RES-9147 Acquisition of Real PropertyRESOLUTION NO. 9147
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE DECLARING THE PUBLIC INTEREST
AND NECESSITY OF ACQUIRING CERTAIN REAL
PROPERTY LOCATED AT THE NORTHWEST CORNER
OF SPRING STREET AND PROSPECT AVENUE AND
AUTHORIZING THE ACQUISITION THEREOF.
Owner of Record: Beazer Homes Holdings Corp. and/or Shepherd Academic
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.
3. The Property is to be taken for a public use, namely for public park purposes and purposes
incidental or advantageous thereto.
4. The Property is to be acquired pursuant to the authority conferred upon the City of Orange to
acquire property for park purposes by eminent domain by California Code of Civil Procedure
Section 1230.010 and California Government Code Section 37350,5.
5. The Property is located at the Northwest comer of Spring Street and Prospect Avenue as is
more particularly described in Exhibit "A", which is attached hereto and incorporated herein
by this reference.
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
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 13th day of July, 1999.
ST:
City Clerk of the
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 13th day of July, 1999, by the
following vote:
AYES: COUNCIL MEMBERS: Murphy, Slater, Coontz, Spurgeon, Al varez
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
Reso No. 9147 2 dad
P.l/2
LeGAL. DI!SCRIPTICN
W.o.II04NOO
2IMAV.
lHOlSa PORTIONS OF LOTS 17 AND 11 OF 'THE G. HOWARO 1MOMPSON tRACT,IN THE
Cl1Y OF ORANGE. CDUNTY OF ORANG!, STAll! OF CALIFORNIA. AS SHOWN ON A MAP
n
IERS'dF RF4:;ORDEDIN BOOK 1. PAGE 22 01" R!CORI) aF 8URVIiYS. IN THE OFFICE OnHE
COUNTY RE!:ORDEROF MIC ORANGE COUNTY DEsCRIBEO AS FOLLOWs:PARen.
1 I IEGINNING
AT THE POINT all' lNT'ERUcnON OFTHa WEST UNI OF PROSPEcT Z..
FeETWIOEAS
SHOWN ONIofAPOFlMCT NO. 1*1, ~ID/N BOOK 8141'
AGIS D THRU 'ZTINCLUSIVE OF Ml8Cl!I.l..ANIo MAPS. wrfH THE NORTH UNE OF
THE SOUTH 7.00 FEET OF LOT 17 OF SAID Go HOWARD THOMPSON TRACT. AS eN
RECCRD OF SURVEY FUOCCRDED IN BOOK 111, PAGES ~ THRU 38 OF REC:>
RDSOF SURVliYS; THiNC& INiSTERI. V ALONG SAID NORTH LINE NORTH wsrwwar
1211.25IIEET MeR! OR LEaS 10 ITS IN.TERSECTlONV\IlTMA CURVE IN n1I!
EASTiRLV BOUNDARY OF THE LAND D!EDEDTOTH! SOUTHERN PACIFIC RALROAI)
COMPANV rrt OEED RECORDED JUNE %7, '"IN BOOK 510, PAGE 288. OF OE!
I)S OF LOS ANGaES COUNTY RECOReB. SAID EASTERLY BOUNDARY AlSO B&
ItlGTHE we tERlV BOUNDARY OF LOT 11 OF SAID 0. HOWARD THOMPSON TRAC:
T.8AID PCINT OF INT!RSECTIONEHG ON A CURVE IN SAIa BOUNCMY BEING CONCAVE
SOU'TH!ASTERf.Y AND HAVING A RADIUS OF 750.00 Fer. A RADIAL UNE OF
llM) CURVE TQ sAID !'OINT. eMS HOIUM 030$1'58" WEST: THENCI!NORTHlASTERLY ~
aNO THE SAlD!AS1Ifq.yIOUNClARY OF SAID DUD THROUGH A ceN'
f'IW. ANGU OF UO.Q'OI" AN ARe DISTANCE 011171.57FE~ neNCli TANGENT TO
eND CUftV! NORTH 38"...0B" EAST 488.77 FiaT TO THE BEGINNING OF A
P.c/2'
TANGENT CURVE CONCAVE NORTHWESTiRL Y AND HAVING A IW)IlJS OF 1025,00
FEET: :t'HENCE NO~y ALONG 8AIO CURVlTHROUOH A CeN'TRAL ANGLE
Cfl1Cl"SO"40" AN AAC DISTANCE Of 184.00 FEET TO A POINT OF INTERSECTION wmt
THE :SCUTH&ASTERLY UNE OF 'THE LAND D&EDED TO THE IountERN PACIFIC
COMPNtf BY DeED R&CORDED AUGUIT8. 1. IN IIOOK4n PACE 154.
RECORDS OF LOS ANG~ r:a COUNTY. SAID 8OlJ11oIEASTIRLY UN! A180 BEING THE
Wl!8TERLY UN! OF LOT 180F SAID a HOWARD'Tl4OMfI8ON TRACT. A RACIAL UNE
OF ~D CURVE TO SAID POINT BeARS SOUTH 81"02'32" fAST: 'THENCE AlONG SAID
SOUTH!ASTERI.'( LINE NORTH .0'2&"3" &Mr 1_ FEET: ~ LEAVING SAID
8CU1I4IWIT&R1.y'UNE. 8OUTH<W304'4r EAST 110.22 ,.Br;THiNCE SOUTH ..".TSV
i ;~~ FEET: lMENCE BOOTH 51"33'38" EAST 31.50 FEEr: THENCE SOUTH
2I.!l5'~ CAST 88.50 FEET: THENCE SCUTH 51'2&'31" eAST 38.00 FEET: THENCE
NORTH 86"3S'1S- EAST 4Z.'2 FEET: 't1iENCE NORTH .w25'1a" EAST77.n FEET:
THENCE NORiH ~G':M" EAST ..88 FEET: THENCE NORTH 80"38'33" EAST S7.5.
F!!:T: THENCE SOUTH 41"21'5" EAST 81.52 FeET: THENCE SOUTH 88"'38'58" fAST
SSJ~ fEET TO SAID WEST UNE OF PRO&peCT STREET: llil!NC:E SOUl1'lI!RL Y ALONG
SAIl!) WEST LINE OF PROSPECT STREE1: SOUTH ~1'04" WEST 700.91 FEET TO THE
POINT OF 1IEG.1NNING.