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RES-9841 Sale of Certain Vacated Portions of Pepper Street & Stewart DriveRESOLUTION NO. 9841 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE AUTHORIZING THE SALE OF CERTAIN VACATED PORTIONS OF PEPPER STREET AND STEWART DRIVE, TOGETHER WITH CERTAIN IN-PLACE SEWER FACILITIES,TO ST. JOSEPH HOSPITAL OF ORANGE, A CALIFORNIA NONPROFIT PUBLIC BENEFIT CORPORATION.WHEREAS, the City of Orange (the City) is a municipal corporation exercismg governmental functions and powers, organized and existing under the laws of the State of California; and WHEREAS, pursuant to the Public Streets, Highways, and Service Easements Vacation Law (commencing at Section 8300 of the Streets and Highways Code of the State of California; herein the Law) and, more specifically, Section 8355 of the Law, the City is authorized to sell or exchange a street, highway or public service easement, title to which is owned by the City, in the manner, and upon the terms and conditions, approved by the City Council; provided that the City Council first determines that said street, highway or public service easement is no longer needed by the public; and WHEREAS, in accordance with the Law, the City Council has heretofore adopted its Resolution No. 9840, finding that 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-Jl, together with the in-place sewer facilities (Sewer Facilities) generally depicted on the map attached hereto as Exhibit B and more particularly described on Exhibit B- 1, are no longer needed by the public and were, accordingly, vacated; and WHEREAS, as authorized by Section 8355 ofthe Law and for the common benefit of the Ci~y, the City Council desires to sell those vacated portions of Pepper Street and Stewart Drive and the Sewer Facilities to St. Joseph Hospital of Orange, a California nonprofit public benefit corporation (SJO), in accordance with the tenns and provisions of that certain Agreement of Purchase and Sale and Joint Escrow Instructions (herein referred to as the Agreement) in the fonn presented at this meeting; and WHEREAS, pursuant to Section 8313 of the Law and Section 65402 of the California Government Code, this City Council finds and determines that the location, purpose and extent of the proposed disposition of the vacated portions of Pepper Street and Stewart Drive, together with the Sewer Facilities, have been considered and reported on by the Director of the Community Development Department of the City of Orange and that said proposed disposition to SJO in accordance with the terms and provisions of the Agreement conforms to the City's adopted general plan; and WHEREAS, this City Council, as the lead agency under the California Environmental Quality Act (CEQA), finds and determines that the sale of the vacated and Stewart Drive, together with the Sewer Facilities, is categorically exempt from the provisions ofCEQA under Section 15312 ofthe State CEQA Guidelines; and WHEREAS, the vacated portions of Pepper Street and Stewart Drive, together with the Sewer Facilities, have been appraised as having a fair market value of Two Hundred Forty- eight Thousand Dollars ($248,000.00) and the purchase price set forth in the Agreement is in accordance with said appraisal; and WHEREAS, the City Council is willing to sell the vacated portions of Pepper Street and Stewart Drive, together with the Sewer Facilities, to SJO at their fair market value of Two Hundred Forty-eight Thousand Dollars ($248,000.00); and WHEREAS, SJO proposes to acquire the vacated portions of Pepper Street and Stewart Drive, together with the Sewer Facilities, pursuant to the terms and provisions of the Agreement to be entered into with the City in the form presented at this meeting and under the authority granted to the City by Section 8355 of the Law; and WHEREAS, the Agreement by and between the City and SJO has been prepared and submitted, providing for the conveyance of the vacated portions of Pepper Street and Stewart Drive, together with the Sewer Facilities, to SJO by the City for the purchase price and upon the tenus stated therein; and WHEREAS, the City Council has duly considered all of the terms and conditions of the Agreement, as set forth in the agenda report presented to it and any testimony received at the meeting at which this matter was considered, and believes that the activities described therein are for the common benefit, and in the best interests, of the City and the health, safety, morals and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law requirements.NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange,on the basis of the facts set forth in the agenda report presented to it and any testimony received at the meeting at which this matter was considered, as follows:1. The foregoing recitals are true and correct.2. The City Council finds and determines that the sale of the vacated portions of Pepper Street and Stewart Drive, together with the Sewer Facilities, is categorically exempt from the provisions of CEQA under Section 15312 of the State CEQA Guidelines and,accordingly, hereby authorizes and directs the City Clerk to file a Notice of Exemption with the Orange County Clerk.3. This City Council hereby approves the terms and provisions of the Agreement in the form presented at this meeting and authorizes and directs that the vacated portions of Pepper Street and Stewart Drive, together with the Sewer Facilities, be sold to SJO pursuant to the terms and provisions of the Agreement, and hereby authorizes and directs the Mayor to execute, and the City Clerk to attest, the Agreement on behalf of the City and to sign and deliver all documents and take all other actions necessary and appropriate to carry out, implement and administer the City's obligations thereunder. ADOPTED this 9th day of March, 2004. r, City of Orange ATTEST: C{" lkL~{ ~ Mary E. MU'rp : City Clerk, City 0 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 Onmge at a regular meeting thereof held on the 9th day of March, 2004, by the following vote: AYES: NOES: AB,SENT: ABSTAIN: COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Coontz COUNCILMEMBERS: None COUNCILMEMBERS: Cavecche COUNCILMEMBERS: None d'-'{~U-AA C {~_L-<--__Mary E. Murph iCity Clerk, City of 3 EXHIBIT A MAP DEPICTING THE PROPERTY Behind this sheet.] 0 1")-cjOl)-, f8,tL. lI. 0 o~1 01-wo:: t z:mQ J a::: ffidffi gt)~ o~o cnD.Z o 1) 0) h3'-o illO 0... WESTERlY UNE OF' PARCEL 3.S r: PARCEL MAP BOOK 106/ 9-10 10'O'S,'OAND EASTERLY RIGHT- OF-WAY 'f) R=fiO~t' h 21'29' 2. ~,PA-::- ~ ij< /):<0" ..nt.go "S 0005'4r W 128.85' \..: .".,.,.::': ~..'..,I::5'~ .~lf; jf! li: i~;~s1%i;i ,llt~~~;~;'~~;:{,;;,P~RP~ER~:"~ ~ :~: :.~.~*'R.E,~:'.:'....:::<" ,~""''-i:~':'<~::,+'~~,:::;:::}:~~:;,:-'i::-:':::~">""~'~?::.:':~': ":~~ :~~~,:::-:::~~~::.<:.~'~::,:":""" "~'tl-6. 10 biY;:::~::;~.:::~:" A- N 00' 05'4r E 109.57' 1\=19"50'57- ~04.'L-78.o I~l)~~~~" ~~~J~ t~O - 35.00' I 49.5( J. 1 cJT1 A= 26'53J ].R=24. 50 I I I c). '0 01 oj 1' 1 N 1\ 0. l1: >>'. PARCEL "A" L r/ Co 10 to N o SCA. LE: 1 "== 5{ J'1 j 0) s: 100 N~~3:wen I o,~0:::( 01 0.- IL._:J:It.. C)O~- olr g~ B J ffia::: t;c:: 5.... i1fg~ li:~ o~t1LEGEND l.:.>< l AREA GiVEN TO ST. JOSEPH HOSPITAL3: 1'-l. L1 UlDo 00:::(..-.Q, 0-. I- t.t:.!I-0:::'t:1 l WI 1-'en'I w:",~::.::., ;...1' 1 a. 10 m 1IJ IN FEET )n ':'.",,:, S. m"<'" It) ~::<~.::,<~~ Os ::<~<::~:. z Q] ::...-:..-.... 0 INCH::: 50 l),N 00' 01' 35" E 17.< 45' b o ci I')STREET b o o r ---- - - ----- - Exhibit B to Agreement of Purchase andSale and Joint Escrow 1 OF 1 IlIIstructions (Pepper Street/ Stewart Drive) Depictionof Sale Portions of PepperlStewart ASSOCIATESINC.701 PARI<COOtR ORNE. SNfrA N4A. CAlJRHM. 92705 m.. (714) 560-8200 EXHIBIT A- I LEGAL DESCRIPTION OF THE PROPERTY THE LAND REFERRED TO HEREIN IS SlTUA TED IN THE STATE OF CALIFORNIA, COUNTyOFORANGE, CITY OF ORANGE, AND IS DESCRIBED AS FOLLOWS:A PORTION OF LAND IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA IN LOT 37, AS PER DAWN TRACT MAP RECORDED IN BOOK 08, PAGE 21, OFJ!.jISCELLANEOUS MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBEz}.AS FOLLOWS:BEGINNING AT THE CENTERLINE INTERSEcrION OF SHERINGHAM STREET AND MEYERSTREETNOWKNOWNASMANCHESTERAVENUE) AS PER TRACT MAP NO. 2413 RECORDED IN BOOK73,PAGE 21 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OFSAIDCOUNTY; THENCE FOLLOWING THE CENTERLINE OF MEYER A VENUE (NOWMANCHESTERAVENUE) NORTH 0 DEGREES 12' 14" WEST A DISTANCE OF70.42 FEET TO THE BEGINNING OFATANGENTCURVECONCAVEEASTERLYHAVINGARADIUSOF475.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32 DEGREES 29' 37" AN ARC DISTANCE OF 272,76 FEET TO A POINT ON A TANGENT LINE; THENCE NORTH 32 DEGREES41'51" EAST A DISTANCE OF43.33 FEET; THENCE LEAVING THE CENTERLINE OFMANCHESTERAVENUEALONGALINEPERPENDICULARTOSAmCENTERLINESOUTH57DEGREES18' 09" EAST A DISTANCE OF 28,00 FEET TO THE EASTERLY RIGHT OF WAY LINE OF MANCHESTERAVENUE,TO THE TRUE POINT OF BEGINNING, T. p, O. R; THENCE FOLLOWING THE EASTERLY RIGHTOFWAYLINEOFMANCHESTERAVENUENORTH32DEGREES41' 51" EAST A DISTANCE OF 98.50 FEET; THENCE FOLLOWfNG THE OLD NORTHERLY RIGHT OF WAY LINE OF OLDMANCHESTERAVENUENORTH71DEGREES03' 22" EAST A DISTANCE OF 69.79 FEET TO THE BEGINNING OFATANGENTCURVECONCAVENORTHERLYHAVINGARADrnsOF120,13 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 49 DEGREES 43' 51" AN ARC DISTANCE OF OF 104,27 FEET TO THE BEGINNING OF A NON-TANGENT CURVEONTHEWESTERLYCALTRANSRIGHTOFWAYLINEASRECORDEDONCALTRANSAPPRAISALMAPSHEETAIOOF38, RECORDED TN DISTRICT 12, COUNTY OF ORANGE, ON STATEROUTE5BETWEENPOSTMILES34.0 AND 36.9, SAID POINT BEING THE BEGINNING OF ACURVEFROMWHICHARADIALLINEBEARSNORTH61DEGREES10' 43" EAST SAID CURVEBEINGCONCAVENORTHEASTERLYANDHAVINGARADIUSOF330.00 FEET; THENCESOUTHEASTERLYALONGSAIDCURVETHROUGHACENTRALANGLEOFIIDEGREES37' 30" AN ARC DISTANCE OF66.96 FEET TO THE BEGINNING OF A NON-TANGENT CURVE ON THE SOUTHERLY RIGHTOFWAYOFOLDM'\NCHESTER AVENUE, SAID POINT BEING THE BEGINNING OF A CURVEFROMWHICHARADIALLINEBEARSNORTH56DEGREES38' 26" WEST SAIDCURVEBEINGCONCAVENORTHWESTERLYANDHAVINGARADIUSOF180.13 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37 DEGREES 46' 07" AN ARC DISTANCEOF118.74 FEET TO A POINT ON A TANGENT LINE; THENCE SOUTH 71 DEGREES 03' 22" WEST A DISTANCE OF 122.71 FEET TO THE BEGINNING OF A TANGENT CUR VE CONCAVESOUTHEASTERLYHAVINGARADmsOF170,00 FEET; THENCE SOUTHWESTERLY ALONG SAIDCURVETHROUGHACENTRALANGLEOF8DEGREES00' 29" AN ARC DISTANCE OF 23.76 FEET TO THETRUE EXHIBIT "B" MAP DEPICTING THE GENERAL LOCATION OF THE SEWER FACILITIES r Behind this page.] EXHIBIT "B" O' 13 ::z2 lD ;I - :!a CI :;;;a m :!!;II ::iIII a 0 .. a =::::I c-. w:a a 0 I I I I I I I I I l STEWART DR I I I I ,I I I ,I I I I I II I I I I I I I , I I I I 1 I f / I I I I f I I I I I 1 : I I I I I I . I I ;.:0: I I I II I I I I I I 1 I I I I I I I cz:: rJj I I I 1 0- - - .. .. .. - ; II - - - tw ~ .. _ .. _... _ Q:; Sewer Manhole to be maintained by Sl Joseph' s Hospital LOCATION OF SANITARY SEWER MAIN Sewer Main to be maintained by St Joseph' s Hospital i i r i I I i i i i I I I i i i I I i I i I I i i I i j r 1 i I I 1 I I I LJ ST JOSEPH. S HOSPITAL fa SCALE: 1" = 100' EXHIBIT "B- P'LEGAL DESCRIPTION OF SEWER FACILITIES That portion of the 12 inch sanitary sewer mainline within the Pepper Street right ofwaybeginningat, but not including, the manhole, stationed as 5+ 13.11 on Plan SP 2966, located4feetwesterlyofthecenterlineofPepperStreet, more or less, and 398 feetnor.therly ofthecenterlineofLaVetaAvenue, more or less, and continuing up stream northerly along thesewermainlinetotheterminusofthelineatamanhole, stationed as 8+68.3~n Plan SP1672, located 4 feet westerly of the centerline of Pepper Street, more or less, and. 4 feet southerly ofthecenterlineofStewartDrive, more or less.Plans: SP 2966 and SP 1672 are public records on file in the offices of the Departme:nt ofPublicWorksoftheCityofOrangeandarebyreferenceheretoincorporatedhereinasthoughfullysetforth