RES-9489 Acquisition of Real Property 1818 W. Chapman AvenueRESOLUTION NO. 9489
A
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE DECLARING THE PUBLIC INTEREST
AND NECESSITY OF ACQUIRING CERTAIN
REAL PROPERTY LOCATED AT 1818 WEST
CHAPMAN AVENUE AND AUTHORIZING THE
ACQUISITION THEREOF.Owner
of Record: John T, Merrick and Lynne Merrick,
husband and wife as joint tenants 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 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, including the temporary construction easement, is located at 1818 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 Impact 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 proposed project;
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:
1. 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, 2001.
ATTEST:
W~AU~
Cassandra J. C cart, City Clerk of the City of Orange
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 of July, 2001, by
the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
SLATER, ALVAREZ, MAYOR MURPHY, COONTZ, CAVECCHE
NONE
NONE
NONE
Reso No. 9489 2 dad
EXHIBIT A_ .
ASSESSOR PARCEL NO. 390-
241-10 DATE PREPARED: 12/
2/94 PREPARED BY: Yeiichiro Kobayashi, P.
E. 24202 THAT CERTAINREAL Pl<.OPERTY SITUATED IN THE STATE
OF CALIFORNIA COUNTY OF ORANGE, CITY OF ORANGE, DESCRIBED
AS FOLLOWS:THE SOUTH 5.00 FEET OF THE NORTH 45.00 FEET OF THAT PORTION
OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 4 SOUTH, RANGE
lOWEST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED
AS FOLLOWS:BEGINNING AT THE NORTHWEST CORNER OF TRACT NO. 2192, AS SHOWN
ON A MAP RECORDED IN BOOK 60, PAGE 44, MISCELLANEOUS MAPS, RECORDS
OF SAID ORANGE COUNTY, THENCE SOUTH 89. 58' 30" EAST 100.00 FEET
ALONG THE NORTHERLY LINE OF SAID TRACT; THENCE NORTH O. 00' 17" WEST 267.
00 FEET TO THE NORTHERLY LINE OF SAID SECTION 36 THENCE NORTH 89. 58'
30" WEST 100.00 FEET ALONG SAID NORTHERLY LINE TO THE NORTHWEST
CORNER OF LAND DESCRIBED IN THE DEED TO ELIZA A. TAYLOR RECORDED
DECEMBER 22,1881 J1Il BOOK 84, l'AGJ::, 340 UJ:- UJ::.bU:i, K.bCUKJJ:iUJ:- LV:i ANG.l:.LJ::.:i CUUNl Y,
CALIFORNIA, THENCE SOUTH O. 00' 17" EAST 267.00 FEET ALONG THE WESTERLY
LINE OF SAID LAND OF TAYLOR TO THE POINT OF BEGINNING.
CONTA.J:NrnG AN AREA OF 500 SQUARE FEET, MORE OR LESS.
l;;;):jI~/dz
eiichiro Kobayashi /
I
1'.E. 24202
J
CITy O.F ORi'v~GE
DEP.~TMENT OF PUBUC WORKS
ORANGE COUN1Y, CALIFORNiA
CHAPMAN AVE.
N 89.04'51" W (N 89'58'30' W
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5.00'
N.W. COR.
m. 2192
60/44 M.M.
EXHIBIT B
PDt TR. NO. 2192 MM. 60/44)
N 89'04'51' W j 100.00'N 89'
04'51' Wt 5.00'100.
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P. No.
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1-10
WORK
DESCRIPTION
FEE
S.P. No.LOCATION1818CHAPMANAVE:
NUE VESTING MERRICKJOHN/L YNNE DRAWN 11.T.
K. DATE tl/94CHECKED Y.
K. DATE 11 /94RECOROING DATE lRACT No.BOOK_PAGE_BOOK PAGE FILE
LAHIBIT B
TEMPORARY CONSTRUCTION EASEMENT
FOR
VALUABLE CONSIDERATION, THE UNDERSIGNED OWNER 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 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 ftNY PROPERTY, OR INJURY OR DEATH OF
ANY PERSON WHOMSOEVER, PROXIMATELY CAUSED IN
WHOLE OR IN PART BY NEGLIGENCE OF CITY OR BY Am
ACT OR OMISSION FOR WHICH THE CITY IS LIABLE IN THE
EXCRClse or TIle I1IGIITG IICREIN GRAlffED.
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 $262.00
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
O\-\'NER BY JOHN
T.
MERRICK BY LYNNE
MERRICK
CITY OF ORANGL
DEPARTMENT OF PUBLIC WORKS EXH I B IT AL-l ORANGE COUNTI,
CALIFORNIA JEMPORARY
CONS1RUCTIONEASEMENT
f'CHAPMAN
AVENUE
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V)WORK DESCRIPTION TEMPORARY CONSTRue nON EASEMENT A.P. No.
390-241-10 S.P. No.
3097 TRACT No.LOCATION 1818
W.
CHAPMAN AVENUE Q::I VESTING MERRICK JOHN/
L
YNNE BOOK PAGE______DRAWN a.A.s. DATE 3100 CHECKED B.S. DATE 3/00 RECORDING DATE