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RES-8755 Authorizing Acquisition of Certain Real PropertyRESOLUTION NO. 8755 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE DECLARING REAL PROPERTY LOCATED AT 454 SOUTH GLASSELL STREET NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF. THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: SECTION I: The City of Orange is a municipal corporation located in the County of Orange, State of California. SECTION II: The property hereinafter described is to be taken in fee simple absolute unless a lesser estate is described for a public use, namely, for street purposes and purposes incidental or advantageous thereto, pursuant to the authority conferred upon the City of Orange to acquire property by eminent domain by Government Code Sections 37350 et seq., including but not limited to Sections 40401 and 40404, and by Code of Civil Procedure Sections 1230.010 et seq. ("Erninent Domain Law"), including but not limited to Sections 1240.010, 1240.020, 1240.110 and 1240.120. SECTION III: The property to be taken is located in the City of Orange and is more particularly described in Exhibit "A" attached hereto and as set forth below. Said property is commonly referred to as 454 South Glassell Street, Orange, California. SECTION IV: The governing body of the City of Orange has found and determined, and hereby finds and determines that: a) The public interest and necessity require the proposed project; b) 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; c) The property hereinabove described is necessary for the proposed project; and d) The offer required by Section 7267.2 of the Government Code has been made to the owner of record. SECTION V: The City Council of the City of Orange hereby authorizes and directs the City Attorney to take all steps necessary to institute and prosecute proceedings in a court of competent jurisdiction to acquire the property interests hereinabove described by eminent domain. SECTION VI: The Director of Finance is authorized and directed to draw such warrants as may be required by the Superior Court for deposit with the State Treasury of probable compensation in accordance with California Code of Civil Procedure Section 1255.010. 1997ADOPTEDthis8thdayofAoril 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 ~ day of pri 1 , 1997, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: MURPHY, SLATER, COONTZ, SPURGEON, ALVAREZ NONE NONE NONE kUI/A~fI- Crk~~ City Clerk oft16 City of Orange Reso No. 8755 2-DAD:ajj EXHIBIT" A" THAT CERTAIN REAL PROPERTY SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF ORANGE, DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 5 IN BLOCK 1 OF THE PHELPS TRACT ADDITION TO ORANGE, AS SHOWN ON A MAP RECORDED IN BOOK 26, PAGE 14 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 5; THENCE, ALONG THE SOUTH LINE OF SAID LOT NORTH 880 58' 11" WEST 10.00 FEET; THENCE, PARALLEL WITH THE EAST LINE OF SAID LOT NORTH 010 04' 16" EAST 8.08 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 36.00 FEET; THENCE, THROUGH A CENTRAL ANGLE OF 390 45' 08" ALONG SAID CURVE NORTHEASTERLY, 24.98 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 14.00 FEET, A RADIAL THROUGH THE BEGINNING OF SAID REVERSE CURVE BEARS SOUTH 490 10' 37" EAST; THENCE, THROUGH A CENTRAL ANGLE OF 12027' 15" ALONG SAID CURVE, NORTHEASTERLY 3.04 FEET TO AFORESAID EAST LINE OF LOT 5; THENCE, ALONG SAID EAST LINE SOUTH 01004' 16" WEST 33.62 FEET TO THE POINT OF BEGINNING.