RES-9557 Acquisition of Real Property 2245 W Chapman AvenueRESOLUTION NO. 9557
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE DECLARING THE PUBLIC
INTEREST AND NECESSITY OF ACQUIRING
CERTAIN REAL PROPERTY LOCATED AT 2245
WEST CHAPMAN AVENUE AND AUTHORIZING
THE ACQUISITION THEREOF.
Owner of Record: U1tramar, Inc.,
A Nevada Corporation
THE CITY COUNCIL OF THE CITY OF' ORANGE DOES HEREBY FIND,
DETERMINE, ORDER AND RESOLVE AS FOLLOWS:
I. 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. The Property is located at 2245 West Chapman Avenue, as is more particularly described in
the attached Exhibits "A", "A-I" and "B" and the attached temporary construction
easement,all of which are attached hereto and incorporated hemin by this
reference.6. 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:
I. That the public interest and necessity require the acquisition of the Property for the proposed
projl)ct;
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 inj ury;
3. That the Property is necessary for the proposed project; and
4. That:m offer has been made to the owner of record of the Property pursuant to California
Government Code Section 7267.2.
BIE: 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 22nd day of January, 2002.
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 22nd day of January,
2002, by the following vote:
AYES: COUNCILMEMBERS: SLATER, ALVAREZ, MURPHY, COONTZ, CAVECCHE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
lf4'.t <: < ~"7iCi:ZA:/...uA.:r
Cassandra J. Cath , City Clerk of the City of Orange
Reso No. 9557 2 dad
EXHIBJT A
ASSESSOR PARCEL NO. 39-3724/
9'DATE PREPARED: 11116/
94 PREPARED BY: Yeiichiro Kobayashi, P.E.
24202 THAT CERTAIN REAL PROPERTY SITUATED IN ~'11"E STATE OF CALIFOR."ITA,COUNTY OF ORANGE, CITY OF ORJ\NGE, DESCRIBED AS
FOLLOWS;All.. THOSE PORTIONS OF LOTS 19 AND 20 OF TRACT NO. 1277, AS SHOWN ONAMAPRECORDEDINBOOK39, PAGE 12 OF MISCELLANEOUS MAPS, RECORDSOFSAIDORAJ'\lGE COUNTY, DESCRIBED .AS
FOLLOWS:PARCEL
I THE SOUTH 10.00 FEET OF SAID LOTS 19 AND
20.PARCEL
2 BEGINNING ATT'".dEINT'".t:.RSECTION OF THE NORTH LINE OFABOVE-DESCRIBED PARCEL 1 AND TIIE WEST LINE OF SAID LOT20; THE1'\lCE, ALONGSAIDWESTLINENORTH0051' 19" EAST (NORTH 00 IT40. E<\ST PER TRACT NO. 1277) 16.00 FEET; THENCE, SOUTH 44006' 46" EAST 22.64 FEt:.l", MORE OR LESS, TOAPOINTINSAIDNORTHLINEOFPARCEL1, DISTANT EASTJ=-RLY 16.00FEETMEASUREDALONGSAIDNORTHLINEFROMSAIDPOINTOFBEGINNING; THENCE, ALONG SAID NORTH LINE NORTH 890 04' 51" WEST 16.00 FEET TO SAIDPOINT
Il:MPUKAKY {;UN::i I KU{; liON l:A::il:MENf
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
EXHIBIT .A-1", ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF, FOR
THE PURPOSE OF PROVIDING ACCESS AND WORKING AREA FOR THE CONSTRUCTION OF
THE STREET WIDENING OF WEST CHAPMAN AVENUE; TO ENTER UPON, TO PASS AND REPASSOVERANDALONGSAIDLANDANDTODEPOSITTOOLS, IMPLEMENTS AND OTHER MATERIALS
THEREON BY SAID CITY AND BY PERSONS UNDER CONTRACT WITH IT AND THEIR EMPLOYEES,
WHENEVER tWD WHEREVER NECESSARY FOR THE PURPOSES SET
FORTH.fHlS PERMISSION IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS BEING FULFILLED
BY
ITY:A) UPON COMPLETION OF STREET WIDENING WORK, ALL
SURFACE IMPROVEMENTS SHALL BE RESTORED TO THE SAME
GENERAL CONDITIONS AS EXISTED PRIOR TO THE BEGINNING OF
SAID CONSTRUCTION
WORK.EI) 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.C) THE CITY SHALL UTILIZE THE TEMPORARY
CONSTRUCTION EASEMENT IN A MANNER THAT SHALL ENSURE DIRECT
ACCESS ONTO CHAPMAN AVENUE FROM AND TO THE OWNER'
S PROPERTY IS OPERATIONALLY ACCESSIBLE DURING
THE PERIOD OF THE TEMPORARY CONSTRUCTION EASEMENT
AND THAT ACCESS TO ALL GAS PUMPS IS
MAINTAINED.IRRESPECTIVE OF THE TEMPORARY
CONSTRUCTION EASEMENT. THE OWNER RECOGINZES THAT ACCESS
TO CHAPMAN AVENUE WILL BE ALTERED AND
OTHERWISE RESTRICTED DUE TO THE ACTUAL STREET WORK
AND RECONSTRUCTION OF THE DRIVEWAY APRON AND
SIDEWALK THAT OCCURS ADJACENT TO OWNER'S
PROPERTY.IT IS UNDERSTOOD THAT THE PERIOD OF USE OF SAID EASEMENT SHALL EXIST FOR A
PERIOD OF NO MORE THAN 4 MONTHS AND SHALL COMMENCE WITH THE FIRST ENTRY ON OWNER'S PROPERTY BY CITY'S CONTRACTOR. IN THE EVENT SAID ACTUAL USE EXTENDS BEYOND
THE PRESCRIBED PERIOD OF TIME AND SAID USE IS VERIFIED THROUGH THECITY'S
CONTRACTOR OGS, THE cln' SHALL PAY THE OWNER AT THE RATE OF $757.67 PER MONTH PRORATED TO
THE CTUAL DATE SAID ACTUAL USE TERMINATES. THIS EASEMENT SHALL BECOME NULL AND
VOID NO SHALL TERMINATE UPON COMPLETION OF SAID CONSTRUCTION AND IN ANY EVENT
SHALL EASE AND TERMINATE NOT LATER THAN APRIL 1,
2004.DATED
OWNER:
BY:
CITY- OF ORANGE
DEPARlMENT OF PUBUC WORKS
ORANGE COUNTY, CALlFORNIA
J-:,
ifi
81
I
i
I
v
0
ll..~ :
EXHIBIT
B
I
Il.s ~
II" [
b
ll:8
IJ.
J
8
50' ~TRACTNO.
t
I
1277
M.M~
38/
12
1.0T 20 1.0T
18 Il.s 1.0T 1B II"III ~0: ~l!.J ~
8
26.
ct7
Ai:?C=
L
211.,
P.O.B.PCL
2 L N44.
06'46.
H
22.64' ~ PA.~C~I
I ~N C7C1.&;" J...t 1/
4.06._"_I Sli'10.00'N
8'1.04'
51" hi
150.06'N 8Q.S830' hi r-r::R TR.. NO. /277)If)q;Cl-fAi=HAN
A.
yo-=:
N
8'
1.04'5" H
N 8CJ.S8 '3crhi P:
3R TR.. N::J. (277)11 lij J FJ'{I ~WORK
DESCRIPTION
FEE
LOCATION
2245
CHAPMAN
AVENUE
VESTING u:.. T'
Fi:AHAR A.P.
No_ 05cr-572-:Yi S.
P. No.TRACi No.DRAWN
H.TXDATE 1IP.4 CHECKED~
DATE~RECORDING DATE _BOOK_"AGi:_:;L::300K_PAGE
CiTY OF O.RP.~NGE
DEPlillrMENT OF PUBUC WORKS
ORANGE COUNT~-.
ClIl1F~
RNIA EX
HI B IT A-ITEMPORARyCONSTRUCTIONEASEMENT ,
I
1-:'
I)
Q'
S:~
C,
c:~
1
30'
APN 039-
372-09 2245 W. CHAPMAN
A
veNUE
ULTRAMAR
II J emporory
Construction j Easement (Area = 2649
sf)\ I
I ,
I IJ
I !
I
I
I1 __ __.~_.________ ______
L__~~tobeA~~ired ~__ ~ _____~______
CHAPMAN AVENUE
a
l
II
Gj
2:
5I
V)WORK
DESCRIPTION TEMPORARY CONSlRUCTlON EASEMENT LOCATION
2245 W. CHAPMAN A VE:NUEVt.::>
IINGUL lRAMAR I .
J!, DRAWN D_AS DATI: 3/0DCHECKED 80S DATI: 3/00 RECORDING DATI: _BOOK_PAGE A.
P. No. 039-372-
09 s.P. No. 3097 TRACT
No.BOOK_~
AGE