HomeMy WebLinkAboutCC RES 02-114
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
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
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.
-2-
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;
b.
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
ATTEST:
CITY CLERK
,~ft~e~ M~. Thomas
Mayor
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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:
Thomas, Worley, Bone, Davert, Kawashima
None
None
None
Pamela Stoker, City Clerk
Appendix A
CONTENTS
Legal Description AAE-2
Exhibit "A" Legal Description Parcel AAE-2
Exhibit "B" Temporary Construction Easement
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EXHIBIT 'A'
LEGAL DESCRIPTION
AAE.2
PARCEL 1:
THAT PORTION OF LOT 65, BLOCK 10 OF IKV1NE'S sUBDMsION IN THE
· CITY OF TUSTIN,..CO~ OF ORANGE, STATE OF, CALIFORNIA AS PER MAP
FILED IN BOOK 1, PAGE 88 oF MISCELLANEOUS MAPS, RECOP~S OF SAID
· COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF
SAID LOT 65, SAJD LINE ALSO BEING THE CENTERLINE OF NEWPORT
AVENUE (18.288 METERS WIDE), WITH THE CENTERLINE OF EDINGEK
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 49°20'30, EAST
173.121 METERS; THENCE LEAVING SAID CENTER.LINE
NORTH 40039'30" BAST 12.192 METERS TO THE BEGRqN'~G OF A'
NON- :XNS m COXV co C^w, so,un.^sram.y, a vmo ^ a)rus 0F
116.693 ME.TERS, 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
m com}s oF sxn:) couvry; NO n-m^srem.¥ XLONG SAm-
CURVE THROUGH A CENTRAL ANGLE OF '1°31'51" A DISTANCE OF
3.118 IVIETERS TO TIlE .TRUE POINT .OF BEGINNINC,; THENCE
CONTINUING .ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
4°10'44', A'DISTAJqCE OF 8.512 IVIE~; THENCE NON-TANGENT TO SAID
CURVE NORTH 49°20'30TM W"EST 9.532 METERS TO-THE BEGINNING OF A
NON-TANGENT.CURVE CONCAVE SOUTHEASTERLY, HA\qNG A RADIUS OF
125.837 M]BTE~, A RADIAL LI]WE TO SAID BEGINNING OF CURVE BEAKS
NORTH 33°33 '11" W"EST, SAID CURVE ALSO BEING TI-lB NORTHERLY LINE
OF SAID PARCEL DESCRIBED IN BOOK 7078, PAGE 484 OF OFFICIAL
f:ksurveys~2dok0103h-eports~legalXeat2 fey.doc Sheet 1 of 2
July 22, 2002
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PSOMAS
..
RECORDS OF SAID COUNTY; THENCE SOUTHWESTERLY ALONG SAID
CURVE THROUGH.A CENTRAL ANGLE OF 3°51 '21" A DISTANCE OF
8.469 M]ETERS; THENCE NON-TANGENT TO SAID CURVE
'SOUTH 49°20'30" EAST 9.362 IvfETERS TO THE TRUE POINT OF BEGINNING.
CONTAINING '77.6 SQUARE METERS OR 0.0078 HECTARES, MORE OR LESS.
SEE EXHIBIT 'B' ATTACI-IED 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 TH]5; SUBDMSION MAP
ACT OF THE STATE OF CALIFORNIA.
PREPARED UNDER THE DIRECTION OF
WALTER A. SHEEK, Pies 4838
LICENSE EXPOS 9/30/04
fhsurveysl2dok0103 Xreports\legal~eat2_rev.doc
July 22, 2002
LMI-I:lmh
Sheet 2 of 2
EXHIBIT
I'i B .Il
Al
L A ~
R .
Re '
245
NORT#I~STERL¥ LtN~
/LO'I 6fa, BLOCK tO
RIGHT
/$W'Lr L/~V£ Zor ~4. 8zK
:DF' DEEDS
S4g' 2'0' 30'E
29. 427m
HERBERT KAU~U~N
LINE / CURVE TABLE
BEARINO i DISTANCE
(~) sdg' 20' 30'E i. 3~
R~ I US DELTA LENGTH
_
\
PARCEL I
PER INST. RECORDED APRIL 20. Ig73
IN BOOr 'lOG.~, PAGE 910. O. IC
(ITEMeB, PTRe93094113~
EDINGER
AVENUE.
Ld
OF
72, 16lin
A Y
DESCRIPTION: PORTION OF LOT 65, BLOCK I0, IRVINE'S
SUBDIVISION. M.M. 1/88
PREPARED FOR;CITY OF TUSTIN
PSOIV~S
SHEET I OF I
SCALE NONE
DRAFTED LCM
CHECKED WAS
DATE 07/22/02
JOB
NUMBER 2DOKOI03
PSOMAS
EXHIBIT 'A'
LEGALDEscRIPT~ON
PARCEL AAE-2
TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF LOT 65, BLOCK 10 OF IRVINE'S SUBDIVISION IN THE
CITY OF TUSTIN, COLrNTY OF ORANGE, STATE OF CALIFORNIA AS PEK 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 NOKTHWESTERLY LINE OF SAID
LOT 65, SAID LINE ALSO BEING THE CENTEP,.LINE 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 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 1'16.693 METERS, A RADIAL LINE TO SAID BEGINNING
OFCURVE BEARS NORTH 37~59'21'' WEST, SAID CURVE ALSO BEING THE
8OUTHERLY LINE OF THAT CERTAIN PARCEL DESCRIBED IN. BOOK 7078,
PAGE 484 OF OFFICIAL REcoRDs OF SA.ID COUNTY; THENCE NORTHEASTERLY
ALONG SAID CURVE THROUGH A CENTRAl, ANGLE OF 5°42'35" A DISTANCE OF
11.630 METERS. TO THE .TRUE POINT OF BEGINNING; TI-IENCE 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.
S :~2dok0103h'eportsqegalk:at2._tce.d oc
July 22, 2002
LMH:lrnh
Sheet 1 of 2
PSOMAS
SEE EXIBIT '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. SI-IEEK, PLS 4838
LICENSE EXP/RES 09/30/04
S52dokO103 ~'ports\leg'al~7.at2_tce.doc
July 22, 2002
· Sheet 2 of 2
'EXHIB.IT' "B"'
R ·
245
A. T. & 5. F.
R ·
NORTtMESTERLY L
FLO~ ~, BLOCK ID
.N3T' ~4' 3Z"W
.RIGHT
C,/L A F~$F RR R,,'*F dCEFPT~D
P B 2 2 3
'DF D F. ESS
.~4g' ~O' 30"E
(' ~ NO. 43o-zm~o~e
OF
.WAY
T2. I&lm .
LINE / L%JRYE TABLE
,
N4g" 20' 30"W g. S32m
s4g' ~0' 30"E ~. ~
~O I~ ~L~A LEN;~H
I I~. 69~1' 32'~4" 3. 133m
IZ~. a33m3'51 '~1" a. 4~
AVENUE
DESCRIPTION: PORTION 'DF LOT 65, BLOCK 10, IRVINE'S
SUBDIVISION, M.M. I/8B
PREPARED FOR:CITY OF TUSTIN
PSDrnO5 & ASI~OC:;In'te$-[,O$1'O Me~.O
3187 Reel. Hill avenue, "250
Cos'tO Uesu, CollfornlO 92626
7M/751-7373 Engineers
Surveyor's
i Plonners
SHEET OF
SCALE NONE'
DRAFTED LCM
CHECKED WAS
DATE 07/22/02
JOB
NUMBER 2DOK'O 03