RES-10542 Public Interest of Acquiring Certain Real PropertyRESOLUTION NO. 10542
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE DECLARING THE PUBLIC
INTEREST AND NECESSITY OF ACQUIRING
CERTAIN REAL PROPERTY INTEREST LOCATED
ON THE NORTH SIDE OF SANTIAGO CANYON
ROAD BETWEEN SANTIAGO BOULEVARD AND
CANNON STREET AND AUTHORIZING THE
ACQUISITION THEREOF.
THE CITY COUNCIL OF THE CITY OF ORANGE AFTER NOTICED
HEARING AND BASED ON THE EVIDENCE SUBMITTED AT SUCH HEARING
DOES, BY A VOTE OF AT LEAST TWO - THIRDS OF ITS MEMBERS, HEREBY
FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS:
1. The City of Orange is a municipal corporation located in the County of Orange, State of
California.
2. The property hereinafter described (the "Property ") is to be taken in fee simple and for a
temporary construction easement.
3. The Property is to be taken for a public use, namely for the construction of a portion of
the Santiago Creek Bike Trail North to separate bicycles from roadway traffic to promote
greater use of bicycles and traffic safety, as is more particularly described in Mitigated
Negative Declaration No. Env. 1819 -09 for the Santiago Creek Bike Trail North Project
hereafter, the "Project "), which was previously approved by the City Council, as well as
the staff report accompanying this Resolution.
4. The Property is to be acquired pursuant to the authority conferred upon the City of
Orange to acquire property for bike trail purposes by eminent domain by California Code
of Civil Procedure Section 1230.010 et seq. and California Government Code Section
37350.5.
5. The Property to be taken is more particularly described in the legal descriptions and maps
attached as Exhibits "Al ", 46 A2 " 66 111 " "132 "C1", "C2" and "D ".
THE CITY COUNCIL OF THE CITY OF ORANGE FURTHER FINDS AND
DETERMINES AS FOLLOWS:
1. That the public interest and necessity require the acquisition of the Property for the
proposed Project.
2. That the proposed Project is planned and located in the manner that will be most
compatible with the greatest public good and the least private injury.
3. That the Property to be acquired is necessary for the proposed project.
4. That an offer has been made to the owner of record of the Property pursuant to California
Government Code Section 7267.2.
That notice of the hearing has been provided in accordance with Code of Civil Procedure
Section 1245.235.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ORANGE AS FOLLOWS:
1. The City Attorney and/or his designee is hereby authorized and directed to take all steps
necessary to institute and prosecute proceedings in a court of competent jurisdiction to
acquire the Property by eminent domain and to make application to the court for an Order
of Possession before judgment.
2. The Director of Finance is hereby authorized and directed to draw such warrants as may
be required by the Superior Court for deposit with the State Treasury for probable
compensation in accordance with California Code of Civil Procedure Section 1255.010.
ADOPTED this 22 day of March, 2011.
V. '*ec9 ie, Mayor, pity of Orange
ATTEST:
Mary E iu y, City Clerk, i 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 22 day of March, 2011, by the
following vote:
AYES:COUNCIL MEMBERS:Whitaker, Smith, Cavecche, Dumitru, Bilodeau
NOES:COUNCIL MEMBERS:None
ABSENT:COUNCIL MEMBERS:None
ABSTAIN:COUNCIL MEMBERS:None
Mary y, City Clerk, Cit ange
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