Resolution No. 4783463
RESOLUTION NO. 4783
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ENDORSING THE PROPOSED ACTIONS BY THE COUNTY OF ORANGE TO
UTILIZE EMINENT DOMAIN TO ACQUIRE NECESSARY RIGHT -OF -WAY FOR
THE CONSTRUCTION OF PHASE 2 IMPROVEMENTS FOR CYPRESS ACRES.
WHEREAS, the County of Orange is now prepared to move forward with the
construction of Phase 2 street and drainage improvements for the annexation area known as
Cypress Acres pending some final right -of -way acquisitions; and
WHEREAS, proposed improvements include street and storm drain improvements for
La Salle Street between Crescent and Grace, and Grace Avenue between Belmont and Moody,
and that said improvements will widen said streets to a 46 ft right -of -way consisting of a 36 ft
wide street and 5 ft wide sidewalks; and
WHEREAS, since Cypress Acres is within the City's jurisdiction, the County had to
enter into an agreement with the City in December of 1996 that specified the City would review
and approve the construction plans, grant the County temporary authority over Grace Avenue
and La Salle Street for construction purposes, and assume maintenance responsibility upon
completion, and that the County would design, acquire right -of -way, fund, and construct the
project; and
WHEREAS, the County has now appraised and proceeded with acquisition on the three
feet of right -of -way required from the 19 properties located in the Phase 2 project area, and
determined that several property owners may be opposed to the right -of -way acquisitions; and
WHEREAS, the County has determined that the proposed Phase 2 improvements can not
be built without this right -of -way, and the County is prepared to acquire this right -of -way
through the use of eminent domain if needed. However, before the County can do so they need
a resolution of support from the City of Cypress, due to the jurisdiction being with the City of
Cypress.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES
HEREBY RESOLVE AS FOLLOWS:
1. The City of Cypress acknowledges that the proposed acquisition of right -of -way by the
County of Orange along Grace Avenue and La Salle Street, within the City of Cypress
for the construction of street, sidewalk, and storm drain improvements is being
implemented for and on behalf of the City and its residents.
2. Further, the City hereby finds that the project will address an existing public need within
the City of Cypress, and that the right -of -way to be acquired for the project is required,
and that the project has been planned and designed consistent with providing the greatest
public good and the least private injury.
3. The City therefore encourages the County of Orange to pursue the acquisition of
necessary right -of -way, including the filing of an eminent domain action, if necessary,
and to complete construction of the project improvements.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 14th day of April, 1997.
MAYOR OF THE CITY OF CYPRESS
464
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, LILLIAN M. HAINA, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Resolution was duly adopted at a meeting of the said City Council held on the
14th day of April, 1997, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bowman, Jones, Keenan, Piercy
NOES: 0 COUNCIL MEMBERS: None and Carroll
ABSENT: 0 COUNCIL MEMBERS: None
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CITY LERK OF THE CITY OF CYPRESS