RES-8865 Acquisition of Real Property by Eminent DomainRESOLUTION NO. 8865
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE FINDING AND DETERMINING
THAT THE PUBLIC INTEREST AND NECESSITY
REQUIRE THE ACQUISITION BY EMINENT
DOMAIN OF CERTAIN REAL PROPERTY
LOCATED NEAR THE NORTHWEST CORNER OF
CHAPMAN AVENUE AND MAIN STREET FOR
PUBLIC USE AND AUTHORIZING AND
DIRECTING CONDEMNATION.
WHEREAS, the City of Orange ("City") proposes to acquire a fee interest and a
temporary construction easement in real property as described in the attached Exhibits "A"
and "B" for purposes of the widening and improvement of the intersection of Chapman
Avenue and Main Street, pursuant to the authority granted to it by Sections 37350, 37350.5
and 37353(b) of the California Government Code, Section 4090 of the California Streets and
Highways Code, sections 1240.010 and 1240.110 of the California Code of Civil Procedure
and Article I, Section 19 ofthe California Constitution; and
WHEREAS, pursuant to Section 1245.235 of the California Code of Civil
Procedure, the City scheduled a public hearing for January 13, 1998, at 7:00 p.m. at the City
of Orange City Council Chambers located at 300 East Chapman Avenue, Orange,
Califomia, and gave to each person whose property is to be acquired and whose name and
address appeared on the last equalized county assessment roll, notice and a reasonable
opportunity to appear at said hearing and be heard on the matters referred to in Section
1240.030 of the California Code of Civil Procedure; and
WHEREAS, the City Council for the City of Orange held a public hearing and each
person whose property is to be acquired by eminent domain was afforded an opportunity to
be heard on those matters specified in the City's notice of intention to conduct a hearing on
wheth~r to adopt a Resolution of Necessity and referred to in Section 1240.030 of the
California Code of Civil Procedure; and
WHEREAS, the City may now adopt a Resolution of Necessity pursuant to Section
1240.040 of the California Code of Civil Procedure.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION I:
Compliance with California Code of Civil Procedure. There has been compliance
by the City with the requirements of Section 1245.235 of the California Code of Civil
Procedure regarding notice and hearing.
SECTION II:
Public Use. The public use for which the property is to be acquired is the widening
and improvement of the intersection of Chapman Avenue and Main Street. Sections 37350,
37350,3, and 37353(b) of the California Government Code and Section 4090 of the
California Streets and Highways Code and Sections 1235.190, 1240.010 and 1240.110 of
the California Code of Civil Procedure authorize the City to acquire by eminent domain
property necessary for such purposes.
SECTION III:
Necessity. The public interest and necessity require the acquisition by eminent
domain of a portion of the fee simple estate and easement interests in and title to the real
property described in Exhibits "A" and "B" which is attached hereto and incorporated herein
by this reference.
SECTION IV:
Description of Property. Attached and marked as Exhibits "A" and "B" are the
legal descriptions and maps of the real property to be acquired by the City, which describe
the location and extent of the property with sufficient detail for reasonable identification.
SECTION V:
Findings. The City hereby finds and determines each of the following:
a) The public interest and necessity require the proposed project;
b) The proposed project is planned or located in the manner that will be most
compatible with the greatest public good and least private injury;
DAD:ajj 2 Reso. No. 8865
c) The real property described in Exhibits "A" and "B" is necessary for the proposed
project; and
d) An offer to purchase the property pursuant to Section 7267.2 of the California
Government Code was made.
SECTION VI:
Further Activities. The City Attorney or special counsel, as rnay be retained by the
City Attorney, is hereby authorized to acquire the hereinabove described real property in the
name of and on behalf of the City by eminent domain, and counsel is authorized to institute
and prosecute such legal proceedings as may be required in connection therewith. The City
Attornl:y is further authorized to take such steps as may be authorized and required by law,
and to make such security deposits as may be required by order of court, to permit the City
to take possession of and use said real property at the earliest possible time. The City
Attorney is further authorized to correct any errors in the resolution or to rnake or agree to
non-material changes in the legal descriptions of the real property that are deemed
necessary for the conduct of the condemnation action or other proceedings or transaction required
to acquire the subject real property. The City Attorney is further authorized to reduce
the extent of the interests or property to be acquired so as to reduce the compensation payable
in the action where such change would not substantially impair the construction and
operation of the project for which the real property is being
acquired.SECTION
VII:Effective Date. This Resolution shall take effect upon
adoption.ADOPTED this 13th day ofJanuary,
1998 ATTEST:
d
City
Clerk of the . of Orange DAD:
ajj 3 Reso, No. 8865
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 1 3 t h day of
January ,1998, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS: MURPHY. SLATER. COONTZ. SPURGEON.
ALVAREZ
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
City Clerk oft CIty of Orange
DAD:ajj 4 Reso. No. 8865
tXHi~~ ~ A
cITY OF ORANGE
DEP ARTMENT OF PUBLIC WORKS
ORANGE COUNTY, CALIFORNIA
I .EGAL DESCRIPTION
LEGAL DESCRlPTION FOR TIiE PROPOSED WIDENING OF MAIN STREET
ADDRESS: 11515 W. CHAPMAN A VENUE, ORANGE, CALIFORNIA
ASSESSOR'S EARCEL NUMBER: 039-
313-003 TIlE LAND REFERRED TO HEREIN IS SITIJA TED IN 11IE CIlY OF ORANGE, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AND IS DESCRlBED
AS FOLLOWS:TIlE NORTHERLY 10.00 FEET OF 11IE SOUTIiERL Y 50.00 FEET OF THE FOLLOWING
DESCRlBED LAND:TIlE EAST HALF OF THAT PORTION OF LOT 2 OF THE LOCKHART TRACT AS SHOWN ON
A MAP RECORDED IN BOOK 4. PAGES 512 AND 513 OF MISCELLANEOUS RECORDS OF LOS
ANGELES COUNTY,CALIFORNIA DESCRlBED
AS FOLLOWS:BEGINNING AT THE INTERSECTION OF 11IE CENTERLINE OF CHAPMAN AVENUE WITH THE
WEST LINE OF 11IE SOUTHERLY EXTENSION THEREOF OF THE EAST HALF OF SAID LOT 2
AND THENCE NORTIlERLY ALONG SAID WEST LINE 230,00 FEET; THENCE EASTERLY, PARALLEL
WITH THE CENTERLINE OF CHAPMAN A VENUE, 200.00 FEET; THENCE SOUTHERLY, PARALLEL WITH
THE WEST llNE OF THE EAST HALF OF SAID LOT 2,230.00 FEET TO 1HE CENTERLINE OF CHAPMAN
A VENUE;lRENCE WESTERLY ALONG SAID CENTERLINE 200.00 FEET TO THE POINT
OF BEGINNING.ALL AS SHOWN ON TIlE ATTACHED EXlUBIT "A" AND BY TIllS REFERENCE MADE A
PART HEREOF,SUBJECT PARCEL CONTAINS APPROXIMATELY 19,000 S.F. OR 0.4~
6 AC.AREA OF PROPOSED DEDICATION CONTAINS APPROXIMATELY 1,000 S.F. OR 0.
023 AC.NOTE: 11IE NET AREA FOR 1HE SUBJECT PARCEL SHOWN HEREON DOES NOT INCLUDE
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EXHIBIT
CITY OF ORANGE
fj DEPARlMENT OF PUBUC WORKS
ORANGE OOUNTY. CAUFORNIA
CONSTRUCTION EASEMENT 0
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UNDIVlDED 157. INlIREST, SHU I HSIAO A SI"GLE II'WAN AS TO AN VESTlNG UNDI\~DEb 287.
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