RES-10439 Public Acquisition of PropertyRESOLUTION NO. 10439
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 1710 EAST CHAPMAN AVENUE
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, Bank of the West as Successor Trustee to Sanwa Bank California,
Successor Trustee of the Trust Established February 3, 1969, by Roscoe G. Hewitt and Clara
De. Hewitt, Trustors, 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 Two Million One Hundred Fifty Thousand Dollars ($2,150,000.00)
and related escrow costs, through escrow in accordance with the terms and provisions of
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 9th day of March, 2010.
ATTEST:
d
iifiary E. ,City Clerk,, ~ nge
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 9th 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. ~ City Cler
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