RES-10440 Public Acquisition of PropertyRESOLUTION NO. 10440
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 202 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, and
control and dispose of it for the common benefit; and
WHEREAS, Paul Pierre Ross and Roswitha Heide Gertrud Rossi, Tnistees of the P.
R. Rossi Family Trust and Joseph J. Vieillemaringe and Olga B. Vieillemaringe, Co-
Trustees and Successor Trustees of the Vieillemaringe Family 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 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 as
Exhibit B (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 Sixty-Six Thousand Seven HundredTwenty-Three Dollars ($
66,723.00) 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 23rd
day of March, 2010.lyn V. av che,
Mayor,
City of Orange
ATTEST.City Clerk, 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 23rd day of
March, 2010,
by the following vote:AYES:COUNCILMEMBERS:Smith,
Murphy, Cavecche, Dumitru,
Bilodeau NOES:COUNCILMEMBERS:
None ABSENT:COUNCILMEMBERS:
None ABSTAIN:COUNCILMEMBERS:None Mary E u ,
City