RES-8756 Authorizing Acquisition of Certain Real PropertyRESOLUTION NO. 8756
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE DECLARING REAL PROPERTY
LOCATED ADJACENT TO CANNON STREET,
FORMERLY KNOWN AS LOMA STREET, NORTH OF
SANTIAGO CANYON ROAD 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 I:
The City of Orange is a municipal corporation located in the County of Orange, State
of California.
SECTION II:
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 III:
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 a portion of Cannon Street, formerly known
as Lorna Street, north of Santiago Canyon Road, Orange, California
a) The City will be acquiring a street and public utility easement in Parcel C-I
of Exhibit "
A".b) The City will be acquiring a slope easement in Parcel C-2 of
c) The City will be acquiring a l2-month construction easement interest in Parcel
C-3 of Exhibit "
A".SECTION
IV: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 project;
and d) The offer required by Section 7267.2 of the Government Code has been
made to the owner of
record.SECTION
V: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
VI: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 R~h day of Aoril
1997
ATTEST:Reso.No.8756 2 Dad:
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 8th day of
April, 1997, by the following vote:
AYES:COUNCIL MEMBERS:MURPHY, SLATER, COONTZ, SPURGEON,
ALVAREZ
NOES:COUNCIL MEMBERS:NONE
ABSENT:COUNCIL MEMBERS:NONE
ABSTAIN:COUNCIL MEMBERS:NONE
44~.d-<~ Cau4Mr
City Clerk ofth Ity of Orange
DAD:ajj 3 Reso.No.8756
EXHIBIT" A"
THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF ORANGE, COUNTY OF
ORANGE, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS:
PARCEL C-1 (STREET AND PUBLIC UTILITY
EASEMENT)THAT PORTION OF THE LAND ALLOTTED TO PAULA PERALTA DE DOMINQUEZ,
AS DESCRIBED IN THE FINAL DECREE OF PARTITION TO THE RANCHO SANTIAGO
DE SANTA ANA, WHICH WAS ENTERED SEPTEMBER 12, 1868 IN BOOK "B" PAGE 410
OF JUDGMENTS OF THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT IN AND FOR
LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS
FOLLOWS:A STRIP OF LAND 20.00 FEET WIDE, LYING PARALLEL WITH, ABUTTING AND
EASTERLY OF THAT CERTAIN 80-FOOT WIDE STRIP OF LAND AS DESCRIBED IN
A CORPORATION GRANT DEED TO THE CITY OF ORANGE RECORDED OCTOBER 30,1970, IN
BOOK 9448,PAGE 612 ET SEQ. OF OFFICIAL RECORDS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID
ORANGE COUNTY.THE SIDELINES OF SAID STRIP OF LAND TO BE PROLONGED OR
SHORTENED TO TERMINATE IN THE NORTHERLY AND SOUTHERLY LINES OF THE LAND DESCRIBED
IN A GRANT DEED TO SULLY-MILLER CONTRACTING COMPANY RECORDED MAY
11, 1965, IN BOOK 7515, PAGE 155 OF OFFICIAL RECORDS IN THE OFFICE
OF THE COUNTY RECORDER OF
SAID ORANGE COUNTY.PARCEL
C-2 {SLOPE EASEMENT!A STRIP OF LAND 26.00 FEET WIDE, BEING A PORTION OF
SAID LAND ALLOTTED TO PAULA PERALTA DE DOMINQUEZ, LYING PARALLEL WITH,
ABUTTING AND EASTERLY OF THE EASTERLY LINE OF THAT CERTAIN 130-FOOT WIDE
STRIP OF LAND AS DESCRIBED IN A SLOPE EASEMENT DEED TO THE CITY OF
ORANGE RECORDEDOCTOBER 30,1970,IN BOOK,. ~8, PAGE616 ET SEQ. OF OFFICIAL RECORDS
IN THE OFFICE OF THECOUNTY
RECORDER OF' SAID ORANG!: COUNTY.THE SIDELINES OF SAID STRIP OF LAND TO
BE PROLONGED OR SHORTENED TO TERMINATE IN THE SOUTH LINE OF TRACT NO. 9330, AS
PER MAP RECORDED IN BOOK 386, PAGES 30 AND 31 OF MISCELLANEOUS MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY AND IN
AFORESAID SOUTHERLY LINE OF THE LAND DESCRIBED IN A GRANT
DEED TO SULLY-MILLER CONTRACTING COMPANY.PARCEL
C-3ITEMPORARY CONSTRUCTION EASEMENT -12 MONTH PERIODl A STRIP OF LAND 30.00 FEET. BEING A
PORTION OF SAID LAND ALLOTTED TO PAULA PERALTA DE DOMINQUEZ,
LYING PARALLEL WITH,
ABUTTING AND EASTERLY OF ABOVEDESCRIBED PARCEL C-2.THE SIDELINES OF SAID STRIP
OF LAND TO BE PROLONGED OR SHORTENED TO TERMINATE IN THE SOUTH LINE OF TRACT
NO. 9330, AS PER MAP RECORDED IN BOOK 386, PAGES 30 AND 31 OF
MISCELLANEOUS MAPS. IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE
COUNTY AND IN AFORESAID SOUTHERLY LINE OF THE LAND DESCRIBED IN
IE -,--
l \
8 \
C
a
IX
IE
9-
C
0.:
CITY
OF
ORANGE DEPARTMENT OF
PUBUC WORKS ORANGE COUNTY.
CAUFORN1A I ,I -
r'r-
J /1 r-'- '\:\.": (.-'-:-..(.r:.!~1 \
I
Jr ';;;;".,L/~ j; Y' - e>' ,--. ,---'j
J-
rR. NO. <7330 ~ _-H,H, !J/!J613O
I31 _ .1.).. '- - ~r NORTH
LINE I 6RANrOES I I I OR. 75/
5//
5;I 26' HlOE
SLOPE EAS&
f/
I
F'
ARGEL C-2 I
1 I I I ~!JO' HlOECONST.
EASEI-1ENT I (~
F'ARGEL C-!
J I I I 1 I
I II II
I I 55.O/!)'
I I,I
I I " W;
t 1Il~
TFlACT
J\}Q.
II
U
70~
fj:!
1
j:a:I '
i
60'V" I 40' I
60'20" 40'LtIJO' 'OE1 6RANr
EXISnNS
CENTERLIIE
OR., V612
OF
LOHA
STREET I
2O'HlOE~'
SLOPE EASEI-
1ENT PER OR. 'U46/
616 I 4.'
12'
I I
I PROPOSED
CENTERLIIE OF LOHASTREET
PER
IU.
nHA TE
BRI06E
HlOENINS P
2'!(3q) _ L 50' I,
II I I 1:) A
T A1!JI!
ARJNS N"
0'~
E
50'
TIW5ENr @ @ N64'
46"U'E
Non WORK
DESCRIPTION
STREET
EASEMENT
LOCATION LOMA STREET VESTING SILL '(-
1'
11/ / FQ CONT'RACnNe COMPAN'
r'0 DRAVtN 6TH
DATE IOA6 CHECKED ~ OATE~RECORDING DATE 0::F'ARGEL
C-I JO'HIOE SLOPE EASEI-1ENT OR. '14461616
I
II I
I I
I I
j{ sanHL11E
I : ~=
I __
L-- --
j1
r'
l r-'
i
r'~: .-
r /
i
r0.
r(_'-
J'-
J i ~.,'JLOCf\ /\O i-i r::- ,'(0~/
j '..1..!-/D1STNICE20.014'
20Q7'
N"::ll.J I~
A.
P, No.
f!J7o-I41-IQ
S.
P. No. :
z<
aq
TRACTNo.
BOOK_
PAGE_BOOK PAGE FILE