RES-9029 Authorizing Acquisition of Real PropertyRESOLUTION NO. 9029
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE DECLARING THE PUBLIC INTEREST
AND NECESSITY OF ACQUIRING CERTAIN REAL
PROPERTY LOCATED AT 1435-1449 WEST
CHAPMAN AVENUE AND AUTHORIZING THE
ACQUISITION
THEREOF.Owner of Record: Chapman and Main Center, A
Partnership 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.3. The Property is to be taken for a public use, namely for street widening 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 street widening purposes by eminent domain by California Code of
Civil Procedure Section 1230.010 .\1 ~. and California Government Code Sections 37350.5
and
40404.5. The Property is located at 1435-1449 West Chapman Avenue and is
more particularly described in Exhibits "A" and "A-I", and depicted in Exhibits "B" and "
B-1", which are 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 proj ect; and 4. That an offer has been made to the owner of record of the
Property pursuant to California Government
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
interests hereinabove described 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 of probable compensation
in accordance with California Code of Civil Procedure Section 1255.010.
Adopted the 10th day of November, 1998.
tA
ATTEST:
u-u~tci0~~City Clerk ofth . y 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 10th day of
November,1998, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:COUNCIL MEMBERS: SLATER, COONTZ, SPURGEON,
ALVAREZ COUNCIL MEMBERS:
NONE COUNCIL MEMBERS:
MURPHY COUNCIL MEMBERS:
NONE CA4~:t:!{d/~Jq~~/"-
Ad City Clerk ofth ity of
Orange
MEB Reso No. 9029
CITY OF ORANGE
DEPARTMENT OF PUBLIC WORKS
ORANGE COUNTY, CALIFORNIA EXHIBIT A
LEGAL DESCRIPTION
EGAL DESCRIP1IION FOR TIlE PROPOSED WIDENING OFMAIN' STREET
Dr'ESS: 1435 W. CHAPMAN AVENUE, ORANGE, CALIFORNIA
s:: :soR'SPARCELNUMBER: 039-
313-018 ~
m AND REFEJ<:RED TO HEREIN IS SITUATED INnIE aTY OF ORANGE, OOUNIY OF ORANGE, STATE
IF <...U.1FORNIA, ,AND IS DESCRIBED AS FOll.OWS:
BE SOUlHERLY 7.00 FEETOFlHE FOll.OWING DESOUBED LAND:
ARCEL2 OF PARCEL MAP NO. 81-774, AS SHOWN ON A MAP FILED IN BOOK 171, PAGE 50 OF
PARCEL rAPS, INlHE OFHCE OF mE COUNlY RECORDER OF ORANGE COUNlY,
CALIFORNIA.REA OF PROPOSlED DEDICATION CONTAINS APPROXIMAlEL Y 672 S.F. OR 0.015
AC.
r
LDFSC 1)(1,
TEMPORARY CONSTRUCTION EASEMENT EXHIBIT A-
I 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 EXHIBIT B-t,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 CHAPMAN
AVENUE; TO ENTJ:,R 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
BE!NG 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 O'ilVNER'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 $1,239.00 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 MAY
1, 2000.
DATED
OWNER
BY BY
RS/skb
CITY OF ORANGE
OEP ARlMENT OF PUBUC WORKS
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