RES-9494 Acquisition of Real Property at 1809 W. Chapman AvenueRESOLUTION NO. 9494
A
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE DECLARING THE PUBLIC INTEREST
AND NECESSITY OF ACQUIRING CERTAIN
REAL PROPERTY LOCATED AT 1809 WEST
CHAPMAN AVENUE AND AUTHORIZING THE
ACQUISITION THEREOF.Owner
of Record: Lou Adray and Sons,A
General Partnership 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, including the temporary construction easement, is located at 1809 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 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: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 14th day of August, 2001.ATTEST:
range
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 14th day of August, 2001,by
the following vote:AYES:
COUNCILMEMBERS: SLATER, ALVAREZ, MAYOR MURPHY, COONTZ, CAVECCHE NOES:
COUNCILMEMBERS: NONE ABSENT:
COUNCILMEMBERS: NONE ABSTAIN:
COUNCILMEMBERS: NONE Reso
No. 9494 2 dad
EXHIBIT A
ASSESSOR PARCEL NO. 39-
321-47 DATE PREPARED: J 1/
21/94 PREPARED BY: Yeiichiro Kobayashi, P.
E. 24202 mAT CERTAIN REAL PROPERTY SITUATED IN THE STATEOFCALIFORNIACOUNTYOFORANGE, CITY OF ORANGE, DESCRIBED
AS FOLLOWS:ALL TI:IAT PORTION OF PARCEL 1, AS SHOWN ONEXBIBIT "B" ATTACHEDTOLOTLINEADJUSTMENTLL87-13 RECORDED SEPTEMBER 21, 1987ASINSTRUMENTNO.87-532189 OF OFFICIAL RECORDS OF SAIDORANGE
COUNTY, DESCRIBED AS FOLLOWS:THE NORTH 10.00 FEET OF THE SOUTH 50.00 FEET OFTHOSEPORTIONSOFLOTS ~2 AND 3 OF THE LOCKHART TRACT, AS SHOWN ON AMAPRECORDEDINBOOK4, PAGES 512 AND 513 OF MISCELLANEOUS RECORDSOFLOSANGELESCOUNTY,CALIFORNIA, LYING WITI:
IIN ABOVEDESCRIBED PARCEL 1.CONTAINING AN AREA OF 3,510 SQUARE
FEET,
MORE OR
LESS.
DEPARTMENT OF PUBUC WORKS
ORANGE COUNTY, CALlFORNIA
uj
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EXHIBIT B ~ ~
N'LYLlNEOF
SOfJTN 250' OF
LOTS 24 :3
LOT LiNE ADJUSTMENT NO_
11"
E'L Y
LINE') ; uj
OF LOT :3 ~
Ill~
I:tN .
I~ LOT 2 OF THE
a/S)
LOC}(HART TRACT
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I 4/512J.513 MRLA-
C.LL
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13
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F:B
CE'LYLlNEOF rEST
245'OFE 1/2 OFS
1/2 OF
LOT 5 PORTiON OF
PORTiON
OF
III .
m LOT 3 OF
TH~LOC}(HART
TRACT 4/512J.513
MRLA-C.N 8<1"04'
51" hi225.02'
550.'1'1' --.....125.<{
7' _j;'- 225.02"
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5830" H1'5< R5 f~8)i EN3EMENT FOR STREET FVRPO:;'::~ IN FAVOR OF.J
CITY
OF 0R.ANeE r~ INSiR. NO. 57-388876
WORK DESCRI?TION FEE 0 11 lJ 1
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1LOCATION
leoqCHAPMAN
A
V-:::
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TRACT
No.A.P.
No. 03Q-521-47 S.P. No.VESTING
ADRA Y BOOK DRAWN
H.T.K.
DATE If/<!4
CHECKED
Y.K. DATEIf/<!4 RECORDING DATE BOOK PAGE"IcE DAGE_
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 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 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 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 $2,924.
17 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 LOU ADRA Y AND
SONS,A GENERAL
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