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HomeMy WebLinkAbout16 CIP 7118 ACQUIS 04-07-03AGENDA REPORT Agenda Item Reviewed: City Manager Finance Director 16 MEETING DATE: APRIL 7, 2003 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENTIENGINEERING DIVISION APPROVAL OF THE RESOLUTIONS OF NECESSITY FOR THE ACQUISITION OF PARCELS APN 500-101-06, APN 500-101-07, APN 500-101-03, APN 500-101-01, APN 500-101-02, APN 500-101-04, AND APN 401-283-01 FOR THE IRVINE BOULEVARD/NEWPORT AVENUE INTERSECTION ENHANCEMENT PROJECT (CIP NO. 7118) SUMMARY The proposed resolutions will authorize Legal Counsel to acquire property by condemnation for the Irvine Boulevard/Newport Avenue Intersection Enhancement Project. In order to construct this project, partial acquisition of land from the following properties is required' Assessor Parcel Current Number (APN) Owner Location Land Use 500-101-06 500-101-07 500-101-03 500-101-01 500-101-02 500-101-04 401-283-01 David S. Jones Susan L. Jones Saul Stevens Saul Stevens Saul Stevens Saul Stevens Thomas M. Fitterer 1062 Old Irvine Blvd. 1082 Old Irvine Blvd. 13052 Newport Ave. 13022-13024 Newport Ave. 13032 Newport Ave. 1021-1025 Irvine Blvd. 18410 Irvine Blvd. Commercial Commercial Commercial Commercial Commercial Commercial Commercial Negotiations with the owners of these parcels have reached an impasse and in order to acquire the needed property in a timely manner the Resolutions of Necessity need to be adopted. RECOMMENDATION It is recommended that the City Council adopt each resolution 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 below, and to obtain immediate possession, thereof, for the Irvine Boulevard/Newport Avenue Intersection Enhancement Project and declaring the public convenience and necessity thereof. Approval of the Resolutions of Necessity for the Acquisition of Parcels APN 500-101-06, APN 500- 101-07, APN 500-101-03, APN 500-101-01, APN 500-101-02, APN 500-101-04, and APN 401-283- 01 for the Irvine Boulevard/Newport Avenue Intersection Enhancement Project April 7, 2003 Page 2 The resolutions recommended for adoption and the corresponding properties are as follows: Resolution No. Assessor Parcel Number (APN) 03-18 500-101-06 (David S. Jones) 03-19 500-101-07 (Susan L. Jones) 03-20 500-101-03 (Stevens) 03-21 500-101-01 (Stevens) 03-22 500-101-02 (Stevens) 03-23 500-101-04 (Stevens) 03-25 401-283-01 (Fitterer) FISCAL IMPACT The Irvine Boulevard/Newport Avenue Intersection Enhancement Project (CIP No. 7118)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" Competitive Funds, Measure "M" Turnback Funds, Tustin-Santa Ana Improvement Authority Funds and Proposition 111 Gas Tax Funds. Adoption of the Resolutions of Necessity will authorize the City to post a deposit of $531,604 for right-of-way acquisition of a portion of Assessor Parcel Nos. 500-101-06, 500-101-07, 500-101-03, 500-101-01,500-101-02, 500- 101-04, and 401-283-01 plus the cost of legal counsel for the eminent domain process. BACKGROUND The Irvine Boulevard/Newport Avenue Intersection Enhancement Project proposes to widen the intersection of Irvine Boulevard and Newport Avenue and both arterials beyond the intersections in the City of Tustin. The limits of the widening on Irvine Boulevard are from the west side of Holt Avenue to 100 feet east of Elizabeth Way, and on Newport Avenue from First Street to Wass Street. On Irvine Boulevard the improvements will include three through lanes in each direction with double left turn lanes in each direction at Newport AVenue. On Newport Avenue, the improvements will include three through lanes in each direction between Holt Avenue and the north side of Old Irvine Boulevard. Double left turn lanes will be provided for southbound Newport Avenue at Old Irvine Boulevard and for northbound Newport Avenue at Holt Avenue. Both roadways will also be resurfaced, drainage improvements will be constructed at the intersection of Irvine Boulevard and Old Irvine Boulevard, and raised median landscape and hardscape improvements will be constructed on both roadways. In order to construct the improvements, right-of-way is required from fourteen (14) properties in the form of acquisitions. Offer letters have been presented to owners of the property interests for all 14 properties. To date, five properties are in escrow and one property is being considered for approval of the Purchase Agreement by way of a separate agenda item. For Assessor Parcel Nos. 500-101-06, 500-101-07, 500- 101-03, 500-101-01, 500-101-02, 500-101-04, and 401-283-01, the City's real property negotiator has reached an impasse with the property owner or is not confident that appropriate settlement on these properties can be obtained in a timely manner. Approval of the Resolutions of Necessity for the Acquisition of Parcels APN 500-101-06, APN 500- 101-07, APN 500-101-03, APN 500-101-01, APN 500-101-02, APN 500-101-04, and APN 401-283- 01 for the Irvine Boulevard/Newport Avenue Intersection Enhancement Project April 7, 2003 Page 3 A. The public interest and necessity require the project. The public interest and necessity require the project for the following reasons: 1. The intersection widening project will improve traffic circulation and congestion by providing additional roadway capacity. , The intersection widening will improve the Level of Service (LOS) at the intersection. This will bring the intersection of Irvine Boulevard and Newport Avenue into conformance with the Orange County Growth Management Plan (GMP). This is an important objective since conformity to the GMP allows the City of Tustin to continue to receive Measure "M" Turnback and Competitive Funds. 3. The intersection widening brings Irvine Boulevard into conformity with the Orange County Master Plan of Arterial Highways. 4. The intersection widening will bring Irvine Boulevard and Newport Avenue into conformity with the City of Tustin's Circulation Element of the General Plan. o The project will connect the existing on-street bike lanes in the County of Orange with the existing off-road bike trail in the City and bring Newport Avenue into conformity with the City of Tustin's Master Bikeway Plan north of El Camino Real and the Orange County Commuter Bikeways Strategic 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. Bo 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 Irvine Boulevard/Newport Avenue Intersection Enhancement Project was approved by the Tustin City Council on November 1, 1999 and the Notice of Determination was recorded in the office of the Orange County Recorder on November 10, 1999. 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. Approval of the Resolutions of Necessity for the Acquisition of Parcels APN 500-101-06, APN 500- 101-07, APN 500-101-03, APN 500-101-01, APN 500-101-02, APN 500-101-04, and APN 401-283- 01 for the Irvine Boulevard/Newport Avenue Intersection Enhancement Project April 7, 2003 Page 4 Assessor's Parcel No. 500-101-06 is currently improved with an older one-story drive-thru building and supporting yard improvements. The building will not be impacted by the proposed taking for the intersection enhancement at Irvine Boulevard/Newport Avenue. Improvements being taken include a section of asphalt concrete paving. The project contractor will transition the remaining asphalt concrete paving with the proposed improvements. Assessor's Parcel 500-101-07 is currently improved with an older one-story wood frame and stucco retail building and supporting yard improvements. The building will not be impacted by the proposed taking for the intersection enhancement at Irvine Boulevard/Newport Avenue. Improvements being taken include a section of asphalt concrete paving and three concrete wheel stops. The taking will also affect the existing parking. After the taking, it will be necessary to replace parking spaces lost as outlined in the Final Mitigated Negative Declaration. The project contractor will restripe parking spaces as needed and transition the remaining asphalt concrete paving area with the proposed improvements. Assessor Parcel No. 500-101-03 is currently unimproved and was formerly the site of a gasoline service station. There is no fee taking, only a Temporary Construction Easement (TCE) is required from the property. The project contractor will transition the proposed improvements with any existing on-site improvements. Assessors Parcel No. 500-101-01 is currently improved with a single story older retail building of masonry construction and supporting yard improvements. The building will not be impacted by the proposed taking for the intersection enhancement at Irvine Boulevard/Newport Avenue. Improvements being taken include a section of asphalt paving. The taking will also affect the existing parking. After the taking it will be necessary to replace parking spaces lost as outlined in the Final Mitigated Negative Declaration. The project contractor will restripe parking as needed and transition the remaining asphalt concrete paving area with the proposed improvements. Assessor Parcel No. 500-101-02 is currently improved with a single story older wood frame and stucco retail building and supporting yard improvements. The building will not be impacted by the proposed taking for the intersection enhancement at Irvine Boulevard/Newport Avenue. Improvements being taken include a section of asphalt concrete paving and two steel pole monument signs. The project contractor will transition the remaining asphalt concrete paving area with the proposed improvements and relocate the two steel pole monument signs. Assessor Parcel No. 500-101-04 is currently improved with an older single story wood frame and stucco commercial building and supporting yard improvements. The building will not be impacted by the proposed taking for the intersection enhancement at Irvine Boulevard/Newport Avenue. Improvements being taken include a section of asphalt paving, an approximately twenty foot high monument sign and three parking spaces. After the taking it will be necessary to replace parking spaces lost as outlined in the Final Mitigated Negative Declaration. The project contractor will restripe parking as needed, transition the remaining asphalt concrete paving area with the proposed improvements and relocate the monument sign. Approval of the Resolutions of Necessity for the Acquisition of Parcels APN 500-101-06, APN 500- 101-07, APN 500-101-03, APN 500-101-01, APN 500-101-02, APN 500-101-04, and APN 401-283- 01 for the Irvine Boulevard/Newport Avenue Intersection Enhancement Project April 7, 2003 Page 5 Assessor Parcel No. 401-283-01 is currently improved with a two story retail/office building and supporting yard improvements. The building will not be impacted by the proposed taking for the intersection enhancement at Irvine Boulevard/Newport Avenue. Improvements being taken include a section of asphalt concrete paving and eight parking spaces. The Final Mitigated Negative Declaration does not require the replacement of any of the eight parking spaces being taken. However, the project will replace two of the eight parking spaces and the compensation to the property owner reflects this. The project contractor will restripe parking as needed and transition the remaining asphalt concrete paving area with the proposed improvements. 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. For parcels 500-101-06 (David Jones), 500-101-07 (Susan Jones), 500-101-03 (Stevens), 500- 101-01 (Stevens), 500-101-02 (Stevens), 500-101-04 (Stevens), 401-283-01 (Fitterer) the construction of the Irvine Boulevard/Newport Avenue Intersection Enhancement Project necessitates acquisition of a portion of each property. All properties are depicted on Exhibit B attached to the individual Resolutions of Necessity. Right-of-way documentation in the form of a legal description is attached as Exhibit A to the individual Resolutions of Necessity. The resolution number corresponding to each property is as follows: Resolution No. Assessor Parcel Number (APN) 03-18 03-19 03-20 03-21 03-22 03-23 03-25 500-101-06 (David S. Jones) 500-101-07 (Susan L. Jones) 500-101-03 (Stevens) 500-101-01 (Stevens) 500-101-02 (Stevens) 500-101-04 (Stevens) 401-283-01 (Fitterer) Approval of the Resolutions of Necessity for the Acquisition of Parcels APN 500-101-06, APN 500- 101-07, APN 500-101-03, APN 500-101-01, APN 500-101-02, APN 500-101-04, and APN 401-283- 01 for the Irvine Boulevard/Newport Avenue Intersection Enhancement Project April 7, 2003 Page 6 D. Offers were 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. 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 each property. , Reviewed and approved each appraisal, and established just compensation in an amount not less than the approved appraisal. 3. Determined the owner of each property by examining the County Assessor's records. . Made a written statutory offer to each property owner for the full amount of just compensation, which was not less than the approved appraised amount. E, Each 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 letters dated March 17, 2003, City staff notified the property owners of these rights. Copies of these letters are attached as Exhibit C. The individual property owner has 15 days to file a request with the City Clerk to speak on April 7, 2003. Staff shall inform the City Council on April 7, 2003 if any such requests were timely filed. Approval of the Resolutions of Necessity for the Acquisition of Parcels APN 500-101-06, APN 500- 101-07, APN 500-101-03, APN 500-101-01, APN 500-101-02, APN 500-101-04, and APN 401-283- 01 for the Irvine Boulevard/Newport Avenue Intersection Enhancement Project April 7, 2003 Page 7 Based on the evidence provided above, and testimony received at the hearing, it is recommended that the City Council adopt each of the Resolutions of Necessity described below authorizing and directing the City Attorney and/or Special Legal Counsel to acquire by condemnation certain real property interests as follows: Resolution No. Assessor Parcel Number (APN) 03-18 03-19 03-20 03-21 03-22 03-23 03-25 500-101-06 (David S. Jones) 500-101-07 (Susan L. Jones) 500-101-03 (Stevens) 500-101-01 (Stevens) 500-101-02 (Stevens) 500-101-04 (Stevens) 401-283-01 (Fitterer) and to obtain immediate possession, thereof, for the Irvine Boulevard/Newport Avenue Intersection Enhancement Project and declaring the public convenience and necessity thereof. Tim D. Serlet Director of Public Works/City Engineer TDS:DRK:ccg:Approval of Reso of Necessity Irvine/Newport memo.doc. Attachment: Resolutions of Necessity Appendix A to the Resolutions of Necessity Notice of Intent to Adopt Engineering Services Manager Resolution of Necessity Appendix A to the Resolution of Necessity Notice of Intent to Adopt For David S. Jones 1062 Old Irvine Blvd. APN 500-101-06 Resolution No. 03-18 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 03-18 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 IRVINE BOULEVARD/NEWPORT AVENUE INTERSECTION ENHANCEMENT PROJECT (CIP 7118) 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 Irvine Boulevard/Newport Avenue Intersection Enhancements ("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 located at 1062 Old Irvine Boulevard (APN 500-101-06); 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 Irvine Boulevard between Newport Avenue and Old Irvine Boulevard; WHEREAS, the plans for the Project are on file with the Director of Public Works of City; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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, a summary of the basis for the amount established as just compensation and an appraised summary statement 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 December 9, 2002, the Planning Commission of City, pursuant to the provisions of the Government Code, Section 65402, found that the proposed location, purpose, and extent of the project is consistent with the City's General Plan; and WHEREAS, on November 1, 1999 the City Council approved a Mitigated Negative Declaration for the Project pursuant to Public Resources Code Section 21000, et seq., the California Environmental Quality Act ("CEQA"), and on November 10, 1999 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 March 17, 2003 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- 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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 April 7, 2003 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 April 7, 2003 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; 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; -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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 7th day of April 2003 ATTEST: Tracy Wills Worley Mayor PAMELA STOKER CITY CLERK 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 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 A. B. Exhibit "A" Exhibit "A" Appendix A CONTENTS Legal Description Parcel 109-1 Legal Description Parcel 209-1 Temporary Construction Easement -5- EXHTBTT "A" PARCEL 109' 1 THAT PORTION OF THE NORTHEASTERLY ONE-HALF OF LOT 1 IN BLOCK 12 OF IRVINE'S SUBDIVISION, IN THE CITY OF TUb'TIN, COUNTY OF ORANGE, S-FATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 1 AT PAGE 88 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS' . COMMENCING (P.O.C.) AT THE MOST WESTERLY CORNER OF THE PARCEL OF LAND DESCRIBED IN AN EASEMENT DEED RECORDED MARCH 25, 1960 IN BOOK 5164, PAGE 131, IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE SOUTH 39055'33'' WEST 154.15 FEET ALONG NORTHWESTERLY LINE OF THE SOUTHEASTERLY 1032.8 FEET 'OF NORTHEASTERLY ONE-HALF OF LOT 1 BLOCK 12 OF IRVINE'S SUBDIVISION TO THE TRUE POINT OF BEG'rNNING (T.P.O.B.), SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE, CONC. AVE SOUTHWESTERLY, THE RADIUS OF WHICH BEARS SOUTH 03°43'46' WEST 1260.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 102.40 FEET THROUGH A CENTRAL ANGLE OF 04°39'23" TO THE NORTHWESTERLY ITNE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN A QUTT CLAIM DEED RECORDED JULY 24, 1990 AS INSTRUMENT NO. 90-388434, OFF'lC[AL RECORDS OF SAID COUNTY; THENCE ALONG SAID NORTHWESTERLY ITNE SOUTH 39055'33' WEST 11.75 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, · CONCAVE SOUTHWESTERLY, THE RADIUS OF WHICH BEARS SOUTH 08°06'15' WEST 1250.00 FEET, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT OF WAY OF IRVINE BOULEVARD DESCRIBED AS. PARCEL A IN AN EASEMENT DEED RECORDED NOVEMBER 04, 1959 IN BOOK 4959, PAGE 357, OFFICIAL RECORDS OF ORANGE COUNTY; THENCE WESTERLY ALONG SAID NORTHERLY LINE AND SAID CURVE 102.77 FEET THROUGH A CENTRAL ANGLE OF 04°42'39" TO THE NORTHWESTERLY LINE OF SAID SOUTHEASTERLY 1032.8 FEET OF LOT l; THENCE LEAVING SAID NORTHERLY LINE ALONG SAID WESTERLY ITNE NORTH 39°55'33" EAST 12.42 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 1,026 SQUARE FEET = 0.02 ACRES, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B", A1-FACHED HERETO AND BY REFERENCE MADE A PART THEREOF. EUGENL~. SHAFFER; L.S. ,~.,/ DATE LICENSE EXPIRES SEPTEMi~I~30, 2002 \\10.20.30.50\engin\3291 \0008\survey\ROW\PARCEL109-1 .doc EXHIBIT "B" PARCEL 109-1 POR. NE ' LY 1/2 OF LOT P.O.B. BLOCK 2 OF IR VINE'S SUBDI V 6 (RD M RM 1/88 · 10' 2EL 109-1 INSTRUMENT //90-388434 O.R. / / / LINE TABLE LINE BEARING LENGTH L 1 S~9'55'33"W 11.75' L2 N,.~9'55 '53 "E 12.42' P.O. C/ / / / / / / / / / / ION SHEET 1 -/ / / / / / OF 1 CURVE TABLE CURVE DEL TA RADIUS LENGTH C t 04'39 '23" 1260. 00' 102. 40' C2 04'42 '39" 1250. 00' 102. 77' GRAPHIC SCALE: 1"=50' AREA SQ. FEET ACRES SQ. METERS 1,026 0.02 ASL Consulting Engineers 16241 LAGUNA CYN. RD. SUITE 2OO IRVINE, CA 92618 ~.(949) 727-7099 FAX:(949) 727-7097 PREPARED UNDER THE DIRECTION OF EUSENE A. SHAh-ER, LICENSE EXPIRES ~ v DATE EXHIBIT "A" PARCEL 209-! TEMPORARY CONSTRUCTTON EASEIVlENT THAT PORT~ON OF THE NORTHEASTERLY ONE-HALF OF LOT 1 IN BLOCK 12'OF IRV~NE'S SUBDIVISION, IN THE Ci-FY OF TUST~N, COUNTY OF ORANGE, STATE OF CALTFORNIA, AS SHOWN ON MAP RECORDED IN BOOK i AT PAGE 88 OF MISCELLANEOUS MAPS IN THE OFF~CE OF THE RECORDER OF SA~D COUNTY, DESCRIBED AS FOLLOWS: COMMENCING (P.O.C.) AT THE MOST WESTERLY CORNER OF THE PARCEL OF LAND DESCR]BED IN AN EASEMENT DEED RECORDED M/~RCH 25, 1960 IN BOOK 5164, PAGE 131, IN THE OFF~CE OF THE RECORDER OF SAID COUNTY; THENCE ALONG NORTHWESTERLY L/NE OF THE SOUTHEASTERLY 1032.8 FEET OF THE NORTHEASTERLY ONE-HALF OF LOT i BLOCK 12 OF IRVINE'S SUBDIM~SION SOUTH 39°55'33' WEST 141.78 FEET TO THE TRUE POINT OF BEGINNING (T.P.O.B.), SA~D POINT BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, THE RADIUS OF WHICH BEARS SOUTH 04°03'32'' WEST 1270.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 102.04 FEET THROUGH A CENTRAL ANGLE OF 04°36'13" TO NORTHWESTERLY LTNE OF THAT CERTAIN PARCEL OF LAND DESCR/BED IN A QU1T CLAIM DEED RECORDED ]ULY 24, 1990 AS INSTRUMENT NO. 90-388434 OFF~AL RECORDS OF SA~D COUNTY; THENCE ALONG SA~D NORTHWESTERLY ITNE SOUTH 39°55'33'' WEST 11.72 FEb-]-TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, THE RADIUS OF WHICH BEARS SOUTH 08°23'09'' WEST 1260.00 FEET; THENCE WESTERLY ALONG SA~D CURVE 102.40 FEET THROUGH A CENTRAL ANGLE OF 04°39'23'' TO THE NORTHWESTERLY ITNE OF SMD SOUTHEASTERLY 1032.8 FEET LOT 1 BLOCK 12 OF IRWNE'S SUBDIVISION; THENCE ALONG SAID NORTHWESTERLY L/NE NORTH 39°55'33' EAST 12.37 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1,022 SQUARE FEET = 0.02 ACRES, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBiT "B", ATTACHED HERETO AND BY REFERENCE MADE A PART THEREOF. EUGENE ~FE~R, L.S. 46~ ~'""/' DATE N :\329 I\0008Lsurvey\ROW\PARCEL209-1 .doc LOT P.O.B. 10' INSTRUMENT //~0-&88454 O.R. / / LINE TABLE LINE BEARINt~ LENGTH L 1 S59'55 '55"W 11.72' L2 N39'55 '53"E 12.3 7' CURVE TABLE CURVE DEL TA RADIUS LENGTH C1. 04'J6'lJ" 1270.00' 102.04' C2 04'59 '23" 12 60.00' 102.40' I EXHIBIT "B" PARCEL 209-1 P OFt NE. L ¥ d/2 OF I LOCK VJNE'S S04'05 '~2 "~__~R) 209-1 / P.O.C./ / / / / / 12 SUBDJ / / / / / OF / / / SHEET 1 OF 1 / / / / 0 GRAPHIC SCALE: 1"=50' 25 50 100 ~ ~ ~;:;~ Z~l ~'[ --"-- I ''~-!i PREPARED UNDER THE DIRECTION OF ~ ,.s. AREA SQ, FEET ACRES 1,022 0.02 AS1. Consulting Engineers 162~1 LAGUNA CYN. RD. SUITE 200 IRVINE,CA 92618 ~(949) 72'7-7099 FAX:(949) 727-7097 Office of the City Manager March 17, 2003 David S. Jones, Trustee 5542 Oakley Terrace Irvine, CA 92612-3512 City of Tustin · 300 Centennial Way Tustin, CA 92780 714.573.3010 FAX 714.838.1602 Re: Notice of Hearing Regarding Adoption of a Resolution of Necessity to Acquire Property by Eminent Domain [California Code of Civil Procedure 1245.235] Irvine Boulevard/Newport Avenue Intersection Enhancement Project (CIP 7118) Property: 1062 Old Irvine Boulevard 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 April 7, 2003 that, if adopted, will authorize the City of Tustin ("City") to acquire the property described herein by eminent domain for the lrvine Boulevard/Newport Avenue Intersection Enhancement Project (CIP 7118). 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, April 7, 2003 at 7:00 p.m. or as soon thereafter as the matter may be heard, at 300 Centennial Way, Council Chambers, Tustin, California, will hold a hearing on whether such a Resolution of Necessity should be adopted, as required by Califomia 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; David S. Jones Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by Eminent Domain March 17, 2003 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 statutory 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). David S. Jones Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by Eminent Domain March 17, 2003 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. David S. Jones Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by Eminent Domain March 17, 2003 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 March 17, 2003. William A. Huston, City Manager 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:/CIP Projects - Active\7118 - Irvine-Newport/Acquisition/Morrow Eminent Domain.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 03-18 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 IRVINE BOULEVARD/NEWPORT AVENUE INTERSECTION ENHANCEMENT PROJECT (CIP 7118) 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 Irvine Boulevard/Newport Avenue Intersection Enhancements ("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 located at 1062 Old Irvine Boulevard (APN 500-101-06); 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 Irvine Boulevard between Newport Avenue and Old Irvine Boulevard; WHEREAS, the plans for the Project are on file with the Director of Public Works of City; and 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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, a summary of the basis for the amount established as just compensation and an appraised summary statement 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 December 9, 2002, the Planning Commission of City, pursuant to the provisions of the Government Code, Section 65402, found that the proposed location, purpose, and extent of the project is consistent with the City's General Plan; and WHEREAS, on November 10, 1999 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 March 17, 2003 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- 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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 April 7, 2003 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 April 7, 2003 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; -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Co 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 7th day of April 2003 ATTEST: Tracy Wills Worley Mayor PAMELA STOKER CITY CLERK 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 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 A, Bo Exhibit "A" Exhibit "A" Appendix A CONTENTS Legal Description Parcel 109-1 Legal Description Parcel 209-1 Temporary Construction Easement -5- · EXHIBIT "A" PARCEL 109'1 THAT PORTION OF THE NORTHEASTERLY ONE-HALF OF LOT 1 IN BLOCK 12 OF IRVINE'S SUBDIVISION, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK ! AT PAGE 88 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING (P.O.C.) AT THE MOST WESTERLY CORNER OF THE PARCEL OF LAND DESCRIBED IN AN EASEMENT DEED RECORDED MARCH 25, 1960 IN BOOK 5164, PAGE 131, IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE SOUTH 39°55'33' WEST 154.15 FEET ALONG NORTHWESTERLY LINE OF THE SOUTHEASTERLY 1032.8 FEET'OF NORTHEASTERLY ONE-HALF OF LOT 1 BLOCK 12 OF IRVINE'S SUBDIVISION TO THE TRUE POINT OF BEGINNING (T.P.O.B.), SAID POINT BEING THE 'BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, THE RADIUS OF WHICH BEARS SOUTH 03°43'46' WEST 1260.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 102.40 FEET THROUGH A CENTRAL ANGLE OF 04°39'23'' TO THE NORTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN A QUIT CLAIM DEED RECORDED JULY 24, 1990 AS INSTRUMENT NO. 90-388434, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 39055'33" WEST 11.75 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, 'CONCAVE SOUTHWESTERLY, THE RADIUS OF WHICH BEARS SOUTH 08°06'15' WEST 1250.00 FEET, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT OF WAY OF IRVINE BOULEVARD DESCRIBED AS. PARCEL A IN AN EASEMENT DEED RECORDED NOVEMBER 04, 1959 IN BOOK 4959, PAGE 357, OFFICIAL RECORDS OF ORANGE COUNTY; THENCE WESTERLY ALONG SAID NORTHERLY LINE AND SAID CURVE 102.77 FEET THROUGH A CENTRAL ANGLE OF 04042'39'' TO THE NORTHWESTERLY LINE OF SAID SOUTHEASTERLY 1032.8 FEET OF LOT 1; THENCE LEAVING SAID NORTHERLY LINE ALONG SAID WESTERLY ITNE NORTH 390'55'33'' EAST 12.42 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1,026 SQUARE FEET = 0.02 ACRES, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT"R' ATTACHED HERETO AND BY REFERENCE MADE A PART THEREOF. - ' EUGENE'. SHAFFER; L.~. ~"/' DATE LICENSE EXPIRES SEPTEMI~;~/30, 2002 \\10.20.30.50\engin\3291 \0008'Ls u rvey\R OW\PAR C EL 109-1 .doc = 5 10' LOT P.O.B. EXHIBIT "B" PARCEL 109-1 POR. NE "LY 1/2 OF BLOCK 2 OF IR VINE'S SUBDi V C£L 109-1 M RM 1/88 INSTRUMENT ~90-588454 O.R. / / / LINE TABLE LINE BEARING LENGTH .., L 1 S,..z9'55 ',.,z,.~"W11.2'5' L2 N39'55 '`33 "E 12.42' / / / ION / / / / / / / CURVE TABLE CURVE DEL TA RADIUS LENGTH C 1 04',39 '2,3" 1260. 00' 102. 40' C2 04'42 ',39" 1250. 00' 102. 77' SHEET 1 OF 1 / / / / / / GRAPHIC SCALE: 1"=50' AREA SQ. FED ACRES I SQ. METERS 1,026 0.02 ASL Consulting Engineers 16241 LAGUNA CYN. RD. SUITE 200 IRVlNE, CA 92618 (949) 727-7099 FAX:(949) 727-7097 PREPARED UNDER THE DIRECTION OF DATE EXHI"BIT PARCEL 209'1 TEMPORARY CONSTRUCTION EASEHENT THAT PORTION OF THE NORTHEASTERLY ONE-HALF OF LOT 1 IN BLOCK 12'OF IRVINE'S SUBDIVISION, IN THE CITY OF TUS-I/N, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 1 AT PAGE 88 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING (P.O.C.) AT THE MOST WESTERLY CORNER OF THE PARCEL OF LAND DESCRIBED IN AN EASEMENT DEED RECORDED M/~RCH 25, 1960 IN BOOK 5164, PAGE 131, IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE ALONG NORTHWESTERLY LINE OF THE SOUTHEASTERLY 1032.8 FEET OF THE NORTHEASTERLY ONE-HALF OF LOT i BLOCK 12 OF IRVINE'S'SUBDIVISION SOUTH 39°55'33" WEST 141.78 FEET TO THE TRUE POINT.OF BEGINNING (T.P.O.B.), SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, THE RADIUS OF WHICH BEARS SOUTH 04°03'32'' WEST 1270.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 102.04 FEET THROUGH A CENTRAL ANGLE OF 04°36'13'' TO NORTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN A QUIT CLAIM DEED RECORDED 3ULY 24, 1990 AS INSTRUMENT NO. 90-388434 OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 39°55'33" WEST 11.72 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOLrFHWESTERLY, THE RADIUS OF wHICH BEARS SOUTH 08°23'09'' WEST 1260.00 FEET; THENCE WESTERLY ALONG SAID CURVE 102.40 FEET THROUGH A CENTRAL ANGLE OF 04039'23" TO THE NORTHWESTERLY LINE OF SAID SOUTHEASTERLY 1032.8 FEET LOT 1 BLOCK 12 OF IRVINE'S SUBDIVISION; THENCE ALONG SAID NORTHWESTERLY LINE NORTH 39055'33" EAST 12.37 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1,022 SQUARE FEET = 0.02 ACRES, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B'; ATTACHED HERETO AND BY REFERENCE MADE A PART THEREOF. EUGENE ~FFE-R, L.S. 4644 /7/// DATE LICENSE EXPIRES N:\3291 \0008\survey\ROW\PARCEL209.1 .doc 10' LOT O.B. INSTRUMENT //90-~88454 O.R. / / / LINE TABLE LINE BLEARING LENGTH L 1 S59'55'5,3"W 11.72' L2 N,.,zg'55 ',..,z5 "E12.3 7' EXHIBIT "B" PARCEL 209-1 PO.R, NE LY -J LOCK VINE'S S04'05 '52 "~_.~R2 209-1 P.O.C./ / / ./ / -]/2 12 oF S U B D J~V J S J 0 N M R M i/BF~ / "ox,. / / / / / / SHEET 1 / / / / OF 1 / / / CURVE TABLE CURVE DEL TA RADIUS LENGTH Cl. 04'56'15" 1270.00' 102.04' C2 04'59 '25" 1260. 00' 102.40' 0 25 5O 1 O0 GRAPHIC SCALE: 1"=50' AREA SQ. FEET ACRES SQ: METERS 1,022 0.02 ASL Consulting Engineers 162~-1LAGUNA CYN. RD. SUITE 200 IRVINE, CA 92618 (949) 727-7099 FAX:(949) 727-7097 ~lr~ .~T'Z] )'~"! PREPARED UNDER THE DIRECTION OF 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 March 17, 2003, 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: (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] E3 (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. E] (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 March 17, 2003 at Tustin, California. Ka!~erine Barr Office Support Specialist Resolution of Necessity Appendix A to the Resolution of Necessity Notice of Intent to Adopt For Susan L. Jones 1082 Old Irvine Blvd. APN 500-101-07 Resolution No. 03-19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 03-19 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 IRVlNE BOULEVARD/NEWPORT AVENUE INTERSECTION ENHANCEMENT PROJECT (CIP 7118) 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 Irvine Boulevard/Newport Avenue Intersection Enhancements ("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 located at 1082 Old Irvine Boulevard (APN 500-101-07); 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 at Irvine Boulevard between Irvine Boulevard and Old Irvine Boulevard; WHEREAS, the plans for the Project are on file with the Director of Public Works of City; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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, a summary of the basis for the amount established as just compensation and an appraised summary statement 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 December 9, 2002, the Planning Commission of City, pursuant to the provisions of the Government Code, Section 65402, found that the proposed location, purpose, and extent of the project is consistent with the City's General Plan; and WHEREAS, on November 1, 1999 the City Council approved a Mitigated Negative Declaration for the Project pursuant to Public Resources Code Section 21000, et seq., the California Environmental Quality Act ("CEQA"), and on November 10, 1999 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 March 17, 2003 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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 April 7, 2003 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 April 7, 2003 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. bo 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. 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; b. To acquire the property in fee simple absolute unless a lesser estate is described in Appendix A; 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; -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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 7th day of April 2003 ATTEST: Tracy Wills Worley Mayor PAMELA STOKER CITY CLERK 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 -4- 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Ao Bo Exhibit "A" Exhibit "A" Appendix A CONTENTS Legal Description Parcel 109-2 Legal Description Parcel 209-2 Temporary Construction Easement -5- EXHIBIT "A" PARCEL '109-2 THAT PORTION OF THE NORTHEASTERLY ONE-HALF OF LOT 1 IN BLOCK 12 OF IRVINE'S SUBDIVISION, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK I AT PAGE 88 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMNIENCING (P.O.C.) AT THE SOUTHEASTERLY CORNER OF THE PARCEL OF LAND DESCRIBED IN AN EASEMENT DEED RECORDED MARCH 25, 1960 IN BOOK 5164, PAGE 129, IN THE OFFICE OF THE RECORDER OF SAID COUNTY, SAID POINT ALSO BEING THE BEGINNING OF A CURVE, . CONCAVE' WESTERLY, THE RADIUS OF WHICH BEARS SOUTH 40°00'00" WEST 17.00 FEET AS DESCRIBED IN A QUIT CLAIM DEED RECORDED JULY 24, 1990 AS INSTRUMENT NO. 90-388434 OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 6.84 FEET THROUGH A CENTRAL ANGLE OF 23003'53'' TO THE TRUE POINT OF BEGINNING (T.P.O.B.) SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF. 14.00 FEET, THE RADIUS OF WHICH BEARS SOUTH 73°14'50'' WEST; THENCE ALONG SAID CURVE 29.88 FEET THROUGH A CENTRAL ANGLE OF 122°17'36" TO A REVERSE CURVE, CONCAVE SOUTHWESTERLY, THE RADIUS OF WHICH BEARS SOUTH 15°32'26" WEST 1257.00 FEET; THENCE wESTERLY ALONG SAID CURVE 99.08 FEET THROUGH A CENTRAL ANGLE OF 04°30'59"; THENCE NON-TANGENT TO SAID CURVE NORTH 68°49'51'' WEST 16.44 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOU-[HWESTERLY, THE RADIUS OF WHICH BEARS SOUTH 10°17'17'' WEST 1260.00 FEET; THENCE WESTERLY ALONG SAID CURVE 41.83 FEET. THROUGH A CENTRAL ANGLE. OF 01°54'08'' TO NORTHWESTERLY LINE OF SAID INSTRUMENT NO. 90-388434; THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 39°55'33'' WEST 11.75 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, THE RADIUS OF WHICH BEARS SOUTH 08°06'15'' WEST 1250.00 FEET, SAID POINT ALSO BEING ON THE NORTHERLY LINE OF PARCEL A AS DESCRIBED IN AN EASEMENT DEED RECORDED NOVEMBER 4, 1959 IN BOOK 4959, PAGE 357, OF OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTHEASTERLY ALONG SAID NORTHERLY LINE AND SAID CURVE 161.54 FEET THROUGH A CENTRAL ANGLE OF 07°24'16" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHWESTERLY, THE RADIUS OF WHICH BEARS NORTH 15°30'31" WEST 17.00 FEET; THENCE NORTHERLY ALONG SAID CURVE 39.30 FEET THROUGH A CENTRAL ANGLE OF 132026'38'' TO THE TRUE POINT OF BEGINNING. CONTAINING 1,408 SQUARE FEET = 0.03 ACRES, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B", ATTACHED HERETO AND BY REFERENCE MADE A PART THEREOF. EUGENF~~FFER, L.S. 1 'fCENSE EXPIRE SEPTEMBER.~, 2~ \\10.20.30.50\engin\3291\0008~survey\ROW\PARCEL109.2.doc DATE 0 25 50 100 GRAPHIC SCALE: 1"=50' AREA '1 S0.1,408FEET ACRES0.03 I SQ. IvlETERS 'AsL Consulting Engineers 16241 LAGUNA CYN. RD. SUITE 200 IRVINE, CA 92618 k~(949) 727--7099 FAX:(949) 727-7097 EXHIBIT "B" PARCEL 109-2 POR. N"'E.' LY '1/2 OF/ L'OT 1 BLO"G.K 12 OF · · 'M RM-1/88 ~ · / so8 os' t s x(~ . · / / · ,2/ // .SI · ix/ / ('/ P.O.C. ~66 SHEET 1 OF 1 ./ P.O.B. LINE TABLE LINE BEARING LENGTH L 1 N68'49 '51 "W 16. 44' L2 SJ9'55 'JJ"Vi/ 1 '1.75' CURVE TABLE CURVE DEL TA RADIUS LENGTH C1 23'03'53" 1 ZOO' 6.84' C2 122'17'36" 14.00' 29.88' 03 04'30 '59" 125 Z 00' 99. 08' C4 01'54 '08" 1260.00' 41.83' C5 07'24' 16" 1250.00' 161.54' CS 152'26'J8" 17. 00' 39.30' PREPARED UNDER THE DIRECTION OF -~UGENE~L-~HAFFER, L.~. LICENSE EXPIRES, 9/30/2d02 EXHIBIT PARCEL 209-2 TEMPORARY CONSTRUCTION EASEMENT THAT PORTION OF THE NORTHEASTERLY ONE-HALF OF LOT 1 IN BLOCK 12 OF IRVINE'S .SUBDIVISION, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK I AT PAGE 88 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY,. DESCRIBED AS FOLLOWS: BEGZNNING (P.O.B.) AT THE SOUTHEASTERLY CORNER OF THE PARCEL OF LAND DESCRIBED IN AN EASEMENT DEED RECORDED MARCH 25, 1960 IN BOOK 5164, PAGE 129, IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE LEAVING SAID SOUTHEASTERLY CORNER SOUTH 29°18'22'' WEST 15.93 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, THE RADIUS OF WHICH BEARS SOUTH 15o39'20'' WEST 1267.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE 37.60 FEET THROUGH A CENTRAL ANGLE OF 01°42'02"; THENCE SOUTH 40°05'12'' WEST 11.15 FEET; THENCE NORTH 50056'03'' WEST 22.97 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, THE RADIUS OF WHICH BEARS SOUTH 12047'32'' WEST 1267.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE 93.15 FEET THROUGH A CENTRAL ANGLE OF 04012'44'' TO NORTHWESTERLY LINE OF THE PARCEL OF LAND DESCRIBED IN A QUIT CLAIM DEED RECORDED JULY 24, 1990 AS INSTRUMENT NO. 90-388434, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 39055'33'' WEST 8.20 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, THE RADIUS OF WHICH BEARS SOUTH 08023'09'' WEST 1260.00 FEET; THENCE SOUTHEASTERLY ALONG SAID-CURVE 41.83 FEET THROUGH A CENTRAL ANGLE OF 01054'08"; THENCE NON-TANGENT SOUTH 68°45'51'' EAST 16.44 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE SOUTHWESTERLY, THE RADIUS OF WHICH BEARS SOUTH 11°01'27'' WEST 1257.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 99.08 FEET THROUGH A CENTRAL ANGLE OF 04°30'59'' TO THE BEGINNING OF A REVERSE CURVE, CONCAVE.NORTHWESTERLY, THE RADIUS OF WHICH BEARS NORTH 15°32'36'' EAST 14.00 FEET; THENCE NORTHERLY ALONG SAID CURVE 29.88 FEET THROUGH A CENTRAL ANGLE OF 122°17'36'' TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, THE RADIUS OF WHICH BEARS SOUTH 63°03'53'' WEST 17.00 FEET ALSO BEING THE NW'LY LINE OF PARCEL 2 AS PER DEED RECORDED IN BOOK 4959 PAGE 357 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE NORTHWESTERLY ALONG SAID NORTHWESTERLY LINE 6.84 FEET THROUGH A CENTRAL ANGLE OF 23°03'53" TO THE POINT OF BEGINNING. CONTAINING 1,505 SQUARE FEET = 0.0345 ACRES, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B", A'I'TACHED HERETO AND BY REFERENCE MADE A PART THEREOF. EUGEN A' . SHAFFER, \\10.20.30.50\engin\3291\0008~survey\ROW\PARCEL209-2.doc DATE 5O I 1 I I I I I I I I I 0 25 50 100 GRAPHIC SCALE: 1"=50' AREA SQ. FEE'F ACRES I SQ. NIETERS I 1,505 0.0345 ASL Consulting Engineers 16241 LAGUNA CYN. RD. SUITE 200 IRVlNE, CA 92618 ,~((949) 727--7099 FAX:(949) 727-7097 EXHIBIT "B" PARCEL 209-2 POR. LY LOT 1 BLO I'RVI NE'S ,SUBD MRM 1/88 / / / / / / SHEET 112 OF 12 OF// SI~/N / / / / / mx / I LINE TABLE LINE BEARING LENGTH L 1 S29'18'22"W 15.9J' L2 S40'05'12"W I 1.15' L3 N50'56 'OJ "14; 22. 9 7' L4 $J9'55 ?,J"W 8.20' L5 S68'45 '51 "E 16. 44' , CURVE TABLE CURVE DEL TA RADIUS LENGTH CI 01'42'02" 1267.00' 37.60' C2 04'12'44" 1267.00' 9~. 15' C3 01 '54 '08" 1260. 00' 41.8J' C4 04"50'59" 1257.00' 99.08' CE, 122' 17'36" 14.00' 29. C6 23'03'53" 17.00' 6.84' 1 OF 1 LICENSE EXPIRES Office of the City Manager March 17, 2003 Susan L. Jones, Trustee 12 Westport Irvine, CA 92620-2655 Cityof Tustin 300 Centennial Way Tustin, CA 92780 714.573.3010 FAX 714.838.1602 Re: Notice of Hearing Regarding Adoption of a Resolution of Necessity to Acquire Property by Eminent Domain [California Code of Civil Procedure 1245.235] irvine Boulevard/Newport Avenue Intersection Enhancement Project (CIP 7118) Property: 1082 Old Irvine Boulevard 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 April 7, 2003 that, if adopted, will authorize the City of Tustin ("City") to acquire the property described herein by eminent domain for the Irvine Boulevard/Newport Avenue Intersection Enhancement Project (CIP 7118). 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, April 7, 2003 at 7:00 p.m. or as soon thereafter as the matter may be heard, at 300 Centennial Way, Council Chambers, 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; Susan L. Jones Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by Eminent Domain March 17, 2003 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 statutory 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). Susan L. Jones Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by Eminent Domain March 17, 2003 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. Susan L. Jones Notice of Hearing Regarding AdoPtion of Resolution of Necessity to Acquire Property by Eminent Domain March 17, 2003 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 March 17, 2003. 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\7118 -Irvine-Newport/Acquisition/Morrow 1 Eminent Domain.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 03-19 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 IRVINE BOULEVARD/NEWPORT AVENUE INTERSECTION ENHANCEMENT PROJECT (ClP 71'18) 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 Irvine Boulevard/Newport Avenue Intersection Enhancements ("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 located at 1082 Old Irvine Boulevard (APN 500-101-07); 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 at Irvine Boulevard between Irvine Boulevard and Old Irvine Boulevard; WHEREAS, the plans for the Project are on file with the Director of Public Works of City; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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, a summary of the basis for the amount established as just compensation and an appraised summary statement 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 December 9, 2002, the Planning Commission of City, pursuant to the provisions of the Government Code, Section 65402, found that the proposed location, purpose, and extent of the project is consistent with the City's General Plan; and WHEREAS, on November 10, 1999 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 March 17, 2003 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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 April 7, 2003 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 April 7, 2003 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. bt 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; -3- 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Co 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 7th day of April 2003 ATTEST: Tracy Wills Worley Mayor PAMELA STOKER CITY CLERK 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 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Al B, Exhibit "A" Exhibit "A" Appendix A CONTENTS Legal Description Parcel 109-2 Legal Description Parcel 209-2 Temporary Construction Easement -5- EXHIBIT PARCEL 109-2 THAT PORTION OF THE NORTHEASTERLY ONE-HALF OF LOT 1 IN BLOCK 12 OF IRVINE'S SUBDIVISION, IN THE C1TY OF Tus'r'~N, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK I AT PAGE 88 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COHNIENCING (P.O.C.) AT THE SOUTHEASTERLY CORNER OF THE PARCEL OF LAND DESCRIBED IN AN EASEMENT DEED RECORDED MARCH 25, 1960 IN BOOK 5164, PAGE 129, IN THE OFFICE OF THE RECORDER OF SAID COUNTY, SAID POINT ALSO BEING THE BEGINNING OF A CURVE, cONCAVE WESTERLY, THE RADIUS OF WHICH BEARS SOUTH 40000'00" WEST 17.00 FEET AS DESCRIBED IN A QUIT CLAIM DEED RECORDED 3ULY 24, 1990 AS INSTRUMENT NO. 90-388434 OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 6.84 FEET THROUGH A CENTRAL ANGLE OF 23°03'53'' TO THE TRUE POTNT OF BEGINN1'NG (T.P.O.B.) SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF. 14.00 FEET, THE RADIUS OF WHICH BEARS SOUTH 73°14'50'' WEST; THENCE ALONG SAID CURVE 29.88 FEET THROUGH A CENTRAL ANGLE OF 122017'36'' TO A REVERSE CURVE, CONCAVE SOUTHWESTERLY, THE RADIUS OF WHICH BEARS SOUTH 15°32'26" WEST 1257.00 FEET; THENCE WESTERLY ALONG SAID CURVE 99.08 FEET THROUGH A CENTRAL ANGLE OF 04°30'59"; THENCE NON-TANGENT TO SAID CURVE NORTH 68°49'51'' WEST 16.44 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, THE RADIUS OF WHICH BEARS SOUTH 10°17'17" WEST 1260.00 FEET; THENCE WESTERLY ALONG SAID CURVE 41.83 FEET. THROUGH A CENTRAL ANGLE. OF 01054'08'' TO NORTHWESTERLY LINE OF SAID INSTRUMENT NO. 90-388434; THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 39°55'33'' WEST 11.75 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, THE RADIUS OF WHICH BEARS SOUTH 08°06'15'' WEST 1250.00 FEET, SAID POINT ALSO BEING ON THE NORTHERLY LINE OF PARCEL A AS DESCRIBED IN AN EASEMENT DEED RECORDED NOVEMBER 4, 1959 IN BOOK 4959, PAGE 357, OF OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTHEASTERLY ALONG SAID NORTHERLY LINE AND SAID CURVE 161.54 FEET THROUGH A CENTRAL ANGLE OF 07°24'16'' TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHWESTERLY, THE RADIUS OF WHICH BEARS NORTH 15°30'31" WEST 17.00 FEET; THENCE NORTHERLY ALONG SAID CURVE 39.30 FEET THROUGH A CENTRAL ANGLE OF 132°26'38" TO THE TRUE POINT OF BEGINNING. CONTAINING 1,408 SQUARE FEET = 0.03 ACRES, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B", A'UFACHED HERETO AND BY REFERENCE MADE A PART THEREOF. EUGENF_..,~CSHAFFER, L.S. 4~;~z~/~,//' I 'I'CENSE EXPIRE SEPTEMBER~, 2~,.. \\10.20.30.50\engin\3291 \0008!,survey\ROW\PAR C EL109-2.doc DATE EXHIBIT "B" PARCEL 109-2 POR. ~X'XE.' LY '!/2 OF/' LOT I BLO~G.K 12 OF · IRVINE'S S U B~IVISl0/N · ,M RM-~I/88 ~ / / / / / T.P.O.B. LINE TABLE LINE BEARING LENGTH L 1 N6g'49 '51 "W 16. 44' L2 S39'55 '33"W 1 '1.75' I I I CURVE TABLE CURVE DEL TA RADIUS LENGTH C 1 23'03 '53" 17. 00' 6. 84' C2 122"17'35" 14.00' '29.88' C3 04'30 '59" 1257. 00' 99.08' C4 01 '54 '08" 1260. 00' 41.83' C5 07'24 '16" 1250.00' 161.54' C6 132'26 '38" 17. 00' 39.30' GRAPHIC SCALE: 1"=50' ,',~,' . ~o. ~ ,,c,~ s,~. ,,~,~ Ii"*' [ ' -- ~'~ ~ I 1,408 0.03I \~ ASL Consulting Engineers 16241 LAGUNA CYN. RD. SUITE 200 IRVlNE, CA 92618 (949) 727-7099 FAX:(949) 727-7097 PREPARED UNDER THE DIRECTION OF EUGENE HAFFER. LS LICENSE EXPIRES, 9/30 DATE EXH1'B1'T PARCEL 209-2 TEMPORARY CONSTRUCTION EASEMENT THAT PORTION OF THE NORTHEASTERLY ONE-HALF OF LOt 1 IN BLOCK I2 OF IRVINE'$ SUBDIVISION, IN THE. CITY OF TUb-'FINf COUNTY OF ORANGEf STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK I AT PAGE 88 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING. (P.O.B.) AT THE SOUTHEASTERLY CORNER OF THE PARCEL OF LAND DESCRIBED IN AN EASEMENT DEED RECORDED MARCH 25, 1960 IN BOOK 5164, PAGE 129, IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE LEAVING SAID SOUTHEASTERLY CORNER SOUTH 29°18'22' WEST 15.93 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, THE RADIUS OF WHICH BEARS SOUTH 15°39'20' WEST 1267.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE 37.60 FEET THROUGH A CENTRAL ANGLE OF 01°42'02'; THENCE SOUTH 40°05'12' WEST 11.15 FEET; THENCE NORTH 50056'03'' WES-I' 22.97 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, THE RADIUS OF WHICH BEARS SOUTH 12°47'32' WEST 1267.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE 93.15 FEET THROUGH A CENTRAL ANGLE OF 04°12'44' TO NORTHWESTERLY LINE OF THE PARCEL OF LAND DESCRIBED IN A QUIT CLAIM DEED RECORDED JULY 24, 1990 AS INSTRUMENT NO. 90-388434, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 39°55'33' WEST 8.20 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, THE RADIUS OF WHICH BEARS SOUTH 08°23'09' WEST 1260.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 41.83 FEET THROUGH A CENTRAL ANGLE OF 01°54'08"; THENCE NON-TANGENT SOUTH 68°45'51' EAST 16.44 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE SOUTHWESTERLY, THE RADIUS OF WHICH BEARS SOUTH 11°01'27" WEST 1257.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 99.08 FEET THROUGH A CENTRAL ANGLE OF 04030'59" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE.NORTHWESTERLY, THE RADIUS OF WHICH BEARS NORTH 15032'36'' EAST 14.00 FEET; THENCE NORTHERLY ALONG SAID CURVE 29.88 FEET THROUGH A CENTRAL ANGLE OF 122°17'36'' TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, THE RADIUS OF WHICH BEARS SOUTH 63°03'53'' WEST 17.00 FEET ALSO BEING THE NW'LY LINE OF PARCEL 2 AS PER DEED RECORDED IN BOOK 4959 PAGE 357 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE NORTHWESTERLY ALONG SAID NORTHWESTERLY LINE 6.84 FEET THROUGH A CENTRAL ANGLE OF 23°03'53'' TO THE POINT OF BEGINNING. CONTAINING 1,505 SQUARE FEET = 0.0345 ACRES, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B", ATTACHED HERETO AND BY REFERENCE MADE A PART THEREOF. EUGEN A' . SHAFFER,/ \\10.20.30.50\engin\3291 \0008~s urvey\ROW\PARCE L209-2.doc DATE 1 / I I I I I I I I 0 25 50 100 GRAPHIC SCALE: 1"=50' AREA SQ. FEET 1,50,5 ACRES ISQ' METERS t 0.0345 ASL Consulting Engineers 16241 LAGUNA CYN. RD. SUITE 200 IRVlNE, CA 92618 ~((949) 727--7099 FAX:(949) 727-7097 ,5'O EXHIBIT "B" PARCEL 209-2 POR. N LY LOT 1 BLO IRVINE'S ~SUBD MRM 1/88 so,~'23'o9 "W(R) / / / / 1/2 OF / / 12 OF,/ SI~,N / / / / / SHEET 1 OF 1 / / / LINE TABLE LINE BEARING LENGTH L 1 S2£'18'22"W 15.93' L2 S40'05'12"W I 1.15' L3 N50'5 6 '03 "W 22. 9 7' L4 S39'55 '33"W 8.20' L5 S68'45 ~51 "E 16. 44' CURVE TABLE CURVE DEL TA RADIUS LENGTH C 1 01 '42 '02" 12 6 7. 00' 3 7. 60' C2 04'12'44" 1267.00' 93. 15' C3 01 '54 '08" 1260. 00' 41.83' C4 04'50'59" 1257.00' 99.08' C5 122' 17'56" 14.00' 29.88' C6 23'05'53" 17. 00' 6.84' PREPARED UNDER THE DIRECTION OF LICENSE EXPIRES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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 March 17, 2003, 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: E] (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] [3 (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. E] (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 March 17, 2003 at Tustin, California. Ka~erine Barr Office Support Specialist Resolution of Necessity Appendix A to the Resolution of Necessity Notice of Intent to Adopt For Saul Stevens 13052 Newport Ave APN 500-101-03 Resolution No. 03-20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 03-20 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 IRVlNE BOULEVARD/NEWPORT AVENUE INTERSECTION ENHANCEMENT PROJECT (CIP 7118) 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 Irvine Boulevard/Newport Avenue Intersection Enhancements ("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 located at 13052 Newport Avenue (APN 500- 101-03); 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 northeast corner of the intersection of Irvine Boulevard and Newport Avenue; and WHEREAS, the plans for the Project are on file with the Director of Public Works of City; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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, a summary of the basis for the amount established as just compensation and an appraised summary statement 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 December 9, 2002, the Planning Commission of City, pursuant to the provisions of the Government Code, Section 65402, found that the proposed location, purpose, and extent of the project is consistent with the City's General Plan; and WHEREAS, on November 1, 1999 the City Council approved a Mitigated Negative Declaration for the Project pursuant to Public Resources Code Section 21000, et seq., the California Environmental Quality Act ("CEQA"), and on November 10, 1999 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 March 17, 2003 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- 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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 April 7, 2003 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 April 7, 2003 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. bo 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; Co 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; -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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 7th day of April 2003 ATTEST: Tracy Wills Worley Mayor PAMELA STOKER CITY CLERK 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 -4- 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 A, Exhibit "A" Appendix A CONTENTS Legal Description Parcel 207-6 Temporary Construction Easement -5- EXHIBIT PARCEL 207-6 TEMPORARY cONSTRucTioN EASEHENT THAT PORTION OF THE NORTHEASTERLY ONE-HALF OF LOT 1 IN BLOCK 12 OF IRVINE'S SUBDIVISION, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK I AT PAGE 88 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING (P.O.B.) AT THE MOST EASTERLY CORNER OF THE PARCEL DESCRIBED IN THE OFFER OF DEDICATION RECORDED HAY 29, 1992 AS INSTRUMENT NO. 92- 363619 IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE ALONG THE NORTHERLY, NORTHEASTERLY AND SOUTHEASTERLY LINES OF 'SAID INSTRUMENT SOUTH 89058'39'' WEST 112.65 FEET; THENCE NORTH 25001'50'' WEST 40.92 FEET; THENCE NORTH 39°57'41' EAST 116.71 FEET; THENCE LEAVING SAID SOUTHEASTERLY LINE SOUTH 50000'00" EAST 6.85 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY, THE RADIUS OF WHICH BEARS SOUTH 50021'30" EAST 1982.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE 68.53 FEET THROUGH A CENTRAL ANGLE OF 01°58'52"; THENCE SOUTH 37039'38'' WEST 41.90 FEET; THENCE SOUth 25001'50'' EAST 17.05 FEET;. THENCE NORTH 89"58'39" EAST 110.95 FEET; THENCE SOUTH 00°01'21'' EAST 20.00 FEET TO THE POINT OF BEGINNING. CONTAINING 3,454 SQUARE FEET: 0.08 ACRES, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B'; A]-FACHED HERETO AND BY REFERENCE MADE A PART THEREOF. EUGEN~HAFFER, L.S. 4~'~J/z///- LICENSE EXPIRES DAtE N:\3291\0008~u~ey\ROW\PARCEL207_6.doc 50' id 50' 0 20 4.0 80 GRAPHIC SCALE: 1"=40' 1 AREA SQ. FEET ACRES I SO. METERS I 3,454 0,08 ASL Consulting Engineers 16241 LACUNA CYN. RD. SUITE 20O IRVINE, CA 92618 ~949) 727-7099 FAX:(949) 727-7097 EXHIBIT "B" SHEET 1 OF1 PARCEL 2'07-6 9~--~6~6~9 ~ -~' V ~ L5 P.O.B. 20' · o'~ R¢£L 207-~ LINE TABLE LINE BEARING LENGTH L ~ N25'0 ~ '50 "W 40. 92' L2 $50'00'00 "E 6.85' L3 S37'39 '38"W 4 7.90' L4 S25'01 '50 "E 17. 05' L5 SO0'O 1 '21 "E 20. 00' o o CURVE TABLE d PREPARED UNDER THE DIRECTION OF I~ EUGENFE'~. SHAFFER, L. S7 ~"J DATE LICENSE EXPIRES "~'"'"'~,,:::2' J~ Office of the City Manager March 17, 2003 Saul Stevens, Trustee cio Shirley Griset 2620 Second Avenue, #11-A San Diego, CA 92103-6546 City of Tustin 300 Centennial Way Tustin, CA 92780 714.573.3010 FAX 714.838.1602 Re: Notice of Hearing Regarding Adoption of a Resolution of Necessity to Acquire Property by Eminent Domain [California Code of Civil Procedure 1245.235] Irvine Boulevard/Newport Avenue Intersection Enhancement Project (CIP 7118) Property: 13052 Newport Avenue 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 April 7, 2003 that, if adopted, will authorize the City of Tustin ("City") to acquire the property described herein by eminent domain for the Irvine Boulevard/Newport Avenue Intersection Enhancement Project (ClP 7118). 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, April 7, 2003 at 7:00 p.m. or as soon thereafter as the matter may be heard, at 300 Centennial Way, Council Chambers, 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; Stevens Trustee Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by Eminent Domain March 17, 2003 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 statutory 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). Stevens TrUstee Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by Eminent Domain March 17, 2003 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. Stevens Trustee Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by Eminent Domain March 17, 2003 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 March 17, 2003. William A. Huston, City Manager 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:/CIP Projects - Active\7118 - Irvine-NewportJAcquisition/Stevens Eminent 2 Domain.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 03-20 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 RE. AL PROPERTY INTERESTS IN THE CITY OF TUSTIN, STATE OF CALIFORNIA, AND TO OBTAIN IMMEDIATE POSSESSION THEREOF FOR THE IRVlNE BOULEVARD/NEWPORT AVENUE INTERSECTION ENHANCEMENT PROJECT (CIP 7118) 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 Irvine Boulevard/Newport Avenue Intersection Enhancements ("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 located at 13052 Newport Avenue (APN 500- 101-03); 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 northeast corner of the intersection of Irvine Boulevard and Newport Avenue; and WHEREAS, the plans for the Project are on file with the Director of Public Works of City; and 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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, a summary of the basis for the amount established as just compensation and an appraised summary statement 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 December 9, 2002, the Planning Commission of City, pursuant to the provisions of the Government Code, Section 65402, found that the proposed location, purpose, and extent of the project is consistent with the City's General Plan; and WHEREAS, on November 10, 1999 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 March 17, 2003 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- 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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 April 7, 2003 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 April 7, 2003 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. bo 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; -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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 7th day of April 2003 ATTEST: Tracy Wills Worley Mayor PAMELA STOKER CITY CLERK 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 -41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Ao Exhibit "A" Appendix A CONTENTS Legal Description Parcel 207-6 Temporary Construction Easement -5- EXH'rBI'T "A' PARCEL 207-6 TEMPORARY CONSTRuCT]:oN EASEMENT THAT PORTION OF THE NORTHEASTERLY ONE-HALF OF LOT ! IN BLOCK 12 OF IRVINE'S SUBDIVISION, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK i AT PAGE 88 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGTNNING (P.O.B.) AT THE MOST EASTERLY CORNER OF THE PARCEL DESCRIBED IN THE OFFER OF DEDICATION RECORDED MAY 29, 1992 AS INSTRUMENT NO. 92- 363619 IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE ALONG THE NORTHERLY, NORTHEAS'fl~RLY AND SOUTHEASTERLY LINES OF :SAID INSTRUMENT SOUTH 89058'39'' WEST 112.65 FEET; THENCE NORTH 25001'50'' WEST 40.92 FEET; THENCE NORTH 39°57'41'' EAST 116.71 FEET; THENCE LEAVING SAID SOUTHEASTERLY LINE SOUTH 50°00'00" EAST 6.85 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY, THE RADIUS OF WHICH BEARS SOLJTH 50021'30'' EAST 1982.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE 68.53 FEET THROUGH A CENTRAL ANGLE OF 01'58'52"; THENCE SOUTH 37*39'38" WEST 41.90 FEET; THENCE SOUTH 25'01'50" EAST 17.05 FEET;. THENCE NORTH 89°58'39" EAST 110.95 FEET;' THENCE SOUTH 00'01'21" EAST 20.00 FEEl' TO THE POTNT OF BEG:ZNN]:NG. CONTAINING 3,454 SQUARE FEET = 0.08 ACRES, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B"~ ATTACHED HERETO AND BY REFERENCE MADE A PART THEREOF. GENF~:~HAFFER, L.S. 4¢4'~/,///- LICENSE EXPIRES DATE N:\3291\0008~urvey\ROW\PARCEL207.6.doc I,I 50' 0 20 4.0 80 GRAPHIC SCALE: 1"=40' AREA SQ. FEET ACRES i SQ. METERS I 3,454 0.08 ASL Consulting Engineers 16241 LAGUNA CYN. RD. SUITE 200 IRVtNE, CA 92618 ~949) 727-7099 FAX:(949) 727-7097 EXHIBIT "B" PARCEL 2'07-0 10 _~ 2O' "' 7. '7'"' RCEL 207-6 · _1 L5 P.O.B. LINE TABLE LINE BEARING LENGTH L 1 N25'01 '50 "W 40.92' L2 $50'00 '00 "E 6.85' L~ S57',.~9 '.~8 "W 41.90' L4 S25"01 '50 "E 17. 05' L5 $00'01 '21 "E 20. 00' I CURVE I c7 CURVE TABLE DELTA I RADIUS I LENGTH 01'58'52" 7982.00' 68.5~' PREPARED UNDER THE DIRECTION OF. EUGEN~'/A. SHAFFER, L.S. LICENSE EXPIRES~-.,~2 ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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 March 17, 2003, 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: (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] 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. E] (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 March 17, 2003 at Tustin, California. Ka~erine Barr Office Support Specialist Resolution of Necessity Appendix A to the Resolution of Necessity Notice of Intent to Adopt For Saul Stevens 13022 - 13024 Newport Ave APN 500-101-01 Resolution No. 03-21 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 03-21 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 IRVINE BOULEVARD/NEWPORT AVENUE INTERSECTION ENHANCEMENT PROJECT (CIP 7118) 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 Irvine Boulevard/Newport Avenue Intersection Enhancements ("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 located at 13022-13024 Newport Avenue (APN 500-101-01); 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 east side of Newport Avenue between Irvine Boulevard and Old Irvine Boulevard; WHEREAS, the plans for the Project are on file with the Director of Public Works of City; and 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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, a summary of the basis for the amount established as just compensation and an appraised summary statement 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 December 9, 2002, the Planning Commission of City, pursuant to the provisions of the Government Code, Section 65402, found that the proposed location, purpose, and extent of the project is consistent with the City's General Plan; and WHEREAS, on November 1, 1999 the City Council approved a Mitigated Negative Declaration for the Project pursuant to Public Resources Code Section 21000, et seq., the California Environmental Quality Act ("CEQA"), and on November 10, 1999 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 March 17, 2003 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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 April 7, 2003 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 April 7, 2003 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. bo 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; 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; -3- 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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 7th day of April 2003 ATTEST: Tracy Wills Worley Mayor PAMELA STOKER CITY CLERK 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 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Ao B, C, Exhibit "A" Exhibit "A" Exhibit "A" Appendix A CONTENTS Legal Description Parcel 107-4 Legal Description Parcel 107-5 Legal Description Parcel 207-4 Temporary Construction Easement -5- EXH:[BTr "A' PARCEL 107-4 THAT POR'i~ON OF THE NORTHEASTERLY ONE-HALF OF LOT 1 IN BLOCK 12 OF IRWNE'S SUBDiViSION, IN THE CITY OF TUST~N, COUNTY OF ORANGE, STATE OF CA! TFORN~, AS SHOWN ON MAP RECORDED IN BOOK ! AT PAGE 88 OF MISCELLANEOUS MAPS IN THE OFF~CE OF THE RECORDER OF SAID couNTY, DESCRIBED AS FOLLOWS: .COMMENCING (P.O.C.) AT THE MOST NORTHERLY CORNER OF S/LTD LOT 1, S/LTD POINT ALSO BEING' THE MOST NORTHERLY CORNER OF PARCEL A AS DESCP~BED IN AN EASEMENT DEED RECORDED MARCH 18, 1958 IN BOOK 4231 AT PAGES 229-231 IN THE OFFICE OF THE RECORDER OF S/LTD COUNTY; THENCE ALONG THE NORTHWESTERLY LTNE OF S~D PARCEL A SOUTH 39°57'41" WEST 75.00 FEET; THENCE LEAVING S/LTD NORTHWESTERLY LTNE SOUTH 50°02'19'' EAST 50.00 FEET TO A POINT ON THE SOUTHEASTERLY LTNE OF SAID PARCEL A, SA~D POINT ALSO BEING THE TRUE POINT OF BEGINNING (T.P.O.B.); THENCE NORTH 84°58'33'' EAST 11.11 FEET; THENCE SOUTH 41°35'31" WEST 67.92 FEET TO THE SOUTHWESTERLY LTNE OF THAT CERTAIN PARCEL OF LAND DESC~BED IN A LEASE RECORDED OCTOBER 12, 1958 IN BOOK 4454, PAGE 381 OF OFF~C~L RECORDS OF S/LTD COUNTY; THENCE ALONG S~D LTNE NORTH 50°00'00'' WEST 5.93 FEET TO THE SOLJTHEASTERLY LTNE OF S/LTD PARCEL A; THENCE ALONG SA~D SOUTHEASTERLY LTNE NORTH 39°57'41" EAST 60.03 FEET TO THE TRUE POINT OF BEGINNZNG. CONTAINZNG 437 SQUARE FEET = 0.0! ACRES, MORE OR LESS.. ALL AS MORE PARTICULARLY SHOWN ON EXHIB~i' "B', A'f'I'ACHED HERETO AND BY REFERENCE MADE A PART THEREOF. EUGENe. SHAFFER L.S. 46~,/)~ ~ LTCENSE EXPIRES SEPTEMB~I~ 30~," 2002 DATE EXHIBIT "B" SHEET 1 OF 1 PARCEL 107-4 ~- -3.-, "". ~, <~.> >' . % PARCEL 107-4 0 LINE TABLE LINE BEARING LENGTH L 1 N84'58 '33"E 1 1.1 1' L2 NSO'O0 '00 "W 5.9,7' 0 2O 4O 8O GRAPHIC SCALE: 1"=40' AREA SC). FEEl' ACRES SO. METERS 437 0.01 ASL Consulting Engineers 16241 LAGUNA CYN. RD. SUITE 200 IRVlNE, CA 92618 ,,(949), 727-'7099 FAX:(949) 727-7097 PREPARED UNDER THE DRECTION OF .,, LICENSE EXPIRES 09/30/20/(~ "'"- EXHTB1T "A' PARCEL 107-5 THAT PORTION OF THE NORTHEASTERLY ONE-HALF Of LOT 1 IN BLOCK 12 OF IRVINE'S SUBDIVISION, IN THE CITY OF TUSI'iN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK i AT PAGE 88 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING (P.O.C.) AT THE MOST NORTHERLY CORNER OF SAID LOT 1, SAID POINT ALSO BEING THE MOST NORTHERLY CORNER OF PARCEL A AS DESCRIBED IN AN EASEMENT DEED RECORDED MARCH 18, 1958 IN BOOK 4231 AT PAGES 229-231 IN THE OFFICE OF THE RECORDER OF SAID COUNTY;' THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL A SOUTH 39°57'41'' WEST 35.05 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE SOUTH 50°02'19'' EAST 69.98 FEET TO THE TRUE POINT OF BEGINNING (T.P.O.B.) SAID POINT BEING ON A LINE PARALLEL WITH AND 35.00 FEET SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF SAID LOT 1; THENCE ALONG SAID PARALLEL LINE, SOUTH 50000'00'' EAST 15.55 FEET; THENCE SOUTH 85047'45'' WEST 21.69 FEET; THENCE NORTH 40000'00'' EAST 15.12 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 118 SQUARE FEET = O. 00 ACRES, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B", ATTACHED HERETO AND BY REFERENCE MADE A PART THEREOF. ~UGENE~FFER, L.S. 4644~ ~ ~/ LICENSE EXPIRES SEPTEMBER 3~, 2002 DATE EXHIBIT "B" S~EET '~ 0~''~ PARCEL 107-5 LINE TABLE LINE BEARING LENGTH L 1 S50'00 '00 "E 15.55' L2 S85'4 7'45 "W 21.69' L$ N40'OO 'OO "E 15. 12' 0 20 40 80 GRAPHIC SCALE: 1"=40' ACRESo.o0 ISQ. METERS AREA SC). FEET 118 ASL Consulting Engineers 16241 LAGUNA CYN. RD. SUITE 200 IRVINE, CA 92618 k,(g49) 727-7099 FAX:(949) 727-7097 PARCEL 107-5 LICENSE EXPIRES 09/50/2002 EXHTBTI' ~A" PARCEL 207-4 TEMPORARY CONSTRU'CT'rON EASEMENT THAT POR'i'~ON OF THE NORTHEASTERLY ONE-HALF OF LOT 1 IN BLOCK 12 OF IRVINE'S SUBDIVISION, IN THE c['rY OF TUb-I-~N, COUNTY OF ORANGE, STATE OF CAI TFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 1 AT PAGE 88 OF MISCELLANEOUS MAPS IN THE OFF[CE OF THE RECORDER OF Said COUNTY, DESCRIBED AS FOLLOWS: COMMENCZNG (P.O.C.) AT THE MOST NORTHERLY CORNER OF Said LOT 1, S/Ltd POINT ALSO BEING THE MOST NORTHERLY CORNER OF PARCEL A AS DESCRIBED IN AN EASEMENT DEED RECORDED MARCH 18, 1958 IN BOOK 4231 AT PAGES 229-231 IN THE OF~CE OF THE RECORDER OF Said COUNTY; THENCE ALONG THE NORTHWESTERLY ITNE OF Said PARCEL A SOUTH 39°57'41" WEST 55.05 FEET; THENCE LEAVING SA[D NORTHWESTERLY ITNE SOUTH 50o02'19'' EAST 69.96 FEET TO THE TRUE POtNT OF BEGZNNZNG (T.P.O.B.); THENCE NORTH 40000'00" EAST 4.88 FEET; THENCE NORTH 85°47'45" EAST 21.69 FEET TO THE SOUTHWESTERLY ITNE OF OLD IRV[NE BOULEVARD HAV[NG A HALF VV[DTH OF 35.00 FEET; THENCE ALONG Said ITNE SOUTH 50000'00'' EAST 14.34 FEET; THENCE LEAV[NG Said ITNE SOUTH 85047'45'' WEST 44.58 FEET; THENCE SOUTH 41°35'31" WEST 68.95 FEET TO THE SOUTHWESTERLY LiNE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN A LEASE RECORDED OCTOBER 12, 1958 IN BOOK 4454, PAGE 381 OF OFf,AL RECORDS OF Said COUNTY; THENCE ALONG SAid ITNE NORTH 50000'00'' WEST 10.00 FEET; THENCE LEAVING SAid ITNE NORTH 41°35'31'' EAST 67.92 FEET; THENCE NORTH 84058'33'' EAST 17.11 FEET TO THE TRUE POTNT OF BEGZNNZNG. CONT/L[NZNG 1,065 SQUARE FEET = 0.02 ACRES, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIB~' "B", ATFACHED HERETO AND BY REFERENCE-MADE A PART THEREOF. EUGENLZ~. SHAFFER L~,.,~//-/ T I_I:CENSE EXP]:RES SEP~ER(--~O, 2002 DATE LINE TABLE LINE BEARING LENGTH L 1 N40'O0 '00 "E 4. Sg' , , L2 N85'4 7'45 "E 21.69' LZ, $50'00 '00 "E 14. ,.,,z4 ' L4 $85'4 7,'45 "W 44.58' L5 NSO'OO'OO"W 10. 00' L6 N84'58 '3,.,Z"E 17. 11' 0 2O 4O 8O GRAPHIC SCALE: .1"=40' AREA SQ. FEET ACRES 1,065 0.02 SQ. METERS ASL Consulting Engineers 16241 LAGUNA CYN, RD, SUITE 200 IRVINE, CA 92618 k,(949) 727-7099 FAX:(949) 727-7097 EXHIBIT "B" SHEET 1 OF 1 PARCEL 207-4 PARCEL 207-4 T.P.O.B. 1 PREPARED UNDER THE DIRECT~./N.,~.~ LICENSE EXPIRES 09/30/2~:~2/ Office of the City Manager March 17, 2003 Saul Stevens, Trustee c/o Shirley A. Griset 2620 Second Avenue, #11-A San Diego, CA 92103-6546 City of Tustin 300 Centennial Way Tustin, CA 92780 714.573.3010 FAX 714.838.1602 Re: Notice of Hearing Regarding Adoption of a Resolution of Necessity to Acquire Property by Eminent Domain [California Code of Civil Procedure 1245.235] Irvine Boulevard/Newport Avenue Intersection Enhancement project (CIP 7118) Property: 13022 - 13024 Newport Avenue 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 April 7, 2003 that, if adopted, will authorize the City of Tustin ("City") to acquire the property described herein by eminent domain for the lrvine Boulevard/Newport Avenue Intersection Enhancement Project (CIP 7118). 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, April 7, 2003 at 7:00 p.m. or as soon thereafter as the matter may be heard, at 300 Centennial Way, Council Chambers, 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; Stevens Trustee Notice of Hearing Regarding Adoption of Resolution of NeCessity to Acquire Property by Eminent Domain March 17, 2003 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 statutory 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). Stevens Trustee Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by Eminent Domain March 17, 2003 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. Stevens Trustee Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by Eminent Domain March 17, 2003 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 March 17, 2003. William A. Huston, City Manager 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\7118 - Irvine-Newport/Acquisition/Stevens Eminent Domain.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 03-21 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 IRVINE BOULEVARD/NEWPORT AVENUE INTERSECTION ENHANCEMENT PROJECT (CIP 7118) 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 Irvine Boulevard/Newport Avenue Intersection Enhancements ("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 located at 13022-13024 Newport Avenue (APN 500-101-01); 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 east side of Newport Avenue between Irvine Boulevard and Old Irvine Boulevard; WHEREAS, the plans for the Project are on file with the Director of Public Works of City; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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, a summary of the basis for the amount established as just compensation and an appraised summary statement 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 December 9, 2002, the Planning Commission of City, pursuant to the provisions of the Government Code, Section 65402, found that the proposed location, purpose, and extent of the project is consistent with the City's General Plan; and WHEREAS, on November 10, 1999 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 March 17, 2003 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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 April 7, 2003 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 April 7, 2003 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. bo 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' ao 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; -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 '16 17 18 19 20 21 22 23 24 25 26 27 28 Co 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; 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 7th day of April 2003 ATTEST: Tracy Wills Worley Mayor PAMELA STOKER CITY CLERK 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 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 A, Bo C. Exhibit "A" Exhibit "A" Exhibit "A" Appendix A CONTENTS Legal Description Parcel 107-4 Legal Description Parcel 107-5 Legal Description Parcel 207-4 Temporary Construction Easement -5- EXHZBTi' "A' ' PARCEL 107-4 THAT PORTION OF THE NORTHEASTERLY ONE-HALF OF LOT 1 IN BLOCK 12 OF IRVINE'S SUBDMSION, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 1 AT PAGE 88 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE RECORDER OF SAID couNTY, DESCRIBED AS FOLLOWS: · .COMI~IENCING (P.O.C.) AT THE MOST NORTHERLY CORNER OF SAID LOT 1, SAID POINT ALSO BEING' THE MOST NORTHERLY CORNER OF PARCEL A AS DESCRIBED IN AN EASEMENT DEED RECORDED MARCH 18, 1958 IN BOOK 4231 AT' PAGES 229-231 IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE ALONG .THE NORTHWESTERLY ITNE OF SAID PARCEL A SOUTH 39°57'41" WEST 75.00 FEET; THENCE LEAVTNG SAID NORTHWESTERLY LINE SOUTH 50°02'19" EAST 50.00 FEET TO A POINT ON 'THE SOUTHEASTERLY ITNE OF SAID PARCEL A, SAID POINT ALSO BEING THE TRUE POI'NT OF BEGTNNI'NG (T.P.O.B.); THENCE NORTH 84°58'33' EAST 11.11 FEET; THENCE SOUTH 41°35'31" WEST 67.92 FEET TO THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN A LEASE RECORDED OCTOBER 12, 1958 IN BOOK 4'~54, PAGE 381 OF OFF-iCe, AL RECORDS OF SAID COUNTY; THENCE ALONG SAID ITNE NORTH 50000'00'' WEST 5.93 FEET TO THE SOUTHEASTERLY L/NE OF SAID PARCEL A; THENCE ALONG SAID SOUTHEASTERLY ITNE NORTH 39°57'q-1" EAST 60.03 FEET TO THE TRUE POINT OF BEGTNNZNG. CONTAZNTNG 437 SQUARE FEET = 0.01 ACRES, MORE OR LESS.. ALL AS MORE PARTICULARLY SHOWN ON EXHIB1-F "B", A1-FACHED HERETO AND BY REFERENCE MADE A PART THEREOF. :.s. LICENSE EXPIRES SEPTEMBd~ 3C~" 2002 DATE EXHIBIT "B" SHEET 1 OF 1 PARCEL 107-4 LINE TABLE LINE BEARING LENGTH L 1 N84'5B',..,z3"E 11.11' L2 NSO'O0 '00 "W 5. £3' 0 2O 40 80 GRAPHIC SCALE: 1"=40' AREA SQ. FEE7 ACRES SO. METERS 437 0.01 ASL Consulting Engineers 16241 LAGUNA CYN. RD. SUITE 200 IRVlNE, CA 92618 (949) 727-7099 FAX:(g4g) 727-7097 LICENSE EXPIRES 09/30/20,~ '"'- EXHTBI'r "A' PARCEL 107-5 THAT PORTION OF THE NORTHEASTERLY ONE-HALF OF LOT 1 IN BLOCK" 12 OF IRVINE'S SUBDIVISION, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK i AT PAGE 88 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING (P.O.C.) AT THE MOST NORTHERLY CORNER OF SAID LOT 1, SAID POINT ALSO BEING THE MOST NORTHERLY CORNER OF PARCEL A AS DESCRIBED IN AN EASEMENT DEED RECORDED MARCH 18, 1958 IN BOOK 4231 AT PAGES 229-231 IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL A SOUTH 39°57'41" WEST 35.05 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE SOUTH 50°02'19'' EAST 69.98 FEET TO THE TRUE POTNT OF BEGTNNING .(T.P.O.B.) SAID POINT BEING ON A LINE PARALLEL WITH AND 35.00 FEET SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF SAID LOT 1; THENCE ALONG SAID PARALLEL LINE, SOUTH 50°00'00'' EAST 15.55 FEET; THENCE SOUTH 85°47'45'' WEST 21.69 FEET; THENCE NORTH 40000'00'' EAST 15.12 FEET TO THE TRUE POINT OF BEGINNING. CONTA/NING 118 SQUARE FEET = 0'.00 ACRES, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B', ATTACHED HERETO AND BY REFERENCE MADE A PART THEREOF. DATE LINE TABLE LINE BEARING LENGTH L 1 S50'00 '00 "E 15.55' L2 585'47'45 "W 21.69' L,.,z N40'OO 'OO "E 15. 12' 0 20 40 80 GRAPHIC SCALE: 1"=40' AREA SQ. FEET ACRES SQ. METERS 118 0.00 ASL Consulting Engineers 16241 LAGUNA CYN. RD. SUITE 200 IRVlNE, CA 92618 (949) 727-7099 FAX:(949) 727-7097 e.i_ %- © EXHIBIT "B" PARCEL 107-5 PARCEL SHEET 1 OF 1 107-5 r- O.B./ PREPARED UNDER THE DIRECTION OF EUGEN[ SHAFFER L.S. LICENSE EXPIRES 09/50/2002 EXHIBIT "A" PARCEL 207-4 TEMPORARY CONSTRUCTION EASEMENT THAT PORTION OF THE NORTHEASTERLY ONE-HALF OF LOT ! IN BLOCK 12 OF IRVINE'S SUBDIVISION, IN THE CITY OF TUSTIN~ COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 1 AT PAGE 88 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING (P.O.C.) AT THE MOST NORTHERLY CORNER OF SAID LOT 1~ SAID POINT ALSO BEING THE MOST NORTHERLY CORNER OF PARCEL A AS DESCRIBED IN AN EASEMENT DEED RECORDED MARCH 18~ 1958 IN BOOK 4231 AT PAGES 229-231 IN THE OFFICE OF THE RECORDER OF SAID COUNI~; THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL A SOUTH 39°57'41" WEST 55.05 FEE-F; THENCE LEAVING SAID NORTHWES-FERLY LINE SOUTH 50°02'19'' EAST 69.96 FEET TO THE TRUE POINT OF BEGINNING (T.P.O.B.); THENCE NORTH 40000'00'' EAST 4.88 FEET; THENCE NORTH 85°47'45" EAST 21.69 FEET TO THE SOUTHWESTERLY LINE OF OLD IRVINE BOULEVARD HAVING A HALF WIDTH OF 35.00 FEET; THENCE ALONG SAID LINE SOUTH 50000'00'' EAST 14.34 FEET; THENCE LEAVING SAID LINE SOUTH 85047'45'' WEST 44.58 FEET; THENCE SOUTH 4:I°35'3:1.' WEST 68.95 FEET TO THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN A LEASE RECORDED OCTOBER [2~ [958 IN BOOK 4454~ PAGE 381 OF OFFICIAL RECORDS OF SAID COUNT~;.THENCE ALONG SAID LINE NORTH 50'00'00" WEST 10.00 FEET; THENCE LEAVING SAID LINE NORTH 4[°35'31' EAST 67.92 FEET; THENCE NORTH 84058'33'' EAST 17.11 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1~065 SQUARE FEET = 0.02 ACRES~ MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B', ATTACHED HERE-TO AND BY REFERENCE-MADE A PART THEREOF. EUGENL~A~. SHAFFER L~~,// LICENSE EXPIRES SEP~E~J'0, 2002 DA"~ LINE TABLE LINE BEA RING L ENG TH L 1 N40'O0 '00 "E 4.88' L2 N85'4 ?'45 "E 21.69' L 5 S50"00 '00 "E 14.54' L 4 S85'4 ?.'45 "W 44.58' L5 N50'OO'OO "W 10.00' L8 N84'58 '35 "E 17. 11' 0 2O 40 80 GRAPHIC SCALE: .1"=40' AREA SQ. FEET ACRES 1,065 0.02 SQ. ~tETERS ASL Consulting Engineers 16241 LAGUNA CYN. RD. SUITE 200 tRVlNE,CA 92618 ~,(949) 727--7099 FAX:(949) 727-7097 EXHIBIT "B" SHEET 1 OF 1 PARCEL 207-4 ' '~ ~-~ '%0;.%. ~ ~ P'°'c'-7 · ~'~-.'"0, PARCEL 207-~ T.P.O.B. o~ ~ / ~~/ ' LICENSE EXPIRES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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 March 17, 2003, 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: rn (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. E3 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. E] (FEDERAL) I declare that l 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 March 17, 2003 at Tustin, California. Kaffierine Barr Office Support Specialist Resolution of Necessity Appendix A to the Resolution of Necessity Notice of Intent to Adopt For Saul Stevens 13032 Newport Ave APN 500-101-02 Resolution No. 03-22 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 03-22 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 IRVINE BOULEVARD/NEWPORT AVENUE INTERSECTION ENHANCEMENT PROJECT (CIP 7118) 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 Irvine Boulevard/Newport Avenue Intersection Enhancements ("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 located at 13032 Newport Avenue (APN 500- 101-02); 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 east side of Newport Avenue between Irvine Boulevard and Old Irvine Boulevard; WHEREAS, the plans for the Project are on file with the Director of Public Works of City; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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, a summary of the basis for the amount established as just compensation and an appraised summary statement 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 December 9, 2002, the Planning Commission of City, pursuant to the provisions of the Government Code, Section 65402, found that the proposed location, purpose, and extent of the project is consistent with the City's General Plan; and WHEREAS, on November 1, 1999 the City Council approved a Mitigated Negative Declaration for the Project pursuant to Public Resources Code Section 21000, et seq., the California Environmental Quality Act ("CEQA"), and on November 10, 1999 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 March 17, 2003 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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 April 7, 2003 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 April 7, 2003 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; 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; -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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 7th day of April 2003 ATTEST: Tracy Wills Worley Mayor PAMELA STOKER CITY CLERK 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 -4- 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Ao Bo Exhibit "A" Exhibit "A" Appendix A CONTENTS Legal Description Parcel 107-3 Legal Description Parcel 207-3 Temporary Construction Easement -5- EXH?BI'T "A" PARCEL 107-3 THAT PORTION OF THE NORTHEASTERLY ONE-HALF OF LOT 1 IN BLOCK 12 OF IRVINE'S SUBDIVISION, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED. IN BOOK 1 AT PAGE 88 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING. (P.O.B.) AT THE MOST NORTHERLY CORNER OF THE PARCEL DESCRIBED IN THE OFFER OF DEDICATION RECORDED MAY 29, 1992 AS INSTRUMENT NO. 92-363619 IN THE OFFICE OF THE RECORDER OF SAID COUNTY SAID POINT BEING ON THE SOUTHEASTERLY RIGHT OF WAY OF NEWPORT AVENUE; THENCE ALONG SAID RIGHT OF WAY, NORTH 39°57'41" EAST 78.44 FEET TO THE NORTHEASTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN A LEASE RECORDED NOVEMBER 16, 1961 IN BOOK 5915, PAGE 364 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID L/NE SOUTH '50°00'00" EAST 5.93 FEET; THENCE LEAVING SAID LINE SOUTH 41°35'31" WEST 10.71 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 1992.00 FEET; THENCE SOUTHWEg]'ERLY ALONG SAID'CURVE' 67.75 FEE]' THROUGH A CENTRAL ANGLE OF 01056'55" TO A POINT ON THE NORTHEASTERLY LINE OF SAID INSTRUMENT NO. 92-363619; THENCE ALONG SAID NORTHEASTERLY LINE NORTH 50000'00" WEST 4.85 FEET TO THE POINT OF BEGINNING. COITTAZNZNG 403 SQUARE FEET = 0.01 ACRES, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B", ATTACHED HERETO AND BY REFERENCE MADE A PART THEREOF. .. DATE LICENSE EXPIRES SEPTEMB~0,~002 EXHIBIT ':B" PARCEL 107-3 LINE TABLE LINE BEARING LENGTH L 1 S50'O0'O0"E 5.9.3' L2 S41'35'$1 ?'W 10. 71' Lq NSO'OO?OO"W 4.8,5' SHEET 1 OF 1 Lq P.O.B. _ ' <,%. "*'e.~,o~%. ~ ,/ ~ ~ PARCEL 107-3 ~ ~ / ~ ' ~ ~,. ~v~ OELT~ I RADIUS LENGTH / / . 01'56'55" ~19~2.00' 67. Z5' / ~ CURVEt C1 0 2O 40 8O GRAPHIC SCALE: 1"=40' AREA SQ. FEET I ACRES SQ. METERS 403I 0.01 ASL Consulting Engineers 1624.1 LAGUNA CYN. RD. SUITE 200 IRVINE, CA 92618 (949) 727-7099 FAX:(949) 727-7097 EXHIBIT ~'A" PARCEL 207-3 TEMPORARY CONSTRUCTION EASEMENT THAT PORT~ON OF THE NORTHEASTERLY ONE-HALF OF LOT 1 IN BLOCK 12 OF IRV~NE'S SUBDIVISION, IN THE C:[T~ OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 1 AT PAGE 88 OF MISCELLANEOUS MAPS .IN THE OFFICE OF THE RECORDER OF SAID COUNTY, DESCRIBED. AS FOLLOWS: COMMENCING .(P.O.C.) AT THE MOST NORTHERLY CORNER OF THE PARCEL DESCRIBED IN THE OFFER OF DEDICATION RECORDED 'MAY 29, 1992 AS INSTRUMENT NO. 92-363619 IN THE OFF~CE OF THE RECORDER OF SAID COUNTY; THENCE ALONG THE NORTHEASTERLY L~NE OF SAID INSTRUMENT SOUTH 50000'00'' EAST 4.85 FEET TO THE TRUE POINT OF BEGINNING (T.P.O.B.), SAID POINT ALSO B[]NG THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY, THE RADIUS OF WHICH BEARS SOUTH 50°21~4'' EAST 1992.00 FEET; THENCE LEAWNG SAID NORTHEASTERLY LINE NORTHEASTERLY ALONG SAID CURVE 67.75 FE~I' THROUGH A CENTRAL ANGLE OF 01°56'55"; THENCE NORTH 41°35'31'' EAST .10.71. FEET TO THE NORTHEASTERLY ITNE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN A LEASE RECORDED NOVEMBER 16, 1961 IN BOOK 5915, PAGE 364 OF OFFICIAL RECORDS OF SAID COUNTY;. THENCE ALONG SAID LINE SOUTH 50000'00'' EAST 10.00 FEET; THENCE LEAVING SAID LINE SOUTH 41°35'3~'' WEST 10.99 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 1982.00 FEET; THENCE SOUTHWESTERLY 'ALONG SAID. CURVE 67.46 FEET THROUGH A CENTRAL ANGLE OF 01°57'01'' TO THE SOUTHWESTERLY LINE OF SAID CERTAIN PARCEL OF LAND; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 50000'00'' WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 785 SQUARE FEET = 0.02 ACRES, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B", A'FFACHED HERETO AND BY REFERENCE MADE A PART THEREOF. EUGEN~----Ar).SHAFFER L.S. ~44'/~// - DATE UCENSE EXPIRES SEPTEMBER~,~2 'T.P.O.B. L1 PARCEL 207-3 / LINE TABLE LINE BEARING LENGTH L 1 S50'00 °O0"E 4.85' L2 N41 "35'.51 "E 10. 71' L3 £50"00 '00 "E 10. 00' L4 S41'35'31 "IV 10.99' L5 NSO'O0 '00 "W '10. 00' CURVE TABLE CURVE DELTA RADIUS LENGTH C 1 01 '56'55" 1992.00' 67. 75' .... C2 01 "57'01" 1982.00' 67. 46' 0 20 40 8O GRAPHIC SCALE: 1"=4-0' EXHIBIT "B" PARCEL 207-3 AREA SQ.785FEET ACRESo.02 SQ. METERS ASL Consulting Engineers 16241 LAGUNA CYN. RD. SUITE 200 IRV~NE. CA 92618 k~(94g) 727-7099 FAX:(949) 727-7097 S50'21 '24 "E(R2 SHEET 1 OF 1 LICENSE EXPIRES 09/3j~/,~2 Office of the City Manager March 17, 2003 Saul Stevens, Trustee c/o Shirley Griset 2620 Second Avenue, #11-A San Diego, CA 92103-6546 City of TuStin 300 Centennial Way Tustin, CA 92780 714.573.3010 FAX 714.838.1602 Re: Notice of Hearing Regarding .Adoption of a ResolUtion of Necessity to Acquire Property by Eminent Domain [California Code of Civil Procedure 1245.235] Irvine Boulevard/Newport Avenue Intersection Enhancement Project (CIP 7118) Property: 13032 Newport Avenue 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 April 7, 2003 that, if adopted, will authorize the City of Tustin ("City") to acquire the property described herein by . eminent domain for the Irvine Boulevard/Newport Avenue Intersection Enhancement Project (ClP 7118). 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, April 7, 2003 at 7:00 p.m. or as soon thereafter as the matter may be heard, at 300 Centennial Way, Council Chambers, 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; Stevens Trustee Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by Eminent Domain March 17, 2003 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 statutory 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). Stevens Trustee Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by Eminent Domain March 17, 2003 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. Stevens Trustee Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by Eminent Domain March 17, 2003 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 March 17, 2003. William A. Huston, City Manager 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:/CIP Projects - Active\7118 - Irvine-Newport/Acquisition/Stevens Eminent 1 Domain.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 03-22 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 IRVINE BOULEVARD/NEWPORT AVENUE INTERSECTION ENHANCEMENT PROJECT (CIP 7118) 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 Irvine Boulevard/Newport Avenue Intersection Enhancements ("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 located at 13032 Newport Avenue (APN 500- 101-02); 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 east side of Newport Avenue between Irvine Boulevard and Old Irvine Boulevard; WHEREAS, the plans for the Project are on file with the Director of Public Works of City; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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, a summary of the basis for the amount established as just compensation and an appraised summary statement 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 December 9, 2002, the Planning Commission of City, pursuant to the provisions of the Government Code, Section 65402, found that the proposed location, purpose, and extent of the project is consistent with the City's General Plan; and WHEREAS, on November 10, 1999 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 March 17, 2003 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 ~ncorporated 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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 April 7, 2003staff 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 April 7, 2003 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. bo 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: ao 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; -3- 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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; 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 7th day of April 2003 ATTEST: Tracy Wills Worley Mayor PAMELA STOKER CITY CLERK 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 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 A. B. Exhibit "A" Exhibit "A" Appendix A CONTENTS Legal Description Parcel 107-3 Legal Description Parcel 207-3 Temporary Construction Easement -5- · EXHI'BI'T "A' PARCEL 107-3 THAT PORTION OF THE NORTHEASTERLY ONE-HALF OF LOT ! IN BLOCK 12 OF IRVINE'S SUBDIVISION, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED. IN BOOK I AT PAGE 88 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING (P'O.B.) AT THE MOST NORTHERLY CORNER OF THE PARCEL DESCRIBED IN THE OFFER OF DEDICATION RECORDED MAY 29, 1992 AS INSTRUMENT NO. 92-363619 IN THE OFFICE OF THE RECORDER OF SAID COUNTY SAID POINT BEING ON THE SOUTHEASTERLY RIGHT OF WAY OF NEWPORT AVENUE; THENCE ALONG SAID RIGHT OF WAY, NORTH 39°57'41" EAST 78.44 FEET TO THE NORTHEASTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN A LEASE RECORDED NOVEMBER 16, 1961 IN BOOK 5915, PAGE 364 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID LINE SOUTH '50°00'00" EAST 5.93 FEET; THENCE LEAVING SAID LINE SOUTH 41°35'31" WEST 10.71 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 1992.00 FEET; THENCE SOUTHWESTERLY ALONG SAID'CURVE 67.75 FEET THROUGH A CENTRAL ANGLE OF 01056'55" TO A POINT ON THE NORTHEASTERLY LINE OF SAID INSTRUMENT NO. 92-363619; THENCE ALONG SAID NORTHEASTERLY LINE NORTH 50°00'00' WEST 4.85 FEET TO THE POINT OF BEGINNING. · CONTAINING 403 SQUARE FEET = 0.01 ACRES, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B", ATTACHED HERETO AND BY REFERENCE MADE A PART THEREOF. E-0GENECk:~HAFFER L.S. 46'~~/~ DATE LICENSE EXPIRES SEPTEMBE 0, 02 L5 PARCEL 107-,.,z EXHIBIT ':B" PARCEL 107-3 SHEET 1 OF 1 LI LINE TABLE LINE BEARING LENGTH ..... L 1 S50'00 'O0"E 5. 9,.,z' L2 S41 '...x5 '.,z I f'ItF 10. 71 ' L ,.,z N50'O0 !00 'l,Y 4.85' CURVE TABLE 0 20 40 80 GRAPHIC SCALE: 1"=40' AREA SQ. FEET ACRES I SO. METERS t 403 0.01 ASL Consulting Engineers 16241 LAGUNA CYN. RD. SUITE 20O tRVlNE, CA 92618 ,,,_(94g) 727-7099 FAX:(949) 727--7097 PREPARED UNDER THE DIRECTION OF EXHIBIT "A" PARCEL 207-3 TEMPORARY CONSTRUCTION EASEMENT THAT PORTION OF THE NORTHEASTERLY ONE-HALF OF LOT 1 IN BLOCK 12 OF IRVINE'S SUBDIVISION, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK I AT PAGE 88 OF MISCELLANEOUS MAPS .IN THE OFFICE OF THE RECORDER OF SAID COUNTY, DESCRIBED. AS FOLLOWS: COMMENCING '(P.O.C.) AT THE MOST NORTHERLY CORNER OF THE. PARCEL DESCRIBED IN THE OFFER OF DEDICATION RECORDED MAY 29, 1992 AS INSTRUMENT NO. 92-363619 IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE ALONG THE NORTHEASTERLY LINE OF SAID INSTRUMENT SOUTH 50000'00'' EAST 4.85. FEET TO THE TRUE PO]:NT OF BEGINNING (T.P.O.B.), SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHEAETERLY, THE RADIUS OF WHICH BEARS SOUTH 50021'24'' EAST 1992.00 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE NORTHEASTERLY ALONG SAID CURVE 67.75 FEET THROUGH A CENTRAL ANGLE OF 01°56'55"; THENCE NORTH 41°35'31'' EAST .10.71. FEET TO THE NORTHEASTERLY LINE OF THAT CERTAIN PARCEL OF. LAND DESCRIBED IN A LEASE RECORDED NOVEMBER 16, 1961 IN BOOK 5915f PAGE 364 OF OFFICIAL RECORDS OF SAID COUNTY;. THENCE ALONG SAID LINE SOUTH 50000'00'' EAST 10.00 FEET; THENCE LEAVING SAID LINE SOUTH 41°35'31'' WEST 10.99 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 1982.00 FEET; THENCE SOUTHWESTERLY 'ALONG SAID. CURVE 67.46 FEET THROUGH A CENTRAL ANGLE OF 01°57'01'' TO THE SOUTHWESTERLY LINE OF SAID CERTAIN PARCEL OF LAND; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 50000'00'' WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 785 SQUARE FEET = 0.02 ACRES, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBiT "B", ATTACHED HERETO AND BY REFERENCE MADE A PART THEREOF. ~EUGEN~. SHAFFER L.S. LICENSE EXPIRES SEPTEMBER~,,~ DATE 'T.P.O. LI EXHIBIT "B" PARCEL 207-3 s50'27 '24 / PARCEL 207-J LINE TABLE LINE BEARING LENGTH L 1 SSO'O0'O0"E 4.85' L.2 N41 'JS ',.,z I "E 10. 71' L~ S50'00 '00 "E 10. 00' L4 S4 l'JS'Jl "14/ 10.99' L,.5 NSO'O0 'OD "W ' 10. 00' CURVE TABLE CURVE DEL TA RADIUS LENGTH C 1 01 '56'55" 1992.00' 67. 75' C2 01 '57'01" 1982.00' 67.46' 0 2O 4O 8O GRAPHIC SCALE: 1"=4-0' AREA SQ. FEET ACRES 785 0.02 SQ. METERS ASL Consulting Engineers 16241 LAGUNA CYN. RD. SUITE 20O IRVlNE, CA 92618 (949) 727-7099 FAX:(949) 727-7097 SHEET 1 OF 1 LICENSE EXPIRES 09/3~,,~2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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 March 17, 2003, 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: n (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. [3 (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 March 17, 2003 at Tustin, California. Katherine Barr Office Support Specialist Resolution of Necessity Appendix A to the Resolution of Necessity Notice of Intent to Adopt For Saul Stevens 1021 -1025 Irvine Blvd. APN 500-101-04 Resolution No. 03-23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 03-23 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 IRVINE BOULEVARD/NEWPORT AVENUE INTERSECTION ENHANCEMENT PROJECT (CIP 7118) 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 Irvine Boulevard/Newport Avenue Intersection Enhancements ("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 located at 1021-1025 Irvine Boulevard (APN 500-101-04); 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 Irvine Boulevard between Newport Avenue and Old Irvine Boulevard; WHEREAS, the plans for the Project are on file with the Director of Public Works of City; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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, a summary of the basis for the amount established as just compensation and an appraised summary statement 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 December 9, 2002, the Planning Commission of City, pursuant to the provisions of the Government Code, Section 65402, found that the proposed location, purpose, and extent of the project is consistent with the City's General Plan; and WHEREAS, on November 1, 1999 the City Council approved a Mitigated Negative Declaration for the Project pursuant to Public Resources Code Section 21000, et seq., the California Environmental Quality Act ("CEQA"), and on November 10, 1999 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 March 17, 2003 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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 April 7, 2003 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 April 7, 2003 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. bo 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; 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; -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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 7th day of April 2003 ATTEST: Tracy Wills Worley Mayor PAMELA STOKER CITY CLERK 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 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 A. B, Exhibit "A" Exhibit "A" Appendix A CONTENTS Legal Description Parcel 107-2 Legal Description Parcel 207-2 Temporary Construction Easement -5- EXHI'BTT "A' PARCEL '107-2 THAT PORTiON OF THE NORTHEASTERLY ONE-HALF OF LOT 1 IN BLOCK 12 OF IRVINE'S SUBDIVISION, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 1 AT PAGE 88 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE RECORDER OF SAID . COUNTY, DESCRIBED AS FOLLOWS: BEGZNNZNG.(P.O.B.) AT THE MOST .EASTERLY CORNER OF THE PARCEL DESCRIBED IN THE OFFER OF DEDICATION RECORDED MAY 29, 1992 .AS INSTRUMENT NO. 92- 363619 IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE NORTH 89058'39'' EAST 54.24 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 1260.00 FEET; THENCE EASTERLY ALONG SAID CURVE 82.51 FEET THROUGH a CENTRAL ANGLE OF 03o45'07'' TO THE NORTHWESTERLY LINE OF THE SOUTHEASTERLY 1032.80 FEET OF SAID NORTHEASTERLY ONE-HALF OF LOT 1; THENCE ALONG SAID LINE, SOUTH 39055'33'' WEST 12.42 .FEET TO THE NORTHERLY LINE OF PARCEL A AS DESCRIBED IN AN EASEMENT DEED RECORDED JULY 29, 1959 IN BOOK 4817 AT PAGES 522-524 IN THE OFFICE OF THE RECORDER OF' SAID COUNTY~ SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHERLY, THE RADIUS OF WHICH BEARS SOUTH 03023'36'' WEST 1250.00 FEET; THENCE WESTERLY ALONG SAID CURVE 74.52 FEET THROUGH A CENTRAL ANGLE OF 03024'57"; THENCE SOUTH 89058'39'' WEST 54.24 FEET TO THE SOUTHEASTERLY CORNER OF SAID INSTRUMENT NO. 92-363619; THENCE ALONG THE EASTERLY LINE OF SAID INSTRUMENT NORTH 00°01'21'' WEST 10.00 FEET TO THE POZNT OF BEGZNNZNG. CONTAZNING 1,328 SQUARE FEET = 0.03 ACRES, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "R" ATTACHED HERETO AND BY REFERENCE MADE A PART THEREOF. -~U GE N ~AF~ER, L.S['4644/ LICENSE EXPIRES SEPTEMBF_J~3(] DATE 20 40 0 80 GRAPHIC SCALE: 1"=40' I AREA' . SO. FEET ACRES I SO. METERS 1,328 0.03 ASL Consulting Engineers 16241 "LAGUNA CYN. RD. SUITE 200 IRVlNE, CA g2618 (949) 727-7099 FAX:(94g) 727-7097 EXHIBIT "B" PARCEL 107-2 O,B. SHEET 1 OF 1 10' -POR, NF.'LY -1/2 OF LO']" I BLOCK 12 OF JRV JJ\.L~.,'$ S UBDN J,..qIO N MRMII~S 107-2 LINE TABLE LINE BEARING LENGTH L 1 N89"58'39 "E 54.24' L2 S39'55 'J3 "W 12. 42' ,, , L3 S8£'58 'J9 "W 54.24' L4 N00'01'21 "W !0.00' CURVE TABLE CURVE DEL TA RADIUS LENGTH C1 0J'45'07" 1260.00' 82.51' C2 0..3"24 '5 7" 1250.00' 74.52' PREPARED UNDER THE DIRE CT~/~O¢;~ LICENSE EXPIRES 09/3(~/2d02 EXHZBZT "A' PARCEL 207-2 . TEMPORARY CONSTRUCTTON EASEMENT THAT PORTION OF THE NORTHEAS'I'ERLY ONE-HALF OF LOT 1 IN BLOCK 12 OF IRVINE'S SUBDIVISION, IN THE CITY OF TUSI-~N, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK i AT PAGE 88 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGZNNZNG (P.O.B.)'AT THE MOST EASTERLY CORNER OF THE PARCEL DESCRIBED IN THE OFFER OF DEDICATION RECORDED MAY 29, 1992 AS INSTRUMENT NO. 92- 363619 IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE ALONG THE EASTERLY LINE OF A LEASE RECORDED ]ANUARY 23, 1962 IN BOOK 5985, ON PAGE 488 OF OFFICIAL RECORDS, NORTH 00°01'21'' WEST 10.00 FEET; THENCE NORTH' 89058'39" EAST 54.24 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 1270.00 FEET; THENCE EASTERLY ALONG SAID CURVE 90.47 FEET THROUGH A CENTRAL ANGLE OF 04004'53'' TO THE NORTHWESTERLY LINE OF THE SOUTHEASTERLY 1032.80 FEET OF SAID ONE-HALF OF LOT 1; THENCE ALONG SAID NORTHWESTERLY LINE, SOUTH 39055'33" WEST 12.37 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHERLY, THE RADIUS OF WHICH BEARS SOUTH 03043'46'' WEST 1260.00 FEET; THENCE WESTERLY ALONG SAID CURVE 82.51 FEET THROUGH A CENTRAL. ANGLE OF 03°45'07':; THENCE SOUTH 89058'39" WEST 54.24 FEET TO THE POZNT OF BEGZNNTNG, CONTAZNZNG 1,407 SQUARE FEET = 0.03 ACRES, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBTF "B"~ A'I-FACHED HERETO AND BY REFERENCE MADE A PART THEREOF. ~'0GENC~. SHAFFER, L.S. 46~'~ -- DATE. I TCENSE EXPIRES SEPTEMBE~ 30, 2002 o '2o 4o 80 GRAPHIC SCALE: 1"=40' AREA S0.1,407FEET ACRES0.03 ' SQ. METERS ASL Consulting Engineers 16241 LAGUNA CYN. RD. SUITE 200 IRVlNE, CA 92618 ~(g49) 727-7099 FAX:(g49) 727-7097 u EXHIBIT "B" PARCEL 207-2' I I I I I · 1 ~ l 10' O. Bo SHEET 10F1 POFt. NF_,'L¥ LOT I BLOCK MRM 207-2 -LI 2 OF 12 OF SUBD~J ]Sion / 8~ 1o' LINE TABLE LINE BEARING LENGTH L 1 NO0'O 1 '21 "14/ 10. 00' L2 N89'58 '39 "E ,54.24' L$ S$9'55'3,.=, "W 12. 37' ..... L4 S89'58'39 ;'W 54.24' CURVE TABLE CURVE DEL TA RADIUS LENGTH C1 04'04 '5,3 " 1270.00' 90.47' C2 03'45'07" 1260. 00' 82.51' PREPARED UNDER THE DIRECTION OF LICENSE EXPIRES 09/50/.,~02 Office of the City Manager March 17, 2003 Saul Stevens, Trustee c/o Shirley Griset 2620 Second Avenue, #11-A San Diego, CA 92103-6546 City of Tustin 300 Centennial Way Tustin, CA 92780 714.573.3010 FAX 714.838.1602 Re: Notice of Hearing Regarding Adoption of a Resolution of Necessity to Acquire Property by Eminent Domain [California Code of Civil Procedure 1245.235] Irvine Boulevard/Newport Avenue Intersection Enhancement Project (CIP 7118) Property: 1021 - 1025 Irvine Boulevard 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 April 7, 2003 that, if adopted, will authorize the City of Tustin ("City") to acquire the property described herein by eminent domain for the irvine Boulevard/Newport Avenue Intersection Enhancement Project (CIP 7118). 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, April 7, 2003 at 7:00 p.m. or as soon thereafter as the matter may be heard, at 300 Centennial Way, Council Chambers, 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; Stevens Trustee Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by Eminent Domain March 17, 2003 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 statutory 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). Stevens Trustee Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by Eminent Domain March 17, 2003 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. Stevens Trustee Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by Eminent Domain March 17, 2003 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 March 17, 2003. William A. Huston, City Manager 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:/CIP Projects- Active\7118- Irvine-NewportJAcquisition/Stevens Eminent 3 Domain.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 03-23 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 IRVlNE BOULEVARD/NEWPORT AVENUE INTERSECTION ENHANCEMENT PROJECT (CIP 7118) 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 Irvine Boulevard/Newport Avenue Intersection Enhancements ("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 located at 1021-1025 Irvine Boulevard (APN 500-101-04); 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 Irvine Boulevard between Newport Avenue and Old Irvine Boulevard; WHEREAS, the plans for the Project are on file with the Director of Public Works of City; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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, a summary of the basis for the amount established as just compensation and an appraised summary statement 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 December 9, 2002, the Planning Commission of City, pursuant to the provisions of the Government Code, Section 65402, found that the proposed location, purpose, and extent of the project is consistent with the City's General Plan; and WHEREAS, on November 10, 1999 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 March 17, 2003 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- 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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 April 7, 2003 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 April 7, 2003 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: ao 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; -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Ct 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; 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 7th day of April 2005 ATTEST: Tracy Wills Worley Mayor !LA STOKER CITY CLERK 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 1 2 3 4' 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Ao B, Exhibit "A" Exhibit "A" Appendix A CONTENTS Legal Description Parcel 107-2 Legal Description Parcel 207-2 Temporary Construction Easement -5- EXHTB:E'I' "A' PARCEL 107-2 THAT PORTION OF THE NORTHEASTERLY ONE-HALF OF LOT 1 IN BLOCK 12 OF IRVINE'S SUBDIVISION, IN THE ClTY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 1 AT PAGE 88 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGTNNING. (P.O.B.) AT THE MOST EASTERLY CORNER OF THE PARCEL DESCRIBED IN THE OFFER OF DEDICA'T'~ON RECORDED MAY 29, 1992 AS INSTRUMENT NO. 92- 363619 IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE NORTH 89°58'39'' EAST 54.24 FEET TO THE BEGINNING O'F A TANGENT CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 1260.00 FEET; THENCE EASTERLY ALONG SAID CURVE 82.51 FEET THROUGH A CENTRAL ANGLE OF 03045'07'' TO THE NORTHWESTERLY LINE OF THE SOUTHEASTERLY 1032.80 FEET OF SAID NORTHEASTERLY ONE-HALF OF LOT 1; THENCE ALONG SAID LINE, SOUTH 39°55'33'' WEST 12.42 FEET TO THE NORTHERLY LINE OF PARCEL A AS DESCRIBED IN AN EASEMENT DEED RECORDED ]ULY 29, 1959 IN BOOK 4817 AT PAGES 522-524 IN THE OFFICE OF THE RECORDER OF' SAID COUNTY~ SAID POINT ALSO BEING THE BEGINNING OF 'A NON-TANGENT CURVEr CONCAVE SOUTHERLY~ THE RADIUS OF WHICH BEARS SOUTH 03°23'36" WEST 1250.00 FEET; THENCE WESTERLY ALONG SAID CURVE 74.52 FEET THROUGH A CENTRAL ANGLE OF 03°24'57"; THENCE SOUTH 89°58'39'' WEST 54.24 FEET TO THE SOUTHEASTERLY CORNER OF SAID INSTRUMENT NO. 92-363619; THENCE ALONG THE EASTERLY LINE OF SAID INSTRUMENT NORTH 00°01'21'' WEST 10.00 FEET TO THE POZNT OF BEGINNZNG. CONTAZNING 1,328 SQUARE FEET = 0.03 ACRES, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B~ ATTACHED HERETO AND BY REFERENCE MADE A PART THEREOF. ~UGEN ~AF'~ER, L.S~-4644/ LICENSE EXPIRES SEPTEMBER'3(] DATE L 50' LLI 0 '20 40 80 GRAPHIC SCALE: 1"=40' AREA' SQ. FEET ACRES METERS 1,328 0.03 ASL Consulting Engineers 16241 LAGUNA CYN. RD. SUITE 200 IRVlNE, CA 92618 ~.!949) 727-7099 FAX:(949) 727-7097 EXHIBIT "B" PARCEL 107-2 O,B. SHEET 1 OF 10' · POR, NE'L¥ ']/2 OF' LOT '] BLOCF: 'J2 OF' JRV JNE'S SUBDJV JSJE) N M R.klJ'] / BB 107-2 LINE TABLE LINE BEARING LENGTH L 1 N89'58 ':39 "E 54.24' L2 S39'55 '.33 "W 12.42' L,-,z S89'58'39 "W 54.24' L4 NO0'01 '21 "W 10.00' ... CURVE TABLE 'CURVE DELTA RADIUS LENGTH .... C 1 03'45'07" 1260. 00' 82.51' C2 03"24 '57" 1250. 00' 74.52' PREPARED UNDER THE DIRE CT.~,~/? LICENSE EXPIRES 09/3(~/20-02 EXHTBZ'T' "A' PARCEL 207-2 TEMPORARY CONSTRUCTi'ON EASEMENT THAT PORTION OF THE NORTHEASTERLY ONE-HALF OF LOT 1 IN BLOCK 12 OF IRVINE'S SUBDIVISION, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK i AT PAGE 88 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING (P.O.B.)'AT THE MOST EASTERLY CORNER OF THE PARCEL DESCRIBED IN' THE OFFER OF DEDICATION RECORDED MAY 29, 1992 AS INSTRUMENT NO. 92- 363619 IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE ALONG THE EASTERLY LINE OF A LEASE RECORDED JANUARY 23, 1962 IN BOOK 5985, ON PAGE 488 OF OFFICIAL RECORDS, NORTH 00°01'21'' WEST 10.00 FEET; THENCE NORTH 89°58'39'' EAST 54.24 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 1270.00 FEET; THENCE EASTERLY ALONG SAID CURVE 90.47 FEET THROUGH A CENTRAL ANGLE OF 04004'53'' TO THE NORTHWESTERLY LINE OF THE SOUTHEASTERLY 1032.80 FEET OF SAID ONE-HALF OF LOT 1; THENCE ALONG SAID NORTHWESTERLY LINE, SOUTH 39055'33'' WEST 12.37 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHERLY, THE RADIUS OF WHICH BEARS SOUTH 03043'46" WEST 1260.00 FEET; THENCE WESTERLY ALONG SAID CURVE 82.51 FEET THROUGH A CENTRAL ANGLE OF 03°45'07"; THENCE SOUTH 89058'39" WEST 54.24 FEET TO THE PO'tNT OF BEGTNNTNG. CONTAZNING 1,407 SQUARE FEET = 0.03 ACRES, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B"~ ATTACHED HERETO AND BY REFERENCE MADE A PART THEREOF. ~'0GENCmE~. SHAFFER, L.S. 46~'/~/ --' DATE. LICENSE EXPIRES SEPTEMBF_~ 30, 2002 EXHIBIT "B" PARCEL 207-2~ I O.B. SHEET 1 10' 10' PO~ .N.5%".( t/2 OF .LOT I BLOCK 12 OF JRV 11\1.5'S SUBDJ\./JSJON MRM'J/B8 207-2 OF 1 LINE TABLE LINE BEARI'~IG LENGTH L 1 NO0'O 1 '21 "W 10. 00' L2 N89'58 '.39 "E 54.24' L5 S,39'55 '3,.~"1t/ 12. 37' L4 S89'58'.39 "W 54.24' ASL Consulting 16241 LAOUNA CYN, RD. SUITE 200 IRVtNE, CA 92618 ~(949) 727-7099 FAX:(949) 727-7097 CURVE TABLE CURVE DEL TA RADIUS LENGTH C 1 04'04 '5Z" 1270. 00' 90.47' C2 0,3'45'07" 1260. 00' 82.51 ' 0 '20 4-0 80 GRAPHIC SCALE: 1"=40' ~ ~ :.. ~ o.°3_.._k---- U~l~¥1,~ ~ PREPARED UNDER THE DIRECTION OF LICENSE EXPIRES 09/30/.,,~0~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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 March 17, 2003, 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: E] (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] 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. E] (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 March 17, 2003 at Tustin, California. Katherine Barr Office Support Specialist Resolution of Necessity Appendix A to the Resolution of Necessity Notice of Intent to Adopt For Thomas M. Fitterer 18410 Irvine Blvd. APN 401-283-01 Resolution No. 03-25 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 03-25 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 IRVlNE BOULEVARD/NEWPORT AVENUE INTERSECTION ENHANCEMENT PROJECT (CIP 7118) 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 Irvine Boulevard/Newport Avenue Intersection Enhancements ("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 located at 18410 Irvine Boulevard (APN 401- 283-01); arid 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 southwest corner of the intersection of Irvine Boulevard and Newport Avenue; and WHEREAS, the plans for the Project are on file with the Director of Public Works of City; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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, a summary of the basis for the amount established as just compensation and an appraised summary statement 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 December 9, 2002, the Planning Commission of City, pursuant to the provisions of the Government Code, Section 65402, found that the proposed location, purpose, and extent of the project is consistent with the City's General Plan; and WHEREAS, on November 1, 1999 the City Council approved a Mitigated Negative Declaration for the Project pursuant to Public Resources Code Section 21000, et seq., the California Environmental Quality Act ("CEQA"), and on November 10, 1999 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 March 17, 2003 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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 April 7, 2003 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 April 7, 2003 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; 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; -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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 7th day of April 2003 ATTEST: Tracy Wills Worley Mayor PAMELA STOKER CITY CLERK 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 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Ao Bo C, Do Exhibit "A" Exhibit "A" Exhibit "A" Exhibit "A" Appendix A CONTENTS Legal Description Parcel 103-1 Legal Description Parcel 103-2 Legal Description Parcel 203-1 Temporary Construction Easement Legal Description Parcel 203-2 Temporary Construction Easement -5- EXH1'BTI' "A' ,, PARCEL 103-1 · . THAT PORTION OF LOT 9 OF THE VANDERLIP AND RowAN TRACT, IN THE CITY OF TUSTIN, COUNTY OF ORANGEi STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 5 PAGE 160 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEG1'NNTNG '(P.O.B.) AT THE SOUTHEASTERLY'CORNER OF PARCEL 135 AS DESCRIBED IN AN EASEMENT DEED RECORDED SEPTEMBER 4, 1964 IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY IN BOOK 7209 AT PAGES 264-266 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHWESTERLY LINE OF A PARCEL OF LAND CONVEYED TO PACIFIC IMPROVEMENT COMPANY BY DEED RECORDED JULY 9, 1888 IN BOOK 451, PAGE 294 OF DEEDS, RECORDS OF LOS ANGELES COUNTY SOUTH 28°56'06" WEST 11.51 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE NORTH 89058'48'' WEST 99.80 FEET TO THE WESTERLY LINE OF THE LAND DESCRIBED IN BOOK 2269, PAGE 81, OF OFFICIAL RECORDS, RECORDS OF ORANGE COUNTY; THENCE ALONG SAID WESTERLY LINE NORTH 00°02'43" WEST 10.00 FEET TO THE SOUTHWESTERLY CORNER OF SAID PARCEL 135; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 135 NORTH 89058'39'' EAST 105.38 FEET TO THE POZNT OF BEGTNNZNG CONTAINZNG 1030 SQUARE FEET = 0.02 ACRE, MORE OR LESS. ALL AS MORE PARTICULARLY . SHOWN ON EXHIBIT "B"~ A-I-FACHED HERETO AND BY REFERENCE MADE A PART THEREOF. L.S. BATEMAN, P.L.S. #3757 LICENSE EXPIRES JUNE 30, 2004 DATE .EXHIBIT "B" PARCEL 103-1 POFL LO-F V A ND £.R LJP & ..R O.W A N Tn A C T 'M..R, LA, c o, 5-'16o' O.R. r----~ . ~.~ ~,-.~,~,~ .__ ._/'-_ '" I , L t.~ ~ NO0'02 '4J"14/ ~ 70. 04' PARCEL 105-1  . O.R. 2269-81 · - '"¥o."-~ ",o~ "% x LINE TABLE LINE BEARING LENGTH L 1 $89'52' 18 "W 11.23' L2 S25"56'06"W I 1.51 ' L`3 NO0"02 '4,3"W 10. 00' 0 20 40 80 GRAPHIC SCALE: 1"=40' AREA ,-~'.:, ~ ~i'~;; ~',";":::.. .,; :' ,:, '..~ ~ ...... · .'"', ' ' :2 2;" ~' '"'C ct'z, .~ ,,!',. ,~:".,, 7-?";" '"'.,"d':.':' ,....¥ ....-~. . ' ~0. '. ! ,';,:. ':,'".'::~ SQ. FEET ACRES METERS [.'" ';,. ....... , .... ? '~',,¢ 1,030 0.0256 ,[ .... ' ........,",,-,4: PREPARED UNDER THE DIREOTION OF ~,;., y/,,,. .,. e,., .~.,. ,% .,,...~. ,~.~.: ASL Consulting Engineers 16241 LAGUNA CYN, RD. SUITE 200 IRVlNE, CA 92618 ~,(949) 727-7099 FAX:(949) 727-7097 L.S. BATEMAN, P.L.S. 3757 LICENSE EXPIRES 06/30/2004 DATE EXHI'BZ'I' "A" PARCEL Z03-2 THAT POR~ON OF LOT 9 OF THE VANDERI TP AND ROWAN TRACT, IN THE Ci'rY OF TUS'i'IN, COUNTY OF ORANGE, STATE OF CAITFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 5 PAGE 160 OF M:[SCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CAI TFORNIA, DESCRIBED AS FOLLOWS: BEGZNNZNG (P.O.B.) AT THE SOUTHEASTERLY CORNER OF PARCEL 135 AS DESCRIBED IN AN EASEMENT DEED RECORDED SEPTEMBER 4, 1964 IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY IN BOOK 7209 AT PAGES 264-266 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHWESTERLY LINE OF A PARCEL OF LAND CONVEYED TO PACIFIC ]IMPROVEMENT COMPANY BY DEED RECORDED JULY 9, 1888 IN BOOK 451, PAGE 294 OF DEEDS, RECORDS OF LOS ANGELES COUNTY SOUTH 28056'06'' WEST 151.77 FEET TO THE TRUE PO]:NT OF BEG:]:NN]:NG (T.P.O.B.); THENCE CONTINUING. ALONG SAID NORTHWESTERLY LINE SOUTH 28056'06'' WEST 42.54 FEET TO THE SOUTHERLY LINE OF THE LAND DESCRIBED lIN BOOK 141 PAGE 220 OF DEEDS, RECORDS OF ORANGE COUNTY; THENCE ALONG SAID LINE SOUTH 89°52'18'' WEST 9.46 FEET; THENCE NORTH 37044'35'' EAST 38.31 FEET; THENCE NORTH 43°27'13'' EAST 9.58 FEET TO THE TRUE POZNT OF BEGZNNZNG. CONTAZNZNG 194 SQUARE FEET = 0.01 ACRE, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B'; ATTACHED HERETO AND BY REFERENCE MADE A PART THEREOF. LICENSE ~X~IRES SE~~O, 2002 DATE EXHIBIT "B" PARCEL 103-2 ?oH. V A ND F.F~ LJ P & F~ 0 W .,c\ N O.R. I Z____ ~ ~ NO0'02 '4J"W ~ 70. 04' X ~ ~PARCEL 103-2 ~ ~o~ SHEET 1 OF 1 LINE TABLE LINE BEARING LENGTH L 1 S28'56'06"W 42.54' L2 .?89'52' 18 "W 9.46' L J S89'52 '18 "W 1.77' L4 NJ7'44 '35 "E 38.31' L5 N4J'27'1J"E 9.58' '% 0 20 40 80 GRAPHIC SCALE: 1"=4.0' AREA SQ. FEET ACRES SQ. METERS 194 0.0045 ASL Consultin9 Engineers 16241 LAGUNA CYN. RD. SUITE 200 IRVINE, CA 92618 ~(949) 727-7099 FAX:(949) 727-7097 PREPARED UNDER THE DIRECTION OF LICENSE EXPIRES o9/3o/fzoo2 EXHIBIT "A" PARCEL 203-'I TEMPORARY CONSTRUCTION EASEMEflT THAT PORTION OF LOT 9 OF THE VANDERLIP AND ROWAN TRACT, IN THE CITY OF TUSI'~N, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 5 PAGE 160 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGZNNTNG' (P.O.B.) AT THE SOUTHEASTERLY CORNER OF PARCEL 135 AS DESCRIBED IN AN EASEMENT DEED RECORDED SEPTEMBER 4, :[964 IN THE OFF]:CE OF THE COUNTY RECORDER OF 'ORANGE COUNTY IN BOOK 7209 AT PAGES 264-266 OF OFFICJ:AL RECORDS; THENCE ALONG THE NORTHWESTERLY LINE OF A PARCEL OF LAND CONVEYED TO PAQFIC IMPROVEMENT COMPANY BY .DEED RECORDED JULY 9, :[888 IN BOOK 45:1, PAGE 294 OF DEEDS, RECORDS OF LOS ANGELES COUNTY SOUTH 28°56'06'' WEST :[:[.5! FEET TO THE TRUE POZNT OF BEGZNNZNG (T.P.O.B.); THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE SOUTH 28056'06'' WEST 1:[.:[5 FEET; THENCE LEAVING SAID NORTHWESTERLY I.~NE NORTH 89058'48" WEST 94.40 FEET TO THE WESTERLY LINE OF THE LAND DESCRIBED IN BOOK 2269, PAGE 8:[ OF OF~CIAL RECORDS, RECORDS OF. ORANGE COUNTY; THENCE ALONG SAID LINE NORTH 00°02'43'' WEST 9.76 FEET; THENCE LEAVING SAID LINE SOUTH 89°58'48'' EAST 99.80 FEET TO THE TRUE POZNT OF BEGZNNZNG. CONTAZNZNG 948 SQUARE FEEl' = 0.02 ACRE, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN' ON EXHIBIT "B",. ATTACHED HERETO AND BY REFERENCE MADE. A PART THEREOF. · L.S. BATEMAN,.P.L.S. #3757 LICENSE EXPIRES JUNE 30, 2004 DATE EXHIBIT "B" SHEET 1 OF 1 PARCEL 203-1 POFL LoT .~ ~1 ~. l jvI. Ft, L A, C O. 5-1 8 0 ~ ~ o.~. ~ 7~-~o ~ I ~ I ' h L~ NOO'O2'4~"W 170. 04' PARCEL 203- 1 0~. ~ ~. o~ '~ eo . ~ ,~ ., LINE TABLE LINE BEARING LENGTH L 1 S8g'52' 18 "W 1 1.2,.,z' L2 S2B'5 6'0 6 "W 1 1.5 1' L3 ' S28'56'06"W 11.15' L4 NOO"O2'43"W 9.76' 0 2O 4O 80 GRAPHIC SCALE: 1"=40' AREA SQ. FEET ACRES I SQ. METERS 948 0.0218 I PREPARED UNDER THE DIRECTION OF ASL Consulting Engineers * ~,ZC.~~ ~':'7'/' SUITE 2OO L.S. BATEMAN, P.LS. 3757 DATE IRVINE, CA 92618 ~.(949) 727-70B9 FAX:(949) 727-?097 LICENSE EXPIRES 06/30/2004 EXH?BTr ~A" PARCEL 203-2 TEMPORARY CONSTRUCTION EASEMENT THAT PORTION OF LOT 9 OF THE VANDERLIP AND ROWAN TRACT, IN THE CITY OF TUST~N, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 5 PAGE 160 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING (P.O.B.} AT THE SOUTHEASTERLY CORNER OF PARCEL 135 AS DESCRIBED IN AN EASEMENT DEED RECORDED SEPTEMBER 4, 1964 IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY IN BOOK 7209 AT PAGES 264-266 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHWESTERLY LINE OF A PARCEL OF LAND CONVEYED TO PACIFIC IMPROVEMENT COMPANY BY DEED RECORDED 3ULY 9, 1888 IN BOOK 451, PAGE 294 OF DEEDS, RECORDS OF LOS ANGELES COUNTY SOUTH 28°56'06" WEST 151.77 FEET TO THE TRUE POINT OF BEGINNING (T.P.O.B.); THENCE DEPARTING SAID LINE, SOUTH 43°27'13'' WEST 9.58 FEET; THENCE SOUTH 37°44'35'M/EST 38.31 FEET TO THE SOUTHERLY LINE OF THE LAND DESCRIBED IN BOOK 141 PAGE 220 OF DEEDS, RECORDS OF ORANGE COUNTY; THENCE ALONG SAID LINE SOUTH 89°52'18" WEST 1.77 FEET TO THE WESTERLY LINE OF THE LAND DESCRIBED IN BOOK 2269 PAGE 81 OF OFFICIAL RECORDS, RECORDS OF ORANGE COUNTY; THENCE ALONG SAID LINE NORTH 00°02'43'' WEST 13.64 FEET; THENCE DEPARTING SAID LINE NORTH 37044'35'' EAST 29.77 FEET; THENCE NORTH 89°41'25'' EAST 13.60 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 391 SQUARE FEET = 0.01 ACRE, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "R" ATI'ACHED HERETO AND BY REFERENCE MADE A PART THEREOF, EUGEN~/~HAFFER L:S. 4~'~4 ~/~ F.-_- EXHIBIT "B" SHEET 1 OF 1 L PARCEL 203-2 ?OR, LO-F V .,c\ ND E ~ LJ P & ~ 0 \IV A N M,R,L,A, CO, 6-1,8 0 O.R. 4788-460 NO0'02 '4,.,z "W 170. 04' LINE TABLE LINE BEARING LENGTH L 1 SBg'52'18"W 9.46' L2 S89'52' 18 "W 1.77' L5 NO0"02 '45"W 15. 64' L4 N57'44 ',.~5 "E 29.77' L5 N89'41 '25"E 15.60' L 6 S45'2 7' 15 "W 9.58' L 7 S57"44 '55"W 58.51 ' PARCEL 205-2 O.R. 2269-81 50' ~j 0 20 40 8O GRAPHIC SCALE: 1"=40' AREA SC). FEE'r ACRES SQ. ~ETERS 391 0.0090 ASL Consultin9 Engineers 16241 LAGUNA CYN. RD. SUITE 200 IRVINE, CA 92618 ,(949) 727-7099 FAX:(949) 727-7097 LLI PREPARED UNDER THE DIRECTION OF LICENSE EXPIRES 09/30/2~2 r Office of the City Manager March 17, 2003 Thomas M. Fitterer, Trustee 18410 Irvine Boulevard, #A Tustin, CA 92780 City of Tustin 300 Centennial Way Tustin, CA 92780 714.573.3010 FAX 714.838.1602 Re: Notice of Hearing Regarding Adoption of a Resolution of Necessity to Acquire Property by Eminent Domain [California Code of Civil Procedure 1245.235] Irvine Boulevard/Newport Avenue Intersection Enhancement Project (CIP 7118) Property: 18410 Irvine Boulevard 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 April 7, 2003 that, if adopted, will authorize the City of Tustin ("City") to acquire the property described herein by eminent domain for the Irvine Boulevard/Newport Avenue Intersection Enhancement Project (CIP 7118). 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, April 7, 2003 at 7:00 p.m. or as soon thereafter as the matter may be heard, at 300 Centennial Way, Council Chambers, 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; Thomas M. Fitterer, Trustee Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by Eminent Domain March 17, 2003 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 statutory 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). Thomas M. Fitterer, Trustee Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by Eminent Domain March 17, 2003 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) pr.ovides 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. Thomas M. Fitterer, Trustee Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by Eminent Domain March 17, 2003 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 March 17, 2003. William A. Huston, City Manager Attachments (Copy of Government Code section 7267.2, subdivisions (a), (b), and (c)) (Proposed Resolution of Necessity) Government Code Section ?26?.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:/CIP Projects - Active\7118 - Irvine-NewportJAcquisition/Fitterer Eminent Domain.doc 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 03-25 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 IRVINE BOULEVARD/NEWPORT AVENUE INTERSECTION ENHANCEMENT PROJECT (ClP 7118) 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 Irvine Boulevard/Newport Avenue Intersection Enhancements ("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 located at 18410 Irvine Boulevard (APN 401- 283-01); 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 southwest corner of the intersection of Irvine Boulevard and Newport Avenue; and WHEREAS, the plans for the Project are .on file with the Director of Public Works of City; and 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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, a summary of the basis for the amount established as just compensation and an appraised summary statement 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 December 9, 2002, the Planning Commission of City, pursuant to the provisions of the Government Code, Section 65402, found that the proposed location, purpose, and extent of the project is consistent with the City's General Plan; and WHEREAS, on November 10, 1999 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 February 24, 2003 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- 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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 April 7, 2003 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 April 7, 2003 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. bo 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. 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: ao 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; -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Co 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 ~mpensation 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 7th day of April 2003 ATTEST: Tracy Wills Worley Mayor PAMELA STOKER CITY CLERK 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 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 A, Bo Co D, Exhibit "A" Exhibit "A" Exhibit "A" Exhibit "A" Appendix A CONTENTS Legal Description Parcel 103-1 Legal Description Parcel 103-2 Legal Description Parcel 203-1 Temporary Construction EaSement Legal Description Parcel 203-2 Temporary Construction Easement -5- EXHTBI'T "A' PARCEL 103-1 THAT PORT]ON OF LOT 9 OF THE VANDERL[P AND ROWAN TRACT, IN THE O-1'Y OF TUST~N, COUNTY OF ORANGE~ STATE OF CAL/FORNIA, AS SHOWN ON MAP! RECORDED IN BOOK 5 PAGE 160 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CA! TFORNIA, DESCRIBED AS FOLLOWS: BEGZNNZNG '(P.O.B.) AT THE SOUTHEASTERLY CORNER OF PARCEL 135 AS DESCFL[BED TN AN EASEMENT DEED RECORDED sEPTEMBER 4, 1964 IN THE OFF[CE OF THE COUNTY RECORDER OF ORANGE COUNTY IN BOOK 7209 AT PAGES 264-266 OF OFF[C/AL RECORDS; THENCE ALONG THE NORTHWESTERLY L/NE OF A PARCEL OF LAND CONVEYED TO PAC/F[C IMPROVEMENT COMPANY BY DEED RECORDED JULY 9, 1888 TN BOOK 451, PAGE 294 OF DEEDS, RECORDS OF LoS. ANGELES COUNTY SOUTH 28°56'06' WEST 11.51 FEET; THENCE LEAVING SA[Df NORTHWESTERLY ITNE NORTH 89°58'48'' WEST 99.80 FEET TO THE WESTERLY L/NE OF THE LAND DESCRIBED IN BOOK 2269,PAGE 81, OF OFF[C/AL RECORDS, RECORDS OF ORANGE COUNTY; THENCE ALONG SA~D WESTERLY ITNE NORTH 00°02'43' WEST 10.00 FEET TO THE SOUTHWESTERLY CORNER OF SMD PARCEL 135; THENCE ALONG THE SOUTHERLY ITNE OF S/LTD PARCEL 135 NORTH 89°58'39' EAST 105.38 FEET TO THE POZNT OF BEGZNNTNG CONTAINING 1030 SQUARE FEET = 0.02 ACRE, MORE OR LESS. ALL AS MORE PARTICULARLY . SHOWN ON EXHIBIT "B'~ ATTACHED HERETO AND BY REFERENCE MADE A PART THEREOF. L.S. BATEMAN, P.L.S. #3757 LICENSE EXPIRES ]UNE 30, 2004 DATE , EXHIBIT "B" PARCEL 103-1 LINE TABLE LINE BEARING LENGTH L 1 $89'$2' 18 "W 11.23' L2 S28'56'06"W 11.51' LJ NO0"02 '4J"W 10. OO' SHEET 1 OF 0 20 40 80 - GRAPHIC SCALE: 1"=4-0' -, AREA SQ. FEET ACRES SQ. METERS . ..... ~,, '~' 1,030 0.0236 :.",,f,,,-~ "~ ........ ,"',.'-,/',: PREPARED UNDER THE DIRECTION OF :;., ..,.,/~ ASL Consulting Engineers 16241 LAGUNA CYN. RD. SUITE 200 L.S. BATEMAN, P.L.S. 3757 DATE IRVINE, CA 92618 ~,(g49) 727-7099 FAX:(949) 727-7097 LICENSE EXPIRES 06/~0/2004 PO.R. LOT g VAND£HLJP & HO.WAN '~ ~, L A. CO. o.~. 4788-~so r-- --i '/:.R. 91-254968~ % NO0'02 '43"W 170. 04' % PARCEL 103-- O.R. 2269-81 . EXHI'BTI' "A" PARCEL 103-2 THAT PORTION OF LOT 9 OF THE VANDERLIP AND ROWAN TRACT, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 5 PAGE 160 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGi'NN1'NG (P.O.B.) AT THE SOUTHEASTERLY CORNER OF PARCEL 135 AS DESCRIBED IN AN EASEMENT DEED RECORDED SEPTEMBER 4, 1964 IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY IN BOOK 7209 AT PAGES 264-266 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHWESTERLY LINE OF A PARCEL OF LAND CONVEYED TO PACIFIC IMPROVEMENT COMPANY BY DEED RECORDED JULY 9, 1888 IN BOOK 451, PAGE 294 OF DEEDS, RECORDS OF LOS ANGELES COUNTY SOUTH 28056'06'' WEST 151.77 FEET TO THE TRUE POINT OF BEGINNING (T.P.O.B.); THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE SOUTH 28056'06'' WEST 42.54 FEET TO THE SOUTHERLY LINE OF THE LAND DESCRIBED IN BOOK 141 PAGE 220 OF DEEDS, RECORDS OF ORANGE COUNTY; THENCE ALONG SAID LINE SOUTH 89°52'18'' WEST 9.46 FEET; THENCE NORTH 37044'35'' EAST 38.31 FEET; THENCE NORTH 43°27'13'' EAST 9.58 FEET TO THE TRUE POINT OF BEGINNING. CONTAZNZNG 194 SQUARE FEET = 0.01 ACRE, MORE OR LESS. ALL AS MORE PARTiCULARLY SHOWN ON EXHIBIT "B", A'i-rACHED HERETO AND BY REFERENCE MADE A PART THEREOF. EUGEN:LS~. SHAFFER L.'~. ,~/'/ LICENSE EXPIRES SEPT~BEI~30, 2002 DATE EXHIBIT "B" PARCEL 103-2 - Po~t LOT V .A N D E.R I. J P .& R O W .A.KJ TJR./.\ C T M,R.L,A, C O, ¢-16 O O.R. 4788-460 I 1 [.- O.R. 91-254968-.% L3~ ,I. ~ ..... '--L PARCEL % ~ 105-2 ' '/VI.. ~ ~- ~_ LINE TABLE LINE BEARING LENGTH L 1 $28"56'06"W 42.54' L2 $89'52' 18 "W 9. 4 6' L$ S89'52'18"W 1.77' L4 NJ7'44 'J5 "E 38.31' L5 N4J'27'1J"E 9.58' 0 20 40 80 GRAPHIC SCALE: 1"=40' AREA Sq. FEED ACRES SQ, METERS 194 0.0045 ASL Consulting Engineers 16241 LAGUNA CYN. RD. SUITE 200 IRVINE, CA 92618 ~(949) 727-7099 FAX:(949) 727-7097 PREPARED UNDER THE DIRECTION OF LICENSE EXPIRES 09/30/'~'002 EXHZBTT "A' PARCEL 203-1 TEMPORARY CONSTRUCTTON EASEMENT THAT PORT]ON OF LOT 9 OF THE VANDERI TP AND ROWAN TRACT, IN THE CiTY OF TUST~N, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 5 PAGE 160 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCP~BED AS FOLLOWS: BEGZNNZNG (P.O.B.) AT THE SOUTHEASTERLY CORNER OF PARCEL 135 AS DESC~BED TN AN EASEMENT DEED RECORDED SEPTEMBER 4, 1964 IN THE OF~CE OF THE COUNTY RECORDER OF 'ORANGE COUNTY IN BOOK 7209 AT PAGES 264-266 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHWESTERLY ITNE OF A PARCEL OF LAND CONVEYED TO PACIFIC IMPROVEMENT COMPANY BY .DEED RECORDED JULY 9, 1888 IN BOOK 451, PAGE 294 OF DEEDS, RECORDS OF LOS ANGELES COUNTY SOUTH 28056'06'' WEST 11.51 FEET TO THE TRUE POZNT OF BEGZNNZNG (T.P.O.B.); THENCE CONTINUING ALONG SA~D NORTHWESTERLY ITNE SOUTH 28056'06'' WEST 11.15 FEET; THENCE LEAVING S~D NORTHWESTERLY ITNE NORTH 89058'48'' WEST 94.40 FEET TO THE WESTERLY ITNE OF THE LAND DESCP~BED TN BOOK 2269, PAGE 81 OF OFFICIAL RECORDS, RECORDS OF-ORANGE COUNTY; THENCE ALONG SA~D ITNE NORTH 00002'43'' WEST 9.76 FEET; THENCE LEAWNG SA~D LINE SOUTH 89058'48'' EAST 99.80 FEET TO THE TRUE POZNT OF BEGZNNZNG. CONTAINING 948 SQUARE FEET = 0.02 ACRE, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHTB~T "B',' ATTACHED HERETO AND BY REFERENCE MADE' A PART THEREOF. L.S. BATEMAN,,P.L.S. #3757 LICENSE EXPIRES 3UNE 30, 2004 DATE LINE TABLE LINE BEARING LENGTH L 1 S89'52' 18 "W 11.23' L2 S2B'56'O6"W 11.51' L3 S2B'56'O6"W 11.15' L4 NO0'02 '4J"W 9.76' , i EXHIBIT "El" PARC:EL 2oa-1 ., Po~ LOT V A ND E R L JP A R O \]\J A:N T R.A C'T ~.//R, LA, C O.. 6-1S 0 O.R. 4 7~8-460 0 2O 4O 8O GRAPHIC SCALE: 1"--40' AREA SQ. FEET ACRES 1SO. METERS 948 0.021B ASL Consulting Engineers 16241 LAGUNA CYN. RD. SUITE 20O IRVINE, CA 92618 ~(949) 727-7099 FAX:(949) 727-7097 ~j SHEET 1 OF 1 O,B. PREPARED UNDER THE DIRECTION OF '/ZlO z L.S. BATEMAN, P.L.S. 3757 LICENSE EXPIRES 06/30/2004 DATE EXH]:B?T "A" PARCEL 203-2 TEMPORARY CONSTRUCTION EASEMENT THAT PORTTON OF LOT 9 OF THE VANDERLTP AND ROWAN TRACT, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALTFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 5 PAGE 160 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGZNNI'NG (P.O.B.) AT THE SOUTHEASTERLY CORNER OF PARCEL 135 AS DESCRIBED IN AN EASEMENT DEED RECORDED SEPTEMBER 4, 1964 IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY IN BOOK 7209 AT PAGES 264-266 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHW!ESTERLY LTNE OF A PARCEL OF LAND CONVEYED TO PACIFIC IMPROVEMENT COMPANY BY DEED RECORDED JULY 9, 1888 IN BOOK 451, PAGE 294 OF DEEDS, RECORDS OF LOS ANGELES COUNTY SOUTH 28°56'06'' WEST 151.77 FEET TO THE TRUE POINT OF BEGINNING (T.P.O.B.); THENCE DEPARTING SAID ITNE, SOUTH 43°27'13'' WEST 9.58 FEET; THENCE SOUTH 37°44'35'~A/EST 38.31 FEET TO THE SOUTHERLY LTNE OF THE LAND DESCRTBED IN BOOK 141 PAGE 220 OF DEEDS, RECORDS OF ORANGE COUNTY; THENCE ALONG SAID LTNE SOUTH 89°52'18'' WEST 1.77 FEET TO THE WESTERLY LTNE OF THE LAND DESCRIBED IN BOOK 2269 PAGE 81 OF OFFICIAL RECORDS, RECORDS OF ORANGE COUNTY; THENCE ALONG S/LTD ITNE NORTH 00002'43" WEST 13.64 FEET; THENCE DEPARTING S/LTD ITNE NORTH 37044'35'' EAST 29.77 FEET; THENCE NORTH 89041'25'' EAST 13.60 FEET TO THE TRUE POINT OF BEGINNING. CONTA]:NZNG 391 SQUARE FEET = 0.01 ACRE, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBI'T "B", A~'ACHED HERETO AND BY REFERENCE MADE A PART THEREOF. EUGEN~HA-FFER L:S. 4~'~4--~-' -',~'~/ -- EXHIBIT "B" PARCEL 203-2: SHEET 10F1 POR, LOT D VANDFRLJP & ROWAN TRACT M, FLL, A, CO, ,5-160, O.R. 4788-460 r---IL ~ ~ __~.'-O.R. 91-254968-~ NO0'02 '4,.~ "W 170. LINE TABLE LINE BEARING LENGTH L 1 $89'52' 18 "W 9.46' L2 S89'52'18"W 1.77' L5 NO0'02 '4,.,z"W 15. 64' L4 N,.~7'44 ',_~5 "E 29. 77' L5 N89'41 '25 "E 15. 60' L 6 S4,.,z'2 7' 1,.~"W 9.55' L 7 S37'44 '35"W 38. 31' PARCEL 203-2 O.R. 2269-81' 50~ .~ 0 20 40 80 GRAPHIC SCALE: 1"=40' AREA SQ. FEET ACRES 391 0.0090 SQ. ~ETERS ASL Consulting Engineers 16241 LAGUNA CYN. RD. SUITE 2O0 IRVINE, CA 9261B ~,.(949) 727-7099 FAX:(949) 727-7097 PREPARED UNDER THE DIRECTIONOF . LICENSE EXPIRES 09/30/2~2 ~' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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 March 17, 2003, I served the foregoing document(s) described as Notice of Hearing Regarding Adoption of a Resolution ofl Necessity to Acquire Property by Eminent Domain by placing true copies thereof enclosed in sealed envelope(s), as follows: (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. E] (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. n 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. E] (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 March 17, 2003 at Tustin, California. Ka~'erine Barr Office Support Specialist