RES-ORA-0528 Acqusition of Improved Parcel of Real PropertyRESOLUTION NO. ORA -0528
A RESOLUTION OF THE ORANGE
REDEVELOPMENT AGENCY APPROVING THE
ACQUISITION FOR REDEVELOPMENT
PURPOSES OF AN IMPROVED PARCEL OF REAL
PROPERTY COMMONLY KNOWN AS 123 AND
129 N. CYPRESS STREET IN THE CITY OF
ORANGE FROM DONALD DELANO, TRUSTEE
OF THE GEORGIA MARIE PISKULE 1996
REVOCABLE TRUST, UNDER INSTRUMENT
DATED JUNE 18, 1996.
WHEREAS, the Orange Redevelopment Agency ( "Agency ") has been duly created,
established and authorized to transact business and exercise its powers under and pursuant to
the California Community Redevelopment Law (commencing with Section 33000 of the
California Health and Safety Code and hereinafter referred to as the "Redevelopment Law "),
including, among other powers, the authority granted to it by Section 33391 of the
Redevelopment Law to acquire real property for redevelopment purposes; and
WHEREAS, Donald Delano, Trustee of the Georgia Marie Piskule 1996 Revocable
Trust, under Instrument Dated June 18, 1996 (herein referred to as the "Seller "), is the owner
of a 14,520 square foot (approximate) parcel of real property commonly known as 123 and 129
N. Cypress Street, which is improved with three (3) industrial buildings having an aggregate
gross building area of 8,098 square feet (approximate) (herein referred to as the "Property").
The Property is more particularly described on Exhibit A, attached hereto and incorporated
herein by this reference; and
WHEREAS, the Property is located within the boundaries of the Orange Merged and
Amended Redevelopment Project Area (the "Redevelopment Project Area "), which
Redevelopment Project Area was duly established by the City Council of the City of Orange on
November 27, 2001 by Ordinance No. 21 -01, pursuant to the Redevelopment Law; and
WHEREAS, Section 33391 of the Redevelopment Law authorizes the Agency to
acquire for purposes of redevelopment any real or personal property; and
WHEREAS, the Seller desires, and is willing, to sell the Property to the Agency; and
WHEREAS, the Property has been appraised as having a fair market value of One
Million Twenty -five Thousand and No /100 Dollars ($1,025,000.00); and
WHEREAS, the Agency proposes to acquire the Property for the sum of One Million
One Hundred Thousand and No /100 Dollars ($1,100,000.00) pursuant to the terms and
provisions of a Purchase and Sale Agreement and Joint Escrow Instructions (herein referred
to as the "Agreement ") in the form presented at this meeting and under the authority granted
to it by Section 33391 of the Redevelopment Law; and
WHEREAS, as the "lead agency" under the California Environmental Quality Act
CEQA "), the acquisition of the Property by the Agency pursuant to the Agreement is exempt
from the provisions of CEQA under Section 15061(b)(3) of the State CEQA Guidelines because
it can be seen with certainty that there is no possibility that the acquisition of the Property may
have a significant effect on the environment; and
WHEREAS, the Board of Directors of the Agency has duly considered all of the terms
and conditions of the Agreement, as set forth in the agenda report presented to it and any
testimony received at the meeting at which this matter was considered, and believes that the
acquisition of the Property 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, and that such activities promote the objectives of the
Redevelopment Law as well as the Redevelopment Plan for the Redevelopment Project Area.
NOW, THEREFORE, the Board of Directors of the Orange Redevelopment Agency
resolves, on the basis of the facts set forth in the agenda report presented to it and any
testimony received at the meeting at which this matter was considered, as follows:
Section 1. The foregoing recitals are true and correct.
Section 2. The acquisition by the Agency from the Seller for redevelopment
purposes of the fee simple estate in and to the Property, subject to easements, covenants,
rights and rights -of -way of record, for the sum of One Million One Hundred Thousand and
No /100 Dollars ($1,100,000.00), in cash, through escrow in accordance with the terms and
provisions of the Agreement, is hereby approved.
Section 3. The terms and provisions of the Agreement between the Agency and
Seller with respect to the acquisition of the Property in the form as submitted by the
Executive Director and executed by Seller are approved and all actions previously taken by
such officers and employees in connection with the Agreement are ratified and approved.
Section 4. The Chairman is hereby authorized and directed to execute, and the
Agency Clerk is hereby authorized and directed to attest, the Agreement on behalf of the
Agency, including the acceptance in the name and on behalf of the Agency of a grant deed
conveying to this Agency the above - described interest in the Property.
Section 5. Except as otherwise provided hereinabove, the Executive Director of
the Agency is hereby authorized and directed to do any and all things to execute and deliver
any and all escrow instructions and documents, which in consultation with the Agency's
General Counsel, he may deem necessary or advisable in order to carry out and implement
the Agreement and otherwise effectuate the purposes of this Resolution and to administer the
Agency's obligations, responsibilities and duties to be performed under the Agreement.
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ADOPTED this 8th day of February, 2011.
ATTEST:
Mary E, rp , Agenc rk
I hereby certify that the foregoing Resolution was duly and regularly adopted by the
Orange Redevelopment Agency at a regular meeting thereof held on the 8th day of February,
2011, by the following vote:
AYES: DIRECTORS: Whitaker, Smith, Cavecche, Dumitru, Bilodeau
NOES: DIRECTORS: None
ABSENT: DIRECTORS: None
ABSTAIN: DIRECTORS: None
Mary y, Agency Clerk