RES-9827 Vacating Portions of Pepper Street & Stewart DriveRESOLUTION NO. 9827
A RESOLUTION OF THE: CITY COUNCIL OF THE
CITY OF ORANGE STATI\fG ITS INTENT TO
VACATE PORTIONS OF THOSE PUBLIC STREETS
COMMONL Y KNOWN AS PEPPER STREET AND
STEW ART DRIVE GENERALL Y LOCATJ<:D
ADJACENT TO ST. JOSEPH HOSPITAL AND THE
ST. JOSEPH OUTPATIENT PAVlLION.
WHEREAS, upon the request of St. Joseph Health System and St. Joseph Hospital of
Orange, each a California nonprofit public benefit corporation, the City Council of the City of
Orange declares its intent to vacate those portions of Pepper Street and Stewart Drive generally
depicted on the map attached hereto as Exhibit A and more particularly described on Exhibit
A-I, which are public streets and rights-of-way located adjacent to St. Joseph
Hospital and the St. Joseph
Outpatient Pavilion; and WHEREAS, the City Council intends to reserve and except from such
vacation: (1) all existing easements for public utility facilities line purposes and any right
necessary to maintain,operate, replace, remove or renew such public utilities or other
public improvements underlying the subject easement; and (2) the casement and right at any time, or from time
to time, to com.truct, maintain, operate, replace, remove, and renew sanitary sewers and
storm drains and appurtenant structures in, upon, over, and across those portions of Pepper
Street and Stewart Drive proposed to be vacated and, pursuant to any existing franchise or
renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew, and enlarge
lines of pipe,conduits, cables, wires, poles, and other convenient structures, equipment, and
fixtures for the operation of gas pipelines, telegraphic and telephone lines, railroad lines,
and for the transportation or distribution of electric energy, petroleum and its
products, ammonia, and water, and for incidental purposes, including access to protect these works from
all hazards in,upon, and over those portions of Pepper Street and Stewart Drive proposed to
be vacated; and WHEREAS, the vacation of those pOliions of Pepper Street and
Stewart Drive for public road and highway purposes is conducted pursuant to Division 9, Part 3, Chapter
3 of the Streets and Highways Code (commencing at
Section 8320); and WHEREAS, a hearing for all persons interested in the proposed vacation
shall be held on March 9, 2004 at 4:30 p.m. in the Council Chambers of the City of Orange,
300 E. Chapman
Avenue, Orange, California.NOW, THEREFORE the City Clerk is hereby directed to publish
and post this resolution of intention in the manner required by Sections 8322 and 8323 of
the Streets and Highways Code of the
ADOPTED this loth day of February, 2004.
M:1L:VhY,M City of Orange
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 10th day of February, 2004, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Coontz, Cavecche
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
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Exhibit B to Agreement of Purchase and Sale
and
Joint Escrow 1 OF 1Instructions (Pepper
Street/
Stewart
Drive)
Depictionof Sale Portions of Pepper/Stewart
8. ASSOCIATES INC.701 PARKCDlTER
ORNE.
SN<<A ANA. CAIJOAtM 12705 m. (714) 580-8200
EXffiBIT "A..I"
I,F-GAI,
OF-SCRIPTION ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF
ORANGE, CITY OF ORANGE, DESCRIBED
AS FOLLOWS:THOSE PORTIONS OF PEPPER STREET AND STEWART DRIVE AS SHOWN ON A PARCEL
MAP FILED IN BOOK 106, PAGES 9 AND 10 OF PARCEL MAPS, IN THE CITY OF ORANGE, COUWry
OF ORANGE,STATE OF CALIFORNIA, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED
AS FOLLOWS:TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUSOF 35.50
FEET; THENCE,SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 120 04' 54",
AN ARC DISTANCEOF 7.49 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF PEPPER
STREET (28.00 FOOT HALF-WIDTH); THENCE SOUTH 000 05' 47" WEST, ALONG SAID LINE,
128.85 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING
A RADIUS OF 170.70 FEET; THENCE, SOUTHEASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 240 29'25", AN ARC DISTANCE OF 72.96 FEET; THENCE, SOUTH 240 23' 38" EAST,
6.72 FEET TO ANGLE POINT; THENCE LEAVING SAID LINE, NORTH 900 00' 00" WEST, A
DISTANCE OF 60.67 BEGINNING AT THE NORTHWEST CORNER OF PARCEL 2 OF SAID PARCEL MAP;
THENCE, NORTH 000 01' 35"EAST ALONG THE NORTHERLY PROLONGATION OF THE WESTERLY LINE
OF SAID PARCEL 2, SAID WESTERLY LINE BEING ALSO THE EASTERLY RIGHT OF WAY LINE OF
BUSH STRImT (30.00 FOOTHALF-WIDTH), A DISTANCE OF 17.45 FEET TO THE
BEGINNING OFA NON TANGENT CURVE CONCA VI:: SOUTHEASTERLY, HAVING A RADIUS OF 24.50 FEET;
A RADIAL LINE SAID TO BEARS NORTH no 52' 44" WEST; THENCE, NORTHEASTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 280 53' 07", AN ARC DISTANCE OF 12.35 FEET TO A POINT ON
A LINE THAT 20.50 FEET NORTHERLY, MEASURED AT RIGHT ANGLES,
FROM THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID STEWART DRIVE (35.00 FOOT
HALF-WIDTH); THENCE, NORTH 890 59' 37" WEST PARALLEL WITH SAID LINE, 239.90 FEET
TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 80.00
FEET; THENCE, EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 100 00' 19", AN ARC DISTANCE OF 13.
97 FEET; THENCE, SOUTH 790 59' 18" EAST, A DISTANCE OF 40.46 FEET
TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 24.
50 FEET; THENCE, SmITH EASTERLY ALONG STEWART SAID CURVE THROUGH A CENTRAL ANGLE OF 220 55' 21", AN
ARC DISTANCE OF 9.80 FEET; THENCE, SOUTH 570 03' 57" EAST, A DISTANCE OF 11.26 FEET TO THE
BEGlNNING OF A TO THE BEGINNING OF A NON TANGENT CURVE
CONCAVE NORTHEASTERLY, IN THE WESTERLY RIGHT-OF-WAY LINE OF SAID PEPPER STREET (28.00 FOOT
HALF-WIDTH), HAVING A RADIUS OF 226.70 FEET; A RADIAL LINE SAID
TO BEARS NORTH 700 14' 50" EAST; THENCE, NORTHWESTERLY, ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF
19050' 57", AN ARC DISTANCE OF 78.54 FEET; THENCE, NORTH 000 05' 47" EAST, ALONG SAID LINE, 109.57
FEET; THENCE, NORTH 520 23' 30" WEST, 32.78 FEET TO THE NORTHERLY
LINE OF SAID PARCEL 2, SAID NORTHERLY LINE BEING ALSO THE SOUTHERLY RIGHT-OF-WA
Y LINE OF DRIVE (35.00 FOOT HALF-WIDTH), THENCE, NORTH
89059' 37" WEST ALONG SAID LINE, 248.66 FEET TO THE