RES-10026 Acquisition of Real Property 2504 E. Chapman Ave.RESOLUTION NO. 10026
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE DECLARING THE PUBLIC
INTEREST AND NECESSITY OF ACQUIRING
CERTAIN REAL PROPERTY LOCATED AT 2504
EAST CHAPMAN AVENUE AND AUTHORIZING
THE ACQUISITION THEREOF.
Owner of Record: So cony Mobile Oil Company, Inc.,
A New York Corporation
THE CITY COUNCIL OF THE CITY OF ORANGE AFTER NOTICED
HEARING AND BASED ON THE EVIDENCE SUBMITTED AT SUCH HEARING
DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS:
1. The City of Orange is a municipal corporation located in the County of Orange, State of
California.
2. The property hereinafter described (the Property) is to be taken in fee simple unless a lesser
estate is described, along with a portion to be taken for a temporary construction easement.
3. The Property is to be taken for a public use, namely for the construction of intersection
improvements at the intersection of Chapman Avenue and Yorba Street to handle increased
traffic volume and the staging of supplies and equipment for the work.
4. The Property is to be acquired pursuant to the authority conferred upon the City of Orange to
acquire property for public street purposes by eminent domain by California Code of Civil
Procedure Section 1230.010 et seq. and California Government Code Sections 37350.5 and
40404.
5. The Property to be taken is more particularly described in the legal description attached as
Exhibit A and the map attached as Exhibit B. A temporary construction easement is also
required as described in the attached Exhibit C.
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6. Mitigated Negative Declaration No. 1700-04 for the Chapman Avenue and Yorba Street
critical intersection widening intersection improvements was prepared and adopted by the
City Council on or about June 22, 2004, and there are no conditions, changes in the project or
new information that would require any further environmental review prior to condemning
the Property.
THE CITY COUNCIL OF THE CITY OF ORANGE FURTHER FINDS AND
DETERMINES AS FOLLOWS:
1. That the public interest and necessity require the acquisition of the Property for the proposed
proj ect;
2. That 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;
3. That the Property is necessary for the proposed project; and
4. That an offer has been made to the owner of record of the Property pursuant to California
Government Code Section 7267.2.
5. That notice of the hearing has been provided in accordance with Code of Civil Procedure
Section 1245.235.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ORANGE AS FOLLOWS:
1. The City Attorney is hereby authorized and directed to take all steps necessary to institute and
prosecute proceedings in a court of competent jurisdiction to acquire the Property by eminent
domain.
2. The Director of Finance is hereby authorized and directed to draw such warrants as may be
required by the Superior Court for deposit with the State Treasury for probable compensation
in accordance with California Code of Civil Procedure Section 1255.010.
ADOPTED this 27th day of September, 2005.
f Orange
ATTEST:
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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 27th day of September, 2005, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
dad
COUNCIL MEMBERS: Smith, Ambriz, Murphy, Cavecche
COUNCIL MEMBERS: Dumitru
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
Mary E. M
3 Reso No.
EXHIBIT A
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That portion of Parcel 4 as shown on map filed in Book 4, page 28 of Parcel Maps,
records of Orange County, California, described as follows:
Bel!.inninl!. at the northeasterly comer of said Parcel 4, said point being also on the
southerly right-of-way of Chapman Avenue;
Thence North 890 50'16" West, along the northerly line of said Parcel 4 and along said
southerly right-of-way, a distance of 135.00 feet to an angle point;
Thence South 45000' 41" West, along the northwesterly line of said Parcel 4, a distance
of 21.16 feet to an angle point and a point on the westerly line of said Parcel 4, said point
being also a point on the easterly right-of-way ofYorba Street;
Thence S 00" 08' 16" East, along said westerly line and along said easterly right-of-way, a
distance of 20.12 feet to the cusp of a curve concave to the southeast, having a radius of
24.00 feet, a radial to said point bears South 890 51'44" West;
Thence northerly and easterly along said curve through a central angle of 90018'00", an
arc length of37.82 feet to a point of tangency and the beginning ofa line parallel with
and 11.00 feet southerly of said southerly Chapman Avenue right-of-way;
Thence South 890 50'16" East, along said parallel line, a distance of 125.88 feet to the
easterly line of said Parcel 4;
Thence North 000 08'16" West, along said easterly line, a distance of 11.00 feet to the
Point ofBef!inninl!..
Containing 1662.63 S.F. more or less.
See plat attached hereto as Exhibit "B" and by reference thereto made a part hereof.
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This Document was prepared under supervision of:
fr'PAW-
ens 'elmann R.C.E. 25742
My license expires 12/31/05
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P.II.B. 293/47-48
PARCa 1
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TEMPORARY CONSTRUCTION EASEMENT
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FOR VALUABLE CONSIDERATION, THE UNDERSIGNED OWNER HEREBY GRANTS
PERMISSION TO THE CITY OF ORAr:GE, ITS OFFICERS, EMPLOYEES, AGENTS, INVITEES,
AND EMPLOYED CONTRACTORS, HEREINAFTER COLLECTIVELY REFERRED TO AS CITY,
TO ENTER UPON, TO PASS AND REPASS OVER AND ALONG THAT PORTION OF ITS LAND
DESCRIBED AND SHOWN ON THE PL\T, ATTACHED HERETO AND BY REFERENCE MADE A
PART HEREOF, FOR THE PURPOSE OF PROVIDING ACCESS AND WORKING AREA FOR
GRADING ANn FOR THE CONSTRUCTION OF THE STREET WIDENING OF CHAPMAN
AVENUE; TO ENTER UPON, TO PASS AND REPASS OVER AND ALONG SAID LAND AND TO
DEPOSIT TOOLS, IMPLEMENTS AND OTHER MATERIALS THEREON BY SAID CITY AND BY
PERSONS UNDER CONTRACT WITH IT AND THEIR EMPLOYEES WHENEVER AND
WHEREVER NECESSARY FOR THE PURPOSES SET FORTH.
TIllS PERMISSION IS GRANTED SCBJECT TO THE FOLLOWING CONDITIONS BEING
FULFILLED BY CITY:
A) UPON COMPLETION OF THE STREET WIDENING WORK, ALL SURFACE
IMPROVEMENTS SHALL BE RESTORED TO THE SAME GENERAL CONDITIONS AS
EXISTED PRIOR TO THE BEGINNING OF SAID CONSTRUCTION WORK.
B) CITY SHALL INDEMNIFY THE UNDERSIGNED AGAINST AND HOLD THE
UNDERSIGNED HARMLESS FROM ANY LOSS OF OR DAMAGE TO ANY PROPERTY,
OR INJURY OR DEATH OF ANY PERSON WHOMSOEVER. PROXIMATELY CAUSED IN
WHOLE OR IN PART BY NEGLIGENCE OF CITY OR BY ANY ACT OR OMISSION FOR
WHICH THE CITY IS LIABLE !}; THE EXERCISE OF THE RIGHTS HEREIN GRANTED.
IT IS UNDERSTOOD THAT THE PERIOD OF USE OF SAID EASEMENT SHALL EXIST FOR A
PERIOD OF NO MORE THAN THREE CONSECUTIVE MONTHS. PROPERTY OWNER WILL BE
GIVEN AT LEAST A 20 DAY WRITTEN NOTICE BEFORE ANY CONSTRUCTION WORK MAY
COMMENCE UNDER THIS TEMPORARY CONSTRUCTION EASEMENT. THIS CONSTRUCTION
WORK MAY COMMENCE AS EARLY .-\S AUGUST I, 2005 OR THE DATE SET FORTH IN THE
CITY'S WRITTEN NOTICE, WHICHEVER OCCURS LATER. IN THE EVENT SAID ACTUAL USE
EXTENDS BEYOND THE PRESCRIBED PERIOD OF TIME AND SAID USE IS VERIFIED
THROUGH THE CITY'S CONTRACTOR LOGS, THE CITY SHALL PAY THE OWNER AT THE
RATE OF $693.00 PER MONTH PRORATED TO THE ACUAL DATE SAID ACTUAL USE
TERMINATES. IT IS ALSO UNDERSTOOD THAT THE PROPERTY OWNER SHALL ENJOY FREE
UNOBSTRUCTED USE OF THE TEMPORARY CONSTRUCTION AREA UNTIL SUCH TIME AS
THE DATE SET FORTH IN THE WRITTEN NOTICE AND THREE MONTIlS TIlEREAFTER. THIS
EASEMENT SHALL BECOME NULL AND VOID AND SHALL TERMINATE UPON COMPLETION
OF SAID CONSTRUCTION AND IN ANY EVENT SHALL CEASE AND TERMINATE NOT LATER
TIIAN OCTOBER 30, 2006.
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Socony Mobil Oil Company
A New York Corporation
DATED BY
BY
EXHIBIT "C"
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