RES-9917 Public Acquisition of Certain Real PropertyRESOLUTION NO. 9917
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE DECLARING THE PUBLIC
INTEREST AND NECESSITY OF ACQUIRING
CERTAIN REAL PROPERTY LOCATED AT 179
NORTH TUSTIN STREET AND 1805-1845
EAST CHAPMAN AVENUE AND AUTHORIZING
THE ACQUISITION
THEREOF.Owner of Record: Orange Square,
LLC THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY
FIND,DETERMINE, ORDER AND RESOLVE AS
FOLLOWS:L 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 intersection improvements on
the northeast comer of Chapman Avenue and Tustin Street and the staging of supplies
and equipment for the
work.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 to be taken fronts Chapman Avenue and Tustin Street near their intersection
as is more particularly described in the attached Exhibit A and Exhibit B. A
temporary construction easement is also required as described in the attached Exhibit
C.6, Mitigated Negative Declaration No. 1700-03 dated November 5, 2003, for the
Tustin Street and Chapman Avenue intersection improvements was prepared and adopted by
the City Council on or about December 9, 2003, 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 mannerthat wi\l be
most compatible with the greatest public good and the least
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.
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:
I, 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 November, 2004.
City of Orange
ATTEST:
Z
angeMaryE,M ty Clerk, Cit
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
Orange at a regular meeting thereof held on the 23rd day of November, 2004, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS: Ambriz, Alvarez, Murphy, Coontz, Cavecche
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
2
EXHIBIT" A"
PAGE 1 OF2
LEGAL DESCRIPTION
LEGAL DESCRIPTION FOR THE PROPOSED WIDENING OF CHAPMAN AVENUE
ADDRESS: 1817 CHAPMAN AVENUE, ORANGE, CALIFORNIA
ASSESSOR'S PARCEL NUMBER: 386-
041-13 THAT PORTION OF BLOCK "F" OF THE A B. CHAPMAN TRACT
SURVEYED BY FRANK LECOUVREUR IN 1870 AS SHOWN ON A MAP RECORDED IN
BOOK 102 PAGE 15 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY CALIFORNIA. DESCRIBED
AS FOLLOWS:BEGINNING AT THE CORNER COMMON TO SECTIONS 29. 28, 32 AND
33 IN TOWNSHIP 4 SOUTH, RANGE 9 WEST, SAN BERNARDINO BASE
AND MERIDIAN,SAID CORNER BEING THE NORTHWESTERL Y CORNER OF BLOCK "c"
OF SAID CHAPMAN TRACT, SAID CORNER BEING THE CENTERLINE
INTERSECTION OF CHAPMAN AVENUE AND TUSTIN STREET; THENCE, EASTERLY
ALONG SAID CENTERLINE OF CHAPMAN AVENUE, SOUTH 88058'55" EAST 345.00 FEET
TO A LINE PARALLEL WITH SAID CENTERLINE OF TUSTIN STREET;
THENCE, ALONG SAID PARALLEL LINE, NORTH 01014'35" EAST, 50.00 FEET TO
THE INTERSECTION OF THE NORTHERLY LINE OF PARCEL 3 AS CONVEYED TO THE CITY
OF ORANGE BY DEED RECORDED AUGUST 25, 1997 AS INSTRUMENT
NO, 19970411536,OFFICIAL RECORDS OF SAID COUNTY, SAID LINE BEING THE
NORTHERLY RIGHT-OF-WAY LINE OF CHAPMAN AVENUE AND THE EASTERLY LINE
OF PARCEL "D"OF DEED RECORDED MARCH 3,1997 AS INSTRUMENT
NO, 19970109466, OFFICIAL RECORDS OF SAID COUNTY AND THE TRUE POINT OF
BEGINNING
OF THIS DESCRIPTION;THENCE. ALONG SAID EASTERLY LINE, NORTH 01014'35" EAST 6.00
FEET TO A LINE PARALLEL WITH SAID CENTERLINE OF CHAPMAN A VENUE,
DISTANT 56,00 FEET NORTHERLY MEASURED AT RIGHT ANGLES
FROM SAID CENTERLINE;THENCE, ALONG SAID PARALLEL LINE, SOUTH 88058'55" EAST 30.27
FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST HAVING
A RADIUS OF
41.29 FEET;THENCE, SOUTHEASTERLY 15.84 FEET ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 21 058'36" TO THE BEGINNING OF
A REVERSE CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 4].29 FEET,
A RADIAL LINE TO SAID BEGINNING BEARS SOUTH
22059'41" WEST;THENCE, SOUTHEASTERLY 15.84 FEET ALONG SAID REVERSE
CURVE THROUGH A CENTRAL ANGLE OF 21058'36" TO A POINT OF CUSP
WITH SAID NORTHERLY JACK\WORDP\WORD6\FILES\ORAOI035\esml\3S6.04j.13.doc re"ised: 02/07102
II: 13 AM primed: 02/07102 I
EXHIBIT" A"
EXHIBIT A
CID..PMAN AVENUE RiGHT-OF-
WAY DEDICATION
APN 386-041-
13 J817
CHAPMAN
AVENUE ORANGE, CALIFORNIA PAGE20F2 RIGHT-OF- WA Y LINE OF CHAPMAN AVENUE, A
RADIAL LINE TO SAID POINT
BEARS SOUTH 01001'05" WEST;THENCE, LEAVING SAID REVERSE CURVE AND
ALONG SAID NORTHERL Y LINE,NORTH 88058'55" WEST 61.19 FEET TO
THE TRUE POINT OF BEGINNING.CONT AJNING AN AREA OF APPROXIMA TEL Y 274 S.
F. OR 0.006 AC.Legal Description prepared under
ti)e supervi sion of:I\JACKIIVORDP\\VORD61F1LESIORAO I 035Ics,,"1386-041-I3.doc revised:
02/07/02 J I:
h
g
EXHIBIT" A"
CITY OF ORANGE
DEPARTMENT OF PUBLIC WORKS
ORANGE COUNTY, CALIFORNIA
1"=20'
I-
w
w
0: J-U
I
I-
u-:,I)~N01"14'
3S"E
6.00'to S88'S8'
SS"E
30.27'S2ZS9'
41"
W r-----------P.R.
C. (RAD)
C1 I t~E :;1;~lJ<;\*~g&~~~f.~.
F,.L N88"S8'SS"W
61.19' /SOl"Ol'
OS"
W /
J
RAD)
20
z
I-
or
o
I
o
Ii)
J-
UI
u-:,
q
I
to
Ii)o Ii)N88'
S8'
SS"W
r~
34S.00'f N,W,
C, BLOCK "e"A,
B. CHAPMAN TRACT.N88'
S8'SS"W
CHAPMAN A VENUE D NORTHERLY LINE OF
CHAPMAN AVENUE DESCRIBED AS PARCEL 3 OF DEED RECORDED
AUGUST- 2S, 1997 AS INSTRUMENT NO.
19970411S36, OFFICIAL RECORDS.cv EASTERLY LINE OF PARCEL "
D" OF DEED RECORDED MARCH 3.
1997 AS 'INSTRUMENT NO.
19970109466, OFFICIAL RECORDS.
BASIS OF BEARINGS:BEARING N88"S8'5S"W AS
THE CENTERLINE OF APMAN AVENUE WAS USED AS
THE
BASIS FOR SPLAT.
CURVE DATA TABLE
DELTA RADIUS LENGTH 21'S8'36" 41.
29' IS.84'A.
P. No. 386-041-13 S.P,
No. 3361 P.M.
No.BOOK PAGE -'---
BOOK~ PAGE FILE NORK DESCRIPTION CHAPMAN A1I(NUE & lUSllN
STREET CRITICAL INTERSEC1l0N OCA TION 1817
CHAPMANA1I(
NUE ESTING:RAWN ~ DATE 12{10/01 CHECKED ~ DATE 12//10/01
RECOROING DATE REPAREDBY: TRU'XAW &. ASSOCIATES, INC. (714) 935-0265 G:\O\ORAOI035\f51.1/1386-0-41-IJ.OWC
PAGEIOF3
EXHIBIT "B"
LEGAL DESCRIPTION
LEGAL DESCRIPTION FOR THE PROPOSED WIDENING OF CHAPMAN A VENUE ANDTUSTINSTREET
ADDRESS: 1803 & 1805 CHAPMAN AVENUE, ORANGE, CALIFORNIA
ASSESSOR'S PARCEL NUMBER: 386-041-
15 & 16
PARCEL "A"THAT PORTION OF BLOCK "F" OF THE A. B. CHAPMAN TRACTSURVEYEDBYFRANKLECOUVREURIN1870ASSHOWNONAMAPRECORDEDINBOOK102PAGE15OFMISCELLANEOUSMAPS, RECORDS OF
ORANGE COUNTY CALIFORNIA, DESCRIBED
AS FOLLOWS:BEGINNING AT THE CORNER COMMON TO SECTIONS 29, 28, 32 AND
33 IN TOWNSHIP 4 SOUTH, RANGE 9 WEST, SAN BERNARDINO BASEANDMERIDIAN,SAID CORNER BEING THE NORTHWESTERLY CORNER OF BLOCK "C" OF SAID CHAPMAN TRACT, SAID CORNER BEING THE CENTERLINEINTERSECTIONOFCHAPMANAVENUEANDTUSTINSTREET; THENCE, EASTERLY
ALONG SAID CENTERLINE OF CHAPMAN AVENUE, SOUTH 88058'55" EAST 245.00 FEETTOALINEPARALLELWITHSAIDCENTERLINEOFTUSTINSTREET;
THENCE, ALONG SAID PARALLEL LINE NORTH 01014'35" EAST, 50,00 FEET TOTHEINTERSECTIONOFTHENORTHERLYLINEOFAPARCELOFLANDINSAID
CHAPMAN AVENUE CONVEYED TO THE CITY OF ORANGE BY DEED RECORDED FEBRUARY 5,1959 IN BOOK 4576, PAGE 90, OFFICIAL RECORDS OF SAID COUNTY ANDTHEEASTERLYLINEOFDEEDRECORDEDAUGUST16, 1989 AS INSTRUMENTNO, 89-433849,OFFICIAL RECORDS OF SAID COUNTY SAID POINT BEING THETRUEPOINTOFBEGINNING
OF THIS DESCRIPTION;THENCE, CONTINUING ALONG SAID EASTERLY LINE, NORTH 01014'35" EAST 6.00 FEET TO A LINE PARALLEL WITH SAID CENTERLINE OF
CHAPMAN A VENUE,DISTANT 56,00 FEET NORTHERLY MEASURED AT RIGHT
ANGLES
FROM SAID CENTERLINE;THENCE, ALONG SAID PARALLEL LINE, SOUTH 88058'55" EAST 100,
00 FEET TO EASTERL Y LINE OF PARCEL "D" OF DEED RECORDED MARCH
3, 1997 AS INSTRUMENT NO, 19970109466, OFFICIAL RECORDS
OF SAID COUNTY;THENCE, ALONG SAID EASTERLY LINE, SOUTH 01014'35" WEST 6.00
FEET TO SAID NORTHERL Y LINE OF INSTRUMENT NO. 89-433849,
OFFICIAL
RECORDS OF SAID COUNTY;THENCE, ALONG SAID NORTHERLY LINE, NORTH 88058'55" WEST100.00 FEET TO THE
TRUE POINT OF BEGINNING.PARCEL "An CONTAINS AN AREA OF APPROXIMATELY 600 S.F,
OR 0.013 AC.IVACK\ WORDP\ \\'ORD61F1LES\ORAO 1 035\csmll3 86-04 J -16.
doc revised: 021071021:15 PM
CHAPMAN AVENUE AND TUST:!N STREET RiGHT-OF-WAYDEDICATIONEXHIBIT "B" PAGE 2
OF 3
PARCEL"B"THAT PORTION OF BLOCK "F" OF THE A. B. CHAPMAN TRACTSURVEYEDBYFRANKLECOUVREURIN1870ASSHOWNONAMAPRECORDEDINBOOK102PAGE15OFMISCELLANEOUSMAPS, RECORDS OFORANGECOUNTYCALIFORNIA, DESCRIBED
AS FOLLOWS:BEGINNING AT THE CORNER COMMON TO SECTIONS 29, 28, 32 AND33INTOWNSHIP4SOUTH, RANGE 9 WEST, SAN BERNARDINO BASEANDMERIDIAN,SAlD CORNER BEING THE NORTHWESTERL Y CORNER OF BLOCK "c" OF SAID CHAPMAN TRACT, SAID CORNER BEING THE CENTERLINEINTERSECTIONOFCHAPMANAVENUEANDTUSTINSTREET; THENCE, NORTHERLYALONGTHECENTERLINEOFTUSTINSTREET, NORTH 01014'35" EAST 200.00 FEET TOALINEPARALLELWITHSAlDCENTERLINEOFCHAPMANAVENUE; THENCE, ALONG SAlD PARALLEL LINE, SOUTH 88058'55" EAST, 50.00 FEET TOTHEINTERSECTIONOFTHEEASTERLYLINEOFAPARCELOFLANDINSAIDTUSTINSTREETCONVEYEDTOTHECITYOFORANGEBYDEEDRECORDEDFEBRUARY5, 1959 IN BOOK 4576 PAGE 90, OF OFFICIAL RECORDS OF SAID COUNTYANDTHENORTHERLYLINEOFDEEDRECORDEDAUGUST16, 1989 ASINSTRVMENTNO, 89-433849, OFFICIAL RECORDS OF SAlD COUNTY AND THE TRUEPOINTOFBEGINNINGOF
THIS DESCRIPTION;THENCE, ALONG SAID EASTERLY LINE, NORTH 0 I 014 '35" EAST 427.88 FEETTOTHENORTHERLYLINEOFPARCEL "D" OF DEED RECORDED MARCH 3,1997 AS INSTRUMENT NO, 19970109466, OFFICIAL RECORDS OF SAID COUNTY, ALSO BEING A POINT OF CUSP WITH THE BEGINNING OF A CURVECONCAVENORTHEASTHAVINGARADIUSOF1800.00 FEET, A RADIAL LINE TO SAIDBEGINNINGBEARSNORTH88045'
25" WEST;THENCE, SOUTHEASTERLY 131.48 FEET ALONG SAID CURVETHROUGHACENTRALANGLEOF04011 '06" TO THE BEGINNING OF AREVERSECURVECONCAVETOTHESOUTHWESTHAVINGARADIUSOF1800,00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 87003'29" EAST;THENCE, SOUTHEASTERLY 86.49 FEET ALONG SAID REVERSE CURVETHROUGHACENTRALANGLEOF02045' II" TO THE BEGINNING OF AREVERSECURVECONCAVETOTHENORTHEASTHAVINGARADIUSOF52.00 FEET, ARADIALLINETOSAIDBEGINNINGBEARSSOUTH89048'40" WEST;THENCE, SOUTHEASTERLY 21.12 FEET ALONG SAID REVERSE CURVETHROUGHACENTRALANGLEOF23016'04" TO THE BEGINNING OF AREVERSECURVECONCAVETOTHESOUTHWESTHAVINGARADIUSOF68.00 FEET, ARADIALLINETOSAIDBEGINNINGBEARSNORTH66032'36" EAST;THENCE, SOUTHEASTERLY 29.31 FEET ALONG SAID REVERSE CURVETHROUGHACENTRALANGLEOF24041'59" TOA LINE PARALLEL WITH SAID
CENTERLINEOF I\JACKI IVORDPI WORD6\FIL ESIORAO I 03;lesnuI386.041.
16.doc re\'ised: 02/0i/01 1:
15 PM printed: 02/07/02 I:
CHAPMAN AVElIIlJEAND TUSTIN STREET Rl:GHT-OF-
WAY DEDICATION EXHIBIT "B" PAGE 3
OF 3 TUSTIN STREET, DISTANT 70.00 FEET EASTERL Y MEASURED ATRlGHTANGLESFROM
SAID CENTERLINE;THENCE, ALONG SAID PARALLEL LINE, SOUTH 01014'35" WEST 59,92FEErTOTHEBEGINNINGOFACURVECONCAVETOTHENORTHWESTHA.. VING ARADIUSOF60,
00 FEET;THENCE, SOUTHWESTERLY 24.67 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 23033'24" TO THE BEGINNING OF AREVERSECURVECONCAVETOTHESOUTHEASTHAVINGARADIUSOF60,00 FEET, ARADIALLINETOSAIDBEGINNINGBEARSNORTH650]2'
01" WEST;THENCE, SOUTHWESTERLY 24,67 FEET ALONG SAID REVERSE CURVETHROUGHACENTRALANGLEOF23033 '24" TO A LINE PARALLEL WITH SAIDCENTERLINEOFTUSTINSTREET, DISTANT 60.00 FEET EASTERLY MEASURED ATRlGHTANGLESFROM
SAID CENTERLINE;THENCE, ALONG SAID PARALLEL LINE, SOUTH OPI4'35" WEST 53,38 FEETTOTHENORTHERLYLINEOFSAIDDEEDRECORDEDAUGUST16,1989ASINSTRUMENTNO. 89-433849, OFFICIAL RECORDS OF SAID COUNTY, SAIDLINEBEINGPARALLELWITHSAIDCENTERLINE
OF CHAPMAN AVENUE;THENCE, ALONG SAID PARALLEL LINE, NORTH 88058'55' WEST 10,00FEETTOTHETRUE
POINT OF BEGINNING.PARCEL "B" CONTAINS AN AREA OF APPROXlMA TEL Y 4,018 S.F. OR
0.092 AC.Legal Description prepared under
the supervision of:IVACK\ \VORDPI WORD6\FILES\ORAOI035\e'ml\3S6.0~ 1.16.doc revised: 02/07102
J :15 PM printed: 02/
EX IBIT "B"
SCALE:1"=100'
I-
w
w
a:.w
I-'n
I
25~
z I-
J
I-
u
cr
l-
i..>
Z "
0
0:<:": C>
u::;; 0100..
C> 60'Q)IU
U . ::w
Q)
lI)Z <
i. !"
ciTY
OF ORANGE
DEPARTMENT OF PUBLIC
WORKS ORANGE COUNTY, CALIFORNIA
N88'4S'2S"
W i U'C RAD) ""ow.~cr>r" ,
f J>" '
i\, 'i\\.OC'{...
I'O\<'
J \'
5
O~WI w"N87"
03'
29"E
P,R.C, (RAD)
G)
NORTHERLY LINE OF DEED
RECORDED FEBRUARY 5, 19S9 IN BOOK
4S76, PAGE 90,OFFICIAL RECORDS,o EASTERLY LINE
OF DEED
RECORDED FEBRUARY 5, 19S9 IN BOOK
4S76, PAGE 90,OFFICIAL RECORDS.Q) EASTERLY LINE
OF DEED
RECORDED AUGUST 16,1989 AS INSTRUMENT NO, 89-
433849, O.R.o NORTHERLY LINE OF
DEED RECORDED AUGUST 16,1989 AS INSTRUMENT NO.
89-433849, OR.son 4'3S"
W @EASTERLY LINE OF PARCEL "D" OF DEED 53.38' RECORDEDMARCH3, 1997 AS INSTRUMENT NO.L4 - -G?l
19970109466,
OFFICIAL
RECORDS.T.POB 4 @
NORTHERLY LINE OF PARCEL "D" OF DEED PARCEL ~B" I3\- IRECORDEDMARCH3, 1997 AS INSTRUMENT NO.J 19970109466, OFFICIAL RECORDS.PARCEL"
A ; ~so'C1 If)
t') ,S89'
48'
40"
W
P~
R.C~(RAD)-C3 _
N_6_6~~~~~'L
C4
P,R.C. (RAD)PARCEL "
B"S01'14'35"W
59.92'
CURVE C1 C2 C3
C4 CS
L1
I
L2: ~
I.
J
LINE
DATA
TABLE
LINE
BEARINGDISTANCE
L1 N01'14'
3S"E 6,
00'L2 N01'14'3S"E SO,
OO'L3S88'S8'SS"E 50.
00'L4 N88'S8'SS"W 10.
00'LS S88'S8'S5"E 1
00,00'L6 S01'14'3S"W 6.
00'L7 N88'58'SS"W 100,
00'CURVE DATA TABLE DEL TA RADIUS
LENGTH 04'11'
06" 1800,00' 131.
48'02'45'11" 1800,00' 86,
49'23'16'04" 52,00' 21.
12'24'41'59" 68,00' 29.
31'23'33'24" 60.00' 24,
67'6 D~f WORK DESCRIPTION CHAPMAN
AVENUE &
TUSTIN STREET
CRITICAL
INTERSECTION lOCATION 1803 & 1805 CHAPMAN AVENUE AND 179
TUSTIN STREET o Z 70't'i.6_5~
1XQ1..:'~_
C5
P.
R.
C, (RAD)P.O,B.
PARCELS A"& "B"33 o
T.P,O.
B,
lI) PARCEL "
A"
24S.00'N88'58'55"
W N88'58'
55"W
BASIS OF BEARINGS: CHAPMAN
AVENUE THE BEARING N88'S8'SS"W
AS THECENTERLINEOFCHAPMANAVENUEWASUSEDASTHEBASISFOR
THIS PLAT.VESTING:A.P. No. 386-041-
15 & 16
S,
P, No, 3361 P.M,
No, .BOOK PAGE~DRAWN ~ DATE 12/10/
01 CHECKED
2H!i.. DATE 12/13/01 RECORDINGDATE BOOK ~ PAGEFilE PREPARED BY: TRUXAW & ASSOCIATES, INC, (714)
935-0265 G:\D\ORAOIDJS\fSAlT\386-04HSI6.0WG 2-6-02 12:4S:S4 pm [51
EXHIBIT "C"
TEMPORARY CONSTRUCTION EASEMENT
FOR VALUABLE CONSIDERATION, THE UNDERSIGNED OWNERS HEREBY GRANTS
PERMISSION TO THE CITY OF ORANGE, ITS OFFICERS, EMPLOYEES, AGENTS, INVITEES,
AND EMPLOYED CONTRACTORS, HEREINAFTER COLLECTIVELY REFERRED TO AS CITY,
TO ENTER UPON, TO PASS AND REPASS OVER AND ALONG THAT PORTION OF ITS LAND
DESCRIBED AND SHOWN ON THE PLATS, ATTACHED HERETO AND BY REFERENCE MADE
A PART HEREOF, FOR THE PURPOSE OF PROVIDING ACCESS AND WORKING AREA FOR
GRADING AND FOR THE CONSTRUCTION OF THE STREET WIDENING OF CHAPMAN
AVENUE AND TUSTIN STREET; TO ENTER UPON, TO PASS AND REPASS OVER AND ALONG
SAID LAND AND TO DEPOSIT TOOLS, IMPLEMENTS AND OTHER MATERIALS THEREON BY
SAID CITY AND BY PERSONS UNDER CONTRACT WITH IT AND THEIR EMPLOYEES
WHENEVER AND WHEREVER NECESSARY FOR THE PURPOSES SET FORTH.
THIS PERMISSION IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS BEING
FULFILLED BY CITY:
A) UPON COMPLETION OF THE STREET WIDENING WORK, ALL SURFACE
IMPROVEMENTS SHALL BE RESTORED TO THE SAME GENERAL CONDITIONS AS
EXISTED PRIOR TO THE BEGINNING OF SAID CONSTRUCTION WORK.
B) CITY SHALL INDEMNIFY THE UNDERSIGNED AGAINST AND HOLD THE
UNDERSIGNED HARMLESS FROM ANY LOSS OF OR DAMAGE TO ANY PROPERTY,
OR INJURY OR DEATH OF ANY PERSON WHOMSOEVER, PROXIMATELY CAUSED IN
WHOLE OR IN PART BY NEGLIGENCE OF CITY OR BY ANY ACT OR OMISSION FOR
WHICH THE CITY IS LIABLE IN THE EXERCISE OF THE RIGHTS HEREIN GRANTED.
IT IS UNDERSTOOD THAT THE PERIOD OF USE OF SAID EASEMENT SHALL EXIST FOR A
PERIOD OF NO MORE THAN THREE CONSECUTIVE MONTHS, PROPERTY OWNER WILL BE
GIVEN AT LEAST A 20 DAY WRITTEN NOTICE BEFORE ANY CONSTRUCTION WORK MAY
COMMENCE UNDER THIS TEMPORARY CONSTRUCTION EASEMENT. THIS CONSTRUCTION
WORK MAY COMMENCE AS EARLY AS OCTOBER 4, 2004 OR THE DATE SET FORTH IN THE
CITY'S WRITTEN NOTICE, WHICHEVER OCCURS LATER. IN THE EVENT SAID ACTUAL USE
EXTENDS BEYOND THE PRESCRIBED PERIOD OF TIME AND SAID USE IS VERIFIED
THROUGH THE CITY'S CONTRACTOR LOGS, THE CITY SHALL PAY THE OWNER AT THE
RATE OF $2,510.00 PER MONTH PRORATED TO THE ACUAL DATE SAID ACTUAL USE
TERMINATES. IT IS ALSO UNDERSTOOD THAT THE PROPERTY OWNER SHALL ENJOY FREE
UNOBSTRUCTED USE OF THE TEMPORARY CONSTRUCTION AREA UNTIL SUCH TIME AS
THE DATE SET FORTH IN THE WRITTEN NOTICE AND THREE MONTHS THEREAFTER. THIS
EASEMENT SHALL BECOME NULL AND VOID AND SHALL TERMINATE UPON COMPLETION
OF SAID CONSTRUCTION AND IN ANY EVENT SHALL CEASE AND TERMINATE NOT LATER
THAN FEBRUARY 1,2006.
ORANGESQUARE,LLC
A CALIFORNIA LIMITED LIABILITY COMPANY
DATED BY
BY
N:\admin\tperez\temp construction easement-Orange Square Corp.
tAMltsl1 \I
CITY OF ORANGE
DEPARTMENT OF PUBUC WORKS
ORANGE COUNTY, CAUFORNIA
TEMPORARY CONSTRUCTION EASEMENT PLAT
SCALE:1'=20'
I
W
w
a: !-'-II 0
tn;;
I
20
z
0 !-'-
II 00 Ii)
l I
ru-
4--
f 34S.
00'N88"S8'SS"W N.
W.C. BLOCK "C"A.
B. CHAPMAN TRACT,N88"
S8'SS"W CHAPMAN
AVENUE TEMPORARY
CONS1RUCTION EASEMENT AREA = 729 SQUARE FEET VORK
DESCRIP1l0N lEMPORARY CONS1RUC1l0N EASEMENT OCA1l0N
1817 CHAPMAN AVENUE A.
P. No. 386-041-
13 S.P, No. 3361 P.M.
No, 'IfSllNG:BOOK PAGE -'------IRAWN -
fL. DAlE 3/12/02 Cl-iEO<ED SMH DAlE. RECORDING DATE BOOK ~ PAGE RLE
RE.cARED BY: TRUXAW &; ASSOCIATES, INC. (714) 935-0265 G:\O\O~01035\lCE\TCr.;86-041-13.0WG 3-12-02
EX IBIT "C"
CITY OF ORANGE
DE? AR1MENT OF PU8UC WORKS
ORANGE COUNTY. CAUFORNIA
TEMPORA.RY CONSTRUCTION, EASEMENT PLAT.
50' /
f~-----I'.
IN
N
K
I \
to 0.
I \
J.-.7- TEMPORARYCONSTRUCTION I ;. V,
EASEMENT
11 i. (
AREA = 5,903 SQUARE FEET)'I II~
I I
I ACQUIRED.u-
11 I11I,i.
T'
F.-
ww
a::
W
1-;'"Cf.)~
2
5J.
z I-
et.)
I-
SCALE:
1-=
100'ARCEL TO
BE t-'u
a::
I-
Jz
0
015: ~I
0<( 0
I: NCOu
cj'l-'-'
CD
in z..: ,...,I2928
32
C\
IIJ>.~
C'(J>.? '
r'
p..,
S. S\-OO>/...o
O\<" J \
S0'
2.iiI.APN 386-
047-15 &
76
24'1803 & 1805
CHAPMAN
A VENUE 179 TUSnN STREET
2'=in.o
0
Xl .
o
eo\!')Xl
z
60'
TEMPORARY
CONSTRUCTION
EASEMENT
33 N88'
58'
5S"
W CHAPMAN A VENUE
A P "lo.
386-041-15 & 16 p
No. 3361 P .M, No, 'WORK
DESCRIPllON TE.YPORARYCONS1RUCnON EASEMENT LOCA
llON 1803 & 1805 CHAPM AN AVENUE AND 179 'TUSTIN S1REET RnrM'
PAGE-,--VESTING:ORAWI>
L-~
DAlE3M/or CHECKED SMH DAft:. RFl'nliDlNG DAlE PREPARED BY:
TRUXAW & ASSOCIATES. INC. (714) 935~0265 BOOK PAr...
FILE D\9P,
J,OID.35\ rcE\ TCr385-041-ISf5,OWG 3-/2-02 /2:09:45 pm