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RESOLUTION NO. 92-151
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, AUTHORIZING THE
ACQUISITION OF A TEMPORARY CONSTRUCTION
EASEMENT AND THE EXPENDING OF FUNDS, THEREFOR
AND THE INSTITUTION OF EMINENT DOMAIN
PROCEEDINGS (A PORTION OF ASSESSOR'S PARCEL
90. 401-521-10, CAMPBELL PROPERTY)
WHEREAS, the acquisition of a temporary construction easement
in, over, along and across a portion of Assessor's Parcel No. 401-
521-10 is needed for public purposes, namely to be utilized for the
widening of Yorba Street within the City of Tustin; and
WHEREAS, certain provisions of state law (to wit: Code of
Civil Procedure § 1240.010 and § 1240.110, Government Code
37350.5 and § 37353, and Streets and Highways Code ~ 4090)
authorize the acquisition and use of property for street widening
purposes; and
WHEREAS, Notice of an Opportunity to be Heard was given to the
property owner pursuant to the State Eminent Domain Law (CCP §
1245.235);
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
Section
Public Use is for a Street Wideninq Project.
The public use, to which a portion of Assessor's Parcel No.
401-521-10 is necessary, is for the widening of an existing
roadway, to wit, Yorba Street, within the City of Tustin.
Section 2.
Description of Property.
The property to be acquired is as a temporary construction
easement is described as a portion of Assessor's Parcel No. 401-
521-10, located between First Street and Irvine Loulevard, City of
Tustin, more particularly described in Exhibit "A" attached and
incorporated herezn by reference.
Section 3.
Findings._
The City Council hereby makes the following findings:
a) The public interest and necessity require the widening of
Yorba Street, to accommodate the additional traffic generated on
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Resolution No. 92-151
Page 2
the arterial highway system on and near Yorba Street wJthin the
City of Tustin;
b) The proposed project is planned or located in the manner
that will be most compatible with the greatest public good and the
least private injury;
c) A temporary construction easement over, along and across
the described portion of the property is necessary for this
project, to wit, the widening of Yorba Street;
d) An offer to acquire a temporary construction easement
over, along and across the described portion of the property has
been mane to the owner of the property pursuant to Government Code
§7267.2.
Subsidiary Findinqs:
1) Yorba Street is designated as a planned secondary
arterial street on Tustin Circulation Element and on the County of
Orange's Master Plan of Arterial Highways. As such, this
designation means that Yorba Street has been classified and
designed for a four lane street. Yorba Street connects two
significant arterials to wit: Irvine Boulevard, a primary arterial
highway, and 17th Street, a major arterial highway, all as
designated and defined in the Orange County Master Plan of
Highways.
2) To date, Yorba Street between First. Street and IrvJne
Boulevard has already been widened to four lane capacity along most
of Yorba Street. Current traffic on Yorba Street is 10,633
vehicles per day. This will grow to 23,000 vehicles per day by the
year 2000. The street widening is critical to the capacity ~o
carry projected future traffic volumes on Yorba Street, Irvine
Boulevard, 17th Street, and to and from the I-5 Freeway and State
Route 55 Freeway, as well as to and from residential feeder streets
which access all of the aforementioned arterial highways.
3) The County of Orange Arterial Funding Program provides
50/50 match of funding for the project, Wl~t. Tustin providing the
other half of the cost.
4) The widening of Yorba Street is planned and located in a
manner that will be most compatible with the public good and least
private injury, in that the County of Orange and the City of Tustin
have lcng planned for Yorba Street to be secondary arterial street
with a carrying capacity of four lanes. At present, a portion of
Yorba Street is restricted to one travel lane. By widening Yorba
Street, the four lane capacity for Yorba Street will be fully
completed, thus capable of accommodating the above stated travel
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Resolution No. 92-151
Page 3
loads. Yorba Street was originally constructed more than fifty
(50) years ago as a two-lane residential street. Only si~gle
family residences were on the street. First Street was a two-lane
street and there was no I-5 Freeway or SR-55 Freeway. The
properties along Yorba Street between First Street and Irvine
Boulevard have now been converted from residential to commercial
and professional uses, including the subject property.
5) A temporary construction easement on the Campbell parcel
is necessary to accommodate the widening of Yorba Street, in that
there exists a grade separation between the Campbell parcel and
Yorba Street. The ability to occupy a portion of the Campbell
parcel on a temporary basis will enable the City to provide a
smooth transition from the street to the lot, thereby eliminating
pedestrian (trip and fall) hazards and to provide for proper
drainage of surface waters for the street and the adjacent
properties including the subject property. The Public Works Staff
Report prepared for the December 7, 1992, hearing is hereby
incorporated herein by reference in support of these findings.
Section 4.
Leqal Authority to Condemn the Property.
State Eminent Domain Law, more specifically, Code of Civil
Procedures §§ 1240.010 and 1240.110 authorize public entities to
acquire any property to be utilized for a public purpose.
Government Code § 37350.5 authorizes a city to acquire any property
necessary to carry out any of its powers and functions and
Government Code § 37353 authorizes cities to acquire property
needed for street purposes. Streets and Highways Code § 4090
provides that cities may acquire by condemnation any and all
property, including easements necessary and convenient for the
construction, widening and maintenance of public streets.
Section 5.
Authorization.
The City Manager, Director of Public Works, and City Attorney
are authorized and directed to perform ail acts necessary on behalf
of the City for the acquisition of a temporary construction
easement, including, without limi'oation the retention of Palmieri,
Tyler, Wiener, Wilhelm & Wa]dron as special counsel for the City,
and are further authorized to prepare, institute and prosecute to
conclusf, on on behalf of the City, an action in eminent domain, or
such proceedings as may be required for the acquisition of a
temporary construction easement of a portion of the property
described herein, to do any and all other things in connection with
such proceedings, as in their judgment may be necessary and
convenient to the successful conclusion of said proceedings.
Section 6.
Expenditure of Funds.
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Resolution No. 92-151
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The City Manager is hereby authorized to expend funds
available to the City for the acquisition of a temporary
construction easement of the real property described herein.
Section 7.
Environmental Documentation
The California Environmental Quality Act has been fully
complied with and the City of Tustin has prepared a negative
declaration for this project and filed a notice of determination
with the County Clerk.
Section 8.
Repealer.
Resolution 92-135 is repealed in its entirety.
PASSED AND ADOPTED, at a special meeting of the City Council
for the City of Tustin on this 22nd day of December , 1992.
'~EgLIE ANNE °PONTIOUS, Mayor
EST:
E. WYNN, city Clerk
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EXHIBIT "A"
TEMPORARY CONSTRUCTION EASEMENT
135 N. YORBA STREET (AP 0401-521-10)
A temporary construction easement over 135 Yorba Street, Assessor's
Parcel Number 401-521-10 for the reconstruction of driveway,
parking area, walk, planter, regrade and reseed of turf area and
appurtenances adjacent to new street improvements in conjunction
with the project to widen the eastside of Yorba Street between
First Street and Irvine Boulevard described as follows:
The westerly 34.00 feet of Lot 5, Block A of Mountain View Garden,
Tract No. 396 as shown on a map recorded in Book 16, Page 10 of
Miscellaneous Maps, records of Orange County, California.
Excepting that portion described in a deed recorded May 9, 1923 in
Book 465 Page 312 of deeds, records of said Orange County.
Also excepting that portion described in the offer of dedication
recorded September 22, 1982 as document No. 82-333808.
"The subject temporary easement shall commence upon the
effective date of the order of immediate possession and
continue to the date that the notice of completion of the
Yorba Street widening project is approved and accepted by the
City Council of the City of Tustin."
JO:k[b:TEMPEASE
City of Tustin
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
RESOLUTION NO. 92-151
Mary E. Wynn, City Clerk and ex-officio Clerk of the City Council of the
City of Tustin, California, does hereby certify that the whole number of
the members of the City Council is five; that the above and foregoing
resolution was passed and adopted at a special meeting of the City Council
held on the 22nd day of December, 1992, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Pontious, Potts, Puckett, Saltarelli, Thomas
None
None
None
Valerie Whiteman, Chief Deputy City Clerk
for Mary E. Wynn, City Clerk