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Anaheim, CA 92805
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CITY COUNCIL AGENDA REPORT
City of Anaheim
DEPARTMENT OF PUBLIC WORKS
DATE: NOVEMBER 7, 2023
FROM: DEPARTMENT OF PUBLIC WORKS
SUBJECT: PURCHASE AND SALE AGREEMENT FOR A PORTION OF CITY-
OWNED PROPERTY DECLARED EXEMPT SURPLUS LAND
ATTACHMENT (Y/N): YES ITEM # 12
GOVERNMENT CODE § 84308 APPLIES: YES
RECOMMENDATION:
That the City Council, by Motion:
1) Approve the Purchase and Sale Agreement (PSA) and Grant Deed (Grant Deed) with Andrew J. Hopwood, an individual (Buyer or Hopwood) in the amount of $19,000, for the sale of a portion of the real property located at 6501 East Nohl Ranch, generally known as Anaheim Hills Golf Course (AHGC) previously declared exempt surplus land (Property); and
2) Authorize the Mayor and City Clerk to execute the PSA and Grant Deed and direct the City Clerk to deliver the Grant Deed to escrow for recordation in the Orange County Recorder’s Office; and
3) Authorize and direct the Public Works Director, or designee, on behalf of the City of Anaheim to take such actions necessary to implement and administer the PSA.
DISCUSSION:
On October 4, 2022, the City Council, by Resolution No. 2022-112, declared its intent to sell this portion of City-owned Property and declared it to be exempt surplus land in accordance with the California Surplus Land Act because the Property is (1) less than 5,000 square feet in area, (2) less than the minimum legal residential building lot size, (3) has no record access, and (4) is not contiguous to land owned by a state or local agency. On November 15, 2022, after staff submitted Resolution No. 2022-112, the California Department of Housing and Community Development (“HCD”) issued a letter that concluded that the Property qualifies as “exempt surplus land” under Government Code section 54221, subdivision (f)(1)(B) and that the City is permitted to proceed with the sale of the Property as described in Resolution No. 2022-112 as long as it is purchased by a landowner with contiguous property.
The Property is approximately 4,878 square feet and is part of AHGC that is not needed for future golf course development as it is located in an out of play area and is generally sloped. The Property abuts and is contiguous to a single-family residence commonly Purchase and Sale Agreement for a portion of City-owned property declared exempt surplus land November 7, 2023
known as 543 South Paseo Ganado. Private improvements were constructed on the Property by the previous owner of 543 South Paseo Ganado without City approval. The private improvements include a chain-link fence, stairs, and a 1,300-square-foot concrete pad supported by retaining walls. Hopwood purchased 543 South Paseo Ganado under the impression that the Property and those private improvements were part of the transaction. Once it came to the attention of the City that those private improvements were encroaching onto AHGC property, staff, together with Andrew J. Hopwood, worked for an amicable solution to alleviate the City’s burden of securing the Property and/or demolishing those encroaching private improvements constructed by the previous property owner. Hopwood, in good faith, worked with the Building Department to permit these improvements and agreed to pay for civil engineered plans, a survey, a legal description with plat, apply for a Lot Line Adjustment, and purchase the Property at market value subject to it being zoned open space, encumbered by easements and development restriction (no structures or buildings), and acceptance of drainage from the City’s surrounding property.
IMPACT ON BUDGET:
Funds received for the sale of real property will be deposited into the General Fund.
Respectfully submitted,
Rudy Emami
Director of Public Works
Attachments:
1. Purchase and Sale Agreement with Grant Deed
2. Resolution No. 2022-112
3. Letter from HCD dated November 15, 2022
4. Aerial/Sketch