RES-10045 Acquiring Real Property 2510-2560 E. Chapman Ave.I
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RESOLUTION NO. 10045
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE DECLARING THE PUBLIC INTEREST
AND NECESSITY OF ACQUIRING CERTAIN REAL
PROPERTY LOCATED AT 2510-2620 EAST
CHAPMAN AVENUE AND AUTHORIZING THE
ACQUISITION
THEREOF.Owner of Record: Pico Rusty Associates, LLC, a California Limited Liability
Company 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 Y orba 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 Orang~
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.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
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:
I. 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 13th day of December, 2005.
Mark A. Murphy, Mayor, Ci
ATTEST:
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 December, 2005, by the following
vote:
AYES:
NOES:
ABSENT:
BSTAIN:
COUNCILMEMBERS: Smith, Ambriz, Murphy, Cavecche
COUNCILMEMBERS: Dumitru
COUNCILMEMBERS: None
COUNCILMEMBERS: None
EG.
Mary E. rph, City Clerk, Oily ~ge
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EXHIBIT A
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That portion of Parcell as shown on map filed in Book 293, page 47 of Parcel Maps,
records of Orange County, California, described as follows:
Bel!inninl! at the northwesterly comer of said Parcell, said point being also on the
southerly right-of-way of
Chapman Avenue;Thence South 880 57' 25" East, along the northerly line of said Parcell
and said southerly right-of-way, a distance of 32.00 feet to the beginning
of a tangent curve concave to the south, having a radius
of 42.00 feet;Thence southerly and easterly along said curve, and
along said southerly right-of-way,through a central angle of 23004'20", an arc length of 16.
91 feet to the beginning ofa reverse curve concave to the north, having a radius of 58.00
feet, a radial bearing to said point
bears North 240 06' 55" East;Thence easterly along said curve, and along
said southerly right-of-way, through a central angle of230 04' 20", an arc length
of23.36 feet to a point of tangency;Thence South 88057'25" East, along said
southerly right-of-way, a distance of 80.00 feet to the beginning ofa tangent curve,
concave to the north, having a radius of58.00 feet;Thence northeasterly
along said curve and along said southerly right-of-way, through a central angle of 23004'20", an arc
length of 23.36 feet to the beginning of a reverse curve concave to the south, having a
radius of 42.00
feet, a radial bearing to said point bears South 22001' 45" East;
Thence northeasterly along said curve and along said southerly right-of-way, through a central
angle of23004'20", an arc length of 16.91 feet to a point oftangency;Thence
South 88057'25" East, along said southerly
right-of-way, a distance of 341.35 feet to the easterly line of said
Parcell;
Thence South 01002 35" West, along said easterly line, a distance of 3.94 feet;I
Thence North 890 54' 13" West, a distance of338.80 feet
to the beginning ofa curve concave to the south, having a radius of 42.00
feet;Thence southerly along said curve through a central angle of24011'17", an arc length of 17.73
feet to the beginning of a reverse curve concave to the north, having a
radius of 58.00 feet, a radial bearing to said point bears North 24005'30" West;
Thence southerly and westerlyalong said curve through a central
EXlUBIT Alcontinued)
Thence North 880 57' 25" West, a distance of 80.00 feet to the beginning ofa tangent
curve concave to the northeast, having a radius of 58.00 feet;
Thence northerly and westerly along said curve through a central angle of23004'20", an
arc length of 23.36 feet to the beginning of a reverse curve concave to the south having a
radius of 42.00 feet, a radial bearing to said point bears South 240 06'55" West;
Thence northerly and westerly along said curve through a central angle of23004'20", an
arc length of 16.91 feet to a point oftangency;
Thence NortJi 88057'25" west, a distance of 31.95 feet to a point on the westerly line of
said Parcell;
Thence North 000 44 '3 7" East, a distance of11.00 feet to the northwesterly most corner
of said Parcell and the Point of Beginning.
Containing 4390.02 S.F. more or less.
See plat attached hereto as Exhibit "B" and by reference thereto made a part hereof.
This Document was prepared under supervision of:
o I'Date
JsThielmannR.C.E. 25742 My
license expires 12/31/05
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EXHIBIT C
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TEMPORARY CONSTRUCTION EASEMENT
FOR THE VALUABLE CONSIDERATION, THE UNDERSIGNED OWNER HEREBY GRANTSPERMISSIONTOTHECITYOFORANGE, ITS OFFICERS, EMPLOYEES, AGENTS, INVITEES,AND EMPLOYED CONTRACroRS, HEREINAFTER COLLECTIVELY REFERRED TO AS CITY,TO ENTER UPON, TO PASS AND REPASS OVER AND ALONG THAT PORTION OF ITS LANDDESCRIBEDANDSHOWNONTHEPLAT. ATTACHED HERETO AND BY REFERENCE MADE APARTHEREOF, FOR THE PURPOSE OF PROVIDING ACCESS AND WORKING AREA FORGRADINGANDFORTHECONSTRUCTIONOFTHESTREETWIDENINGOFCHAPMANAVENUE: TO ENTER UPON, TO PASS AND REPASS OVER AND ALONG SAID LAND AND TODEPOSITTOOLS, IMPLEMENTS AND OTiIER MATERIALS THEREON BY SAID CITY AND BYPERSONSUNDERCONTRACTWITHITANDTHEIREMPLOYEESWHENEVERAND.WHEREVER NECESSARY FOR THE PURPOSES SET FORTH.
THIS PERMISSION IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS BEINGFULFILLEDBYCITY:
A) UPON COMPLETION OF THE STREET WIDENING WORK, ALL SURFACEIMPROVEMENTSSHALLBERESTOREDTOTHESAMEGENERALCONDITIONSASEXISTEDPRIORTOTHEBEGINNINGOFSAIDCONSTRUCTIONWORK
B) CITY SHALL INDEMNIFY THE UNDERSIGNED AGAINST AND HOLD THEUNDERSIGNEDHARMLESSFROMANYLOSSOFORDAMAGETOANYPROPERTY,OR INJURY OR DEATH OF ANY PERSON WHOMSOEVER, PROXIMATELY CAUSED INWHOLEORINPARTBYNEGLIGENCEOFCITYORBYANYACTOROMISSIONFORWHICHTHECITYISLIABLEINTHEEXERCISEOFTHERIGHTSHEREINGRANTED
IT IS UNDERSTOOD THAT THE PERIOD OF USE OF SAID EASEMENT SHALL EXIST FOR APERIODOFNOMORETHANTHREECONSECUTIVEMONTHS. PROPERTY OWNER WILL BEGIVENATLEASTA20DAYWRITTENNOTICEBEFOREANYCONSTRUCTIONWORKMAYCOMMENCEUNDERTHISTEMPORARYCONSTRUCTIONEASEMENT. THIS CONSTRUCTIONWORKMAYCOMMENCEASEARLYASAUGUST1,2005 OR THE DATE SET FORTH IN THECITY'S WRITTEN NOTICE, WHICHEVER OCCURS LATER. IN THE EVENT SAID AClUAL USEEXTENDSBEYONDTHEPRESCRIBEDPERIODOFTIMEANDSAIDUSEISVERIFIEDTHROUGHTHECITY'S CONTRACTOR LOGS, THE CITY SHALL PAY THE OWNER AT THERATEOF $3,130.00 PER MONTH PRORATED TO THE AClUAL DATE SAID AClUAL USETERMINATES. IT IS ALSO UNDERSTOOD THAT THE PROPERTY OWNER SHALL ENJOY FREEUNOBSTRUCTEDUSEOFTHETEMPORARYCONSTRUCTIONAREAUNTILSUCHTIMEASTHEDATESETFORTHINTHE. WRITTEN NOTICE AND THREE MONTHS THEREAFTER. THISEASEMENTSHALLBECOMENULLANDVOIDANDSHALLTERMINATEUPONCOMPLETIONOFSAIDCONSTRUCTIONANDINANYEVENTSHALLCEASEANDTERMINATENOTLATERTHANOCTOBER30, 2006.
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PICO ASSOCIATES
A CALIFORNIA GENERAL PARTNERSHIP
DATED BY
BY
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