RES-9391 Acquisition of Real Property 2006 W Chapman AveRESOLUTION NO. 9391
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE DECLARING THE PUBLIC
INTEREST AND NECESSITY OF ACQUIRING
CERTAIN REAL PROPERTY LOCATED AT 2006
WEST CHAPMAN AVENUE AND AUTHORIZING
THE ACQUISITION THEREOF.
Owner of Record: Jeffrey Horner, an unmarried man
THE CITY COUNCIL OF THE CITY OF ORANGE 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 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. A portion of the Property being condemned is property that has been impliedly dedicated to
the City in accordance with Civil Code Section 1009.
6. The Property, including the temporary construction easement, is located at 2006 West
Chapman Avenue, as is more particularly described in the attached exhibits, all of which are
attached hereto and incorporated herein by this reference.
7. An Environmental Impact Report for the Chapman Avenue widening was prepared and
certified in 1992 and no substantial changes have occurred with respect to the circumstances
and project under which the 1992 EIR was certified.
8. No new information has become available, which was not known and could not have been
known at the time the 1992 EIR was certified, that would result in any new significant effects
from the project.
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
project;
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.
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 March, 2001.
ATTEST:
Reso No. 9391 2 dad
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 27th day of March, 2001,
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
SLATER, ALVAREZ, MAYOR MURPHY, COONTZ
NONE
NONE
NONE
Cassandra J. Cathc , City Clerk of the City of Orange
3 Reso No. 9391
EXHIBIT A
ASSESSOR PARCEL NO. 390-
231-03 DATE PREPARED: J/
9/95 PREPARED BY: Yeiichiro Kobayashi, P.
E. 24202 THAT CERTAIN REAL PROPERTY SITUATED IN THE STATE
OF CALIFORNIA,COUNTY OF ORANGE, CITY OF ORANGE, DESCRlllED
AS FOLLOWS:TIrE SOUTH 15.00 FEET OF THE NORTH 45.00 FEET OF THE EAST 78.00
FEET OF TIrE WEST 185.96 FEET OF THAT PORTION OF SECTION 36, TOWNSHIP
4 SOUTH,RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN,
DESCRIBED
AS FOILOWS:BEGINNING AT A POINT IN THE NORm llNE OF SAID SECTION 36, WHICH
IS 8 CHAINS WEST OF THE NORTIiEAST CORNER OF SAID SECTION, SAID
POINT BEING THE NORTHWEST CORNER OF LAND CONVEYED TO EUZA TAYLOR
BY DEED DATED DECEMBER 17, IS77; THENCE WEST ALONG THE NORTH llNE
OF SAID SECTION 10.12 CHAINS TO THE NORTHEAST CORNER OF THE TRACT
OF LAND DESCRIBED IN AGREEMENT OF SALE BY A. B. CHAPMAN TO
J. RODRIGUEZ;THENCE SOUTH 10 CHAINS TO THE SOUTH UNE OF LAND CONVEYED TO
S. N.TALKINGTON BY DEED; TIIENCE EAST ALONG '!HE SOUTH LINE THEREOF
10.12 CHAINS TO THE SOUTHWEST CORNER OF LAND TO EllZA
TAYLOR; THENCE NORTH 10 CHAINS TO THE POINT
OF BEGINNING.CONTAINING AN AREA OF 1,170 SQUARE FEET, MORE
OR LESS.
1ichiro Kobayash'P.
EXHIB
CITY
OF ORANGE DBPARTMBNT
OFPUBUC WORKS ORANGE
COUNTY.c.uJFORNIA tEMPORAllY
CONSTJWCItON BABEMBNT CHAPMAtf
A VENUE a
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EASEMENT AP. No. 390-231-03 S.P.
No. 3097 TRACT No.t; LOCAllON
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YESTlNGHORNER
JEFFERY BOOK_PAGE_ORAWN~DAlE.
JLQQ..CHECI<EIl ~DA1E 3/00 RECORDIHG DAlE _1lOOl<_PAGE_ALE
CITY OF ORANGE
DEPARTMENT OF PUBLIC WORKS EXHIBIT B
ORANGE COUNTY. CALIFORNIA
CHAPMAN AVE.
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DESCRIPTIONFIT
LOCATION2D06
CHAPMAN A VF:
NUe VESTING JEFFERY HORNER DRAWNDAS
DATE 6/00
CHECKED RS DATE 6/00 RrcoROI/lIC DAlE A.P. No. 390-231-
03 S.P.
No. 3097 TRACT Ho.
BOOK_PACE_BOOK_PACE flLE
TEMPORARY CONSTRUCTION EASEMENT
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", ATrACHED HERETO AND BY
REFERENCE MADE A PART HEREOF, FOR lliE PURPOSE OF PROVIDING ACCESS AND WORKING
AREA FOR THE CONSTRUCTION OF THE STREET WIDENING OF WEST 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.THIS PERMISSION IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS
BEING FULFILLED BY
CITY:CA) 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.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 IN
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 4 MONTHS AND SHALL COMMENCE WITH THE FIRST ENTRY
ON OWNER'S PROPERTY BY CITY'S CONTRACTOR, IN THE EVENT SAIDACTJ.JAL USE
EXTENDS BEYOND THE PRESCRIBED PERIOD OF TIME AND SAlD USE IS VERIFIED THROUGH
THE CITY'S CONTRACTOR LOGS, THE CITY SHALL PAY THE OWNER AT THE RATE OF $192.
00 PER MONTH PRORATED TO THE ACTUAL DATE SAID ACTUAL USE TERMINATES.
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
THAN APRIL 1,
2004.DATED
OWNER
BY