RES-10451 Public Acquisition of Certain Real PropertyRESOLUTION NO. 10451
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE DECLARING THE PUBLIC
INTEREST AND NECESSITY OF ACQUIRING
CERTAIN REAL PROPERTY LOCATED AT 388 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 in fee simple and for
a temporary construction
easement.3. The Property is to be taken for a public use, namely for street improvements and
the construction of street improvements to alleviate traffic delays and improve traffic flow
on Main Street generally between La Veta Avenue and Chapman Avenue, as is
more particularly described in Mitigated Negative Declaration No. Env. 1813-09 for
the Main Street Widening Project (hereafter, the Project) previously approved and adopted
by the City Council and 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 public street purposes by eminent domain
by California Code of Civil Procedure Section 1230.010 et seq. and California
CTovernment Cod:Section
37350.5.5. The Property to be taken is more particularly described in the legal
descriptior_ attached as Exhibits A and C and the map attached as
Exhibit B.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
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 27t" day of April, 2010.
C rolyn V. vec he, Mayor, C y of Orange
AT'' EST:
Mary E. ,City Cher-1 , 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 adopted by the City Council
of the City of Orange at a regular meeting thereof held on the 27t" day of April, 2010, by
the following
vote:AYES: COUNCIL MEMBERS: Smith, Murphy, Cavecche, Dumitru,
Bilodeau NOES: COUNCIL MEMBERS:
None ABSENT: COUNCIL MEMBERS:
None ABSTAIN: COUNCIL MEMBERS: