RES-9455 Resolution Not AdoptedCity of Orange
Public Warks Department
Memo
To:Cassandra Cathcart - City Clerk Robert
Stolhand - Real Property Representative :;!.I~March 8,
2002 Resolution No,
9455 From:Date:
Re:
The
above
referenced Resolution of Necessity of Acquiring Real Property will not proceed since an
agreed settlement was reached with the property owner and escrow has now closed.There will
be no further action concerning this Resolution.Location: 1708 -
1724 West Chapman Avenue Dc t,;~Pnnted
on
Recycled Paper N:\DPWFORMSIGENERALFlMEMOFORM.DOC
RESOLUTION NO, 9455
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE DECLARING THE PUBLIC
INTEREST AND NECESSITY OF ACQUIRING
CERTAIN REAL PROPERTY LOCATED AT 1708-
1724 WEST CHAPMAN AVENUE AND
AUTHORIZING THE ACQUISITION THEREOF.
Owner of Record: 1708-1724 West Chapman
LLC 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 Grange
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, including the temporary construction easement, is located at 1708-
1724 West Chapman Avenue, as is more particularly described in the attached exhibits, all of
which are attached hereto and incorporated herein by
this reference.6. An Environmental lrnpact Report for the Chapman Avenue widening was
prepared and certified in 1992 and no substantial changes have occurred with respect to
the circumstances and project under which the 1992 EIR
was certified.7. No new information has become available, which was not known and could not
have been known at the time the 1992 EIR was certified, that would result in any new
significant effects from
the project.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
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:
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 24th day of July, 200 I.
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 24th day ofJuly, 2001, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS: SLATER. ALVAREZ. MAYOR MURPHY. COONTZ, CAVECCHE
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
r:Cassandra
J. Cathc , ity Clerk of the City of Orange Reso
No. 9455 2 dad
EXHIBIT A
l that ceY~ain land si~uated in the State of Californiol County
of Orange, City of Orange, described as follows:
Those portions of the Northeast quarter of Section 36, Township 4
South, Range 10 West, in the land alloteed to Abel Stearns, -
as
described
in the Final Decree of Partition of the Rancho Santiago de
Santa Ana which was entered September 12, 1868 in Book "B", page 410
of Judgements of the District Court of the 17th Judicial District
in and for Los ~~geles County, California, described as follows:
Parcell:
The
South 5.00 feet of the North 45.00 feet of the following descrlb'
ed land:Beginning
at the Northeast corner of Tract No, 2192, as shown on a MaD
recorded in Book 60, page 44 of Miscellaneous MaDS, records of Or~
nge County, California; thence, along the Northerly extension of the
Easterly line of said Tract North 00 53' 22" East (N -00 00' 17"W
per Tract No. 2192) 267.00 feet to the Northeast corner of said Section
36; thence, along the North line of said Section North 890 04'
51" West 278,00 feet; thence South 00 53' 22" West 267.00 feet to
the Northerly. line of said Tract; thence South 890 04' 51" East 278.
00 feet to the point of beginning.Excepting
therefrom
the East 30.00 feet.Parcel 2:
Beginning at
the Southeast corner of the abovedesc~ibed Parcel 1,salO corner
oe2.ng l:ne lDCerSeCl:lOn OL d .l.lne para.!.l.e.L W.l.L.ll d..11U distantWesterly
30.00 feet measured at right angles from said Northerly extension
of the Easterly line of said Tract No. 2192,with a
line parallel with and distant Southerly 45.00 feet measured at right
angles from said North line of Section 36, said North line being also
the centerline of Chapman Avenue as shown on said Trace No. 2192;
thence, along the South line of said Parcel 1, North 890 04' 5111
West. 13.00 feet; t.hence, South 440 051 44" East 18.39 feet to a
point in said line parallel with the Northerly extension of the Easterly
line of said Tract No. 2192; thence, along said parallel line
North 00 53' 22" East 13.00 feet to the point of be9inni.ng.
Excepti.:1~
f=-om Pc.~cels ~I C.nc 2 I :''::~se ce::-:'2.inp3.:::-cels of lane.QeSC~iDed ~n
Deecs to the Ci~y of O~a~ge =-ec~~ded July 15, 1966 in n , 7Qe' ?6'
and' .......=......",.....O~~,.-; 1'ID.......~' --.-" , '_.'J8!:; ~~ ~_'ns'...r_~~"""..,~_n~ .Nn.QOr:. __..:.., pa?e -: o~_.._ ..;...__~.:.... __..-----..:.. _ -' '-_ _"'..... v 65-~
3068~ both or
OrIlclc.
l Reco~cs.
5.
00'CITY
OF ORANGE DEPARTMENT
OF PUBLIC WORKS ORANGE
COUNTY, CALIFOlTh'IA f
CHAPMAN
AVE.N
89'04'5/" W(N 89'58'30" W EXHIBIT
PER
TR. NO. 2/92 o
It)
N
89'04'5/" W 233.00'N
89l14'5/- W
PARCEL
1
J 235.
00'It) /3.
00'N 44VS'
44 W 8.39'
PARCEL 2
WORV; DESCRI~
IIO/; FF~ - 12/2 sf LOCAIION 1108 - /124
W. CHAPMAN A~S.P. No.VE511i'1~ /108- i
724W CHAPMAN LLC DRAWN MJK. D;E
11/94:HECKED y.K. DATE 11/94RECORDING DATE BOOK M.M. 60/44)
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PAGE
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FILE
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. HEREINA",TERCOLLECTIVELYREFEFi., .-"0 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 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 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 T OR
O~1ISSI0~1 FOR "'I.lICH TIH;: Cln' I~ LIABLE I~J TIIC 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 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 THE CITY'S
CONTRACTOR LOGS, THE CiTY SHALL PAY THE OWNER AT THE RATE OF $2,597.00 PER MONTH
PRORATED TO THE ACTUAL DATE SAID ACTUAL USE TERMINATES. 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 APRIL 1.
2004.DATED OWNER
BY 1708-
1724
WEST CHAPMAN, LLC BY
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