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RES-10445 Public Acqusition of PropertyRESOLUTION NO. 10445 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 185 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, Helen V. Miles, Trustee of various Miles Family trusts, 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 Exhibits "A- C"attached to the City of Orange's offer letter which is 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 ( 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 Seventy-Seven Thousand Five Hundred Thirty-Seven Dollars ($77,537) and related escrow costs, through escrow in accordance with the terms 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 13th day of April, 2010. of Orange ATTEST: 1 Mary E u h ,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 13th day of April, 2010, by the following vote: AYES:COUNCILMEMBERS:Smith, Cavecche, Dumitru, Bilodeau NOES:COUNCILMEMBERS:None ABSENT:COUNCILMEMBERS:Murphy ABSTAIN:COUNCILMEMBERS:None Mary Ei ,City Clerk, City ~6f Orange 2