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RES-9411 Acquisition of Real Property 1120 W La Veta AvenueRESOLUTION NO. 9411 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE DECLARING THE PUBLIC INTEREST AND NECESSITY OF ACQUIRING CERTAIN REAL PROPERTY LOCATED AT 1120 WEST LA VETA AVENUE AND AUTHORIZING THE ACQUISITION THEREOF. Owner of Record: CRC Real Estate and Business Corporation, A California Corporation 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 Califomia Code of Civil Procedure Section 1230.010 et seq. and California Government Code Sections 37350.5 and 40404. 5. The Property is located at 1120 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 are no conditions, changes or 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: A~~f~ Cassandra J. Calli , City Clerk of the City of Orange I hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council ofthe 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: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: SLATER, ALVAREZ, MAYOR MURPHY, COONTZ NONE NONE NONE r1~Cassandra J. Cathcart, Ity Clerk of the City of Orange Reso No. 9411 2 dad EXHIBIT A PROJECT: La Veta Avenue Widening - City of Orange ASSESSOR PARCEL NO.: 390-711- 02 THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF ORANGE COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS:THAT PORTION OF PARCEL 1 OF PARCEL MAP 84-768, AS SHOWN ON A MAP FILED IN BOOK 203, PAGES 38 AND 39 OF PARCEL MAPS IN THE OFFICEOF 1.'ftf C~HWfY RECp@ER OF SAID ORANGE COUNTY AND TIIAT PORTION Of SECTION 31, toWNSHIP 4 SOUTIl, RANGE 9 WEST IN THE LAND ALLOTIED TO ABEL STEARNS IN DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA AS RECORDED IN BOOK 'B' OF JUDGEMENTS OF THE 17TIl JUDICIAL DISTRICT COURT OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 1; lHENCE,ALONG THE NORTHERLY LINE OF SAID PARCEL, NORm 89007' 05" WEST 184.46 FEET TO THE WESTERLY CORNER OF THAT EASTERLY PARCEL OF LAND DESCRIBED IN A DEED TO THE CITY ORANGE, RECORDED JULY II,1984 AS INSTRUMENT NO. 84-285981 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY AND THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTIlWESTERL Y AND HAVING A RADIUS OF 50.00 FEET; lHENCE, TIIROUGH A CENTRAL ANGLE OF 25009'13" ALONG SAID CURVE, SOUIlJEASTERL Y 21.95 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 66.00 FEET; A RADIAL TIIROUGH THE BEGINNING OF SAID REVERSE CURVE BEARS NORm 26002'07" EAST; lHENCE, TIIROUGH A CENTRAL ANGLE OF 25009'13" ALONG SAID CURVE, SOUTIIEASTERL Y 28.97 FEET TO A LINE PARALLEL WTIH AND DISTANT SOUIHERLY 11.00 FEET MEASURED AT RIGHT ANGLES FROM SAID NORTHERLY LINE OF PARCEL 1;lHENCE, ALONG SAID PARALLEL LINE SOurn: 89007'05" EAST 26.95 FEET;lHENCE, SOUTIl87016'14"EAST 108.22 FEET TO EAST LINE OF SAID PARCEL 1; lHENCE, ALONG SAID EAST LINE, NORm 0l002'49"EAST 14. 49 FEET TO THE POINT OF BEGINNING.CONTAINING AN AREAOF 1,959.39 SQUARE FEET, MORE OR LESS.cf~ROBERTMERRELL, R. N 89"07'05: W 1\ I I 10 ICO PO/ NT OF ElE6/NN/NG I I XH CITY OF ORANGE DEPARlMENT OF PUBliC WORKS ORANGE roUNIY, CAIlR)RNIA I~W If wo.: 4~ r t$ fA ' VETA !' VENUE 256.55'EASEMENT A/. RfAl7Y CONVEYED TO C/7Y OR. lJ4--2/!I5' l/J/)oco184. 46' N 89W'05. W S 8716'14" E 26.95'S 89" 07'05. E PARCELi P.M. B4~76B 203/38~39 c li:c ClH/ VE DATA DB.. TA RADIUS lENGlH 25'09 13 . 50. 0021.95 25'09 13 66. 0028.9 N:TANGENT 11.16 14. 72 aJRVEC1 C2 Ii: a WORK OESallPllaf S',., n' RI8HT- oF- HAY LOCAlIOt 1120. II?? LA \ofTA AVENJE S 'v61lNG METROPOLITAN UFE IN!! JRA}k;E a>>tPANr' .j14.49'11_01" 02' 49. E 108. 22' -