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RES-9489 Acquisition of Real Property 1818 W. Chapman AvenueRESOLUTION NO. 9489 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE DECLARING THE PUBLIC INTEREST AND NECESSITY OF ACQUIRING CERTAIN REAL PROPERTY LOCATED AT 1818 WEST CHAPMAN AVENUE AND AUTHORIZING THE ACQUISITION THEREOF.Owner of Record: John T, Merrick and Lynne Merrick, husband and wife as joint tenants 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. The Property, including the temporary construction easement, is located at 1818 West Chapman Avenue, as is more particularly described in the attached exhibits, all of which are attached hereto and incorporated herein by this reference.6. 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.7, 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 24th day of July, 2001. ATTEST: W~AU~ Cassandra J. C cart, City Clerk of the City of Orange 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 24th day of July, 2001, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: SLATER, ALVAREZ, MAYOR MURPHY, COONTZ, CAVECCHE NONE NONE NONE Reso No. 9489 2 dad EXHIBIT A_ . ASSESSOR PARCEL NO. 390- 241-10 DATE PREPARED: 12/ 2/94 PREPARED BY: Yeiichiro Kobayashi, P. E. 24202 THAT CERTAINREAL Pl<.OPERTY SITUATED IN THE STATE OF CALIFORNIA COUNTY OF ORANGE, CITY OF ORANGE, DESCRIBED AS FOLLOWS:THE SOUTH 5.00 FEET OF THE NORTH 45.00 FEET OF THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 4 SOUTH, RANGE lOWEST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:BEGINNING AT THE NORTHWEST CORNER OF TRACT NO. 2192, AS SHOWN ON A MAP RECORDED IN BOOK 60, PAGE 44, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, THENCE SOUTH 89. 58' 30" EAST 100.00 FEET ALONG THE NORTHERLY LINE OF SAID TRACT; THENCE NORTH O. 00' 17" WEST 267. 00 FEET TO THE NORTHERLY LINE OF SAID SECTION 36 THENCE NORTH 89. 58' 30" WEST 100.00 FEET ALONG SAID NORTHERLY LINE TO THE NORTHWEST CORNER OF LAND DESCRIBED IN THE DEED TO ELIZA A. TAYLOR RECORDED DECEMBER 22,1881 J1Il BOOK 84, l'AGJ::, 340 UJ:- UJ::.bU:i, K.bCUKJJ:iUJ:- LV:i ANG.l:.LJ::.:i CUUNl Y, CALIFORNIA, THENCE SOUTH O. 00' 17" EAST 267.00 FEET ALONG THE WESTERLY LINE OF SAID LAND OF TAYLOR TO THE POINT OF BEGINNING. CONTA.J:NrnG AN AREA OF 500 SQUARE FEET, MORE OR LESS. l;;;):jI~/dz eiichiro Kobayashi / I 1'.E. 24202 J CITy O.F ORi'v~GE DEP.~TMENT OF PUBUC WORKS ORANGE COUN1Y, CALIFORNiA CHAPMAN AVE. N 89.04'51" W (N 89'58'30' W I. I f 5.00' N.W. COR. m. 2192 60/44 M.M. EXHIBIT B PDt TR. NO. 2192 MM. 60/44) N 89'04'51' W j 100.00'N 89' 04'51' Wt 5.00'100. 00' -'/1 It)l 0 0, c:; ri <:l ~ l 5 Cl.: It: i--.. s:> l l l l C) l II J t: IiS I tt) I I A. P. No. 390-24; 1-10 WORK DESCRIPTION FEE S.P. No.LOCATION1818CHAPMANAVE: NUE VESTING MERRICKJOHN/L YNNE DRAWN 11.T. K. DATE tl/94CHECKED Y. K. DATE 11 /94RECOROING DATE lRACT No.BOOK_PAGE_BOOK PAGE FILE LAHIBIT B TEMPORARY CONSTRUCTION EASEMENT FOR VALUABLE CONSIDERATION, THE UNDERSIGNED OWNER 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 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: 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. B) CITY SHALL INDEMNIFY THE UNDERSIGNED AGAINST AND HOLD THE UNDERSIGNED HARMLESS FROM ANY LOSS OF OR DAMAGE TO ftNY PROPERTY, OR INJURY OR DEATH OF ANY PERSON WHOMSOEVER, PROXIMATELY CAUSED IN WHOLE OR IN PART BY NEGLIGENCE OF CITY OR BY Am ACT OR OMISSION FOR WHICH THE CITY IS LIABLE IN THE EXCRClse or TIle I1IGIITG IICREIN GRAlffED. 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 THE CITY'S CONTRACTOR LOGS, THE CITY SHALL PAY THE OWNER AT THE RATE OF $262.00 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 O\-\'NER BY JOHN T. MERRICK BY LYNNE MERRICK CITY OF ORANGL DEPARTMENT OF PUBLIC WORKS EXH I B IT AL-l ORANGE COUNTI, CALIFORNIA JEMPORARY CONS1RUCTIONEASEMENT f'CHAPMAN AVENUE C) I<) l-bl-_-=-:_-r-~-C~: O~~" f========== r--- l------,;,.,. 10'" S" : -:! ':I .. r-----.L-----..C- C-;::;;;;-;;':~tioo :I Easement (Ar"" = 1038 sl) I C) l- I I I I I I I I I I I APN 390-241-10I1818w.: alAPMAN AVENUE :t MERRICKJOHN/L YNNE I I I I I .' I I I I C) I<) 11 : _f:i2: 3 I V)WORK DESCRIPTION TEMPORARY CONSTRue nON EASEMENT A.P. No. 390-241-10 S.P. No. 3097 TRACT No.LOCATION 1818 W. CHAPMAN AVENUE Q::I VESTING MERRICK JOHN/ L YNNE BOOK PAGE______DRAWN a.A.s. DATE 3100 CHECKED B.S. DATE 3/00 RECORDING DATE