RES-10443 Public Acquisition of PropertyRESOLUTION NO. 10443
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 350-352 S. MAIN 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,
anc±control and dispose of it for the common benefit;
and WHEREAS, Charles Cottingham and Patricia Cottingham, Trustees of the
the Cottingham Family Revocable Trust, 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-C" to the City of 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 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:1. 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--
way of record, for the sum of Two Hundred Eighty-Six Thousand Six
Hundred Forty-Seven Dollars ($286,647)and related escrow costs, through escrow in accordance with
the
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 13th day of April, 2010.
v
Mayor,'~City of Orange
ATTEST:
MaryE.
M ity Clerk, Cit of Orange I, MARY
E. MURPHY, City Clerk of the City of Orange, California, do hereby certify 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 13th day of April, 2010, by the following vote:
AYES:COUNCILMEMBERS:
Smith, Cavecche, Dumitru, Bioldeau NOES:COUNCILMEMBERS:
None ABSENT:COUNCILMEMBERS:
Murphy ABSTAIN:COUNCILMEMBERS:
None Mary E.
lit ~r ,City Clerk, City o Orange 2