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2002-081RESOLUTION NO. 2002R-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY FROM THE ANAHEIM REDEVELOPMENT AGENCY FOR PUBLIC PURPOSES; ACCEPTING THE DEED CONVEYING SUCH PROPERTY TO THE CITY OF ANAHEIM; ~,kND MAKING CERTAIN OTIIER FINDINGS RELATED TItERETO and WHEREAS, the City of Anaheim is a Ca!ifomia municipal corporation and charter city; WHEREAS, the Anaheim Redevelopment Agency ("Agency") is a community redevelopment agency organized and existing under the California Community Redevelopment Law, Health and 5a/ety Code Sections 33000, et seq. ("CRL") and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council of the City of Anaheim ("City Council"); and WHEREAS, the Agency previously acquired certain real property for redevelopment purposes pursuant to the CILL, which property ~s located at the southeast comer of Manchester Boulevard and Broadway, Anaheim, California and iden;:ified in Exhit)it B (':Agency Parcel"l; and WHEREAS, pursuant to Government Code § 3'7 ~50 the City may purchase, lease, receive, hold, and enjoy real and personal property, and control and dispose of it~ 'for t~e common benefit; and WHEREAS, City desires to acquire thc.' Property Ibr public purposes and pt~blic use and is in the implementation stages of contructing a public park with ancillary improvemer~ts ("Project"); and $t, tIEREAS, as a part of the implementation of thc proposed Prqiect the City inifia:e6. negotiations with the Agency to acquire the Property and both entities have ceached consensus on the terms of the dispositio~ of the Property by the Agency to the C;.ty 'for the l"roje, ct; and WHEREAS, if a parcel of rea! property belng acquired by the City is already appropriated to a public use, such as the redevelopment nsc for wh. icl~ tl~e Agency acquired the Property, and the 'use for which the Propert. y is sought to be acquired is a more necessary public use, pursuant to Code of Civil Procedure § 1240.610 the Cib' may determine: !.ts proposed use is a more necessary use than the use to which the. Property is now appro?riated; and WHEREAS:. the City desires by this reso!.ution to determine that the acquisition and use of the Property is a more necessary public use than the use to which the Property is now appropriated by the Agency; and WHEREAS, the conveyance authorized by this resolution will be cmTied out bv deed from the Agency, as ~'antor, and the City, as grantee, substantially in thc lbrm of'the ".~eed", a,tach,.u to this resolution as Exhibit A and fkily incorporated by this refcrepc¢. F ,IX)CS'i~ RG PSVCS\KESOLUTN',S£ R2415A NOW, THE CITY COUNCIL OF THE crrY OF ANAHEIM does hereby resolve, find and determine: Section 1. resolution. The foregoing recitals are tree and correct and a substantive part of this Section 2. It is in the best interests of the City of Anaheim to authorize acquisition of the Property from the Agency for the Project. The City initiated negotiations to acquire the Property from the Agency for the Project and determines the proposed public use for the Property is a more necessary public use than the redevelopment use for which the Agency acquired the Property. Section 3. The acquisition of the Property by the City from the Agency is hereby approved; provided however, nothing in this resolution shall be construed to be art acceptance of arty parcel or property into the City street system pursuant to Streets & Highways Code § 1806. Section 4. The form of the Deed is hereby approved and City Manager is authorized to make any minor, non-substantive changes to the Deed as detem:ined reasonably necessary, subject to approval of the City Attorney and consistent with the authorizations herein. Section 5. The Mayor is authorized to execute the Deed (when in fi~al form, as determined by the City Manager and Cit./Attorney pursuant to Section 2 above) and the City Clerk is authorized to accept the Deed. The City Clerk is fiarther authorized and directed to cause the Deed to be recorded in the Office of the Recorder of the County of' Orange or, in the appropriate circumstance, deposited into an escrow pertaining to the disposition of the Property. Section 6. The City Clerk shall certify to the adoption of tiffs Resolution. APPROVED Aa'ND ADOPTED by the City Council of the City of Anaheirn this April, 2002. ATTEST: C~ty ~lerk ~ - 23rd day of F ~ D.%(_ S' P };.(.' PS V C S~,R ESO [ U"£N" S S 1~ 2415A .'DOC STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2002R-81 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 23rd day of Apdl, 2002, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Tait, Kring, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None OF'THE CITY Of ANAHEIM (SEAL) Recording Requested by: City Clerk of the City of Anaheim WHEN RECORDED MAIL TO: CITY CLERK CITY OF ANAHEIM P.O. Box 3222 Anaheim, Califomia 92803 EX EMPT -GOVERN MENT AGENCY Per Gov't Code 6103 By:/.~. ~ ~ City Clerk, City of Anaheim SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED CityDeed # 10512 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ANAHEIM REDEVELOPMENT AGENCY, a public body, corporate and politic hereby GRANTS to the CITY OF ANAHEIM, a municipal corporation the below described real property situated in the City of Anaheim, County California: See Exhibit "A" attached hereto and incorporated by reference herein. of Orange, State of ANAHEIM REDEVELOPMENT AGENCY Dated: April 23, 2002 STATE OF CALIFORNIA COUNTY OF Orange / By: {ss. { Title Chairman On April 23, 2002 beforeme, Arlette Castro By: Personally appeared Tom Daly Title personally know to me ~8~l~~~~to be the person(~[ whose name(X) is/aS~Tsubscribed to the within instrument and acknowledged to me that he/]flightilY[executed the same in his~q: their authorized capacity(~r,~, and that by his/~74~ignature00 on the instrument the person(~ or the entity on behalf of which the person~) acted, executed the instrument. WITNESS my hand and official seal. C:\Documents and Settings\Clong\Local Settings\Temporary Intemet Files\O LK16\Grant Deed from Agency to City.doc EXHIBIT B LEGAL DISCRIPTION OF AGENCY PARCEL Parcel 2 of Parcel Map No. 90-244 in the City of Anaheim, as per map filed in book 268, Pages 25 to 30 inclusive, of Parcel Maps, in the office of the County Recorder of said County. F:\DOCS\PROPSVCS\RESOLUTN~SSR2415A DOC EXHIBIT A Grantor: Anaheim Redevelopment Agency Interest Conveyed: Fee Interest Location & Right of Way/Zoning Number: southeast comer of Manchester Boulevard and Broadway (City Deed Number 10512 ) (attach copy of Deed with Legal Description) F:\DOCS\PROPSVCS~R_ESOLUTN~SSR2415A.DOC Certificate of Acceptance (fi E A L) RESOLUTION NO. 2002R-81 This is to certify that the interest in real property conveyed by the deed or grant dated April 23, 2002, from Grant Deed Anaheim Redevelopment Agency to the City of Anaheim, a Municipal Corporation, is hereby accepted by order of the City Council on April 23, 2002, and the grantee hereby consents to recordation thereof by its duly authorized officer. SHERYLL SCHROEDER, CITY CLERK Dated April 23, 2002 '~City Cldt~k of ~'~ City of Anaheim)