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RES-10494 Temporary Construction EasementRESOLUTION NO. 10494 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE DECLARING THE PUBLIC INTEREST AND NECESSITY OF ACQUIRING A TEMPORARY CONSTRUCTION EASEMENT AT PROPERTY LOCATED AT 230-280 S. MAIN 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 for a temporary construction easement.3. At its May 11, 2010 City Council meeting, the City Council authorized acquisition of certain property located at 230-280 S. Main Street in fee simple and for a temporary construction easement. The map depicting the temporary construction easement was inadvertently not attached to Resolution No. 10446 which authorized this acquisition and by this Resolution, the City Council seeks to correct that clerical error.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 Section 37350.5.5. The Property to be taken is more particularly described in the legal description and map attached as Exhibits C 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 temporary construction easement 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 3. That the temporary construction easement to be acquired is necessary in order to construct the improvements and to lessen the impact on traffic during the construction period. 4. That an offer has been made to the owner of record of the Property pursuant to California Government Code Section 7267.2. 5. 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 13`h day of July, 2010. lyn V~C~ave~che, Mayor, City of Orange ATTEST: Mary ,City Clerk, Cit range 2 I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly ado~ted by the City Council of the City of Orange at a regular meeting thereof held on the 13` day of July, 2010, by the following vote: AYES:COUNCIL MEMBERS: NOES:COUNCIL MEMBERS: ABSENT:COUNCIL MEMBERS: ABSTAIN:COUNCIL MEMBERS: Murphy, Cavecche, Dumitru, Bilodeau None Smith None Mary E. City Clerk, Ci of Orange