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Home My WebLink AboutPH 1 EMINENT DOMAIN 11-16-92AGENDAH1, -.,ATE: NOVEMBER 16, 1992 PUBLIC HEARING N0. 1 11-16-92 Inter -Com TO: WILLIAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION INITIATION OF EMINENT DOMAIN PROCEEDINGS FOR A SUBJECT: RIGHT -OF-WAY FOR YORBA STREET W CQUISITION OF (JECHART ESTATE) WIDENING/177 YORBA STREET RECOMMENDATIONS: It is recommended that the City Council adopt Re initiating eminent domain p solution No. 92-136 right-of-way at the location of 1778 yorbacStree 750 square feet of a Street. BACKGROUND: The Public Works Department is in the process plans for road widening on Yorba Street, between of completing its Irvine Boulevard, n First Street and As part of this project, it is necessary to acquire way abutting 177 Yorba Street, a parcel owned b the Jechart Estate. The City has obtained an a .Y the Jechart market value at $18,000 for the subjectright-of-way. the fair of -way consists of a total of 750 square feet. The right - identifying the Jechart t• A site plan parcel is attached. Pursuant to state law, an offer of $18,000 was Estate vis-a-vis its attorney, Mr. Robert Concoade to the Jechart was refused by the estate, lino. This offer Since the City has not been able to reach appropriate purchase with the estate, it is nec ssary that for an initiate eminent domain proceedings in order Y that the City Of this needed right-of-way, to take legal control The Jechart Estate has been November 16, 1992, given notice of the hearing for The Cit The attached letter, dated August 4 y Attorneys office has assisted the De arty 1992.) discussions with the estate and has P me, in resolution. prepared the attached Environmental documentation has been prepared f negative declaration was issued on March 1 1988 this project. A the County Clerk on March 2, 1988. See attac and posted with ( hment) Under state law, the purpose of the eminent limited to a consideration of the below stated domain hearing is three findings: 1• Whether public interest and necessit widening of Yorba Street; Y require the w_ Eminent Domain November 16 Wage 2 1992 2• Whether the road in a Widening Project e � ect is greatest publiplanned ost or located good and 3' whether lease Private i ed h for the the Pr°party njury; with the State law -� W1Uening Project. be acquire the fair provides that the d is necessary hearing market value of the hearin by the Cit limited to right-gof wa °t to involve City Council. whether the above s in question • the issue of It is stated fend. that is recommended Ings can be mad e resolutio ended that e emihent n °f hecessit the City fifths 15 ain Proceedinwsl.ch is the fir Council adopt t Of necessi-5) by the dings. State law a legal step a attached Y Council for quires initiate Passage a minimum four- °f the resolution Robert _ Director' Ledendecker City 'Engineor er Works er / RSL: JO: ccg: rowYorba Gerald otteson Associate Civil Engineer APM 401- 521 - of �ir. No. IN 0 CALI-- ,.,AVID A OE BERRY IG G. FARRINGTON _PH W. FORBATH .S E. JEFFREY ROBERT W. LUCAS CHERYL LYNN RAYEHE MAZAREI BETTY C. MRGUOICH THOMAS F. NIXON JAMES G. ROURKE JOHN R. SHAW KENNARD R. SMART. JR. DANIE 1. SPENCE DANIEL K. SPRADLIN ALAN R. WATTS WAYNE W. WINTHERS THOMAS L. WOODRUFF VIA FEDERAL EXPRESS LAW OFFICES OF RouAe & Woodruff A PROFESSIONAL CORPORATION SUITE 7000 701 SOUTH PARKER STREET ORANGE. CALIFORNIA 92668 August 4, 1992 Marlin A. Proctor, Jr., Esq. Proctor & Proctor 3320 West Victory Boulevard Burbank, California 91505 TEL=PHO V E (7 =! 558 --COO FACSIMILE 17-il 83S-7787 WRITER'S OIREC7 DIAL NUMBER 564-2&2: Re: Jennie Jechart Properties - 177 Yorba Street, Tustin/Proposed City of Tustin Acquisition of Right -of - Dear of Way. AP# 401-521-01 Dear Mr. Proctor: We are City Attorney to the City of Tustin. As you may know, the City of Tustin desires to acquire a proposed right-of-way for street widening purposes on Yorba Street adjacent to your client's property. The City has received an appraisal by Schmitz-Riach Associates, establishing the fair market value of the right-oL-way at $18,000.00 (a copy of the summary of the appraisal is attached for your review). The engineering staff of the City of Tustin has advised this office that, in previous conversations, the Estate is agreeable to granting the right-of-way for the payment- of $18,000.00. Please find enclosed an original Grant Deed which would convey the subject right-of-way to the City. We will also need a construction right of entry from you (see enclosure). If this offer is acceptable, we would appreciate the Estate executing the Grant Deed accordingly. We would then take the Grant Deed to the City Council for formal acceptance on August 17, 1992. A short escrow process (costs to be paid by City) would be opened the day after and we would hope to have payment made to the Estate within a one week period thereafter. Please advise if these Marlin A. Proctor, Jr., Esq. -- August 4, 1992 Page Two conditions are acceptable to the Estate as soon as possible. Your cooperation is most appreciated. J RS: k j: D:08/04/92: (H248) cc: William Huston Robert Ledendecker Jerry Otteson Very truly yours, ROURKE & WOODRUFF K A� JOIV R. SHAW - .. Subject i- L&Y .. -. �i A � � W iso 14 W _ _- _ -. �' O 23 - s •� i7 W ....___. :;TOS S T O :« ' 3 22 A fs Poo Iof v - It 06, .,I.•J i� II .J v ass II Il ' SIX A 16 V a - .. Subject i- � iso �.-- _ _- _ -. �' •�, '� - s •� i7 W ....___. :;TOS S T O :« a - to A fs Poo Iof v - It .,I.•J ' f (D4 A' No 396.. ; MACT - - . _ :. - _ . _ • - - _- `f/RST A _ . _ � - Site No. 3Now , _ Site No 4 • - .. Subject i- t Oils— NEG i'IVE DECLARAI SON CITY OF TUSTIN 300 CENTENNIAL WAY, TUSTIN, CA. 92680 Project Title: YORBA STREET W I DEN I NG _ File No. F L E D - MAR - 2 im tm��awi Project location: Yorba Street between First STreet & Irvine Blvd. Project Description: Widening of r e m a i n i n gPortions odrbastreet Project Proponent: between First Street andlrvinegl�to u l t ia t e City of Tustin wTd h. Contact Person: Ron Wolford Telephone: 544_8890 Ext. 288 The Community Development Department has conducted an initial study for the above project in accordance with the City of Tustin's procedures regarding implementation of the California Environmental Quality Act, and. -on the basis of that study hereby find: . That there is no substantial evidence that the project may have a significant effect on the environment. aThat potential significant affects were identified, but revisions have been included in the project plans and agreed to by the applicant that would avoid or mitigate the affects to a point where clearly no significant effects would occur. Said revisions are attached to and hereby made a part of this Negative Declaration. Therefore, the preparation of an Environmental Impact Report 'is not required. The initial study which provides the basis for this determination is on file at the Community Development Department, City of Tustin. The public is invited to comment on the appropriateness of this Negative Declaration during the review period, which begins with the public notice of a Negative Declaration and extends for seven calendar days. Upon review by the Community. Development 17i rector, this review period may be extended if deemed necessary. REVIEW PERIOD ENDS 4:30 p.m. on DATED:�%9��(iy�Q 41 _1�-r %CO�mRl7tty Development Dlrectdr PASTED MAR 21988 GARY L. canii?14( Cie,* �Y TY CITY OF TUSTIN Community Oevei opment Oepartment ENVIRONMENTAL 'INITIAL STUDY FORM L 8 1. Name of Propanett G Z Address and Pt"e Number of Proponent S — Y 2 gg BO 6e -K' a-Anrdl fin/AU Tn s -)h GA- q;2k-eo 3. Date of Check list Submitted 4. Agacy Rewiring Checklist t S. Name of Propria!, if applicable Sj -ce4e — 'tii; :I:rvin& 43 wire. WAXY6 ," , il. d i St-t,,—hne�'i"or F Explanatiana of all "yes' and mnwrtiW answers are required on attached sheet&) Yes Mc"Pbe No 1. Earth. Will the pccposW rewlt im a. Lkat+able earth condiiicm or in changes in geologic m? b. Disruptions, displacements, cornpaction or o" -ng of the soil? C. Clurve in tic: r -h;' Cr ground wrfaca relief features? �_ d. The destrueion, cowing or nodi f icat ion of arty unique geologic or physical features? e. Any increase in wind or water - erosion of sons, either on or off the site? }� f. Changes in deposition or erosion of beach sands, or changes in siltaticn, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, in tet or lake? Seven P "C -Q l s 10 bc. C(G GC ri y ! d. Yes- NO 9. Evcwre of people or property to geoio- gie hazards . such cs eardxpjakes, landslides, mudslides, ground failure, or similar hazards? X 2. Air. Will the. prgx ai result in: _ a Substantial air emissions or deterioration of ambient air quality? b. The creatian of objectiaw3ble odors? c. Alteration of air IMItt moisture, or ierrer+aftme, or any c1nge in climate, either locally or regional W. 3. Water. wi11 the praopcticl result in: a. Changes in currents, or the roof di- . rectian of water movements, in either marine or fresi voters? b. Changes in absorption rates, drainage pct- terms, or the rate and amount of surfaca niroff? - - e. Alterations to th* cause or flow of flood - waters?• - - d. ChaVe in the amount of surfoza water in any water body? e. Discharge into surface waters, or in arrf alleratian of surface water quality, in- cluding but not limited to imi perctum dissolved oxygen or turbidity? f. Alteration of the direction or rate of flow of grand waters? 9. Change in the quantity of ground waters, either through direct odditiam or with- drawals, or through interception of an aquifer by cots ar e=cvaticm? h.. Substantial reduction in the amount of water otherwise avaiiabie fer public water Supplies? i. E.V<mre of pemie or property to water re- fated hazards sich as flooding or tidal waves? Yes Maybe No 4. P1oit life. Will the proposal result in: a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plantsr? b._ Reduction of the numbers of any un ique, care or endangered .species of plants? c. Introduction of new species of plants into an area, or in a barrier- to the norma! replenishment of existing species? - d. Reduction in acreage of any agricultural crop? S. Ardmai Ufe. Will the prcpcmi result im a. Change in the diversity of spades, or numbers of any species of aninvis (birds, fond animals including reptiles, fish and shellfish, benthic organism or inseclsn • b. Reduction of the numbers of any unique, rare or endangered species of animvis? -" c. lntrodtsrtian of new. species of animals into an area4 or result in a barrier to the migration or n vernertt of animals? = d. Oetericration to existing fish or wildlife habitat? 6. Noise. Will the proposal result ins a. lncrecses in existing noise levels? b. Exposure of people to severe noise levels? 7. Light and Glare. Will the proposal produce new light or glow? 8. L=W Use» Will the proposal result in c sub- stantial alteration of the primo it or planned land use of an area? 9. NQturaoi Resources. Will the proposal result in% a. Increase in the rate of use of any natural resources? b. Substantial depletion of any nonrenewable natural resource? 10. Risk of Upset. -Will the proposal involves a A risk of an axplosion or the release of haze; dos: substayacs OncitoWng, but not lWi ed to; oil, pesticides, c1mric ais or radiation) in the event of an accident or upset conditions?. b. Pv4sbie bites fer ev with an emesgency retsQcrne- pian or an en m go cy ev cuat' pian? 11. Papuiaatiar. Will the proposal alter the location distribution, density, or growth rate of the human population of an area? 12. Hosing. Will the proposal affect existing Nous_ ing, or create a demand for additional housing? 13. T iaVCuwlatiar. Will the proposal result in: a. Generation of substantial additional vehicular. movement? b. Effects . on existing parking facilities, or demand for new parking? c. Substantial impact upon existing transpor. tation systems? d. Alterations to present patterns of cirevia- ' tion or movement of people and/or goods? e. Alterations to waterborne, rail or air traffic? f. Increase in traffic h=crds to motor vehicles, bicyclists or pedestrians? 14, Public Services. Will the proposal have an effect upon, or result in a need for new or altered governmental services in cant' of the following areas: a. Fire protection? b. Police protection? C. schools? Yes MS±Le No X *X" n X Yes iVo d. Parks or other recreational facilities? e. hicintenance of public facilities, including roads? f. Other governmental services? 11 Energy.. Will the proposal result ins a Use of substantial amounts of fuel or energy? b. Substantial increase in demand upon exist- ing sources of eneM, or require the development of new sources of energy? 16. Utilities. Will the proposal result in a need for new systems, of substantfai alterations to the following uti litiesz a. 00"141 Or Or rIC t Ml gas? b. Communications syi?+emns? - G Water? d. Sewer or septic tanks? e:. Stars water drainage? f. So nd waste and disposal? 17. i-lexran Health. Will the proposal result in: a. Creation of any. health hazard or potential health hazard (excluding mental health)? b. Exposure of peopie to potential health hazards? 18. • Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the erection of an aesthetically offensive site open to public view? 19. Recreatiam Will the praposol result in an impact upon the quality. or quantity of existing recreational opportunities? _ 20. Cult'urni Resources, a Will the proposal result in the alteration of or the destruction of a prehistoric or historic at cl logical site? Yes Mvyibe No b. Will the prgxoW result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? e. Does the proposal have the potential to cMae a physical change which would affect _ unique ethnic cultural vvluea? d. WHi the p- ap as restrict existing religious or sacred uses within the potential Unpoct O"No. - 21. McmK aiory Firings of S4ificarece. a. Does the project hove the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wild. life population to drop below self sus-. gaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the to of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Ones the. project' have the potential to achieve snort -term, to the disadvantage of lang-temp, environmental goals? (A short-. term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) }� c. Does the project have impacts which are individually limited, but cumulatively con- siderable? (A project may irMoct on two or more separate resources where the impact on each resource is relatively smoi 1, but where the effect of the total of those impacts on the environment is significant.) d. bees the project have environmental effects which will cause a bstantial adverse effects on human beings, either directly or indirectly? 111. Discussion of ErMs= nenlai Evaluation No buy Jd ln5s will b� 4-q ��'C-d . Fo u.r i"r�.V. s wit( be� 1V. deter ni dttia 1 �+r .01 1•. �s h p in e, 15, 1145A 2 c (To be completed by the Lead Agency) � �� rcaJ /5Q, 30 k'2 IL Atym -q Cr f r On the basis of this initici eva#uatic u I find that the prapose+d project CtX: LD NOT have a significant effect an the awinxin ent, and a NEGATIVE DECLARATION will be prepared. I find tfat afthougi� the proposed Project could- hcw a significant effect an the enviroemnent, there will not be a significant effect in this case becalse the mitigatfan measures described an an attached sheet have been added to the project. A NEGATIVE OECLARATION W L.L. BE PREPARED. • I find the. p4%0 of d project MAY have a significant .effect an the awiran- ment, and an HVVIRONMe4TAL IMPACT REPORT is required. 8 9 10 11 12 13' 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 92-136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE ACQUISITION OF PROPERTY AND THE EXPENDING OF FUNDS, THEREFORE IN THE INSTITUTION OF EMINENT DOMAIN PROCEEDINGS (A PORTION OF ASSESSOR'S PARCEL NO. 401-521-01, JECHART PROPERTY) WHEREAS, the acquisition of a portion of Assessor's Parcel No. 401-521-01 (Lot 23, Block A, Tract 396) is needed for public use, namely to be utilized for the widening of Yorba Street within the City of 'Tustin; and WHEREAS, state law authorizes the use of eminent domain for acquisition of property for the above stated purposes; and -WHEREAS,, notice of an opportunity to be heard was given to the property owner pursuant to Code of Civil Procedures §1245.235; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The public use, to which a portion of Assessor's Parcel No. 401-521-01 is for the widening of an existing roadway, to wit: Yorba Street, within the City of Tustin. SECTION 2. The property to be taken is described as a portion of Assessor's Parcel No. 401-521-01, located between First Street and Irvine Boulevard,City of Tustin, more particularly described in Exhibit "A" attached and incorporated herein by reference. SECTION 3. The City Council makes the following additional findings: a) The public interest and necessity require the widening of Yorba Street,to accommodate the additional traffic within the City of Tustin; b) The proposed project is planned and located in a manner that will be most compatible with the public good and the least private injury; c) The property described above is necessary for the proposed widening of Yorba Street; d) An offer for purchase of the right-of-way has been made to the owner of the property pursuant to Government Code §7267.2. 10 11 12' 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolutio 2-136, page 2 SECTION 4. The Cit authorized and directed to Y Manager and ' behalf of the Cit Perform all acts lnec necessary o AttortApay are and said Cit y for the acquisition of the right ofnwa City Manager and City Attorney are further authorized to prepare, institute and horized the Cit prosecute to conclusion on behalf of City, an action in eminent domaiM may be required for the acquisition for the such proceedings as herein, or an interest in said Property described acquired by negotiation to do an property, which cannot be connection with such � Y and all other things in proceedings, as in their judgement may be necessary and convenient to the successful conclusion ion of said SECTION 5- t • The City Manager is hereby cxp®nd funds available to the City for the ac is t horized to properties described herein. q ion of real SECTION directed to r 6. The City. Clerk is hereb office of the Count certified copy of this Resolution i and y Recorder, County of Orange. n the SECTION 7. T been he California Environmental Quality Act has negative declaration for this Y °f Tustin has prepared a project. PASSED Council for 1992. ATTEST: AND ADOPTED, at.a regular meeting of the the City of Tustin on this 16th day of N City ovember, Mary E. Wynn, City Clerk Leslie Anne Pontious, Mayor EXHIBIT A APN 401-521-01 THE WESTERLY 20.00 FEET OF LOT 23 IN BLOCK "A" OF TRACT 396, MOUNTAIN VIEW GARDEN, AS SHOWN ON A MAP RECORDED IN BOOK 16 10 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY. ' PAGE EXCEPTING THAT •PORTION THEREOF DESCRIBED IN A DEED RECORDED IN 465 PAGE 312 OF DEED, RECORDSOF SAID COUNTY. BOOK �_ /R- i z " Z