RESOLUTION NO. 2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FULLERTON, CALIFORNIA ACCEPTING A GRANT DEED FOR
PURCHASE OF REAL PROPERTY LOCATED AT 3535
COMMONWEALTH AVENUE
WHEREAS, the City of Fullerton (“City”) desires to purchase real property located at 3535 Commonwealth Avenue along with all buildings, improvements, rights-of-way, appurtenances, easements, sidewalks, alleys, gores, strips of land, streets, roads and avenues adjoining, adjacent, subservient to, or used in connection (the “Property”).
WHEREAS, the Property currently operates as a Navigation Center and the City will continue to operate as same.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FULLERTON RESOLES AS FOLLOWS:
1. The above recitals are true and correct and a substantive part of this Resolution.
2. The City Council of the City of Fullerton accepts and directs the City Manager to execute a Certificate of Acceptance and the City Clerk to record or have recorded the Grant Deed in substantially the form attached hereto as Exhibit "A" and by this reference incorporated herein.
3. Th
e City has reviewed this Resolution and action with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”) and can see with certainty that the acceptance of the Grant Deed for the Property does not have the potential and there is no possibility for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c) (3) because it is not a project as defined by the CEQA Guidelines Section 15378 and because the acquisition will not lead to a change in the existing use of the Property. Adoption of the Resolution and acceptance of the Grant Deed for the property does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
4. City Council authorizes the officers and staff of the City, jointly and severally, to do all things which they may deem necessary or proper to effectuate the purposes of this Resolution and City Council ratifies and confirms any such actions previously taken. Such actions include negotiating in good faith in accordance with the requirements of the Act with any of the Designated Entities that submit a written notice of interest to purchase or lease the Properties in compliance with the Act.
ADOPTED BY THE FULLERTON CITY COUNCIL ON JULY 18, 2023.
ATTEST:
Lucinda Williams, MMC
City Clerk
Attachments:
Attachment 1 - Grant Deed
Fred Jung
Mayor
EXHIBIT A
RECORDING REQUESTED BY:
WHEN RECORDED MAIL TO:
City of Fullerton
MAIL TAX STATEMENTS AND
WHEN RECORDED MAIL TO:
City of Fullerton
303 W. Commonwealth Ave., 3rd Floor
Fullerton, CA 92832
Attn: City Clerk
Space above this line for Recorder’s Use
APN: 030-040-15
GRANT DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S): DOCUMENTARY TRANSFER TAX: transfer is exempt per GC § 27388.1(a)(2) _____ Computed on full value of property conveyed, or
_____ Computed on full value less liens and encumbrances remaining at time of sale.
_____ Unincorporated area _____ City of _______________________________
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, DYER 19 LLC, a Delaware limited liability company, hereby grants to City of Fullerton, a municipal corporation, the real property in the City of Fullerton, County of Orange, State of California, described as (the “Property”):
Parcel A:
Parcel 2 ("Parcel 2") in Book 63, Page 15 of Parcel Maps, in the Office of Recorder of Orange County, California.
Parcel B:
Non-Exclusive easement for Joint Access, Pedestrian and Vehicular Traffic over that portion of Parcel 3, in the City of Fullerton, County of Orange, State of California, as Per Map Recorded in Book 63, Page 15 of Parcel Maps, in the Office of the County Rec order of said County, which portion is delineated on a Map Marked Exhibit “1” attached to that certain instrument entitled “Termination of Reservation of Join Access and Reciprocal Easement Agreement and Replacement Easement Agreement” recorded April 22, 2 002, as Intrustment No. 20020334465 Official Records of said Orange County, California.
5429976.1
The Property conveyed hereby is subject to (i) non-delinquent general and special real property taxes; (ii) matters of record; and (iii) all matters that would be dis closed or apparent by a survey and/or inspection of the Property.
Dated: ___________________
By:
Name:
Title:
5429976.1
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of ______________________ )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
5429976.1
CERTIFICATE OF ACCEPTANCE
GRANT DEED
This is to certify that the interest in real property conveyed by the Grant Deed dated _______________, from DYER 19 LLC, a Delaware limited liability company, to the City of Fullerton, a municipal corporation, is hereby accepted by the undersigned City Manager on behalf of the City Council of the City of Fullerton pursuant to authority conferred by Resolution No. 2023-__ of the City of Fullerton adopted on July 18, 2023, and the City consents to recordation thereof by its duly authorized officer.