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RES-10059 Acquisition of Real Property West Side of Lewis StreetRESOLUTION NO. 10059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE DECLARING THE PUBLIC INTEREST AND NECESSITY OF ACQUIRING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF LEWIS STREET, APPROXIMATELY 253 FEET SOUTH OF LAMPSON AND AUTHORIZING THE ACQUISITION THEREOF. Owner of Record: Farrow Lewis, Inc. THE CITY COUNCIL OF THE CITY OF ORANGE AFTER NOTICED HEARING AND BASED ON THE EVIDENCE SUBMITTED AT SUCH HEARING DOES 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 to eliminate blight and potential future City liability and to combine two parcels which standing alone cannot be developed. 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 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: I. That the public interest and necessity require the acquisition of the Property for the proposed proj eel. 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 is necessary for the proposed proj eel. 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 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. 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 14th day of February, 2006. f OrangeMurphy, Mayor, ATTEST: Mi~~i!:~~~~' 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 14th day of February, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: Smith, Ambriz, Murphy, Cavecche, Dumitru COUNCIL MEMBERS: None COUNCIL MEMBERS: None COUNCIL MEMBERS: None t{~ 2