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RES-8763 Authorizing Acquisition of Real PropertyRESOLUTION NO. 8763 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 (BRIDGE WIDENING). 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 advantagcous 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 Parcels A-I and B of Exhibit " A".b) The City will be acquiring a slope easement in Parcel A-2 of c) The City will be acquiring a 12-month construction easement interest in Parcels A-3 and D 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 13th day of May1997 7.- .yor of the City of Orange ATTEST: I I / LJ 4t~dC:;t--H/' A/l*City Clerk of th ty of Orange Rcso.No.8763 2 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 13th day of May , 1997, by the following vote: AYES:COUNCIL MEMBERS: MURPHY, COONTZ, SPURGEON, ALVAREZ NOES:COUNCIL MEMBERS: NONE ABSENT:COUNCIL MEMBERS: SLATER ABSTAIN:COUNCIL MEMBERS: NONE A~/fA'LJM~/'''4riz City Clerk of e City of Orange DAD:ajj 3 Reso.No.8763 EXHIBIT A J-,EGAL PESCRIPTION FOR STREEJ: RIGHT OF WAY Project:Lorna Street n/o Santiago Canyon Road Agency:City of Orange Assessor Parcel:37Q- 041-24 Date Prepared:September, 27, 1996 Prepared By: Yeiichiro Kobayashi, L. S. 3232 THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS:PARCEL A- I (STREET EASEMENT)THAT PORTION OF LOT 4 IN BLOCK A OF THE LAND OF OGE AND BOND, AS SHOWN ON A MAP RECORDED IN BOOK 3, PAGES 430 AND 431 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA AND DESCRIBED IN A DEED TO THE COUNTY OF ORANGE, RECORDED IN BOOK 8722, PAGE 723 OF OFFICIAL RECORDS IN TIlE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:BEGINNING AT A POINT IN THE CENTERLINE OF SANTIAGO CANYON ROAD,DISTANT SOUTH 63012' 00" WEST 66.23 FEET ALONG SAID CENTERLINE FROM THE CENTERLINE OF CANNON STREET, AS SHOWN ON A MAP OF TRACf NO.5048, RECORDED IN BOOK 184, PAGES 24 TO 28 INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE, ALONG THE CENTERLINE OF A l00-FOOT WIDE STRIP OF LAND AS DESCRIBED AS PARCEL NO.1, IN AN EASEMENT DEED TO THE CITY OF ORANGE, RECORDED FEBRUARY 19, 1980 IN BOOK 13503, PAGES 1436 Er SEQ. OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY NORTIl 170 14' 45" WEST 90.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 1,000.00 FEET; THENCE, NORTIlERLY 6S0. 5~ FEEr ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37' 16' 34"; THENCE, TANGENT TO SAID CURVE NORTIl 20' 01' 49" EAST 89.58 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 1,000.00 FEET; THENCE, NORTIlERLY 356.86 FEbI ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20' 26' 47"; lHENCE, TANGENT TO SAID CURVE NORTIl 00 24' 58" WEST 112.22 FEET TO TIlE NORTIl LINE OF SAID CENTERLINE OF THE HIO-FooT WIDE STRIP OF LAND AND ALONG SAID NORTH LINE OF LOT 4 NORTH 840 48' 44" EAST 50.17 FEET TO THE NORTHEASTERLY CORNER OF SAID IOQ-FooT WIDE STRIP OF LAND AND THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID NORTH LINE NORTH 840 48' 44" EAST 10.03 FEET; THENCE, PARALLEL WITH THE EASTERLY LINE OF SAID IOQ-FooT WIDE STRIP OF LAND SOUTH 00 24' 58" EAST 84.73 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 1,055.08 FEET; THENCE, THROUGH A CENTRAL ANGLE OF So 28' 00" ALONG SAID CURVE, SOUTIIERLY 100.67 FEET; THENCE, ALONG A RADIAL OF SAID CURVE NORTH 840 56' 59" WEST 7.39 FEET TO A POINT IN SAID EASTERLY LINE OF THE IOQ-FooT STRIP OF LAND, SAID POINT BEING IN A CURVE IN SAID EASTERLY LINE HAVING A RADIUS OF 1, 050.00 FEET, A RADIAL OF SAID CURVE THROUGH SAID POINT BEARS SOUTH 86044' 26" EAST;THENCE, ALONG SAID EASTERLY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 30 40' 32" NORTHERLY 67. 36 FEET; THENCE, TANGENT TO SAID CURVE AND CONTINUING ALONG SAID EASTERLY LINE NORTH 0024'58" WEST 116.39 FEET TO THE TRUE POINT OF BEGINNING.CONTAINING AN AREA OF 1,736 SQUARE FEET, MORE OR LESS. PARCEL A-2 (SLOPE EASEMENT)A STRIP OF LAND 5.00 FEET WIDE, BEING A PORTION OF SAID LOT 4, LYING PARALLEL WITH, ABUITING AND EASTERLY OF THAT CERTAIN IS-FOOT WIDE STRIP OF LAND AS DESCRIBED AS PARCEL NO.3 IN AFORESAID EASEMENT DEED TO THE CITY OF ORANGE.SAID 5-FOOT WIDE STRIP OF LAND BOUNDED NORTHERLY BY THE EASTERLY PROLONGATION OF THE NORTHERLY LINE ON SAID PARCEL NO.3 AND BOUNDED SOUTHERLY BY THE EASTERLY PROLONGATION OF THE SOUTIIERLY LINE OF ABOVEDESCRlBED PAkCEL A-I.CONTAINING AN I r I I I PARCEL A-3 ITEMPORARY CONSTRUcnON EASEMENT)A STRIP OF LAND 66.00 FEET WIDE, BEING A PORTION OF SAID LOT 4,LYING PARALLEL WITI:I, ABUITING AND EASTERLY OF ABOVEDESCRIBED PARCEL A-I.SAID STRIP OF LAND BOUNDED NORTHERLY AND SOUTHERLY BY THE EASTERLY PROLONGATIONS OF mE NORTHERLY AND SOUTHERLY LINES OF SAID PARCEL A-I.EXCEPTING TIIEREFROM, mOSE PORTIONS LYING WITHIN ABOVEDESCRlBED PARCEL A-2 AND SAID PARCEL NO.3 AS DESCRIBED IN THE EASEMENT DEED TO THE CITY OF ORANGE.CONTAINING AN AREA OF 11,838. SQUARE CITY .OF ORANGE DEPAR1lIENT OF PUBlJC WORKS ORANGE COUNTY. CAlJFORNIA HORTHL/1E~ LOT 4 I~ I I POR. LOT 4 BLOCK A OGg J. BOND M. R.L.A. 3/430 I I te. D @ @ @ @ @ a: i N ti oil WOFK OESCRIPnON STREET EASEMENT LOCAnON LOMA STREET g VESnNG CCJIAoITY OF 0RAf.I6E 0 ORAWN~OATE~OiECKEO n:: OATE~RECOROING DATE li: D A T A DB. TIVBEHlIH5 RADI.I!itIOI5TAN::E I.BI6THN M"I2'OO" E M2J'N 17"H'G" H <<;).&\?'H" IOOO~' ~!J'f'N2O" OI"H"E 1J'U6'JO? 6o.n" IOOO~' !!56,M'NOO" 24~"H ='paR. Lor 4 SHEET / OF2 A. P. No. 570-04/-24 S.P. No. :;<aq TRACT No. BOOK_PAGE_ BOOK PAGE FIlE I I I I I I I I I EXlSnN6 c.ENTERL/NE OF LOHA STREET I rL-I I I I PRoPosEo CENTERLINE OF LOHA STREET IL n\ TE BRI06E ,"A ~ 20.26'47. -r-R'" 1000.00'L . ! J56.1J6' I I I SLOPE EJIo5B>fNT J.-. IPARCEL 2 I OR. 1! J505//<l36 , 5 I 5'/ I S CITY OF ORANGE DEPARTMENT OF PUBUC WORKS ORANGE COUNTY. CAUFORNIA I I I I IO'~ I/) I 10' TP. oBL~ i?ll;F __POF~TjOf\/ PARC. EL ; A.-I I r' -r /I I ~'-/J-/I BLOC}( ~\ Or.~ r) r' ..........'- /..-., r . ~L ~ d L-/'/ 'JL)I /'~/!;- (..1-... ~\ " 3../ ..<i ~; 0 66' HOE CONST. EASe-fNT PARC.EL ;A.-! J so'I f 5'HJOE SLOPE EASEHENTPARC. EL ; A.- 2 I I . SLOPE EJIo5B> fNT SO, 115' PARCEL ! J H-~< I~ I I OR. S503/I<l36 D. AT. A NS LEN57H,1;)f$TAHCE 06' / OO~r 1f: I5O.oo' 67.!J6'H I CRV/rNl @ @G>@DB. T'" 05? 6t;1?" O! J.< IO~" N 64.46' 44" E N64' S65'rH IO~' 7.!/1f'SJ-../2OF2 A. P. No. 2JQ- 04/- 24 S. P. No. 2<EJq TRACT No.BOOK_ PAGE_WORK OESCRIPnON STREET EASEMENT lOCAnON LOMA STREET e ~ SnNG CO(H.ITY OF 0RANeE II 0 ORAVlN~OATE~CHECKEOn:: OATE~RECOROING DATE It BOOK PAGE FILE J-,EGAL DESCRIPTION FOR STREET RIGHT OF WAY Project:Loma Street n/o Santiago Canyon Road Agency:City of Orange Assessor Parcel:37D- 042-07 Date Prepared:September, 27, 1996 Prepared By: Yeiichiro Kobayashi, L. S. 3232 PARCEL B ( STREET EASEMENTI TIlAT CERTAIN REAL PROPERTY SITUATED IN TIlE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS:TIlAT PORTION OF LOT 4 IN BLOCK A OF THE LAND OF OGE AND BOND, AS SHOWN ON A MAP RECORDED IN BOOK 3, PAGES 430 AND 431 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA,DESCRIBED AS FOLLOWS:BEGINNING AT THE SOUTIIWESTERLY TERMINUS OF TIlAT CERTAIN COURSE DESCRIBED AS HAVING A BEARING OF SOUTH 330 59' 00. WEST AND A LENGTH OF 88 FEET AS DESCRIBED IN PARCEL 6 IN A FINAL ORDER OF CONDEMNATION AS RECORDED DECEMBER 12, 1977, IN BOOK 12489, PAGES 192 ET SEQ. OF OFFICIAL RECORDS, IN THE OFFICE OF TIlE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE, ALONG SAID CERTAIN COURSE NORTH 33059' 00" EAST 36.42 FEET; THENCE, SOUTH 10042' 52" EAST 60. 52 FEET;THENCE, SOUTH 210 13' 41" EAST 22.82 FEET; THENCE, SOUTH 690 35' 26" EAST 23.17 FEET TO THE NORTHERLY LINE OF THE lAND DESCRIBED AS PARCEL 2 IN SAID FINAL ORDER OF CONDEMNATION, SAID NORTHERLY LINE BEING ALSO THE NORTHERLY RlGIIT OF WAY LINE OF SANTIAGO CANYON ROAD AS SHOWN ON AMAP Fll..ED IN BOOK 138, PAGE 17 OF RECORDS OF SURVEY, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE,ALONG SAID NORTHERLY RlGIIT OF WAY LINE AND SAID NORTHERLY LINE OF PARCEL 2 SOUTH 630 12' 00" WEST 31.74 FEET TO A POINT IN TIlAT CERTAIN COURSE DESCRIBED AS HAVING A BEARING OF SOUTH 240 31' 00.WEST AND A LENGTH OF 114 FEET IN AFORESAID PARCEL 6; THENCE, ALONG SAID CERTAIN COURSE NORTH 24031' 00" WEST 80.15 FEET TO THE POINT OF BEGINNING.OF 1,869 SQUARE FEET, MORE SO' CITY OF ORANGE DEPARnIENT OF PUBUC WORKS ORANGE COUNTY, CAUFORNIA ST1?EET P~ 6 OR. I24M/IqJi10' 0'TNIt5ENT' f) @ @ @ @ @ POF.: TJONLOT Lj BLOCf\ . A OGP r'<. BOND lvlF':. L../-1- 3/Lj. 30 PARa3... e NORTHLIIE~ / P~ 2 ""OR. I24M/IqJV N 21'1$'4/' H N 6'f'3iJ:as' H N 6$'12'00' E N: J4'!11'OO' H N WORK DESCRIPl10N STREET EASEHENr LOCAl1ON LOMA STREET t7; VESl1NG CO/JfIfTY OF 0RAN6E j! 0 DRAWN~DATE~OiECKED YK DATE~RECORDING DATE li: so' I p.o.B. f" I i~ 6 1- l\,) i S\ \ -\ v- \ S\l'~ 6, ./t./ O. ffl7 ~. ttb~"0t1. o "" G r rtflfZ. O ./ Otl- ~t~tf< /""\ ACT NO.'\-__1 rCSOLJEj DATA l!6'tRJNS N . 9' 5'fOO' E N1O'4252'HDISTANCE 42' 60.$2'17' n 1/. 14' 1JO.I5' P. No. a7~2~ S.P. No. 2Cf3q TRACT No. BOOK_PAGE_BOOK PAGE FILE LEGAL DESCRIPTION FOR STREET RIGHT OF WAY Project:Lorna Street n/o Santiago Canyon Road Agency:City of Orange Assessor Parcel:3 70-Q41- O 1 Date Prepared:September, 27, 1996 Prepared By: Yeiichiro Kobayashi, L. S. 3232 PARCEL D ITEMPORARY CONSTRUCTION EASEMENT)THAT CERTAIN REAL PROPERTY SI11JATED IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS:THAT PORTION OF LOT 4 IN BLOCK A OF THE LAND OF OGE AND BOND, AS SHOWN ON A MAP RECORDED IN BOOK 3, PAGES 430 AND 431 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA,BOUNDED AS FOLLOWS:NORTHERLY BY THE NORTH LINE OF SAID LOT 4, WESTERLY BY THE WESTERLY LINE OF THE LAND DESCRIBED IN DEED TO THE COUNTY OF ORANGE RECORDED IN BOOK 8722, PAGE 723 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, AND EASTERLY BY THE WESTERLY LINE OF THAT CERTAIN l00- FOOT WIDE STRIP OF LAND DESCRIBED IN PARCEL A IN AN EASEMENT DEED TO THE CITY OF ORANGE RECORDED FEBRUARY 14, 1980 IN BOOK 13503, PAGES 1436 ET SEQ.OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY.CONTAINING AN AREA OF 15,000. SQUARE FEET, CITY OF ORANGE DEPARTYENT OF PUBUC WORKS ORANGE COUNTY. CAUFORNIA 40' 40' EXlSnNe CENTERLINE OF LOHA STREET NORTH LINE. BLcx;K 'A~ ~06E t BOND TRACT PER RS. /31>//7 T-- 1 I I I I I TEH" ORAR'r'COHST. EAS&ENT PARe- EL 0 I H3TLINE~ I 6R.ANT OEED I OR8~5 , I pri;--r;-j1r,/\/ IJ~.J _ \ I 1/' oJ.... /!. I r- ,Fil O'ff-:- /\ II J .'-- J /5'OG,C /<. BOND '\ I I I r-jj \ ,.,.-,/. ,-- r I j'/,j'LLj-L ,:;j LJJ~ I SLOPE EAS& ENT --:---":' I ai:~ I jI /I I I.r I I I l i I r u. nMATE:~H1OENINe l I, d' fFG r I) 50' /5. 1I fI I II I ,I I I I I I I I I I !50' pi fl t 0>; i! WORK DESCRIPTION TE1- fPOR. ARY CONSTRUCnON EASEMENT 111 Ii! LOCATION LOMA STREET S VESTING c;aJNTY OF 0RAN6E 0 II:PROPOSED CENTERLINE OF LOMA STREET PER SLOPE EASEMENT P~ 5 OR /!J505//456 N~L~ A.P. No. 570-041- 01 S. P. No. 2<B' 1 TRACT No.BOOK_PAGE_BOOK_PACE fiLE DRAVtNJmLDATE~CHECKED n:: DATE~RECORDtNGDATE