RES-10104 Acquiring Remnant Portion of Real Property Adjacent to Santiago CreekRESOLUTION NO. 10104
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE FINDING AND DETERMINING
THAT THE PUBLIC INTEREST IS SERVED IN
ACQUIRING A REMNANT PORTION OF REAL
PROPERTY ADJACENT TO SANTIAGO CREEK IN
THE CITY OF ORANGE FROM THE STATE OF
CALIFORNIA AND APPROVING THE TERMS AND
CONDITIONS AND AUTHORIZING THE
EXECUTION OF A PURCHASE AND SALE
AGREEMENT.
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, the State of California (State), is the current owner of that certain real
property located in the City of Orange, County of Orange, State of California, as is shown on
the map attached hereto as Exhibit A (the Property); and
WHEREAS, the State desires to sell, and the City desires to purchase, the Property in
accordance with the terms and provisions of an Agreement of Purchase and Sale (Agreement)
in the form presented to the City Council; and
WHEREAS, the City is purchasing the Property for potential use as part of a future
recreational trail that is currently under study; and
WHEREAS, the proposed recreational trail is currently being reviewed in compliance
with the California Environmental Quality Act; and
WHEREAS, the City Council has duly considered all of the terms and conditions of the
Agreement in the form presented to it.
NOW, THEREFORE, the City Council of the City of Orange resolves as follows:
1. The foregoing recitals are true and correct.
2. The purchase of the Property is in the best interests of the public.
3. The potential use of the Property as a recreational trail is currently undergoing an
environmental review under CEQA, but such purchase does not in any way suggest the City
Council's future decisions on the recreational trail.
4. The City Manager is hereby authorized and directed to execute the Agreement
on behalf of the City and any other documents necessary and appropriate to carry out and
implement the Agreement.
ADOPTED this 25th day of July, 2006.
IA ~ t ;;J1t
of OrangeMarkA. Murphy, Mayor
ATTEST:
Z[~. ~
Mary E. urp , City Clerk, C range
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 25th day of July, 2006, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
Z{~
Mary E. rp, City Cle ,. f Orange
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