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RES-9410 Acquisition of Real Property 1201 W La Veta AveRESOLUTION NO. 9410 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE DECLARING THE PUBLIC INTEREST AND NECESSITY OF ACQUIRING CERTAIN REAL PROPERTY LOCATED AT 1201 WEST LA VETA AVENUE AND AUTHORIZING THE ACQUISITION THEREOF.Owner of Record: PRG Investment Equities,A California Limited Partnership THE CITY COUNCIL OF THE CITY OF ORANGE 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 unless a lesser estate is described, along with a portion to be taken for a temporary construction easement.3. The Property is to be taken for a public use, namely for the widening of La Veta Avenue.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 Sections 37350.5 and 40404. 5. The Property is located at 1201 West La Veta Avenue, as is more particularly described in the attached Exhibits "A" and "B" and the attached temporary construction easement, all of which are attached hereto and incorporated herein by this reference.6. An Environmental Impact Report for the La Veta Avenue widening was prepared and adopted in 1992 and there no conditions, changes in the project or new information that would require any further environmental review prior to condemning the Property.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 is necessary for the proposed project; and 4. That an offer has been made to the owner of record of the Property pursuant to California Government Code Section 7267.2. 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 27th day of February, 2001. ATTEST: Cassandra J. Cathc , ity Clerk of the City of Orange I 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 27th day of February, 2001, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: SLATER, ALVAREZ, MAYOR MURPHY, COONTZ COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE j""""..,<< ~1dOp/-"....~City Clerk ofth ty of Orange Reso No. 9410 2 dad EXHIBIT A PROJECT: La Veta Avenue Wic:l""';11g City of Orange ASSESSOR PARCEL NO.: '390- 682- 03 lHAT CERTAIN REAL PROPERTY snuATED IN TIm CITY OF ORANGE,COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS:lHAT PORTION OF PARCEL 3, AS SHOWN ON A MAP FILED IN BOOK 77,PAGES 29 AND 30 OF PARCEL MAPS, IN TIm omCE OF TIlE COUNTY RECORDER OF SAID ORANGE COUNfY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:BEGINNING AT TIm SOUllIWEST CORNER OF SAID PARCEL 3; THENCE,ALONG TIlE WEST LINE OF SAID PARCEL 3, NORm00"S1'32" EAST 4.00 FEET TO A LINE PARAIJ..EL WIlH AND DISTANTNOR.1HBRLY 4.00' MBASURED AT RIGHT ANGLES FROM NOR.1HBRLY UNB OF LA. VETA AVENUE AS SAID NORm LINE AS SHOWN ON SAID MAP; 1BBNCB, .ALONG SAIP.. PARALLEL LINE SOUIll89"07"0S" EAST142.94 FEET; 1BBNCE. NORm 45058'29" BAST30.82 FEET TO 1BE EAST LINE OF SAID PARCEL 3 ALSO BEING mE W~l:HKLY LINE OF PEPPER STRF.BT; lBENCE. ALONG SAID EAST LINE,SOUIll00"57"47" WEST 7.76 FBBT TO mE MOST BASTElU.Y SOUlHBAST CORNER OF ~ PARCEL 3; THBNCE. ALONG mESOUl'BEASTERLY LINE OF SAID PARCEL 3, SOUfH 45"55'21" WEST 25.47 FEET TO 1BE MOST SOtJTHERLY SOumBAST CORNER. OF SAID PARCEL 3 AND SAID NORm LINE OF LA. VETA AVENUE; 1BENCE. ALONG.mE SOUlH LINE OF SAID PARCEL 3, NORm 89"07"05" WEST 146.73 FBBT TO mE POINT OF BEGlNNlNG.CONTAlNING AN AREA OF 734.10 SQUARE FEET, MORE OR LESS. t)~~ROBERTMBRRELL, R.c.B. C028100 EXHIBIT B CITY OF ORANGE DEP. ARlMBNT OF POBUC WORKS ORANGE COUNlY, CAUFORNJA 6.. C1O' EA5EH!NT TO samERN CAL EDISON PER qt152-612 OR PARCEL MAP 77/ 29-30 PARCEL !!J s 891)7'05" E 142.94' N 89T11'afJ W' 146.73' POINT OF BI5SIIHNt5 LA YSTA AVIENUS i! i oS S fii! I WJRK ~ ~/"'.. I ~-t:JF-HAy N 4558'29"30. 82'118' t- m I ........ I ~~ I:l7ft In SoaSr4 W ~25. 47' I 0.:S < t5'55'21" W '\ll N 89'0t05" W H A~ a ~ P. No. !JtIO-6IJ2- 03 SP. No. ~JW lRACT No. NA LOCA1ION nnI U. \lETA AYE flH CDRIER U. \lETA ~ I ~ . l: AJ ernNG PRJS INIIE5TMENTFr./lII' I1F4LP....>...', .". .J ~....... .;... ...._ _________ ._.M~~'~....,:,'~.~.nr~__~__ft&9r n&1"r ,'" . ".',"" rIIr'BOOK~