RES-9389 Real Property Acquisition 920 W. La Veta AvenueRESOLUTION NO. 9389
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE DECLARING THE PUBLIC
INTEREST AND NECESSITY OF ACQUIRING
CERTAIN REAL PROPERTY LOCATED AT 920
WEST LA VETA AVENUE AND AUTHORIZING
THE ACQUISITION THEREOF.
Owner of Record: R.B. Newcom Enterprises, a
California Limited Partnership; David Newcom; Tria
Newcom Cooper and Jack Cooper, Trustees ofT.J.
Properties Trust
THE CITY COUNCIL OF THE CITY OF ORANGE DOES 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 unless a lesser
estate is described, along with a portion to be taken for a temporary construction easement.
3. The Property is to be taken for a public use, namely for the widening of La Veta Avenue.
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 Sections 37350.5 and
40404.
5. The Property is located at 920 West La Veta Avenue, as is more particularly described in
Exhibits "A" and "B", which are attached hereto and incorporated herein by this reference.
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 is necessary for the proposed project; and
4. That an offer has been made to the owner of record of the Property pursuant to California
Government Code Section 7267.2.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ORANGE AS FOLLOWS:
1. The City Attorney 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.
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 23rd day of January, 2001.
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 23'd day ofJanuary, 2001,
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
SLATER. ALVAREZ. MAYOR MURPHY. COONTZ
NONE
NONE
NONE
Reso No. 9389 2 dad
EXHIBIT A
PROJECT: La Veta Avenue Widening-City of
Orange ASSESSOR-PARCEL
NO.: 41-100-07 THAT CERTAIN REAL PROPERTY srruAlED IN
TIIE CITY OF ORANGE COUNTY OF ORANGE, STATE
OF CALIFORNIA, DESCRIBED AS:THAT PORTION OF TIlE LAND IN A GRANT
DEED TO RB. NEWCOM ENTERPRISES, RECORDED FEBRUARY 18, 1987,
AS DOCUMENT NO. 87-088538, IN lHE OFFICE OF TIlE COUNTY
RECORDER OF SAID ORANGE COUNTY, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:BEGINNING AT lHE MOST WESTERLY CORNER
OF lHE LAND DESCRIBED IN A GRANT DEED TO TIlE CllY OF ORANGE, RECORDED
MARCH 2. 1967 IN BOOK 8188, PAGE 407 OF OFFICIAL RECORDS, IN
lHE OFFICE OF TIlE COUNTY RECORDER OF SAID ORANGE
COUNIY; lHENCE PARALLEL wrrn 11IE CENTERLINE OF LA VETA AVENUE, soum 89"07'05"
BAST 57.09 FEET TO 11IE BEGINNING OF A TANGENT CURVE,
CONCA VB NORlHERLY AND HAVING A RADIUS OF 308.00 FEET; lHENCE,
lHROUGH ACENtRAL ANGLE OF 22"32'40" ALONG SAID CURVE AND lHE SOl.
J1HHRLY LINE OF SAID LAND DESCRIBED IN lHEDEED TO 11IE CITYOF
ORANGE, EASTERLY 121.19FEET; THENCE SOum: 89"07'0S" EAST 0.02 FEET TO
TIm BEGINNING OF A .NON-TANGENT CURVE, CONCAVE NORTIlERLY
AND HAVING A RADIUS OF ~503.00 FEET, A RADIAL nmOUGH
lHE BEGINNING OF ~ SAID CURVE BEARS soum 21059'12" EAST; THENCE
lHROUGH A CENTRAL ANGLE OF 22055'01", W.1~TbKLY 201.19 FEET TO A POINTIN TImNOKJ.
H\VJ:!:SJ.:w<LY LINE OF SAID . LAND DESCRIBED IN
TIm DEED TO RB. NEWCOM. .ENTERPRISES; TIIENCE, ALONG
SAID NORmwESTERLY LINE NORm 53011 '2(1' EAST 26.17 FEET
TO 1HE POINT OF BEGINNING.CONfAlNING AN AREA OF 1,346.70
SQUARE FEET, MORE OR LESS.
CITY OF ORANGE
DEPARlMENT OF PUBIlC WORKS
ORANGE COUNIY. CAUFORNJA
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