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RES-9557 Acquisition of Real Property 2245 W Chapman AvenueRESOLUTION NO. 9557 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE DECLARING THE PUBLIC INTEREST AND NECESSITY OF ACQUIRING CERTAIN REAL PROPERTY LOCATED AT 2245 WEST CHAPMAN AVENUE AND AUTHORIZING THE ACQUISITION THEREOF. Owner of Record: U1tramar, Inc., A Nevada Corporation THE CITY COUNCIL OF THE CITY OF' ORANGE DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: I. 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 widening of Chapman Avenue. 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 is located at 2245 West Chapman Avenue, as is more particularly described in the attached Exhibits "A", "A-I" and "B" and the attached temporary construction easement,all of which are attached hereto and incorporated hemin by this reference.6. An Environmental Impact Report for the Chapman Avenue widening was prepared and adopted in 1992 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: I. That the public interest and necessity require the acquisition of the Property for the proposed projl)ct; 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 inj ury; 3. That the Property is necessary for the proposed project; and 4. That:m offer has been made to the owner of record of the Property pursuant to California Government Code Section 7267.2. BIE: 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 22nd day of January, 2002. ATTEST: I 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 22nd day of January, 2002, by the following vote: AYES: COUNCILMEMBERS: SLATER, ALVAREZ, MURPHY, COONTZ, CAVECCHE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE lf4'.t <: < ~"7iCi:ZA:/...uA.:r Cassandra J. Cath , City Clerk of the City of Orange Reso No. 9557 2 dad EXHIBJT A ASSESSOR PARCEL NO. 39-3724/ 9'DATE PREPARED: 11116/ 94 PREPARED BY: Yeiichiro Kobayashi, P.E. 24202 THAT CERTAIN REAL PROPERTY SITUATED IN ~'11"E STATE OF CALIFOR."ITA,COUNTY OF ORANGE, CITY OF ORJ\NGE, DESCRIBED AS FOLLOWS;All.. THOSE PORTIONS OF LOTS 19 AND 20 OF TRACT NO. 1277, AS SHOWN ONAMAPRECORDEDINBOOK39, PAGE 12 OF MISCELLANEOUS MAPS, RECORDSOFSAIDORAJ'\lGE COUNTY, DESCRIBED .AS FOLLOWS:PARCEL I THE SOUTH 10.00 FEET OF SAID LOTS 19 AND 20.PARCEL 2 BEGINNING ATT'".dEINT'".t:.RSECTION OF THE NORTH LINE OFABOVE-DESCRIBED PARCEL 1 AND TIIE WEST LINE OF SAID LOT20; THE1'\lCE, ALONGSAIDWESTLINENORTH0051' 19" EAST (NORTH 00 IT40. E<\ST PER TRACT NO. 1277) 16.00 FEET; THENCE, SOUTH 44006' 46" EAST 22.64 FEt:.l", MORE OR LESS, TOAPOINTINSAIDNORTHLINEOFPARCEL1, DISTANT EASTJ=-RLY 16.00FEETMEASUREDALONGSAIDNORTHLINEFROMSAIDPOINTOFBEGINNING; THENCE, ALONG SAID NORTH LINE NORTH 890 04' 51" WEST 16.00 FEET TO SAIDPOINT Il:MPUKAKY {;UN::i I KU{; liON l:A::il:MENf FOR VALUABLE CONSIDERATION, THE UNDERSIGNED OWNERS HEREBY GRANTS PERMISSION TO THE CITY OF ORANGE, 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 EXHIBIT .A-1", ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF, FOR THE PURPOSE OF PROVIDING ACCESS AND WORKING AREA FOR THE CONSTRUCTION OF THE STREET WIDENING OF WEST CHAPMAN AVENUE; TO ENTER UPON, TO PASS AND REPASSOVERANDALONGSAIDLANDANDTODEPOSITTOOLS, IMPLEMENTS AND OTHER MATERIALS THEREON BY SAID CITY AND BY PERSONS UNDER CONTRACT WITH IT AND THEIR EMPLOYEES, WHENEVER tWD WHEREVER NECESSARY FOR THE PURPOSES SET FORTH.fHlS PERMISSION IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS BEING FULFILLED BY ITY:A) UPON COMPLETION OF STREET WIDENING WORK, ALL SURFACE IMPROVEMENTS SHALL BE RESTORED TO THE SAME GENERAL CONDITIONS AS EXISTED PRIOR TO THE BEGINNING OF SAID CONSTRUCTION WORK.EI) 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 IN THE EXERCISE OF THE RIGHTS HEREIN GRANTED.C) THE CITY SHALL UTILIZE THE TEMPORARY CONSTRUCTION EASEMENT IN A MANNER THAT SHALL ENSURE DIRECT ACCESS ONTO CHAPMAN AVENUE FROM AND TO THE OWNER' S PROPERTY IS OPERATIONALLY ACCESSIBLE DURING THE PERIOD OF THE TEMPORARY CONSTRUCTION EASEMENT AND THAT ACCESS TO ALL GAS PUMPS IS MAINTAINED.IRRESPECTIVE OF THE TEMPORARY CONSTRUCTION EASEMENT. THE OWNER RECOGINZES THAT ACCESS TO CHAPMAN AVENUE WILL BE ALTERED AND OTHERWISE RESTRICTED DUE TO THE ACTUAL STREET WORK AND RECONSTRUCTION OF THE DRIVEWAY APRON AND SIDEWALK THAT OCCURS ADJACENT TO OWNER'S PROPERTY.IT IS UNDERSTOOD THAT THE PERIOD OF USE OF SAID EASEMENT SHALL EXIST FOR A PERIOD OF NO MORE THAN 4 MONTHS AND SHALL COMMENCE WITH THE FIRST ENTRY ON OWNER'S PROPERTY BY CITY'S CONTRACTOR. IN THE EVENT SAID ACTUAL USE EXTENDS BEYOND THE PRESCRIBED PERIOD OF TIME AND SAID USE IS VERIFIED THROUGH THECITY'S CONTRACTOR OGS, THE cln' SHALL PAY THE OWNER AT THE RATE OF $757.67 PER MONTH PRORATED TO THE CTUAL DATE SAID ACTUAL USE TERMINATES. THIS EASEMENT SHALL BECOME NULL AND VOID NO SHALL TERMINATE UPON COMPLETION OF SAID CONSTRUCTION AND IN ANY EVENT SHALL EASE AND TERMINATE NOT LATER THAN APRIL 1, 2004.DATED OWNER: BY: CITY- OF ORANGE DEPARlMENT OF PUBUC WORKS ORANGE COUNTY, CALlFORNIA J-:, ifi 81 I i I v 0 ll..~ : EXHIBIT B I Il.s ~ II" [ b ll:8 IJ. J 8 50' ~TRACTNO. t I 1277 M.M~ 38/ 12 1.0T 20 1.0T 18 Il.s 1.0T 1B II"III ~0: ~l!.J ~ 8 26. ct7 Ai:?C= L 211., P.O.B.PCL 2 L N44. 06'46. H 22.64' ~ PA.~C~I I ~N C7C1.&;" J...t 1/ 4.06._"_I Sli'10.00'N 8'1.04' 51" hi 150.06'N 8Q.S830' hi r-r::R TR.. NO. /277)If)q;Cl-fAi=HAN A. yo-=: N 8' 1.04'5" H N 8CJ.S8 '3crhi P: 3R TR.. N::J. (277)11 lij J FJ'{I ~WORK DESCRIPTION FEE LOCATION 2245 CHAPMAN AVENUE VESTING u:.. T' Fi:AHAR A.P. No_ 05cr-572-:Yi S. P. No.TRACi No.DRAWN H.TXDATE 1IP.4 CHECKED~ DATE~RECORDING DATE _BOOK_"AGi:_:;L::300K_PAGE CiTY OF O.RP.~NGE DEPlillrMENT OF PUBUC WORKS ORANGE COUNT~-. ClIl1F~ RNIA EX HI B IT A-ITEMPORARyCONSTRUCTIONEASEMENT , I 1-:' I) Q' S:~ C, c:~ 1 30' APN 039- 372-09 2245 W. CHAPMAN A veNUE ULTRAMAR II J emporory Construction j Easement (Area = 2649 sf)\ I I , I IJ I ! I I I1 __ __.~_.________ ______ L__~~tobeA~~ired ~__ ~ _____~______ CHAPMAN AVENUE a l II Gj 2: 5I V)WORK DESCRIPTION TEMPORARY CONSlRUCTlON EASEMENT LOCATION 2245 W. CHAPMAN A VE:NUEVt.::> IINGUL lRAMAR I . J!, DRAWN D_AS DATI: 3/0DCHECKED 80S DATI: 3/00 RECORDING DATI: _BOOK_PAGE A. P. No. 039-372- 09 s.P. No. 3097 TRACT No.BOOK_~ AGE