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Anaheim, CA 92805
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CITY COUNCIL AGENDA REPORT
City of Anaheim
DEPARTMENT OF PUBLIC WORKS
DATE: AUGUST 9, 2022
FROM: DEPARTMENT OF PUBLIC WORKS
SUBJECT: PURCHASE AND SALE AGREEMENT, COVENANT TO HOLD
PARCELS AS A SINGLE PARCEL, WALL COVENANT WITH
DELGADILLO ET AL, DECLARE A PORTION OF CITY-OWNED
PROPERTY EXEMPT SURPLUS PROPERTY, AND DEDICATE
CITY-OWNED PROPERTY FOR PUBLIC STREET, PUBLIC
UTILITY, AND OTHER PUBLIC PURPOSES FOR A PORTION OF
PARCELS AT 2202 AND 2203 WEST FALMOUTH AVENUE
ATTACHMENT (Y/N): YES ITEM # 19
RECOMMENDATION:
That the City Council, by Resolution:
1. Dedicate certain portions of City owned property generally located adjacent to Brookhurst Street as described and depicted in Exhibits A-D of said Resolution, for public street, public utility, and other public purposes; and
2. Declare a portion of City-owned property Exempt Surplus Property pursuant to California Government Code Section 54221(f)(1)(B).
That the City Council, by Motion:
3. Approve the Purchase and Sale Agreement in the amount of $4,882.41 by and between the City of Anaheim and Delgadillo et al., pertaining to the City’s remnant parcel from the Brookhurst Street Widening from the SR-91 Freeway to La Palma Avenue; and
4. Authorize and direct the Mayor Pro Tem to execute the Purchase and Sale Agreement and Grant Deed; and
5. Authorize and direct the Director of Public Works or his designee, on behalf of the City, to execute any and all documents and take any and all actions as may be necessary or advisable to implement and administer the Purchase and Sale Agreement and as may be required to close escrow; and
6. Authorize and direct the City Clerk to cause said Wall Covenant, the Covenant to Hold Properties as a Single Parcel, the Grant Deed, and the Resolution Dedicating Certain City-Owned Property, to be recorded in the Office of the Orange County Recorder.
Purchase and Sale Agreement, Covenant to Hold Parcels as a Single Parcel, Wall Covenant with Delgadillo et al., declare a portion of City-owned property Exempt Surplus Property, and dedicate City-owned property for public street, public utility, and other public purposes for a portion of parcels at 2202 and 2203 West Falmouth Avenue August 9, 2022
DISCUSSION:
On September 12, 2018, construction of the Brookhurst Street Widening from the SR-91 Freeway to La Palma Avenue (Project) was completed and two remnant parcels adjacent to the street remained unusable and unnecessary for the widening. The Project constructed sidewalk, parkway, and roadway improvement on a portion of 2202 and 2203 W. Falmouth Aveue currently used for public street, public utility, and other public purposes that need to be dedicated into our City roadway system.
Since Measure M2 grants funded the design, right-of-way, and construction of the Project, the City is required to sell the remnant parcels pursuant to Orange County Transportation Authority (OCTA) Master Funding Agreement No. C-1-2754 and the Comprehensive Transportation Funding Programs (CTFP) Guidelines with the proceeds returned to OCTA. The two remnant parcels at 2202 and 2203 W. Falmouth Avenue under current zoning are not independently developable due to their size and location. The remnant parcel, APN 071-247-21 at 2202 W. Falmouth Avenue, is approximately 4,173 square feet and is declared exempt surplus property pursuant to Government Code Section 54221(f)(1)(B) because the land is less than 5,000 square feet in area and is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes.
Both remnant parcels were appraised and offered for sale to the adjacent property owners. Only the owners (Delgadillo et al.) at 2206 W. Falmouth Avenue expressed an interest in purchasing the remnant parcel of 2202 W. Falmouth Avenue for the appraised amount of $4,882.41. The sale price represents the reduced value based on the limited available use, the irregular size, the limited access, and the requirements of the wall covenant and covenant to hold properties as a single parcel.
The wall covenant is required to insure the property will maintain a sound wall between the public right of way and the residential neighborhood. The covenant to hold properties as a single parcel ensures the undevelopable lot cannot be independently sold or developed. Remnant parcel at 2203 W. Falmouth was offered for purchase at the appraised value to the adjacent property owner at 2207 W. Falmouth. The property owner at 2207 W. Falmouth declined to purchase the remnant parcel at this time. Therefore, 2203 W. Falmouth will remain City owned property.
It is therefore recommended that the remnant parcel at 2202 W. Falmouth Avenue, by Resolution, be declared Exempt Surplus Property pursuant to Government Code Section 54221(f)(1)(B), the Purchase and Sale Agreement be approved for sale to Delgadillo et al. for $4,882.41, authorize the Mayor Pro Tem to execute the Purchase and Sale Agreement, authorize the Director of Public Works or his designee, on behalf of the City, to execute any and all documents necessary to implement and administer the Purchase and Sale Agreement, by Resolution dedicate City-owned property for public street, public utility, and other public purposes, and authorize and direct the City Clerk to cause said Wall Covenant, the Covenant to Hold Properties as a Single Parcel, the Grant Deed, and the Resolution Dedicating Certain City-Owned Property, to be recorded in the Office of the Orange County Recorder.
Purchase and Sale Agreement, Covenant to Hold Parcels as a Single Parcel, Wall Covenant with Delgadillo et al., declare a portion of City-owned property Exempt Surplus Property, and dedicate City-owned property for public street, public utility, and other public purposes for a portion of parcels at 2202 and 2203 West Falmouth Avenue
August 9, 2022
IMPACT ON BUDGET:
Land sale proceeds will be deposited into a restricted transportation fund.
Respectfully submitted,
Rudy Emami
Director of Public Works
Attachments:
1. Resolution Dedicating City-Owned Property
2. Resolution Declaring Property Exempt Surplus Property
3. Purchase and Sale Agreement for a portion of 2202 W. Falmouth
4. Wall Covenant for a portion of 2202 W. Falmouth
5. Covenant to Hold Parcels as a Single Parcel for 2202 and 2206 W. Falmouth
6. Grant Deed