RES-ORA-0330 Authorizing Acquisition in Eminent Domain of Leasehold InterestRESOLUTION NO. ORA-
0330 A RESOLUTION OF THE ORANGE REDEVELOPMENT
AGENCY DECLARING CERTAIN REAL PROPERTY
INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING
THE ACQUISITION IN EMINENT DOMAIN OF THE
LEASEHOLD INTEREST OF HOWARD AUSTIN, O.D., INC., AS TENANT,
IN THE PREMISES KNOWN AS ROOM 180 (ALSO KNOWN
AS SUITE 180), TWO CITY BOULEVARD EAST, CITY OF
ORANGE,
CALIFORNIA WHEREAS, the Orange Redevelopment Agency (hereinafter referred to as
the Agency") is a public body, corporate and politic, in the City of Orange, County of Orange,
State of Califomia;
and WHEREAS, the property hereinafter described is to be taken for a public use, namely,
for purposes of redevelopment, as defined in the Community Redevelopment Law, Health and
Safety Code Sections 33000 to 34152, inclusive, and in particular Health and Safety Code
Sections 33020 and 33021, pursuant to the authority conferred upon the Orange Redevelopment
Agency to acquire property by eminent domain by Health and Safety Code Section 33391 and Code
of Civil Procedure Sections 1230.010 et seq. (Eminent Domain Law), including but not limited
to Section~ 1240.010,1240.020,1240.110,1240.120;
and WHEREAS, the property interest to be taken is located in the Southwest
Redevelopment Area, in the City of Orange and is more particularly described
as:In the State of California, County of Orange, City of Orange, the leasehold
interest of Tenant pursuant to that office lease dated July 25, 1988, between
Tishman Management Corp., a California corporation, as agent for THE CITY, a
California general partnership, as landlord, and Howard Austin, O.D., Inc., a
California corporation, as Tenant ("Dr. Austin"), for a lease term commencing August
1,1988 and expiring August 31, 1998, in a portion of the ground floor
commonly known as Room 180 of the office building located at Two City Boulevard
East,City of Orange, California, as shown hatched in bl,_~,," \In the plan attached here
as Exhibit "A" and incorporated in this Notice by this reference;
and WHEREAS, the potential environment impacts of the Project, including the
proposed acquisition, were studied in connection with the Major Site Plan Review for the Project (
Major Site Plan Review 6-96) and Mitigated Negative Dedaration 1497-96 for that
Site Plan Review was determined to be adequate and complete by the City of Orange City Council
on April 24,1996. Notice of Determination thereof has been duly filf~ with the County
Recorder. The City made the required findings for the Project in connection with the
Mitigated Negative Declaration and those findings are also the appropriate findings with regard to the proposed
acquisition of the subject property interest. The environmental documentation prepared in
connection with the Mitigated Negative Declaration was reviewed by staff on April 9, 1997, and
it was determined that no changes in the Project had occurred and no new information had been
City Council's determination on April 24, 1996, which would require further environmental
analysis; and
WHEREAS, the Board of Directors of the Orangc~ Redevelopment Agency 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 th(~ Government Code has been made to
the owners of record.
NOW, THEREFORE, the Orange Redevelopment: Agency hereby authorizes and directs
the Agency counsel to take all steps necessary to commenc:e and prosecute legal proceedings in a
court of competent jurisdiction to acquire the property interests hereinabove described by eminent
domain.
ADOPTED this 15th day of April 1997.
A TrEST:
I 7I/ //
t:26/;I ,/L.
ChA an of the Orange Redevelopm
G
t~
Clerk of the Orang
I hereby c:ertify that the foregoing Resolution was duly and regularly adopted by the Orange
Redevelopment Agency at a regular meeting thereof held on the 15th day of April
1997 by the following vote:
A
YES:NOES:
ABSENT:
DIRECTORS:
MURPHY, SLATER, COONTZ, SPURGEON, ALVAREZ DIRECTORS:
NONE DIRECTORS:
NONE ABSTAIN:
DIRECTORS: NONE J J6 L~1~ ~~Clerk
of the Orange edevelopment Agency sc/
sharelreso/O] 30
EXHIBIT "A"
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