HomeMy WebLinkAbout16 EDINGER WIDENING 12-16-02AG E N DA RE PO RT
NO. 16
12-16-02
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
APPROVAL OF THE RESOLUTION OF NECESSITY FOR THE
ACQUISITION OF ASSESSOR PARCEL NO. 430-252-007 FOR THE
EDINGER AVENUE (SMART STREET) WIDENING PROJECT
(CIP NO. 7147)
SUMMARY
The proposed resolution will authorize Legal Counsel to acquire property by condemnation for the
Edinger Avenue (Smart Street) Widening Project. Negotiations with the owner of the abandoned
railroad spur line on the north side of Edinger Avenue just west of Del Amc Avenue (AAE Pacific
Park Associates, LLC-Assessor Parcel No. 430-252-007) have reached an impasse and in order
to acquire the needed property in a timely manner the Resolution of Necessity needs to be
adopted.
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 02-114 by a four-fifths (4/5) vote
authorizing and directing the City Attorney and/or Special Legal Counsel to acquire by
condemnation, certain real property interests in the City of Tustin, State of California, described as
a portion of Assessor Parcel No. 430-252-007, and to obtain immediate possession, thereof, for
the Edinger Avenue (Smart Street) Widening Project and declaring the public convenience and
necessity thereof.
FISCAL IMPACT
The Edinger Avenue (Smart Street) Widening Project (CIP No. 7147) is included in the City's FY
2002-03 Capital Improvement Program Budget. Right-of-way acquisition funds for this project
consist of Measure "M" Smart Street Funds. The Smart Street Project along Edinger Avenue is
located partially in the City of Santa Ana and partially in the City of Tustin. On April 1, 2002, the
Tustin City Council approved a Cooperative Agreement with the City of Santa Ana that specifies
that the City of Santa Ana shall be the lead agency for administering the Measure "M" Smart
Street funds for the design and acquisition phases of the project. The Santa Ana City Council
approved the Cooperative Agreement on April 15, 2002. As outlined in the Cooperative
Agreement, the City of Santa Ana, on behalf of the City of Tustin, will request reimbursement from
the Orange County Transportation Authority (OCTA) for all right-of-way funds expended by the
City of Tustin. Adoption of the Resolution of Necessity will authorize the City to post a deposit of
$7,950 for right-of-way acquisition of a portion of Assessor Parcel No. 430-252-007 plus the cost
of legal counsel for the eminent domain process.
Approval of the Resolution of Necessity for the Acquisition of Parcel APN No. 430-252-007 for the
Edinger Avenue (Smart Street) Widening Project
December 16, 2002
Page 2
BACKGROUND
The Edinger Avenue (Smart Street) Widening Project proposes to widen Edinger Avenue between
Ritchey Street in the City of Santa Ana and 1400 feet east of Red Hill Avenue. The street
widening will be to six-lane major arterial highway standards with dual left turn lanes and exclusive
right turn lanes as needed to reduce congestion and improve level of service. Bike lanes will also
be installed for both directions. The existing roadway will also be resurfaced, drainage
improvements will be constructed and a raised landscaped median will be installed.
In order to construct the improvements, right-of-way is required from twelve (12) properties in the
form of acquisitions. Offer letters have been presented to owners of the property interests for all
12 properties. To date, two escrows have closed, and two properties are in the process of being
acquired by Easement Deed. For Assessor Parcel No. 430-252-007, the City's real property
negotiator has reached an impasse with the property owner or is not confident that appropriate
settlement on this property can be obtained in a timely manner.
A. The public interest and necessity require the project.
The public interest and necessity require the project for the following reasons:
1. The widening project will improve traffic circulation by providing additional roadway
capacity.
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The project is being constructed in conjun, ction with an overall County-wide program to
improve traffic circulation along the Moulton Parkway "Smart Street" Corridor. This
corridor includes Edinger Avenue, Irvine Center Drive, Moulton Parkway and Street of
the Golden Lantern that traverses the Cities of Santa Ana, Tustin, Irvine, Aliso Viejo,
Laguna Hills, Laguna Niguel and Dana Point.
3. Construction of the project will complete the last remaining segment of Edinger Avenue
in Tustin to be widened as part of the "Smart Street" Corridor Program.
4. The widening brings Edinger Avenue into conformity with the Orange County Master
Plan of Arterial Highways.
5. The widening brings Edinger Avenue into conformity with the City of Tustin's Circulation
Element of the General Plan.
6. The project will complete the last remaining segment of Edinger Avenue Bike Lanes and
bring Edinger Avenue into conformity with the City of Tustin's Master Bikeway Plan.
It is recommended based upon the above evidence that the City Council find and determine
that the public interest and necessity require the project.
Approval of the Resolution of Necessity for the Acquisition of Parcel APN No. 430-252-007 for the
'Edinger Avenue (Smart Street) Widening Project
December 16, 2002
Page 3
B. The proposed project is planned and located in the manner that will be the most compatible
with the greatest public good and least private injury.
This project was cleared environmentally through preparation of a Mitigated Negative
Declaration. The Mitigated Negative Declaration for the Edinger Avenue (Smart Street)
Widening Project was approved by the Tustin City Council on April 16, 2001 and the Notice of
Determination was recorded in the office of the Orange County Recorder on May 8, 2001.
The City's Engineering Consultant worked closely with the City's Right-of-way Consultant and
several affected property owners to minimize acquisitions and to create local traffic circulation
enhancements.
Assessor Parcel No. 430-252-007 is a former railroad right-of-way and is generally long and
narrow in configuration (30 feet of frontage along Edinger Avenue). Development of the
subject property is not considered financially feasible due to the relatively narrow width of the
subject property and the difficulty in meeting setback and on-site parking requirements.
It is recommended that, based upon the foregoing, the City Council find and determine that the
project is located in the manner that will be most compatible with the greatest public good and
the least private injury.
C. The subject property interests are necessary for the proposed project.
1. APN No. 430-252-07 (AAE). The construction of the Edinger Avenue Widening Project
necessities acquisition of a portion of this property.
This property is depicted graphically on Exhibit B attached to the Resolution of
Necessity. Right-of-way documentation in the form of a legal description is. attached as
Exhibit A to the Resolution of Necessity.
D. An offer was made in compliance with Government Code Section 7267.2.
California Code of Civil Procedure Section 1245.230 requires that a Resolution of Necessity
contain a declaration that the governing body has found and determined that either the offer
required by Section 7267.2 of the California Government Code has been made to the owners
of record or that the offer has not been made because the owner cannot be located with
reasonable diligence.
California Government Code Section 7267.2 requires that an offer be made to the owner or
owners of record and in an amount which the agency believes to be just compensation. The
amount must not be less than the agency's approved appraisal of the fair market value of the
property. In addition, the agency is required to provide the owner (s) with a written statement
of, and summary of the basis for, the amount it established as just compensation.
Approval of the Resolution of Necessity for the Acquisition of Parcel APN No. 430-252-007 for the
Edinger Avenue (Smart Street) Widening Project
December 16, 2002
Page 4
City staff and the City Council have taken the following actions as required by California law for
the acquisition of the subject property:
1. Obtained an appraisal to determine the fair market value of the property.
2. Reviewed and approved the appraisal, and established just compensation in an amount
not less than the approved appraisal.
3. Determined the owner of the subject property by examining the county assessor's
records.
4. Made a written statutory offer to the property owner for the full amount of just
compensation, which was not less than the approved appraised amount.
E. The property owner was notified of the proposed adoption of the Resolution of Necessity and
of the Right to be Heard.
California Code of Civil Procedure Section 1245.235 requires that a property owner be
provided notice of the proposed adoption of a Resolution of Necessity and of the Right to be
Heard. By letter dated November 26, 2002, City staff notified the property owner of these
rights. A copy of the letter is attached as Exhibit C. The property owner has 15 days to file a
request with the City Clerk to speak on December 16, 2002. Staff shall inform the City Council
on December 16, 2002, if such a request was timely filed.
Based on the evidence provided above, and testimony received at the hearing it is
recommended that the City Council adopt Resolution No. 02-114 authorizing and directing the
City Attorney and/or Special Legal Counsel to acquire by condemnation certain real property
interests described as a portion of Assessor Parcel No. 430-252-007 and to obtain immediate
possession, thereof, for the Edinger Avenue (Smart Street) Widening Project and declaring the
public convenience and necessity thereof.
Tim D. Serlet
Director of Public Works/City Engineer
Dana R. Kasdan ~ ~
Engineering Services Manager
TDS; ccg: Approval of Reso of Necessity for Smart St.doc.
Attachments
Resolution of Necessity
Appendix A to Resolution of Necessity
Notice of Intent to Adopt.
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RESOLUTION NO. 02-114
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, STATE OF CALIFORNIA, AUTHORIZING AND
DIRECTING THE CITY ATTORNEY AND/OR SPECIAL LEGAL
COUNSEL TO ACQUIRE BY CONDEMNATION CERTAIN REAL
PROPERTY INTERESTS IN THE CITY OF TUSTIN, STATE OF
CALIFORNIA, AND TO OBTAIN IMMEDIATE POSSESSION
THEREOF FOR THE EDINGER AVENUE WIDENING PROJECT
(CIP 7147) AND DECLARING THE PUBLIC CONVENIENCE
AND NECESSITY THEREOF.
The City Council of the City of Tustin ("City"), by vote of two-thirds or more of its
members, FINDS, DETERMINES, DECLARES, AND RESOLVES that:
WHEREAS, City intends to construct the Edinger Avenue Improvements ("Project"), a
ic use, and, in connection therewith, acquire interests in certain real property. The
Project is for a public use that is a function of City; and
WHEREAS, City intends to construct the Project to make effective the principal
purpose of street widening in compliance with the City's General Plan, including but not
limited to property to be used for the protection or preservation of the attractiveness, safety,
and usefulness of the Project as set forth in Code of Civil Procedure section 1240.120(a);
and
WHEREAS, the Project requires the acquisition of fee interests and temporary
construction easements in certain real property; and
WHEREAS, City is authorized to acquire the parcel(s) described in Appendix A
together with a map thereof, attached hereto and incorporated herein by this reference, and
exercise the power of eminent domain for the public use set forth herein in accordance with
the California Constitution and the California Eminent Domain Law, Code of Civil Procedure
Section 1230.010 et seq. and pursuant to Streets and Highways Code Section 10102 (street
right of way); Government Code Section 54031 (parking); Government Code Section 38730
(water facilities); Streets and Highways Code Section 5100 et seq. (Street Improvement Act
acquisitions); and
WHEREAS, the real property interests sought to be acquired for the Project consists
of one parcel and is located within the territorial limits of City and is generally located on the
north side of Edinger Avenue between the SR-55 Freeway and Red Hill Avenue; and
WHEREAS, the plans for the Project are on file with the Director of Public Works of
City; and
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WHEREAS, the Project is planned and located in a manner which will be the most
compatible with the greatest public good and least private injury; and
WHEREAS, City has established the amounts it believes to be just compensation for
the hereinafter described real property interests sought to be acquired; and
WHEREAS, pursuant to Government Code section 7267.2, City has offered to the
owners of the real property and interests therein the full amount established as just
compensation for the real property sought to be acquired; and
WHEREAS, City has provided the owners of the real property and interests therein a
written statement and summary of the basis for the amount established as just compensation
for the real property and interests sought to be acquired; and
WHEREAS, a reasonable length of time has expired since the date of the offers to the
owners of the real property and interests therein sought to be acquired, and the owners have
failed to favorably respond to the offers of the amounts established by City as just
compensation; and
WHEREAS, some or portions of the property and interests therein hereinafter
described are being acquired as a "remnant" pursuant to Code of Civil Procedure section
1240.410; and
WHEREAS, some or portions of the property and interests therein hereinafter
described are being acquired for a compatible joint use pursuant to Code of Civil Procedure
section 1240.510; and
WHEREAS, the Project is part of the City's Capital Improvement Program, and on
August 5, 2002, the City Council of City, adopted Resolution No. 02-77 exempting the
acquisitions required by the Project from the provisions of Government Code, section 65402;
and
WHEREAS, on May 8, 2001 pursuant to Public Resources Code section 21000, et
seq., the California Environmental Quality Act ("CEQA"), the City filed a Notice of
Determination under CEQA with the County Clerk of the County of Orange, California; and
WHEREAS, pursuant to the provisions of Code of Civil Procedure, section 1245.235,
on November 26, 2002 there was mailed a Notice of Hearing on the intent of City Council to
Adopt a Resolution of Necessity for acquisition by eminent domain of the real property
described in Appendix A, which Notice of Hearing, Appendix B, is attached hereto and
incorporated herein by this reference. The Notice of Hearing was mailed to all persons
whose names appear on the last equalized County Assessment Roll as having an interest in
the property described in Appendix A, and to the address appearing on the Roll. The Notice
of Hearing advised those persons of their right to be heard on the matters referred to therein
and as specified in Code of Civil Procedure section 1240.030 on the date and at the time and
place stated therein.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, STATE OF
CALIFORNIA, finds, determines and orders as follows:
SECTION 1. The above recitations are true.
SECTION 2. The December 16, 2002 staff report has been read and considered
along with all evidence presented at the hearing.
SECTION 3. The hearing set out in the Notice of Hearing was held on December 16,
2002 at the time and place stated therein, and all interested parties were given an
opportunity to be heard. The hearing was closed.
SECTION 4. Based upon the evidence presented, including the staff report and all
written and oral evidence presented at the hearing, this City Council by vote of two-thirds or
more of its members, further FINDS, DETERMINES, DECLARES, AND RESOLVES each of
the following:
a. The public interest and necessity require the proposed Project.
b.
The proposed Project is planned or located in the manner that will be the most
compatible with the greatest public good and the least private injury.
c. The property described in Appendix A is necessary for the proposed Project.
d,
The offer required by Government Code section 7267.2(a), together with the
accompanying statement of and summary of the basis for the amount
established as just compensation, was made to the owner or owners of record,
which offer and accompanying statement/summary were in a form and
contained all of the factual disclosures provided by Government Code section
7267.2(a).
SECTION 5. All conditions and statutory requirements necessary to exercise the
power of eminent domain ("the right to take") to acquire the property described herein have
been complied with by City.
SECTION 6. The City Attorney or Special Legal Counsel, Hahn & Hahn, is hereby
AUTHORIZED and EMPOWERED:
a,
To acquire in the name of City, by condemnation, the property described in
Appendix A, in accordance with the provisions of the California Eminent
Domain Law and the California Constitution;
bo
To acquire the property in fee simple absolute unless a lesser estate is
described in Appendix A;
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C.
To prepare or have prepared and to prosecute or to retain counsel to prosecute
in the name of City such proceedings in the proper court as are necessary for
such acquisition;
d,
To deposit the probable amount of compensation, based on an appraisal, and
to apply to the court for an order permitting City to take immediate possession
and use of the property for the public uses and purposes.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
on the 16th day of December, 2002
Jeffery M. Thomas
Mayor
ATTEST:
PAMELA STOKER
CITY CLERK
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City of Tustin
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
CITY OF TUSTIN )
RESOLUTION NO. 02-114
I, PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, hereby certifies that the whole number of the members of the City
Council of the City of Tustin is five; and that the above and foregoing Resolution No. 02-
114 was adopted at a regular meeting of the City Council held on the 16th day of
December, 2002, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Pamela Stoker, City Clerk
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A.
Bo
Exhibit "A"
Exhibit "A"
Appendix A
CONTENTS
Legal Description AAE-2
Legal Description Parcel AAE-2
Temporary Construction Easement
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EXHIBIT 'A'
LEGAL DEscRn'TION
AA.E-2
PARCEL 1:
THAT PORTION OF LOT 65, BLOCK 10 OF IR IN 'S'SUBDIVISION IN THE
CITY OF TUSTIN,-.COUNTY OF ORANGE, STATE OF, CALIFORNIA AS PER MAP
FILED IN BOOK I, PAGE 88 OF MISCELLANEOUS MAPS, RECORDS OF SAID
COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF
SAID LOT 65, SAID LINE ALSO BEING THE CENTERLINE OF NEWPORT
' AVENUE(18.288 METERS WIDE), WITH THE CENTERLINE OF EDINGER
AVENUE (24.384 METERS WIDE) AS SHOWN ON THE MAP FILED IN BOOK 28,
PAGE 12 OF PARCEL MAPS, RECORDS OF SAID COUNTY; THENCE ALONG
SAID CENTER_LINE OF EDINGER AVENUE SOUTH 49020'30'' EAST
173.121 METERS; THENCE LEAVING SAID CENTERLINE
NORTH 40o39'30" EAST 12.192 METERS TO THE BEGINNING OF A
NON-TANGENT CURVE CONCAVE. SOUTHEASTERLY, HAVIIqG A RADIUS OF
116.693 METERS, A RADIAL LINE TO SAID BEGINNING OF CURVE BEARS
NORTH 37°59'21'' WEST, SAID CURVE ALSO BEING THE SOUTHERLY'LINE OF
THAT CERTAIN PARCEL'DESCRIBED IN BOOK 7078, PAGE 484 OF OFFICIAL
RECORDS OF SAID COUNTY; THENCE NORTHEASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 1 °31' 51" A DISTANCE OF
3.118 METERS TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
4°10'44" A'DISTANCE OF 8.512 METERS; THENCE NON-TANGENT TO SAID
CURVE NORTH 49020'30" WEST 9.532 METERS TO THE BEGYNNING OF A
NON-TANGENT.CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF
125.837 METERS, A RADIAL LENrE TO SAID BEGINNING OF CURVE BEARS
NORTH 33°33'11" WEST, SAID CURVE ALSO BEING THE NORTHERLY LINE
OF SAID PARCEL DESCRIBED IN BOOK 7078, PAGE 484 OF OFFICIAL
f:ksurvcysg2dok0103h-eports~legalXeat2_rev.doc Sheet 1 of 2
July 22, 2002
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RECO~S OF SAID COUNTY; THENCE SOUTHWESTERLY ALONG SAID
CLrRVE THROUGH A CENTRAL ANGLE OF 3°51 '21" A DISTANCE OF
8.469 METERS; THENCE NON-TANGENT TO SAID CURVE
SOUTH 49°20'30" EAST 9.362 METERS TO THE TRUE POINT OF BEGINNING.
CONTA/NING 77.6 SQUARE METERS OR 0.0078 HECT~S, MORE OR LESS.
SEE EXHIBIT 'B' ATTACHED HERETO AND MADE A PART HEREOF.
THIS LEGAL DESCRIPTION IS NOT INTENDED FOR USE IN THE DIVISION
AND/OR CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP
ACT OF THE STATE OF CALIFORNIA.
PREPARED UNDER THE DIRECTION OF
WALTER A. SHEEK, PLS 4838
LICENSE EXPIRES 9/30/04
fSsurVeys~2dokO 103 h-eports\legal~eat2_rev.doc
July 22, 2002
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EXHIBIT
I'! B II
A. T. & S. F.
R .
LA BD, BK
TUS11NCOMMIJfllTY
REDEVELOPMENT AGENCY
LDT b5 (,,.,,.. ,,o.,.-,,o, )
BLODK JO
JR~JNE'S SUBDIVISJDN
RIGHT
C,/L AT&$F' RR R,~t' ACCEPTED AS
$W'LY LIN£ ZDT
304.
NORTFR~ST£RLY L tNT
/LOT 65.BLOCK I0
IAI 1/118
I,I
Z PARCEL I
~ I t'r~?'~ 24' 32'w
O I POB' TPOB.
I '-'--- / ~2. ig~
~ I 173 121m I
u.I ~ \/ s,.',o'3o"£
NEIffoO~T ,4
\
\
\
P S 2 2 3
DF* DEEDS
S4g' 20' 30"E
,%
HERBERT KAUFMAN
(--'~ ~. 430-~'~-00~')
LINE / CURVE TABLE
BEARING I DISTANCE
N4 g' ~0' 30"W 9. S32m
Sdg' ZO' 30'E g.
RAD I USDELTA LENGTH
116. 69~2' 3B' 2D" 5.37~
125. B3?m 3'51'21" B. 46~
~ AN IRREVOCABLE OFFER TO CDNVEY
~ EASEMENT TO THE CITY OF TUSTIN ~,
' PER INST. RECORDED APRIL 20, Ig73
IN BOOK IOGS5, PAGE 910, O.R.
(ITEM','8, PTR'930~4113)
1'3t'52" ~
L'3, I I~ ~
ED ! NOER
lOT. 133m
280.254m
PER M F0~,'44-45
ACCEPI'ED ~ ~Z INT.
Z
i,i
L.LI
AVENUE.
OF WAY
'/*2. ISIm
DESCRIPTION: PORTION OF LO7 65, BLOCK I0, IRVINE'S
SUBDIVISION, M.M. I/8B
PREPARED FOR:CITY OF TUSTIN
I'PSOM~S
Psomos & ASSOCIOtes-£OS~O laeso
3187 Red HltlAvenue, "250
Costo Meso. Collfornio 92626
714/751-T373 Engineers
S~veyors
Plonners
SHEET I OF I
SCALE NONE
DRAFTED LCM
CHECKED WAS
DATE 07/22/02
JOB
NUMBER 2DOKO 03
PSOM $
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EXHIBIT ' A'
LEGAL. DESCRIPTION
PARCEL AAE-2
TEMI~ORAR¥ CONSTRUCTION EASEMENT
THAT PORTION OF LOT 65, BLOCK 10 OF IRVINE'S SUBDIVISION IN THE
CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAP
FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS, RECORDS OF SAID
COUNTY, BEING A 5.000 METER WIDE STRIP OF LAND, THE
SOUTH'WESTERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF SAID
LOT 65, SAID LINE ALSO BEING THE CENTERLINE OF NEWPORT AVENUE
(18.288 METERS WIDE), WITH THE CENTERLINE OF EDINGER AVENUE
(24.384 METERS WIDE) AS SHOWN ON Tim MAP FILED IN BOOK 28, PAGE 12
OF PARCEL MAPS, RECORDS OF SAID .COUNTY; THENCE ALONG SAID
CENTERLINE OF EDINGER AVENUE SOUTH 49°20'30" EAST 173.121 METERS;
THENCE LEAVING SAID CENTERLINE NORTH 40°39'30" EAST 12.192 METERS
TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY,
HAVING A RADIUS OF 116.693 METERS, A RADIAL LINE TO SAID BEGINNING
OFCURVE BEARS NORTH 37°59'21" WEST, SAID CURVE ALSO BEING THE
SOUTHERLY LINE OF THAT CERTAIN PARCEL DESCRIBED IN. BOOK 7078,
PAGE 484 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTHEASTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5o42'35" A DISTANCE OF
11.630 METERS TO THE .TRUE POINT OF BEGINNING; T.~NCE NORTH 49020'30"
WEST 9.532 METERS.
THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED SO
..
AS TO TERMINATE SOUTHEASTERLY IN THE SOUTHEASTERLY LINE AND
NORTHWESTERLY IN THE NORTHWESTERLY LINE OF SAID PARCEL
DESCRIBED IN BOOK 7078, PAGE 484 OF OFFICIAL RECORDS OF SAID
COUNTY.
S:2dokO103V'eports\legalk:at2_tee.doc
July 22, 2002
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SEE EXHIBIT 'B' ATTACHED HERETO AND MADE A PART HE, OF.
THIS LEGAL DESCRIPTION IS NOT-INTENDED FOR USE IN THE DIVISION
AND/OR CONVEYANCE OF LAND. IN VIOLATION OF THE SUBDIVISION MAP
ACT OF THE STATE OF CALIFORNIA.
PREP~D UNDER THE DIRECTION OF
WALTER A. SHEEK, .PLS 4838
LICENSE EXPIRES 09/30/04
Si2dok0103~'eports\legaReat2_tce.d oc
July 22, 2002
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'Sheet 2 of 2
'EXHIB.IT "B"
A ·
T. & S. F.
/C~I. #EWPOR~
d~FPrED ~5 ~'L r L
LOt 65. BLK ~0
R ·
R ·
TUSTIN~I~,~&JNIT¥
REDEVELOeMENT AGENCY
·
BLOCK JO ~
]RVJNE' $ SUBD] VJSJON F
,<
w
NORTHWESTERLY LINE
~'LOT ~,~. BLOCK IO
T£MPORARY
EASEMENT
!~' 33' I I'W
? D223
OF
O &fl IRREVOCABLE OFFER 1'O CONVEY
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.DESCRIPTION: POR'I'ION 'OF LOT 65, BLOCK I0, IRVINE'S
SUBDIVISION, M.M. 1/88
PREPARED FOR:CITY DF' TUSTIN
PSOlvI~S
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JOB
NUMBER 2DOKOI03
NOTICE OF INTENT TO ADOPT
Office of the City Manager
November 26, 2002
City of Tustin
300 Centennial Way
Tustin, CA 92780
714.573.3010
FAX 714.838.1602
AAE Pacific Park Associates, LLC
cio Michael H. Liefer, Esq.
Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP
2603 Main Street, E~ist Tower, Suite 1300
Irvine, CA 92614
,
Re: Notice of Hearing Regarding Adoption of a ResolUtion of Necessity to Acquire
Property by Eminent Domain [California Code of Civil Procedure 1245.235]
Edinger Avenue Widening Project (CIP 7147)
Dear Property Owner:
1. Notice of the Intent of Tustin City Council to Adopt a Resolution of
Necessity. The City Council intends to consider the. adoption of a Resolution of
Necessity on December 16, 2002 that, if adopted, will authorize the City of Tustin
("City") to acquire the property described herein by eminent domain for the Edinger
Avenue Widening Project between the SR-55 Freeway and 1,400 feet east of Red Hill
Avenue (CIP 7147).
A description of the property being considered for aCquisition marked.Appendix A
accompanies the proposed Resolution of Necessity, attached to this Notice as Exhibit A
(which property shall be referred to .herein as the Property).
2. Notice of Your Right to Appear and be Heard. Please take notice that the
City Council of City, at a regular meeting to be held on Monday, DeCember 16, 2002 at
7:00 p.m. or as soon thereafter as the matter may be heard, at 300 Centennial Way,
Council Chamber, Tustin, California, will hold a hearing on whether such a Resolution of
Necessity should be adopted, as required by California Code of Civil Procedure section
1245.220 for the commencement of an eminent domain proceeding to acquire real
property.
You have a right to appear and be heard before the City Council at the above
scheduled hearing on the following matters and issues, and to have the City Council
give judicious consideration to your testimony prior to deciding whether or not to adopt
the proposed Resolution of Necessity.
a. Whether the public interest and necessity require the proposed project;
AAE Pacific Park Associates LLC
Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by
Eminent Domain
November 26, 2002
Page 2
b. Whether 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. Whether the property sought to be acquired by eminent domain and
described ,in the Resolution of Necessity is necessary for the proposed
project.
d. Whether the offer required by Government Code section 7267.2,
subdivisions (a), (b), and (c), together with the accompanying statement
and summary of the basis for the amount established as just
compensation, was actually made to you and whether said offer and
statement/summary were in a form and contained all of the factual
information required by Government Code section 7267.2, subdivisions
(a), (b), and (c), a copy of which is attached hereto.
e. Whether the City has complied with all conditions and statut°ry
requirements necessary to exercise the power of eminent domain (the
"right to take'') to acquire the property described herein, as well as any
other matter regarding the right to take said property by eminent domain;
and
f. Whether the City has statutory authority to acquire the property by
eminent domain.
A copy of the proposed Resolution of Necessity that will be recommended to the
City Council for adoption accompanies this Notice.
Your name appears on the last equalized County of Orange assessment roll and
as Owner (in our preliminary title report) of the property required for the proposed
project.
The statutes that authorize the City to acquire the property by eminent domain for
this proposed project are Streets and Highways Code Section 10102 (street right of
way); Government Code Section 54031 (parking); Government Code Section 38730
(water facilities);'Streets and Highways Code Section 5100 et seq. (Street Improvement
Act acquisitions).
AAE Pacific Park Associates LLC
Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire' Property by
Eminent Domain
November 26, 2002
Page 3
3. Failure to File a Written Request to Be Heard within Fifteen ('15) Days
After the Notice Was Mailed Will Result in Waiver of the Right to Appear and Be
Heard. If you desire to be heard, please be advised that you must file a written request
with the City Clerk within fifteen (.15) days after this Notice was mailed. You must file
your request to be heard at Tustin City Hall, 300 Centennial Way, Tustin, California,
92780-3767.
Should. you elect to mail Your request to the City Clerk, it must be actually
received by the City Clerk for filing within fifteen (15) days after this Notice was mailed.
The date of mailing appears at the end of this Notice.
California Code of Civil Procedure section 1245.235(b)(3) provides that "failure to
file a written request to appear and be heard within fifteen (15) days after the Notice
was mailed will result in waiver of the right to appear and be heard" on the above
matters and issues that are the subject of the hearing.
If you elect not to appear and be heard in regard to compensation, your
nonappearance will not be a waiver of your right to claim greater Compensation in
a court of law. The amount to be paid for the property will not be considered by
the City Council at this hearing.
If you elect not to appear and not to be heard, your failure to appear will be
a waiver of your right'to later challenge the right of the City to take property by
eminent domain.
The amount of the compensation to be paid for the acquisition of the property is
not a matter or issue being heard by the City Council at this time. Your
nonappearance at this noticed hearing will not prevent you from claiming greater
compensation, in and as determined bY a court of law in accordance with the
laws of the State of California. This Notice is not intended to foreclose future
negotiations between you and the representatives of the City on the amount of
compensation to be paid for your property.
If you elect not to appear and not to be heard, you will only be foreclosed from
raising in a court of law the issues that are the subject of this noticed hearing and
that are concerned with the right to take the property by eminent domain.
S:\CIP Projects - Active\7147 - Edinger Ave Widening~cquisitionV~AE Eminent Domain. DOC
AAE Pacific Park Associates LLC
Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by
Eminent Domain
November 26, 2002
Page 4
If the City Council elects to adopt the Resolution of Necessity, then. within six
months of the adoption of the Resolution, the City will commence eminent domain
proceedings in Superior Court. In that proceeding, the Court will determine the amount
of compensation to which you are entitled.
Dated and Mailed on November 26, 2002.
Attachments '
(Copy of Government Code section 7267.2, subdivisions (a), (b), and (c))
(Proposed Resolution of Necessity)
Government Code Section 7267.2, subdivisions (a), (b), and (c)
(a) Prior to adopting a resolution of necessity pursuant to Section 1245.230 of the Code
of Civil Procedure and initiating negotiations for the acquisition of real property, the
public entity shall establish an amount which it believes to be just compensation
therefor, and shall make an offer to the owner or owners of record to acquire the
property for the full amount so established, unless the owner cannot be located with
reasonable diligence. The offer may be conditioned upon the legislative body's
ratification of the offer by execution-of a contract of acquisition or adoption of a
resolution of necessity or both. In no event shall the amount be less than the public
entity's approved appraisal of the fair market Value of the property. Any decrease or
increase in the fair market value of real property to be acquired prior to the date of
valuation caused by the public improvement for which the property is acquired, or by the
likelihood that the property would be acquired for the improvement, other than that due
to physical deterioration .within the reasonable control of the owner or occupant, shall be
disregarded in determining the compensation for the property.
(b) The public entity shall provide the owner of real property to be acquired with a
written statement of, and summary of the basis for, the amount it established as just
compensation. The written statement and summary shall contain detail sufficient to
indicate clearly the basis for the offer, including, but not limited to, all of the following
information:
(1) The date of valuation, highest and best use, and applicable zoning property.
(2) The principal transactions, reproduction or replacement cost analysis, or
capitalization analysis, supporting the determination of value.
(3) Where appropriate, the just compensation for the real property acquired and
for damages to remaining real property shall be separately stated and shall
include the calculations and narrative explanation supporting the compensation,
including any offsetting benefits.
(c) Where the property involved is owner occupied residential property and contains no
more than four residential units, the homeowner shall, upon request, be allowed to
review a copy of the appraisal upon which the offer is based. The public entity'may, but
is not required to, satisfy the written statement, summary, and review reqUirements of
this section by providing the owner a copy of the appraisal on which the offer is based.
S:\ClP Projects - Active\7147 - Edinger Ave WideningWcquisitionV~AE Eminent Domain.DOC
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Exhibit A
RESOLUTION NO. 02-114
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, STATE OF CALIFORNIA, AUTHORIZING AND
DIRECTING THE CITY ATTORNEY AND/OR SPECIAL LEGAL
COUNSEL TO ACQUIRE BY CONDEMNATION CERTAIN REAL
PROPERTY INTERESTS IN THE CITY OF TUSTIN, STATE OF
CALIFORNIA, AND TO OBTAIN IMMEDIATE POSSESSION
THEREOF FOR THE EDINGER AVENUE WIDENING PROJECT
(ClP 7147) AND DECLARING THE PUBLIC CONVENIENCE
AND NECESSITY THEREOF.
The City Council of the' City of Tustin ("City"), by vote of two-thirds or more of its
members, FINDS, DETERMINES, DECLARES, AND RESOLVES that:
WHEREAS, City intends to construct the Edinger Avenue Improvements ("Project"), a
public use, and, in connection therewith, acquire, interests in certain real property. The
Project is for a public use that is a function of City; and
WHEREAS, City intends .to construct the Project to make effective the princiPal
purpose of street widening in compliance with the City's General Plan, including but not
limited to property to be used for the protection or preservation of the attractiveness, safety,
and usefulness of the Project as set forth in Code of Civil Procedure section 1240.120(a);
and
WHEREAS; the Project requires the acquisition of fee interests and temporary
construction easements in certain real property; and
WHEREAS, City is authorized to acquire the parcel(s) described in Appendix A
together with a map thereof, attached hereto and incorporated herein by this reference, and
exercise the power of eminent domain for the public use set forth herein in accordance with
the California Constitution and the California Eminent Domain Law, Code of Civil Procedure.
Section 1230.010 et seq. and pursuant to Streets and Highways Code Section 10102 (street
right of way); Government Code Section 54031 (parking); GOvernment Code Section 38730
(Water facilities); Streets and Highways Code Section 5100 et seq. (Street Improvement Act
acquisitions); and
WHEREAS, the real property interests sought to be acquired for the Project consists
of one parcel and is located within the territorial limits of City and is generally located on the
north side of Edinger Avenue between the SR-55 Freeway and Red Hill Avenue; and
WHEREAS, the plans for the Project are on file with the Director of Public Works of
City; and
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WHEREAS, the Project is planned and located in a manner which will be the most
compatible with the greatest public good and least private injury; and
WHEREAS, City has established the amounts it believes to be just compensation for
the hereinafter described real proPerty interests sought to be acquired; and
WHEREAS, pursuant to Government Code section 7267.2, City has offered to the
owners of the real property and interests therein the full amount established as just
compensation for the real property sought to be acquired; and
· . WHEREAS, . City has. provided the owners of the real property and interests therein a
written statement and summary of the basis for the amount established as just compensation
for the real property and interests sought to be acquired; and
WHEREAS, a reasonable length of time has expired since the date of the offers to the
owners of the real property.and interests therein sought to be' acquired, and the owners have
failed to favorably respond to the offers of the amounts established by City as just
compensation; and
WHEREAS., some or portions of the property and interests therein hereinafter
described are being acquired as a "remnant" pursuant to Code of Civil Procedure section
1240.410; and
WHEREAS, some or portions of the property and interests therein hereinafter
described are being acquired for a compatible joint use pursuant to Code of Civil Procedure
section 1240.510; and
WHEREAS, the Project. is part of the City's Capital Improvement Program, and on
August 5, 2002, the City Council of CitY, adopted Resolution No. 02-77 exempting the
acquisitions required by the Project from the provisions of Government Code, section 65402;
and
WHEREAS, on May.8, 2001 pursuant to Public Resources Code section 21000, et
seq., the California Environmental Quality Act ("CEQA"), the City filed a Notice of
Determination under CEQA with the County Clerk of'the County of Orange, California; and
WHEREAS, pursuant to the provisions of Code of CiVil Procedure, section 1245.235,.
on November 26, 2002 there was mailed a Notice of Hearing on the intent of City Council to
Adopt a Resolution of Necessity for acquisition by eminent domain of the real property
described in Appendix A, which Notice of Hearing, Appendix B, is attached hereto and
incorporated herein by this reference. The Notice of Hearing was mailed to all persons
whose names appear on the last equalized County Assessment Roll as having an interest in
the property described in Appendix A, and to the address appearing on the Roll. The Notice
of Hearing advised those persons of their right to be heard on the matters referred to therein
and as specified in Code of Civil Procedure section 1240.030 on the date and at the time and
place stated therein.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, STATE OF
CALIFORNIA, finds, determines and orders as follows:
SECTION 1. The above recitations are true.
SECTION 2. The December 16, 2002 staff report has been read and considered
along with all evidence presented at the hearing.
SECTION 3. The hearing set out in the Notice of Hearing was held on December 16,
2002 at the time and place stated therein, and all interested parties were given an
opportunity to be heard. The hearing was closed.
SECTION 4. Based upon the evidence presented, including the .staff report and all
written and oral evidence presented at the hearing, this City Council .by vote of two-thirds or
more of its members, further FINDS, DETERMINES, DECLARES, AND RESOLVES each of
the following:
a. The public interest and necessity require the proposed Project.
C,
The proposed Project is planned or located in the manner that will be the most
compatible with the greatest public good and the least private injury.
The property described in Appendix A is necessary for the proposed Project.
do
The offer required by Government Code section 7267.2(a), together with the
accompanying statement of and summary of the basis for the amount
established as just compensation, was made to the oWner or owners of record,
which offer and accompanying statement/summary were in a form and
contained all of the factual disclosures provided by Government Code section
7267.2(a).
SECTION 5. All conditions and statutory requirements necessary to exercise the
power of eminent domain ("the right to take") to acquire the property described herein have
been complied with by City.
SECTION 6. The City Attorney or Special Legal Counsel, Hahn & Hahn, is hereby
AUTHORIZED and EMPOWERED:
a,
To acquire in the name of City, by condemnation, the property described in
,Appendix A, in accordance with the provisions of the California Eminent
Domain Law and the California Constitution;
bo
To acquire the property in fee simple absolute unless a lesser estate is
described in Appendix A;
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C.
To prepare or have prepared andto prosecute or to retain counsel to prosecute
in the name of City such proceedings in the proper court as are necessary for
such acquisition;
do
To deposit the probable amount of compensation, based on an appraisal, and
to apply to the court for an order permitting City to take immediate possession
and use of the property for the public uses and purposes.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
on the 16th day of December, 2002
Jeffery M.' Thomas
Mayor
ATTEST:
PAMELA STOKER
CITY CLERK
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
RESOLUTION NO.
Pamela Stoker, 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 of
the City of Tustin is five; that the above and foregoing Resolution was passed and adopted at
a regular meeting of the City Council held on the day of , 200_, by the
following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
City Clerk
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Ao
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Exhibit "A"
Exhibit "A"
APPENDIX A
CONTENTS
Legal Description AAE-2
Legal Description Parcel AAE-2
Temporary Construction Easement
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EXHIBIT 'A'
LEGAL DESCRIPTION
AAE-2
PARCEL 1:
THAT PORTION OF LOT 65, BLOCK 10 OF IRVINE'S'SUBDIVISION IN THE
CITY OF TUSTIN,-.COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAP
FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS, RECORDS OF SAID
COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF
SAID LOT 65, SAID LINE ALSO BEING THE CENTERLINE OF NEWPORT
AVENUE (18.288 METERS WIDE), WITH THE CENTERLINE OF EDINGER
AVENUE (24.384 METERS WIDE) AS SHOWN ON THE MAP FILED IN BOOK 28,
PAGE 12 OF PARCEL MAPS, RECORDS OF SAID COUNTY.; THENCE ALONG
SAID CENTERLINE OF EDINGER AVENUE SOUTH 49020'30'' EAST
173.121 METERS; THENCE LEAVING SAID CENTERLINE
NORTH 40°39'30'' EAST 12.192 METERS TO THE BEGINNING OF A
NON-TANGENT CURVE CONCAVE. SOUTHEASTERLY, HAVING A RADIUS OF
116.693 METERS, A RADIAL LINE TO SAID BEGINNING OF CURVE BEARS
NORTH 37°59'21'' WEST, SAID CURVE ALSO BEING THE SOUTHERLY LINE OF
THAT CERTAIN PARCEL'DESCRIBED IN BOOK 7078, PAGE 484 OF OFFICIAL
RECORDS OF SAID COUNTY; THENCE NORTHEASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 1031'51" A DISTANCE OF
3.118 METERS TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
4°10'44" A'DISTANCE OF 8.512 METERS; THENCE NON-TANGENT TO SAID
CURVE NORTH 49020'30" WEST 9.532 METERS TO' THE BEGINNING OF A
NON-TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF
125.837 METERS, A tLAD~ LINE TO SAID BEGINNING OF CURVE BEARS
NORTH 33°33'11" WEST, SAID CURVE ALSO BEING THE NORTHERLY LINE
OF SAID PARCEL DESCRIBED IN BOOK 7078, PAGE 484 OF OFFICIAL
f.'kqurveysk2dokO 103 h-~eports~legaBeat2_rev.doc
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REco~s OF SAID COUNTY; THENCE SOUTHWESTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 3°51'21" A DISTANCE OF
8.469 METERS; THENCE NON-TANGENT: TO SAID CURVE
'SOUTH 49°20'30" EAST 9.362 METERS TO THE TRUE POINT OF BEGINNING.
CONTAINI2qG 77.6 SQUARE METERS OR 0.0078 HECTARES, MORE OR LESS.
SEE EXHIBIT 'B' ATTACHED HE, TO AND MADE A PART HEREOF.
THIS LEGAL DESCRIPTION IS NOT INTENDED FOR USE IN THE DIVISION
.~flNID/OR CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP
ACT OF THE STATE OF CALIFORNIA.
PKEPAKED UNDER THE DIRECTION OF
WALTER A. SHEEK, PLS 4838
LICENSE EXPIRES 9/30/04
fSsurveys~dok0103 Xreports~legalXeat2_rev.doc
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EXHIBIT
I! B II
~. T. & S. F.
AC££P?ED AS ItE'L r L liVE
__/! $~IBDI YI$1Ol¢.
R ·
R
TUST IN C05~4LH4 f TY
REDEVELOPMENT AGEN~f
.BLDCK l 0
JRV, JNE' $ SUBDJ VlSi ON .","
~,P~. J/BB
·
NORTHWESTERLY LINE
fLOT 65. BLOCK tO
IAI I/BB
Z PARCEL t
CD POB TPO~
H40° 3g' 30#E
12.1B~
D- Ii/~ ,?3 i2,m
L~ / S49'20'30"E
f.~NJA¢CEPr~A$ /NTE~$EETI~
~ ~ ~DIN~,R & PROD ~
RIGHT
IRYI~'3 ~IYI~I~, ~
304.99~
? ~ 2 2 3
NEm°'ORZ' ,4 VEo
DF D £ E.B 8
$46' 20'
Z9. 427m
HERBERT KAUFMAN
LINE / CURVE TABLE
BEARING I DISTANCE
~) N4g' 20' '~O#W g, 532ffl
(]~) S4g* 20' 30'E B. 362m
PAD I US DELTA LENGTH
116. Gg3m 2' 3B' 20" 5.37,6~
I lB. Bg3m I' 32' 24# 3. 157m
(~) 125. 837m 3"51'2l'"B. 469m
(~ AN IRREVOCABLE OF'FER TO CONVEY
EASEMENT TO THE CITY OF TUSTIN
PER IN~T, RECORDED APRIL ~0o 1973
IN BO0~ fOGBBo PAGE 910. O.R.
{I'TEMe6. PTR*9'~094113,)
~4~"~
AVENUE_
OF WAY
72.161m
DESCRIPTION: PORTION OF LOT 65; BLOCK I0, IRVINE'S
SUBDIVISION. M.M. 1/88
PREPARED FOR:CITY OF TUSTIN
PSOIVl~S
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NUMBER 2DOKOIO3
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EXHIBIT 'A'
LEGAL.DESCRIPTION
PARCEL AAE-2
TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF LOT 65, BLOCK 10 OF IRVINE'S SUBDIVISION IN THE
CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAP
FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS, RECORDS OF SAID
COUNTY, BEING A 5.000 METER WIDE STRIP OF LAND, THE
SOUTHWESTERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS:
..
BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF SAID
LOT 65, SAID LINE ALSO BEING THE CENTERLINE OF NEWPORT AVENUE
(18.288 iVIETERS WIDE), WITH THE CENTERLIN OF EDINGER AVENUE
(24.384 METERS WIDE) AS SHOWN ON THE MAP FILED IN BOOK 28, PAGE 12
OF PARCEL MAPS, RECORDS OF sAID COUNTY; THENCE ALONG SAID
CENTERLINE OF EDINGER AVENUE SOUTH 49o20'30" EAST 173.121 METERS;
THENCE LEAVING SAID CENTERLINE NORTH 40o39'30" EAST 12.192 METERS
TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY,
I-IAVI~G A RADIUS OF 116.693 METERS, A RADIAL LIN~ TO SAID BEGINNING
OF'CURVE BEARS'NORTH 37°59'21" WEST, SAID CURVE ALSO BEING THE
SOUTHERLY LINE OF THAT CERTAIN PARCEL DESCRIBED IN BOOK 7078,
PAGE 484 OF OFFICIAL.RECORDS OF SAID COUNTY; THENCE NORTHEASTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5042'35" A DISTANCE OF
11.630 METERS TO THE TRUE POINT OF BEGINNING; THENCE NORTH 49;20'30''
WEST 9.532 METERS.
THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED SO
AS TO TERMINATE SOUTHEASTERLY IN THE SOUTHEASTERLY LINE AND
NORTHWESTERLY IN THE NORTHWESTERLY LINE OF SAID PARCEL
DESCRIBED IN BOOK 7078, PAGE 484 OF OFFICIAL RECORDS OF SAID
COUNTY.
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SEE EXHIBIT 'B' ATTACHED HERETO AND MADE A PART HEREOF.
THIS LEGAL DESCRIPTION IS NOT' INTENDED FOR USE IN THE DIVISION
AND/OR CONVEYANCE OF LAND. IN VIOLATION OF THE SUBDIVISION MAP
ACT OF THE STATE OF CALIFORNIA.
PREPARED UNDER THE DIRECTION OF
WALTER A. SHEEK, PLS 4838
LICENSE EXPIRES 09/30/04
S:~2dok0103~reports\legaBcat2_tce.doc
July 22, 2002
LMH:lrnh
'Sheet 2 of 2
· EXHIBIT "B"
A. T. & S. F.
R. R.
RIGHT
LI~ LOT64,
--
OF
W A
TUSTIN COMMUNITY
REDEVELOI~ENT A;EHCY
LOT
BLOCK lO
IRVINE' $ SU~DJ VJSJ C)N :*;'*
NORTHWESTERLY LINE
LOT GS, BLOCK 10
MM I/BB
T£M~ORARY
EASEMENT
N$3'33' I"W RAD.~
AAE-2
L,3.11~
II I N3T'24'32'W
0 POB .4o'~r3o-E
I1. ~__~,?~ ,2,- i
~: · _ ~ _
gJJ / S49'20'30"E
-r OF' £~IN~R · PITO0 OF'
NEI/P~T~VE,
P~223
kN IRREVOCABLE O~FER TO CONVEY
EASEMENT TO THE CITY OF TUSTIN
IN ~K 1~5~, PAGE 910, O.R.
( ITEMeB, PTReg30941 I~)
EDINGER
107.133m
....
280. 254m
· OF DEEDS
549' 20' 30"[
29. 427m
,%
72. I61m
I.~-' RBERT KAUFMAN
LINE I CURVE TABLE
BEARING i DISTANCE
~) S4B'20'30"E ~.362m
RADIUS DELIA LENGTH
11&.Bg3m2'38'20"
116. S9~m 1'32'24"3.13Tm
(~ 125. B3?m ~'51'21"8.469m
, (~)116.693m5°42'35#ll.630m
AVENUE
iDESCRIPTION: PORTION OF LOT 65, BLOCK lO, IRVINE'S
SUBDIVISION, M.M. 1/88
PREPARED FOR:CITY OF TUSTIN
PSOlVlRS
P$omo5 & ASSOCIOt'e$-COSI'O Meso
3187 Recl Hill. Avenue, "250
714/751-737~ Engineers
S~veyor&
SHEET I OF
SCALE NONE
DRAFTED LCM
CHECKED WAS
DATE 07/22/02
dOB
NUMBER 2DOKOI03
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PROOF OF SERVICE BY MAIL
STATE OF CALIFORNIA, COUNTY OF ORANGE
I am over the age of 18; I am employed by the CITY OF TUSTIN in the County of
Orange at 300 Centennial Way, Tustin, California, 92780-3767.
On November 26, 2002, I served the foregoing document(s) described as Notice of
Hearing Regarding Adoption of a ResolUtion of Necessity to Acquire Property by Eminent
Domain by placing true copies thereof enclosed in sealed envelope(s), as follows:
E3
(BY MAIL) I placed said envelope(s) for collection and mailing, following
ordinary business practices, at the business offices of the CITY OF TUSTIN,
and addressed as shown on the attached service list, for deposit in the United
States Postal Service. I am readily familiar with the practice of the CITY OF
TUSTIN for collection and processing correspondence for mailing with the
United States Postal Service, and said envelope(s) will be deposited with the
United States Postal Service on said date .in the ordinary course of business.
(BY FACSIMILE) I caused the above-referenced document to be transmitted
to the interested partieS via facsimile transmission to the fax number(s) as
stated on the attached service list.
E]
(BY OVERNIGHT DELIVERY) I placed said dOcuments in envelope(s) for
collection following ordinary business practices, at the business offices of the
CITY OF TUSTIN, and addressed as shown on the attached service list, for
collection and delivery to a courier authorized by to receive
said documents, with delivery fees provided fOr. I am readily familiar with the
practices of the CITY OF TUSTIN for collection and processing of documents
for overnight delivery, and said envelope(s) will be deposited for receipt by
on said date in the ordinary course of business.
(PERSONAL SERVICE) I delivered such envelope(s) by hand to the offices of
the addressee(s).
(STATE) I declare that I am employed in the office of the CITY OF TUSTIN at
whose direction the service was made. I declare under penalty of perjury under
the laws of the State of California that the above is true and correct.
(FEDERAL) I declare that I am employed in the office of the CITY OF TUSTIN
at whose direction the service was made. I declare under penalty of perjury
under the laws of the United States of America that the above is true and
correct.
Executed on November 26, 2002 at Tustin, California.
Katherine Barr
Office Suppo~ Specialist
S:\CIP Projects - Active\7147 -Edinger Ave Widening~AcquisitiOnV¥~,E Proof of Service By Mail. DOC