RESOLUTION NO. R-2023-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA, APPROVING A PURCHASE AND
SALE AGREEMENT WITH NEDRA CROCKER FOR REAL
PROPERTY LOCATED AT 207 WEST CHAPMAN AVENUE
AND APPROVING A CERTIFICATE OF ACCEPTANCE AND
FINDING THAT THE ACQUISITION OF SAID PROPERTY IS
NOT A PROJECT FOR THE PURPOSES OF CEQA AS
DEFINED BY THE CALIFORNIA PUBLIC RESOURCES CODE
SECTIONS 21065 AND 21080 AND 14 CCR 15378(a) AND 14
CCR 15004(b)(2)(A)
A. Recitals.
(i) The property located at 207 West Chapman Avenue (APN: 339-033-21) (the "Property") is a privately -owned property located on the northerly side of Chapman Avenue, beginning 50 feet westerly of Main Street in the City of Placentia. (ii) The Property suffered extensive fire damage on November 16, 2022. (iii) The Property was appraised on January 30, 2023 as an effectively vacant land parcel, and the existing building represents a detriment to the underlying land value, due to costs associated with clearing the site (demolition, hauling, dump fees, etc.) and after considering the various factors which influence value, the fair market value of the fee simple interest of the Property is $900,000.
(iv) The Property Owner, Nedra M. Croker, has agreed to sell the property to the City for $900,000.
(v) The City and Property Owner have negotiated and prepared a Purchase and Sale Agreement for the City's purchase of the property in the amount of $916,500 which includes the purchase price and half of the cost for the broker escrow and title fees associated with the land transaction.
(vi) All other legal prerequisites to the adoption of this resolution have occurred.
B. Resolution.
NOW, THEREFORE, the City Council of the City of Placentia hereby finds, determines and resolves as follows:
Section 1. The City Council finds that the acquisition of this property is not a "project" subject to CEQA under 14 CCR 15378(a) because approval of the Agreement has no potential to result in a direct or reasonably foreseeable indirect physical change in the environment because the purchase will result only in a change of property ownership, with no reasonably foreseeable changes to the Property Additionally, 14 CCR 15004(b)(2)(A) provides that the City may designate a preferred site for CEQA review Resolution R-2023-18
and may enter into land acquisition agreements when the agency has conditioned the agency's future use of the site on CEQA compliance. The City's purchase of this property is hereby conditioned upon compliance with CEQA prior to development of the property as authorized by 14 CCR 15004(b)(2)(A).
Section 2. The City Council approves the Purchase and Sale Agreement for the City's acquisition of the property at 207 W. Chapman Avenue, Placentia substantially in the form presented to the City Council and a Certificate of Acceptance as required by Government Code Section 27281.
Section 3. Pursuant to the Purchase and Sale Agreement, the City shall pay to the owner of the property at 207 W. Chapman Avenue, Placentia the purchase price of $900,000.
Section 4. The City Administrator is authorized and directed both to execute and deliver the Purchase and Sale Agreement, the Certificate of Acceptance, any standard form escrow instructions, and such other documents, and to take all other actions, as are necessary to perform the Purchase and Sale Agreement for the City's purchase of the property.
PASSED, APPROVED AND ADOPTED this 4th day of April 2023.
Ward L. Smith, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
Resolution R-2023-18
I, Robert McKinnell, City Clerk of the City of Placentia, do herby certify that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Placentia, held on the 4th day of April 2023 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAINED: Councilmembers:
ATTEST:
Robert McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Resolution R-2023-18