RES-9841 Sale of Certain Vacated Portions of Pepper Street & Stewart DriveRESOLUTION NO. 9841
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE AUTHORIZING THE SALE OF
CERTAIN VACATED PORTIONS OF PEPPER
STREET AND STEWART DRIVE, TOGETHER
WITH CERTAIN IN-PLACE SEWER
FACILITIES,TO ST. JOSEPH HOSPITAL OF ORANGE,
A CALIFORNIA NONPROFIT PUBLIC
BENEFIT
CORPORATION.WHEREAS, the City of Orange (the City) is a municipal corporation
exercismg governmental functions and powers, organized and existing under the laws of the State
of California;
and WHEREAS, pursuant to the Public Streets, Highways, and Service
Easements Vacation Law (commencing at Section 8300 of the Streets and Highways Code of the State
of California; herein the Law) and, more specifically, Section 8355 of the Law, the City
is authorized to sell or exchange a street, highway or public service easement, title to which
is owned by the City, in the manner, and upon the terms and conditions, approved by the
City Council; provided that the City Council first determines that said street, highway or
public service easement is no longer needed by the public;
and WHEREAS, in accordance with the Law, the City Council has heretofore adopted
its Resolution No. 9840, finding that those portions of Pepper Street and Stewart Drive
generally depicted on the map attached hereto as Exhibit A and more particularly described on
Exhibit A-Jl, together with the in-place sewer facilities (Sewer Facilities) generally depicted
on the map attached hereto as Exhibit B and more particularly described on Exhibit B-
1, are no longer needed by the public and
were, accordingly, vacated; and WHEREAS, as authorized by Section 8355 ofthe Law and for the
common benefit of the Ci~y, the City Council desires to sell those vacated portions of Pepper
Street and Stewart Drive and the Sewer Facilities to St. Joseph Hospital of Orange, a
California nonprofit public benefit corporation (SJO), in accordance with the tenns and provisions of
that certain Agreement of Purchase and Sale and Joint Escrow Instructions (herein referred to as
the Agreement) in the fonn presented
at this meeting; and WHEREAS, pursuant to Section 8313 of the Law and Section
65402 of the California Government Code, this City Council finds and determines that the
location, purpose and extent of the proposed disposition of the vacated portions of Pepper Street
and Stewart Drive, together with the Sewer Facilities, have been considered and reported on by
the Director of the Community Development Department of the City of Orange and
that said proposed disposition to SJO in accordance with the terms and provisions of the Agreement conforms
to the City's
adopted general plan; and WHEREAS, this City Council, as the lead agency
under the California Environmental Quality Act (CEQA), finds and determines that the sale of the vacated
and Stewart Drive, together with the Sewer Facilities, is categorically exempt from the
provisions ofCEQA under Section 15312 ofthe State CEQA Guidelines; and
WHEREAS, the vacated portions of Pepper Street and Stewart Drive, together with the
Sewer Facilities, have been appraised as having a fair market value of Two Hundred Forty-
eight Thousand Dollars ($248,000.00) and the purchase price set forth in the Agreement is in
accordance with said appraisal; and
WHEREAS, the City Council is willing to sell the vacated portions of Pepper Street and
Stewart Drive, together with the Sewer Facilities, to SJO at their fair market value of Two
Hundred Forty-eight Thousand Dollars ($248,000.00);
and WHEREAS, SJO proposes to acquire the vacated portions of Pepper Street and
Stewart Drive, together with the Sewer Facilities, pursuant to the terms and provisions of
the Agreement to be entered into with the City in the form presented at this meeting and under
the authority granted to the City by Section 8355 of the Law;
and WHEREAS, the Agreement by and between the City and SJO has been prepared
and submitted, providing for the conveyance of the vacated portions of Pepper Street and
Stewart Drive, together with the Sewer Facilities, to SJO by the City for the purchase price and upon
the tenus stated therein;
and WHEREAS, the City Council has duly considered all of the terms and conditions of
the Agreement, as set forth in the agenda report presented to it and any testimony received at
the meeting at which this matter was considered, and believes that the activities described therein
are for the common benefit, and in the best interests, of the City and the health, safety, morals
and welfare of its residents, and in accord with the public purposes and provisions of applicable
State and local law
requirements.NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Orange,on the basis of the facts set forth in the agenda report presented to it and any testimony
received at the meeting at which this matter was considered, as
follows:1. The foregoing recitals are true and
correct.2. The City Council finds and determines that the sale of the vacated portions
of Pepper Street and Stewart Drive, together with the Sewer Facilities, is categorically
exempt from the provisions of CEQA under Section 15312 of the State CEQA Guidelines
and,accordingly, hereby authorizes and directs the City Clerk to file a Notice of Exemption with
the Orange County
Clerk.3. This City Council hereby approves the terms and provisions of the
Agreement in the form presented at this meeting and authorizes and directs that the vacated portions
of Pepper Street and Stewart Drive, together with the Sewer Facilities, be sold to SJO pursuant
to the terms and provisions of the Agreement, and hereby authorizes and directs the Mayor
to execute, and the City Clerk to attest, the Agreement on behalf of the City and to sign
and
deliver all documents and take all other actions necessary and appropriate to carry out,
implement and administer the City's obligations thereunder.
ADOPTED this 9th day of March, 2004.
r, City of Orange
ATTEST:
C{"
lkL~{ ~
Mary E. MU'rp : City Clerk, City 0
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify
that the foregoing Resolution was duly and regularly adopted by the City Council of the City of
Onmge at a regular meeting thereof held on the 9th day of March, 2004, by the following vote:
AYES:
NOES:
AB,SENT:
ABSTAIN:
COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Coontz
COUNCILMEMBERS: None
COUNCILMEMBERS: Cavecche
COUNCILMEMBERS: None
d'-'{~U-AA C {~_L-<--__Mary
E. Murph iCity Clerk, City of 3
EXHIBIT A
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Joint Escrow 1 OF 1 IlIIstructions (Pepper Street/
Stewart
Drive)
Depictionof
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PepperlStewart ASSOCIATESINC.701
PARI<COOtR ORNE. SNfrA N4A.
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92705 m.. (714) 560-8200
EXHIBIT A-
I LEGAL DESCRIPTION OF THE
PROPERTY THE LAND REFERRED TO HEREIN IS SlTUA TED IN THE STATE OF CALIFORNIA, COUNTyOFORANGE, CITY OF ORANGE, AND IS DESCRIBED AS
FOLLOWS:A PORTION OF LAND IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA
IN LOT 37, AS PER DAWN TRACT MAP RECORDED IN BOOK 08, PAGE 21, OFJ!.jISCELLANEOUS
MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBEz}.AS
FOLLOWS:BEGINNING AT THE CENTERLINE INTERSEcrION OF SHERINGHAM STREET AND MEYERSTREETNOWKNOWNASMANCHESTERAVENUE) AS PER TRACT MAP NO. 2413 RECORDED IN BOOK73,PAGE 21 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OFSAIDCOUNTY; THENCE FOLLOWING THE CENTERLINE OF MEYER A VENUE (NOWMANCHESTERAVENUE) NORTH 0 DEGREES 12' 14" WEST A DISTANCE OF70.42 FEET TO THE BEGINNING OFATANGENTCURVECONCAVEEASTERLYHAVINGARADIUSOF475.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32 DEGREES 29' 37" AN ARC DISTANCE OF 272,76 FEET TO A POINT ON A TANGENT LINE; THENCE NORTH 32 DEGREES41'51" EAST A DISTANCE OF43.33 FEET; THENCE LEAVING THE CENTERLINE OFMANCHESTERAVENUEALONGALINEPERPENDICULARTOSAmCENTERLINESOUTH57DEGREES18' 09" EAST A DISTANCE OF 28,00 FEET TO THE EASTERLY RIGHT OF WAY LINE OF MANCHESTERAVENUE,TO THE TRUE POINT OF BEGINNING, T. p, O. R; THENCE FOLLOWING THE EASTERLY RIGHTOFWAYLINEOFMANCHESTERAVENUENORTH32DEGREES41' 51" EAST A DISTANCE OF 98.50 FEET; THENCE FOLLOWfNG THE OLD NORTHERLY RIGHT OF WAY LINE OF OLDMANCHESTERAVENUENORTH71DEGREES03' 22" EAST A DISTANCE OF 69.79 FEET TO THE BEGINNING OFATANGENTCURVECONCAVENORTHERLYHAVINGARADrnsOF120,13 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 49 DEGREES 43' 51" AN ARC DISTANCE OF OF 104,27 FEET TO THE BEGINNING OF A NON-TANGENT CURVEONTHEWESTERLYCALTRANSRIGHTOFWAYLINEASRECORDEDONCALTRANSAPPRAISALMAPSHEETAIOOF38, RECORDED TN DISTRICT 12, COUNTY OF ORANGE, ON STATEROUTE5BETWEENPOSTMILES34.0 AND 36.9, SAID POINT BEING THE BEGINNING OF ACURVEFROMWHICHARADIALLINEBEARSNORTH61DEGREES10' 43" EAST SAID CURVEBEINGCONCAVENORTHEASTERLYANDHAVINGARADIUSOF330.00 FEET; THENCESOUTHEASTERLYALONGSAIDCURVETHROUGHACENTRALANGLEOFIIDEGREES37' 30" AN ARC DISTANCE OF66.96 FEET TO THE BEGINNING OF A NON-TANGENT CURVE ON THE SOUTHERLY RIGHTOFWAYOFOLDM'\NCHESTER AVENUE, SAID POINT BEING THE BEGINNING OF A CURVEFROMWHICHARADIALLINEBEARSNORTH56DEGREES38' 26" WEST SAIDCURVEBEINGCONCAVENORTHWESTERLYANDHAVINGARADIUSOF180.13 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37 DEGREES 46' 07" AN ARC DISTANCEOF118.74 FEET TO A POINT ON A TANGENT LINE; THENCE SOUTH 71 DEGREES 03' 22" WEST A DISTANCE OF 122.71 FEET TO THE BEGINNING OF A TANGENT CUR VE CONCAVESOUTHEASTERLYHAVINGARADmsOF170,00 FEET; THENCE SOUTHWESTERLY ALONG SAIDCURVETHROUGHACENTRALANGLEOF8DEGREES00' 29" AN ARC DISTANCE OF 23.76 FEET TO THETRUE
EXHIBIT "B"
MAP DEPICTING THE GENERAL
LOCATION OF THE SEWER FACILITIES
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EXHIBIT "B"
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Sewer
Manhole
to
be
maintained
by
Sl
Joseph'
s
Hospital
LOCATION
OF
SANITARY
SEWER
MAIN
Sewer
Main
to
be
maintained
by
St
Joseph'
s Hospital i i r
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ST
JOSEPH.
S
HOSPITAL
fa
SCALE:
1" =
100'
EXHIBIT "B-
P'LEGAL DESCRIPTION OF SEWER
FACILITIES That portion of the 12 inch sanitary sewer mainline within the Pepper Street right ofwaybeginningat, but not including, the manhole, stationed as 5+ 13.11 on Plan SP 2966, located4feetwesterlyofthecenterlineofPepperStreet, more or less, and 398 feetnor.therly ofthecenterlineofLaVetaAvenue, more or less, and continuing up stream northerly along thesewermainlinetotheterminusofthelineatamanhole, stationed as 8+68.3~n Plan SP1672, located 4 feet westerly of the centerline of Pepper Street, more or less, and. 4 feet southerly ofthecenterlineofStewartDrive, more or
less.Plans: SP 2966 and SP 1672 are public records on file in the offices of the Departme:nt ofPublicWorksoftheCityofOrangeandarebyreferenceheretoincorporatedhereinasthoughfullysetforth