RES-9526 Acquisition of Real Property at 2345 W. Chapman AvenueRESOLUTION NO. 9526
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE DECLARING THE PUBLIC
INTEREST AND NECESSITY OF ACQUIRING
CERTAIN REAL PROPERTY LOCATED AT 2345
WEST CHAPMAN AVENUE AND AUTHORIZING
THE ACQUISITION THEREOF.
Owner of Record: TOSCO Corporation
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 2345 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:
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 ofCivij Procedure Section 1255.010.
ADOPTED this 23rd day of October, 2001.
ATTEST:
kp~~(!,q4/AfAX-
Cassandra J. Ca , 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 23rd day of October, 2001,
by the following vote:
AYES: COUNCILMEMBERS: Slater, Alvarez, Murphy, Coontz, Cavecche
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
C:uAPAA'~~--9: (!U~ ~
Cassandra J. Cathc , City Clerk of the City of Orange
Reso No. 9526 2 dad
EXHIBIT A
P.oSSESSOR .PARCEL NO. 39-371-
22 DATE PREPARED:1/16/
94,PREPARED BY:
Y -- ..
K b hi P]:: 2L!')0?ellcmro 0 ayas., ._. ,__
THAT CERTAIN REAL PROPERTY SITIJAr.cD IN THE STATE OF CALlFORNIA,COUNTy OF ORANGE, CITY OF ORANGE, DESCRIBED AS FOLLOWS:
AlL THOSE PORTIONS OF LOTS 23 AND 24 OF TR.A.CT NO. 1277, AS SHOWN ON AMAPRECORDEDINBOOK39, PAGE -J2 OF MISCELLANEOUS MAPS, RECORDS OFSAIDORANGECOUNTY, DESCRIBED AS FOLLOWS:
PARCEL I
TIib SOUTH 10.00 FEET OF SAID LOTS 23'AND 24.
PARCEL 2
BEGINNING AT THE IN'r.z::.RSECTION OF THE NORTH LINE OF ABOVE-DESCRlBED PARCEL 1 AND THEW""1::ST LINE OF SAID LOT 24; THENCE, ALONG SAIDWESTLINENORTHO. 53' 59" EAST (NORTH 00 02' 20" EAST PER TRACT NO. 1277) 18.00.FEET; THENCE, SOUTH 44 0 05' 26" EAST25.46 FEeL, MORE OR LEsS, TO APOINTINSAIDNORTHLINEOFPARCEL1DISTANTEASTERLY18.00 FEETMEASUREDALONGSAIDNORTHLINEFROMSAIDPOINT "OF BEOINNING;1'HENCE,. ALONG SAIDNORT.cl LINE NORTB: 890 04' 51" W'.cST 18_00 FEET TO SAID POINTOF
BEGINNING.EXCEPTING FROM ABOVE-D~CRIBED PARCELS 1 AND 2, THATCERTAINPARCELOFLANDASDESCRIBEDINAD~ TO rHE CITY OFORANGERECORDEDOCTOBER14, 1970 IN BOOK 9431, PAGE 478 OF OFFICIAL RECORDSOFSAID
TEMPORARY CONSTRUCTION EASEMENT
FOR VALUABLE CONSIDERATION, THE UNDERSIGNED OWNERS HEREBY GRANTSPERMISSIONTOTHECITYOFORANGE, ITS OFFICERS, EMPLOYEES, AGENTS, INVITEES,AND EMPLOYED CONTRACTORS, HEREINAFTER COLLECTIVELY REFERRED TO AS CITY, TOENTERUPON, TO PASS AND REPASS OVER AND ALONG THAT PORTION OF ITS lANDDESCRIBEDANDSHOWNONTHEEXHIBIT "A-1", ATTACHED HERETO AND BYREFERENCEMADEAPARTHEREOF, FOR THE PURPOSE OF PROVIDING ACCESS AND WORKINGAREAFORTHECONSTRUCTIONOFTHESTREETWIDENINGOFWESTCHAPMAN- AVENUE; TO ENTER UPON, TO PASS AND REPASS OVER AND ALONG SAID lAND AND TODEPOSITTOOLS, IMPLEMENTS AND OTHER MATERIALS THEREON BY SAID CITY AND BYPERSONSUNDERCONTRACTWITHITANDTHEIREMPLOYEESWHENEVERANDWHEREVERNECESSARYFORTHEPURPOSESSET
FORTH.THIS PERMISSION IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONSBEINGFULFILLEDBY
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 FORAPERIODOFNOMORETHAN4MONTHSANDSHALLCOMMENCEWITHTHEFIRSTENTRYONOWNER'S PROPERTY BY CITY'S CONTRACTOR. IN THE EVENT SAID ACTUAL USEEXTENDSBEYONDTHEPRESCRIBEDPERIODOFTIMEANDSAIDUSEISVERIFIEDTHROUGHTHECITY'S CONTRACTOR LOGS, THE CITY SHALL PAY THE OWNER AT THE RATE OF $559.92 PER MONTH PRORATED TO THE ACTUAL DATE SAID ACTUAL USE TERMINATES. THIS EASEMENT SHALL BECOME NULL AND VOID AND SHALL TERMINATE UPON COMPLETIONOFSAIDCONSTRUCTIONANDINANYEVENTSHALLCEASEANDTERMINATENOTLATERTHANAPRIL1,
2004.DATED
OWNER
BY
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