RES-10424 Public Acquisition For Certain Real PropertyRESOLUTION NO. 10424
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE DECLARING THE PUBLIC INTEREST
AND NECESSITY OF ACQUIRING CERTAIN REAL
PROPERTY LOCATED AT 114 SOUTH TUSTIN 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.3. The Property is to be taken for a public use, namely for street improvements to
alleviate traffic congestion at the intersection of Tustin Street and Chapman Avenue, as is
more particularly described in the document entitled, "Street Improvement Plans for Tustin
Street and Chapman Avenue Phase 2: South of Centerline of Chapman Avenue" (hereafter,
the Project) 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 Government Code Section37350.
5.5. The Property to be taken is more particularly described in the legal description attached
as Exhibit A 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 proposed
project.4. That an offer has been made to the owner of record of the Property pursuant to
California Government Code Section 7267.
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 26~" day of January, 2010.
U/~-yn
V./Ca~ecch%Mayor, City of ATTEST:
Mary
E. rp City Clerk, City o O ge 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 26th day of January, 2010, by the following vote:AYES:
COUNCIL MEMBERS:Smith, Murphy, Cavecche, Bilodeau NOES:
COUNCIL MEMBERS:Dumitru ABSENT:
COUNCIL MEMBERS:None ABSTAIN:
COUNCIL MEMBERS:None Mary
y, City Clerk, Ci Orange 2