RES-10494 Temporary Construction EasementRESOLUTION NO. 10494
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE DECLARING THE PUBLIC
INTEREST AND NECESSITY OF ACQUIRING A
TEMPORARY CONSTRUCTION EASEMENT AT
PROPERTY LOCATED AT 230-280 S.
MAIN 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 for
a temporary
construction easement.3. At its May 11, 2010 City Council meeting, the City Council authorized
acquisition of certain property located at 230-280 S. Main Street in fee simple and
for a temporary construction easement. The map depicting the temporary
construction easement was inadvertently not attached to Resolution No. 10446 which authorized
this acquisition and by this Resolution, the City Council seeks to correct
that clerical error.4. The Property is to be acquired pursuant to the authority conferred upon
the City of Orange to acquire property for public street 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
description and map attached as Exhibits
C 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 temporary construction easement 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
3. That the temporary construction easement to be acquired is necessary in order to
construct the improvements and to lessen the impact on traffic during the construction
period.
4. That an offer has been made to the owner of record of the Property pursuant to California
Government Code Section 7267.2.
5. 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 13`h day of July, 2010.
lyn V~C~ave~che, Mayor, City of Orange
ATTEST:
Mary ,City Clerk, Cit range
2
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 13` day of July, 2010, by the
following vote:
AYES:COUNCIL MEMBERS:
NOES:COUNCIL MEMBERS:
ABSENT:COUNCIL MEMBERS:
ABSTAIN:COUNCIL MEMBERS:
Murphy, Cavecche, Dumitru, Bilodeau
None
Smith
None
Mary E. City Clerk, Ci of Orange