RES-2016-061RESOLUTION NO. 2 016 - 0 61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AUTHORIZING THE SALE OF REAL PROPERTY
TO PDC OC/IE LLC, A DELAWARE LIMITED LIABILITY
COMPANY; 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 three remnant parcels created by the widening in
1997 of the Interstate 5 Freeway, which parcels consist of approximately 6.84 acres having
Assessor's Parcel Nos. 082-023-78, 082-023-82 and 082-023-84 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 parcels are 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 PDC OC/IE LLC, a Delaware limited liability company (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 $10,200,000.00 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.
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
ATTE
CITY CLERK OF THE CITY OF ANAHEIM
116462v 1 /TJR
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CITY OF ANAHEIM
MAY R OF THE CITY OF ANAHEIM
EXHIBIT "A"
MAP DEPICTING THE PROPERTY
[Behind this sheet.]
Parcel 082-230-78
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Site Ownership: CITY OF ANAHEIM
Zoning: Industrial (I)
General Plan: Industrial (I -L)
Existing Land Use: Vacant
Redevelopment Area: None
Parcel 082-230-82
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City of Anaheim - Planning Info
Map Created: 3/28/2016 '
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APN:
082-230-82
Property Size:
3.07 acres
Site Ownership:
CITY OF ANAHEIM
Zoning:
Industrial (I)
General Plan:
Industrial (I -L)
Existing Land Use:
Industrial Use, Vacant
Redevelopment Area:
None
Site Ownership: I CITY OF ANAHEIM
Zoning: Industrial (I)
General Plan: Industrial (I -L)
Existing Land Use Industrial Use, Vacant
Redevelopment Area: None
Parcel 082-230-84
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City of Anaheim - Planning Info
Map Created: 3/28/2016
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APN:
082-230-84
Property Size:
2.81 acres
Site Ownership: I CITY OF ANAHEIM
Zoning: Industrial (I)
General Plan: Industrial (I -L)
Existing Land Use Industrial Use, Vacant
Redevelopment Area: None
EXHIBIT "A-1"
LEGAL DESCRIPTION OF THE PROPERTY
PARCEL 1: APN 082-230-82
THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION
23, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, MORE
PARTICULARLY DESCRIBED IN THE GRANT DEED TO THE STATE OF CALIFORNIA, IN THE CITY
OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED MAY 14, 1997, AS
INSTRUMENT NUMBER 19970223537 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, LYING NORTHEASTERLY OF COURSE (8) OF THE FOLLOWING
DESCRIBED LINE:
COMMENCING AT THE CENTERLINE INTERSECTION OF CERRITOS AVENUE, (SHOWN AS
CERRITOS STREET) AND ANAHEIM BOULEVARD, (SHOWN AS LOS ANGELES STREET) ON A MAP
FILED IN BOOK 51, PAGE 22, RECORDS OF SURVEY OF SAID COUNTY; THENCE SOUTHERLY
ALONG THE CENTERLINE OF SAID ANAHEIM BOULEVARD, SOUTH 06°03'113" EAST, 93.05 FEET
TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 2000.00
FEET; THENCE CONTINUING ALONG SAID CENTERLINE AND SOUTHERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 06044'58", A DISTANCE OF 235.60 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE, SOUTH 00041'55" WEST, 524.89 FEET;
THENCE LEAVING SAID CENTERLINE, SOUTH 89°18'05" EAST, 53.00 FEET TO A POINT ON THE
EAST LINE OF ANAHEIM BOULEVARD DESCRIBED IN A DEED TO THE CITY OF ANAHEIM FOR A
ROAD EASEMENT, RECORDED DECEMBER 27, 1973 IN BOOK 11041, PAGE 972, OFFICIAL
RECORDS OF SAID COUNTY, SAID POINT BEING THE BEGINNING OF A CURVE TANGENT TO
THE EAST LINE OF SAID ROAD EASEMENT, CONCAVE WESTERLY AND HAVING A RADIUS OF
1560.51) FEET, A RADIAL LINE TO SAID CURVE BEARS SOUTH 89°18'05" EAST, SAID POINT
ALSO BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE FOLLOWING EIGHT
COURSES:
1) SOUTHERLY 189.85 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06°58'15";
2) SOUTH 07040'1(1" WEST, 122.36 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY
AND HAVING A RADIUS OF 115.5(1 FEET;
3) SOUTHERLY 11.88 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05°53'36";
4) SOUTH 13008'01" EAST, 59.44 FEET TO THE BEGINNING OF A NON -TANGENT CURVE
CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 115.50 FEET, TO WHICH POINT A
RADIAL LINE OF SAID CURVE BEARS SOUTH 61057'23" WEST;
5) SOUTHEASTERLY 34.(10 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
16052'06";
6) SOUTH 44054'43" EAST, 406.45 FEET TO THE BEGINNING OF A CURVE CONCAVE
NORTHEASTERLY AND HAVING A RADIUS OF 956.(10 FEET;
7) SOUTHEASTERLY 93.75 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
05°37'08";
8) SOUTH 50031'51" EAST, 902.32 FEET TO A POINT IN THE WESTERLY LINE OF PARCEL 1, AS
SHOWN ON A MAP FILED IN BOOK 38, PAGE 5 OF PARCEL MAPS IN THE OFFICE OF SAID
COUNTY RECORDER, SAID POINT BEING NORTH (10°52`32" EAST, 474.89 FEET NORTHERLY
MEASURED AT RIGHT ANGLES FROM A POINT IN THE CENTER LINE OF KATELLA AVENUE
(BEING THE SOUTH LINE OF SAID SECTION 23), DISTANT THEREON NORTH 89°(1728" WEST,
1323.06 FEET FROM THE SOUTH 1/4 CORNER OF SAID SECTION 23;
THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTIONS ARE ON THE CALIFORNIA
COORDINATE SYSTEM OF 1927, ZONE 6. MULTIPLY ALL DISTANCES USED IN THE ABOVE
DESCRIPTIONS BY 1.00002052 TO OBTAIN GROUND LEVEL DISTANCES.
PARCEL 2: APN 082-230-84
THAT PORTION OF PARCEL NUMBER 2010440-1 AS DESCRIBED IN THAT CERTAIN GRANT DEED
RECORDED APRIL 25, 1997 AS INSTRUMENT NO. 19970189389 OF OFFICIAL RECORDS IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, LYING
NORTHEASTERLY OF COURSE 8 OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE CENTERLINE INTERSECTION OF CERRITOS AVENUE, (SHOWN AS
CERRITOS STREET) AND ANAHEIM BOULEVARD, (SHOWN AS LOS ANGELES STREET) ON A MAP
FILED IN BOOK 51, PAGE 22, RECORDS OF SURVEY OF SAID COUNTY; THENCE SOUTHERLY
ALONG THE CENTERLINE OF SAID ANAHEIM BOULEVARD, SOUTH 06°03-13" EAST, 93.05 FEET;
TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 2000.00
FEET; THENCE CONTINUING ALONG SAID CENTERLINE AND SOUTHERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 0604458", A DISTANCE OF 235.60 FEET,-
THENCE
EET;THENCE CONTINUING ALONG SAID CENTERLINE, SOUTH 00041'55" WEST, 524.89 FEET;
THENCE LEAVING SAID CENTERLINE, SOUTH 89°18'015" EAST 53.010 FEET TO A POINT ON THE
EAST LINE OF ANAHEIM BOULEVARD AS DESCRIBED IN A DEED TO THE CITY OF ANAHEIM FOR
A ROAD EASEMENT, RECORDED DECEMBER 27, 1973 IN BOOK 11041 PAGE 972 OF OFFICIAL
RECORDS OF SAID COUNTY, SAID POINT BEING THE BEGINNING OF A CURVE TANGENT TO
THE EAST LINE OF SAID ROAD EASEMENT, CONCAVE WESTERLY AND HAVING A RADIUS OF
1560.5(l FEET, A RADIAL LINE TO SAID CURVE BEARS SOUTH 89018'05" EAST, THENCE ALONG
THE FOLLOWING COURSES:
1) SOUTHERLY 189.85 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06058'15";
2) SOUTH (17040'10" WEST, 122.36 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY
AND HAVING A RADIUS OF 115.50 FEET;
3) SOUTHERLY 11.88 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 015°53'36";
4) SOUTH 130118'01" EAST, 59.44 FEET TO THE BEGINNING OF A NON -TANGENT CURVE
CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 115.50 FEET, TO WHICH A RADIAL LINE
OF SAID CURVE BEARS SOUTH 6105723" WEST;
5) SOUTHEASTERLY 34.00 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
16°52'06";
6) SOUTH 44°54'43" EAST, 406.45 FEET TO THE BEGINNING OF A CURVE CONCAVE
NORTHEASTERLY AND HAVING A RADIUS OF 956.00 FEET;
7) SOUTHEASTERLY 93.75 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
05037'118";
8) SOUTH 50031'51", EAST, 902.32 FEET TO A POINT IN THE WESTERLY LINE OF PARCEL 1, AS
SHOWN ON A MAP FILED IN BOOK 38, PAGE 5 OF PARCEL MAPS IN THE OFFICE OF SAID
COUNTY RECORDER, SAID POINT BEING NORTH 010°52'32" EAST, 474.89 FEET MEASURED AT
RIGHT ANGLES FROM A POINT IN THE CENTER LINE OF KATELLA AVENUE (BEING THE SOUTH
LINE OF SAID SECTION 23), DISTANT THEREON NORTH 890117'28" WEST, 1323.016 FEET FROM
THE SOUTH 1/4 CORNER OF SAID SECTION 23.
PARCEL 3: APN 082-230-78
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
FEBRUARY 23, 1995, AS INSTRUMENT NO. 95-0072671 OF OFFICIAL RECORDS, IN THE OFFICE
OF SAID COUNTY RECORDER,
LYING NORTHEASTERLY OF COURSE NO. 8 OF PARCEL NO. 200225-01-01, MORE
PARTICULARLY DESCRIBED IN A DIRECTOR'S DEED RECORDED JULY 7, 1999 AS INSTRUMENT
NO. 19990501246 OF OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER.
EXCEPT THEREFROM SAID PARCEL NO. 200225-01-01.