CA\JR\16000.65504\10265397.1
RESOLUTION NO. 2022-100
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CORONA, CALIFORNIA, DECLARING THAT THE 0.13
ACRES OF PROPERTY LOCATED ADJACENT TO
PALISADES DRIVE, SOUTH OF STATE ROUTE 91, AND
IMMEDIATELY WEST OF CERTAIN REAL PROPERTY
IDENTIFIED AS 2785 PALISADES DRIVE IS NO LONGER
NECESSARY FOR THE CITY’S USE AND IS EXEMPT
SURPLUS LAND UNDER THE SURPLUS LAND ACT.
WHEREAS, Assembly Bill 1486 went into effect on January 1, 2020, and expanded the Surplus Land Act (Government Code section 54220 et seq.) requirements for local agencies prior to the disposition and disposal of any surplus land (collectively, the “Surplus Land Act”); and
WHEREAS, the City owns certain real property located adjacent to Palisades Drive, south of State Route 91, and immediately west of certain real property identified as 2785 Palisades Drive, Corona, Riverside County, California, which consists of approximately
0.13acres of right-of-way (“Subject Property”); and
WHEREAS, the City has determined that the Subject Property is no longer needed for the City’s use and is considered excess right-of-way because Palisades Drive is developed to its full-width configuration and enables adequate traffic circulation such that road widening improvements are not needed on the Subject Property; and WHEREAS, ASC 1.46 Acres, LLC, a California limited liability company (“Buyer”), the owner of vacant, undeveloped property designated as Assessor Parcel Number 101-170-044, which is contiguous to the Subject Property, desires to acquire the Subject Property from the City in accordance with that certain Agreement of Purchase and Sale and Joint Escrow Instructions dated June 15, 2022, attached hereto as Exhibit “A” and incorporated herein by reference (“Agreement”); and
WHEREAS, pursuant to Government Code Section 54222.3, the disposal of the exempt surplus land is not subject to the requirements or procedures of the Surplus Land Act; and
WHEREAS, pursuant to Government Code Section 54221(f)(1)(E), the Subject Property meets the definition of “exempt surplus land,” because it is former right-of-way and pursuant to the Agreement, will be sold to the owner of contiguous land.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CORONA, CALIFORNIA, AS FOLLOWS:
CA\JR\16000.65504\10265397.1
SECTION 1. Findings. The City Council hereby finds and determines that the above stated recitals are true and correct.
SECTION 2. Exempt Surplus Property Declaration. The City Council hereby finds and declares that the Subject Property is no longer necessary for the City’s use and is exempt surplus land, as defined in the Surplus Land Act, based on the evidence in the record and the true and correct written findings found in this Resolution and incorporated herein by reference.
SECTION 3. CEQA. The declaration of the Subject Property as exempt surplus land is exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15312 (Surplus Government Property Sales).
However, any subsequent development of the Subject Property would be reviewed further under CEQA and other applicable laws.
SECTION 4. Effective Date. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the City shall attest to and certify the vote adopting this Resolution.
PASSED, APPROVED AND ADOPTED this 6th day of July, 2022. ____________________________________
Mayor of the City of Corona, California
ATTEST:
___________________________________
City Clerk of the City of Corona, California
CA\JR\16000.65504\10265397.1
CERTIFICATION
I, Sylvia Edwards, City Clerk of the City of Corona, California, do hereby certify that the foregoing Resolution was regularly passed and adopted by the City Council of the City of Corona, California, at a regular meeting thereof held on the 6th day of July, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Corona, California, this 6th day of July, 2022. ___________________________________
City Clerk of the City of Corona, California
[SEAL]
CA\JR\16000.65504\10265397.1
EXHIBIT “A”
AGREEMENT OF PURCHASE AND SALE
AND JOINT ESCROW INSTRUCTIONS
[SEE ATTACHED FIFTY-NINE (59) PAGES]
AGREEMENT
APNS: 101-170-044, 101-170-045
Federal ID No.: 95-6000697
OF PURCHASE AND SALE
AND JOINT ESCROW INSTRUCTIONS
First American Title Insurance Company
3281 East Guasti Road, Suite 440
Ontario, California 91760
Attention: Angela Northan
1. PARTIES AND DATE.
Escrow No: --------
Title Order No.: ------
This AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW
INSTRUCTIONS ("Agreement") is entered into as of this 6th day of July, 2022 ("Entry Date"), by and between ASC 1.46 Acres, LLC, a California limited liability company ("ASC"), Allsize Storage Corona, Inc., a California corporation ("Allsize"), and the City of Corona, a California municipal corporation ("City"). ASC, Allsize and the City are sometimes individually referred to herein as "Party" and collectively as "Parties" throughout this Agreement.
This Agreement shall be effective as of the date, following all legally required notices and hearings, that this Agreement has been approved by the City's governing body or its delegated representative and signed by all Parties ("Effective Date").
2. RECITALS.
2.1 City Property. The City is the owner in fee of approximately 0.128 acres of real property that is excess right-of-way located north of Palisades Drive, south of State Route 91, and immediately west of certain real property identified as 2785 Palisades Drive, Corona, Riverside County, California, as described and depicted in Exhibit "A" attached hereto and incorporated herein by reference ("City Property"). Except as provided in the Grant Deed attached as Exhibit "D" to this Agreement, reference herein to City Property shall include all of City's right, title and interest, in and to any and all improvements, fixtures, rights-of-way, entitlements, claims or other benefits in any way connected with the City Property.
2.2 Allsize Property. Allsize is the owner in fee of certain real property located at 2785 Palisades Drive, Corona, Riverside County, California, and designated as Assessor Parcel Number(s) 101-170-045 ("Allsize Property").
2.3 ASC Property. ASC is the owner in fee of certain real property located immediately west of the Allsize Property and north of the City Property in Corona, Riverside County, California, and partly designated as Assessor Parcel Number(s) 101-170-044 ("ASC Property").
2.4 Temporary Construction Easements. City desires to acquire certain temporary construction easements over portions of the Allsize Property, as described and depicted in CA \JR\16000.65504\10252368. 7