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RES-9421 Acquisition of Real Property 2019 W Chapman AvenueRESOLUTION NO. 9421 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE DECLARING THE PUBLIC INTEREST AND NECESSITY OF ACQUIRING CERTAIN REAL PROPERTY LOCATED AT 2019 WEST CHAPMAN AVENUE AND AUTHORIZING THE ACQUISITION THEREOF. Owner of Record: The Chapman Avenue Trust UDT 6/9/95, Daniel Rudat, Trustee 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 Chapman 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. A portion of the Property being condemned is property that has been impliedly dedicated to the City in accordance with Civil Code Section 1009. 6. The Property, including the temporary construction easement, is located at 2019 West Chapman Avenue, as is more particularly described in the attached exhibits, all of which are attached hereto and incorporated herein by this reference. 7. An Environmental Impact Report for the Chapman Avenue widening was prepared and adopted in 1992 and there are no conditions, changes in the project or new information that would require any further environmental review prior to condemning the Property. 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 13th day of March, 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 13th day of March, 2001, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: SLATER, ALVAREZ, MAYOR MURPHY, COONTZ COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE Reso No. 9421 2 dad