RES-10493 Escrow Execution AuthorizationRESOLUTION NO. 10493
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 353 SOUTH MAIN STREET AND 331
SOUTH 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, St. Joseph Hospital of Orange, a California nonprofit Public Benefit
Corporation, as its 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 and shown on the maps attached as Exhibits "A, B, C and D" to the City of
Orange's offer letter which is attached hereto as Attachment 1 and incorporated herein by
this reference (the Offer Letter); and
WHEREAS, Seller desires to sell and the City desires to purchase the Property in
accordance with the terms and provisions of the Offer Letter; and
WHEREAS, the City Council has duly considered all of the terms and conditions of the
Offer Letter, 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 Seventy-Two Thousand Nine Hundred Eighty-One Dollars ($
72,981) and related escrow costs, through escrow in accordance with the terms and provisions
of the Offer Letter.3. The City Council finds and determines that the terms
and provisions of the Offer Letter 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 July, 2010 V. a~ ecch~; Mayor,
City
of Orange ATTEST:Mary E. City Clerk,
Ci 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 ado~ted by the
City Council of the City of Orange at a regular meeting thereof held on the 13t day of July,
2010, by
the following vote:AYES:COUNCIL MEMBERS:Murphy,
Cavecche, Dumitru, Bilodeau NOES:
COUNCIL MEMBERS:None ABSENT:
COUNCIL MEMBERS:Smith ABSTAIN:
COUNCIL MEMBERS:None Mary El}y, City Clerk,