RES-10446 Public Acquisition of Certain Real PropertyRESOLUTION NO. 10446
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE DECLARING THE PUBLIC
INTEREST AND NECESSITY OF ACQUIRING
CERTAIN REAL 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 in fee simple and
for a temporary
construction easement.3. The Property is to be taken for a public use, namely for street improvements
and the construction of street improvements to alleviate traffic delays and improve traffic
flow on Main Street generally between La Veta Avenue and Chapman Avenue, as
is more particularly described in Mitigated Negative Declaration No. Env. 1813-09
for the Nlain Street Widening Project (hereafter, the Project) previously approved and
adopted by the City Council and 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 public street purposes by eminent
domain by California Code of CivilProcedure 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 attached as Exhibits A and C and the map attached
as Exhibit B.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
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:
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 11th day of May, 2010.
ATTEST:
Mary urphy, City Clerk, City of ra e
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 l It day of May, 2010, by the
following vote:
AYES:COUNCIL MEMBERS:Smith, Murphy, Cavecche, Dumitru, Bilodeau
NOES:COUNCIL MEMBERS:None
ABSENT:COUNCIL MEMBERS:None
ABSTAIN:COUNCIL MEMBERS:None
Mary rp ,City leak, ity o Ot nge
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