RES-9413 Acquisition of Real Property 1231 W La Veta AvenueRESOLUTION NO. 9413
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE DECLARING THE PUBLIC
INTEREST AND NECESSITY OF ACQUIRING
CERTAIN REAL PROPERTY LOCATED AT 1231
WEST LA VETA AVENUE AND AUTHORIZING
THE ACQUISITION THEREOF.
Owner of Record: CHOCO Realty Corporation, A
California Nonprofit Corporation, as to an undivided
one-half interest; and PRG Investment Equities, L.P.,
A California Limited Partnership, as to an undivided
one-half
interest 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 1231 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 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
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:
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~ange
Reso No. 9413 2 dad
EXHIBIT A
PROJECT: La Veta Avenue Widening - City of Orange ASSESSOR
PARCEL NO.: 390-682-
08 THAT CERTAIN REAL PROPERTY STIUATED IN THE CITY OF
ORANGE,COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED
AS:THAT PORTION OF PARCEL 2 AS SHOWN ON EXHIBIT "B" ATTACHED
TO LOT LINE ADJUSTMENT LL 88-16 RECORDED APRIL 20,
1989 AS INSTRUMENT NO. 89-206142 OF OFFICIAL RECORDS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID ORANGE
COUNfY, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:BEGINNING AT TIlE SOUTIlWEST CORNER OF SAID
PARCEL 2; THENCE,ALONG TIlE WEST LINE Of SAID PARCEL2. NORm 0"58'37"
EAST 4A6 FEET;TIIENCE, SOUlH 8'M8'54" EAST 16.03 FEET TO 11IE NORm
LINE OF TIm SOUm: 4.00 FEET OF SAID PARCEL 2; THENCE, ALONG
SAID NORm LINE.LINE BEING 34.00 FEET NORm OF CENTERLINE OF
LA VEtA AVENUE,SOUm: 8~OT05" EAST 180.53 FEET TO TIlE EAST LINE OF
SAID PARCEL 2;TIIENCE, ALONG SAID EAST LINE SOUlH 0051'32" WEST 4.00
FEET TO TIm SOUlHEAST CORNER OF SAID PARCEL 2; THENCE, ALONG
THE SOUlH LINE OF SAID PARCEL 2 ALSO BEING THE NORm LINE OF
LA VETA AVENUE,NORm 8~OT05" WEST 196.56 FEET TO TIm
POINT OF BEGINNING.CONTAINING AN AREA OF 789.89 SQUARE FEET,
MORE ORI..ESS.ROBERTMERRELL. R.
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CITY OF ORANGE
DEPARTMENT OF PUBUC WORKS
ORANGE COUNIY. CALIFORNIA
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REC.. 4/20/IM. /NST. NO. eA-206/42
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