RES-11066 Acquire In Fee For Handy Public Park PurposesRESOLUTION NO. 11066
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE DECLARING PUBLIC PURPOSE
AND AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE AN AGREEMENT
WITH THE CALIFORNIA DEPARTMENT OF
TRANSPORATION TO ACQUIRE IN FEE,
PROPERTY LOCATED IN HANDY PARK FOR
PUBLIC PARK PURPOSES.
WHEREAS, the California Department of Transportation ( "Caltrans ") is the owner of a
certain real property located in what is commonly referred to as Handy Park, in the City of
Orange; and
WHEREAS, the City of Orange currently has a 50 -year lease for said certain real
property from Caltrans and that lease will expire on the last day of February 2024; and
WHEREAS, the City of Orange currently utilizes the leased real property as part of
Handy Park and desires to acquire fee ownership of the said leased real property and continue to
use it for public recreation and enjoyment as part of Handy Park prior to the expiration of said
existing lease; and
WHEREAS, the City Council desires to acquire fee interest in the said certain real
property depicted on the Assessor's Map attached to this Resolution as Exhibit A and further
described as legal description shown on Exhibit B; and
WHEREAS, the City Council desires to authorize the City Manager, or his designee, to
negotiate and execute all necessary documents in furtherance of the acquisition of the property
described herein, for the purpose stated herein.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange
as follows:
Section 1. The recitals stated above are true and correct and incorporated herein by
reference.
Section 2. The City Clerk is hereby authorized and directed to cause a certified copy
of this Resolution, attested by the City Clerk under seal, to be recorded without acknowledgement,
certificate of acknowledgement, or further proof in the Official Records of the County of Orange.
Section 3. All actions heretofore taken by the officers, employees and agents of the
City with respect to the acceptance of conveyance and the recordation of any instrument relating
to any and all of the real property and /or parcels described in this Resolution are hereby
approved, confirmed and ratified, and the officers and employees of the City are hereby
authorized and directed, jointly and severally, to do any and all things and to execute and
deliver any and all certificates and documents which they may deem necessary or advisable in
order to acquire in fee said property and otherwise to effectuate the purposes of this Resolution.
Section 4. This Resolution shall take effect from and after its date of adoption.
ADOPTED this 13th day of February 2018.
a-
Teresa . Smith, Mayor, City of Orange
ATTEST:
Mary E. , ity Clerk; ange
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ORANGE
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do 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 February 2018, by the following vote:
AYES: COUNCILMEMBERS: Alvarez, Whitaker, Smith, Murphy, Nichols
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
Mary , City lerk, i Orange
Resolution No. 11066
EXHIBIT A
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Written by:TJF Affects 000100- 01- O1(A180 -Unit 1
Chocked by :WBP 980108- 01- 01(A181)
DESCRIPTION
All that real property in the City of Orange, County of Orange,
State of California, described as:
That portion of the Wost one -half of the West one -half of Lot 3
in Block F of the A. B. Chapman Tract, as surveyed by T. R. Nicolos
in 1871, being a part of the Northwest quarter of Section 28, T 4 S,
R 9 W, SBM, bounded Northerly by the Southerly line of Parcel 6 of
State Highway Relinquishment No. 304 recorded in nook 8067, pages 780
to 782, inclusive, of Official Records in the office of the County
Recorder of said county, and bounded Westerly by the following described
line:
Beginning at a point in the northerly line of Lot E in said
Block F of said tract, distant thereon N 89' 10' 29" W. 529.57 feet
from the Northeast corner of the northwest quarter of said Lot fi s thence
N 04 0 17' 20" W, 1231.94 feet to a point in the Southerly line of said
Parcel 6, distant thereon N 86. 26' 49" E, 5.41 fact from the South-
westerly corner of said Parcel 6.
EXCEPTING TIMIREFROM that portion thereof bounded Westerly by the
Easterly line of the Westerly 200.00 fact thereof, measured at right
angles to the Westerly line thereof.
There shall be no abutter's rights of access appurtenant to the
above- described real property in and to the adjacent Stato freeway.
ALSO EXCEPTING AND RESERVING to tho State of California, its
successors and assigns, an easement for the conveyance of water and
incidental purposes in, on, under and across the westerly 10.00 feet
of the Southerly 935.92 feet of the heroinabove- described parcel of
land, measured along the Westerly line thereof.
TOGETHER with all rights of ingress and egress to and from said
landas provided, however, that grantoo, his successors and assigns
may use the surface of the above- described easement Area, without,
however, the right to build permanent structures thereon.
ALSO MSERMIG unto the Stato of California, ita successors and
assigns, a temporary construction easement in, on, over and across that
portion of the hereinabove described parcel of land lying Northerly of
the following doscribed line:
Doginning at a point in that course herainabove described as having
a baring and distance of H 04 17' 20" W 1231.94 feet, distant thereon
S 04' 17' 20" E, 180.00 fact from the Northerly terminus thereof thence
S 89. 15 50" E, 301.28 foot to the Easterly line of said West one -half
of the West one -half of said Lot 3.
Said temporary construction easement shall expire January 1, 1990
and shall become null and void as if never made.
EXEMPT FROM RECORDER'S FEES
Pursuant to Government Code §§ 6103 and 27383
And Per Street and Highway Code 8325 Recorded in Off R, Orange CountHughNguyen, Clerkicial - Recorder
ecords
Recording requested by and when recorded return to:fill NO FEE
9
City Clerk 201 8000062815 10:45 am 02/22/18
City of Orange 62 417 R28 8
300 East Chapman Avenue 0.00 0.00 0.00 0.00 21.00 0.00 0.000.00 0.00
Orange, CA 92866
SPACE ABOVE FOR RECORDER'S USE)
RESOLUTION NO. 11066
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ORANGE DECLARING
PUBLIC PURPOSE AND AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND
EXECUTE AN AGREEMENT WITH THE
CALIFORNIA DEPARTMENT OF
TRANSPORATION TO ACQUIRE IN FEE,
PROPERTY LOCATED IN HANDY PARK
FOR PUBLIC PARK PURPOSES.