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HomeMy WebLinkAboutPH 1 YORBA WIDE'NG 09-21-92AV,-Fa�DA`i -a\ 9� PUBLIC HEARING N0. 1 9-21-92 .SATE: September 21 1992 Inter -COM usrrvt TO: WILLIAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT SUBJECT: PROPOSED ACQUISITION OF RIGHT-OF-WAY FOR YORBA STREET WIDENING/125 AND 133 YORBA STREET RECOMMENDATION It is recommended that the City Council adopt a Resolution initiating eminent domain proceedings to acquire 1216 square feet of right-of-way at 125 and 133 Yorba Street. BACKGROUND The Public Works Department is in the process of completing its plans for road widening on Yorba Street between 1st Street and Irvine Boulevard. As part of this project, it is necessary to acquire right-of- way abutting two parcels located at 125 and 133 Yorba Street owned by a Mr. and Mrs. Carl Wood. The City has obtained an appraisal (Schmitz-Riach Associates) establishing the fair market value at $37,000 for the subject right-of-way. The right-of-way consists of a total of 1,216 square feet. A site plan identifying the Wood parcels as Sites 3 and 4 is attached. Pursuant to state law, an offer of $37,000 was made to Mr. Wood. In addition, the Public Works staff has offered an additional $1,250 to compensate the owner for other certain improvements. Mr. Wood has refused the total offer of $38,250. Since the City has not been able to reach an agreement for an appropriate purchase price with Mr. Wood, it is necessary that the City initiate eminent domain proceedings in order to take legal control of this needed right-of-way. Mr. Wood has been given notice of the hearing for September 21, 1992. (See enclosure) The City Attorney's office has assisted the Department in discussions with Mr. Wood and prepared the attached Resolution. Under state law, the purpose of this hearing is only to consider three issues. These include: Mr. William A. Huston City Manager September 21, 1992 Page 2 1. Whether the public interest and necessity require the road widening of Yorba Street; 2. Whether the road widening project is planned or located in a manner that will be most compatible with the greatest public good and least private injury; 3. Whether the property sought to be acquired is necessary for the road widening project. State law provides that the hearing is not to involve the issue of argument over the fair market value of the property in question; that is, the hearing is limited to whether the above 3 stated findings can be made. It is recommended that the City Council adopt the attached resolution of necessity which is the first step to initiate eminent domain proceedings. State law requires a minimum f our -f ifths ( 4 / 5 ) vote for passage. ROBERT S. EDENDECKER DIRECTOR OF PUBLIC WORKS/ CITY ENGINEER (Ha4z) -Z�f' GERA D OTTESON ASSOCIATE CIVIL ENGINEER 4 5 6 7 a 9 10 11 12 13 14 15 18 17 18 19 20 21 22 23 24 25 26 27 28 Va au • ♦\VNl AL '-4 V1\♦JV u. 11 V V Va. V• ♦ • v • V v a a a� v a s a a a• ..� a. V v• i v a � RESOLUTION No. 92-112 A RESOLUTION OF THE CITY COUNCIL Op TELE CITY OF TUSTIN$ CALIFORNIA, AUTHORISING THE ACQUISITION OF PROPERTY AND TEX EXPEMXNG OF FUNDS, THEREFORE, IN THE INgTITUTIOW OF EMINENT DOXAIN PROCEEDINGS (A � PORTION or ASSESSORS PARCEL NOS. AP401-521-12 AND AP -401- 521-11 WOOD pR4PERTy) The City Council of the City of Tustin hereby resolve follows: as WHEREAS, the acquisition of a portion of AsaAaaors Parcel woo. 401-521-12 and 401-521-11 are needed for utilized for the widening of Yorba Street within namely to be Tustin; and the City of 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 Property owner pursuant to Code 1245.235. of Civil Procedure Section THEREFORE BE IT RESOLVED, by the City Council of the City of Tustin, as follows: 1. PubUg use. The Public use to which a portion of Parcels 401-521-12 and 401-521-11 is for the widening of an existing roadway Yorba Street within the City of Tustin. , to wit 2. escri tion of Pro ert nd Extent o-Prpnerty t-0 be Take The property to be taken is described as a portion of Assessors Parcel Nos. 401-521-12 and 401-521-11 between 1st Street and Irvine Boulevard and Yorba Street, City of Tustin, more particularly described in Exhibits A and B attached and incorporated herein by reference. 3. StatUtory Fi d'n s. The City Council makes the following additional findings: (a) The public interest and necessity require the widening of Yorba Street to accommodate additional traffic within the Cit of Tustin; y (H443) UJ I JL UL.1J101 1AU111 1\UUiLILU U IIVVUI6Vll e 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 92--112 Page 2 1 V I V V 1 111 V 1 1 1 111\1J lJ 1 U V V/ V 1 1 (b) The proposed project is planned and located in a manner that will be most cobpatlble with the public good and they le private injury; est (G) The property described above is necessary for the proposed road widening of Lanovia Avenue; (d) A offer of purchase of the property has been made to t owner -of the property pursuant, to Government Code section 7267.2 4.uthorizat' The City Manager and City Attorney are authorized and directed to perform all acts necessary on behalf of the city for the acquisition of said property, and said City Attorney and Cit Manager are further authorized to to conclusion on behalf of the Cityprepare' institute and prosecutes such proceedings as may be requied for an the acquisitionon in eminent domain, or property described herein, or interest in such ropert o white cannot be acquired by negotiation of yr h other things in connection with such proceedings as in our any and all udgment may be necessary or convenient to the successful conclusion of said Proceedings. 5. x e ure rids The City Manager is hereby authorized to expend funds available to the City for the acquisition of real pro er described herein. l� ties 6. Recordina� The City Clerk is hereby authorized and directed to record a certified copy of thin R®solutio» in the office the County Recorder, County of Orange. PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this day of 199. ATTEST: MARY E. WYNN, City Clerk LESLIE ANNE PONTIOUS, Mayor Exhibit "An APX 401-52111 The westerly 20.00 feet of the northerly 48.00 feet of Lot 1 in Block "A" of Mountain View Garden, Tract leo. 396, as shown on a map recorded in Eook 16, Page 10 of Miscellaneous Maps, records of said Orange County. E,xce tin that ' p g portion thereof described in a deed recorded in Book 465, Page 312 of Deeds, Rcc cards of said Orange County. Also excepting that portion thereof described in an instrument recorded in Book 905, page 121 of Official Records, Records of said Orange County. The above described easement is shown on Exhibit "A" attached hereto and made a part hereof. A*PN 4p1-521-11 EXHIP31T °A Pm -M. Nof �6 1 � 1 r � I 125.55 10 • l- pFZoR�S�p - �� PORTION LOT'91 1 4,,N 0 2Z I DL06K A.1 1f , No, I M �51C M, I - la 10 .55� 1 f • 1 � 1 f 1 � 1 i 1 7 - w - d ' f / 1 EXHIBIT "B" APN 401-521-12 -L11OSE PORTIONS OF LOTS 1 AND 2 IN BLOCK A, TRACT NO. 396, AS SHOWN ON A MAP RECORDED IN BOOK 169 PAGE 10 OF MISCELLANEOUS MAPS, FOLLOWS: RECORDS OF SAID ORANGE COUNTY DESCRIBED AS BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE ALONG WESTERLY LINE OF SAID IAT 1 NORTH 000 10' 30" WEST A DISTANCE OF 150.00 FEET TO THE INTERSECTION OF SAID WF..STERDy ' LINE WITH SOUTMLY LINE OF THE NORTH 48.00 FEET; THENCE ALONG SAID SOUT ,y LINE, NORTH 890 46' 30 EAST A DISTANCE OF 20.00 FEET TO A POINT IN THE EASTERLY LINE OF THE WESTERLY 20.00 FEET OF SAS LOT 1; TMVCE ALONG SAID EASTERLY LINE, SOUTH 000 lot 30 EAST A DISTANCE OF 76.34 FEET TO THE BEGINNING OF A 67.00 FOOT TANGENT CURVE, CONCAVE TO THE EAST; THENCE SOUTHERLY, ALONG SAID CURVE, HOUGH A CENTRAL ANGLE OF 300 03' 00" AN ARC DISTANCE OF 35.14 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 30Q 13' 30" EAST A DISTANCE OF 11.08 FEET TO THE BEGINNING OF A 27.00 FOOT TANGENT CURVE, CONCAV$ TO THE NORTHEAST; THENCE SOUTHEASTERLY, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 600 00' 00" AN ARC DISTANCE OF 28.27 FEET; THENCE ALOW THE NORTHERLY LINE OF THE SOUTHERLY 17.00 FEET OF SAID.LOTS 1 AND 2 AND TANGENT TO LAST SAID CURVE NORTH 890 46' 30" EAST A DISTANCE OF 67.60 FET TO A POINT. IN THE PASTnLY LINE of SAID LOT 2; THENCE ALONG LAST SAID EASTERLY LINE, SOUTH OOa 10' 30" EAST A DISTANCE OF 17.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2; THENCE ALONG THE SOUTH LINE OF SAID LOTS'I AND 2 SOUTH 890 461 30" WEST A DISTANCE OF 125.55 FEET TO THE POINT OF BEGINNING. � 6 EXCEPTING THAT PORTION TERROR' DESCRIBED IN A DEED RECORDED IN BOOK 465, PAGE 312 OF DEEDS, RECORDS OF SAID ORANGE COUNTY. • ,A -UO EXCEPTING THAT PORTION 'F'RMOF DESCRIBRD 1N A DEED RECORDED IN BOOK 689, PAGE 294 OF EDS, RECORDS OF SAID ORANGE COUNTY. ALSO EXCEPTING 7TUT PORTION 'IiiMOF DESCIUUED IN AN INSTRUMENT RECORDED AUGUST , 6 1937 AS INSTRUMENT NO. 23230 IN OFFICIAL RECORDS OF SAID ORANGE COMM. ALSO EXCEPTING THAT PORTION THEREOF DESCRIBED IN AN INSTRUMENT RECORDED IN BOOR 106909 . PAGE 994 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. UJ lU JL UL-1Jllu L1lVlu l►V UI►I►L u 1+UUaJa►Ua• WN .-of-52[ (2 EXHI DIT "P�" 5/312, nteG�; r �I��� � t �. -•�= ir. lei .� — �T Na 3qG t t • ! HOo10 0o 40 ROMP F1W FOR. L !.. 3 .�' � l I ` 28.34•' — �p $ ill '41 t Q X003'00 L 0 kK t N N - t,! \ � M g 'NO.� 1 M. 16-(0 � M i w 1 � 61-46 M lot lI -• - - -- � M� �I f25i y STREET - - r v v v u v r a V . ♦•. a ♦• V a4 ♦• r r .... � .d. 11 V V V a• V ♦ ♦ a v . r v . . .. r . . . ... ....... � v . .. .. TEMPORARY CONSTRUCTION EASEMENT A Temporary Construction easement ovipr 133 and. 125 Forth Yorbaa Street, AsseSsor's paxcel' $Os: 401--521-11 and 401-521-12 for the reconstruction -of driveway and/ °r Parking area and regrade and. reseed of turf area adjacent to new'streetaprovements in conjunction with the project to widen the eastside of Yorba Street between First Street and Irvine Boulevard. s Mr. Carl Wood Mrs. Mozelle Wood 14431 Vera Street Tustin, California 92680 TELEPHONE (714) 558-7000 FACSIMILE (714) 835-7787 WRITER'S DIRECT DIAL NUMBER 564-2603 SEP 81992 TUSTIN PUBLIC WORKS DEPT. Re: Right -of -Way Acquisition/Eminent Domain Hearing - 125 and 133 Yorba Street, Tustin Dear Mr. & Mrs. Wood: This letter is to provide you notice that on September 21, 1992, at 7:00 p.m. Senior Citizen's Center, 200 South "C" Street, Tustin, California, the City Council of the City of Tustin will conduct a hearing on whether to initiate eminent domain proceedings with respect to the acquisition of that certain portion of real property which you own that has been previously identified in our letter of August 4, 1992, to you. (See attachment) You are given notice that the City Council of the City of Tustin intends to adopt a resolution of necessity initiating eminent domain proceedings for acquisition of the above described real property. Pursuant to Code of Civil Procedure Section 1245.235(b), you have the right and opportunity to appear and be heard on the following matters only: a. that the public interest and necessity require the extension of Yorba Street abutting your property; b. that the road widening project is planned or located in a manner that will be most compatible with the greatest public good and the least private injuries; C. that this property sought to be acquired is necessary for the road widening project on Yorba Street. Pursuant to Code of Civil Procedure Section 1240.030, the eminent domain hearing is not for the purpose of discussing the fair market value of the real property in question. LAW OFFICES OF p !\ounce & `87oodruii DAVID A D[ BERRY A PROFESSIONAL CORPORATION CRAIG G. FARRINGTON SUITE 7000 JOSEPH w. FORBATH LOIS E. JEFFREY 701 SOUTH PARKER STREET ROBERT W. LUCAS ORANGE. CALIFORNIA 92668 CHERYL LYNN RAYEHE MAZAREI BETTY C. MRGUDICH THOMAS F. NIXON JAMES G. ROURKE JOHN R. SHAW September 4, 1992 KENNARD R. SMART. JR. DANIE L SPENCE DANIEL K. SPRADLIN ALAN R. WATTS WAYNE W WINTHERS THOMAS L. WOODRUFF Mr. Carl Wood Mrs. Mozelle Wood 14431 Vera Street Tustin, California 92680 TELEPHONE (714) 558-7000 FACSIMILE (714) 835-7787 WRITER'S DIRECT DIAL NUMBER 564-2603 SEP 81992 TUSTIN PUBLIC WORKS DEPT. Re: Right -of -Way Acquisition/Eminent Domain Hearing - 125 and 133 Yorba Street, Tustin Dear Mr. & Mrs. Wood: This letter is to provide you notice that on September 21, 1992, at 7:00 p.m. Senior Citizen's Center, 200 South "C" Street, Tustin, California, the City Council of the City of Tustin will conduct a hearing on whether to initiate eminent domain proceedings with respect to the acquisition of that certain portion of real property which you own that has been previously identified in our letter of August 4, 1992, to you. (See attachment) You are given notice that the City Council of the City of Tustin intends to adopt a resolution of necessity initiating eminent domain proceedings for acquisition of the above described real property. Pursuant to Code of Civil Procedure Section 1245.235(b), you have the right and opportunity to appear and be heard on the following matters only: a. that the public interest and necessity require the extension of Yorba Street abutting your property; b. that the road widening project is planned or located in a manner that will be most compatible with the greatest public good and the least private injuries; C. that this property sought to be acquired is necessary for the road widening project on Yorba Street. Pursuant to Code of Civil Procedure Section 1240.030, the eminent domain hearing is not for the purpose of discussing the fair market value of the real property in question. Mr. Carl Wood Mrs. Mozelle Wood September 4, 1992 Page 2 The hearing is only for the purpose of hearing your testimony concerning those specific issues identified in a through c above. You may file a written request to appear or be heard any time prior to the date of the hearing on September 21, 1992. Failure to do so, may result in waiver of your right to appear and be heard. If you should have any questions regarding this procedure, please feel free to call this office. Very truly yours, &WOODRUFF JQHV- R. ' SHAW JRS:pm: D:09/04192: (H439) cc: Mr. William A. Huston Mr. Robert Ledendecker James G. Rourke, Esq.