RES-10447 Public Acquisition of PropertyRESOLUTION NO. 10447
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE FINDING AND DETERMINING
THAT THE PUBLIC INTEREST, CONVENIENCE
AND NECESSITY REQUIRE THE ACQUISITION
FOR PUBLIC PURPOSES OF PROPERTY
LOCATED AT 2114 AND 2138 N. TUSTIN STREET
AND AUTHORIZING THE EXECUTION OF
ESCROW INSTRUCTIONS THEREFORE.
WHEREAS, the City of Orange (the City) is a municipal corporation which exercises
governmental functions and powers and is organized and existing under the laws of the State of
California; and
WHEREAS, Section 37350 of the Government Code of the State of California
authorizes a city to purchase, lease, receive, hold, and enjoy real and personal property, and
control and dispose of it for the common benefit; and
WHEREAS, Ethel L. Hight and Steven R. Hight, co-trustees of the Ella M..
Hight Revocable Trust Dated December 23, 1998; Ethel L. Hight; Thomas George Hight;
Patricia Louise Jorboe; Susan Jane Rogers; Steven Robert Hight; Michael Alan Hight; and Ella
M.Hight, all as their interests appear of record (Seller), is the current owner of that certain
real property located in the City of Orange, County of Orange, State of California, and
legally described on Exhibit A-D to the Cityof Orange's offer letter which is attached
hereto and incorporated herein by this reference (the
Property); and WHEREAS, Seller desires to sell and the City desires to purchase the Property
in the amountof $95,816 in accordance with the terms and provisions of the City of
Orange offer letter attached hereto (the
Agreement); and WHEREAS, the City Council has duly considered all of the terms and conditions
of the Agreement, in the form presented, together with any testimony received by the
City Council,and believes that the acquisition of the Property from Seller is in the best interests of
the City and the health, safety, morals and welfare of its residents, and in accord with the
public purposes and provisions of applicable State and local
law requirements.NOW, THEREFORE, the City Council of the City of Orange resolves, on
the basis of the facts set forth in the agenda report and any testimony received
as follows:The foregoing recitals are true
and correct.2. The public interest, convenience and necessity require, and the
City Council hereby orders, the acquisition by the City from Seller for public purposes of the
fee simple estate in the Property, subject to easements, covenants, rights and rights-of--
the sum of Ninety-Five Thousand Eight Hundred Sixteen Dollars ($95,816) and
related escrow costs, through escrow in accordance with the terms and provisions of the
Agreement.3. The City Council finds and determines that the terms and provisions of
the Agreement between the City and Seller with respect to the acquisition of the Property
are approved and that the Mayor is authorized to execute all escrow and related documents
to effectuate the sale on behalf of the
City.ADOPTED this 27t" day of April,
2010.
ATTEST:C._
Mary E. M ,City Cl~x , rty range
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
cer'cify that the foregoing Resolution was duly and regularly adopted by the City Council of
the City of Orange at a regular meeting thereof held on the 27t" day of April, 2010, by the
following vote:
AYES:COUNCILMEMBERS:Smith, Murphy, Cavecche, Dumitru, Bilodeau
NOES:COUNCILMEMBERS:None
ABSENT:COUNCILMEMBERS:None
ABSTAIN:COUNCILMEMBERS:None
Mary E ty Clerk, City
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