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RES-10542 Public Interest of Acquiring Certain Real PropertyRESOLUTION NO. 10542 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE DECLARING THE PUBLIC INTEREST AND NECESSITY OF ACQUIRING CERTAIN REAL PROPERTY INTEREST LOCATED ON THE NORTH SIDE OF SANTIAGO CANYON ROAD BETWEEN SANTIAGO BOULEVARD AND CANNON STREET AND AUTHORIZING THE ACQUISITION THEREOF. THE CITY COUNCIL OF THE CITY OF ORANGE AFTER NOTICED HEARING AND BASED ON THE EVIDENCE SUBMITTED AT SUCH HEARING DOES, BY A VOTE OF AT LEAST TWO - THIRDS OF ITS MEMBERS, 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 and for a temporary construction easement. 3. The Property is to be taken for a public use, namely for the construction of a portion of the Santiago Creek Bike Trail North to separate bicycles from roadway traffic to promote greater use of bicycles and traffic safety, as is more particularly described in Mitigated Negative Declaration No. Env. 1819 -09 for the Santiago Creek Bike Trail North Project hereafter, the "Project "), which was previously approved by the City Council, as well as the staff report accompanying this Resolution. 4. The Property is to be acquired pursuant to the authority conferred upon the City of Orange to acquire property for bike trail purposes by eminent domain by California Code of Civil Procedure Section 1230.010 et seq. and California Government Code Section 37350.5. 5. The Property to be taken is more particularly described in the legal descriptions and maps attached as Exhibits "Al ", 46 A2 " 66 111 " "132 "C1", "C2" and "D ". 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 to be acquired 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. That notice of the hearing has been provided in accordance with Code of Civil Procedure Section 1245.235. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ORANGE AS FOLLOWS: 1. The City Attorney and/or his designee 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 and to make application to the court for an Order of Possession before judgment. 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 22 day of March, 2011. V. '*ec9 ie, Mayor, pity of Orange ATTEST: Mary E iu y, City Clerk, i range I, MARY E. MURPHY, City Clerk of the City of Orange, California, do 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 22 day of March, 2011, by the following vote: AYES:COUNCIL MEMBERS:Whitaker, Smith, Cavecche, Dumitru, Bilodeau NOES:COUNCIL MEMBERS:None ABSENT:COUNCIL MEMBERS:None ABSTAIN:COUNCIL MEMBERS:None Mary y, City Clerk, Cit ange 2