RES-8735 Acquisition of Certain Real PropertyRESOLUTION NO. 8735
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE DECLARING REAL PROPERTY LOCATED
AT 440, 444 and 452 SOUTH MAIN STREET NECESSARY FOR PUBLIC
PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF.
THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY FIND,
DETERMINE, ORDER AND RESOLVE AS FOLLOWS:
Section 1: The City of Orange is a municipal corporation located in the County of
Orange, State of California.
Section 2: The property hereinafter described is to be taken in fee simple absolute
unless a lesser estate is described for a public use, namely, for street purposes and purposes
incidental or advantageous thereto, pursuant to the authority conferred upon the City of Orange
to acquire property by eminent domain by Government Code Sections 37350 et seq., including
but not limited to Sections 40401 and 40404, and by Code of Civil Procedure Sections 1230.010
et seq. ("Eminent Domain Law"), including but not limited to Sections 1240.010, 1240.020,
1240.110 and 1240.120.
Section 3: The property to be taken is located in the City of Orange and is more
particularly described in Exhibit "A" attached hereto and as set forth below.
Said property is commonly referred to as 440, 444 and 452 South Main Street, Orange,
California. The owner of such property is herein after referred to as the "owner of record".
a. The City will be acquiring the owner of record's fee interest in Parcell of Exhibit
A".
b. The City wiII be acquiring the owner of record's reciprocal easement interests in
Parcels 2-9 of Exhibit "
A".c. The City will be acquiring the owner ofrecord's alley easement interests in Parcel
10.Section 4: The governing body of the City of Orange has found and determined,
and hereby finds and determines
that:a) The public interest and necessity require the proposed
project;b) 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;c) The property hereinabove described is necessary for the proposed proj ect;
d) The offer required by Section 7267.2 of the Government Code has been made to
the owner of record.
Section 5: The City Council of the City of Orange hereby authorizes and directs the
City Attorney to take alI steps necessary to institute and prosecute proceedings in a court of
competent jurisdiction to acquire the property interests hereinabove described by eminent
domain.
Section 6: The Director of Finance is 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 this 25th day of March 1997
ATTEST:
i1A..
uA .iJA~(hf- ~./'~-:::e-City
Clerk ofthe lty 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 rneeting thereof held on the 25th day of
March ,1997, by the following vote:AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL
MEMBERS: MURPHY, COONTZ, SPURGEON, ALVAREZ COUNCIL
MEMBERS: NONE COUNCIL
MEMBERS: SLATER COUNCIL
MEMBERS: NONE AA.
MA-iJ""'ti U;r -A~
City Clerk 0 e City of Orange
Reso No. 8735 2,DAD:dg
EXBIBIT"A"
Parcell:
That portion of Lot 81 of Tract No. 1629 in the City of Orange, County of Orange, State
of California, as shown on the map filed in Book 49, Page 10 of Miscellaneous Maps in
the office of the County Recorder of said County, described as follows:.
Beginning at the intersection of the Easterly line of said Lot 81 and a line parallel with
and Northerly 150.00 feet frorn the Southerly line of said Lot 81; thence North 89003'30"
West 37.00 feet along said parallel line to a line parallel with and Westerly 37.00 feet
from said Easterly line; thence North 0058'43" East 32.36 feet along last said parallel line;
thence North 2036'55" East 67.67 feet to a line parallel with and Northerly 250.00 feet
from said Southerly line, and the TRUE POINT OF BEGINNING of this description;
thence continuing North 2036'55" East 50.02 feet to a line parallel with and Northerly
300.00 feet from said Southerly line; thence South 89003'30" East 28.64 feet along last
said parallel line to a line parallel with and Westerly 5.00 feet from said Easterly line;
thence South 0058'43" West 50.00 feet along said last parallel line to said line being
parallel with and Northerly 250.00 feet from said Southerly line; thence North 89003'30"
West 30.07 feet along last said parallel line to the true point of beginning.
The bearings shown hereon are based on the bearing between Orange County Surveyor
Horizontal Control Station G.P.S. No. 3105 and Station G.P.S. No. 3108 being North
89026'38" East as based on the California Coordinate Systern, (CCS83), Zone VI, 1983
NAD (1991.35 Epoch O.C.S. Adjustment) per records on file in the office of the Orange
County Surveyor.
Subject to covenants, conditions, reservations, restrictions, rights of way and easernents, .
if any, of record.
Parcel 2:
That portion of Lot 81 of Tract No. 1629 in the City of Orange, County of Orange, State
of California, as shown on the map filed in Book 49, Page 10 of Miscellaneous Maps in
the office of the County Recorder of said County, described as follows:
Beginning at the Southwest comer of said Lot 81; thence South 89003'30" East 207.32
feet along the Southerly line of said Lot 81 to the Northwesterly line of that certain
property described in the deed to the City of Orange, recorded August 3, 1964 in Book
7161, Page 125 of Official Records in the office of said County Recorder, thence North
45057'37" East 24.05 feet along said Northwesterly line to a line parallel with and
Westerly 5.00 feet from the Easterly line of said Lot 81; thence North 0058'43" East
33.00 feet along said parallel line to a line parallel with and Northerly 50.00 feet from
said Southerly line; thence North 89003'30" West 32.00 feet along said last rnentioned
parallel line to a line parallel with and Westerly 37.00 feet from said Easterly line; thence
South 0058'43" West 15.00 feet along said last mentioned parallel line; thence South
45057'37" West 35.37 feet to a line parallel with and Northerly 10.00 feet from said
Southerly line; thence North 89003'30" West 167.31 feet along said last mentioned
paraUelline to the Westerly line of said Lot 81; thence South 0059'49" West 10.00 feet
along said Westerly line to the point of beginning.
Except therefrom the West 129.30 feet thereof.
The bearings shown hereon are based on the bearing between Orange County Surveyor
Horizontal Control Station G.P.S. No. 3105 and Station G.P.S. No. 3108 being North
89026'38" East as based on the California Coordinate System, (CCS83), Zone VI, 1983
NAD (1991.35 Epoch O.C.S. Adjustment) per records on file in the office of the Orange
County Surveyor.
Subject to covenants, conditions, reservations, restrictions, rights of way and easements,
if any, of record.
Parcel 3:
That portion of Lot 81 of Tract No. 1629 in the City of Orange, County of Orange, State
of California, as shown on the map filed in Book 49, Page 10 of MisceUaneous Maps in
the office of the County Recorder of said County, described as foUows:
Beginning at the intersection of a line parallel with and Westerly 5.00 feet frorn the
Easterly line of said Lot 81 and a line parallel with and Northerly 50.00 feet from the
Southerly line of said Lot 81; thence North 0"58'43" East 50.00 feet along first said
paraUel line to a line parallel with and Northerly 100.00 feet from said Southerly line;
thence North 89003'30" West 32.00 feet along last said parallel line to a line parallel with
and Westerly 37.00 feet frorn said Easterly line; thence South 0058'43" West 50.00 feet
along last said parallel line to said line being parallel with and Northerly 50.00 feet frorn
said Southerly line; thence South 89003'30" East 32.00 feet along last said parallel line to
the point of beginning.
The bearings shown hereon are based on the bearing between Orange County Surveyor
Horizontal Control Station G.P.S. No. 3105 and Station G.!,.S. No. 3108 being North
89026'38" East as.based on the California Coordinate System (CCS83), Zone VI, 1983
NAD (1991.35 Epoch O.C.S. Adjustment) per records on file in the office of the Orange
County Surveyor.
Subject to covenants, conditions, reservations, restrictions, rights of way and easements,
if any, of record.
Parcel 4:
That portion of Lot 81 of Tract No. 1629 in the City of Orange, County of Orange, State
of California, as shown on the map filed in Book 49, Page 10 of Miscellaneous Maps in
the office of the County Recorder of said County, described as follows:
Beginning at the intersection of a line parallel with and Westerly 5.00 feet from the
Easterly line of said Lot 81 and a line parallel with and Northerly 100.00 feet from the
Southerly line of said Lot 81; thence North 0058'43" East 50.00 feet along first said
parallel line to a line parallel with and Northerly 150.00 feet frorn said Southerly line;
thence North 89003'30" West 32.00 feet along last said parallel line to a line parallel with
and Westerly 37.00 feet from said Easterly line, thence South 0058'43" West 50.00 feet
along last said parallel line to said line being parallel with and Northerly 100.00 feet frorn
said Southerly line; thence South 89003'30" East 32.00 feet along last said parallel line to
the point of beginning.
The bearings shown hereon are based on the bearing between Orange County Surveyor
Horizontal Control Station G.P.S. No. 3105 and Station G.P.S. No. 3108 being North
89026'38" East as based on the California Coordinate Systern, (CCS83), Zone VI, 1983
NAD (1991.35 Epoch O.C.S. Adjustment) per records on file in the office of the Orange
County Surveyor.
Subject to covenants, conditions, reservations, restrictions, rights of way and easements,
if any, ofrecord.
ParcelS:
That portion of Lot 81 of Tract No. 1629 in the City of Orange, County of Orange, State
of California, as shown on the map filed in Book 49, Page 10 of Miscellaneous Maps in
the office of the County Recorder of said County, described as follows:
Beginning at the intersection of the Easterly line of said Lot 81 and a line parallel with
and Northerly 150.00 feet from the Southerly line of said Lot 81; thence North 89003'30"
West 37.00 feet along said parallel line to a line parallel with and Westerly 37.00 feet
from said Easterly line; thence North 0058'43" East 32.36 feet along last said parallel line;
thence North 2036'55" East 17.65 feet to a line parallel with and Northerly 200.00 feet
from said Southerly.Iine; thence South 89003'30" East 36.50 feet along last said parallel
line to said Easterly line; thence South 0058',43" West 50.00 feet along said Easterly line
to the point of beginning.
The bearings shown hereon are based on the bearing between Orange County Surveyor
Horizontal Control Station G.P.S. No. 3105 and Station G.P.S. No. 3108 being North
89026'38" East as based on the California Coordinate System, (CCS83), Zone VI, 1983
NAD (1991.35 Epoch O.C.S. Adjustment) per records on file in the office of the Orange
County Surveyor.
Subject to covenants, conditions, reservations, restrictions, rights of way and easements,
if any, of record.
Parcel 6:
That portion of Lot 81 of Tract No. 1629 in the City of Orange, County of Orange, State
of California, as shown on the map filed in Book 49, Page 10 of Miscellaneous Maps in
the office of the County Recorder of said County, described as follows:
Beginning at the intersection of the Easterly line of said Lot 81 and a line parallel with
and Northerly 150.00 feet from the Southerly line of said Lot 81; thence North 89003'30"
West 37.00 feet along said parallel line to a line parallel with and Westerly 37.00 feet
frorn said Easterly line; thence North 0058'43" East 32.36 feet along last said parallel line;
thence North 2036'55" East 17.65 feet to a line FO",lIel with and Northe-1y 200.00
feet from said Southerly line, and the TRUE POINT OF BEGINNING of this
description;thence continuing North 2036'55" East 50.02 feet to a line parallel with and
Northerly 250.00 feet from said Southerly line; thence South 89003'30" East 30.07 feet along
last said parallel line to a line parallel with and Westerly 5.00 feet from said Easterly
line;thence South 0058'43" West 50.00 feet along last said parallel line to said line
being parallel with and Northerly 200.00 feet from said Southerly line; thence North 89003'
30"West 31.50 feet along last said parallel line to the true point of
beginning.The bearings shown hereon are based on the bearing between Orange County
Surveyor Horizontal Control Station G.P.S. No. 3105 and Station G.P.S. No. 3108 being
North 89026'38" East as based on the California Coordinate System, (CCS83), Zone VI,
1983 NAD (1991.35 Epoch O.C.s. Adjustment) per records on file in the office of the
Orange County
Surveyor.Subject to covenants, conditions, reservations, restrictions, rights of way and
easements,if any, of
record.Parcel
7:That portion of Lot 81 of Tract No. 1629 in the City of Orange, County of Orange,
State of California, as shown on the map filed in Book 49, Page 10 of Miscellaneous Maps
in the office of the County Recorder of said County, described as
follows:Beginning at the intersection of the Easterly line of said Lot 81 and a line parallel
with and Northerly 150.00 feet from the Southerly line of said Lot 81; thence North 89003'
30"West 37.00 feet along said parallel line to a line parallel with and Westerly 37.00
feet from said Easterly line; thence North 0058'43" East32.36 feet along last said parallel
thence
North 2036'55" East 117.69 feet to a line parallel with and Northerly 300.00 feet from
said Southerly line, and the TRUE POINT OF BEGINNING of this description;thence
continuing North 2036'55" East 76.71 feet to a line parallel with and Southerly 226.
00 feet from the Northerly line of said Lot 81; thence South 89004'02" East 26.45feet
along last said parallel line to a line parallel with and Westerly 5.00 feet frorn said Easterly
line; thence South 0058'43" West 76.68 feet along last said parallel line to said line
being parallel with and Northerly 300.00 feet from said Southerly line; thence North 89003'
30" West 28.64 feet along last said parallel line to the true point of beg inning.The
bearings shown hereon are based on the bearing between Orange County Surveyor Horizontal
Control Station G.P.S. No. 3105 and Station G.P.S. No. 3108 being North 89026'
38" East as based on the California Coordinate System, (CCS83), Zone VI, 1983 NAD (
1991.35 Epoch O.C.S. Adjustment) per records on file in the office of the Orange County
Surveyor.Subject
to covenants, conditions, reservations, restrictions, rights of way and easements,if
any, of record.ParcelS:
That
portion of Lot 81 of Tract No. 1629 in the City of Orange, County of Orange, State of
California, as shown on the map filed in Book 49, Page 10 of Miscellaneous Maps in the
office ofthe County Recorder of said County, described as follows:Beginning
at the intersection of the Easterly line of said Lot 81 and a line parallel with and
Northerly 150.00 feet from the Southerly line of said Lot 81; thence North 89003'30"West
37.00 feet along said parallel line to a line parallel with and Westerly 37.00 feet from
said Easterly line; thence North 0058'43" East 32.36feet along last said parallel line;thence
North 2036'55" East 194.40feet to a line parallel with and Southerly 226.00 feet from
the Northerly line of said Lot 81, and the TRUE POINT OF BEGINNING of this description;
thence continuing North 2036'55", East 76.03 feet to a line parallel with and Southerly
150.00 feet from said Northerly line; thence South 89004'02" East 24.28 feet along
last said parallel line to a line parallel with and Westerly 5.00 feet from said Easterly
line; thence South 0058'43" West 76.00 feet along last said parallel line to said line
being parallel with and Southerly 226.00 feet from said Northerly line; thence North 89004'
02" West 26.45feet along last said parallel line to the true point of beg inning.The
bearings shown hereon are based on the bearing between Orange County Surveyor Horizontal
Control Station G.P.S. No. 3105 and Station G.P.S. No. 3108 being North 89026'
38" East as based on the California Coordinate System, (CCS83), Zone VI, 1983 NAD (
1991.35 Epoch O.C.S. Adjustment) per records on file in the office of the Orange County
Surveyor.
Subject to covenants, conditions, reservations, restrictions, rights of way and easements,
if any, of record.
Parcel 9:
That portion of Lot 81 of Tract No. 1629 and a portion of Culver Avenue as shown on
said Tract No. 1629 in the City of Orange, County of Orange, State of California, as
shown on the rnap filed in Book 49, Page 10 of Miscellaneous Maps in the office ofthe
County Recorder of said County, together with that yortion of that certain land described
in the quitclaim deed from the City of Orange to Quentin L. Richard recorded January 30,
1976 in Book 11635, Page 1004 of Official Records in the office of said County
Recorder, described as follows:
Beginning at the intersection of the Easterly line of said Lot 81 and a line parallel with
and Northerly 150.00 feet frorn the Southerly line of said Lot 81; thence North 89003'30"
West 37.00 feet along said parallel line to a line parallel with and Westerly 37.00 feet
frorn said Easterly line; thence North 0058'43" East 32.36 feet along last said parallel line;
thence North 2036'55" East 270.43 feet to a line parallel with and 150.00 feet Southerly
from the Northerly line of said Lot 81 and the TRUE POINT OF BEGlNNING of this
description; thence continuing North 2036'55" East 79.71 feet to a line parallel with and
Westerly 27.00 feet from said Easterly line; thence North 0058'43" East 121.43 feet along
last said parallel line and its Northerly prolongation; thence North 44020'22" West 21.09
feet to a point in the Northerly line of said Quentin L. Richard land, said Northerly line
being a curve concave Southerly having a radius of 365.00 feet, a radial line of said curve
to said point bears North 0045'02" West; thence Easterly 10.91 feet along said curve and
last said Northerly line through a central angle of 1042'45"; thence South 89002'17" East
4.09 feet continuing along last said Northerly line to the Northwest comer of that certain
land described in the easement deed to the City of Orange recorded January 10, 1990 as
Instrument No. 90-016750 of said Official Records; thence South 44001'47" East 14.
14 feet along the Southwesterly line of last said land to the Westerly line of last said
land;thence South 0058'43 " West 206.10 feet along said Westerly line to said line
being parallel with and Southerly 150.00 feet from said Northerly line of Lot 81; thence
North 89004'02" West 12.28 feet along last said parallel line to the true point of
beginning.The bearings shown hereon are based on the bearing between Orange County
Surveyor Horizontal Control Station G.P.S., No. 3105 and Station G.P.S. No. 3108 being
North 89026'38" Eastas"'based on the California Coordinate System, (CCS83), Zone VI,
1983 NAD (1991.35 Epoch O.C.S. Adjustment) per records on file in the office of the
Orange County
Surveyor.Subject to covenants, conditions, reservations, restrictions, rights of way and
easements,if any, of
Parcel
10:The
East 20 feet of the West 20.5feet of the South 23 feet of Lot 81 of Tract No. 1629, as shown
on a rnap recorded in Book 49, Page 10 ofMisceUaneous Maps, records of Orange County,
California.