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1979-085RESOLUTION NO. 79R -85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM MAKING CERTAIN FINDINGS WITH RESPECT TO THE CONSIDERATION TO BE RECEIVED BY THE ANAHEIM REDEVELOPMENT AGENCY PURSUANT TO A PARTICIPATION AGREEMENT BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND ROBERT EUGENE BENTLEY AND SHARON LYNN BENTLEY FOR THE SALE AND DEVELOPMENT OF CERTAIN REAL PROPERTY AT THE NORTHEAST CORNER OF LINCOLN AVENUE AND HARBOR BOULEVARD; APPROVING THE PROPOSED SALE OF SAID REAL PROPERTY; CONSENTING TO THE PROVISION OF CERTAIN PUBLIC IMPROVEMENTS BY THE AGENCY; AND APPROVING THE PARTICIPATION AGREEMENT PERTAINING THERETO. WHEREAS, the Anaheim Redevelopment Agency (the "Agency") is engaged in activities necessary to execute and implement the Redevelopment Plan for Redevelopment Project Alpha (the "Project and WHEREAS, in order to implement the Redevelopment Plan, the Agency proposes to sell certain real property (the "Site in the Project area, pursuant to the terms and provisions of a Participation Agreement (the "Agreement and which property is described in said Agreement; and WHEREAS, Robert Eugene Bentley and Sharon Lynn Bentley (the "Developer has submitted to the Agency a written offer in the form of said Agreement to purchase the Site; and WHEREAS, the proposed Agreement contains all the provisions, terms, conditions and obligations required by state and local law; and WHEREAS, Developer possesses the qualifications and financial resources necessary to acquire and insure development of the Site, in accordance with the purposes and objectives of the Redevelopment Plan; and WHEREAS, the Agency has prepared, and the City Council has reviewed and considered, a Summary Report setting forth the cost of the Agreement to the Agency, the estimated value of the interests to be conveyed determined at the highest uses permitted under the Redevelopment Plan, and the purchase price, and made said Summary Report available for public inspection in accordance with the California Community Redevelopment Law; and WHEREAS, the City Council has found on the basis of an Initial Study that said Agreement will not result in substantial changes in the Project or the circumstances under which the Project is to be undertaken, that no Negative Declaration, Subsequent Environmental Impact Report, or Supplement to an Environmental Impact Report is required, and that the proposed action will have no significant effect on the environment except as identified and considered in the previous environmental impact report; and -1- WHEREAS, pursuant to the provisions of the California Redevelopment Law, the Agency and the City Council have held a duly noticed joint public hearing on the proposed Sale of Site and the proposed Agreement; and WHEREAS, the City Council has considered all terms and conditions of the proposed sale and believes that the redevelopment of the Site pursuant to the proposed Agreement 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 the applicable State and local laws. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: 1. The City Council hereby finds and determines that the consideration for the sale of the Site pursuant to the Partici- pation Agreement between the Agency and Robert Eugene Bentley and Sharon Lynn Bentley is not less than the fair market value of the Site in accordance with the covenants and conditions governing the sale. 2. The City Council hereby finds and determines that the consideration for sale of the Site pursuant to the Agreement is less than the estimated value at the highest use permitted under the Redevelopment Plan, as set forth in said Summary Report, and that such lesser consideration is necessary to effectuate the purposes of the Redevelopment Plan. 3. The City Council hereby finds and determines that the provision by the Agency of certain public improvements to the Site pursuant to the Agreement, which improvements would other- wise be the responsibility of the Developer, is necessary to effectuate the purposes of the Redevelopment Plan. 4. The City Council hereby consents to the provision of said public improvements by the Agency. 5. The sale of the Site by the Agency to Robert Eugene Bentley and Sharon Lynn Bentley and the Participation Agreement which establishes the terms and conditions for the sale and development of the Site, are hereby approved. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this ,th op of February, 1979. ATTEST: e YOR F THE C CITY LERK OF TH CITY OF ANAHEIM PIES: jh -2- STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 79R -85 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 13th day of February, 1979, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 79R -85 on the 13th day of February, 1979. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 13th day of February, 1979. (SEAL) CITY CL RK OF THE CI OF ANAHEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 79R -85 duly passed and adopted by the Anaheim City Council on February 13, 1979.