RES-9030 Authorizing Acquisition of Real PropertyRESOLUTION NO, 9030
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE DECLARING THE PUBLIC INTEREST
AND NECESSITY OF ACQUIRING CERTAIN REAL
PROPERTYLOCATEDATTHENORTH~STCORNER
OF CHAPMAN AVENUE AND MAIN STREET AND
AUTHORIZING THE ACQUISITION THEREOF,
Owner of Record: Todd I. Schiffman
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 ~ ~. and California Government Code Sections 37350.5 and
40404.
5, The Property is located at the northwest comer of Chapman Avenue and Main Street 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: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,
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
re:quired 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.
ATTEST:
A~~4A~
City Clerk of the . of Orange
A
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: COUNCIL MEMBERS: SLATER, COONTZ, SPURGEON, ALVAREZ
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: MURPHY
ABSTAIN: COUNCIL MEMBERS: NONE
MEB
Reso No, 9030 2
EXHIBIT A
CITY OF ORANGE
DEPARTMENT OF PUBLIC WORKS
ORANGE COUNTY, CALIFORNIA
LEGAL DESCRIPTION
LEGAL DESCRIPTION FOR lHE PROPOSED WIDENING OF MAIN SlREET
A~RESS: 1407-1435 W, CHAPMAN AVENUE, ORANGE,
CALIFORNIA A ESSOR'SPAIRCELNUMBER:
039-313-017 n T PORTION OF PARCEL I, AS SHOWN ON A MAP FILED IN BOOK 41, PAGE 5 OF
PARCEL MAPS, IN 1HEClTY OF ORANGE, COUNlY OF ORANGE, STAlE OF CALIFORNIA,
DESCRIBED
AS FOLLOWS:PARCELA BEGINNING ATHIE MOST EASTERLY SOUIHEAST CORNER OF SAID PARCEL I
BEING 1lIE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUIHEASTERL Y HAVING A RADIUS OF 432.
91 FEET, A RADIAL UNE lHROUGH SAID POINT BEARS NORm 720 II' 12" WEST; 1HENCE,
NORllIEASTERL Y ALONG lHE EASTERLY LINE OF SAID PARCEL 1,30,00 FEET lHROUGH A CENTRAL ANGLE OF
030 58' 14"; llfENCE,LEAVING SAID EASTERLY LINE, SOUTH 48002' 31" WEST 41.71 FEET TO
lHE MOST EASlERL Y SOUlHERL Y LINE OF SAID PARCEL I; TIIENCE, SOUTH 890 04' 48" EAST ALONG SAID LINE
20,86 FEET TO
lHE
POINT OF BEGINNING,PARCELB lHESOUTHERLY 7,00 FEETOFlHE WESlERLY 122,00 FEET
OF SAID PARCEL 1.ALL AS SHOWN ON lHEAITACHED EXHIBIT "A " AND BY THIS REFERENCE
MADE A PART HEREOF.PARCEL I OF P,M,B. 4 II CONTAINS APPROXIMA lEL Y 175,178 S,F,
OR 4,021 AC.AREAS OF PROPOSED DEDICATION (pARCELS A & B) CONTAIN APPROXIMAlELY 1,145 S,F,
OR 0.
EXHIBIT A-
I TEMPORARY CONSTRUCTION
EASEMENT FOFt VALUABLE CONSIDERATION, THE UNDERSIGNED OWNER HEREBY
GRANTS PER:MISSION TO THE CITY OF ORANGE, ITS OFFICERS, EMPLOYEES, AGENTS,
INVITEES.AND EMPLOYED CONTRACTORS, HEREINAFTER COll.ECTIVEL Y REFERRED TO AS
CITY,TO ENTER UPON, TO PASS AND REPASS OVER AND ALONG THAT PORTION OF ITS
LAND DESCRIBED AND SHOWN ON EXHIBIT a-I 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 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 NEGUGENCE 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 " 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 $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
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CITY
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DEPARTMENT OF PUBUC
WORKS RANGE COUNTY, CAUrORNIA
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CHAPMAN
AVENUE. N.W.C MAIN STREET & CHAPMAN AVENUE.TING:
TODD 1 SCHlfTMAN. A SINGLE MAN A.P. No.
039-313-0,7 S.P. No. 3095 TRACT No.WN SDS DA
IT ~9L CHECKED SMH DA IT 4/
6/98 RECORDiNG DATE BOOK
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