RES-8827 Acquisition of Real Property by Eminent DomainRESOLUTION NO. 8827
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE FINDING AND DETERMINING
THAT THE PUBLIC INTEREST AND NECESSITY
REQUIRE THE ACQUISITION BY EMINENT
DOMAIN OF CERTAIN REAL PROPERTY
LOCATED AT THE NORTHEAST CORNER OF
CHAPMAN AVENUE AND MANCHESTER
AVENUE FOR PUBLIC USE AND AUTHORIZING
AND DIRECTING CONDEMNATION.
WHEREAS, the City of Orange ("City") proposes to acquire a fee interest and a
temporary construction easement in real property as described in the attached Exhibit "A"
for purposes of the widening and improvement of the intersection of Chapman Avenue and
Manchester Avenue, pursuant to the authority granted to it by Sections 37350, 37350.5 and
37353(b) of the California Government Code, Section 4090 of the California Streets and
Highways Code, sections 1240.010 and 1240.110 of the California Code of Civil Procedure
and Article I, Section 19 of the California Constitution; and
WHEREAS, pursuant to Section 1245.235 of the California Code of Civil
Procedure, the City scheduled a public hearing for October 28, 1997, at 7:00 p.m. at the City
of Orange City Council Chambers located at 300 East Chapman Avenue, Orange,
California, and gave to each person whose property is to be acquired and whose name and
address appeared on the last equalized county assessment roll, notice and a reasonable
opportunity to appear at said hearing and be heard on the matters referred to in Section
1240.030 of the California Code of Civil Procedure; and
WHEREAS, the City Council for the City of Orange held a public hearing and each
person whose property is to be acquired by eminent domain was afforded an opportunity to
be heard on those matters specified in the City's notice of intention to conduct a hearing on
whether to adopt a Resolution of Necessity and referred to in Section 1240.030 of the
California Code of Civil Procedure; and
WHEREAS, the City may now adopt a Resolution of Necessity pursuant to Section
1240.040 of the California Code of Civil Procedure.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION I:
Compliance with California Code of Civil Procedure. There has been compliance
by the City with the requirements of Section 1245.235 of the California Code of Civil
Procedure regarding notice and hearing.
SECTION II:
Public Use. The public use for which the property is to be acquired is the widening
and improvement of the intersection of Chapman Avenue and the City Drive. Sections
37350,37350.3, and 37353(b) of the California Government Code and Section 4090 of the
California Streets and Highways Code and Sections 1235.190, 1240.010 and 1240.110 of
the California Code of Civil Procedure authorize the City to acquire by eminent domain
property necessary for such purposes.
SECTION III:
Necessity. The public interest and necessity require the acquisition by eminent
domain proceedings of a portion of the fee simple estate and easement interests in and title
to the real property described in Exhibit "A" which is attached hereto and incorporated
herein by this reference.
SECTION IV:
Description of Property. Attached and marked as Exhibit "A" are the legal
descriptions and plats of the real property to be acquired by the City, which describe the
location and extent of the property with sufficient detail for reasonable identification.
SECTION V:
Findings. The City hereby finds and determines each of the following:
a) The public interest and necessity require the proposed project;
b) The proposed project is planned or located in the manner that will be most
compatible with the greatest public good and least private injury;
Reso. No. 8827 2 DAD:ajj
c) The real property described in Exhibit "A" is necessary for the proposed project;
and
d) An offer to purchase the property pursuant to Section 7267.2 of the California
Government Code was made.
SECTION VI:
Use Not Unreasonably Interfering With Existing Public Use(s). Some or all of
the real property to be acquired is subject to easements and rights-of-way
appropriated to existing public uses. The legal descriptions of these easements and rights of way are
on file with the City and describe the general location and extent of the easements and right
of way with sufficient detail for reasonable identification. In the event the herein described
use or uses will not unreasonably interfere with or impair the continuance of the public use
as it now exists or may reasonably be expected to exist in the future, counsel for the
City is authorized to acquire the real property subject to such existing public use(s)
pursuant to Section 1240.510 of the California Code of
Civil Procedure.
SECTION VII:More Necessary Public Use. Some or all of the real property to be
acquired is subject to easements and rights of way appropriated to existing public uses. To
the extent that the herein described use or uses will unreasonably interfere with or
impair the continuance of the public use as it now exists or may reasonably be expected to exist
in the future, the City finds and determines that the herein described use or uses
are more necessary than said existing public use. Counsel for the City is authorized to acquire
the real property appropriated to such existing public use(s) pursuant to Section 1240.610
of the California Code of
Civil Procedure.
SECTION VIII:Further Activities. The City Attorney or special counsel, as may be retained
by the City Attorney, is hereby authorized to acquire the hereinabove described real property
in the name of and on behalf of the City by eminent domain, and counsel is authorized
to institute and prosecute such legal proceedings as may be required in connection therewith.
The City Attorney is further authorized to take such steps as may be authorized and required
by law,and to make such security deposits as may be required by order of court, to permit
the City to take possession of and use said real property at the earliest possible time.
The City Attorney is further authorized to correct any errors in the resolution or to make or
agree to non-material changes in the legal descriptions of the real property that
are deemed necessary DAD:ajj 3
for the conduct of the condemnation action or other proceedings or transaction required to
acquire the subject real property. The City Attorney is further authorized to reduce the
extent of the interests or property to be acquired so as to reduce the compensation payable in
the action where such change would not substantially impair the construction and operation
of the project for which the real property is being acquired.
SECTION IX:
Effective Date. This Resolution shall take effect upon adoption.
ADOPTED this 28th day of October 1997
1/, / /~/,", '
f"P -y.? iC,c.f A ' /S.r;~,; ,
a:yor of the City of Orange /J
I '..-
ATTEST:
C1A#
AMIlA'A J(' .dk.tAL-City
Clerk ofthe&ity 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 meeting thereof held on the 28th day of October ,
1997, by the following vote:AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL
MEMBERS: MURPHY, SLATER, COONTZ, SPURGEON, ALVAREZ COUNCIL
MEMBERS: NONE COUNCIL
MEMBERS: NONE COUNCIL
MEMBERS: NONE CuA"'-'
1A~
Jt (jUI/-b'A7City Clerk
oftUCity of Orange Reso. No.
8827 4 DAD:ajj
tXHIBiT A
LEGAL DESCRIPTION FOR PROPOSED STREET RIGHT -OF- WA Y
PROJECT: THE CITY DRIVE AT CHAPMAN A VENUE
AGENCY: CITY OF ORANGE DEPARTMENT OF PUBLIC WORKS
ASSESSOR'S PARCEL NO.: 137-
471-18 DATE PREPARED:
JANUARY23,1997 PREPARED BY: STEPHEN M. HAGER, L.
S. 6161 THAT PORTION OF LOT 2 OF THE DAWN TRACT, IN THE CITY
OF ORANGE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A
MAP FIL BOOK 8, PAGE 21 OF MISCELLANEOUS MAPS, RECORDS OF
SAID COUNTY,DESCRIBED
AS FOLLOWS:BEGINNING AT THE CENTERLINE INTERSECTION OF CHAPMAN AVENUE
80 FEET WIDE AND MANCHESTER AVENUE, FORMERLY KNOWN AS MEYER
STREET, 45 FEET WIDE AS SHOWN ON MAP OF TRACT NO. 2413 RECORDED IN BOOK
73, PAGE 21,22 AND 23 OF MISCELLANEOUS MAPS, IN THE OFFICE OF
SAID COUNTY RECORDER; THENCE, ALONG SAID CENTERLINE OF CHAPMAN A
VENUE SOUTH 89026' 45" EAST 80.19 FEET; THENCE, AT RIGHT ANGLES TO
SAID CENTERLINE NORlli 000 33' 15" EAST 50.00 FEET TO THE NORTHERLY RIGHT-
OF-WAY OF SAID CHAPMAN AVENUE AS CONVEYED TO THE CITY
OF ORANGE BY DEEDS RECORDED IN BOOK 7695, PAGE 384 AND BOOK 7695, PAGE
411 BOlli OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT ALSO BEING
THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF
30.00 FEET, SAID POINT BEING TANGENT TO A LINE PARALLEL WIlli AND 50.
00 FEET NORTHERL Y OF SAID CHAPMAN AVENUE, SAID POINT ALSO BEING
THE TRUE POINT OF BEGINNING; lliENCE, NORlliWESTERL Y 47.1 9
FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 08' 00" TO A LINE PARALLEL
WIlli Mll 50.00 FEET EASTERLY OF THE CENTERLINE OF SAID
MANCHESTER A VENUE AS MEASURED AT RIGHT ANGLES; lliENCE, ALONG SAID
PARALLEL LINE NORTH 000 41' IS" EAST 9.93 FEET; lliENCE SOUlli 440 22' 45" EAST 28.25
FEET TO A LINE PARALLEL WITH AND 70.00 FEET NORTHERLY OF
THE CENTERLINE OF SAID CHAPMAN AVENUE AS MEASURED AT RIGHT
ANGLES; THENCE, ALONG SAID PARALLEL LINE SOUlli 890 26' 45" EAST 312.08 FEET TO
THE EAST LINE OF PARCEL 4.5 OF THE LAND CONVEYED
TO METROPOLITAN LIFE INSURANCE COMPANY BY DEED RECORDED IN BOOK 9459, PAGE
481 OF OFFICIAL RECORDS OF SAID COUNTY; lliENCE ALONG SAID EAST LINE SOUlli 000 41'
IS" WEST 20.00 FEET TO A LINE PARALLEL WIlli AND 50.00 FEET
NORTHERLY OF THE SAID CENTERLINE OF SAID CHAPMAN AVENUE AS
MEASURED AT RIGHT ANGLES;SAID LINE BEING THE NORTHERLY LINE OF CHAPMAN
A VENUE AS CONVEYED TO THE CITY OF ORANGE BY DEEDS RECORDED IN BOOK
7695, PAGE 384 AND BOOK 7695, PAGE 411 BOTH OF OFFICIAL RECORDS
OF SAID COUNTY, THENCE,ALONG SAID NORTHERLY LINE NORlli 89026' 45" WEST 302.
oJ FEET; TO THE
TRUE POINT OF BEGINNING.ALL AS SHOWNON THE A IT ACHED EXHIBIT "A" AND
BY THIS
REFERENCE MADE APARTHE'rtEOF.AREA OF PROPOSED DEDICATIONCONTAINS APPROXIMATELY 6,
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EXHIBIT A
LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASE
PROJECT: THE CITY DRIVE AT CHAPMAN A VENUE
AGENCY: CITY OF ORANGE DEPARTMENT OF PUBLIC WORK
ASSESSOR'S PARCEL NO.: 137-
471-18 DATE PREPARED:
JANUARY23,I997 PREPARED BY: STEPHEN M. HAGER, L.
S. 6161 <>"THAT PORTION OF LOT 2 OF THE DAWN TRACT, IN THE CITY OF ORAN ,
OF C,..\.\~COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
FILED IN BOOK 8, PAGE 21 OF MISCELLANEOUS MAPS, RECORDS OF
SAID COUNTY,DESCRIBED
AS FOLLOWS:BEGINNING AT THE CENTERLINE INTERSECTION OF CHAPMAN AVENUE
80 FEET WIDE AND MANCHESTER STREET, FORMERLY KNOWN AS MEYER
STREET, 45 FEET WIDE AS SHOWN ON MAP OF TRACT NO. 2413 RECORDED IN BOOK
73, PAGES 21,22 AND 23 OF MISCELLANEOUS MAPS, IN THE OFFICE OF
SAID COUNTY RECORDER; lliENCE, ALONG SAID CENTERLINE OF CHAPMAN
AVENUE SOUlli 89026' 45" EAST 80.19 FEET; lliENCE, AT RIGHT ANGLES TO
SAID CENTERLINE NORlli 000 33' IS" EAST 50.00 FEET TO THE NORTHERLY RIGHT-OF- WA
Y OF SAID CHAPMAN A VENUE AS CONVEYED TO THE CITY OF
ORANGE BY DEEDS RECORDED IN BOOK 7695, PAGE 384 AND BOOK 7695, PAGE 411
BOlli OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT ALSO BEING THE
BEGINNING OF A CURVE CONCAVE NORTHEASTERL Y HAVING A RADIUS OF 30,
00 FEET, SAID POINT BEING TANGENT TO A LINE PARALLEL WIlli AND 50.00
FEET NORTHERL Y OF SAID CHAPMAN AVENUE; THENCE, NORlliWESTERL Y 47.19
FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90008' 00" TO A
LINE PARALLEL WIlli AND 50.00 FEET EASTERLY OF THE CENTERLINE OF
SAID MANCHESTER STREET AS MEASURED AT RIGHT ANGLES: lliENCE, ALONG SAID
PARALLEL LINE NORlli 00041' IS" EAST 9.93 FEET TO THE TRUE POINT
OF BEGINNING; THENCE CONTINUING ALOND SAID PARALLEL LINE NORlli 00041' 15"EAST
37.84 FEET;THENCE SOUlli 890 26' 45" EAST 21.38 FEET; lliENCE SOUlli 000 33' IS"
WEST 11.85 FEET; THENCE SOUlli 890 26' 45" EAST 6.35 FEET; THENCE, SOUlli
00033' IS" WEST I 1.74 FEET; THENCE, SOUlli 320 24' 51" EAST 12.22 FEET TO
A LINE PARALLEL WIlli AND 94.00 FEET NORTHERLY OF THE CENTERLINE
OF SAID CHAPMAN A VENUE AS MEASURED AT RIGHT ANGLES; THENCE,
ALONG LAST MENTIONED SAID PARALLEL LINE SOUlli 890 26' 45" EAST 297.63 FEET TO THE
EAST LINE OF PARCEL 4.5 OF THE LAND CONVEYED TO
METROPOLITAN LIFE INSURANCE COMPANY BY DEED RECORDED IN BOOK 9459, PAGE 481
OF OFFICIAL RECORDS r OF SAID COUNTY; THENCE ALONG SAID LINE SOUlli 000 41' IS" WEST
24.00 FEET TO A LINE PARALLEL WIlli AND 70.00 FEET NORTHERLY
OF THE SAID CENTERLINE OF SAID CHAPMAN AVENUE AS MEASURED
AT RIGHT ANGLES;THENCE, ALONG LAST MENTIONED SAID PARALLEL LINE NORTH
89026' 45" WEST 312.08 FEET; THENCE NORlli 440 22' 45" WEST 28.25 FEET TO THE
TRUE
POINT OF BEGINNING.ALL AS SH)WN ON THE A IT ACHED EXH!BIT "A" AND BY
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