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RES-8737 Acquisition of Certain Real PropertyRESOLUTION NO. 8737 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE DECLARING REAL PROPERTY LOCATED AT 460 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 460 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 Parcel I of Exhibit A". b. The City will 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 wilI be most compatible with the greatest public good and the least private injury;c) The property hereinabove described is necessary for the proposed project; 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 all 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 ?~"h day of M::Ir~h 1997 ATTEST: AA/J~jut~~Ad- City Clerk ofth 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: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: MURPHY, COONTZ, SPURGEON, ALVAREZ NONE SLATER NONE A4~~~~ City Clerk oOthe City of Orange Resa Na. 8737 2-DAD:dg EXHIBIT "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 rnap 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 line, and the TRUE POINT OF BEGINNING of this description; thence continuing North 2036'55" East 50.02 feet to a line p'arallel 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 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 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 mentioned paraIlelline to a line paraIlel with and Westerly 37.00 feet from said Easterly line; thence South 0058'43" West 15.00 feet along said last mentioned paraIlelline; thence South 45057'37" West 35.37 feet to a line paraIlel with and Northerly 10.00 feet from said southerly line; thence North 89003 '30" West 167.31 feet along said last mentioned paraIlel line 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 ofthe Orange County Surveyor. Subject to covenants, conditions, reservations, restrictions, rights of way and easernents, 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 MisceIlaneous Maps in the office of the County Recorder of said County, described as foIlows: 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 paraIlel with and Northerly 50.00 feet from the Southerly line of said Lot 81; thence North 0058'43" East 50.00 feet along first said paraIlel line to a line paraIlel with and Northerly 100.00 feet from said Southerly line; thence North 89003'30" West 32.00 feet along last said paraIlelline to a line paraIlel with and Westerly 37.00 feet from said Easterly line, thence South 0058'43" West 50.00 feet along last said paraIlelline to said line being paraIlel with and Northerly 50.00 feet from said Southerly line; thence South 89003'30" East 32.00 feet along last said paraIlelline 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 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 frorn 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 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 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 from 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 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 5: 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 feetfromsaidSoutherlyline; thence South 89003'30" East 36.50 feet along last said parallellinetosaidEasterlyline; thence South 0058',43" West 50.00 feet along said Easterly linetothepointofbeginning. The bearings shown hereon are based on the bearing between Orange County SurveyorHorizontalControlStationG.P.S. No. 3105 and Station G.P.S. No. 3108 being North89026'38" East as based on the California Coordinate System, (CCS83), Zone VI, 1983NAD (1991.35 Epoch O.C.S. Adjustment) per records on file in the office of the OrangeCountySurveyor. 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, StateofCalifornia, as shown on the rnap filed in Book 49, Page 10 of Miscellaneous Maps intheofficeoftheCountyRecorderofsaidCounty, described as follows: Beginning at the intersection of the Easterly line of said Lot 81 and a line parallel withandNortherly150.00 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 feetfromsaidEasterlyline; 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 feetfromsaidSoutherlyline, and the TRUE POINT OF BEGINNING of this description;thence continuing North 2036'55" East 50.02 feet to a line parallel with and Northerly300.00 feet from said Southerly line; thence South 89003'30" East 28.64 feet along lastsaidparallellinetoalineparallelwithandWesterly5.00 feet from said Easterly line;thence South 0058'43" West 50.00 feet along said last parallel line to said line beingparallelwithandNortherly250.00 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 SurveyorHorizontalControlStationG.P.S. No. 3105 and Station G.P.S. No. 3108 being North89026'38" East as based on the California Coordinate System, (CCS83), Zone VI, 1983NAD (1991.35 Epoch O.C.S. Adjustment) per records on file in the office of the OrangeCountySurveyor. Subject to covenants, conditions, reservations, restrictions, rights of way and easements, .ifany, 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" East 32.36 feet along last said parallel line; 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 26.45 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 76.68 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 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 line; thence North 2036'55" East 194.40 feet 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 26.45 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, ofrecord. 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 map filed in Book 49, Page 10 of Miscellaneous Maps in the office of the County Recorder of said County, together with that portion 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 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 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 BEGINNING 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 corner 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 beg 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 10: The East 20 feet of the West 20.5 feet of the South 23 feet of Lot 81 of Tract No. 1629, as shown on a map recorded in Book 49, Page 10 of Mis celIan eo us Maps, records of Orange County, California.