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88-094RESOLUTION NO. 88R-94 A RESOLUTION OF THE CITY COUNCIL OF TIlE CITY OF ANAHEIM CERTIFYING THE INITIAL STUDY WITH RESPECT TO THE PROPOSED DISPOSITION AND DEVELOPMENT AGREE~IENT BETWEEN 'rITE. ANAHEIM REDEVELOPIvPFNT AGENCY kND bI~RCIA CASTOR, HARGARET LOUISE ATKINS AND EDWARD AUBURN ATKINS, DEVELOPER; FINDING THAT THE CONSIDERATION FOR THE SALE OF THE PROPERTY THERElYNDER IS NOT LESS THAN FAIR VALUE IN ACCORDANCE WITH COVENANTS AND CONDITIONS GOVERNING SUCH SALE; AND APPROVING THE SALE OF SUCtt PROPERTY AND SAID DISPOSITION AND DEVELOPMk~NT AGILEEFIENT. WHERFAS, the activities necessary Redevelopment P1 an") Anaheim Redeve]opment Agency ("Agency") is engaged in to execute and implement the Redevelopment Plan (the for Redevelopment Project Alpha (the "Project"); and M~ERE/~q, in order to implement the Redevelopment P]an, as amended, the Agency proposes to sell, pursuant to the terms and conditions of a Disposition and Development Agreement, certain rem property (the "Site"), described as Heritage Square Parce! #3, Parcel Hap No. 83-231, Parcel Map Book 184/40-42 in the City of Anaheim, California, currently addressed as 198 North Vintage Irene, and certain chattel property (the "Structure") located at 208 S. Philadelphia Street in the Project; and %~HEREAS, MARCIA CASTOR, MARGARET LOUISE ATKINS AND EDWARD AUBURN ATKINS (the "Developer") has submitted to the Agency a written offer in the form of said Disposition and Development Agreement to purchase the Site at a fair and ~quitab]e price for uses in accordance with the Redevelopment Plan; and }'4}fERFAS, t he all the provisions, local law; and proposed Disposition and Deve]opment Agreement contains terms, conditions, and obligations required by State and I~IERFAS, the Agency has determined that Deve]oper possess the qualifications and financial resources necessary to acquire and ensure dpvelopment of the Site and Structure in accordance wJth the purposes and objectives of the Redevelopment Plan; and %~2{F~EAS, pursuant to such provisions of the California Community Redeve]opment Law, the Agency and the City Counci] of the City of Anaheim (the "C~ty Counci]") held a joint public hearing on the proposed sale of the Site an0 St ructure and the proposed Di sposi tion and Development Agreement; and ~/dtEREAS, the Community Redevelopment Commission of the City of Anaheim has reviewed said proposed D~sposJtion and Development Agreement and has recommended its approval by the City Council and the Agency; and WHEREAS, the Agency bas prepared a Summary setting forth the cost of the Disposition and Development Agreement to the Agency, the estimated value of the interest to be conveyed determined at the highest uses permitted under the Redevelopment Plan and the purchase price, and bas made said Summary available for public inspection in accordance with the California Community Redevelopment Law; and -1- WHEREAS, the Agency has certified tue Initial Study of Environmental Impact prepared by Agency staff and has determined that sale and development of the Site pursuant to the proposeo Disposition and Development Agreement is in the best interest of the City and the health, safety, morals, and welfare of its residents; is in accord with the public purposes and provisions of applicable State and local law and requirements; and is necessary to effectuate the Redevelopment Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM AS FOLLOWS: 1. The City Council hereby certifies the Initial Study with respect to the proposed Disposition and Development Agreement between the Agency and the Developer. 2. The city Council hereby certifies that the information contained in the Initial Study and in the Final Subsequent Environmental Impact Report for the Second Amendment to the Redevelopment Plan (the "FSEIR") with respect to the proposed Disposition and Development Agreement has been reviewed and considered by the City Council. 3. The city Council hereby finds and determines as follows: A. No substantial changes are proposed in the Redevelopment Project, or with respect to the circumstances under which the Project is to be undertaken, which will require important revisions in the FSEIR and no new information of substantial importance to the Project aas befome available due to the involvement of new environmental impacts not covered in said previous FSEIR; and B. No Negative Declaration, Subsequent Environmental Impact Report, or Addendum Supplement to the FSEIR is necessary or required. C. The proposed action will have no significant effect on the environment except as identified and considered in the FSEIR. 4. The City Council hereby finds and determines that the consideration for sale of the Site and Structure pursuant to said Disposition and Development Agreement is not less than fair value in accordance with covenants and conditions governing such sale. 5. The sale of the Site and Structure, by the Agency to the Developer, and the Disposition and Development Agreement, which establishes the terms and conditionss for the sale and development of the Site and Structure, are hereby approved. -2- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 23rd days of February , 1988. ATTEST: CITY CLERK OF THE CI'I'Y OF ANAHEIM RZ:kal 0941R -3- CLEKK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, ANN M. SAUVAGEAU, Assistant City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 88R-94 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 23rd day of February, 1988, by the following vote of the members tlmreof: AYES: COUNCIL biEMBERS: Ehrle, Hunter, Kay~ood, Pickler and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ~qD I FURTHER certify t[mt the Mayor of the City of Anaheim signed said Resolution No. 88R-9~ on the 25th day of February, 1988. IN WITNESS WHEKEOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 25th day of February, 1988. ASSISTANT CI~~Y OF ANAHEIM ($~L) I, ~JqN M. SAUVAGEAU, Assistant City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 88R-94 duly passed and adopted by the Anaheim City Council on February 23, 1988. ASSISTANT CITY CLERK (~THE CITY OF ANAHEIM