RES-9474 Acquisition of Property 100 W. Chapman AvenueRESOLUTION NO. 9474
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE DECLARING THE PUBLIC INTEREST
AND NECESSITY OF ACQUIRING A PROPERTY
INTEREST LOCATED AT 100 WEST CHAPMAN
AVENUE AND AUTHORIZING THE ACQUISITION
THEREOF AND DECLARING THE USE THEREOF A
PUBLIC NUISANCE.
Owner of Record: Mark Hurwitz, an unmarried man
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 interest hereinafter described (the "Property") is to be taken in fee simple unless
a lesser estate is described.
3. The Property is to be taken for a public use, namely for street, sidewalk and utility
improvements as part of the Plaza Restoration Project and to alleviate a use of private
property which creates a dangerous condition for public use,
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, as well as the authority granted under California Civil Code Section 3480 and
Government Code Section 38773 to abate a public nuisance.
5. The Property being condemned is vehicular access to an alleyway located adjacent to the
building at 100 West Chapman Avenue, as is more particularly described and shown Exhibit
A", which is attached hereto and incorporated herein by this reference. Only the vehicular
access is being eliminated. There is no physical taking of any private 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;
4. That an offer has been made to the owner of record of the Property pursuant to California
Government Code Section 7267.2; and
5. That the Property constitutes a public nuisance and should be abated,
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 or by nuisance abatement.
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 26th day of June, 2001.
ATTEST:
d G~~/,UT
Cassandra 1. Cath , City Clerk of the City of Orange
1 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 26th day of June, 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~4'",,/~~A'A-f.
z-Cassandra J. Cathc , Ity Clerk of the CIty of
Orange Reso No. 9474 2
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I(l" /, "~l TITLE OFrlCER,
JEFrREY c. PASCHAL EXHIBIT A
THE LAND
REF~?~'U:D TO i:' THIS GUARANTEE IS SITUATED IN THE ST.-\ TE OF CALl FOP-.l'JL'.. COu'.:TYOF OR.A.NGE.
CITY OF OP~"NGE. AND lS DESCRIBED .'.S FOLLOWS:THE EAST 78
FET OF LOT II A?\'D THE EAST78 FEET OF THE ;-.JORT:--: 31 A FEETOF LOT 12, ALL f>i BLOCK G" OF THETO\'.'.: OF
OP~-\NGE, AS SnOW" 0:-; A MAP RECORDEJ N BOOK 2, PAG~S 630 A?\U 631 OF MISCELLANEOUS RECORDS OF LOSA:\GELES COl;
l,TY, C.-\LfFOR:'\ilf..1'.\0: )