RES-9412 Acquisition of Real Property 455 S Main StreetRESOLUTION NO. 9412
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE DECLARING THE PUBLIC
INTEREST AND NECESSITY OF ACQUIRING
CERTAIN REAL PROPERTY LOCATED AT 455
SOUTH MAIN STREET AND AUTHORIZING THE
ACQUISITION THEREOF.
Owner of Record: CHOCO Realty Corporation,
A California Nonprofit 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 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 455 S. Main Street, 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 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.
e City of Orange
ATTEST:
I~~&~~
Cassandra J. Cathc , City 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
i~
Cassandra J. Cathc , Ity Clerk of the City of Orange
Reso No. 9412 2 dad
EXHIBIT A
PROJECT: La Veta Avenue Widening - City of Oranges ASSESSOR
PARCEL NO.: 390-682-
06 TIIAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF
ORANGE,COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED
AS:TIIATPORTION OF LOTS 16, 17, AND 18 OF TRACT NO. 1945,AS SHOWN ON
A MAP RECORDED IN BOOK 54, PAGE 22 OF MISCELLANEOUS MAPS, IN
THE OmCE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY,
MORE PARTICULARLY DESCRIBED AS
FOLLOWS:BEGINNING AT THE SOUfHEAST CORNER OF SAID LOT 18 BEING A
POINT ON THE NORm LINE OF LA VETA AVENUE AS SHOWN ON SAID
MAP;lHENCE, ALONG THE NORm LINE OF LA VETA AVENUE, NORm 89007'
05"WEST289.93 FEET TO TIlE SOUTHEASTERLY CORNER OF PARCEL
2 DESCRIBED IN A DEED TO TIlE CITY OF ORANGE. RECORDED
FEBRUARY 27, 1974, IN'BooK 11083, PAGE 1563 OF omCIAL RECORDS, IN'TIlE
OmCE OF THE COUNlY RECORDER OF SAID ORANGE COUNTY; THENCE,
ALONG THE NORlHEASTERL Y LINE OF SAID PARCEL 2 NORm 44001 '05" WEST 24.
00 FEET TO THE EAST LINE OF PARCEL 1 AS DESCRIBED IN SAID DEED
ALSO BEING THE EAST LINE OF MAIN STREET; THENCE, ALONG SAID EAST
LINE,NORm 01 "04'55" EAST 7.00 FEET; THENCE, SOUTH 44001'05" EAST 24.00
FEET TO A LINE PARAlLEL WI1H AND DISTANT NORTHERLY 7.00
FEET MEASURED AT RIGIIT ANGLES FROM SAID NORTHERLY LINE OF LA
VETA AVENUE; lHENCE, ALONG SAID PARAlLEL LINE, SOUTH 89"07'05"
EAST 200.94 FEET; TIIENCE, SOUTH 87"28'54" EAST 89.02 FEET TO THE EAST
LINE OF SAID LOT 18; TIIENCE, ALONG SAID EAST LINE, SOUTH00058"37"
WEST 4.46 FEET TO THE POINT OF
BEGINNING.CONTAINING AN AREA OF 2,035.38 SQUARE FEET, MORE OR
LESS.
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