R-056-15 Sale of certain real property and declaring its intent to sell such property - APN 0161-221-03-0000

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I RESOLUTION NO. R-56-15 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 COLTON FINDING THAT THE PUBLIC INTEREST AND CONVENIENCE REQUIRE THE SALE OF CERTAIN REAL 4 PROPERTY AND DECLARING ITS INTENT TO SELL SUCH PROPERTY 5 6 WHEREAS, the City of Colton ("City") currently owns in fee that certain real property generally located at the northwest corner of Colton Avenue and Mt. Vernon 7 Avenue in the City (APN 0161-221-03-0000) and legally described in Exhibit "A" attached g to this resolution and incorporated by reference herein (the "Property"), and; 9 WHEREAS, the City desires to sell the Property by entering into a Disposition 10 and Development Agreement ("DDA") with Evergreen Development Company, Inc., a California corporation ("Developer"), to, among other things, convey the Property to 11 Developer to develop the Property as a grocery and dry good store and one (1) additional 12 retail building or restaurant for purposes of economic development, and; 13 WHEREAS, California Government Code Sections 37420 through 37430 14 authorize the City to dispose of property, and; 15 WHEREAS, California Government Code Section 37421 provides that when the 16 legislative body of a city finds that the public interest and convenience require the sale of public buildings and sites dedicated to public use, it may adopt a resolution of its finding 17 and intention to sell such property, and; 18 WHEREAS, California Government Code Section 37422 provides that such 19 resolution shall fix a time for hearing protests to the property conveyance, provide for 20 publication of notice of the hearing, fix the time when the City will take final action regarding the property conveyance; and contain an accurate description of the property to 21 be conveyed, and; 22 WHEREAS pursuant to Government Code section 65402, the proposed 23 disposition of the Property shall be presented to the City's Planning Commission ("Planning Commission"), and such disposition shall be contingent on a finding by the Planning 24 Commission that the conveyance of the Property from City to Developer is in conformance 25 with the City's general plan, and; 26 WHEREAS, the City wishes to declare its intent to dispose of and convey the 27 Property pursuant to the terms of a DDA, fix a time for the hearing of any protests to the disposition, provide for publication of the notice of said hearing, and fix the time for final 28 action on the disposition of the Property and approval of a DDA.