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RES-2016-062RESOLUTION NO. 2016-062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE SALE OF REAL PROPERTY TO LAACO, LTD., A CALIFORNIA LIMITED PARTNERSHIP; FINDING THAT SAID SALE IS CATEGORICALLY EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN AGREEMENT FOR SALE OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS AND ANY AND ALL DOCUMENTS NECESSARY TO COMPLETE THE TRANSACTION AND IMPLEMENT THIS RESOLUTION. WHEREAS, the City is the owner of a remnant parcel created by the widening in 1997 of the Interstate 5 Freeway, which parcel consists of approximately 0.23 acre having Assessor's Parcel No. 082-023-80 and generally located on the north side of S. Anaheim Way between S. Anaheim Boulevard to the north and E. Katella Avenue to the south. The parcel is generally depicted on the map attached hereto as Exhibit A and more particularly described on Exhibit A- 1, attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the City Council of the City of Anaheim ("City Council") desires to sell the Property to LAACO, LTD., a California limited partnership (the "Purchaser") pursuant to the terms of an Agreement for Sale of Real Property and Joint Escrow Instructions in the form presented at this meeting (the "Agreement"); and WHEREAS, the Purchaser proposes to acquire the Property from the City pursuant to the terms and provisions of the Agreement (the "Purchase Agreement"); and WHEREAS, as the "lead agency" under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the City Council of the City finds and determines that the proposed sale of the Property is within that class of projects (i.e., Class 12 - Surplus Government Property Sales) which consist of the sales of surplus government property, and that, therefore, pursuant to Section 15312 of Title 14 of the California Code of Regulations, the sale of the Property pursuant to the Purchase Agreement will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, this City Council has duly considered all of the terms and conditions of the Agreement and any testimony received at the meeting at which this matter was considered, and now desires to approve the Agreement; and WHEREAS, this City Council determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. This City Council expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The foregoing recitals are incorporated into this Resolution by this reference and constitute a material part of this Resolution. Section 2. This City Council hereby approves the sale of the Property to the Purchaser for the sum of $95,000.00 through escrow in accordance with the terms and provisions of the Purchase Agreement. Accordingly, this City Council hereby finds and determines that the terms and provisions of the Purchase Agreement between the City and the Purchaser with respect to the sale of the Property to the Purchaser, in the form presented at this meeting, are approved. Section 3. The Purchase Agreement shall be executed on behalf of the City by the City Manager and shall be attested by the City Clerk. Section 4. The Director of the City's Department of Community and Economic Development (the "Director") is hereby authorized and directed to implement the Purchase Agreement and to perform any and all duties and to execute and deliver any and all documents deeds, agreements and instruments which, in consultation with the City Attorney (or his duly authorized designee), he may deem necessary and/or appropriate in order to convey the Property to the Purchaser and otherwise effectuate the purposes of this Resolution and to administer the City's obligations, responsibilities and duties to be performed hereunder and under the Purchase Agreement. HI HI 2 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 12 day of April , 2016, by the following roll call vote: AYES: Mayor Pro Tem Kring and Council Members Murray and Brandman NOES: Mayor Tait and Council Member Vanderbilt ABSENT: None ABSTAIN: None ATTES . CITY CL OF THE CITY dF ANAHEIM 116463v 1 /TJR 3 CITY OF ANAHEIM MAYOR OF THE dITY OF ANAHEIM EXHIBIT "A" MAP DEPICTING THE PROPERTY [Behind this sheet.] Parcel 082-230-80 ibio City of Anaheim - Planning Info Map Created: 3/29/2016 59 feet 0 N APN: 082-230-80 Property Size: 0.23 acres Site Ownership: CITY OF ANAHEIM Zoning: General Commercial (C -G) General Plan: Industrial (I -L) Existing Land Use: Vacant Redevelopment Area: None EXHIBIT "A-1" LEGAL DESCRIPTION OF THE PROPERTY [Behind this sheet.] THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, STATE OF CALIFORNIA MORE PARTICULARLY DESCRIBED IN A GRANT DEED TO THE STATE OF CALIFORNIA, RECORDED JUNE 19, 1995, AS INSTRUMENT NO. 95-0257218 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER, LYING NORTHEASTERLY OF THOSE CERTAIN COURSES NUMBERED 6, 7 AND 8 DESCRIBED IN DIRECTOR'S DEED NO. DD 200225-01-01 RECORDED JULY 07, 1999 AS INSTRUMENT NO. 19990501246 OF SAID OFFICIAL RECORDS. APN: 1182-230-80