RES-2014-047 RESOLUTION NO. 2014 -047
A RESOLUTION OF THE CITY OF ANAHEIM
APPROVING THE ACQUISITION OF A 3.073 -ACRE
(APPROXIMATE) UNIMPROVED PARCEL OF
REAL PROPERTY KNOWN AS ASSESSOR'S
PARCELS NOS. 073 - 083 -33 AND 073 - 083 -34 IN THE
CITY OF ANAHEIM FROM KARCHER PARTNERS,
LLC AND DETERMINING THAT SAID
ACQUISITION IS EXEMPT FROM THE
PROVISIONS OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) UNDER
SECTION 15004(B)(2)(A) OF THE STATE CEQA
GUIDELINES.
WHEREAS, the City of Anaheim ( "City ") is a municipal corporation exercising
governmental functions and powers, .organized and existing under the laws of the State of
California, and authorized under Section 37350 of the Government Code of the State of
California to purchase, lease, receive, hold, and enjoy real and personal property, and control
and dispose of it for the common benefit; and
WHEREAS, Karcher Partners, LLC, a California limited liability company (herein
referred to as the "Seller "), is the owner of a 3.073 -acre (approximate) unimproved parcel of
real property known as Assessor's Parcels Nos. 073 - 083 -33 and 073 - 083 -34 (herein referred to
as the "Property"). The Property is more particularly described on Exhibit A, attached hereto
and incorporated herein by this reference; and
WHEREAS, the Seller and the City have heretofore entered into that certain Option
Agreement for Purchase of Real Property, dated March 4, 2014 ( "Option Agreement "), whereby
the City obtained an option to purchase the Property for the sum of Three Million and No /100
Dollars ($3,000,000.00) upon certain terms and conditions including entering into a contract
for such purchase and sale; and
WHEREAS, the City desires to exercise its option to purchase the Property in
accordance with the Option Agreement for the sum of Three Million and No /100 Dollars
($3,000,000.00) pursuant to the terms and provisions of an Agreement for Acquisition of
Real Property (herein referred to as the "Purchase Agreement ") in the form presented at this
meeting, which shall also include payment to Seller by the City of the sum of One Hundred
Twelve Thousand Five Hundred and No /100 Dollars ($112,500.00) in consideration for
Seller's agreement, as more particularly described in the Purchase Agreement, to install
certain right -of -way improvements along Carl Karcher Way and Harbor Boulevard for the
benefit of the Property (the "Roadway Fee "); and
WHEREAS, the Property has a fair market value of not less than the purchase price
set forth in the Purchase Agreement; and
WHEREAS, the City Council of the City has duly considered all of the terms and
conditions of the Purchase Agreement, as set forth in the agenda report presented to it and any
testimony received at the meeting at which this matter was considered, and believes that the
acquisition of the Property is in the best interests of the City and the health, safety, morals and
welfare of its residents, and in accord with the public purposes and provisions of applicable
State and local law requirements.
WHEREAS, by authorizing acquisition of the Property, the City Council hereby
finds and determines that it is not committing itself to or agreeing to undertake any other acts
or activities requiring the subsequent independent exercise of discretion by the City Council
or any representative or department thereof. Any disposition of the Property or future use
thereof shall be preceded by, and is conditional and contingent upon, environmental
assessment and review under, and in compliance with, the California Environmental Quality
Act ( "CEQA ").
NOW, THEREFORE, the City Council of the City of Anaheim resolves, on the
basis of the facts set forth in the agenda report presented to it and any testimony received at
the meeting at which this matter was considered, as follows:
Section 1. The foregoing recitals are true and correct.
Section 2. The acquisition of the Property by the City pursuant to the Purchase
Agreement is exempt from the provisions of CEQA under Section 15004(b)(2)(A) of the State
CEQA Guidelines because any subsequent disposition or action taken by the City Council
with respect to the future use of the Property shall be preceded by, and is conditional and
contingent upon, environmental assessment and review under, and in compliance with,
CEQA.
Section 3. The City Manager is hereby authorized and directed to exercise the
City's option to purchase the Property by the date and in accordance with the terms of the
Option Agreement. All actions previously taken by the City in connection with the Option
Agreement are ratified and approved.
Section 4. The acquisition by the City from the Seller of the fee simple estate in
and to the Property, subject to easements, covenants, rights and rights -of -way of record, for
the sum of Three Million and No /100 Dollars (53,000,000.00), and payment of the Roadway
Fee, and related escrow and title costs through escrow in accordance with the terms and
provisions of the Purchase Agreement, is hereby approved.
Section 5. The terms and provisions of the Purchase Agreement between the City
and Seller with respect to the acquisition of the Property in the form as submitted by the City
Manager is hereby approved, with such changes as may be mutually agreed upon by the
Seller and the City Manager (or his duly authorized representative), in consultation with the
City Attorney, as are minor and in substantial conformance with the form of the Purchase
Agreement submitted herewith.
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Section 6. The City Manager is hereby authorized and directed to execute, and the
City Clerk is hereby authorized and directed to attest, the Purchase Agreement on behalf of
the City, including the acceptance in the name and on behalf of the City of a grant deed
conveying to this City the above - described interest in the Property. In such regard, the City
Manager is authorized to sign the final version of the Purchase Agreement after completion
of any such non - substantive, minor revisions. Copies of the final form of the Agreement,
when duly executed and attested, shall be placed on file in the office of the City Clerk.
Section 7. Except as otherwise provided hereinabove, the City Manager is hereby
authorized and directed to do any and all things and to execute and deliver any and all escrow
instructions and documents, which in consultation with the City Attorney, he may deem
necessary or advisable in order to carry out and implement the Purchase Agreement and
otherwise effectuate the purposes of this Resolution and to administer the City's obligations,
responsibilities and duties to be performed under the Purchase Agreement. The City
Manager (or his duly authorized representative) is hereby authorized to the extent necessary
during the implementation of the Purchase Agreement to make technical or minor changes
and interpretations thereto after execution as may be necessary to properly implement and
carry out the Purchase Agreement, provided any and all such changes shall not in any manner
materially affect the rights and obligations of the City provided under the Purchase
Agreement approved hereby.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this 25th day of March, 2014, by the following roll call vote:
AYES: Mayor Tait, Council Members Eastman, Murray, Brandman and Kring
NOES: None
ABSENT: None
ABSTAIN: None
CITY NAHE
MA OR OF 1"HE ITY OF ANAHEIM
ATTEST
i jI �
_
CITY CLERK OF THE C Y OF ANAHEIM
100711v4 /TJR
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EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
THE LAND REFERRED TO HEREIN IS SITUATED IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS
FOLLOWS:
PARCEL 5 OF THE PARCEL MAP NO. 2012-105 RECORDED MAY 6, 2013 IN OFFICIAL
RECORDS OF ORANGE COUNTY, INSTRUMENT NO. 2013-000270875.
[APN 073 - 083 -33 AND 073 - 083 -34]
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