Loading...
HomeMy WebLinkAbout15 ACQUIS OF PARCELS 04-07-03AGENDA REPORT Agenda Item Reviewed: City Manager Finance Director MEETING DATE: APRIL 7, 2003 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION APPROVAL OF THE RESOLUTIONS OF NECESSITY FOR THE ACQUISITION OF ASSESSOR PARCELS APN 430-252-08, APN 430- 252-09, APN 430-263-01, APN 430-263-06, APN 430-263-07, APN 430- 261-22 AND 23, APN 430-281-01, AND APN 430-282-02 THROUGH 05 FOR THE EDINGER AVENUE (SMART STREET) WIDENING PROJECT (CIP NO. 7147) SUMMARY The proposed resolutions will authorize Legal Counsel to acquire property by condemnation for the Edinger Avenue (Smart Street) Widening 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 430-252-08 Herbert S. Kaufman 1211 Edinger Ave. Industrial 430-252-09 Samuel I. Russell 430-263-01 430-263-06 430-263-07 430-261-22 & 23 430-281-01 430-282-02through 05 Michael P. Russell George Y. Young William Y. Young Mullin Lumber Co. Mullin Lumber Co. SBC Pacific Bell Borchard Redhill Borchard Redhill 1221 Edinger Ave. 1231 Edinger Ave. 1481 Edinger Ave. 1421 Edinger Ave. 1422-1472 Edinger Ave. 14982 Red Hill Ave. 1542 Edinger Ave., et al Industrial Industrial Commercial Commercial Commercial Vacant 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 Edinger Avenue (Smart Street) Widening Project and declaring the public convenience and necessity thereof. Approval of the Resolutions of Necessity for the Acquisition of Parcels APN 430-252-08, APN 430- 252-09, APN 430-263-01, APN 430-263-06, APN 430-263-07, APN 430-261-22 and 23, APN 430- 281-01 and APN 430-282-02 through 05 for the Edinger Avenue (Smart Street) Widening Project April 7, 2003 Page 2 The resolutions recommended for adoption and the corresponding properties are as follows: Resolution No. Assessor Parcel Number (APN) 03-11 03-12 03-13 03-14 03-15 03-16 03-17 03-45 430-252-08 (Kaufman) 430-252-09 (Russell) 430-263-01 (Young) 430-261-22 & 23 (SBC Pacific Bell) 430-263-07 (Mullin) 430-282-02 through 05 (Borchard Redhill) 430-281-01 (Borchard Redhill) 430-263-06 (Mullin) FISCAL IMPACT The Edinger Avenue (Smart Street) Widening Project (CIP No. 7147) is included in the City's FY 2002-03 Capital Improvement Program Budget. Right-of-way acquisition funds for this project consist of Measure "M" Smart Street Funds. The Smart Street Project along Edinger Avenue is located partially in the City of Santa Ana and partially in the City of Tustin. On April 1, 2002, the Tustin City Council approved a Cooperative Agreement with the City of Santa Ana that specifies that the City of Santa Ana shall be the lead agency for administering the Measure "M" Smart Street funds for the design and acquisition phases of the project. The Santa Ana City Council approved the Cooperative Agreement on April 15, 2002. As outlined in the Cooperative Agreement, the City of Santa Ana, on behalf of the City of Tustin, will request reimbursement from the Orange County Transportation Authority (OCTA) for all right-of-way funds expended by the City of Tustin. Adoption of the Resolutions of Necessity will authorize the City to post a deposit of $1,186,360 for right-of-way acquisition of a portion of Assessor Parcel Nos. 430-252-08, 430-252-09, 430-263-01, 430-263-06, 430-263-07, 430-261-22 and 23, 430-281-01, and 430-282-02 through 05 plus the cost of legal counsel for the eminent domain process. BACKGROUND The Edinger Avenue (Smart Street) Widening Project proposes to widen Edinger Avenue between Ritchey Street in the City of Santa Ana and 1400 feet east of Red Hill Avenue in the City of Tustin. The street widening will be to six-lane major arterial highway standards with dual left turn lanes and exclusive right turn lanes at key intersections as needed to reduce congestion and improve level of service. Bike lanes will also be installed for both directions. The existing roadway will also be resurfaced, drainage improvements will be constructed and a raised landscaped median will be installed. In order to construct the improvements, right-of-way is required from thirteen (13) properties in the form of acquisitions. Offer letters have been presented to owners of the property interests for all 13 properties. To date, two escrows have closed, two properties are in the process of being acquired by Easement Deed, and one property is in the eminent domain process. For Assessor Parcel Nos. 430-252-08, 430- 252-09, 430-263-01,430-263-06, 430-263-07, 430-261-22 and 23, 430-281-01, and 430-282-02 through 05, the City's real property negotiator has reached an impasse with the property owners 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 430-252-08, APN 430- 252-09, APN 430-263-01, APN 430-263-06, APN 430-263-07, APN 430-261-22 and 23, APN 430- 281-01 and APN 430-282-02 through 05 for the Edinger Avenue (Smart Street) Widening 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 masons: 1. The widening project will improve traffic circulation by providing additional roadway capacity. The project is being constructed in conjunction with an overall County-wide program to improve traffic circulation along the Moulton Parkway "Smart Street" Corridor. This corridor includes Edinger Avenue, Irvine Center Drive, Moulton Parkway and Street of the Golden Lantern that traverses the Cities of Santa Ana, Tustin, Irvine, Laguna Woods, Aliso Viejo, Laguna Hills, Laguna Niguel and Dana Point. 3. Construction of the project will complete the last remaining segment of Edinger Avenue in Tustin to be widened as part of the "Smart Street" Corridor Program. 4. The widening brings Edinger Avenue into conformity with the Orange County Master Plan of Arterial Highways. 5. The widening brings Edinger Avenue into conformity with the City of Tustin's Circulation Element of the General Plan. 6. The project will complete the last remaining segment of Edinger Avenue Bike Lanes and bring Edinger Avenue into conformity with the City of Tustin's Master Bikeway Plan. It is recommended based upon the above evidence that the City Council find and determine that the public interest and necessity require the project. The proposed project is planned and located in the manner that will be the most compatible with the greatest public good and least private injury. This project was cleared environmentally through preparation of a Mitigated Negative Declaration. The Mitigated Negative Declaration for the Edinger Avenue (Smart Street) Widening Project was approved by the Tustin City Council on April 16, 2001 and the Notice of Determination was recorded in the office of the Orange County Recorder on May 8, 2001. The City's Engineering Consultant worked closely with the City's Right-of-way Consultant and several affected property owners to minimize acquisitions and to create local traffic circulation enhancements. Assessor Parcel No. 430-252-08 is currently improved with an industrial building containing approximately 20,400 square feet of building area and constructed in 1973. The building improvement will not be impacted by the proposed taking for the widening of Edinger Avenue. Approval of the Resolutions of Necessity for the Acquisition of Parcels APN 430-252-08, APN 430- 252-09, APN 430-263-01, APN 430-263-06, APN 430-263-07, APN 430-261-22 and 23, APN 430- 281-01 and APN 430-282-02 through 05 for the Edinger Avenue (Smart Street) Widening Project April 7, 2003 Page 4 After the taking, it will be necessary to replace the parking spaces lost at the new access point (at the intersection of Edinger Avenue and Del Arno Avenue). As a means of mitigating severance damages, the property owner will be compensated to (1) grade and pave approximately 3,000 square feet of land area near the property line, and (2) install parking striping for seven vehicle spaces. Assessor Parcel No. 430-252-09 is currently improved with an industrial facility of concrete tilt-up construction. The building contains a gross building area of approximately 41,000 square feet and was constructed in 1963. The building improvement will not be impacted by the proposed taking for the widening of Edinger Avenue. Other on-site improvements include two truck wells, asphalt paving, concrete paving, concrete planter walls, chain link fencing, a raised loading deck/ramp, marked automobile parking spaces, concrete auto stops, an in-ground irrigation system and ornamented landscape. As a means of mitigating severance damages, it will be necessary to (1) remove the remaining portion of the front truck loading well, (2) install asphalt paving over the former truck well, (3) widen the existing truck well located along the northwesterly elevation of the building, (4) remove the rear loading ramp/dock in order to provide additional automobile parking, (5) install asphalt paving along the rear portion of the property, (6) restripe automobile parking areas, and (7) reconfigure the chain link fencing. Compensation allowances for same will be made to the property owner as a means of mitigating severance damages. Assessor Parcel No. 430-263-01 is currently improved with an industrial facility of concrete tilt-up construction. The building contains a gross building area of approximately 12,800 square feet and was constructed in 1962. The building will not be impacted by the proposed taking for the widening of Edinger Avenue. Other on-site improvements include a steel frame canopy, loading dock, asphalt paving, concrete paving, chain link fencing, nominal landscaping, and an irrigation system. As a means of mitigating severance damages, it will be necessary to rework the chain link fence and posts. Assessor Parcel No. 430-263-06 is currently improved with a single stow restaurant building. The property was developed in 1986, per County Assessor's records. The building will not be impacted by the proposed taking for the widening of Edinger Avenue. Other on-site improvements include asphalt paving, concrete paving, brick walkways, concrete planter curbing, concrete block walls, marked automobile spaces, an in-ground irrigation system and ornamental landscaping. As a means of mitigating severance damages, it will be necessary to rework the existing irrigation system and landscaping to maintain the integrity of the existing improvements. Approval of the Resolutions of Necessity for the Acquisition of Parcels APN 430-252-08, APN 430- 252-09, APN 430-263-01, APN 430-263-06, APN 430-263-07, APN 430-261-22 and 23, APN 430- 281-01 and APN 430-282-02 through 05 for the Edinger Avenue (Smart Street) Widening Project April 7, 2003 Page 5 Assessor Parcel No. 430-263-07 is currently improved with a two stow multi-tenant commercial/industrial facility of concrete tilt-up construction. The property was developed in 1986 per County Assessor's records. The building will not be impacted by the proposed taking for the widening of Edinger Avenue. Other on-site improvements include asphalt paving, concrete paving, brick walkways, concrete planter curbing, concrete block walls, marked automobile spaces, an in-ground irrigation system and ornamental landscaping. As a means of mitigating severance damages, it will be necessary to rework the existing irrigation system and landscaping in order to maintain the integrity of the existing improvements. Assessor Parcel Nos. 430-263-22 and 23 are currently improved with an office building complex of brick masonry construction built in approximately 1975. The building improvement will not be impacted by the proposed taking for the widening of Edinger Avenue. Other on-site improvements include asphalt paving, concrete paving, concrete planter curbing, marked parking spaces, business signs, ornamented landscaping, and an in-ground irrigation system. As a means of mitigating severance damages, it will be necessary to rework irrigation lines and landscaping in order to maintain integrity of the existing improvements. Assessor Parcel No. 430-281-01 is currently unimproved and was formerly the site of The Barn Restaurant. The irrigation system is still believed to be operational and as a means of mitigating severance damages, it will be necessary to rework the irrigation lines in order to maintain integrity of the system. Assessor Parcel Nos. 430-282-02 through 05 are currently improved with a multi-tenant industrial park consisting of 16 single story buildings of concrete tilt-up construction. Assessor's records indicate a gross building area of 363,959 square feet and the buildings were constructed in 1976. The buildings will not be impacted by the proposed taking for the widening of Edinger Avenue. Other on-site improvements include asphalt paving, concrete planter curbing, marked parking spaces, business signs, ornamented landscaping and an in-ground irrigation system. As a means of mitigating severance damages, it will be necessary to rework irrigation lines in order to maintain the integrity of the system, replace landscaping to match the existing and relocate leasing signs. 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. Approval of the Resolutions of Necessity for the Acquisition of Parcels APN 430-252-08, APN 430- 252-09, APN 430-263-01, APN 430-263-06, APN 430-263-07, APN 430-261-22 & 23, APN 430-281- 01 and APN 430-282-02 through 05 for the Edinger Avenue (Smart Street) Widening Project April 7', 2003 Page 6 C. The subject property interests are necessary for the proposed project. For parcels APN 430-252-08 (Kaufman), 430-252-09 (Russell), 430-263-01 (Young), 430-263-06 (Mullin), 430-263-07 (Mullin), 430-261-22 and 23 (SBC Pacific Bell), 430-281-01 (Borchard Red Hill), and 430-282-02 through 05 (Borchard Red Hill), the construction of the Edinger Avenue Widening 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) 03-11 03-12 03-13 03-45 03-15 03-14 03-17 03-16 430-252-08 (Kaufman) 430-252-09 (Russell) 430-263-01 (Young) 430-263-06 (Mullin) 430-263-07 (Mullin) 430-261-22 and 23 (SBC Pacific Bell) 430-281-01 (Borchard Redhill) 430-282-02 through 05 (Borchard Redhill) 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. Approval of the Resolutions of Necessity for the Acquisition of Parcels APN 430-252-08, APN 430- 252-09, APN 430-263-01, APN 430-263-06, APN 430-263-07, APN 430-261-22 and 23, APN 430- 281-01 and APN 430-282-02 through 05 for the Edinger Avenue (Smart Street) Widening Project April 7, 2003 Page 7 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. 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 and March 19, 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. 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) 03-11 03-12 03-13 03-14 03-15 03-16 03-17 03-45 430-252-08 (Kaufman) 430-252-09 (Russell) 430-263-01 (Young) 430-261-22 and 23 (SBC Pacific Bell) 430-263-07 (Mullin) 430-282-02 through 05 (Borchard Redhill) 430-281-01 (Borchard Redhill) 430-263-06 (Mullin) and to obtain immediate possession, thereof, for the Edinger Avenue (Smart Street) Widening Project and declaring the public convenience and necessity thereof. Tim D. Serlet "--' Director of Public Works/City Engineer Engineering Services Manager TDS:DRK:ccg:Approval of Reso of Necessity Edinger memo.doc. Attachments: Resolutions of Necessity Appendix A to the Resolutions of Necessity Notice of Intent to Adopt Resolution of Necessity Appendix A to the Resolution of Necessity Notice of Intent to Adopt For Herbert S. Kaufman 1211 Edinger Avenue APN 430-252-08 Resolution No. 03-11 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. 03-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, STATE OF CALIFORNIA, AUTHORIZING AND DIRECTING THE CITY ATTORNEY AND/OR SPECIAL LEGAL COUNSEL TO ACQUIRE BY CONDEMNATION CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF TUSTIN, STATE OF CALIFORNIA, AND TO OBTAIN IMMEDIATE POSSESSION THEREOF FOR THE EDINGER AVENUE WIDENING PROJECT (CIP 7147) AND DECLARING THE PUBLIC CONVENIENCE AND NECESSITY THEREOF The City Council of the City of Tustin ("City"), by vote of two-thirds or more of its members, FINDS, DETERMINES, DECLARES, AND RESOLVES that: WHEREAS, City intends to construct the Edinger Avenue Improvements ("Project"), a )ublic 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 1211 Edinger Avenue (APN 430- 252-08); and WHEREAS, City is authorized to acquire the parcel(s) described in Appendix A together with a map thereof, attached hereto and incorporated herein by this reference, and exercise the power of eminent domain for the public use set forth herein in accordance with the California Constitution and the California Eminent Domain Law, Code of Civil Procedure Section 1230.010 et seq. and pursuant to Streets and Highways Code Section 10102 (street right of way); Government Code Section 54031 (parking); Government Code Section 38730 water facilities); Streets and Highways Code Section 5100 et seq. (Street Improvement Act acquisitions); and WHEREAS, the real property interests sought to be acquired for the Project consists of one parcel and is located within the territorial limits of City and is generally located on the north side of Edinger Avenue between the SR-55 Freeway and Red Hill Avenue; and WHEREAS, the plans for the Project are on file with the Director of Public Works of City; and 1 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, and summary of the basis for the amount established as just compensation for the real property and interests sought to be acquired; and WHEREAS, a reasonable length of time has expired since the date of the offers to the owners of the real property and interests therein sought to be acquired, and the owners have failed to favorably respond to the offers of the amounts established by City as just compensation; and WHEREAS, some or portions of the property and interests therein hereinafter described are being acquired as a "remnant" pursuant to Code of Civil Procedure Section 1240.410; and WHEREAS, some or portions of the property and interests therein hereinafter described are being acquired for a compatible joint use pursuant to Code of Civil Procedure Section 1240.510; and WHEREAS, the Project is part of the City's Capital Improvement Program, and on August 5, 2002, the City Council of the City, adopted Resolution No. 02-77 exempting the acquisitions required by the Project from the provisions of Government Code, Section 65402; and WHEREAS, on April 16, 2001 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 May 8, 2001 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. 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. 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: 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; To acquire the property in fee simple absolute unless a lesser estate is described in Appendix A; 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 20 21 22 23 24 25 26 27 28 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 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 A. Exhibit "A" Appendix A CONTENTS Legal Description Parcel HK-1 and Temporary Construction Easement -5- PSOMAS 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 29 30 EXHIBIT 'A' LEGAL DESCKIPT~ON PARCEL HK-1 THAT PORTION OF LOT 65, BLOCK 10 OF IRVINE'S SUBDIVISION, IN THE CITY OF TUST[N, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF SAID LOT 65, SAID LINE ALSO BEING THE CENTERLINE OF NEWPORT AVENUE (18.288 METERS WIDE), WITH THE CENTERLINE OF EDINGER AVENIJE (24.384 METERS WIDE) AS SHOWN ON THE MAP FILED IN BOOK 28, PAGE 12 OF PARCEL MAPS, RECORDS OF SAID COUNTY; THENCE ALONG SAID CENTERLINE OF EDINGER AVENUE SOUTH 49°20'30" EAST 173.121 METERS; THENCE LEAVING SAID CENTERLINE NORTH 40o39'30" EAST 12.192 METERS TO THE SOUTHWESTERLy LINE OF THE LAND DESCRIBED IN THE INSTRUMENT RECORDED IN BOOK 10655, PAGE 910 OF OFFICIAL RECORDS OF SAID COUNTY, BEING THE BEGINNING OF A NON- TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 116.693 METERS, A RADIAL LINE TO SAID BEGINNING OF CURVE BEARS NORTH 37°59'21" WEST, SAID CURVE BEING THE SOUTHERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED TO THE ATCHISON TOPEKA AND SANTA FE RAILROAD RECORDED AS DOCUMENT NO. 7118 IN BOOK 7078, PAGE 484 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTHEASTERLY ALONG SAID CURVE 6.255 METERS THROUGH A CENTRAL ANGLE OF 3°04'16" TO THE NORTHEASTERLY LINE OF SAID EDINGER AVENUE PER SAID INSTRUMENT AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID NORTHEASTERLY LINE f:~urvcysL2dok0103h'~ports\legal\hk rev 8 28.do¢ Sheet 1 Of 4 August 28, 2002 Lmh:LMH 6 7 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 29 30 31 PSOMAs SOUTH 49020'30" EAST 120.525 METERS TO THE NORTHWESTERLY LINE OF THE LAND DESCRIBED IN THE DEED RECORDED IN BOOK 6025, PAGE 580 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTHEASTERLy ALONG SAID NORTHWESTERLY LINE NORTH 40°39'02 EAST 1.524 METERS; THENCE NORTH 49020'30,, WEST 46.?30 METERS TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 12.498 METERS; THENCE NORTHWESTERLY ALONG SAID CURVE 2.039 METERS THROUGH A CENTRAL ANGLE OF 09°20'52"; THENCE NON-TANGENT TO SAID CURVE NORTH 40000, 13" WEST 16.042 METBRS TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF I?.983 METERS; THENCE NORTHWESTERLY ALONG SAID CURVE TFIROUGH A CENTRAL ANGLE OF 09°20'53" A DISTANCE OF 2.934 METERS; THENCE NORTH 49°21 '06" WEST 16.?72 METERS; THENCE NORTH 4?020'52,, WEST 18.203 METERS; THENCE NORTH 49°18'45" WEST 16.593 METERS TO A POINT ON SAID SOUTHERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE ATCHISON TOPEKA AND SANTA FE RAILROAD, A RADIAL LINE TO SAID POINT BEARS NORTH 32°16'49" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2°38'20,, A DISTANCE OF 5.3?5 METERS TO THE TRUE POINT OF BEGINNING. CONTAINING 388.5 SQUARE METERS OR 0.039 HECTARES MORE OR LESS SEE EXHIBIT 'B' ATTACHED HERETO AND MADE APART HEREOF TEMPOR_&Ry CONTRUCTION EASEMENT A STRIP OF LAND 5.000 METERS WIDE, THE SOUTHWESTERLY LINE OF SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF SAID LOT 65, SAID' LINE ALSO BEING THE CENTERLINE OF NEWPORT f:~urveys~2dok0103~reports~legal~hk rev 8 28.doc Sheet 2 of 4 August 28, 2002 Lmh:LMH PSOMAS 1 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 AVENUE (18.288 METERS WIDE), WITH THE CENTERLINE OF EDINGER AVENUE (24.384 METERS WIDE) AS SHOWN ON THE MAP FILED IN BOOK 28, PAGE 12 OF PARCEL MAPS, RECORDS OF SAIl) COUNTY; THENCE ALONG SAID CENTERLINE OF ED1NGER AVENUE SOUTH 49°20'30" EAST 173.121 METERS; THENCE LEAVING SAID CENTERLINE NORTH 40°39'30" EAST 12.192 METERS TO THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN THE INSTRUMENT RECORDED IN BOOK 10655, PAGE 910 OF OFFICIAL RECORDS OF SAID COUNTY, BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 116.693 METERS, A RADIAL LINE TO SAID BEGI2NNING OF CURVE BEARS NORTH 37°59'21" WEST, SAID CURVE BEING THE SOUTHERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED TO THE ATCHISON TOPEKA AND SANTA FE RAILROAD RECORDED AS DOCUMENT NO. 7118 IN BOOK 7078, PAGE 484 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTHEASTERLy ALONG SAID CURVE 11.629 METERS TI-IROUGH A CENTRAL ANGLE OF 5°42'32" TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 49o18'45TM EAST 16.593 METERS; THENCE SOUTH 47o20'52" EAST 18.203 METERS; THENCE SOUTH 49o21 '06" EAST 16.772 METERS TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLy HAVING A RADIUS OF 17.983 METERS; THENCE SOUTHEASTERLy ALONG SAID CURVE 2.934 METERS THROUGH A CENTRAL ANGLE OF 09°20'53"; THENCE SOUTH 40°00'13" EAST 16.042 METERS TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLy HAVING A RADIUS OF 12.498 METERS, A RADIAL LINE TO SAID BEGINNING OF CURVE BEARS SOUTH 50°00'22" WEST; THENCE SOUTHEASTERLy ALONG SAID CURVE 2.039 METERS THROUGH A CENTRAL ANGLE OF 09°20'52"; THENCE SOUTH 49°20'30" EAST 46.730 METERS TO THE NORTHWESTERLY LINE THE LAND DESCRIBED IN THE DEED RECORDED IN BOOK 6025, PAGE 580 OF OFFICIAL RECORDS OF SAD COUNTY. fSsurveys~2dok0103~reports\legalXhk rev 8 28.doc Sheet 3 of 4 August 28, 2002 - - - Lmh:LMH P$OW4 S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 THE SIDELINES OF SAD STRIP SHALL BE LENGTI'ZEN~D OR SHORTENED SO AS TO TERMINATE NORTHWESTERLY IN THE SOUTHERLY LINE OF SAID PARCEL OF LAND DESCILUBED IN THE DEED TO THE ATCHISON TOPEKA AND SANTA FE RAILROAD RECORDED AS DOCUMENT NO. 7118 IN BOOK 7078, PAGE 484 OF OFFICIAL RECORDS OF SAD COUNTY AND SOUTHEASTERLY IN THE NORTHWESTERLy LINE OF SAID LAND DESCRIBED IN THE DEED RECORDED IN BOOK 6025, PAGE 580 OF OFFICIAL RECORDS OF SAD COUNTY. SEE EXHIBIT 'C' ATTACHED HERETO AND MADE APART HEREOF THIS LEGAL DESCRIPTION IS NOT INTENDED FOR USE IN THE DIVISION AND/OR CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA. PREPARED UNDER THE DIRECTION OF. WALTER A. SHEEK, PLS 4838 LICENSE EXPIRES 9/30/04 £:~urveys~2dok0103kreports\legal~hk rev B 28.doc Sheet 4 ot'4 August 28,2002 - - - Lmh:LMH EXHIBIT "B" A. T. & S.F. R.R. ~ B J< 2 4. ~ P G 2 2 ,~ TPO R ] OH T OF WAY DEEDS DF EDINGER LOT JO AVENUE DESCRIPTION: PORTION OF LOT 65, BLOCK IO,[RVINE'5 SUBDIVISION, M.M. 1/88 SHEET I OF I SCALE NONE DRAFTED LCM CHECKED WA5 DATE 07/22/02 EXHIBIT "C" A. T. & LOT 55 BLDDJ< JO IRVJ~E'S ~U~DIVJSISN DoRo DO2D/SDO AVENUE '"-1 o <~ LO DESCRIPTION:5.0OOm TEMPORARY CONSTRUCTION EASEMENT OVER THAT PORTION OF LOT 65, BLOCK IO, IRVlNE'S SUBDIV1SION, M.M, 1/88 PSOMAS SHEET I OFI SCALE NONE DRAFTED LCM CHECKED WAS DATE 07/22/02 JOB Office of the City Manager March 17, 2003 Mr. Herbert S. Kaufman 1100 Sir Frances Drake Blvd. Kentfleld, CA 94904 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] Edinger Avenue Widening Project (CIP 7147) Property: 1211 Edinger 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 Edinger Avenue Widening Project between the SR-55 Freeway and 1,400 feet east of Red Hill Avenue (ClP 7147). A description of the property being considered for acquisition marked Appendix A accompanies the proposed Resolution of Necessity, attached to this Notice as Exhibit A (which property shall be referred to herein as the Property). 2. Notice of Your Right to Appear and be Heard. Please take notice that the City Council of City, at a regular meeting to be held on Monday, 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; Herbert S. Kaufman 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 factua~ 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). Herbert S. Kaufman 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. Herbert S. Kaufman 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 Huston, Cit~ Manager Attachments (Copy of Government Code section 7267.2, subdivisions (a), (b), and (c)) (Proposed Resolution of Necessity) C: Joseph L. Casalnuovo, Attorney at Law John C. Murphy, Attorney at Law 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 Project-Active\7147 - Edinger Ave. Widening~Acquisition\Kaufman Eminent Domain 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. 03-11 EXHIBIT A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, STATE OF CALIFORNIA, AUTHORIZING AND DIRECTING THE CITY ATTQRNEY AND/OR SPECIAL LEGAL COUNSEL TO ACQUIRE BY CONDEMNATION CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF TUSTIN, STATE OF CALIFORNIA, AND TO OBTAIN IMMEDIATE POSSESSION THEREOF FOR THE EDINGER AVENUE WIDENING PROJECT (CIP 7147) AND DECLARING THE PUBLIC CONVENIENCE AND NECESSITY THEREOF The City Council of the City of Tustin ("City"), by vote of two-thirds or more of its members; FINDS, DETERMINES, DECLARES, AND RESOLVES that: WHEREAS, City intends to construct the Edinger Avenue Improvements ("Project"), a public use, and, in connection therewith, acquire interests in certain real property. The Project is for a public use that is a function of City; and WHEREAS, City intends to construct the Project to make effective the principal purpose of street widening in compliance with the City's General Plan, including but not limited to property to be used for the protection or preservation of the attractiveness, safety, and usefulness of the Project as set forth in Code of Civil Procedure section 1240.120(a); and WHEREAS, the Project requires the acquisition of fee interests and temporary construction easements in certain real property located at 1211 Edinger Avenue (APN 430- 252-08); and WHEREAS, City is authorized to acquire the parcel(s) described in Appendix A together with a map thereof, attached hereto and incorporated herein by this reference, and exercise the power of eminent domain for the public use set forth herein in accordance with the California Constitution and the California Eminent Domain Law, Code of Civil Procedure Section 1230.010 et seq. and pursuant to Streets and Highways Code Section 10102 (street right of way); Government Code Section 54031 (parking); Government Code Section 38730 (water facilities); Streets and Highways Code Section 5100 et seq. (Street Improvement Act acquisitions); and WHEREAS, the real property interests sought to be acquired for the Project consists of one parcel and is located within the territorial limits of City and is generally located on the north side of Edinger Avenue between the SR-55 Freeway and Red Hill Avenue; and WHEREAS, the plans for the Project are on file with the Director of Public Works of City; and 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, and summary of the basis for the amount established as just compensation for the real property and interests sought to be acquired; and WHEREAS, a reasonable length of time has expired since the date of the offers to the owners of the real property and interests therein sought to be acquired, and the owners have failed to favorably respond to the offers of the amounts established by City as just compensation; and WHEREAS, some or portions of the property and interests therein hereinafter described are being acquired as a "remnant" pursuant to Code of Civil Procedure section 1240.410; and WHEREAS, some or portions of the property and interests therein hereinafter described are being acquired for a compatible joint use pursuant to Code of Civil Procedure section 1240.510; and WHEREAS, the Project is part of the City's Capital Improvement Program, and on August 5, 2002, the City Council of the City, adopted Resolution No. 02-77 exempting the acquisitions required by the Project from the provisions of Government Code, section 65402; and WHEREAS, on May 8, 2001 pursuant to Public Resources Code section 21000, et seq., the California Environmental Quality Act ("CEQA"), the City filed a Notice of Determination under CEQA with the County Clerk of the County of Orange, California; and WHEREAS, pursuant to the provisions of Code of Civil Procedure, section 1245.235, on 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. 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. 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: 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; 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 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; 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 A. 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 Exhibit "A" Appendix A CONTENTS Legal Description Parcel HK-1 and Temporary Construction Easement -5- PSOMAS ? 10 11 12 13 14 16 17 2O 21 22 23 24 25 2? 29 3O EXHIBIT 'A' LEGAL DESCRIPTION PARCEL I-IK- 1 THAT PORTION OF LOT 65, BLOCK 10 OF IRVINE'S SUBDIVISION, IN TILE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNL&, AS SHOWN ON THE MAP FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF SAD LOT 65, SAD LINE ALSO BEING THE CENTERLINE OF NEWPORT AVENUE (18.288 METERS WIDE), WITH THE CENTERLINE OF EDINGER AVENUE (24.384 METERS WIDE) AS SHOWN ON THE MAP FILED IN BOOK 28, PAGE 12 OF PARCEL MAPS, RECORDS OF SAID COUNTY; THENCE ALONG SAD CENTERLINE OF EDINGER AVENUE SOUTH 49020'30'' EAST 173.121 METERS; THENCE LEAVING SAD CENTER.LINE NORTH 40039'30" EAST 12.192 METERS TO THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN THE INSTRUMENT RECORDED IN BOOK 10655, PAGE 910 OF OFFICIAL RECORDS OF SAID COUNTY, BEING THE BEGINNING OF A NON- TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 116.693 METERS, A RADIAL LINE TO SAID BEGINNING OF CURVE BEARS NORTH 37°59'21" WEST, SAID CURVE BEING THE SOUTHERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED TO THE ATCHISON TOPEKA AND SANTA FE RAILROAD RECORDED AS DOCUMENT NO. 7118 IN BOOK 7078, PAGE 484 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTHEASTERLY ALONG SAID CURVE 6.255 METERS THROUGH A CENTRAL ANGLE OF 3°04'16TM TO THE NORTHEASTERLY LINE OF SAID EDINGER AVENUE PER SAID INSTRUMENT AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAD NORTHEASTERLY LINE f:~urveysL2dok0103~eports\legal\hk rev 8 28.doc Sheet I of 4 August 28,2002 - - - Lmh:LMH 2 3 4 6 7 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 P$ONI S SOUTH 49°20'30" EAST 120.525 METERS TO THE NORTHWESTERLY LINE OF THE LAND DESCRIBED IN THE DEED RECORDED IN BOOK 6025, PAGE 580 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTHEASTERLy ALONG SAID NORTHWESTERLY LINE NORTH 40039'02 EAST 1.524 METERS; THENCE NORTH 49°20'30" WEST 46.730 METERS TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY HAVING A RahDFUS OF 12.498 METERS; THENCE NORTHWESTERLY ALONG SAID CURVE 2.039 METERS THROUGH A CENTRAL ANGLE OF 09°20'52"; THENCE NON-TANGENT TO SAID CURVE NORTH 40000' 13" WEST 16.042 METERS TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY HAVING A R3kDIT3S OF 17.983 METERS; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTR_A_L ANGLE OF 09°20'53'' A DISTANCE OF 2.934 METERS; THENCE NORTH 49°21'06" WEST 16.772 METERS; THENCE NORTH 47020'52'' WEST 18.203 METERS; THENCE NORTH 49018'45'' WEST 16.593 METERS TO A POINT ON SAID SOUTHERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE ATCHISON TOPEKA AND SANTA FE RAILROAD, A RADIAL LINE TO SAID POINT BEARS NORTH 32016'49'' WEST; THENCE SOUTHWESTERLy ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2°38'20'' A DISTANCE OF 5.375 METERS TO THE TRUE POINT OF BEGINNING. CONTAINING 388.5 SQUARE METERS OR 0.039 HECTARES MORE OR LESS SEE EXHIBIT 'B' ATTACHED HERETO AND MADE APART HEREOF TEMPORARY CONTRUCTION EASEMENT A STRIP OF LAND 5.000 METERS WIDE, THE SOUTHWESTERLY LINE OF SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF SAID LOT 65, SAID' LINE ALSO BEING THE CENTERLINE OF NEWPORT fSsurveys~2dok0103%"~ports~legal\hk rev $ 28.doc Sheet 2 of 4 August 28, 2002 Lrnh:LMH PSOIVI, AkS 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 29 30 31 AVENUE (18.288 METERS WIDE), WITH THE CENTERL1NE OF EDINGER AVENLrE (24.384 METERS WIDE) AS SHOWN ON THE MAP FILED IN BOOK 28, PAGE 12 OF PARCEL MAPS, 1LECORDS OF SAID COUNTY; THENCE ALONG SAID CENTERLINE OF EDINGER AVENUE SOUTH 49°20'30" EAST 173.121 IVEETERS; THENCE LEAVING SAID CENTERLINE NORTH 40°39'30" EAST 12.192 METERS TO THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN THE INSTRUMENT RECORDED IN BOOK 10655, PAGE 910 OF OFFICIAL RECORDS OF SAD COUNTY, BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 116.693 METERS, A RADIAL LINE TO SAID BEGINNING OF CURVE BEARS NORTH 37°59'21" WEST, SAD CURVE BEING THE SOUTHERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED TO THE ATCHISON TOPEKA AND SANTA FE RAILROAD RECORDED AS DOCUMENT NO. 7118 IN BOOK 7078, PAGE 484 OF OFFICIAL RECORDS OF SAD COUNTY; THENCE NORTHEASTERLY ALONG SAID CURVE I 1.629 METERS THROUGH A CENTRAL ANGLE OF 5°42'32" TO THE TRUE POI/~T OF BEGINNING; THENCE SOUTH 49°18'45" EAST 16.593 METERS; THENCE SOUTH 47020'52'' EAST 18.203 METERS; THENCE SOUTH 49°21 '06" EAST 16.772 METERS TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 17.983 METERS; THENCE SOUTHEASTERLY ALONG SAID CURVE 2.934 METERS THROUGH A CENTRAL ANGLE OF 09020'53"; THENCE SOUTH 40°00'13" EAST 16.042 METERS TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLy HAVING A RADIUS OF 12.498 METERS, A RADIAL LINE TO SAD BEGINNING OF CURVE BEARS SOUTH 50o00'22" WEST; THENCE SOUTHEASTERLY ALONG SAD CURVE 2.039 METERS THROUGH A CENTRAL ANGLE OF 09o20'52"; THENCE SOUTH 49020'30'' EAST 46.730 METERS TO THE NORTHWESTERLY LI]qE THE LAND DESCRIBED IN THE DEED RECORDED IN BOOK 6025, PAGE 580 OF OFFICIAL RECORDS OF SAID COUNTY. f:~urveys~2dok0103~reports~legal~hk rev 8 28.doc Sheet 3 of 4 August 28,2002 - - - Lmh:LMH 1 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 THE SIDELISNES OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED SO AS TO TERMINATE NORTHWESTERLY IN THE SOUTHERLY LINE OF SAID PARCEL OF LAND DESCRIBED IN THE DEED TO THE ATCHISON TOPEKA AND SANTA FE RAILROAD RECORDED AS DOCUMENT NO. 7118 IN BO°K 7078, PAGE 484 OF OFFICIAL RECORDS OF SAID COUNTY AND SOUTHEASTERLY IN THE NORTHWESTERLY LINE OF SAID LAND DESCRIBED IN THE DEED RECORDED IN BOOK 6025, PAGE 580 OF OFFICIAL RECORDS OF SAID COUNTY. SEE EXHIBIT 'C' ATTACHED HERETO AND MADE APART HEREOF THIS LEGAL DESCRIPTION IS NOT INTENDED FOR USE IN THE DIVISION AND/OR CONVEYANCE OF LAND IN VIOLATION OF THE SUBDMSION MAP ACT OF THE STATE OF CALII~ORNIA. PREPARED UNDER THE DIRECTION OF. WALTER A. SHEEK, PLS 4838 LICENSE EXPIRES 9/30/04 EXPIRES: 9/'30/04 fSsurveys~dok0103~reports\legal\hk_rev_8_28.doc Sheet 4 0£4 August 28, 2002 Lmh:LMH EXHIBIT "B" A. T. & S, F. R.R./ ~ ~< 2 ~ ~ P g 2 2 3 DE[DS R i O H T OF WAY EDINGER ~ F J-. A, c 0. AVENUE DESCRIPTION: PORTION OF LOT 65, BLOCK IO, IRVINE'S SUBDIVISION, M.M. 1/88 SHEET I OF I SCALE NONE DRAFTED LCM CHECKED WAS DATE 07/22/02 JOB EXHIBIT "C" T. & S.F. R.R. R I G H T OF WAY O D~ BLDDK JD IRVJNE's SU~DIVJSIDN TPOB POB ~'~' ~o"£ '~-""-".. ED ] NGER AVENUE D~R o bO25/SDD DESCRIPTrON~5.OD0m TEMPORARY CONSTRUCTION EASEMENT OVER THAT PORTION OF LOT 65, BLOCK I0, iRVINE'S SUBDIVISION, M,M. 1/88 PSOMAS SHEET I OF I SCALE NONE DRAFTED LCM CHECKED WAS DATE 07/22/02 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. (BY OVERNIGHT DELIVERY) I placed said documents in envelope(s) for collection following ordinary business practices, at the business offices of the CITY OF TUSTIN, and addressed as shown on the attached service list, for collection and delivery to a courier authorized by to receive said documents, with delivery fees provided for. I am readily familiar with the practices of the CITY OF TUSTIN for collection and processing of documents for overnight delivery, and said envelope(s) will be deposited for receipt by on said date in the ordinary course of business. (PERSONAL SERVICE) I delivered such envelope(s) by hand to the offices of the addressee(s). (STATE) I declare that I am employed in the office of the CITY OF TUSTIN at whose direction the service was made. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. (FEDERAL) I declare that I am employed in the office of the CITY OF TUSTIN at whose direction the service was made. I declare under penalty of perjury under the laws of the United States of America that the above is true and correct. Executed on March 17, 2003 at Tustin, California. Ka~ferine Barr Office Support Specialist Resolution of Necessity Appendix A to the Resolution of Necessity Notice of Intent to Adopt For Samuel I. Russell and Michael P. Russell 1221 Edinger Avenue APN 430-252-09 Resolution No. 03-12 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 RESOLUTION NO. 03-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, STATE OF CALIFORNIA, AUTHORIZING AND DIRECTING THE CITY A'I-DORNEY AND/OR SPECIAL LEGAL COUNSEL TO ACQUIRE BY CONDEMNATION CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF TUSTIN, STATE OF CALIFORNIA, AND TO OBTAIN IMMEDIATE POSSESSION THEREOF FOR THE EDINGER AVENUE WIDENING PROJECT (CIP 7147) AND DECLARING THE PUBLIC CONVENIENCE AND NECESSITY THEREOF The City Council of the City of Tustin ("City"), by vote of two-thirds or more of its members, FINDS, DETERMINES, DECLARES, AND RESOLVES that: WHEREAS, City intends to construct the Edinger Avenue Improvements ("Project"), a public use, and, in connection therewith, acquire interests in certain real property. The Project is for a public use that is a function of City; and WHEREAS, City intends to construct the Project to make effective the principal purpose of street widening in compliance with the City's General Plan, including but not limited to property to be used for the protection or preservation of the attractiveness, safety, and usefulness of the Project as set forth in Code of Civil Procedure Section 1240.120(a); and WHEREAS, the Project requires the acquisition of fee interests and temporary construction easements in certain real property located at 1221 Edinger Avenue (APN 430- 252-09); and WHEREAS, City is authorized to acquire the parcel(s) described in Appendix A together with a map thereof, attached hereto and incorporated herein by this reference, and exercise the power of eminent domain for the public use set forth herein in accordance with the California Constitution and the California Eminent Domain Law, Code of Civil Procedure Section 1230.010 et seq. and pursuant to Streets and Highways Code Section 10102 (street right of way); Government Code Section 54031 (parking); Government Code Section 38730 (water facilities); Streets and Highways Code Section 5100 et seq. (Street Improvement Act acquisitions); and WHEREAS, the real property interests sought to be acquired for the Project consists of one parcel and is located within the territorial limits of City and is generally located on the north side of Edinger Avenue between the SR-55 Freeway and Red Hill Avenue; and WHEREAS, the plans for the Project are on file with the Director of Public Works of City; and 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, and summary of the basis for the amount established as just compensation for the real property and interests sought to be acquired; and WHEREAS, a reasonable length of time has expired since the date of the offers to the owners of the real property and interests therein sought to be acquired, and the owners have failed to favorably respond to the offers of the amounts established by City as just compensation; and WHEREAS, some or portions of the property and interests therein hereinafter described are being acquired as a "remnant" pursuant to Code of Civil Procedure Section 1240.410; and WHEREAS, some or portions of the property and interests therein hereinafter described are being acquired for a compatible joint use pursuant to Code of Civil Procedure Section 1240.510; and WHEREAS, the Project is part of the City's Capital Improvement Program, and on August 5, 2002, the City Council of the City, adopted Resolution No. 02-77 exempting the acquisitions required by the Project from the provisions of Government Code, Section 65402; and WHEREAS, on April 16, 2001 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 May 8, 2001 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 6 7 8 ~0 12 13 14 15 17 18 2O 22 23 24 2~ 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. 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. 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: 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; To acquire the property in fee simple absolute unless a lesser estate is described in Appendix A; 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; 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 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: COUNCILMEMBERAYES: 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. Exhibit "A" B. Exhibit "A" Appendix A CONTENTS Legal Description Parcel 10004 (Samuel I. Russell Trust) Legal Description Parcel 10004.1 Temporary Construction Easement (Samuel I. Russell Trust) -5- RBF Consulting 14725 Alton Parkway 1trine, California 92618 EXHIBIT "A" LEGAL DESCRIPTION Revised July 10, 2002 JN 10-034145.06 Page I of ! EDZNGER AVENUE PARCEL 10004 (SAMUEL I. RUSSELL TRUST.) That certain parcel of land situated in the City of Tustin, County of Orange, State of California, being that portion of Lot 65, Block 10 of Irvine's Subdivision as shown on a map thereof filed in Book 1, Page 88 of Miscellaneous Records Maps in the Office of the County Recorder of said Orange County, included within a strip of land 1.524 meters wide, the southwesterly line of which is described as follows: BEGINNING at the most northerly corner of Parcel 123 as described in an Irrevocable Offer to Convey Easement to the County of Orange, recorded January 14, 1972 in Book 9966, Page 722 of Official Records in said Office of the Orange County Recorder; thence along the northeasterly line of said parcel South 49°21'05' East 83.454 meters to the southeasterly line of the land described in the Grant Deed to John M. Robertson recorded March 2, 1962 in Book 6025, Page 580 of Official Records in said Office of the County Recorder of Orange County; Said strip of land shall be lengthened or shortened so as to terminate northwesterly in the northwesterly line and southeasterly in the southeasterly line of said land of John M. Robertson. CONTAINING: 127.184 Square Meters, more or less. Unless otherwise noted, all bearings and distances in this description are metric ground based on the California Coordinate System, (CCC83) Zone VI NAD 1983 (1991.35 O.C.S. GPS Adjustment) SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EX)IBIT "B" attached and by this reference made a part hereof. Gregory A. Helmer, P.L.S. 5134 SCALE-- 1:500 .~, ,,., EDNGER A VENUE PARCEL 10004 (SANUEL L RUSSELL TRUSL) CONTAINING 127, 102 SOUARE ~ETERS + SHEET I OF I SHEET RE¥[S~D JUL)' 10, 2.002 J,N, 10-034145-6 ' · I~RP5~PDATA 1,341451DIIGIEXHIBIT$1145~(O06.DYf8 RBF CONSULTING 14725 Alton Parkway Irvine, California 92618 EXHIBIT "A" LEGAL DESCRIPTION Revised November 7, 2002 October 24, 2001 JN 10-034145.23 Page i of 2 EDINGER AVENUE PARCEL 10004.1 TEMPORARY CONSTRUCTION EASEMENT (SAMUEL I. RUSSELL TRUST) That certain parcel of land situated in the City of Tustin, County of Orange, State of California, being that portiom of Lot 65, Block 10 of Irvine's Subdivision as shown on a map thereof filed in Book 1, Page 88 of Miscellaneous Records Maps in the Office of the County Recorder of said Orange County, included within a strip of land 4.500 meters wide, the southwesterly line of which is described as follows: COMMENCING at the most easterly corner of Parcel 105 as described in an Easement Deed to the County of Orange, recorded March 19, 1962 in Book 6043, Page 396 of Official Records in said Office of the Orange County Recorder, said corner being in the southeasterly line of the land described in the Grant Deed to John M. Robertson recorded March 2, 1962 in Book 6025, Page 580 of Official Records in said Office of the Orange County Recorder; thence along said southeasterly line North 40°38'30" East 4.572 meters to a line parallel with 4.572 meters northeasteriy of'thenortheasterly line of said Parcel t05 and the TRUE POINT OF BEGINNING; thence along said parallel line North 49°21'05'~ West 39.195 meters to a point hereinafter referred to as Point "A"; 'thence continuing along said parallel'line North 49°21'05" West 44.260 meters to the northwesterly line of said land of John M. Robertson. Said strip of land shall be lengthened or shortened southeasterly and northwesterly so as to terminate in said southeasterly and northwesterl~ iines of the land of John M. Robertson. TOGETHER WITH a strip of land 15.657 meters wide, the southwesterly line of which is described as follows: RBF Consulting Edinger Avenue Parcel 20004.1 Temporary Construction Easement Page 2 of Z (Samuel I. Russell Trust) EXHIBIT "A" Revised November 7, 2002 October 24, Z001 ON 10-034145.23 Page Z of Z BEGINNING at said Point "A"; thence North 49°21'05''' West 12.000 meters. Unless otherwise noted, all bearings and distances in this description are metric ground based on the California Coordinate System, (CCC83) Zone VI NAD 1983 (1991.35 O.C.S. GPS Adjustment) CONTAINING: 509.438 Square Meters (5484 Square Feet) more or less. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record, EXHIBIT "B" attached and by this reference made a part hereof. John(j~. Pfei 5329 5329 EXP, 12-31-2003 LOT SCALE= :500 EXHIBIT SKETCH TO ACCOWPANY A LEGAL DESCRIPTION FOR EDINGER AVENUE PARCEL 10004. ! TE~4PORARY CONSTRUCTION EASEIWENT 'SAI/UEL I. RUSSELL TRUST.) CONTAINING 509.458 SOUARE IWETERS +/- T.P.O.B. 4. 572m SHEET ! OF ! SHEET REVISED NOVE~R 14, 2002 REFISED OCTOBER 24, 2002 J.N. 1~34145 H' ~ATA~J4145.GS~D~G~E~IBI~T~ 14~021.D~ Office of the City Manager March 17, 2003 Mr. Samuel I. Russell Mr. Michael P. Russell P.O. Box 13450 Palm Desert, CA 92255 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] Edinger Avenue Widening Project (CIP 7147) Property: 1221 Edinger 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 Edinger Avenue Widening Project between the SR-55 Freeway and 1,400 feet east of Red Hill Avenue (CIP 7147). A description of the property being considered for acquisition marked Appendix A accompanies the proposed Resolution of Necessity, attached to this Notice as Exhibit A (which property shall be referred to herein as the Property). 2. Notice of Your Right to Appear and be Heard. Please take notice that the City Council of City, at a regular meeting to be held on Monday, 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; Russell & Russell 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). Russell & Russell 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 fiJe 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. Russell & Russell 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 Project -Active\7147 - Edinger Ave. Widening~Acquisition~Jackson-Russell Eminent Domain 1 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. 03-12 EXHIBIT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, STATE OF CALIFORNIA, AUTHORIZING AND DIRECTING THE CITY A'I-FORNEY AND/OR SPECIAL LEGAL COUNSEL TO ACQUIRE BY CONDEMNATION CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF TUSTIN, STATE OF CALIFORNIA, AND TO OBTAIN IMMEDIATE POSSESSION THEREOF FOR THE EDINGER AVENUE WIDENING PROJECT (CIP 7147) AND DECLARING THE PUBLIC CONVENIENCE AND NECESSITY THEREOF The City Council of the City of Tustin ("City"), by vote of two-thirds or more of its "nembers, FINDS, DETERMINES, DECLARES, AND RESOLVES that: WHEREAS, City intends to construct the Edinger Avenue Improvements ("Project"), a public use, and, in connection therewith, acquire interests in certain real property. The Project is for a public use that is a function of City; and WHEREAS, City intends to construct the Project to make effective the principal purpose of street widening in compliance with the City's General Plan, including but not limited to property to be used for the protection or preservation of the attractiveness, safety, and usefulness of the Project as set forth in Code of Civil Procedure section 1240.120(a); and WHEREAS, the Project requires the acquisition of fee interests and temporary construction easements in certain real property located at 1221 Edinger Avenue (APN 430- 252-09); and WHEREAS, City is authorized to acquire the parcel(s) described in Appendix A together with a map thereof, attached hereto and incorporated herein by this reference, and exercise the power of eminent domain for the public use set forth herein in accordance with the California Constitution and the California Eminent Domain Law, Code of Civil Procedure Section 1230.010 et seq. and pursuant to Streets and Highways Code Section 10102 (street right of way); Government Code Section 54031 (parking); Government Code Section 38730 (water facilities); Streets and Highways Code Section 5100 et seq. (Street Improvement Act acquisitions); and WHEREAS, the real property interests sought to be acquired for the Project consists of one parcel and is located within the territorial limits of City and is generally located on the north side of Edinger Avenue between the SR-55 Freeway and Red Hill Avenue; and WHEREAS, the plans for the Project are on file with the Director of Public Works of City; and 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, and summary of the basis for the amount established as just compensation for the real property and interests sought to be acquired; and WHEREAS, a reasonable length of time has expired since the date of the offers to the owners of the real property and interests therein sought to be acquired, and the owners have failed to favorably respond to the offers of the amounts established by City as just compensation; and WHEREAS, some or portions of the property and interests therein hereinafter described are being acquired as a "remnant" pursuant to Code of Civil Procedure section 1240.410; and WHEREAS, some or portions of the property and interests therein hereinafter described are being acquired for a compatible joint use pursuant to Code of Civil Procedure section 1240.510; and WHEREAS, the Project is part of the City's Capital Improvement Program, and on August 5, 2002, the City Council of the City, adopted Resolution No. 02-77 exempting the acquisitions required by the Project from the provisions of Government Code, section 65402; and WHEREAS, on May 8, 2001 pursuant to Public Resources Code section 21000, et seq., the California Environmental Quality Act ("CEQA"), the City filed a Notice of Determination under CEQA with the County Clerk of the County of Orange, California; and WHEREAS, pursuant to the provisions of Code of Civil Procedure, section 1245.235, on 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 ~lace 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. 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. 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: 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; 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 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; 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 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 Exhibit "A" Exhibit "A" Appendix A CONTENTS Legal Description Parcel 10004 (Samuel I. Russell Trust) Legal Description Parcel 10004.1 Temporary Construction Easement (Samuel I. Russell Trust) RBF Consulting 14725 Alton Parkway Irvine, California 92618 EXHIBIT "A" LEGAL DESCRIPTION Revised July 10, 2002 JN 10-034145.06 Page I of i EDINGER AVENUE PARCEL 10004 (SAMUEL I. RUSSELL TRUST.) That certain parcel of land situated in the City of Tustin, County of Orange, State of California, being that portion of Lot 65, Block 10 of Irvine's Subdivision as shown on a map thereof filed in Book 1, Page 88 of Miscellaneous Records Maps in the Office of the County Recorder of said Orange County, included within a strip of land 1.524 meters wide, the southwesterly line of which is described as follows: BEGINNING at the most northerly corner of Parcel 123 as described in an Irrevocable Offer to Convey Easement to the County of Orange, recorded January 14, 1972 in Book 9966, Page 722 of Official Records in said Office of the Orange County Recorder; thence along the northeasterly line of said parcel South 49°21'05'' East 83.454 meters to the southeasterly line of the land described in the Grant Deed to John M. Robertson recorded March 2, 1962 in Book 6025, Page 580 of Official Records in said Office of the County Recorder of Orange County; Said strip of land shall be lengthened or shortened so as to terminate northwesterly in the northwesterly line and southeasterly in the southeasterly line of said land of John M. Robertson. CONTAINING: 127.184 Square Meters, more or less. Unless otherwise noted, all bearings and distances in this description are metric ground based on the California Coordinate System, (CCC83) Zone VI NAD 1983 (1991.35 O.C.S. GPS Adjustment) SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached and by this reference made a part hereof. SCALE= 1:500 .~. EDINGER A VENUE PARCEL 10004 (SAMUEL L RUSSELL T~USr.) CONTAIN/N~ ~27.102 SOUARE ~ET£RS + SHEET I OF I SHEET RD/IS~ JULY lO, 2OO2 J.N. ~0-~45-~ ~' II~PSIPDATA I341451D~GtEXHIBITS~ 14,.SEXOOO.D~ RBF CONSULTING 14725 Alton Parkway Irvine, California 92618 EXHIBIT "A" LEGAL DESCRIPTION Revised November 7, 2002 October 24, 2001 JN 10-034145.23 Page i of 2 EDINGER AVENUE PARCEL 10004.1 TEMPORARY CONSTRUCTION EASEMENT (SAMUEL I. RUSSELL TRUST) That certain parcel of land situated in the City of Tustin, County of Orange, State of California, being that portion of Lot 65, Block 10 of Irvine's Subdivision as shown on a map thereof filed in Book t, Page 88 of Miscellaneous Records Maps in the Office of the County Recorder of said Orange County, included within a strip of land 4.500 meters wide, the southwesterly line of which is described as follows: COMMENCING at the most easterly corner of Parcel 105 as described in an Easement Deed to the County of Orange, recorded March 19, 1962 in Book 6043, Page 396 of Official Records in said Office of the Orange County Recorder, said corner being in the southeasterly line of the land described in the Grant Deed to John M. Robertson recorded March 2, 1962 in Book 6025, Page 580 of Official RecoPds in said Office of the Orange County Recorder; thence along said southeasterly line North 40°38'30' East 4.572 meters to a line parallel with 4.572 meters northeasteriy of'thenortheasterly line of said Parcel 105 and the TRUE POINT OF BEGINNING; thence along said parallel line North 49°21'05" West 39.195 meters to a point hereinafter referred to as Point "A"; 'thence continuing along said parallel line North 49°21'05" West 44.260 meters to the northwesterly line of said land of John M. Robertson. Said strip of land shall be lengthened or shortened southeasterly and northwesterly so as to terminate in said southeasterly and northwesterl~ lines of the land of John M. Robertson. TOGETHER WITH a strip of land 15.657 meters wide, the southwesterly line of which is described as follows: RBF Consulting Edinger Avenue Parcel 10004.1 Temporary Construction Easement Page 2 of 2 (Samuel 1. Russell Trust) EXHIBIT "A" Revised November 7, 2002 October 24, 2001 JN 10-034145.23 Page 2 of 2 BEGINNING at said Point "A"; thence North 49~21'05" West 12,000 meters. Unless otherwise noted, all bearings and distances in this description are metric ground based on the California Coordinate System, (CCC83) Zone VI NAD 1983 (1991.35 O.C,S. GPS Adjustment) CONTAINING: 509.438 Square Meters (5484 Square Feet) more or less, SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached and by this reference made a part hereof. John~. Pfeifer,~ L~.S. 5329 §329 EXP, 12-31-2003 SCALE= 1:500 EXHIBIT'B" SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR EDINGER AVENUE PARCEL IO00,L ! TE~(PORARY CONSTRUCTION EASEI~ENT (SA~iUEL L RUSSELL TRUST..) CONTAINING 509.458 SQUARE ~ETERS +/- T.P.O.B, 572m ~EET I OF I S~EET ~IS~ ~ 14, 2~2 R~IS~ ~T~ 2~, 2~2 J.N. 1 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. (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 ~'eadily 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) delivered such envelope(s) by hand to the offices of the addressee(s). (STATE) I declare that I am employed in the office of the CITY OF TUSTIN at whose direction the service was made. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. (FEDERAL) I declare that I am employed in the office of the CITY OF TUSTIN at whose direction the service was made. I declare under penalty of perjury under the laws of the United States of America that the above is true and correct. Executed on 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 George Y. Young and William Y. Young 1231 Edinger Avenue APN 430-263-01 Resolution No. 03-13 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. 03-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, STATE OF CALIFORNIA, AUTHORIZING AND DIRECTING THE CITY ATTORNEY AND/OR SPECIAL LEGAL COUNSEL TO ACQUIRE BY CONDEMNATION CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF TUSTIN, STATE OF CALIFORNIA, AND TO OBTAIN IMMEDIATE POSSESSION THEREOF FOR THE EDINGER AVENUE WIDENING PROJECT (CIP 7147) AND DECLARING THE PUBLIC CONVENIENCE AND NECESSITY THEREOF The City Council of the City of Tustin ("City"), by vote of two-thirds or more of its members, FINDS, DETERMINES, DECLARES, AND RESOLVES that: WHEREAS, City intends to construct the Edinger Avenue Improvements ("Project"), a public use, and, in connection therewith, acquire interests in certain real property. The Project is for a public use that is a function of City; and WHEREAS, City intends to construct the Project to make effective the principal purpose of street widening in compliance with the City's General Plan, including but not limited to property to be used for the protection or preservation of the attractiveness, safety, and usefulness of the Project as set forth in Code of Civil Procedure Section 1240.120(a); and WHEREAS, the Project requires the acquisition of fee interests and temporary construction easements in certain real property located at 1231 Edinger Avenue (APN 430- 263-01); 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 north side of Edinger Avenue between the SR-55 Freeway and Red Hill Avenue; and WHEREAS, the plans for the Project are on file with the Director of Public Works of City; and 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, and summary of the basis for the amount established as just compensation for the real property and interests sought to be acquired; and WHEREAS, a reasonable length of time has expired since the date of the offers to the owners of the real property and interests therein sought to .be acquired, and the owners have failed to favorably respond to the offers of the amounts established by City as just compensation; and WHEREAS, some or portions of the property and interests therein hereinafter described are being acquired as a "remnant" pursuant to Code of Civil Procedure Section 1240.410; and WHEREAS, some or portions of the property and interests therein hereinafter described are being acquired for a compatible joint use pursuant to Code of Civil Procedure Section 1240.510; and WHEREAS, the Project is part of the City's Capital Improvement Program, and on August 5, 2002, the City Council of the City, adopted Resolution No. 02-77 exempting the acquisitions required by the Project from the provisions of Government Code, Section 65402; and WHEREAS, on April 16, 2001 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 May 8, 2001 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. 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. 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 statementJsummary 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: 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; To acquire the property in fee simple absolute unless a lesser estate is described in Appendix A; 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 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 A. 4 B. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Exhibit "A" Exhibit "A" Appendix A CONTENTS Legal Description Parcel 10005 (George Y. Young, et al) Legal Description Parcel 10005.1 Temporary Construction Easement (George Y. Young, et al) -5- ROBERT BEIN, WILLIA~ FROST & ASSOCIATES 14725 Alton Parkway Zrvine, California 92618 EXHIBIT "A" LEGAL DESCRZPTION August 31, 1999 JN 10-034145.05 Page 1 of 1 EDZNGER AVENUE PARCEL 10005 (GEORGE Y. YOUNG, ET AL) That certain parcel of land situated in the City of Tustin, County of Orange, State of California, being that portion of Lots 65 and 66, Block 10 of Irvine's Subdivision as shown on a map thereof filed in Book 1, Page 88 of Miscellaneous Record Maps in the Office of the County Recorder of said Orange County, included within a strip of land 4.571 meters wide, the southwesterly line of which is described as follows: BEGINNZNG at the most northerly corner of the land described in an Easement Deed to the County of Orange recorded June 15, 1961, in Book 5755, Page 804 of Official Records, said corner also being in the northwesterly line of the land described in a Grant Deed to Orco Cooperative Warehouse, Inc. recorded April 24, 1961, in Book 5698, Page 753 in Official Records, both in said Office of the Orange County Recorder; thence along the northeasterly line of said land described in the Easement Deed South 49°21'05't East 31.107 meters to the southeasterly line of said land described in the Grant Deed. Said strip of land shall be lengthened or shortened northwesterly and southeasterly so as to terminate in said northwesterly and southeasterly lines of the land of Orco Cooperative Warehouse, Inc. CONTAZNZNG: 144.611 square meters, more or less. Unless otherwise noted, all bearings and distances in this description are metric ground based on the California Coordinate System, (CCC83) Zone VI NAD 1983 (1991.35 O.C.S. GPS Adjustment) SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached and by this reference made a part hereof. L LS 6310 ' ~Exp. 9130102 ~ CA~ Kevin ~~.S. 6310 550, _~'LOCK ~0 ~ ~X~t~tr' \ £E~A; DESCRIPTION FOR EDINGER A VENUE P~RCEL 10005 ~ (OEOROE Y. YOUNG ET AL) CONTA[NINO 14~.~ SQUARE WETENS ~ £Ocj]< 55£B, P&. 752, 0.,~. ~ N ~N,~LE= 1:500 SHEET I OF I SHEETS Robert-Bei~,~illimm F~o~t H: IGRPSIPDATA13~ I451O~'~IE;C~;IBITS~ I45EKDOT. fi~ RBF CONSULTING 14725 Alton Parkway Irvine, California 92618 EXHIBIT "A" LEGAL DESCRIPTION Revised November 7, 2002 October 24, 2001 JN 10-034145.24 Page 1 of I EDINGER AVENUE PARCEL 10005.1 TEMPORARY CONSTRUCTION EASEMENT (GEORGE Y. YOUNG, ET AL) That certain parcel of land situated in the City of Tustin, County of Orange, State of California, being that portion of Lots 65 and 66, Block 10 of Irvine's Subdivision as shown on a map thereof filed in Book 1, Page 88 of Miscellaneous Record Maps in the Office of the County Recorder of said Orange County, included within a strip of land 4.500 meters wide, the southwesterly line of which is parallel with and 4.571 meters northeasterly of the following described line: BEGINNING at the most northerly corner of the land described in an Easement Deed to the County of Orange recorded June 15, 1961, in Book 5755, Page 804 of Official Records, said corner also being in the northwesterly line of the land described in a Grant Deed to Orco Cooperative Warehouse, Inc. recorded April 24, 1961, in Book 5698, Page 753 in Official Records, both in said Office of the Orange County Recorder; thence along the northeasterly line of said land described in the Easement Deed South 49°21'05" East 31.107 meters to the southeasterly line of said land described in the Grant Deed. Said strip of land shall be lengthened or shortened northwesterly and southeasterly so as to terminate in said northwesterly and southeasterly lines of the land of Orco Cooperative Warehouse, Inc. CONTAINING: 147.607 Square Meters (1589 Square Feet), more or less. Unless otherwise noted, all bearings and distances in this description are metric ground based on the California Coordinate System, (CCC83) Zone VI NAD 1983 (1991.35 O.C.S. GPS Adjustment) SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached and by this reference made a part hereof. John W<~Pfeifer, L\.S~ 5329 532~ EXP, 12-31-2003 LD-/ ¢5 -_/ / ~ o LECAI DESCRIPTION FO~ EDINGER AVENUE PARCEL 10005. 1 TEmPORArY CONSTRUCTION EASEMENT SCALE=1:500 SHEET I OF I SHEET Office of the City Manager March 17, 2003 Mr. George Y. Young Mr. William Y. Young 1231 Edinger Avenue 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] Edinger Avenue Widening Project (CIP 7147) Property: 1231 Edinger 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 Edinger Avenue Widening Project between the SR-55 Freeway and 1,400 feet east of Red Hill Avenue (CIP 7147). A description of the property being considered for acquisition marked Appendix A accompanies the proposed Resolution of Necessity, attached to this Notice as Exhibit A (which property shall be referred to herein as the Property). 2. Notice of Your Right to Appear and be Heard. Please take notice that the City Council of City, at a regular meeting to be held on Monday, 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; Young & Young 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). Young & Young 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. Young & Young 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. Wili~am A Huston, City M~nager 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 Project -Active\7147 - Edinger Ave. Widening~AcquisitionWoung Eminent Domain 3 4 5 6 7 8 9 10 11 12 13 1 2 RESOLUTION NO. 03-13 EXHIBIT A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, STATE OF CALIFORNIA, AUTHORIZING AND DIRECTING THE CITY A~-FORNEY AND/OR SPECIAL LEGAL COUNSEL TO ACQUIRE BY CONDEMNATION CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF TUSTIN, STATE OF CALIFORNIA, AND TO OBTAIN IMMEDIATE POSSESSION THEREOF FOR THE EDINGER AVENUE WIDENING PROJECT (CIP 7147) AND DECLARING THE PUBLIC CONVENIENCE AND NECESSITY THEREOF The City Council of the City of Tustin ("City"), by vote of two-thirds or more of its members, FINDS, DETERMINES, DECLARES, AND RESOLVES that: WHEREAS, City intends to construct the Edinger Avenue Improvements ("Project"), a public use, and, in connection therewith, acquire interests in certain real property. The Project is for a public use that is a function of City; and 14 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 15 limited to property to be used for the protection or preservation of the attractiveness, safety, 16 and usefulness of the Project as set forth in Code of Civil Procedure section 1240.120(a); and 17 WHEREAS, the Project requires the acquisition of fee interests and temporary 18 construction easements in certain real property located at 1231 Edinger Avenue (APN 430- 19 263-01); and 20 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 21 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 22 Section 1230.010 etseq, and pursuant to Streets and Highways Code Section 10102 (street right of way); Government Code Section 54031 (parking); Government Code Section 38730 23 (water facilities); Streets and Highways Code Section 5100 et seq. (Street Improvement Act 24 acquistons); and 25 26 27 28 WHEREAS, the real property interests sought to be acquired for the Project consists of one parcel and is located within the territorial limits of City and is generally located on the north side of Edinger Avenue between the SR-55 Freeway and Red Hill Avenue; and WHEREAS, the plans for the Project are on file with the Director of Public Works of City; and 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, and summary of the basis for the amount established as just compensation for the real property and interests sought to be acquired; and WHEREAS, a reasonable length of time has expired since the date of the offers to the owners of the real property and interests therein sought to be acquired, and the owners have failed to favorably respond to the offers of the amounts established by City as just compensation; and WHEREAS, some or portions of the property and interests therein hereinafter described are being acquired as a "remnant" pursuant to Code of Civil Procedure section 1240.410; and WHEREAS, some or portions of the property and interests therein hereinafter described are being acquired for a compatible joint use pursuant to Code of Civil Procedure section 1240.510; and WHEREAS, the Project is part of the City's Capital Improvement Program, and on August 5, 2002, the City Council of the City, adopted Resolution No. 02-77 exempting the acquisitions required by the Project from the provisions of Government Code, section 65402; and WHEREAS, on May 8, 2001 pursuant to Public Resources Code section 21000, et seq., the California Environmental Quality Act ("CEQA"), the City filed a Notice of Determination under CEQA with the County Clerk of the County of Orange, California; and WHEREAS, pursuant to the provisions of Code of Civil Procedure, section 1245.235, on 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 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. 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. 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: 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; 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 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; 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 Tustir 3n 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 A. 4 B. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Exhibit "A" Exhibit "A" Appendix A CONTENTS Legal Description Parcel 10005 (George Y. Young, et al) Legal Description Parcel 10005.1 Temporary Construction Easement (George Y. Young, et al) -5- ROBERT BEZN, WILLIAM FROST & ASSOCIATES 14725 Alton Parkway Irvine, California 92618 EXHIBIT "A" LEGAL DESCRIPTION August 3I, 1999 JN 10-034145.05 Page i of i EDINGER AVENUE PARCEL 10005 (GEORGE Y. YOUNG, ET AL) That certain parcel of land situated in the City of Tustin, County of Orange, State of California, being that portion of Lots 65 and 66, Block 10 of Irvine's Subdivision as shown on a map thereof filed in Book 1, Page 88 of Miscellaneous Record Maps in the Office of the County Recorder of said Orange County, included within a strip of land 4.571 meters wide, the southwesterly line of which is described as follows: BEGINNING at the most northerly corner of the land described in an Easement Deed to the County of Orange recorded June 15, 1961, in Book 5755, Page 804 of Official Records, said corner also being in the northwesterly line of the land described in a Grant Deed to Orco Cooperative Warehouse, Inc. recorded April 24, 1961, in Book 5698, Page 753 in Official Records, both in said Office of the Orange County Recorder; thence along the northeasterly line of said land described in the Easement Deed South 49°21'05,' East 31.107 meters to the southeasterly line of said land described in the Grant Deed. Said strip of land shall be lengthened or shortened northwesterly and southeasterly so as to terminate in said northwesterly and southeasterly lines of the land of Orco Cooperative Warehouse, Inc. CONTAINING: 144.611 square meters, more or less. Unless otherwise noted, all bearings and distances in this description are metric ground based on the California Coordinate System, (CCC83) Zone VI NAD 1983 (1991.35 O.C.S. GPS Adjustment) SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached and by this reference made a part hereof. ~ LS 6210 ' ~X,. Exp. 9 / 80 / 02 Kevin D.~H~g'~,I~rY¢.L.S. 6310 BOO/( 5595, pr=,. 75.3, / :500 SK~-i'CH YO ACCOMPANY A ~' ,,,~ ~ I~GA(. D£$CRIP[ION fOR EDINGER A VENUE PARCEL 10005 ~ (GEOR~£ Y. YOUNG ET AL) CON~m/NG l~4.~f~ SOURCE ~E[ERS ~ SHEET I OF I SHEETS Rober~-~ein,~illiam Fros~ ~ RBF CONSULTING 14725 Alton Parkway Irvine, California 92618 EXHIBIT "A" LEGAL DESCRIPTION Revised November 7, ZOOZ October 24, 2001 JN 10-034145.24 Page 1 of i EDINGER AVENUE PARCEL 10005.1 TEMPORARY CONSTRUCTION EASEMENT (GEORGE Y. YOUNG, ET AL) That certain parcel of land situated in the City of Tustin, County of Orange, State of California, being that portion of Lots 65 and 66, Block 10 of Irvine's Subdivision as shown on a map thereof filed in Book 1, Page 88 of Miscellaneous Record Maps in the Office of the County Recorder of said Orange County, included within a strip of land 4.500 meters wide, the southwesterly line of which is parallel with and 4.571 meters northeasterly of the following described line: BEGINNING at the most northerly corner of the land described in an Easement Deed to the County of Orange recorded June 15, 1961, in Book 5755, Page 804 of Official Records, said corner also being in the northwesterly line of the land described in a Grant Deed to Orco Cooperative Warehouse, Inc. recorded April 24, t961, in Book 5698, Page 753 in Official Records, both in said Office of the Orange County Recorder; thence along the northeasterly line of said land described in the Easement Deed South 49°21'05" East 31.107 meters to the southeasterly line of said land described in the Grant Deed. Said strip of land shall be lengthened or shortened northwesterly and southeasterly so as to terminate in said northwesterly and southeasterly lines of the land of Orco Cooperative Warehouse, Inc. CONTAINING: 147.607 Square Meters (1589 Square Feet), more or less. Unless otherwise noted, all bearings and distances in this description are metric ground based on the California Coordinate System, (CCC83) Zone VI NAD 1983 (1991.35 O.C.S. GPS Adjustment) SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXRIBIT "B" attached and by this reference made a part hereof. John W~Pfeifer, L\.S~ 5329 i 5329 EXP 12-31-2003 EXHIBIT SKETCH TO AOCOWPANY A LEGAL DESCRIPTION FOR EDINGER AVENUE PARCEL 10005. ! TEWPORARY CONSTRUCTION EASEk/ENT (GEORGE Y. YOUNG ET AL) CONTAINING 147.607 SOUARE k/EI'ERS +/- I//5'/?/¥ CALE= 1 ;500 SHEET I OF I SHEET REVISED NOVb~ 7, 2002 O~TO~ 24. 2001 J.N. 10-0,~4145 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 Mamh 17, 2003, I served the foregoing document(s) described as Notice of Hearing Regarding Adoption of a Resolution of Necessity to Acquire Propert7 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 thebusiness 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. (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) delivered such envelope(s) by hand to the offices of the addressee(s). (STATE) I declare that I am employed in the office of the CITY OF TUSTIN at whose direction the service was made. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. (FEDERAL) I declare that I am employed in the office of the CITY OF TUSTIN at whose direction the service was made. I declare under penalty of perjury under the laws of the United States of America that the above is true and correct. Executed on March 17, 2003 at Tustin, California. Kat~'erine Barr Office Support Specialist Resolution of Necessity Appendix A to the Resolution of Necessity Notice of Intent to Adopt For SBC Pacific Bell. 1422 - 1472 Edinger Avenue APN 430-261-22 and 23 Resolution No. 03-14 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. 03-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, STATE OF CALIFORNIA, AUTHORIZING AND DIRECTING THE CITY ATTORNEY AND/OR SPECIAL LEGAL COUNSEL TO ACQUIRE BY CONDEMNATION CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF TUSTIN, STATE OF CALIFORNIA, AND TO OBTAIN IMMEDIATE POSSESSION THEREOF FOR THE EDINGER AVENUE WIDENING PROJECT (CIP 7147) AND DECLARING THE PUBLIC CONVENIENCE AND NECESSITY THEREOF The City Council of the City of Tustin ("City"), by vote of two-thirds or more of its members, FINDS, DETERMINES, DECLARES, AND RESOLVES that: WHEREAS, City intends to construct the Edinger Avenue Improvements ("Project"), a public use, and, in connection therewith, acquire interests in certain real property. The Project is for a public use that is a function of City; and WHEREAS, City intends to construct the Project to make effective the principal purpose of street widening in compliance with the City's General Plan, including but not limited to property to be used for the protection or preservation of the attractiveness, safety, and usefulness of the Project as set forth in Code of Civil Procedure Section 1240.120(a); and WHEREAS, the Project requires the acquisition of fee interests and temporary construction easements in certain real property located at 1422 -1472 Edinger Avenue (APN 430-261-22 & 23); 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 south side of Edinger Avenue between the SR-55 Freeway and Red Hill Avenue; and WHEREAS, the plans for the Project are on file with the Director of Public Works of City; and 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, and summary of the basis for the amount established as just compensation for the real property and interests sought to be acquired; and WHEREAS, a reasonable length of time has expired since the date of the offers to the owners of the real property and interests therein sought to be acquired, and the owners have failed to favorably respond to the offers of the amounts established by City as just compensation; and WHEREAS, some or portions of the property and interests therein hereinafter described are being acquired as a "remnant" pursuant to Code of Civil Procedure Section 1240.410; and WHEREAS, some or portions of the property and interests therein hereinafter described are being acquired for a compatible joint use pursuant to Code of Civil Procedure Section 1240.510; and WHEREAS, the Project is part of the City's Capital Improvement Program, and on August 5, 2002, the City Council of the City, adopted Resolution No. 02-77 exempting the acquisitions required by the Project from the provisions of Government Code, Section 65402; and WHEREAS, on April 16, 2001 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 May 8, 2001 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 19, 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. 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. 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 statementJsummary 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: 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; To acquire the property in fee simple absolute unless a lesser estate is described in Appendix A; 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 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: COUNCILMEMBERAYES: COUNClLMEMBER 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 20 21 22 23 24 25 26 27 28 A. Exhibit "A" B. Exhibit "A" Appendix A CONTENTS Legal Description Parcel 10009, Parcel 10009.1, Parcel 10009.2 and Parcel 10009.3 (Pacific Bell) Legal Description Parcel 10009.6, Parcel 10009.7, and Parcel 10009.8 Temporary Construction Easement (Pacific Bell) -5- ROBERT BEIN, WILLIAM FROST & ASSOCIATES 147Z5 Alton Parkway Irvine, California 92618 EXHIBIT "A" LEGAL UESCRIPTION Revised December 7, 1999 August 31, 1999 3N 10-034145.11 Page i of 6 EDINGER AVENUE PARCELIO009, PARCEL 10009.1 , PARCEL 10009.2 and PARCEL 10009.3 (PACIFIC BELL) Those certain parcels of land situated in the City of Tustin, County of Orange, State of California, being those portions of Lot 66, Block 10 of Irvine's Subdivision as shown on a map thereof filed in Book t, Page 88 of Miscellaneous Records Maps in the Office of the County Recorder of said Orange County, described as follows: PARCEL 10009 BEGINNING at the intersection of the northwesterly line of Parcel 1 as described in the Corporation Grant Deed to The Pacific Telephone and Telegraph Company recorded December 29, 1983, as Instrument No. 83-589655 of Official Records with the southwesterly line right-of-way line of Edinger Avenue as described in the Corporation Grant Deed to the City of Tustin recorded May 22, 1985, as Instrument No. 85-187048 of Official Records, both in said Office of the Orange County Recorder; thence along said southwesterly right-of-way line through the following courses: South 49°21'05' East 60.421 meters to the beginning of a tangent curve concave southwesterly and having a radius of 43.891 meters; thence along said curve southeasterly 8.664 meters through a central angle of 11°18,36"; thence tangent from said curve South 38°02'29'' East 3.424 meters to a point in a line parallel with and 1.524 meters southwesterly of that certain course described hereinbefore as "South 49°21'05" East 60.421 meters", said point is hereinafter referred to as Point "A"; thence leaving said southwesterly 'right-of-way line, along said parallel line North 49°21'02" West 72.387 meters to said northwesterly line of the land of The EXHIBIT "A" Robert Bein, William Frost & Associates Edinger Avenue Parcel 10009, Parcel lo00g.1 , Parcel 1000g.2 and Parcel 1000g.3 (Pacific Bell) Revised December 7, 1999 August 31, lggg an 10-034145.11 Page 2 of 6 Pacific Telephone and Telegraph Company; thence along said northwesterly line North 40038'30'' East 1.524 meters to the POINT OF BEGINNING CONTAINING: 103.868 square meters, more or less. PARCEL 10009.1 COMMENCING at Point "A" described hereinbefore in Parcel 10009, said point being in the southwesterly line right-of-way line of Edinger Avenue as described in the Corporation Grant Deed to the City of Tustin recorded May 22, 1985, as Instrument No. 85-187048 of Official Records in said Office of the Orange County Recorder; thence along said southwesterly right-of-way line through the following courses: South 38002'29" East 5.991 meters to the beginning of a tangent curve concave northeasterly and having a radius of 49.378 meters; thence along said curve southeasterly 9.747 meters through a central angle of 11o18,36"; thence tangent from said curve South 49°21'05" East 25.908 meters to the beginning of a tangent curve concave southwesterly and having a radius of 4.877 meters; thence along said curve southeasterly 2.216 meters through a central angle of 26°02'13" to the TRUE POINT OFBEGINNING; thence continuing along said southwesterly right-of-way line and curve southerly 3.236 meters through a central angle of 38°01'01,, to a point in a line which bears South 04°18'22,' East from the TRUE POINT OF BEGINNING, said point is hereinafter referred to as Point "B"; thence leaving said southwesterly right-of-way line North 04°18'22,' West 3.177 meters to the TRUE POINT OF BEGINNING. £XHIBIT "A" Robert BeJn, William Frost & Associates Edinger Avenue Parcel [0009, Parcel [O00g.! , Parcel [o00g.z and Parcel [0009.3 (Pacific Bell) Revised December 7, 1999 August 3[, 1999 Jn 10-o34145.1! Page 3 of 6 CONTAINING 0.566 square meters, more or less. PARCEL 10009.2 COMMENCING at Point "B" described hereinbefore in Parcel 10009.1, said point being in the southwesterly right-of-way line of Edinger Avenue as described in the Corporation Grant Deed to the City of Tustin recorded May 22, 1985, as Instrument No. 85-187048 of Official Records in said Office of the Orange County Recorder, said point also being in a curve concave westerly and having a radius of 4.877 meters, a radial line of said curve from said point bears North 75°17'51" West; thence along said southwesterly line through the following courses: along said curve southerly 2.208 meters through a central angle of 25°56'46"; thence non-tangent from said curve South 61002'27" East 10.531 meters to an intersection with a line which bears South 49021'05" East from said Point "B", said intersection being the TRUE POINT OF BEGINNING; thence continuing along said southwesterly line through the following courses: South 61002'27" East 7.522 meters to a point on a non-tangent curve concave southerly and having a radius of 4.877 meters, a radial line of said curve from said point bears South 49°21'05,' East; thence along said curve northeasterly and easterly 7.661 meters through a central angle of 90°00'00"; thence tangent from said curve South 49°21'05" East 17.515 meters to a point in the southeasterly line of Parcel i as described in the Corporation Grant Deed to The Pacific Telephone and Telegraph Company recorded December 29, 1983, as Instrument No. 83-589655 of Official Records, said point is hereinafter referred to as Point "C"; thence leaving said southwesterly right-of-way line, along said southeasterly line South 40°38'30" West 1.524 meters to a line parallel with and 1.524 meters southwesterly, of that certain course described ~ereinbefore as EXHIBIT "A" Robert Bein, William Frost & Associates Edinger Avenue Parcel 10009, Parcel 10009,1 , Parcel 10009.2 and Parcel 10009.3 (Pacific Bell) Revised December 7, 1999 August 31, 1999 Jn 10-034145.11 Page 4 of 6 "South 49°21'05" East 17.515 meters"; thence along said parallel line North 4g°21'05' West 17.759 meters; thence South 85o38'55" West 6.897 meters' to a line which bears South 49021'05" East from said Point "B"; thence along said line North 49°21'05" West 7.122 meters to the TRUE POINT OF BEGIfiNING . CONTAINING: 45.339 square meters, more or tess. PARCEL 1000g.3 BEGIfiNING at Point "C" described hereinbefore in Parcel 10009.2, said point being in the southwesterly right-of-way line of Edinger Avenue as described in the Corporation Grant Deed to the City of Tustin recorded May 22, 1985, as Instrument No, 85-187048 of Official Record in said Office of the Orange County Recorder; thence along said right-of-way line through the following courses: South 49°21'05" East 94.386 meters to the beginning of a tangent curve concave westerly and having a radius of 4.877 meters; thence along said curve southeasterly and southerly 7.661 meters through a central angle of 90°00'00"; thence radially from said curve South 49°21'05" East 14.630 meters to a point on a non-tangent curve concave southerly and having a radius of 4.877 meters, a radial line of said curve from said point bears South 49°21'05" East; thence along said curve northeasterly and easterly 7.661 meters through a central angle of 90°00'00" to a point of compound curvature with a curve concave southwesterly and having a radius of 58.827 meters, a radial line of said curves from said point bears South 40°38'55'' West; EXHIB1'T "A" Robert Bein, William Frost & Associates Edinger Avenue Parcel 10009, Parcel 10009.1 , Parcel 10009.Z and Parcel 10009.3 (Pacific Bell) Revised December 7, 1999 August 31, 1999 Jn 10-034145.11 Page 5 of 6 thence along said curve southeasterly 8.759 meters through a central angle of 08°31'51"; thence tangent from said curve South 40°4g'14' East 9.309 meters to the beginning of a tangent curve concave northeasterly and having a radius of 64.313 meters; thence along said curve southeasterly 9.576 meters through a central angle of 08°31,51'; thence tangent from said curve South 4g°21'05' East 59.701 meters; thence South 04°21'20' East 11.201 meters to the northwesterly right-of-way line of Redhill Avenue as described in said Corporation Grant Deed to the City of Tustin; thence leaving said southwesterly right-of-way line, along said northwesterly right-of-way line South 40°39'21" West 2.441 meters; thence leaving said northwesterly right-of-way line North 04°21'20' West 11.206 meters to a line parallel with and 2.438 meters southwesterly of that certain course described hereinbefore as "South 49°21'05,, East 59.701 meters"; thence along said parallel line North 49°21'05' West 53.807 meters to the beginning of a tangent curve concave northeasterly and having a radius of 12.500 meters; thence along said curve northwesterly 2.409 meters through a central angle of 11°02'25"; thence tangent from said curve North 38°18'40' West 16.684 meters to the beginning of a tangent curve concave southwesterly and having a radius of 12.500 meters; thence along said curve northwesterly 2.409 meters through a central 11°02,25"; angle of EXHIBIT "A" Robert Bein, William Frost & Associates Edinger Avenue Parcel 10009, Pafcel 10009.1 , Parcel 10009.2 and Parcel 10009.3 (Pacific Bell) Revised December 7, 1999 August 31, 1999 3n 10-034145.11 Page 6 of 6 thence tangent from said curve North 49°21'05" West 12.252 meters; thence South 85°38'55" West 6.897 meters; thence North 49021'05" West 14.489 meters; thence North 04°21'05" West 6.897 meters to a line parallel with and 1.524 meters southwesterly of that certain course described hereinbefore as "South 49°21'05" East 94.386 meters"; thence along said parallel line North 4g°21'05' West 94.477 meters to the northwesterly line of Parcel 2 described in the Corporation Grant Deed to The Pacific Telephone and Telegraph Company recorded December 29, 1983, as Instrument No. 83-589655 of Official Records; thence along said northwesterly tine North 40o38'30'' East 1.524 meters to the POINT OF BEGINNING . CONTAINING: 379.441 square meters, more or less. Unless otherwise noted, all bearings and distances in this description are metric ground based on the California Coordinate System, (CCC83) Zone VI NAD 1983 (1991.35 O.C.S. GPS Adjustment) SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Records. EXNIBIT "B" attached and by this reference made a part hereof. L$ 6310 ' I Exp. 9/30102 Kevin D. McHugh, Jr L=8.664m~ 424m SCALE: 1:500 /]¥$T. NO. E,2-5~39655, POINT"A' o~ PCLP' O' C' · ~ooo9. ~ ~ ,a=11'18'36~ R=49.378m L=9. 747m /0 S US'9/I/I$1cj/V LOT ~ 5XHIE~IT SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR EDINGER AVENUE PARCEL 10009 : (PAClnC BELL) CONTAINING 105. B~$ SOUARE A4ETE£S ± SHEET I OF 3 SHEETS )~obert .~ein, WilJiam Fru$~ & Associates T.P. ~ PCL. 10009.2 -~' ~. / ~ / o ~ ~77m ~, L =7. 66 im PCL. 10009.2 (45.330me _+) PA;~CF_'/_ ] PE.E NO. 85-58~655, LO-/' 55 o\ EXHIBIT SK£TCH TO ACCOMPANY LEGAL DE$CRI?ITON FOR £DINGER AYENUE PARCEL 10009. I PARCEL 10009.2 (PAClnC PEAL) 1,524m ~ SHEET 2 OF Z SHEETS Robert.~Bein, Filliam Fro$~ k Associates ~rV. ~ 7, ~999 /MST. NO. £~-1~704£, 0.1~. SCALE= 1:1000 s4o'~8'55"w (RAP) ~ ~.-c.c. ~ F PABC£Z 2 PE/~ /ND-F. IVO. 11.206m EXHIBIT $1~.~i'CH TO ACCOMPANY LEGAL DE$CRI?TION FOR EDINGER A VENUE PARCEL 10009.3 (P~mnc ~LL) CO~TAmm~ ~Z~.~ SOURCE ~E~S IIVST. IVO. £5-IB7048, RE'V. DECEI~,~J~ 7, 1999 AUGUST $I, I999 RBF CONSULTZNG 147Z5 Alton Parkway Zrvine, California 92618 EXHIBIT "A" LEGAL DESCRIPTION Revised March 17, 2003 October Z4, ZOO1 JN 10-034145.18 Page I of 6 EDZNGER AVENUE PARCEL 10009.6, PARCEL 10009.7, AND PARCEL 10009.8 TEMPORARY CONSTRUCTION EASEMENT (SBC - PACIFIC BELL) Those certain parcels of land situated in the City of Tustin, County of Orange, State of California, being those portions of Lot 66, Block 10 of Irvine's Subdivision as shown on a map thereof filed in Book 1, Page 88 of Miscellaneous Records Maps in the Office of the County Recorder of said Orange County, described as follows: PARCEL 10009.6 A strip of land 4.500 meters wide, the northeasterly line of which is described as follows: COMMENCING at the intersection of the northwesterly line of Parcel 1 as described in the Corporation Grant Deed to The Pacific Telephone and Telegraph Company recorded December 29, 1983, as Instrument No. 83-589655 of Official Records with the southwesterly line right-of-way line of Edinger Avenue as described in the Corporation Grant Deed to the City of Tustin recorded May 22, 1985, as Instrument No. 85-187048 of Official Records, both in said Office of the Orange County Recorder; thence along said southwesterly right-of-way line through the following courses: South 49°21'05" East 60.421 meters to the beginning of a tangent curve concave southwesterly and having a radius of 43.891 meters; thence along said curve southeasterly 8.664 meters through a central angle of 11o18'36"; thence tangent from said curve South 38°02'29" East 3.424 meters to a point in a line parallel with and 1.524 meters southwesterly of that certain course RBF Consulting Edinger Avenue Parcel 10009.6, Parcel 10009.7 and Parcel 10009.8 Temporary Construction Easement (SBC - Pacific Bell) Revised March 17, 2003 October 24, ZOO1 gn 10-034~45.18 Page Z of 6 EXHIBIT "A" described hereinbefore as "South 49°21'05'' East 60.421 meters", said point is hereinafter referred to as Point "A"; thence continuing along said southwesterly right-of-way line through the following courses: South 38°02'29' East 5.991 meters to the beginning of a tangent curve concave northeasterly and having a radius of 49.378 meters; thence along said curve southeasterly 9.747 meters through a central angle of 11°18,36"; thence tangent from said curve South 49021'05" East 25.908 meters to the beginning of a tangent curve concave southwesterly and having a radius of 4.877 meters; thence along said curve southeasterly 5.452 meters through a central angle of 64°03'14' to a point hereinafter referred to as Point "B"; thence leaving said southwesterly right-of-way line non-tangent from said curve North 04°18'22" West 3.177 meters; thence North 04°17'36' West 3.714 meters to a line parallel with and 2.134 meters northeasterly of that certain course described hereinbefore as "South 49021'05" East 25.908 meters" and the TRUE POINT OF BEGINNING, said point is also hereinafter referred to as Point "C"; thence along said parallel line North 49°21'05' West 40.984 meters to said Point thence continuing along said parallel line North 49021'05" West 72.387 meters to said northwesterly line of the land of The Pacific Telephone and Telegraph Company. Said strip of land shall be lengthened or shortened northwesterly so as to terminate in said northwesterly line of the land of The Pacific Telephone and Telegraph Company. EXCEPTING TNEREFROM that portion included within said land described in the Corporation Grant Deed to the City of Tustin. CONTAINING: 436.447 Square Meters (4698 Square Feet) more or less. RBF Consulting Edinger Avenue Parcel 10009.6, Parcel 10009.7 and Parcel 10009.8 Temporary Construction Easement (SBC - Pacific Bell) Revised March 17, 2003 October 24, 2001 Jn 10-034145.18 Page 3 of 6 EXHIBIT "A" PARCEL lo00g.7 A strip of land 4.500 meters wide the northeasterly line of which is described as follows: COMMENCING at the intersection of the southwesterly right-of-way line of Edinger Avenue as described in the Corporation Grant Deed to the City of Tustin recorded May 22, 1985, as Instrument No. 85-187048 of Official Records in said Office of the Orange County Recorder with the southeasterly line of Parcel 1 as described in the Corporation Grant Deed to The Pacific Telephone and Telegraph Company recorded December 29, 1983, as Instrument No. 83-589655 of Official Records, in said Office of the Orange County Recorder, said intersection is hereinafter referred to as Point "D"; thence along said southeasterly line South 40°38'30" West 1.524 meters to a line parallel with and 1.524 meters southwesterly of that certain course described as "South 50°10'50" East 367.13 feet" in said Corporation Grant Deed to the City of Tustin and the TRUE POINT OF BEGINNING; thence along said parallel line North 49°21'05' West 17.759 meters; thence South 85°38'55' West 6.897 meters to a line which bears South 4g°21'05' East from Point "B" described hereinbefore in Parcel 10009.6; thence along said line North 49°21'05'' West 17.926 meters to said Point "B"; thence North 04°18'22" West 3.177 meters; thence North 04°17'36" West 3.714 meters to Point "C" described hereinbefore in said Parcel 10009.6. EXCEPTING THEREFROM that portion included within said Parcel 10009.6. EXCEPTING ALSO THEREFROM that portion included within said land described in the Corporation Grant Deed to the City of Tustin. Said strip of land shall be lengthened or shortened southeasterly so as to terminate in said southeasterly line of Parcel i. CONTAINING: 211.289 Square Meters (2274 Square Feet) more or less. RBF Consulting ,- Edinger Avenue Parcel 10009.6, Parcel 10002.7 and Parcel 10002.8 Temporary Construction Easement (SBC - Pacific Bell) EXHIBIT "A" PARCEL 10009.8 Revised March 17, Z003 October 24, Z001 Jn 10-034145.18 Page 4 of 6 A strip of land 4.500 meters wide the easterly and northeasterly lines of which are described as follows: COMMENCING at Point "D" described hereinbefore in Parcel 10009.7, said point being in the southwesterly right-of-way line of Edinger Avenue as described in the Corporation Grant Deed to the City of Tustin recorded May 22, 1985, as Instrument No. 85-187048 of Official Record in said Office of the Orange County Recorder; thence along said right-of-way line through the following courses: South 49°21'05" East 94.386 meters to the beginning of a tangent curve concave westerly and having a radius of 4.877 meters; thence along said curve southeasterly and southerly 7.661 meters through a central angle of 90°O0'DO"; thence radially from said curve South 49°21'05" East 14.630 meters to a point on a non-tangent curve concave southerly and having a radius of 4.877 meters, a radial line of said curve from said point bears South 49°21'05" East; thence along said curve northeasterly and easterly 7.661 meters through a central angle of 90°00'00" to a point of compound curvature with a curve concave southwesterly and having a radius of 58.827 meters, a radial line of said curves from said point bears South 40°38'55" West; thence along said curve southeasterly 8.759 meters through a central angle of 08o31,51-; thence tangent from said curve South 40°49'14,' East 9.309 meters to the beginning of a tangent curve concave northeasterly and having a radius of 64.313 meters; thence along said curve southeasterly 9.576 meters through a central angle of 08o31,51"; thence tangent from said curve South 49o21'05" East 59.701 meters; thence South 04o21'20'' East 11.201 meters to the northwesterly right-of-way line of Redhill Avenue as described in said Corporation Grant Deed to the City of Tustin; RBF Consulting Edinger Avenue Parcel 10009.6, Parcel 10009.7 and Parcel 10009.8 Temporary Construction Easement (SBC - Pacific Bell) EXHIBIT "A" Revised March 17, 2003 October 24, ZOO1 3n 10-034145.18 Page 5 of 6 thence leaving said southwesterly right-of-way line, along said northwesterly right-of-way line South 40°3g'21" West 2.441 meters the TRUE POINT OF BEGINNING; thence leaving said northwesterly right-of-way line North 04021'20" West 11.206 meters to a line parallel with and 2.438 meters southwesterly of that certain course described hereinbefore as "South 49o21'05" East 59.701 meters"; thence along said parallel line North 49o21'05" beginning of a tangent curve concave northeasterly meters; West 53.807 meters to the and having a radius of 12.500 thence along said curve northwesterly 2.409 meters through a central angle of 11°02'25"; thence tangent from said curve North 38°18~40" West 16.684 meters to the beginning of a tangent curve concave southwesterly and having a radius of 12.500 meters; thence along said curve northwesterly 2.409 meters through a central angle of 11°02'25"; thence tangent from said curve North 49°21'05' West 12.252 meters; thence South 85o38'55" West 6.897 meters; thence North 49°21'05" West 14.489 meters; thence North 04o21'05" West 6.897 meters to a line parallel with and 1.524 meters southwesterly of that certain course described hereinbefore as "South 49°21'05" East 94.386 meters"; thence along said parallel line North 49°21'05" West 94.477 meters to the northwesterly line of Parcel 2 described in the Corporation Grant Deed to The Pacific Telephone and Telegraph Company recorded December 29, lg83, as Instrument No. 83-589655 of Official Records. Said strip of land shall be lengthened or shortened so as to terminate southerly in northwesterly right-of-way line of Redhill Avenue and terminate northwesterly in said northwesterly line of Parcel 2. CONTAINING: 998.679 Square Meters (10,750 Square Feet) more or less. Unless otherwise noted, all bearings and distances in this description are metric RBF Consulting Edinger Avenue Parcel 10009.6, Parcel 10009.7 and Parcel 1000g.8 Temporary Construction Easement (SBC - Pacific Bell) EXHIBIT "A" ground based on the California Coordinate System, {lggl.35 O.C.S. GPS Adjustment} Revised March 17, 2003 October 24, 2001 Jn 10-034145.18 Page 6 of 6 (CCC83) Zone VI NAD 1983 SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Records. EXHIBIT "B" attached and by this reference made a part hereof. Gregory A. Helmet, L.S. 5134 Valid Through 6/30/03 PARCEL 436. 447 SQUARE IdETERS +/- S~ALE= 1:500 PARO~L 'J PEF~ LOT -J/So EXHIBIT 'B' SKD'Cl41 1'0 ACCOI~PANY A L~6:AL D£SCRIPTION FOB EDINGER AVENUE PARCEL 10009.6 TEIdPO£ARY CONSTRUCTION EASEMENT (SBC - PACIFIC BELL) ~= 11 18 ',36 R=49. 378m L=9. 747m SHE~"I' I OF $ SHEETS REVISED ~ 17, 2O03 O~.TO~"R 24. 2.001 J.N. 10-034145 ~GRP51PDATA 1~4145. C~,ID~IG~F~IBITSl TCE114~2, ~ ,0 ]l\J~ ?. HO., PER LoT ~'~ S49 '21 '05 "E f0009.6 T.P.O.B. L , ~'00 '00~ ~=~ . 877m L =7, 8~ Im EXHIBIT T.P.O.B. SK~tTCR TO ACCOMPANY LEGAL ,O£SCRIPTION FOR EDINGER AVENUE PARCEL 10009.7 ~ TEUPORARY CONSTRUCTION EASEMENT ~ (SBD - PACIFIC BELL,) 1.524m SHEET 2 OF $ SHEETS t~IS~D k/ARCH 17, 2005 OCTOEER 24, 2031 J.N. 10'034145 PCEL 10009.8 679 SOUARE I~ETERS +/- PROPOSED SCALE= 1:1000 S40°38 '55'?/ (RAD) /-F.-c. c. E, HIB/T SKETC~ [0 ACCOI~PANY A LEGALjD£SCRIPRON FOR EDIN~ER A VENUE PARCEL 10009.8 TE~fl~ORARY CONSTRUCTION EASE~tENT (SBC - PACIFIC BELL) PARCEL 2 PER MO, £3-5~3,9~55, T.P.O.B. PCI.. o 10009.8 JMST, .NO, gS~leTD4B, 11.206~ SHEET $ OF /SHEETS REVISED ~ 17, 2003 OCTOBER 24, 2001 t~' 145EX025. D~ Office of the City Manager March 19, 2003 Ms. Linda Rankin SBC Pacific Bell 100 N. Stoneman, Room 130 Alhambra, CA 91801 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] Edinger Avenue Widening Project (CIP 7147) Property: 1422 - 1472 Edinger 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 Edinger Avenue Widening Project between the SR-55 Freeway and 1,400 feet east of Red Hill Avenue (C P 7147). A description of the property being considered for acquisition marked Appendix A accompanies the proposed Resolution of Necessity, attached to this Notice as Exhibit A (which property shall be referred to herein as the Property). 2. Notice of Your Right to Appear and be Heard. Please take notice that the City Council of City, at a regular meeting to be held on Monday, 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 Reso ut on of Necessity. a. Whether the public interest and necessity require the proposed project; SBC Pacific Bell Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by Eminent Domain March 19, 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 las 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). SBC Pacific Bell Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by Eminent Domain March 19, 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. SBC Pacific Bell Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by Eminent Domain March 19, 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 19, 2003. William A. Huston~ C~t~ ~an~[jer 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 ~n 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 ~ntity'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 lo physical deterioration within the reasonable control of the owner or occupant, shall be :lisregarded in determining the compensation for the property. lb) The public entity shall provide the owner of real property to be acquired with a zvritten statement of, and summary of the basis for, the amount it established as just ~'ompensation. The written statement and summary shall contain detail sufficient to ndicate clearly the basis for the offer, including, but not limited to, all of the following nformation: (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. lc) Where the property involved is owner occupied residential property and contains no ~ore than four residential units, the homeowner shall, upon request, be allowed to 'eview a copy of the appraisal upon which the offer is based. The public entity may, but s not required to, satisfy the written statement, summary, and review requirements of :his section by providing the owner a copy of the appraisal on which the offer is based. ~:\CIP Project -Active\7147 - Edinger Ave, Widening~Acquisition\SBC Eminent Domain RESOLUTION NO. 03-14 EXHIBIT A 11 1' 1: 1: 1, 2~ 2' 2; 2; 2, 2~ 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 EDINGER AVENUE WIDENING PROJECT (CIP 7147) AND DECLARING THE PUBLIC CONVENIENCE AND NECESSITY THEREOF The City Council of the City of Tustin ("City"), by vote of two-thirds or more of its members, FINDS, DETERMINES, DECLARES, AND RESOLVES that: WHEREAS, City intends to construct the Edinger Avenue Improvements ("Project"), a public use, and, in connection therewith, acquire interests in certain real property. The Project is for a public use that is a function of City; and WHEREAS, City intends to construct the Project to make effective the principal purpose of street widening in compliance with the City's General Plan, including but not limited to property to be used for the protection or preservation of the attractiveness, safety, and usefulness of the Project as set forth in Code of Civil Procedure section 1240.120(a); and WHEREAS, the Project requires the acquisition of fee interests and temporary construction easements in certain real property located at 1442 -1472 Edinger Avenue (APN 430-261-22 & 23); 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 south side of Edinger Avenue between the SR-55 Freeway and Red Hill Avenue; and WHEREAS, the plans for the Project are on file with the Director of Public Works of City; and 2 2 2 2 2 2 2 2 WHEREAS, the Project is planned and located in a manner which will be the most compatible with the greatest public good and least private injury; and WHEREAS, City has established the amounts it believes to be just compensation for the hereinafter described real property interests sought to be acquired; and WHEREAS, pursuant to Government Code section 7267.2, City has offered to the owners of the real property and interests therein the full amount established as just compensation for the real property sought to be acquired; and WHEREAS, City has provided the owners of the real property and interests therein a written statement, and summary of the basis for the amount established as just compensation for the real property and interests sought to be acquired; and WHEREAS, a reasonable length of time has expired since the date of the offers to the owners of the real property and interests therein sought to be acquired, and the owners have failed to favorably respond to the offers of the amounts established by City as just compensation; and WHEREAS, some or portions of the property and interests therein hereinafter described are being acquired as a "remnant" pursuant to Code of Civil Procedure section 1240.410; and WHEREAS, some or portions of the property and interests therein hereinafter described are being acquired for a compatible joint use pursuant to Code of Civil Procedure section 1240.510; and WHEREAS, the Project is part of the City's Capital Improvement Program, and on August 5, 2002, the City Council of the City, adopted Resolution No. 02-77 exempting the acquisitions required by the Project from the provisions of Government Code, section 65402; and WHEREAS, on May 8, 2001 pursuant to Public Resources Code section 21000, et seq., the California Environmental Quality Act ("CEQA"), the City filed a Notice of Determination under CEQA with the County Clerk of the County of Orange, California; and WHEREAS, pursuant to the provisions of Code of Civil Procedure, section 1245.235, on March 19, 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- 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 properly described in Appendix A is necessary for the proposed Project. 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: 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; To acquire the property in fee simple absolute unless a lesser estate is described in Appendix A; -3- 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; 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 1 2 2 2 2 2 2 2 2 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: COUNClLMEMBER ABSENT: PAMELA STOKER City Clerk Exhibit "A" Exhibit "A" Appendix A CONTENTS Legal Description Parcel 10009, Parcel 10009.1, Parcel 10009.2 and Parcel 10009.3 (Pacific Bell) Legal Description Parcel 10009.6, Parcel 10009.7, and Parcel 10009.8 Temporary Construction Easement (Pacific Bell) 2 2 2 2. 2 2' 2; -5- ROBERT BEIN, WILLIAM FROST & ASSOCIATES 14725 Alton Parkway Irvine, California 92618 EXHIBIT "A" LEGAL DESCRIPTION Revised December 7, 1999 August 31, 1999 JN 10-034145.11 Page 1 of 6 EDINGER AVENUE PARCELiO009, PARCEL 10009.1 , PARCEL 10009.2 and PARCEL 10009.3 (PACIFIC BELL) Those certain parcels of land situated in the City of Tustin, County of Orange, State of California, being those portions of Lot 66, Block 10 of Irvine's Subdivision as shown on a map thereof filed in Book 1, Page 88 of Miscellaneous Records Maps in the Office of the County Recorder of said Orange County, described as follows: PARCEL 10009 BEGINNING at the intersection of the northwesterly line of Parcel 1 as described in the Corporation Grant Deed to The Pacific Telephone and Telegraph Company recorded December 29, 1983, as Instrument No. 83-589655 of Official Records with the southwesterly line right-of-way line of Edinger Avenue as described in the Corporation Grant Deed to the City of Tustin recorded May 22, 1985, as Instrument No. 85-187048 of Official Records, both in said Office of the Orange County Recorder; thence along said southwesterly right-of-way line through the following courses: South 49°21'05' East 60.421 meters to the beginning of a tangent curve concave southwesterly and having a radius of 43.891 meters; thence along said curve southeasterly 8.664 meters through a central angle of 11°18,36"; thence tangent from said curve South 38o02'29'' East 3.424 meters to a point in a line parallel with and 1.524 meters southwesterly of that certain course described hereinbefore as "South 49°21'05" East 60.421 meters", said point is hereinafter referred to as Point "A"; thence leaving said southwesterly right-of-way linel along said parallel line North 49°21'0~' West 72.387 meters to said northwesterly lineof the land of The £XHIBIT "A" Robert Bein, William Frost & Associates Edinger Avenue Parcel 10009, Parcel 10009.! , Parcel 10009.2 and Parcel 10009.3 (Pacific Bell} Pacific Telephone and Telegraph Company; Revised December 7, 1999 August 31, 1999 Jn 10-034145.11 Page 2 of 6 thence along said northwesterly line North 40°38'30' East 1.524 meters to the POINT OF BEGINNING CONTAINING: 103.868 square meters, more or less. PARCEL 10009.1 COMMENCING at Point "A" described hereinbefore in Parcel 10009, said point being in the southwesterly line right-of-way line of Edinger Avenue as described in the Corporation Grant Deed to the City of Tustin recorded May 22, I985, as Instrument No. 85-187048 of Official Records in said Office of the Orange County Recorder; thence along said southwesterly right-of-way line through the following courses: South 38°02'29" East 5.991 meters to the beginning of a tangent curve concave northeasterly and having a radius of 49.378 meters; thence along said curve southeasterly 9.747 meters through a central angle of 11°18'36"; thence tangent from said curve South 49°21'05" East 25.908 meters to the beginning of a tangent curve concave southwesterly and having a radius of 4.877 meters; thence along said curve southeasterly 2.216 meters through a central angle of 26°02'13" to the TRUE POINT OF BEGINNING; thence continuing along said southwesterly right-of-way line and curve southerly 3.236 meters through a central angle of 38°01'01" to a point in a line which bears South 04o18'22" East from the TRUE POINT OF BEGINNING, said point is hereinafter referred to as Point "B"; thence leaving said southwesterly right-of-way line North 04°18'22" West 3.177 meters to the TRUE POINT OF BEGINNING. EXHIBIT "A" Robert Bein, William Frost & Associates Edinger Avenue Parcel lO00g, Parcel lO00g.! , Parcel lO009.Z and Parcel 10009.3 Pacific Be]l) Revised December 7, 1999 August 31, 199g Jn Z0-034~45.~! Page 3 of 6 ONTAINING 0.566 square meters, more or less. PARCEL ~O00g.2 COMMENCING at Point "B" described hereinbefore in Parcel 10009.1, said point being in the southwesterly right-of-way line of Edinger Avenue as described in the Corporation Grant Deed to the City of Tustin recorded May 22, 1985, as Instrument No. 85-187048 of Official Records in said Office of the Orange County Recorder, said point also being in a curve concave westerly and having a radius of 4.877 meters, a radial line of said curve from said point bears North 75°17'51' West; thence along said southwesterly line through the following courses: along said curve southerly 2.208 meters through a central angle of 25°56'46"; thence non-tangent from said curve South 61°02'27' East 10.531 meters to an intersection with a line which bears South 49°21'05'' East from said Point "B", said intersection being the TRUE POINT OF BEGINNING; thence continuing along said southwesterly line through the following courses: South 61°02'27" East 7.522 meters to a point on a non-tangent curve concave southerly and having a radius of 4.877 meters, a radial line of said curve from said point bears South 49°21'05'' East; thence along said curve northeasterly and easterly 7.661 meters through a central angle of 90°00'00"; thence tangent from said curve South 49°21'05' East 17.515 meters to a point in the southeasterly line of Parcel 1 as described in the Corporation Grant Deed to The Pacific Telephone and Telegraph Company recorded December 2g, lg83, as Instrument No. 83-589655 of Official Records, said point is hereinafter referred to as Point "C"; thence leaving said southwesterly right-of-way line, along said southeasterly line South 40°38'30" West 1.524 meters to a line parallel with and 1.524 meters southwesterly, of that certain course described .~ereinbefore as EXHIBIT "A" Robert Bein, William Frost & Associates Edinger Avenue Parcel lO00g, Parcel 10009.1 , Parcel 10009.2 and Parcel 10009.3 (Pacific Bell) Revised December 7, 1999 August 31, lg99 Jn 10-034145.11 Page 4 of 6 "South 49°21'05" East 17.515 meters"; thence along said parallel line North 49°21'05" West 17.759 meters; thence South 85°38'55" West 6.897 meters' to a line which bears South 49°21'05" East from said Point "B"; thence along said line North 49°21'05" West 7.122 meters to the TRUE POINT OF BEGINNING . CONTAINING: 45.339 square meters, more or less. PARCEL 10009.3 BEGINNING at Point "C" described hereinbefore in Parcel 10009.2, said point being in the southwesterly right-of-way line of Edinger Avenue as described in the Corporation Grant Deed to the City of Tustin recorded May 22, 1985, as Instrument No. 85-187048 of Official Record in said Office of the Orange County Recorder; thence along said right-of-way line through the following courses: South 49o21'05" East 94.386 meters to the beginning of a tangent curve concave westerly and having a radius of 4.877 meters; thence along said curve southeasterly and southerly 7.661 meters through a central angle of 90°00'00"; thence radially from said curve South 49°21'05" East 14.630 meters to a point on a non-tangent curve concave southerly and having a radius of 4.877 meters, a radial line of said curve from said point bears South 49°21'05'' East; thence along said curve northeasterly and easterly 7.661 meters through a central angle of 90000'00" to a point of compound curvature with a curve concave southwesterly and having a radius of 58.827 meters, a radial line of said curves from said point bears South 40°38'55" West; EXHIBIT "A" Robert Bein, Nilliam Frost & Associates Edinger Avenue Parcel 10009, Parcel 10009.! , Parcel 1OO09.2 and Parcel (Pacific Bell) thence along said curve southeasterly 8.759 meters through a central 08o31,51.; · Revised December 7, 1999 August 31, 1999 Jn 10-034145.11 Page 5 of 6 angle of thence tangent from said curve South 40°49'14" East 9.309 meters to the beginning of a tangent curve concave northeasterly and having a radius of 64.313 meters; thence along said curve southeasterly 9.576 meters through a central angle of 08o31,51"; thence tangent from said curve South 49°21'05" East 59.701 meters; thence South 04°21'20" East 1t.201 meters to the northwesterly right-of-way line of Redhill Avenue as described in said Corporation Grant Deed to the City of Tustin; thence leaving said southwesterly right-of-way line, along said northwesterly right-of-way line South 40°39'21'' West 2.441 meters; thence leaving said northwesterly right-of-way line North 04°21'20,' West 11.206 meters to a line parallel with and 2.438 meters southwesterly of that certain course described hereinbefore as "South 49°21'05" East 59.701 meters"; thence along said parallel line North 49°21'05" West 53.807 meters to the beginning of a tangent curve concave northeasterly and having a radius of 12.500 meters; thence along said curve northwesterly 2.409 meters through a central angle of 11o02,25-; thence tangent from said curve North 38018'40" West 16.684 meters to the beginning of a tangent curve concave southwesterly and having a radius of 12.500 ~eters; :hence along 11°02'25"; said curve northwesterly 2.409 meters through a central angle of EXHIBIT "A" obert Bein, William Frost & Associates dinger Avenue arcel 10009, Parcel 10009.1 , larcel.lO009.2 and Parcel 10009.3 Pacihc Bell) Revised December 7, 1999 August 31, 1999 Jn 10-034145.11 Page 6 of 6 :hence tangent from said curve North 49°21'05' West 12.252 meters; Chence South 85°38'55" West 6.897 meters; ~hence North 49°21'05'' West 14.489 meters; thence North 04°21'05' West 6.897 neters to a line parallel with and 1.524 meters southwesterly of that certain :ourse described hereinbefore as "South 49°21'05" East 94.386 meters"; ~hence along said parallel line North 49°21'05" West 94.477 meters to the ~orthwesterly line of Parcel 2 described in the Corporation Grant Deed to The ~acific Telephone and Telegraph Company recorded December 29, 1983, as Instrument ~o. 83-589655 of Official Records; thence along said northwesterly line North 40°38'30" East 1.524 meters to the POINT OF BEGINNING . CONTAINING: 379.441 square meters, more or less. Jnless otherwise noted, all bearings and distances in this description are metric Iround based on the California Coordinate System, (CCC83) Zone VI NAD 1983 1991.35 O.C.S. GPS Adjustment) SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Records. IIBIT "B" attached and by this reference made a part hereof. LS S~lO ' Exp. 9/~0/O~ Kevin D. McHugh, Jr LOT SCALE= 1:500 PArC_FL I ?£/~ /¥0. $$-$£~655, OP. pcPO I N T "A " · 10009. 1 z~= 11' 18 '36 T, R=49. $78m L =9. 747m R=43. 8c~ lm L =8.664m ~ 3. 424rn BL VlSI LOT $$ EXHIBIT SK£TC~ TO ACCOMPANY A LEGALI OE$¢RIPTION FOR EDINGER AVENUE PA£~EL 10009 : (PACIFIC BELL) CONTAINING 10$.B6B SOUARE ~ETEPS ± SHEET I OF $ SHEETS ~ob~Pt .,~ein, Y~J]Jiam Pros~ & As~ocimte~ I~v. D~CEI,~ER 7, 1999 AUGUST ,$I. 1999 J.N. ~0-0~4145. ~! H: IGRPSIPDA IA 1341451D~rG~E2dUBll'$~ 145EXOr2.D~r6' T.P.O.B. PCL. 10009. NO4' 10009.2 T.P.O.B. PO... I000£.2 _~j LOT R=4. 877m ~ L=2.216m R=~. 877m L =3.2~6m ~ s4~'2~ '0~"~ ~ / ~ / / ~ L=7. ~lm MO. ~3-5~55, O.R. S U~'DI VI~I OIV SK£T~H TO ACCOM?ANY A LEGAl1 DESCRIPTION FOR EDINGER AVENUE PARCEL 10009. 1 : PARCEL 10009.2 (PACIFIC BELL) SHEET 2 OF 3 SHEETS REV. DECE~BE.R 7, 1999 t~ [ GRRSIPDA rA 134 ~45 IOl~'tE,~YlBI TEl ~45£X0 l J, Ol~?, INST. NO. 85-187048, O.H. ,b" \/ SCALE= 1:1000 S40'SB '55"W (RAO) / P.C.C. IiVS F EXHIBIT SKETd~N TO ACCO~(PANY LEGAL DESCRIPTION FOR EDINGER A VENUE PARCEL 10009.$ : (PAGIF'IC BELL,) CONTAININg 37.9.441 SOUA£E METERS _+ PA,~£L 2 PER ~.. N04'2! ££-55£555, O~~ INST. No. 85-1870,¢$, O, fL R~¥. D~C.~41~.R 7, ~999 RBF CONSULTING 14725 Alton Parkway Irvine, California 92618 EXHIBIT "A" LEGAL DESCRIPTION Revised March 17, 2003 October 24, 2001 JN 10-034145.18 Page i of 6 EDINGER AVENUE PARCEL 10009.6, PARCEL 10009.7, AND PARCEL 10009.8 TEMPORARY CONSTRUCTION EASEMENT (SBC - PACIFIC BELL) Those certain parcels of land situated in the City of Tustin, County of Orange, State of California, being those portions of Lot 66, Block 10 of Irvine's ISubdivision as shown on a map thereof filed in Book 1, Page 88 of Miscellaneous Records Maps in the Office of the County Recorder of said Orange County, described as follows: PARCEL 10009.6 A strip of land 4.500 meters wide, the northeasterly line of which is described as follows: COMMENCING at the intersection of the northwesterly line of Parcel 1 as described in the Corporation Grant Deed to The Pacific Telephone and Telegraph Company recorded December 29, 1983, as Instrument No. 83-589655 of Official Records with the southwesterly line right-of-way line of Edinger Avenue as described in the Corporation Grant Deed to the City of Tustin recorded May 22, 1985, as Instrument iNo. 85-187048 of Official Records, both in said Office of the Orange County iRecorder; 'thence along said southwesterly right-of-way line through the following courses: South 49°21'05" East 60.421 meters to the beginning of a tangent curve concave southwesterly and having a radius of 43.891 meters; thence along said curve southeasterly 8.664 meters through a central angle of 11°18'36"; ~hence tangent from said curve South 38002'29,' East 3.424 meters to a point in line parallel with and 1.524 meters southwesterly of that certain course !RBF Consulting iEdinger Avenue Parcel 10009.6, lParcel 10009.7 and Parcel 10009.8 !Temporary Construction Easement (SBC - Pacific Bell) EXHIBIT "A" Revised March 17, 2003 October 24, 2001 3n 10-034145.18 Page 2 of 6 described hereinbefore as "South 49°21'05' East 60.421 meters", said point is hereinafter referred to as Point "A"; thence continuing along said southwesterly right-of-way line through the following courses: South 38°02'29' East 5.991 meters to the beginning of a tangent curve concave northeasterly and having a radius of 49.378 meters; thence along said curve southeasterly 9.747 meters through a central angle of 11°18,36"; thence tangent from said curve South 49°21'05' East 25.908 meters to the Ibeginning of a tangent curve concave southwesterly and having a radius of 4.877 meters; thence along said curve southeasterly 5.452 meters through a central angle of 64°03'14'' to a point hereinafter referred to as Point "B"; thence leaving said southwesterly right-of-way line non-tangent from said curve North 04°18'22' West 3.177 meters; thence North 04°17'36' West 3.714 meters to a line parallel with and 2.134 meters northeasterly of that certain course described hereinbefore as "South 49021'05" East 25.908 meters" and the TRUE POINT OF BEGINNING. said point is also hereinafter referred to as Point "C"; thence along said parallel line North 49°21'05' West 40.984 meters to said Point "A"; thence continuing along said parallel line North 49°21'05, West 72.387 meters to said northwesterly line of the land of The Pacific Telephone and Telegraph Company. Said strip of land shall be lengthened or shortened northwesterly so as to terminate in said northwesterly line of the land of The Pacific Telephone and Telegraph Company. EXCEPTING TNEREFROM that portion included within said land described in the Corporation Grant Deed to the City of Tustin. CONTAINING: 436.447 Square Meters (4698 Square Feet) more or less. RBF Consulting Edinger Avenue Parcel 10009.6, Parcel 10009.7 and Parcel 10009.8 Temporary Construction Easement (SBC - Pacific Bell) EXHIBIT "A" Revised March 17, 2003 October 24, 2001 Jn 10-034145.18 Page 3 of 6 PARCEL 10009.7 !A strip of land 4.500 meters wide the northeasterly line of which is described las follows: COMMENCING at the intersection of the southwesterly right-of-way line of Edinger Avenue as described in the Corporation Grant Deed to the City of Tustin recorded May 22, 1985, as Instrument No. 85-187048 of Official Records in said Office of the Orange County Recorder with the southeasterly line of Parcel 1 as described "n the Corporation Grant Deed to The Pacific Telephone and Telegraph Company irecorded December 29, lg83, as Instrument No. 83-589655 of Official Records, in said Office of the Orange County Recorder, said intersection is hereinafter referred to as Point "D"; thence along said southeasterly line South 40°38'30' West 1.524 meters to a line !parallel with and 1.524 meters southwesterly of that certain course described as l"South 50°10'50'' East 367.13 feet" in said Corporation Grant Deed to the City of Tustin and the TRUE POINT OF BEGINNING; thence along said parallel line North 49°21'05" West 17.759 meters; thence South 85°38'55" West 6.897 meters to a line which bears South 49°21'05" East from Point "B" described hereinbefore in Parcel 10009.6; thence along said line North 49021'05" West 17.926 meters to said Point "B"; thence North 04°18'22' West 3.177 meters; thence North 04°17'36' West 3.714 meters to Point "C" described hereinbefore in said Parcel 10009.6. EXCEPTING THEREFROM that portion included within said Parcel 10009.6. XCEPTING ALSO THEREFROM that portion included within said land described in the orporation Grant Deed. to the City of Tustin. Said strip of land shall be lengthened or shortened southeasterly so as to resinate in said southeasterly line of Parcel 1. CONTAINING: 211.289 Square Meters (2274 Square Feet) more or less. RBF Consulting JEdinger Avenue Parcel 10009.6, ~arcel 1000g.7 and Parcel 10009.8 ~emporary Construction Easement iCSBC - Pacific Bell) IPARCE~ 10009.8 EXHIBIT "A" Revised March 17, ZOO3 October g4, 200! Jn 10-034145.18 Page 4 of 6 ~ strip of land 4.500 meters wide the easterly and northeasterly lines of which are described as follows: COMMENCING at Point "D" described hereinbefore in Parcel 10009.7, said point }eing in the southwesterly right-of-way line of Edinger Avenue as described in 'the Corporation Grant Deed to the City of Tustin recorded May 22, 1985, as Instrument No. 85-187048 of Official Record in said Office of the Orange County tecorder; thence along said right-of-way line through the following courses: South 49°21'05'' East 94.386 meters to the beginning of a tangent curve concave Westerly and having a radius of 4.877 meters; ~hence along said curve southeasterly and southerly 7.661 meters through a ~entral angle of 90°00'00'; hence radially from said curve South 49°21'05" East 14.630 meters to a point on non-tangent curve concave southerly and having a radius of 4.877 meters, a !radial line of said curve from said point bears South 49°21'05' East; Ithence along said curve northeasterly and easterly 7.661 meters through a central )angle of 90°00'00' to a point of compound curvature with a curve concave )southwesterly and having a radius of 58.827 meters, a radial line of said curves )from said point bears South 40°38'55" West; thence along said curve southeasterly 8.759 meters through a central angle of )08°31'61"; !thence tangent from said curve South 40°49'14' East 9.309 meters to the beginning !of a tangent curve concave northeasterly and having a radius of 64.313 meters; ihencealong said 9.576 meters central of curve southeasterly through a angle 8°31'51'; !thence tangent from said curve South 49°21'05' East 59.701 meters; thence South 04°21'20'' East 11.201 meters to the northwesterly right-of-way line of Redhill Avenue as described in said Corporation Grant Deed to the City of Tustin; RBF Consulting Edinger Avenue Parcel 10009.6, Parcel 10009.7 and Parcel 10009.8 Temporary Construction Easement (SBC - Pacific Bell) Revised March 17, ZOO3 October 24, 2001 Jn 10-034145.18 Page 5 of 6 EXHIBIT "A" thence leaving said southwesterly right-of-way line. along said northwesterly right-of-way line South 40°39'21" West 2.441 meters the TRUE POINT OF B£GINNING; thence leaving said northwesterly right-of-way line North 04°21'20" West 11.206 'meters to a line parallel with and 2.438 meters southwesterly of that certain Icourse described hereinbefore as "South 49°21'05'' East 59.701 meters"; thence along said parallel line North 49°21'05" beginning of a tangent curve concave northeasterly meters; West 53.807 meters to the and having a radius of 12.500 thence along said curve northwesterly 2.409 meters through a central angle of 11o02,25-; thence tangent from said curve North 38°18'40', West 16.684 meters to the beginning of a tangent curve concave southwesterly and having a radius of 12.500 meters; 'thence along said curve northwesterly 2.409 meters through a central 11°02,25-; angle of thence tangent from said curve North 49°21'05', West 12.252 meters; thence South 85°38'55" West 6.897 meters; fhence eters ourse North 49°21'05" West 14.489 meters; thence North 04°21'05" West 6.897 to a line parallel with and 1.524 meters southwesterly of that certain described hereinbefore as "South 49°21'05" East 94.386 meters"; thence along said parallel line North 49°21'05,' West 94.477 meters to the lorthwesterty line of Parcel 2 described in the Corporation Grant Deed to The )acific Telephone and Telegraph Company recorded December 29, 1983, as Instrument lo. 83-589655 of Official Records. ~aid strip of land shall be lengthened or shortened so as to terminate southerly )n northwesterly right-of-way line of Redhill Avenue and terminate northwesterly in said northwesterly line of Parcel 2. CONTAINING: 998.679 Square Meters (10,750 Square Feet) more or less. ~nless otherwise noted, all bearings and distances in this description are metric RBF Consulting Edinger Avenue Parcel 10009.6, Parcel 1000g.7 and Parcel 1000g.8 Temporary Construction Easement (SBC - Pacific Bell) EXHIBIT "A" Revised March 17, 2003 October 24, 2001 3n 10-034145.18 Page 6 of 6 ground based on the California Coordinate System, (CCC83) Zone VI NAD 1983 (1991.35 O.C.S. GPS Adjustment) SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Records. EXHIBIT "B" attached and by this reference made a part hereof. Gregory A. Helmer, L.S. 5134 PARCEL 10009 4J6. 447 SQUARE ~ETERS +/- L =8.664m ~ SC~,LE= ~ :500 LOT -JO XHIS T SK~rCH ~0 ACCOMPANY A LEGAL DESCRIPTION FOR EDINGER AVENUE PARCEI~ 1000£.$ TEMPORARY CONSTRUCTION EASEMENT (S~C - P~C~RC R=49. $78m L =9. 74 7m SHEET I OF $ SHEETS I~-VISED ~ 17, 200.7 OCTOBER 24. 2001 J.N. 10-034145 t'~ ~51PDA TA I34145. C.51DtlGIE/.ltIBITS~ TCEl I45EgO27, D~IG 40.984m J. 714m R=4 . 8 7 7m L =2.208m -pn~ 10009,'] '-- -~_ N_ZS ' l Z ' ~1'E CAD_)_ '45" \? R=4 . 877m \~ L =5. 452m o RCEL 1 ..~LOC~( 10 LOT ~J~ T.P.O.B. SK~C,; rO ~CCO.P~Y ~ ED~NGER AVENUE SE,~ ~ PARCEL 10009.7 ~C~' ~/ TEUPO~ARY CONSTRUCT/ON ~SE~ENT ~ (SBO - PACIFIC BELL) ~ OCTOEER 24, 200I J.N. 10-034145 ~ IE~51PDATAI34145. F~51Dtt~IEXtY[B[TStTCEII45EXO28.D~ 1:.0 PARCEL ~ 0009.8 9981679 $OUAR£ M£T£RS SCALE= 1:1000 S40°38'55"W (RAD) / P.C.C. PROPOSED JJVST, MO, B,~-.dB£$55, O, FL NO4 '21 11.206m XI--IIBIT [OACCO~PANY A EDING£R AVENUE PARCE~ ~ooo9.8 TEUPORARY CONSTRUCTION EASE~tENT (S£¢ - PACIFIC ££LL) 10009.8 8~J-187048, 0.2 / SHEET $ OF $ SHEETS I~IS~D I~ARCH 17, 2~ ~T~ 24, ~1 J.N. l~4145 1~4145. ~ I~029. o~ 16 22 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 19, 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. (BY OVERNIGHT DELIVERY) I placed said documents in envelope(s) for collection following ordinary business practices, at the business offices of the CITY OF TUSTIN, and addressed as shown on the attached service list, for collection and delivery to a courier authorized by to receive said documents, with delivery fees provided for. I am readily, familiar with the practices of the CITY OF TUSTIN for collection and processing of documents for overnight delivery, and said envelope(s) will be deposited for receipt by on said date in the ordinary course of business. (PERSONAL SERVICE) I delivered such envelope(s) by hand to the offices of the addressee(s). (STATE) I declare that I am employed in the office of the CITY OF TUSTIN at whose direction the service was made. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. (FEDERAL) I declare that I am employed in the office of the CITY OF TUSTIN at whose direction the service was made. I declare under penalty of perjury under the laws of the United States of America that the above is true and correct. Executed on March 19, 2003 at Tustin, California. l~a~herine Barr Office Support Specialist S:\CIP Projects - Active\7147 - Edinger Ave Widening~Acquisition~SBC Proof of Service By Mail. DOC Resolution of Necessity Appendix A to the Resolution of Necessity Notice of Intent to Adopt For Mullin Lumber Co. 1421 Edinger Avenue APN 430-263-07 Resolution No. 03-15 12 210 2i3 2!7 28 RESOLUTION NO. 03-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, STATE OF CALIFORNIA, AUTHORIZING AND DIRECTING THE CITY ATTORNEY AND/OR SPECIAL LEGAL COUNSEL TO ACQUIRE BY CONDEMNATION CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF TUSTIN, STATE OF CALIFORNIA, AND TO OBTAIN IMMEDIATE POSSESSION THEREOF FOR THE EDINGER AVENUE WIDENING PROJECT (CIP 7147) AND DECLARING THE PUBLIC CONVENIENCE AND NECESSITY THEREOF The City Council of the City of Tustin ("City"), by vote of two-thirds or more of its members, FINDS, DETERMINES, DECLARES, AND RESOLVES that: WHEREAS, City intends to construct the Edinger Avenue Improvements ("Project"), a )ublic 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 1421 Edinger Avenue (APN 430- 263-07); 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 of Edinger Avenue between the SR-55 Freeway and Red Hill Avenue; and WHEREAS, the plans for the Project are on file with the Director of Public Works of City; and WHEREAS, the Project is planned and located in a manner which will be the most compatible with the greatest public good and least private injury; and WHEREAS, City has established the amounts it believes to be just compensation for the hereinafter described real property interests sought to be acquired; and WHEREAS, pursuant to Government Code Section 7267.2, City has offered to the owners of the real property and interests therein the full amount established as just compensation for the real property sought to be acquired; and WHEREAS, City has provided the owners of the real property and interests therein a written statement, and summary of the basis for the amount established as just compensation for the real property and interests sought to be acquired; and WHEREAS, a reasonable length of time has expired since the date of the offers to the owners of the real property and interests therein sought to be acquired, and the owners have failed to favorably respond to the offers of the amounts established by City as just compensation; and WHEREAS, some or portions of the property and interests therein hereinafter described are being acquired as a "remnant" pursuant to Code of Civil Procedure Section 1240.410; and WHEREAS, some or portions of the property and interests therein hereinafter described are being acquired for a compatible joint use pursuant to Code of Civil Procedure Section 1240.510; and WHEREAS, the Project is part of the City's Capital Improvement Program, and on August 5, 2002, the City Council of the City, adopted Resolution No. 02-77 exempting the acquisitions required by the Project from the provisions of Government Code, Section 65402; and WHEREAS, on April 16, 2001 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 May 8, 2001 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 20 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. 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. 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: 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; To acquire the property in fee simple absolute unless a lesser estate is described in Appendix A; O= 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 20 21 22 23 24 25 26 27 28 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 ~n the 7th day of April 2003 A'I-I'EST: 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. Exhibit "A" B. Exhibit "A" Appendix A CONTENTS Legal Description Parcel 10010 (Mullin Lumber Co.) Legal Description Parcel 10010.1 Temporary Construction Easement (Mullin Lumber Co.) -5- RBF CONSULTING 14725 Alton Parkway Irvine, California 92618 EXfl[BIT "A" LEGAL DESCRIPTION Revised June 5, 2002 August 31, lggg JN 10-034145.13 Page i of 4 EDINGER AVENUE PARCEL 10010 (MULLZN LUMBER CO.) That certain parcel of land situated in the City of Tustin, County of Orange, State of California, being that portion of Lot 66, Block 10 of Irvine's Subdivision as shown on a map thereof filed in Book 1, Page 88 of Miscellaneous Records Maps in the Office of the County Recorder of said Orange County, described as follows: BEGINNING at the intersection of the northwesterly line of the land described in the Grant Deed to Mullin Lumber Co. recorded October 2, 1959, in Book 4909, Page 154 of Official Records with the northeasterly right-of-way line of Edinger Avenue as described in the Corporation Grant Deed to the City of Tustin recorded October 2, 1985, as Instrument No. 85-377537 of Official Records, both in said Office of the Orange County Recorder; thence along said northeasterly right-of-way line South 49o21'05" East 5.711 meters to a point on a non-tangent curve therein, concave northwesterly and having a radius of 5.892 meters, a radial line of said curve from said point bears North 14°39'59'' West; thence continuing along said northeasterly right-of-way line and the northwesterly right-of-way line of Redhill Avenue as described in said deed through the following courses: along said curve northeasterly 3.567 meters through a central angle of 34°41'06"; thence radially from said curve South 49°21'05" East 8.943 meters to a point on a non-tangent curve concave southeasterly and having a radius of 5.892 meters, a radial line of said curve from said point bears South 49°21'05" East; thence along said curve southwesterly 3.567 meters through a central angle of 34°41'06"; thence non-tangent from said curve South 49°21'05" East 55.g43 meters to a point on a non-tangent curve concave northwesterly and having a radius of 5.892 meters, a radial line of said curve from said point bears North 14°39'59" West; RBF Consulting Edinger Avenue Parcel 10010 (Hullin Lumber Co.) EXHIBIT "A" Revised June 5, 2002 August 31, 1999 JN 10-034145,13 Page Z of 4 thence along said curve northeasterly 3.567 meters through a central angle of 34°41'06"; thence radially from said curve South 49°21'05'' East 10.772 meters to a point on a non-tangent curve concave southeasterly and having a radius of 5.892 meters, a radial line of said curve from said point bears South 49°21'05'' East; thence along said curve southwesterly 3.567 meters through a central angle of 34°41'06"; thence non-tangent from said curve South 49°21'05'' East 61.256 meters to a point on a non-tangent curve concave northwesterly and having a radius of 7.416 meters, a radial line of said curve from said point bears North 08°13'57'' West; thence along said curve northeasterly 5.322 meters through a central angle of 41°07'08"; thence radially from said curve South 49°21'05'' East 9.552 meters to a point on a non-tangent curve concave southeasterly and having a radius of 6.197 meters, a radial line of said curve from said point bears South 49°21'05'' East; thence along said curve southwesterly 3.838 meters through a central angle of 35°28'58"; thence non-tangent from said curve South 38°50'27'' East 7.017 meters; thence South 49°21'05'' East 36.890 meters; thence North 85°38'50'' East 12.930 meters; thence North 40015'49" East 0.305 meters; thence leaving said northwesterly right-of-way line of Redhill Avenue North 49°21'15" West 1.217 meters to a line parallel with and 1.078 meters northerly of that certain course described hereinbefore as "North 85038'50" East 12.930 meters"; thence along said parallel line South 85°38'50' West 11.208 meters to a line parallel with an 1.524 meters northeasterly of that certain course described hereinbefore as "South 49°21'05" East 36.890 meters"; thence along said parallel line North 49°21'05'' West 37.365 meters; thence North 04°21'05'' West 6.897 meters; thence North 49°21'05'' West 14.792 meters; RBF Consulting Edinger Avenue Parcel (Mullin Lumber Co.) EXRIBIT "A" Revised June 5, 2002 August 31, 1999 JN 10-034145.13 Page 3 of 4 thence South 85°38'55" West 6.895 meters to a point on a non-tangent curve concave northeasterly and having a radius of 12.497 meters, a radial line of said curve from said point bears North 39°52'13'' East; thence along said curve northwesterly 4.690 meters through a central angle of 21°30'17"; thence tangent from said curve North 28°37'30" West 4.761 meters to the beginning of a tangent curve concave southwesterly and having a radius of 17.983 meters, the northwesterly terminus of said curve shall be tangent to a line parallel with and 5.181 meters northeasterly of that certain course described hereinbefore as "South 49°21'05' East 61.256 meters"; thence along said curve northwesterly 6.505 meters through a central angle of 20°43'35" to said parallel tine; thence along said parallel line North 49021'05'` West 18.288 meters to the beginning of a tangent curve concave southwesterly and having a radius of 17.983 meters; thence along said curve northwesterly 6.505 meters through a central angle of 20°43'35"; thence tangent from said curve North ?0°04'40" West 4.761 meters to the beginning of a tangent curve concave northeasterly and having a radius of 12.497 meters; thence along said curve northwesterly 4.690 meters through a central angle of 21°30'17"; thence non-tangent from said curve North 04°21'05'' West 6.895 meters; thence North 49°21'05'' West 15.999 meters; thence South 85°38'55" West 6.897 meters to a line parallel with and 1.524 meters northeasterly of that certain course described hereinbefore as "South 49°21'05" East 55.943 meters"; thence along said parallel line North 49021'05'' West 43.126 meters; thence North 04°21'05" West 6.897 meters; thence North 49°21'05'' West 14.095 meters; thence South 85°38'55" West 6.033 meters to a point in said northwesterly line of the RBF Consulting Edinger Avenue Parcel 10010 (Hullin Lumber Co.) EXHIBIT "A" Revised June 5, 2002 August 31, 1999 JH 10-034145.13 Page 4 of 4 land of Mullin Lumber Co., distant thereon North 40°38'30'' East 2.134 meters from the POINT OF BEGINNING; thence along said northwesterly line South 40038'30'' West 2.134 meters to the POINT OF BEGINNING. CONTAINING: 610.925 square meters, more or less. Unless otherwise noted, all bearings and distances in this description are metric ground based on the California Coordinate System, (CCC83) Zone VI NAD 1983 (1991.35 O.C.S. GPS Adjustment) SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached and by this reference made a part hereof. Gregory A. Helmer, L.S. 5134 ?~ 7J~d, ~ ~ LmS Of ~ ~AmOEL ~.~-n OF LAND PER O.R. $'L/~'DI JJSlOI¥ - ?) 1/~ SCALE=l:500 I% EXHIBrr 'B' SKETCH TO ACCOMPANY A IIGAL DESCRIPTION FOR EDINGER AVENUE PARCEL lOOlO (MULLIN LUMBER CO.) CONTAINING 6~0,925 $OUARE I~ETERS + t~"V. J~ 5, 2002 AUGUSTS1, 1999 J.N. 10-34~45. 13 ~' I~RPSIPDATA I541451D~GIEY~IIBITSI I45EXO1&D~rG I l / SCALE= 1:500 N84 °50 ' 03"~ EXHIBIT SK~'TCH TO ACCOMPANY A L~GAL D£$CRIPTION FOR EDINGER AVENUE PARCEL 10010 (I~ULLIN LUMBER CO.) CONTAINING 610.925 SQUARE METERS + SHEET 2 OF 2 SHEETS ~-!/. JU~. 5, 2002 ALI~UST 31. 1999 J.N. 10-34145. Hz I~RPSIPDATAI34HSID~IE,~MIBITSI~45EXOI7. D~IG RBF CONSULT)NG 14725 Alton Parkway Irvine, California 92618 LEGAL OESCRIPTION Revised November 7, 2002 October Z4, 2001 EXHIBIT "A" JN 10-034145.19 Page 1 of 4 EDINGER AVENUE PARCEL lOOlO,1 TEMPORARY CONSTRUCTION EASEMENT (MULLZN LUMBER CO.) That certain parcel of land situated in the City of Tustin, County of Orange, State of California, being that portion of Lot 66, Block 10 of Irvine's Subdivision as shown on a map thereof filed in Book 1, Page 88 of Miscellaneous Records Maps in the Office of the County Recorder of said Orange County, included within a strip of land 4.500 meters wide, the general southwesterly line of which is described as'follows: COMMENCING at the intersection of the northwesterly line of the land described in-the Grant Deed to Mullin Lumber Co. recorded October 2, 1959, in Book 4909, Page 154 of Official Records with the northeasterly right-of-way line of Edinger Avenue as described in the Corporation Grant Deed to theCity of Tustin recorded October 2, 1985, as Instrument No. 85-377537 of Official Records, both in said Office of the Orange County Recorder; thence along said northeasterly right-of_way 1.ine South 49°21'05'' East 5.711 meters to a point on a non-tangent curve therein, concave northwesterly and having a radius of 5.892 meters, a radial line of said curve from said point bears North 14°39'59'' West; thence continuing along said northeasterly right-of-way line and the northwesterly right-of-way line of Redhill Avenue as described in said deed through the following courses: along said curve northeasterly 3.567 meters through a central angle of 34°41'06"; thence radially from said curve South 49°21'05" East 8.943 meters to a point on a non-tangent curve concave southeasterly and having a radius of 5.892 meters, a radial line of said curve from said point bears South 49°21'05'' East; thence along said curve southwesterly 3.567 meters through a central angle of 34°41,06,,; thence non-tangent from said curve South 49°21'05" East 55.943 meters to a point RBF Consulting Edinger Avenue Parcel 10010.! Temporary Construction Easement (Mullin Lumber Co.) Revised November 7, ZOOZ October 24, 200! JN 10-034145.!9 Page 2 of 4 EXHIBIT "A" on a non-tangent curve concave northwesterly and having a radius of 5.892 meters, a radial line of said curve from said point bears North 14°39'59" West; thence along said curve northeasterly 3.567 meters through a central angle of 34°41'06"; thence radially from said curve South 49°21'05'' East 10.772 meters to a point on a non-tangent curve concave southeasterly and having a radius of 5.892 meters, a radial line of said curve from said point bears South 49°21'05" East; thence along said curve southwesterly 3.567 meters through a central angle of 34°41,06,,; thence non-tangent from said curve South 49°21'05" East 61.256 meters to a point on a non-tangent curve concave northwesterly and having a radius of 7.416 meters, a radial tine of said curve from said point bears North 08°13'57'' West; thence along said curve northeasterly 5.322 meters through a central angle of 41o07,08,,; thence radially from said curve South 49°21'05'' East 9.552 meters to a point on a non-tangent curve concave southeasterly and having a radius of 6.197 meters, a radial line of said curve from said point bears South 49°21'05" East; thence along said curve southwesterly 3.838 meters through a central angle of 35°28,58,; thence non-tangent from said curve South 38°50'27'' East 7.017 meters; thence South 49°21'05'' East 36.890 meters; thence North 85°38'50'' East 12.930 meters; thence North 40°15'49" East 0.305 meters to the TRUE POINT OF BEGINNING; thence leaving said northwesterly right-of-way line of Redhill Avenue North 49°21'15" West 1.217 meters to a line parallel with and 1.078 meters northerly of that certain course described hereinbefore as "North 85°38'50" East 12.930 meters"; thence along said parallel line South 85038'50" West 11.208 meters to a line parallel with an 1.524 meters northeasterly of that certain course described hereinbefore as "South 49°21'05" East 36.890 meters"; RBF Consulting EdingerAvenue Parcel 10010.1 Temporary Construction Easement {Mullin Lumber Co.) Revised November 7, 200Z October 24, 2001 JN 10-034145.19 Page 3 of 4 EXHIBIT "A" thence along said parallel line North 49°21'05. West 37.365 mete'rs; thence North 04°21'05" West 6.897 meters; thence North 49°21'05'' West 14.792 meters; thence South 85°38'55" West 6.895 meters to a point on a non-tangent curve concave northeasterly and having a radius of 12.497 meters, a radial line of said curve from said point bears North 39°52't3'' East; thence along said curve northwesterly 4.690 meters through a central angle of 21°30'17"; thence tangent from said curve North 28°37'30" West 4.761 meters to the beginning of a tangent curve concave southwesterly and having a radius of 17.983 meters, the northwesterly terminus of said curve shall be tangent to a line parallel with and 5.181 meters northeasterly of that certain course described hereinbefore as "South 49°21'05" East 61.256 meters"; thence along said curve northwesterly 6.505 meters through a central angle of 20°43'35,' to said parallel line; thence along said parallel line North 49021'05'' West 18.288 meters to the beginning of a tangent curve concave southwesterly and having a radius of 17.983 meters; thence along Said curve northwesterly 6.505 meters through a central angle of 20°43,35,,; thence tangent from said curve North 70°04'40'' West 4.761 meters to the beginning of a tangent curve concave northeasterly and having a radius of 12.497 meters; thence along said curve northwesterly 4.690 meters through a central angle of 21°30'17"; thence non-tangent from said curve North D4°21'05'' West 6.895 meters; thence North 49°21'05'' West 15.999 meters; thence South 85°38,55'' West 6.897 meters to a line parallel with and 1.524 meters northeasterly of that certain course described hereinbefore as "South 49°21'05,, East 55.943 meters"; RBF Consulting Edinger Avenue Parcel 10010.! Temporary Construction Easement (Hullin Lumber EXHIBIT "A" Revised November 7, 2002 October 24, 2001 3N 10-034145,t9 Page 4 of 4 thence along said parallel line North 49°21'05'' West 43.126 meters; thence North 04°21'05" West 6.897 meters; thence North 49°21'05'' West 14.095 meters; thence South 85°38'55" West 6..033 meters to a point in said northwesterly line of the land of Mullin Lumber Co., distant thereon North 40°38'30" East 2.134 meters from the POINT OF COMMENCEMENT. Said strip of land shall be lengthened or shortened so as to terminate southeasterly in said northwesterly right-of-way line of Redhill Avenue and terminate northwesterly in said northwesterly line of the land of Mullin Lumber Company. CONTAINING: 1031.149 Square Meters (11,099 Square Feet) more or less. Unless otherwise noted, all bearings and distanCes in this description are metric ground based on the California Coordinate System, (CCC83) Zone VI NAD 1983 (1991.35 O.C.S. CPS Adjustment) SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached and by this reference made a part hereof. John W~Pfeifer,lLtS. 5329 OF LAND PER O.R. ,,~ /~ VJM:'S SUZD./ VJSJCoM '~ z?_/,.::?j, 1/,_8,_8 SCALE= 1:500 / ~XHIBIT SKD'CH TO AC¢Ob(PANY ,4 LEOAL DgSCRIPTION FOR EDINGER A VENUE PARCEL 10010.1 TEmPORARy CoNsTRucTION EAS£~ENT (~ULLIN LUWBER CO.) CONTAINING 1051.14£ SQUARE WETERS SHEET I OF 2 SHEETS REVISED NOV~R 7, 2002 OO, TOB~ 2'$, 2001 J.N. 10-0.~4145 / / SCALE= 1:500 N84 "50 ' O3"ll EXHIBIT SKETCH I'0 ACCOMPANY A LEGAL DESCRIPTION FOR EDINGER A VENUE PARCEL ~00~0. ! TEMPORARY CONSTRUC[ION EASEMENi' (MULL/N LUMBER CO.) CONTA/N/NG ~051.1,19 SQUARE METERS 10010 N85 °58 '50 "E SHEET 2 OF 2 SHEETS REVISED NOVE. VBER 14, 2002 OCTOBER24, 2001 J.N. 10-034145 H. ~PDATA 1100,34145. GSID~,~IDC4IBITSI TCE~ t45EXO$1.DgIG Office of the City Manager March 17, 2003 Mr. John Mullin Mullin Lumber Company 6320 Canoga Avenue, 13th Floor Woodland Hills, CA 91367-2561 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] Edinger Avenue Widening Project (CIP 7147) Property: 1421 Edinger Avenue Dear Property Owner: 1. Notice of the Intent of Tusfin 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 Edinger Avenue Widening Project between the SR-55 Freeway and 1,400 feet east of Red Hill Avenue (CIP 7147). A description of the property being considered for acquisition marked Appendix A accompanies the proposed Resolution of Necessity, attached to this Notice as Exhibit A (which property shall be referred to herein as the Property). 2. Notice of Your Right to Appear and be Heard. Please take notice that the City Council of City, at a regular meeting to be held on Monday, 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 prier to deciding whether or not to adopt the proposed Resolution of Necessity. a. Whether the public interest and necessity require the proposed project; Mullin Lumber 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). Mullin Lumber 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. Mullin Lumber 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. tn 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 Project -Active\7147 - Edinger Ave. Widening~Acquisition\Mullin Eminent Domain 1 2 3 4 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. 03-15 EXHIBIT A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, STATE OF' CALIFORNIA, AUTHORIZING AND DIRECTING THE CITY ATTORNEY AND/OR SPECIAL LEGAL COUNSEL TO ACQUIRE BY CONDEMNATION CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF TUSTIN, STATE OF CALIFORNIA, AND TO OBTAIN IMMEDIATE POSSESSION THEREOF FOR THE EDINGER AVENUE WIDENING PROJECT (ClP 7147) AND DECLARING THE PUBLIC CONVENIENCE AND NECESSITY THEREOF The City Council of the City of Tustin ("City"), by vote of two-thirds or more of its members, FINDS, DETERMINES, DECLARES, AND RESOLVES that: WHEREAS, City intends to construct the Edinger Avenue Improvements ("Project"), a public use, and, in connection therewith, acquire interests in certain real property. The Project is for a public use that is a function of City; and WHEREAS, City intends to construct the Project to make effective the principal purpose of street widening in compliance with the City's General Plan, including but not limited to property to be used for the protection or preservation of the attractiveness, safety, and usefulness of the Project as set forth in Code of Civil Procedure section 1240.120(a); and WHEREAS, the Project requires the acquisition of fee interests and temporary construction easements in certain real property located at 1421 Edinger Avenue (APN 430- 263-07); 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 of Edinger Avenue between the SR-55 Freeway and Red Hill Avenue; and WHEREAS, the plans for the Project are on file with the Director of Public Works of City; and 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, and summary of the basis for the amount established as just compensation for the real property and interests sought to be acquired; and WHEREAS, a reasonable length of time has expired since the date of the offers to the owners of the real property and interests therein sought to be acquired, and the owners have failed to favorably respond to the offers of the amounts established by City as just compensation; and WHEREAS, some or portions of the property and interests therein hereinafter described are being acquired as a "remnant" pursuant to Code of Civil Procedure section 1240.410; and WHEREAS, some or portions of the property and interests therein hereinafter described are being acquired for a compatible joint use pursuant to Code of Civil Procedure section 1240.510; and WHEREAS, the Project is part of the City's Capital Improvement Program, and on August 5, 2002, the City Council of the City, adopted Resolution No. 02-77 exempting the acquisitions required by the Project from the provisions of Government Code, section 65402; and WHEREAS, on May 8, 2001 pursuant to Public Resources Code section 21000, et seq., the California Environmental Quality Act ("CEQA"), the City filed a Notice of Determination under CEQA with the County Clerk of the County of Orange, California; and WHEREAS, pursuant to the provisions of Code of Civil Procedure, section 1245.235, on 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 ~lace stated therein. 1 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 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. 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. 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: 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; 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 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; 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 4 B. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Exhibit "A" Exhibit "A" Appendix A CONTENTS Legal Description Parcel 10010 (Mullin Lumber Co.) Legal Description Parcel 10010.1 Temporary Construction Easement (Mullin Lumber Co.) -5- RBF CONSULTING 14725 Alton Parkway Irvine, California 92618 EXHIBIT "A" LEGAL DESCRIPTION EDINGER AVENUE PARCEL 10010 (MULLIN LUMBER CO.) Revised June 5, 2002 August 31, 1999 JN 10-034145.13 Page I of 4 That certain parcel of land situated in the City of Tustin, County of Orange, State of California, being that portion of Lot 66, Block 10 of Irvine's Subdivision as shown on a map thereof filed in Book 1, Page 88 of Miscellaneous Records Maps in the Office of the County Recorder of said Orange County, described as follows: BEGINNING at the intersection of the northwesterly line of the land described in the Grant Deed to Mullin Lumber Co. recorded October 2, 1959, in Book 4909, Page 154 of Official Records with the northeasterly right-of-way line of Edinger Avenue as described in the Corporation Grant Deed to the City of Tustin recorded October 2, 1985, as Instrument No. 85-377537 of Official Records, both in said Office of the Orange County Recorder; thence along said northeasterly right-of-way line South 49°21'05" East 5.711 meters to a point on a non-tangent curve therein, concave northwesterly and having a radius of 5.892 meters, a radial line of said curve from said point bears North 14°39'59'' West; thence continuing along said northeasterly right-of-way line and the northwesterly right-of-way line of Redhill Avenue as described in said deed through the following courses: along said curve northeasterly 3.567 meters through a central angle of 34°41,06.; thence radially from said curve South 49°21'05" East 8.943 meters to a point on a non-tangent curve concave southeasterly and having a radius of 5.892 meters, a radial line of said curve from said point bears South 49°21'05'' East; thence along said curve southwesterly 3.567 meters through a central angle of 34°41'06"; thence non-tangent from said curve South 49°21'05" East 55.943 meters to a point on a non-tangent curve concave northwesterly and having a radius of 5.892 meters, a radial line of said curve from said point bears North 14039'59'' West; RBF Consulting Edinger Avenue Parcel 10010 (Mullin Lumber Co.) EXHIBIT "A" Revised 3une 5, ZOO2 August 31, 1999 JN 10-034145.13 Page 2 of 4 thence along said curve northeasterly 3,567 meters through a central angle of 34°41'06"; thence radially from said curve South 49°21'05'' East 10.772 meters to a point on a non-tangent curve concave southeasterly and having a radius of 5.892 meters, a radial line of said curve from said point bears South 49°21'05'' East; thence along said curve southwesterly 3.567 meters through a central angle of 34°41'06"; thence non-tangent from said curve South 49°21'05'' East 61.256 meters to a point on a non-tangent curve concave northwesterly and~having a radius of 7.416 meters, a radial line of said curve from said point bears North 08°13'57" West; thence along said curve northeasterly 5.322 meters through a central angle of 41°07'08"; thence radially from said curve South 49°21'05'' East 9.552 meters to a point on a non-tangent curve concave southeasterly and having a radius of 6.197 meters, a radial line of said curve from said point bears South 49°21'05'' East; thence along said curve southwesterly 3.838 meters through a central angle of 35°28'58"; thence non-tangent from said curve South 38°50'27'' East 7.017 meters; thence South 49°21'05'' East 36.890 meters; thence North 85°38'50'' East 12.930 meters; thence North 40°15'49'' East 0.305 meters; thence leaving said northwesterly right-of-way line of Redhill Avenue North 49°21'15" West 1.217 meters to a line parallel with and 1.078 meters northerly of that certain course described hereinbefore as "North 85°38'50" East 12.930 meters"; thence along said parallel line South 85o38'50" West 11.208 meters to a line parallel with an 1.524 meters northeasterly of that certain course described hereinbefore as "South 49°21'05" East 36.890 meters"; thence along said parallel line North 49°21'05'' West 37,365 meters; thence North 04°21'05'' West 6.897 meters; thence North 49°21'05'' West 14.792 meters; RBF Consulting Edinger Avenue Parcel 100~0 (Mullln Lumber Co.) EXHIBIT "A" Revised 3une 5, 2002 August 31, 1999 JN 10-034145.13 Page 3 of 4 thence South 8§°38'55'' West 6.895 meters to a point on a non-tangent curve concave northeasterly and having a radius of 12.497 meters, a radial line of said curve from said point bears North 39°52'13'' East; thence along said curve northwesterly 4.690 meters through a central angle of 21°30'17"; thence tangent from said curve North 28°37'30'' West 4.761 meters to the beginning of a tangent curve concave southwesterly and having a radius of 17.983 meters, the northwesterly terminus of said curve shall be tangent to a line parallel with and 5.181 meters northeasterly of that certain course described hereinbefore as "South 49°21'05' East 61.256 meters"; thence along said curve northwesterly 6.505 meters through a central angle of 20°43'35' to said parallel line; thence along said parallel line North 49°21'05'' West 18.288 meters to the beginning of a tangent curve concave southwesterly and having a radius of 17.983 meters; thence along said curve northwesterly 6.505 meters through a central angle of 20°43'35"; thence tangent from said curve North 70004'40'' West 4.761 meters to the beginning of a tangent curve concave northeasterly and having a radius of 12.497 meters; thence along said curve northwesterly 4.690 meters through a central angle of 21°30'17"; thence non-tangent from said curve North 04021'05'' West 6.895 meters; thence North 49°21'05'' West t5.999 meters; thence South 85°38'55" West 6.897 meters to a line parallel with and 1.524 meters northeasterly of that certain course described hereinbefore as "South 49°21'05' East 55.943 meters"; thence along said parallel line North 49021'05'' West 43.126 meters; thence North 04°21'05,, West 6.897 meters; thence North 49°21'05'' West 14.095 meters; thence South 85°38'55'' West 6.033 meters to a point in said northwesterly line of the RBF Consulting Edinger Avenue Parcel 10010 (Mullin Lumber Co.) EXHIBIT "A" Revised June 5, 2002 August 31, lggg JN 10-034145.13 Page 4 of 4 land of Mullin Lumber Co., distant thereon North 40°38'30" East 2.134 meters from the POINT OF BEGINNING; thence along said northwesterly line South 40o38'30'' West 2.134 meters to the POINT OF BEGZNNING. CONTAINING: 610.g25 square meters, more or less. Unless otherwise noted, all bearings and distances in this description are metric ground based on the California Coordinate System, (CCC83) Zone VI NAD 1983 (1991.35 O.C.S. GPS Adjustment} SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached and by this reference made a part hereof. Gregory A. Helmet, L.S. 5134 Valid Through 6/30/03 j .PS, 7~,'~~',.r~c? r'.~ LZNE OF A PARCEL OF LAND PER O.R. ~ yg Y~, ~ 1o.0 SCALE=l:500 I% EXHIBIT 'El' ,'% SK~"TCH TO ACCOMPANY A LECAL BESC£1PT(ON FOR EDINGER AVENUE PARCEL 10010 (I~tULLIN LUI~tBER CONTMN/N~ 6~0.925 SOUARE ~ETERS ~ I / I yjj yr~ ~ SCALE= 1:500 EXHIBIT 'B' SKETCH TO ACCOI~PANY A LEGAL D£$CRIPTION FOR EDINGER AVENUE PARCEL 10010 (~ULUN LU~SER CO.) CONTAINING $10.925 SQUARE 14ETERS + N$5 '$8'50"E '~. SHE[T 2 OF 2 SHEETS RD/. ~ 5, 2002 ALiT 51, 1999 J.N. I0-Z4149, 13 t'~ I~P-P5tPDATA I$'t~451D~I£XHIB1TS1145EXOI7. DWG RBF CONSULTING 147Z5 Alton Parkway 1trine, California g2618 LEGAL DESCRIPT[ON Revised November 7, 2002 October 24, ZOO1 EXHIBIT "A" JN 10-034145.19 Page 1 of 4 EDINGER AVENUE PARCEL 10010.1 TEMPORARY CONSTRUCTION EASEMENT (MULLIN LUMBER CO.) That certain parcel of land situated in the City of Tustin, County of Orange, State of California, being that portion of Lot 66, Block 10 of Irvine's Subdivision as shown on a map thereof filed in Book 1, Page 88 of Miscellaneous Records Maps in the Office of the County Recorder of said Orange County, included within a strip of land 4.500 meters wide, the general southwesterly line of which is described as follows: COMMENCING at the intersection of the northwesterly line of the land described in'the Grant Deed to Mullin Lumber Co. recorded October 2, 1959, in Book 4g09, Page 154 of Official Records with the northeasterly right-of-way line of Edinger Avenue as described in the Corporation Grant Deed to theCity of Tustin recorded October 2, lg85, as Instrument No. 85-377537 of Official Records, both in said Office of the Orange County Recorder; thence along said northeasterly Kight-of-way 1.ine South 49°21'05'' East 5.711 meters to a point on a non-tangent curve therein, concave northwesterly and having a radius of 5.892 meters, a radial line of said curve from said point bears North 14°39'59" West; thence continuing along said northeasterly right-of-way line and the northwesterly right-of-way line of Redhill Avenue as described in said deed through the following courses: along said curve northeasterly 3.567 meters through a central angle of 34°41'06"; thence radially from said curve South 49°21'05'' East 8.943 meters to a point on a non-tangent curve concave southeasterly and having a radius of 5.892 meters, a radial line of said curve from said point bears South 49°21'05'' East; thence along said curve southwesterly 3.567 meters through a central angle of 34°41,06,,; thence non-tangent from said curve South 49°21'05" East 55.943 meters to a point RBF Consulting Edinger Avenue Parcel 10010.1 Temporary Construction Easement (Mullin Lumber Co.) Revised November 7, ZOOZ October 24, 2001 3N 10-034145.19 Page 2 of 4 EXHIBIT "A" on a non-tangent curve concave northwesterly and having a radius of 5.892 meters, a radial line of said curve from said point bears North 14°39'59'' West; thence along said curve northeasterly 3.567 meters through a central angle of 34°41,06.; thence radially from said curve South 49°21'05'' East 10.772 meters to a point on a non-tangent curve concave southeasterly and having a radius of 5.892 meters, a radial line of said curve from said point bears South 49°21'05" East; thence along said curve southwesterly 3.567 meters through a central angle of 34o41,06,,; thence non-tangent from said curve South 49021'05'' East 61.256 meters to a point on a non-tangent Curve concave northwesterly and having a radius of 7.416 meters, a radial line of said curve from said point bears North 08°13'57'' West; thence along said curve northeasterly 5.322 meters through a central angle of 41o07,08,,; thence radially from said curve South 49°21'05'' East 9.552 meters to a point on a non-tangent curve concave southeasterly and having a radius of 6.197 meters, a radial line of said curve from said point bears South 49°21'05'' East; thence along said curve southwesterly 3.838 meters through a central angle of 35°28,58,,; thence non-tangent from said curve South 38°50'27" East 7.017 meters; thence South 49°21'05'' East 36.890 meters; thence North 85°38'50" East 12.930 meters; thence North 40°15'49" East 0.305 meters to the TRUE POINT OF BEGINNING; thence leaving said northwesterly right.of-way line of Redhill Avenue North 49°21'15'' West 1.217 meters to a line parallel with and 1.078 meters northerly of that certain course described hereinbefore as "North 85°38'50'' East 12.930 meters"; thence along said parallel line South 85°38'50', West 11.208 meters to a line parallel with an 1.524 meters northeasterly of that certain course described hereinbefore as "South 49°21'05', East 36.890 meters"; RBF Consulting Edinger Avenue Parcel 10010.1 Temporary Construction Easement {Mullin Lumber Co.) Revised November 7, gOOg October 24, 200! JN 10-034145.19 Page 3 of 4 EXHIBIT "A" thence along sa~d parallel line North 4g°21'05. West 37.365 meters; thence North 04°21'05,, West 6.897 meters; thence North 49°21'05. West 14.792 meters; thence South 85°38'55" West 6.895 meters to a point on a non-tangent curve concave northeasterly and having a radius of 12.497 meters, a radial line of said curve from said point bears North 39°52'13'' East; thence along said curve northwesterly 4.690 meters through a central angle of 21°30,17,,; thence tangent from said curve North 28°37'30'' West 4.761 meters to the beginning of a tangent curve concave southwesterly and having a radius of 17.983 meters, the northwesterly terminusof said curve shall be tangent to a line parallel with and 5.181 meters northeasterly of that certain course described hereinbefore as "South 49°21'05" East 61.256 meters"; thence along said curve northwesterly 6.505 meters through a central angle of 20°43'35'' to said parallel line; thence along said parallel line North 49°21'05" West 18.288 meters to the beginning of a tangent curve concave southwesterly and having a radius of 17.983 meters; thence along Said curve northwesterly 6.505 meters through a central angle of 20°43,35.; thence tangent from said curve North 70°04'40" West 4.761 meters to the beginning of a tangent curve concave northeasterly and having a radius of 12.497 meters; thence along said curve northwesterly 4.690 meters through a central angle of 21°30'17,,; thence non-tangent from said curve North 04°21'05" West 6.895 meters; thence North 49°21'05" West 15.999 meters; thence South 85°38,55" West 6.897 meters to a line parallel with and 1.524 meters northeasterly of that certain course described hereinbefore as "South 49°21'05'` East 55.943 meters"; RBF Consulting Edinger Avenue Parcel lOOlO.1 Temporary Construction Easement (Mullin Lumber Co.) EXHIBIT "A" Revised November 7, ZOO2 October 24, 2001 JN 10-034145.19 Page 4 of 4 thence along said parallel line North 49°21'05'' West 43.126 meters; thence North 04°21'05'' West 6.897 meters; thence North 49°21'05" West 14.095 meters; thence South 85°38'55" West 6..033 meters to a point in said northwesterly line of the land of Mullin Lumber Co., distant thereon North 40°38'30'' East 2.134 meters from the POINT OF COMMENCEMENT. Said strip of land shall be lengthened or shortened so as to terminate southeasterly in said northwesterly right-of-way line of Redhill Avenue and terminate northwesterly in said northwesterly line of the land of Mullin Lumber Company. CONTAINING: 1031.149 Square Meters (11,099 Square Feet) more or less. Unless otherwise noted, all bearings and distances in this description are metric ground based on the California Coordinate System, (CCC83) Zone VI NAD 1983 (1991.35 O.C.S. GPS Adjustment) SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached and by this reference made a part hereof. John W<jPfeifer,~LlS. 5329 5329 EXP. I2-31-2003 ~. 7,~'~,, C) r'-~ LINE OF A PARCEL LAND PER O.R. SCALE=l:500 XHIBIT SKETCH TO A¢~Ot~!PANy A LEOAL D~,$~I~IPTION EDINgER A VENUE PARCEL 10010. ! TEt~PORARy CoNsTRucTION EASEI~ENT (MULUN LUMBER co.) CONTAINING I051.149 SQUARE I~ETERS +/- SHEET I OF 2 SHEETS ~ NO~ Z, 2O02 / / SCALE= 1:500 _~s4 '5o Los "~ EXHIBIT SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR EDINGER AVENUE PARCEL I0010. 1 TE~tPORARY CONSTRUCTION EASEk(ENT LU~IBER CO.) CONTAINING 1031. I,19 SQUARE IdETERS :lO0-_lO N85 °58 '50 "E .% SHEE[ 2 OF 2 SHEETS CONSULTING O~TOE~ 24, 2001 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. (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. IPERSONAL SERVICE) I delivered such envelope(s) by hand to the offices of he addressee(s). (STATE) I declare that I am employed in the office of the CITY OF TUSTIN at whose direction the service was made. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. (FEDERAL) I declare that I am employed in the office of the CITY OF TUSTIN at whose direction the service was made. I declare under penalty of perjury under the laws of the United States of America that the above is true and correct. Executed on 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 Borchard Redhill 1542 Edinger Avenue, et al APN 430-282-02 through 05 Resolution No. 03-16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O RESOLUTION NO. 03-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, STATE OF CALIFORNIA, AUTHORIZING AND DIRECTING THE CITY ATTORNEY AND/OR SPECIAL LEGAL COUNSEL TO ACQUIRE BY CONDEMNATION CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF TUSTIN, STATE OF CALIFORNIA, AND TO OBTAIN IMMEDIATE POSSESSION THEREOF FOR THE EDINGER AVENUE WIDENING PROJECT (CIP 7147) AND DECLARING THE PUBLIC CONVENIENCE AND NECESSITY THEREOF The City Council of the City of Tustin ("City"), by vote of two-thirds or more of its members, FINDS, DETERMINES, DECLARES, AND RESOLVES that: WHEREAS, City intends to construct the Edinger Avenue Improvements ("Project"), a public use, and, in connection therewith, acquire interests in certain real property. The Project is for a public use that is a function of City; and WHEREAS, City intends to construct the Project to make effective the principal purpose of street widening in compliance with the City's General Plan, including but not limited to property to be used for the protection or preservation of the attractiveness, safety, and usefulness of the Project as set forth in Code of Civil Procedure Section 1240.120(a); and WHEREAS, the Project requires the acquisition of fee interests and temporary construction easements in certain real property located at 1542 Edinger Avenue, et al (APN 430-282-02 through 05); 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 21 (water facilities); Streets and Highways Code Section 5100 et seq. (Street Improvement Act acquisitions); and 22 23 24 25 26 27 28 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 south side of Edinger Avenue east of Red Hill 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, and summary of the basis for the amount established as just compensation for the real property and interests sought to be acquired; and WHEREAS, a reasonable length of time has expired since the date of the offers to the owners of the real property and interests therein sought to be acquired, and the owners have failed to favorably respond to the offers of the amounts established by City as just compensation; and WHEREAS, some or portions of the property and interests therein hereinafter described are being acquired as a "remnant" pursuant to Code of Civil Procedure Section 1240.410; and WHEREAS, some or portions of the property and interests therein hereinafter described are being acquired for a compatible joint use pursuant to Code of Civil Procedure Section 1240.510; and WHEREAS, the Project is part of the City's Capital Improvement Program, and on August 5, 2002, the City Council of the City, adopted Resolution No. 02-77 exempting the acquisitions required by the Project from the provisions of Government Code, Section 65402; and WHEREAS, on April 16, 2001 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 May 8, 2001 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 20 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. 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. 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: 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; To acquire the property in fee simple absolute unless a lesser estate is described in Appendix A; 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 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 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 A. 4 19. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit "A" Exhibit "A" Appendix A CONTENTS Legal Description Parcel 10011 and Parcel 10011.2 (Borchard Red Hill) Legal Description Parcel 10011.3 and Parcel 10011.5 Temporary Construction Easement (Borchard Red Hill) -5- RBF CONSULTING 14725 Alton Parkway Irvine, California 92618 EXHIBIT "A" LEGAL DESCRIPTION Revised June 5, 2002 August 31, 1999 JN 10-034145.14 Page ! of 6 EDINGER AVENUE PARCEL 10011, PARCEL 10011.1 PARCEL 10012.Z (BORCHARD REDHZLL) Those certain parcels of land situated in the City of Tustin, County of Orange, State of California, being those portions of Parcels 1, 2 and 4 as shown on a map filed in Book 64, Page 39 of Parcel Maps in the Office of the County Recorder of said Orange County, described as follows: Parcel 10011 BEGINNING at the intersection of the easterly line of said Parcel 2 with the southwesterly right-of-way line of Edinger Avenue {formerly Moulton Parkway) as shown on said parcel map, said intersection being in a curve concave northeasterly and having a radius of 384.04g meters, a radial line of said curve from said point bears North 21°21'35" East; thence along said southwesterly right-of-way line and the southeasterly right-of- way line of Redhill Avenue as shown on said parcel map through the following courses: along said curve northwesterly 129.325 meters through a central angle of 19° 17'38"; thence tangent from said curve North 49°20'47" West 4.261 meters; thence South 85°38'52" West 11.209 meters; thence South 40°38'30" West 186.042 meters; thence leaving said southeasterly right-of-way line North 41° 40108'' East 34.567 meters to the beginning of a tangent curve concave southeasterly and having a radius of 43.196 meters; thence along said curve northeasterly 12.269 meters through a central angle of 16° 16'25" to a point of reverse curvature with a curve concave northwesterly and having a radius of 48.683 meters, a radial line of said curve from said point RBF Consulting Edinger Avenue Parcel 10011, Parcel Parcel 10011.2 (Borchard Redhi11) ¢ 10011.1 EXI~IBIT "A" Revised June 5, 2002 August 31, lggg JN 10.034145.14 Page 2 of 6 bears North 32° 03'27" West; thence along said curve northeasterly 13.821 meters through central angle of 16°15,57,,; thence tangent from said curve North 41° 40'36" East 73.835 meters to a line parallel with and 6.096 meters southeasterly of that certain course described hereinbefore as "South 40°38'30'' West 186.042 meters"; thence along said parallel line North 40° 38'30" East 50.467 meters; thence North 85° 30'50" East 11.182 meters to a point on a non-tangent curve concave northeasterly and having a radius of 385.573 meters, said curve being concentric with and 1.524 meters southwesterly of that certain curve described hereinbefore as having a radius of 384.049 meters and an arc length of~129.325 meters, a radial line of said concentric curve from said point bears North 40°23'11" East; thence along said concentric curve southeasterly 24.499 meters through a central angle of 03°38'26"; thence non-tangent from said curve South 08° 4g'26" East 6.828 meters; thence South 54° 54'53" East 13.092 meters; thence North 78° 56'2g" East 6.831 meters to a non-tangent intersection with the southeasterly continuation of said concentric curve, a radial line of said curve from said intersection bears North 33° 23'35" East; thence along said curve southeasterly 7.591 meters through a central angle of 01° 07'41" to a point of reverse curvature with a curve concave southwesterly and having a radius of 12.497 meters, a radial line of said curve from said point bears South 32° 15'54" West; thence along said curve southeasterly 2.774 meters through central angle of 12° 43'03"; thence tangent from said curve South 45° 0t'03" East 11.294 meters to the beginning of a tangent curve concave northeasterly and having a radius of 17.g83 meters, the southeasterly terminus of said curve shall be a point of compound curvature with a curve concave northeasterly, having a radius of 389.230 meters, concentric with and 5.181 meters southwesterly of said curve having a radius of RBF Consulting Edtnger Avenue Parcel 10011, Parcel 10011.1 Parcel 10011.2 (Borchard Redhill) EXHIBIT "Ail Revised June 5, ZOO2 August 31, 1999 JN 10.034145.14 Page 3 of 6 384.049 meters; thence along said curve having a radius of 17.983 meters southeasterly 4.851 meters through a central angle of 15°27'16,' to said point of compound curvature, a radial line of said curves from said point bears.North 29° 31'41" East; thence along said concentric curve southeasterly 18.593 meters through a central angle of 02° 44'13" to a point of compound curvature with a curve concave northeasterly and having a radius of 17.983 meters, a radial line of said curves from said point bears North 26° 47'28" East; thence along said curve easterly 4.851 meters through a central angle of 15° 27'16"; thence tangent from said curve South 78° 39'48" East 11.294 meters to the beginning of a tangent curve concave southwesterly and having a radius of 12.497 meters, the easterly terminus of said curve shall be a point of reverse curvature with a curve concave northeasterly, having a radius of 385.573 meters, concentric with and 1.524 meters southwesterly of said curve having a radius of 384.049 meters; thence along said curve having a radius of 12.497 meters easterly 2.774 meters through a central angle of 12°43'03,, to said point of reverse curvature, a radial line of said curve from said point bears North 24° 03'15" East; thence along said concentric curve southeasterly 5.238 meters through central angle of O0° 46'42"; thence non-tangent from said curve South 22° 17'36" East 6.828 meters; thence South 68° 42'03" East 8.180 meters to a point in said easterly line of Parcel 2, distant thereon South 21°21'35', West 6.240 meters from the POINT OF BEGINNING; thence along said easterly line North 21°21'35" East 6.240 meters to the POINT OF BEGINNING. CONTAINING: 1325.982 square meters, more or less. PARCEL 10011.1 BEGINNING at the southwesterly terminus of that certain course shown as RBF Consulting Edinger Avenue Parcel 10011, Parcel 10011.1 Parcel 10011.2 (Borchard Redhill) EXHIBZT "A" Revised June 5, 2002 August 31, lggg JN 10.034145.14 Page 4 of 6 "North 39°48'40" East 254.03 feet" (77.428 meters) along the southeasterly right- of-way line of Redhill Avenue within said Parcel 1 on said parcel map; thence along the easterly and northeasterly right-of-way lines of Edinger Avenue {formerly Moulton Parkway) as shown on said parcel map through the following courses: South 04021'08'' East 11.205 meters; thence South 49°20'47" East 4.273 meters to the beginning of a tangent curve concave northeasterly and having a radius of 347.473 meters; thence along said curve southeasterly 123.692 meters through a central angle of 20°23,45,,; thence tangent from said curve South 6g°44'32'' East 111.207 meters; thence leaving said northeasterly right-of-way line North 68°52'09' West 100.012 meters to a line parallel with and 1.524 meters northeasterly of that certain course described hereinbefore as "South 69°44'32" East 111.207 meters"; thence along said parallel line North 6g°44'32' West 11.207 meters to the beginning of a tangent curve concentric with and 1.524 meters northeasterly of that certain curve described hereinbefore as having a radius of 347.473 meters and an arc length of 123.692 meters; thence along said concentric curve westerly 20.818 meters through a central angle of 03026'52'' to a point of compound curvature with a curve concave northeasterly and having a radius of 12.497 meters, a radial line of said curves from said point bears North 23042'20'' East; thence along said curve northwesterly 2.313 meters through a central angle of 10o36,20,; thence tangent from said curve North 55°41'20" West 23.099 meters to the beginning of a tangent curve concave southwesterly and having a radius of 17.983 meters the northwesterly terminus of said curve shall be a point of reverse curvature with a curve concave northeasterly, having a radius of 342.291 meters, concentric with and 5.182 meters northeasterly of said curve having a radius of 347.473 meters; thence along said curve having a radius of 17.983 meters northwesterly 1.g14 RBF Consulting Edinger Avenue Parcel 10011, Parcel 10011.1 Parcel 10011.2 (Borchard Redhi11) EXHIBIT "A" Revised June 5, 200Z August 31, lggg Jfl 10.034145.14 Page 5 of 6 meters through a central angle of 06°05'53' to said point of reverse curvature, a radial line of said curve from said point bears North 28°12'47'' East; thence along said concentric curve northwesterly 74.321 meters through central angle of 12°26'26'' to the tangent intersection with a line parallel with and 5.182 meters northeasterly of that certain course described hereinbefore as "South 49°20'47" East 4.273 meters"; thence along said parallel line North 49°20'47" West 4.272 meters; thence North 04021'08" West 11.209 meters to said southeasterly right-of-way line of Redhill Avenue; thence along said southeasterly right-of-way line South 40°38'30" West 5,184 meters to the POINT OF BEGINNING. CONTAINING: 671.042 square meters, more or less Parcel 10011.2 BEGINNING at the intersection of the westerly line of said Parcel 4 with the southwesterly right-of-way line of Edinger Avenue (formerly Moulton Parkway) as shown on said parcel map, said intersection being in a curve concave northeasterly and having a radius of 384.049 meters, a radial line of said curve from said point bears North 21°21'35" East; thence along said southwesterly right-of-way line through the following courses: along said curve easterly 7.386 meters through a central angle of 01°06'07"; thence tangent from said curve South 69°44'32" East 113.316 meters to the b~ginn~ of~ ~n-geht'c~ con~av~t-hwes{~ and having~ radius of 34~.~7~ meters; thence along said curve easterly 12.628 meters through a central angle of 02°04,56,,; thence leaving said southwesterly right-of-way line, non-tangent from said curve South 66016'57'' West 7.023 meters; thence North 69°18'05'' West 13.183 meters; thence North 25°11'04'' West 6.949 meters; RBF Consulting Edinger Avenue Parcel 100[[, Parcel Parcel 20011.2 (Borchard Redhi11) 10011.1 EXHIBIT "A" Revised June 5, 2002 August 31, 1999 JN I0,034145.i4 Page G of 6 thence North 70°36'56" West 91.537 meters to a meters southwesterly of that certain course "South 69°44'32'' East 113.316 meters"; line parallel with and 1.524 described hereinbefore as thence along said parallel line North 69°44'32', West 0.990 meters; thence South 65°15'07" West 6.898 meters; thence North 68°42'03'' West 12.869 meters to a point in said westerly tine of Parcel 4, distant thereon South 21°21'35" West 6.240 meters from the POINT OF BEGINNING; thence along said westerly line North 21°21'35" East 6.240 meters to the POINT OF BEGINNING. CONTAINING: 268.975 square meters, more or less. Unless otherwise noted, all bearings and distances in this description are metric ground based on the California Coordinate System, (CCC83) Zone VI NAD 1983 (1991.35 O.C.S. GPS Adjustment). SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXNIBIT "B" attached and by this reference made a part hereof. Gregory A. Helmer, L.S. 5134 Valid Through I I I I I I I SEE SHEET 2 4.2CIm L=13.821m ~'~R=4J. 196m ~ I LL=12'269m EXHIBIT 'B' SKETCH TO ACCO~IPANY A L£OAL D£SCRIPTION FOR EDINGER AVENUE PARCEL lO011 (BORCHA£D R£DHILL) CONTAINING 132S. g82 SOUARE ~ERS ~ SH£ET1 ors SHEETS~~ AUGUST $1. I~ J.N. ~0-054~$. ~ SCALE= 1:1000 PARoEL 2 I I PCC 11.207m PAROE'I. ~ PA EXHIBIT SKETCH TO ACCO~IPANY A LEGAL DESCRIPTION FOR EDINGER AVENUE PARCEL 1001 t 1 (BORCHARD REDNILL) CON?AININ¢ 671.042 SOUARE SHEET 2 OF 3 SNEERS ~ ~ ~ ~-V. ~E $, 2002 AUGUST 31, 1£~o9 J.N. 1D-034145. 14 ~ I~TA ~ 145tD~E~IBITS[ 14~019.D~ \ EXHIBIT L =7, J86m SKETCH TO ACCOMPANY A L~GAL DE$C£/PT/ON FOR EDINGER AVENUE PARCEL 10011.2 (BORCHARD REDHILL) CONTAINING 268.975 SOUARE k!ETERS ~ SEEShEET2 SHEET 3 OF $ SHEETS t~ I~PSIPDATA tJ4 ~451D~£~tIBITSl I45EXO20.DI~ RBF CONSULTING 147Z5 Alton Parkway Irvine, California 92618 EXHIBIT "A" LEGAL OESCRIPTION Revised November 7, 2002 October 24, 2001 3N 10-034145.21 Page 1 of 6 EDINGER AVENUE PARCEL 10011.3, PARCEL 10011.4 PARCEL 10011.5 TEMPORARY CONSTRUCTION EASEMENTS (BORCNARD REDBILL) Those certain parcels of land situated in the City of Tustin, County of Orange, State of California, being those portions of Parcels 1, 2 and 4 as shown on a map filed in Book 64, Page 39 of Parcel Maps in the Office of the County Recorder of said Orange County, described as follows: Parcel 10011.3 A stripof land 4.500 meters wide, the southeasterly, southerly and southwesterly lines of which are described as follows: COMMENCING at the intersection of the easterly line of said Parcel 2 with the southwesterly right-of-way line of Edinger Avenue {formerly Moulton Parkway) as shown on said parcel map, said intersection being in a curve concave northeasterly and having a radius of 384.049 meters, a radial line of said curve from said point bears North 21°21'35" East; thence along said southwesterly right-of-way line and the southeasterly right-of- way line of Redhill Avenue as shown on said parcel map through the follbwing courses: along said curve northwesterly 129.325 meters through a central angle of 19° 17'38"; thence tangent from said curve North 49°20'47" West 4.261 meters; thence South 85°38'52'' West 11.209 meters; thence South 40°38'30" West 186.042 meters to the ?RU£ POINT OF BEGINNING; thence meters radius leaving said southeasterly right-of-way line North 41° 40'08" East 34.567 to the beginning of a tangent curve concave southeasterly and having a of 43.196 meters; thence along said curve northeasterly 12.269 meters through a central angle of 16° 16'25" to a point of reverse curvature with a curve concave northwesterly and having a radius of 48.683 meters, a radial line of said curve from said point bears North 32° 03'27" West; RBF Consulting Edinger Avenue Parcel 10011.3, Parcel 10011.4 Parcel 10011.5 Temporary Construction Easements (Borchard Redhi11) Revised November 7, 2002 October 24, 2001 JN 10.034145.21 Page 2 of 6 EXHIBIT "A" thence along said curve northeasterly 13.821 meters through central angle of 16o15,57,,; thence tangent from said curve North 41o40'36" East 37.000 meters to a point hereinafter referred to as Point "A"; thence continuing North 41°40'36" East 36.835 meters to a line parallel with and 6.096 meters southeasterly of that certain course described hereinbefore as "South 40o38'30" West 186.042 meters"; thence along said parallel line North 40°38'30,' East 50.467 meters; thence North 85°30'50" East 11.182 meters to a point on a non-tangent curve concave northeasterly and having a radius of 385.573 meters, said curve being concentric with and 1.524 meters southwesterly of that certain curve described hereinbefore as having a radius of 384.049 meters and an arc length of 129.325 meters, a radial line of said concentric curve from said point bears North 40°23'11'' East; thence along said concentric curve southeasterly 24.499 meters through a central angle of 03°38'26"; thence non-tangent from said curve South 08°49'26" East 6.828 meters; thence South 54°54'53" East 13.092 meters; thence North 78°56'29" East 6.831 meters to a non-tangent intersection with the southeasterly continuation of said concentric curve, a radial line of said curve from said intersection bears North 33°23'35" East; thence along said curve southeasterly 7.591 meters through a central angle of 01°07'41" to a point of reverse curvature with a curve concave southwesterly and having a radius of 12.497 meters, a radial line of said curve from said point bears South 32015'54" West; thence along said curve southeasterly 2.774 meters through central angle of 12°43'03"; thence tangent from said curve South 45°01'03'' East 11.294 meters to the beginning of a tangent curve concave northeasterly and having a radius of 17.983 meters, the southeasterly terminus of said curve shall be a point of compound curvature with a curve concave northeasterly, having a radius of 389.230 meters, concentric with and 5.181 meters southwesterly of said curve having a radius of 384.049 meters; thence along said curve having a radius of 17.983 meters southeasterly 4.851 RBF Consulting Edinger Avenue Parcel 10011.3, Parcel 10011.4 Parcel 10011.5 Temporary Construction Easements (Borchard Redhi11) Revised November 7, 2002 October 24, 2001 3N 10.034145.21 Page 3 of 6 EXHIBIT "A" meters through a central angle of 15°27'16" to said point of compound curvature, a radial line of said curves from said point bears North 2g°31'41" East; thence along said concentric curve southeasterly 18.593 meters through a central angle of 02°44'13" to a point of compound curvature with a curve concave northeasterly and having a radius of 17.983 meters, a radial line of said curves from said point bears North 26° 47'28" East; thence along said curve easterly 4.851 meters through a central angle of 15°27'16"; thence tangent from said curve South 78° 39'48" East 11.294 meters to the beginning of a tangent curve concave southwesterly and having a radius of 12.497 meters, the easterly terminus of said curve shall be a point of reverse curvature with a curve concave northeasterly, having a radius of 385.573 meters, concentric with and 1.524 meters southwesterly of said curve having a radius of 384.049 meters; thence along said curve having a radius of 12.497 meters easterly 2.774 meters through a central angle of 12°43'03" to said point of reverse curvature, a radial line of said curve from said point bears North 24°03'15" East; thence along said concentric curve southeasterly 5.238 meters through central angle of 00°46'42"; thence non-tangent from said curve South 22017'36" East 6.828 meters; thence South 68°42'03" East 8.180 meters to a point in said easterly line of Parcel 2, distant thereon South 21021'35" West 6.240 meters from the POINT OF COMMENCEMENT; Said strip of land shall be lengthened or shortened southeasterly so as to terminate in said easterly line of Parcel 2. TOGETHER WITH a strip of land 8.000 meters wide; the northwesterly line of which is described as follows: BEGINNZNG at said Point "A"; thence North 41°4D'36" East 12.000 meters. CONTAINING: 1521.492 Square Meters (16,377 Square Feet) more or less. PARCEL 10011.4 A strip of land 4.500 meters wide the southerly, southwesterly and westerly lines RBF Consulting Edinger Avenue Parcel 10011.3, Parcel 10011.4 Parcel 10011.5 Temporary Construction Easements (Borchard Redhi11) Revised November 7, 2002 October 24, 2001 JN 10.034145.21 Page 4 of 6 EXHIBIT "A" of which are described as follows: COMMENCING at the southwesterly terminus of that certain course shown as "North 39°48'40" East 254.03 feet" (77.428 meters) along the southeasterly right- of-way line of Redhill Avenue within said Parcel 1 on said parcel map; thence along the easterly and northeasterly right-of-way lines of Edinger Avenue (formerly Moulton Parkway) as shown on said parcel map through the following courses: South 04°21'08'' East 11.205 meters; thence South 49020'47'' East 4.273 meters to the beginning of a tangent curve concave northeasterly and having a radius of 347.473 meters; thence along said curve southeasterly 123.692 meters through a central angle of 20°23'45"; thence tangent from said curve South 69°44'32" East 111.207 meters to the TRUE POINT OF BEGINNING; thence leaving said northeasterly right-of-way line North 68°52'09" West 100.012 meters to a line parallel with and 1.524 meters northeasterly of that certain course described hereinbefore as "South 69044'32" East 111.207 meters"; thence along said parallel line North 69°44'32" West 11.207 meters to the beginning of a tangent curve concentric with and 1.524 meters northeasterly of that certain curve described hereinbefore as having a radius of 347.473 meters and an arc length of 123.692 meters; thence along said concentric curve westerly 20.818 meters through a central angle of 03°26'52" to a point of compound curvature with a curve concave northeasterly and having a radius of 12.497 meters, a radial line of said curves from said point bears North 23°42'20'' East; thence along said curve northwesterly 2.313 meters through a central angle of 10°36,20,,; thence tangent from said curve North 55°41'20" West 23.099 meters to the beginning of a tangent curve concave southwesterly and having a radius of 17.983 meters the northwesterly terminus of said curve shall be a point of reverse curvature with a curve concave northeasterly, having a radius of 342.291 meters, concentric with and 5.182 meters northeasterly of said curve having a radius of 347.473 meters; thence along said curve having a radius of 17.983 meters northwesterly 1.914 RBF Consulting EdJnger Avenue Parcel 10011.3, Parcel 10012.4 Parcel 1001~.5 Temporary Construction Easements (Borchard Redhi11) Revised November 7, 2002 October 24, 2001 JN 10,034145.21 Page 5 of 6 EXHIBIT "A" meters through a central angle of 06°05'53' to said point of reverse curvature, a radial line of said curve from said point bears North 28°12'47" East; thence along said concentric curve northwesterly 74.321 meters through central angle of 12°26'26'' to the tangent intersection with a line parallel with and 5.182 meters northeasterly of that certain course described hereinbefore as "South 49°20'47' East 4.273 meters"; thence along said parallel line North 49°20'47' West 4.272 meters; thence North 04°21'08" West 11.209 meters to said southeasterly right-of-way line of Redhill Avenue. Said strip of land shall be lengthened or shortened northerly so as to terminate in said southeasterly right-of-way line. CONTAINING: 1119.480 Square Meters (12,050 Square Feet) more or less. Parcel 10011.5 A strip of land 4.500 meters wide the northwesterly and northerly lines of which are described as follows: COMMENCING at the intersection of the westerly line of said Parcel 4 with the southwesterly right-of-way line of Edinger Avenue {formerly Moulton Parkway) as shown on said parcel map, said intersection being in a curve concave northeasterly and having a radius of 384.049 meter~, a radial line of said curve from said point bears North.21°21'35,' East; thence along said southwesterly right-of-way line through the following courses: along said curve easterly 7.386 meters through a central angle of 01°06'07"; thence tangent from said curve South 69°44'32" East 113.316 meters to the beginning of a tangent curve concave southwesterly and having a radius of 347.473 meters; thence along said curve easterly 12.628 meters through a central angle of 02°04'56" to the TRUE POINT OF BEGINNING; thence leaving said southwesterly right-of-way line, non-tangent from said curve South 66°16'57'' West 7.023 meters; thence North 69°18'05" West 13.183 meters; thence North 25°11'04'' West 6.949 meters; RBF Consulting Edinger Avenue Parcel 10011.3, Parcel I0011.4 Parcel 10011.5 Temporary Construction Easements (Borchard Redht11) Revised November 7, ZOO2 October 24, 2001 3N 10.034145.21 Page 6 of 6 EXHIBIT "A" thence North 70:36'56" West 91.537 meters to a meters southwesterly of that certain course "South 69°44'32,' East 113.316 meters"; line parallel with and 1.524 described hereinbefore as thence along said parallel line North 69044'32'' West 0.990 meters; thence South 65°15'07'' West 6.898 meters; thence North 68°42'03'' West 12.869 meters to a point in said westerly line of Parcel 4, distant thereon South 21°21'35'' West 6,240 meters from the POINT OF COMMENCEMENT; Said strip of land shall be lengthened or shortened so as to terminate in southeasterly in said southwesterly right-of-way line and the easterly line of said Parcel 4 and terminate westerly in said westerly line of Parcel 4. CONTAINING: 635.103 Square Meters (6836 Square Feet) more or less. Unless otherwise noted, all bearings and distances in this description are metric ground based on the California Coordinate System, {CCC83) Zone VI NAD 1983 {1991.35 O.C.S. GPS Adjustment). SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached and by this reference made a part hereof. 5329 EXP, 12-31-200,'3 L=13.821m L = 12.269m T,P.O.B, 1.261m I I I I 5XHIBIT 'B' 10011.3 SK~'TCH TO ACCOWPANY A L~C, AL DESCRIPTION EDINGE~ A VENUE PARCEL 1001 ;TEmPOrArY CONSTRUCTION E~SE~ENT ~BORCHARD REDHILL) CONTAIN/NG ~52~.492 SQUARE ~ETERS SEE SHEET 2 P.U.~. ~,~/,~)1 PO_. ~ .1~24~_j. '/ E×HIBFF 'B' SKE'TON TO AOOOI~PANY A I ~L D~CRIPTION FON EOlNGEE AVENUE PARCEL 10011.4 TE~PORAR~ CONSTRUCTION EA T ~BORCHARD REDHILL) CONTAININ~ I 119.480 SOUARE ~ETERS PRC R=3,t5.94~m L=20.81Sm ' 1.207m ?ARGEL I T.P.O.B. 10011.4 ~4/,~) 10011.5 L=?.38~m ~'44 '52"tf 990~ \ SEE SI-~ET 2 Office of the City Manager March 17, 2003 Borchard Redhill cio Calwest Industrial Properties, LLC c/o Deloitte & Touche, LLC 2235 Faraday Avenue, Suite O Carlsbad, CA 92008-7215 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] Edinger Avenue Widening Project (CIP 7147) Property: 1542 Ed inger Avenue, et al Dear Property Owner: 1. Notice of the Intent of Tuetin 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 Edinger Avenue Widening Project between the SR-55 Freeway and 1,400 feet east of Red Hill Avenue (CIP 7147). A description of the property being considered for acquisition marked Appendix A accompanies the proposed Resolution of Necessity, attached to this Notice as Exhibit A (which property shall be referred to herein as the Property). 2. Notice of Your Right to Appear and be Heard. Please take notice that the City Council of City, at a regular meeting to be held on Monday, 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; Borchard Red Hill 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). Borchard Red Hill 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. Borchard Red Hill 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 (¢)) (Proposed Resolution of Necessity) Mark Brecheen, PGP Partners, Inc. Kelly Mulligan, PGP Partners, Inc. Jim McKenzie, Greenwood & Sons Michael S. Severson, RREEF 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 Project -Active\7147 - Edinger Ave. Widening~Acquisition\Bomhard Eminent Domain 1 2 3 4 5 6 7 8 9 10 11 12 13 RESOLUTION NO. 03-16 EXHIBIT A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, STATE OF CALIFORNIA, AUTHORIZING AND DIRECTING THE CITY ATTORNEY AND/OR SPECIAL LEGAL COUNSEL TO ACQUIRE BY CONDEMNATION CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF TUSTIN, STATE OF CALIFORNIA, AND TO OBTAIN IMMEDIATE POSSESSION THEREOF FOR THE EDINGER AVENUE WIDENING PROJECT (CIP 7147) AND DECLARING THE PUBLIC CONVENIENCE AND NECESSITY THEREOF The City Council of the City of Tustin ("City"), by vote of two-thirds or more of its members, FINDS, DETERMINES, DECLARES, AND RESOLVES that: WHEREAS, City intends to construct the Edinger Avenue Improvements ("Project"), a public use, and, in connection therewith, acquire interests in certain real property. The Project s for a pub c use that s a function of City; and 14 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 15 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); 16 and 17 WHEREAS, the Project requires the acquisition of fee interests and temporary 18 construction easements in certain real property located at 1542, Edinger Avenue, et al (APN 430-282-02 through 05); and 19 20 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 21 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 22 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 23 (water facilities); Streets and Highways Code Section 5100 et seq. (Street Improvement Act 24 acquisitions); and 25 26 27 28 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 south side of Edinger Avenue east of Red Hill 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, and summary of the basis for the amount established as just compensation for the real property and interests sought to be acquired; and WHEREAS, a reasonable length of time has expired since the date of the offers to the owners of the real property and interests therein sought to be acquired, and the owners have failed to favorably respond to the offers of the amounts established by City as just compensation; and WHEREAS, some or portions of the property and interests therein hereinafter described are being acquired as a "remnant" pursuant to Code of Civil Procedure section 1240.410; and WHEREAS, some or portions of the property and interests therein hereinafter described are being acquired for a compatible joint use pursuant to Code of Civil Procedure section 1240.510; and WHEREAS, the Project is part of the City's Capital Improvement Program, and on August 5, 2002, the City Council of the City, adopted Resolution No. 02-77 exempting the acquisitions required by the Project from the provisions of Government Code, section 65402; and WHEREAS, on May 8, 2001 pursuant to Public Resources Code section 21000, et seq., the California Environmental Quality Act ("CEQA"), the City filed a Notice of Determination under CEQA with the County Clerk of the County of Orange, California; and WHEREAS, pursuant to the provisions of Code of Civil Procedure, section 1245.235, on 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 1o 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 ~lace stated therein. -2- 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 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. The proposed Project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury. The property described in Appendix A is necessary for the proposed Project. 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: 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; 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 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; 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 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 A. Exhibit "A" B. Exhibit "A" Appendix A CONTENTS Legal Description Parcel 10011 and Parcel 10011.2 (Borchard Red Hill) Legal Description Parcel 10011.3 and Parcel 10011.5 Temporary Construction Easement (Borchard Red Hill) -5- RBF CONSULTING 14725 Alton Parkway Irvine, California 92618 EXHIBIT "A" LEGAL DESCRZPTZON EDINGER AVENUE PARCEL 10011, PARCEL 10011.1 PARCEL 10011.2 (BORCNARD REDHILL) Revised June 5, 2002 August 31, 1999 JN 10-034145.14 Page 1 of 6 Those certain parcels of land situated in the City of Tustin, County of Orange, State of California, being those portions of Parcels 1, 2 and 4 as shown on a map filed in Book 64, Page 39 of Parcel Maps in the Office of the County Recorder of said Orange County, described as follows: Parcel 10011 BEGINNING at the intersection of the easterly line of said Parcel 2 with the southwesterly right-of-way line of Edinger Avenue (formerly Moulton Parkway) as shown on said parcel map, said intersection being in a curve concave northeasterly and having a radius of 384.049 meters, a radial line of said curve from said point bears North 21021'35'' East; thence along said southwesterly right-of-way line and the southeasterly right-of- way line of Redhill Avenue as shown on said parcel map through the following courses: along said curve northwesterly 129.325 meters through a central angle of 19° 17'38"; thence tangent from said curve North 49°20'47" West 4,261 meters; thence South 85°38'52'' West 11.209 meters; thence South 40°38'30" West 186.042 meters; thence meters radius leaving said southeasterly right-of-way line North 41° 40'08" East 34.567 to the beginning of a tangent curve concave southeasterly and having a of 43.196 meters; thence along said curve northeasterly 12.269 meters through a central angle of 16° 16'25" to a point of reverse curvature with a curve concave northwesterly and having a radius of 48.683 meters, a radial line of said curve from said point RBF Consulting Edtnger Avenue Parcel 10011, Parcel lOOll.1 Parcel 10011.2 (Borchard Redhill) EXHIBIT "'A" Revised June 5, 2002 August 31, 1999 JN 10.034145.14 Page 2 of 6 bears North 32° 03'27" West; thence along said curve northeasterly 13.821 meters through central angle of 16°15,57,,; thence tangent from said curve North 41° 40'36" East 73.835 meters to a line parallel with and 6.096 meters southeasterly of that certain course described hereinbefore as "South 40°38'30" West 186.042 meters"; thence along said parallel line North 40° 38'30" East 50.467 meters; thence North 85° 30'50" East 11.182 meters to a point on a non-tangent curve concave northeasterly and having a radius of 385.573 meters, said curve being concentric with and 1.524 meters southwesterly of that certain curve described hereinbefore as having a radius of 384.049 meters and an arc length of-129.325 meters, a radial line of said concentric curve from said point bears North 40°23'11" East; thence along said concentric curve southeasterly 24.499 meters through a central angle of 03°38'26"; thence non-tangent from said curve South 08° 49'26" East 6.828 meters; thence South 54° 54'53" East 13.092 meters; thence North 78° 56'29" East 6.831 meters to a non-tangent intersection with the southeasterly continuation of said concentric curve, a radial line of said curve from said intersection bears North 33° 23'35" East; thence along said curve southeasterly 7.591meters through a central angle of 01° 07'41" to a point of reverse curvature with a curve concave southwesterly and having a radius of 12.497 meters, a radial line of said curve from said point bears South 32° 15'54" West; thence along said curve southeasterly 2.774 meters through central angle of 12° 43'03"; thence tangent from said curve South 45° 01'03" East 11.294 meters to the beginning of a tangent curve concave northeasterly and having a radius of 17.983 meters, the southeasterly terminus of said curve shall be a point of compound curvature with a curve concave northeasterly, having a radius of 38g.230 meters, concentric with and 5.181 meters southwesterly of said curve having a radius of RBF Consulting Edinger Avenue Parcel 10011, Parcel 10011.1 Parcel 10011.2 (Borchard Redhill) EXHIBIT "A" Revised June $, 2002 August 31, 1999 JN 10.034145.14 Page 3 of 6 384.049 meters; thence along said curve having a radius of 17.g83 meters southeasterly 4.851 meters through a central angle of 15°27'16" to said point of compound curvature, a radial line of said curves from said point bears.North 29° 31'41" East; thence along said concentric curve southeasterly 18.593 meters through a central angle of 02° 44'13" to a point of compound curvature with a curve concave northeasterly and having a radius of 17.983 meters, a radial line of said curves from said point bears North 26° 47'28" East; thence along said curve easterly 4.851 meters through a central angle of 15° 27'16"; thence tangent from said curve South 78° 3g'48" East 11.294 meters to the beginning of a tangent curve concave southwesterly and having a radius of 12.497 meters, the easterly terminus of said curve shall be a point of reverse curvature with a curve concave northeasterly, having a radius of 385.573 meters, concentric with and 1.524 meters southwesterly of said curve having a radius of 384.049 meters; thence along said curve having a radius of 12.497 meters easterly 2.774 meters through a central angle of 12°43'03" to said point of reverse curvature, a radial line of said curve from said point bears North 24° 03'15" East; thence along said concentric curve southeasterly 5.238 meters through central angle of O0° 46'42"; thence non-tangent from said curve South 22° 17'36" East 6.828 meters; thence South 68° 42'03" East 8.180 meters to a point in said easterly line of Parcel 2, distant thereon South 21°21'35" West 6.240 meters from the POINT OF BEGINNING; thence along said easterly line North 21°21'35" East 6.240 meters to the POINT OF BEGINNING. CONTAINING: 1325.g82 square meters, more or less. PARCEL 10011.1 BEGINNING at the southwesterly terminus of that certain course shown as RBF Consulting Edinger Avenue Parcel 10011, Parcel Parcel 10011.2 (Borchard Redhi11) 10011.1 EXH[BTT "A" Revised June $, 2002 August 31, 1999 JN 10.034145.14 Page 4 of 6 "North 39o48'40'' East 254.03 feet" (77.428 meters) along the southeasterly right- of-way line of Redhill Avenue within said Parcel 1 on said parcel map; thence along the easterly and northeasterly right-of-way lines of Edinger Avenue (formerly Moulton Parkway) as shown on said parcel map through the following courses: South 04°21'08'' East 11.205 meters; thence South 49°20'47" East 4.273 meters to the beginning of a tangent curve concave northeasterly and having a radius of 347.473 meters; thence along said curve southeasterly 123.692 meters through a central angle of 20023,45,,; thence tangent from said curve South 69°44'32" East 111.207 meters; thence leaving said northeasterly right-of-way line North 68°52'09'' West 100.012 meters to a line parallel with and 1.524 meters northeasterly of that certain course described hereinbefore as "South 69°44'32'' East 111.207 meters"; thence along said parallel line North 69°44'32" West 11.207 meters to the beginning of a tangent curve concentric with and 1.524 meters northeasterly of that certain curve described hereinbefore as having a radius of 347.473 meters and an arc length of 123.692 meters; thence along said concentric curve westerly 20.818 meters through a central angle of 03°26'52" to a point of compound curvature with a curve concave northeasterly and having a radius of 12.497 meters, a radial line of said curves from said point bears North 23°42'20', East; thence along said curve northwesterly 2.313 meters through a central angle of 10°36,20,,; thence tangent from said curve North 55°41'20" West 23.099 meters to the beginning of a tangent curve concave southwesterly and having a radius of 17.983 meters the northwesterly terminus of said curve shall be a point of reverse curvature with a curve concave northeasterly, having a radius of 342.291 meters, concentric with and 5.182 meters northeasterly of said curve having a radius of 347.473 meters; thence along said curve having a radius of 17.983 meters northwesterly 1.914 RBF Consulting Edinger Avenue Parcel 10011, Parcel 10011.1 Parcel 10011.2 (Borchard Redhi11) EXHIBIT "A" Revised June 5, 2002 August 31, 1999 JN 10.034145.14 Page 5 of 6 meters through a central angle of 06°05'53' to said point of reverse curvature, a radial line of said curve from said point bears North 28012'47'' East; thence along said concentric curve northwesterly 74.321 meters through central angle of 12026'26'' to the tangent intersection with a line parallel with and 5.182 meters northeasterly of that certain course described hereinbefore as "South 49°20'47' East 4.273 meters"; thence along said parallel line North 49°20'47" West 4.272 meters; thence North 04°21'08" West 11.209 meters to said southeasterly right-of.way line of Redhill Avenue; thence along said southeasterly right-of-way line South 40°38'30" West 5,184 meters to the POINT OF BEGINNING. CONTAINING: 67t.042 square meters, more or less Parcel 10011.2 BEGINNING at the intersection of the westerly line of said Parcel 4 with the southwesterly right-of-way line of Edinger Avenue {formerly Moulton Parkway) as shown on said parcel map, said intersection being in a curve concave northeasterly and having a radius of 384.049 meters, a radial line of said curve from said point bears North 21°21'35" East; thence along said southwesterly right-of-way line through the following courses: along said curve easterly 7.386 meters through a central angle of 01°06'07"; thence tangent from said curve South 69°44'32'' East 113.316 meters to the b~ginnin~of~ ~eh~"~6n~6S~h~s~i~ and having a radius of 347.~73 meters; thence along said curve easterly 12.628 meters through a central angle of 02004,56,,; thence leaving said southwesterly right-of-way line, non-tangent from said curve South 66016'57'' West 7.023 meters; thence North 69°18'05'' West 13.183 meters; thence North 25011'04'' West 6.949 meters; RBF Consulting Edinger Avenue Parcel 10011, Parcel 10011.1 Parcel 10011.2 (Borchard Redh~11) EXHIBIT "A" Revised June 5, 2002 August 31, 1999 JN 10.034145.14 Page 6 of 6 thence North 70°36'56" West 91.537 meters meters southwesterly of that certain "South 6g°44'32' East 113.316 meters"; to a line parallel with and 1.524 course described hereinbefore as thence along said parallel line North 69°44'32" West 0.990 meters; thence South 65°15'07'' West 6.898 meters; thence North 68°42'03'' West 12.869 meters to a point in said westerly line of Parcel 4, distant thereon South 21°21'35'' West 6.240 meters from the POI~ OF BEGZNNING; thence along said westerly tine North 21°21'35,' East 6.240 meters to the POINT OF BEGINNING. CONTAINING: 268.975 square meters, more or less. Unless otherwise noted, all bearings and distances in this description are metric ground based on the California Coordinate System, {CCC83) Zone VI NAD lg83 (1991.35 O.C.S. GPS Adjustment). SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached and by this reference made a part hereof. Gregory A. Helmer, L.S. 5134 1 I i i I I I ZEE 9EET Z EDINC~ER ~ ~ENUE 1.2B1m P~RC££ 2 L=13.821m L=12.269~ I 1 P. ARGEL 5 EXHIBIT EKD'CH 1'0 A¢COt, IPANY A LEGAL DESCRIPTION /rOE EDINGER A VENUE PARCEL 10011 (BORCHARD REDHILL) CONTAINING 1525.982 SOUARE I~ETERS ~ SHEET I OF $ SHEETSB k J AUGUST 31, 1999 J.N. 10-034145. 14 ~ ~RPS~PDATA I.]41451D~GIE)~tlBITS1145D(OIS.D#'8 11. SCALE= 1:1000 ?ARCE/_ Xl-IIBIT 'B' SK~r¢/~ ~'0 ACCO~PAI~y ~4 /~C~4L D~CRIPT/ON FOR £D/N~££ AVENUE PARCEL ~O0~L ! (~O~CH~ ~) CO~T~ ~.o~2 SOu~ ~T~S~ /_.~8'12 ' 4 7'E_(R_._~ )_ PRC t7=17. £ 83~ =1.914m N23'42 /:'CC ~1.20 7r~ FA~OEL 1 SHEET 2 OF ,5 SHEETS r~~ I~RPSIPDATA [54145[D~K~"tlBITS[ 145E'XOI9.DtYG '£ 6.240m(RAD) ~.a.a. 64/$9) L =7. J86m 6.94~m SKETCH )'0 ACCOMPANY A LEGAL DESCRIPTION FOR ED/NGER AVENUE PARCEL 10011.2 {BORCHARD REDH/LL) ¢ONTA/N/NG £68,97S SQUARE METERS S66'1 7. 02.~ L=12.628m ~22 20 24 E (R4D) ?ARoEL 1 SHEET 5 OF $ SHEETS REV, JUNE $, 200£ AUgJST 31, 1999 J.N. I0-0J4145. 14 RBF CONSULTING 14725 Alton Parkway Irvine, California 92618 EXHIBIT "A" LEGAL DESCRIPTION Revised November 7, ZOOZ October 24, ZOO! JN 10-034145.21 Page I of 6 EDINGER AVENUE PARCEL 10011.3, PARCEL 10011.4 PARCEL 10011.5 TEMPORARY CONSTRUCTION EASEMENTS (BORCHARD REDRILL) Those certain parcels of land situated in the City of Tustin, County of Orange, State of California, being those portions of Parcels 1, 2 and 4 as shown on a map filed in Book 64, Page 39 of Parcel Maps in the Office of the County Recorder of said Orange County, described as follows: Parcel 10011.3 A strip of land 4.500 meters wide, the southeasterly, southerly and southwesterly lines of which are described as follows: COMMENCING at the intersection of the easterly line of said Parcel 2 with the southwesterly right-of-way line of Edinger Avenue (formerly Moulton Parkway) as shown on said parcel map, said intersection being in a curve concave northeasterly and having a radius of 384.049 meters, a radial line of said curve from said point bears North 21021'35" East; thence along said southwesterly right-of-way line and the southeasterly right-of- way line of Redhill Avenue as shown on said parcel map through the follbwing courses: along said curve northwesterly 129.325 meters through a central angle of 19° 17'38"; thence tangent from said curve North 4g°20'47" West 4.261 meters; thence South 85°38'52" West 11.209 meters; thence South 40038'30'' West 186.042 meters to the TRUE POINT OF BEGINNING; thence meters radius leaving said southeasterly right-of-way line North 41° 40'08" East 34.567 to the beginning of a tangent curve concave southeasterly and having a of 43.196 meters; thence along said curve northeasterly 12.26g meters through a central angle of 16° 16'25" to a point of reverse curvature with a curve concave northwesterly and having a radius of 48.683 meters, a radial line of said curve from said point bears North 32° 03'27" West; RBF Consulting EdJnger Avenue Parcel 10011.3, Parcel 10011.4 Parcel 10011.5 Temporary Construction Easements (Borchard Redhi11) Revised November 7, 2002 October 24, ZOO1 JN 10.034145.21 Page 2 of 6 EXHIBIT "A" thence along said curve northeasterly 13.821 meters through central angle of 16°15'57"; thence tangent from said curve North 41040'36" East 37.000 meters to a point hereinafter referred to as Point "A"; thence continuing North 41°40'36'' East 36.835 meters to a line parallel with and 6.096 meters southeasterly of that certain course described hereinbefore as "South 40°38'30" West 186.042 meters"; thence along said parallel line North 40°38'30' East 50.467 meters; thence North 85°30'50' East 11.182 meters to a point on a non-tangent curve concave northeasterly and having a radius of 385.573 meters, said curve being concentric with and 1.524 meters southwesterly of that certain curve described hereinbefore as having a radius of 384.04g meters and an arc length of 12g.325 meters, a radial line of said concentric curve from said point bears North 40°23'11'' East; thence along said concentric curve southeasterly 24.499 meters through a central angle of 03°38'26"; thence non-tangent from said curve South 08°49'26" East 6.828 meters; thence South 54054'53" East 13.092 meters; thence North 78°56'29" East 6.831 meters to a non-tangent intersection with the southeasterly continuation of said concentric curve, a radial line of said curve from said intersection bears North 33023'35" East; thence along said curve southeasterly 7.591 meters through a central angle of 01°07'41" to a point of reverse curvature with a curve concave southwesterly and having a radius of 12.497 meters, a radial line of said curve from said point bears South 32015'54" West; thence along said curve southeasterly 2.774 meters through central angle of 12°43'03% thence tangent from said curve South 45001'03" East 11.294 meters to the beginning of a tangent curve concave northeasterly and having a radius of 17.g83 meters, the southeasterly terminus of said curve shall be a point of compound curvature with a curve concave northeasterly, having a radius of 38g.230 meters, concentric with and 5.181 meters southwesterly of said curve having a radius of 384.049 meters; thence along said curve having a radius of 17.g83 meters southeasterly 4.851 RBF Consulting Edinger Avenue Parcel 10011.3, Parcel 10011.4 Parcel 10011.5 Temporary Construction Easements (Sorchard Redhill) Revised November 7, 2002 October 24, 2001 JH 10.034145.21 Page 3 of 6 EXHIBIT "A" meters through a central angle of 15°27'16' to said point of compound curvature, a radial line of said curves from said point bears North 29°31'41' East; thence along said concentric curve southeasterly 18.593 meters through a central angle of 02°44'13" to a point of compound curvature with a curve concave northeasterly and having a radius of 17.983 meters, a radial line of said curves from said point bears North 26° 47'28" East; thence along said curve easterly 4.851 meters through a central angle of 15°27'16"; thence tangent from said curve South 78° 39'48" East 11.294 meters to the beginning of a tangent curve concave southwesterly and having a radius of 12.497 meters, the easterly terminus of said curve shall be a point of reverse curvature with a curve concave northeasterly, having a radius of 385.573 meters, concentric with and 1.524 meters southwesterly of said curve having a radius of 384.049 meters; thence along said curve having a radius of 12.497 meters easterly 2.774 meters through a central angle of 12°43'03" to said point of reverse curvature, a radial line of said curve from said point bears North 24°03'15" East; thence along said concentric curve southeasterly 5.238 meters through central angle of 00°46'42"; thence non-tangent from said curve South 22°17'36" East 6.828 meters; thence South 68042'03" East 8.180 meters to a point in said easterly line of Parcel 2, distant thereon South 21°21'35" West 6.240 meters from the POINT OF COMMENCEMENT; Said strip of land shall be lengthened or shortened southeasterly so as to terminate in said easterly line of Parcel 2. TOGETHER WITH a strip of land 8.000 meters wide; the northwesterly line of which is described as follows: BEGINNING at said Point "A"; thence North 41°40'36~ East 12.000 meters. CONTAINING: 1521.492 Square Meters {16,377 Square Feet} more or less. PARCEL 10011.4 A strip of land 4.500 meters wide the southerly, southwesterly and westerly lines RBF Consulting Edinger Avenue Parcel 10011.3, Parcel 10011.4 Parcel 10011.5 Temporary Construction Easements (Borchard Redhi11) Revised November 7, 2002 October 24, 2001 JN 10.034145.21 Page 4 of 6 EXHIBIT "A" of which are described as follows: COMMENCING at the southwesterly terminus of that certain course shown as "North 39048'40" East 254.03 feet" (77.428 meters) along the southeasterly right- of-way line of Redhill Avenue within said Parcel 1 on said parcel map; thence along the easterly and northeasterly right-of-way lines of Edinger Avenue {formerly Moulton Parkway) as shown on said parcel map through the following courses: South 04°21'08'' East 11.205 meters; thence South 49°20'47" East 4.273 meters to the beginning of a tangent curve concave northeasterly and having a radius of 347.473 meters; thence along said curve southeasterly 123.692 meters through a central angle of 20°23'45"; thence tangent from said curve South 69°44'32" East 111.207 meters to the TRUE POINT OF BEGINNING; thence leaving said northeasterly right-of-way line North 68°52'0g" West 100.012 meters to a line parallel with and 1.524 meters northeasterly of that certain course described hereinbefore as "South 69°44'32" East 111.207 meters"; thence along said parallel line North 69°44'32" West 11.207 meters to the beginning of a tangent curve concentric with and 1.524 meters northeasterly of that certain curve described hereinbefore as having a radius of 347.473 meters and an arc length of 123.692 meters; thence along said concentric curve westerly 20.818 meters through a central angle of 03°26'52'' to a point of compound curvature with a curve concave northeasterly and having a radius of 12.497 meters, a radial line of said curves from said point bears North 23°42'20" East; thence along said curve northwesterly 2.313 meters through a central angle of 10o36,20,,; thence tangent from said curve North 55°41'20" West 23.099 meters to the beginning of a tangent Curve concave southwesterly and having a radius of 17.983 meters the northwesterly terminus of said curve shall be a point of reverse curvature with a curve concave northeasterly, having a radius of 342.291 meters, concentric with and 5.182 meters northeasterly of said curve having a radius of 347.473 meters; thence along said curve having a radius of 17.983 meters northwesterly 1.914 RBF Consulting Edinger Avenue Parcel 10011.3, Parcel 10011.4 Parcel 10011.5 Temporary Construction Easements (Borchard Redhi11) Revised November 7, 2002 October 24, 2001 JN 10.034145.21 Page 5 of 6 EXHIBIT "A" meters through a central angle of 06°05'53" to said point of reverse curvature, a radial line of said curve from said point bears North 28°12'47'' East; thence along said concentric curve northwesterly 74.32I meters through central angle of 12°26'26" to the tangent intersection with a line parallel with and 5.182 meters northeasterly of that certain course described hereinbefore as "South 49°20'47" East 4.273 meters"; thence along said parallel line North 49°20'47" West 4.272 meters; thence North 04°21'08'' West 11.209 meters to said southeasterly right-of-way line of Redhill Avenue. Said strip of land shall be lengthened or shortened northerly so as to terminate in said southeasterly right-of-way line. CONTAINING: 111g.480 Square Meters (12,050 Square Feet) more or less. Parcel 10011.5 A strip of land 4.500 meters wide the northwesterly and northerly lines of which are described as follows: COMMENCING at the intersection of the westerly line of said Parcel 4 with the southwesterly right-of-way line of Edinger Avenue (formerly Moulton Parkway) as shown on said parcel map, said intersection being in a curve concave northeasterly and having a radius of 384.049 meter~, a radial line of said curve from said point bears North.21°21'35,' East; thence along said southwesterly right-of-way line through the following courses: along said curve easterly 7.386 meters through a central angle of 01°06'07"; thence tangent from said curve South 69°44'32" East 113.316 meters to the beginning of a tangent curve concave southwesterly and having a radius of 347.473 meters; thence along said curve easterly 12.628 meters through a central angle of 02°04'56" to the TRUE POINT OF BEGINNING; thence leaving said southwesterly right-of-way line, non-tangent from said curve South 66°16'57'' West 7.023 meters; thence North 69°18'05'' West 13.183 meters; thence North 25011'04'' West 6.949 meters; RBF Consulting Edinger Avenue Parcel 10011.3, Parcel 100~.4 Parcel 10011.5 Temporary Construction Easements (Borchard Redhi11) EXHIBIT "A" Revised November 7, 2002 October 24, 2001 JN 10.034145.21 Page 6 of 6 thence North 70°36'56" West 91.537 meters to a meters southwesterly of that certain course "South 69°44'32" East 113.316 meters"; line parallel with and 1.524 described hereinbefore as thence along said parallel line North 69°44'32'' West 0.990 meters; thence South 65°15'07" West 6.898 meters; thence North 68042'03'' West 12.869 meters to a point in said westerly line of Parcel 4, distant thereon South 21°21'35'' West 6.240 meters from the POINT OF COMMENCEMENT; Said strip of land shall be lengthened or shortened so as to terminate in southeasterly in said southwesterly right-of-way line and the easterly line of said Parcel 4 and terminate westerly in said westerly line of Parcel 4. CONTAINING: 635.103 Square Meters (6836 Square Feet) more or less. Unless otherwise noted, all bearings and distances in this description are metric ground based on the California Coordinate System, {CCC83) Zone VI NAD 1983 {1991.35 O.C.S. GPS Adjustment}. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXNIBIT "B" attached and by this reference made a part hereof. 5329 EXP 12-31-2003 I I I I ~z~'o_z'~7_'~_~_o)_ =12.269m T.P.O.B. ~.28 lm EXHIBIT 10011.3 SKETCH TO ACCOMPAN~ A L~AL D£$CRIP~70N FOR EDINGER A VENUE PARCEL 10011.$ TE~tPORARY CONSTRUCTION EASE~tENT {BORCHARD REDHILL,) CONTAINING 1521,492 SOUARE IRETERS SEE SHEET 2 EDINGER AVENbE__ ~ p.O.C. P.~.~. ~'~1:~)/ }PCL. =129. J25m SCALE= 1:1000 PARCEL L 5£4~ PARCEL 4 EXHIBIT'B' I SKETCH TO ACCOI~PANY ,A I / LEGAl. OEECEIPTION FOE EDINGEE A VENUE PARCEL 10011.4 TEklPORARY CONSTRUCT/ON EA T (BORCHARD REDHILL) CONTAINING 1119.480 SOUARE IWETERS 3. 099m L=2.313m PCC L=20.81Sm t 1.207m 64/39 T.P.O.B. 10011.4 /~ SHEET 2 OF $ SHEETS ' J.N. 1~-034145 ~ [PDATA [ tO0~ 145. C,51D~I~IEXHIBITSl TCE1145EXOZG. D~ SEE SHEET I e.Z,~O~(RAD) (RAD) PER e4/,~9) 10011.5 t7=384.04 gm L =7. 388m ~00~,2 ?ARO~'I. 4 N25 · l 6. £49m EXHIB/T 'B' SKE'fCH 7'0 ACCOVPANY A L~GAL DESCRIPTION FOR EDINGER A VENUE 7.02~m PARCEL I00! !.5 TEMPORARY CONSTRUCTION EAS£~4ENT {BORCHARD REDHILL,) CONTAINING 855.~05 $OUARE k/ETE£S \ SEE SHEET 2 \ \ \ \ L=12.$28m T.P.O. 10011.5 1 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 Acqu re 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, fo ow ng 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. (BY OVERNIGHT DELIVERY) I placed said documents n 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) delivered such envelope(s) by hand to the offices of the addressee(s). (STATE) I declare that I am employed in the office of the CITY OF TUSTIN at whose direction the service was made. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. (FEDERAL) I declare that I am employed in the office of the CITY OF TUSTIN at whose direction the service was made. I declare under penalty of perjury under the laws of the United States of America that the above is true and correct. Executed on March 17, 2003 at Tustin, California. Kal;h'erine Barr Office Support Specialist Resolution of Necessity Appendix A to the Resolution of Necessity Notice of Intent to Adopt For Borchard Redhill 14982 Red Hill Avenue APN 430-281-01 Resolution No. 03-17 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. 03-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, STATE OF CALIFORNIA, AUTHORIZING AND DIRECTING THE CITY ATTORNEY AND/OR SPECIAL LEGAL COUNSEL TO ACQUIRE BY CONDEMNATION CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF TUSTIN, STATE OF CALIFORNIA, AND TO OBTAIN IMMEDIATE POSSESSION THEREOF FOR THE EDINGER AVENUE WIDENING PROJECT (CIP 7147) AND DECLARING THE PUBLIC CONVENIENCE AND NECESSITY THEREOF The City Council of the City of Tustin ("City"), by vote of two-thirds or more of its members, FINDS, DETERMINES, DECLARES, AND RESOLVES that: WHEREAS, City intends to construct the Edinger Avenue Improvements ("Project"), a public use, and, in connection therewith, acquire interests in certain real property. The Project is for a public use that is a function of City; and WHEREAS, City intends to construct the Project to make effective the principal purpose of street widening in compliance with the City's General Plan, including but not limited to property to be used for the protection or preservation of the attractiveness, safety, and usefulness of the Project as set forth in Code of Civil Procedure Section 1240.120(a); and WHEREAS, the Project requires the acquisition of fee interests and temporary construction easements in certain real property located at 14982 Red Hill Avenue (APN 430- 281-01); 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 north side of Edinger Avenue east of Red Hill 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, and summary of the basis for the amount established as just compensation for the real property and interests sought to be acquired; and WHEREAS, a reasonable length of time has expired since the date of the offers to the owners of the real property and interests therein sought to be acquired, and the owners have failed to favorably respond to the offers of the amounts established by City as just compensation; and WHEREAS, some or portions of the property and interests therein hereinafter described are being acquired as a "remnant" pursuant to Code of Civil Procedure Section 1240.410; and WHEREAS, some or portions of the property and interests therein hereinafter described are being acquired for a compatible joint use pursuant to Code of Civil Procedure Section 1240.510; and WHEREAS, the Project is part of the City's Capital Improvement Program, and on August 5, 2002, the City Council of the City, adopted Resolution No. 02-77 exempting the acquisitions required by the Project from the provisions of Government Code, Section 65402; and WHEREAS, on April 16, 2001 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 May 8, 2001 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 20 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. 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. 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: 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; To acquire the property in fee simple absolute unless a lesser estate is described in Appendix A; 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 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 20 21 22 23 24 25 26 27 28 A. Exhibit "A" B. Exhibit "A" Appendix A CONTENTS Legal Description Parcel 10011.1 (Borchard Red Hill) Legal Description Parcel 10011.4 Temporary Construction Easement (Borchard Red Hill) -5- RBF CONSULTING 14725 Alton Parkway Irvine, California 92618 EXHIBIT "A" LEGAL DESCRIPTION Revised 3une S, 2002 August 31, 1999 JN 10-034145.14 Page I of 6 EDINGER AVENUE PARCEL 10011, PARCEL 10011.1 PARCEL 10011.2 (BORCNARD REDHILL) Those certain parcels of land situated in the City of Tustin, County of Orange, State of California, being those portions of Parcels 1, 2 and 4 as shown on a map filed in Book 64, Page 39 of Parcel Maps in the Office of the County Recorder of said Orange County, described as follows: Parcel 10011 BEGINNING at the intersection of the easterly line of said Parcel 2 with the southwesterly right-of-way line of Edinger Avenue (formerly Moulton Parkway) as shown on said parcel map, said intersection being in a curve concave northeasterly and having a radius of 384.049 meters, a radial line of said curve from said point bears North 21021'35'' East; thence along said southwesterly right-of-way line and the southeasterly right-of- way line of Redhill Avenue as shown on said parcel map through the following courses: along said curve northwesterly 129.325 meters through a central angle of 19° 17'38"; thence tangent from said curve North 49°20'47" West 4.261 meters; thence South 85°38'52" West 11.209 meters; thence South 40°38'30'' West 186.042 meters; thence leaving said southeasterly right-of-way line North 41° 40'08" East 34.567 meters to the beginning of a tangent curve concave southeasterly and having a radius of 43.196 meters; thence along said curve northeasterly 12.269 meters through a central angle of 16° 16'25" to a point of reverse curvature with a curve concave northwesterly and having a radius of 48.683 meters, a radial line of said curve from said point RBF Consulting Edinger Avenue Parcel 10011, Parcel 10011.1 Parcel i0011.2 (Borchard Redhill) EXHIBIT "A" Revised Oune 5, 2002 August 31, lggg ON 10.034145.14 Page Z of 6 bears North 32° 03'27" West; thence along said curve northeasterly 13.821 meters through central angle of 16°15'57,; thence tangent from said curve North 41° 40'36" East 73.835 meters to a line parallel with and 6.096 meters southeasterly of that certain course described hereinbefore as "South 40°38'30" West 186.042 meters"; thence along said parallel line North 40° 38'30" East 50.467 meters; thence North 85° 30'50" East 11.182 meters to a point on a non-tangent curve concave northeasterly and having a radius of 385.573 meters, said curve being concentric with and 1.524 meters southwesterly of that certain curve described hereinbefore as having a radius of 384.049 meters and an arc length of 129.325 meters, a radial line of said concentric curve from said point bears North 40°23'11" East; thence along said concentric curve southeasterly 24.499 meters through a central angle of 03°38'26"; thence non-tangent from said curve South 08° 49'26" East 6.828 meters; thence South 54° 54'53" East 13.092 meters; thence North 78° 56'29" East 6,831 meters to a non-tangent intersection with the southeasterly continuation of said concentric curve, a radial line of said curve from said intersection bears North 33° 23'35" East; thence along said curve southeasterly 7.591 meters through a central angle of 01° 07'41" to a point of reverse curvature with a curve concave southwesterly and having a radius of 12.497 meters, a radial line of said curve from said point bears South 32° 15'54" West; thence along said curve southeasterly 2.774 meters through central angle of 12° 43'03"; thence tangent from said curve South 45° 01'03" East 11.294 meters to the beginning of a tangent curve concave northeasterly and having a radius of 17.983 meters, the southeasterly terminus of said curve shall be a point of compound curvature with a curve concave northeasterly, having a radius of 389.230 meters, concentric with and 5.181 meters southwesterly of said curve having a radius of RBF Consulting Edinger Avenue Parcel 10011, Parcel 10011.1 Parcel 10011.2 (Borchard Redhill) EXHIBIT "A" Revised June 5, 200Z August 31, 1999 3N 10.034145.14 Page 3 of 6 384.049 meters; thence along said curve having a radius of 17.983 meters southeasterly 4.851 meters through a central angle of 15°27'16,' to said point of compound curvature, a radial line of said curves from said point bears North 29° 31'41" East; thence along said concentric curve southeasterly 18.593 meters through a central angle of 02° 44'13" to a point of compound curvature with a curve concave northeasterly and having a radius of t7.983 meters, a radial line of said curves from said point bears North 26° 47'28" East; thence along said curve easterly 4.851 meters through a central angle of 15° 27'16"; thence tangent from said curve South 78° 39'48" East 11.294 meters to the beginning of a tangent curve concave southwesterly and having a radius of 12.497 meters, the easterly terminus of said curve shall be a point of reverse curvature with a curve concave northeasterly, having a radius of 385.573 meters, concentric with and 1.524 meters southwesterly of said curve having a radius of 384.049 meters; thence along said curve having a radius of 12.497 meters easterly 2.774 meters through a central angle of 12°43'03' to said point of reverse curvature, a radial line of said curve from said point bears North 24° 03'15" East; thence along said concentric curve southeasterly 5.238 meters through central angle of O0° 46'42"; thence non-tangent from said curve South 22° 17'36" East 6.828 meters; thence South 68° 42'03" East 8.180 meters to a point in said easterly line of Parcel 2, distant thereon South 21°21'35" West 6.240 meters from the POIN? OF BEGINNING; thence along said easterly line North 21021'35" East 6.240 meters to the POINT OF BEGINNING. CONTAINING: 1325.982 square meters, more or less. PARCEL 10011.1 BEGINNING at the southwesterly terminus of that certain course shown as RBF Consulting Edinger Avenue Parcel 10011, Parce] 10011.1 Parcel 10011.2 (Borchard Redhi11) EXHIBIT "A" Revised June 5, 2002 August 31, lggg JN 10.034145.14 Page 4 of 6 "North 39o48'40'' East 254.03 feet" (77.428 meters) along the southeasterly right- of-way line of Redhill Avenue within said Parcel 1 on said parcel map; thence along the easterly and northeasterly right-of-way lines of Edinger Avenue (formerly Moulton Parkway) as shown on said parcel map through the following courses: South 04021'08'' East 11.205 meters; thence South 49°20'47" East 4.273 meters to the beginning of a tangent curve concave northeasterly and having a radius of 347.473 meters; thence along said curve southeasterly 123.692 meters through a central angle of 20°23,45,,; thence tangent from said curve South 69044'32'' East 111.207 meters; thence leaving said northeasterly right-of-way line North 68°52'0g'' West 100.012 meters to a line parallel with and 1.524 meters northeasterly of that certain course described hereinbefore as "South 69°44'32'~ East 111.207 meters"; thence along said parallel line North 69044'32'' West 11.207 meters to the beginning of a tangent curve concentric with and 1.524 meters northeasterly of that certain curve described hereinbefore as having a radius of 347.473 meters and an arc length of 123.692 meters; thence along said concentric curve westerly 20.818 meters through a central angle of 03026'52'' to a point of compound curvature with a curve concave northeasterly and having a radius of 12.497 meters, a radial line of said curves from said point bears North 23042'20'' East; thence along said curve northwesterly 2.313 meters through a central angle of 10o36,20,,; thence tangent from said curve North 55°41'20" West 23.099 meters to the beginning of a tangent curve concave southwesterly and having a radius of 17.983 meters the northwesterly terminus of said curve shall be a point of reverse curvature with a curve concave northeasterly, having a radius of 342.291 meters, concentric with and 5.182 meters northeasterly of said curve having a radius of 347.473 meters; thence along said curve having a radius of 17.983 meters northwesterly 1.914 RBF Consulting Edinger Avenue Parcel 10011, Parcel 10011.1 Parcel 10011.2 (Borchard Redhi11) EXHIBIT "A" Revised June 5, 2002 August 31, 1999 JH 10.034145.14 Page 5 of 6 meters through a central angle of 06°05'53" to said point of reverse curvature, a radial line of said curve from said point bears North 28012'47'' East; thence along said concentric curve northwesterly 74.321 meters through central angle of 12°26'26'' to the tangent intersection with a line parallel with and 5.182 meters northeasterly of that certain course described hereinbefore as "South 49°20'47" East 4.273 meters"; thence along said parallel line North 49o20'47'' West 4.272 meters; thence North 04021'08,' West 11.209 meters to said southeasterly right-of-way line of Redhill Avenue; thence along said southeasterly right-of-way line South 40o38'30'' West 5.184 meters to the POINT OF BEGINNING. CONTAINING: 671.042 square meters, more or less Parcel 10011.2 BEGINNING at the intersection of the westerly line of said Parcel 4 with the southwesterly right-of-way line of Edinger Avenue (formerly Moulton Parkway) as shown on said parcel map, said intersection being in a curve concave northeasterly and having a radius of 384.049 meters, a radial line of said curve from said point bears North 21°21'35'' East; thence along said southwesterly right-of-way line through the following courses: along said curve easterly 7.386 meters through a central angle of 01°06'07"; thence tangent from said curve South 69°44'32" East 113.316 meters to the ~gihning of a tangent c~rve'conc~e southwes'{eriy and having a radius of 347.473 meters; thence along said curve easterly 12.628 meters through a central angle of 02°04,56,,; thence leaving said southwesterly right-of-way line, non-tangent from said curve South 66°16'57" West 7.023 meters; thence North 69°18'05'' West 13.183 meters; thence North 25°11'04'' West 6.949 meters; RBF Consulting Edinger Avenue Parcel 10011, Parcel lOOll.1 Parcel 10011.2 (Borchard Redhi11) EXHIBIT "A" Revised June 5, 2002 August 31, 1999 JN 10.034145.14 Page 6 of 6 thence North 70°36'56'' West 91.537 meters to a line parallel with and 1.524 meters southwesterly of that certain course described hereinbefore as "South 69°44'32" East 113.316 meters"; thence along said parallel line North 69°44'32' West 0.990 meters; thence South 65°15'07" West 6.898 meters; thence North 68°42'03" West 12.869 meters to a point in said westerly line of Parcel 4, distant thereon South 21°21'35,' West 6.240 meters from the POINT OF BEGINNING; thence along said westerly line North 21°21'35,' East 6.240 meters to the POINT OF BEGINNING. CONTAINING: 268.975 square meters, more or less. Unless otherwise noted, all bearings and distances in this description are metric ground based on the California Coordinate System, (CCC83) Zone VI NAD 1983 (1991.35 O.C.S. GPS Adjustment). SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXNIBIT "B" attached and by this reference made a part hereof. Gregory A. Helmer, L.S. 5134 Valid Through 6/30/'03 j #.2~Im I I I I I I I 48. 685m IK./. I/ i%,'' ~_NZ2'o_z'erw mZ~L ~ tI ~=I2.259m EXHIBIT SKETCN TO ACCOIIPANY A LEGAL DESCRIPTION fOR EDINGER AVENUE PARCEL 10011 (BORCHARD R£DHILL) CONTAINING 1525.982 SQUARE METERS SHEET 2 ED__]NGER AVE~E _ ~ ~ ,~-~4.04em L=129. ?ARF.,EL ,3 SHEET I OF $ SHEETSr~t REV. J~ 5, 2002 AUGUST 31, 1999 J.N. 1C'-03.4145. 14 ~ [~RP5[PDATA 134145~DYlGIEXHIBITS1145EXOIS.D~/8 SCALE= t:1000 I I EXHIBIT SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR £DINGER AVENUE PARCEL 10011.1 (BORCHA£D REDHILL) CONTAINING 671,042 SQUARE Iv/ETERS~ N2a' ~2 ' 4 7"E _(,~,~._~ )._ PRC .=1.914m .=2. J13m ~NZ3'42 '20"E~(R_A._.D~__ PCC 'S2 "~ '1.207~ SHEEI' 2 OF $ 5HEETS~I,'j 2002 tGRP51PDATA I341451DlYGIEXHIBI TSI I45EXOtg,DYiG SEE SPEET I ~6. 2 40m(RAD ) "E (RAD) PER 64/39) £=$84.04~m L-- 7. 386m XHIBIT 'B' SKETCH ~'0 AOCOYPANY A LEGA£ DESCRIPTION FOR EDINGER AVENUE PARCEL 10011.2 (BORCHARD REDHILL) CONTAiNiNG £68.975 SQUARE ~¢ETERS , SEESP~ET2 \\ SHEET $ OF $ SHEETS AUGUST 3~, ~9.o J,N, ~0-034~45. ~4 H: I~PSIPDA IA t~ 1451D~i~EXHIBITS1145EX020. RBF CONSULTING 14725 Alton Parkway Irvine, California 92618 EXHIBIT "A" LEGAL DESCRIPTION Revised November 7, 2002 October 24, 2001 JN 10-034145.21 Page ! of 6 EDINGER AVENUE PARCEL 10011.3, PARCEL 10011.4 PARCEL 10011.5 TEMPORARY CONSTRUCTION EASEMENTS (BORCHARD REDHILL) Those certain parcels of land situated in the City of Tustin, County of Orange, State of California, being those portions of Parcels 1, 2 and 4 as shown on a map filed in Book 64, Page 39 of Parcel Maps in the Office of the County Recorder of said Orange County, described as follows: Parcel 10011.3 A strip of land 4.500 meters wide, the southeasterly, southerly and southwesterly lines of which are described as follows: COMMENCING at the intersection of the easterly line of said Parcel 2 with the southwesterly right-of-way line of Edinger Avenue (formerly Moulton Parkway) as shown on said parcel map, said intersection being in a curve concave northeasterly and having a radius of 384.049 meters, a radial line of said curve from said point bears North 21°21'35" East; thence along said southwesterly right-of-way line and the southeasterly right-of- way line of Redhill Avenue as shown on said parcel map through the following courses: along said curve northwesterly 129.325 meters through a central angle of 19° 17'38"; thence tangent from said curve North 49°20'47" West 4.261 meters; thence South 85°38'52" West 11.209 meters; thence South 40°38'30'' West 186.042 meters to the TRUE POINT OF BEGINNING; thence leaving said southeasterly right-of-way line North 41° 40'08" East 34.567 meters to the beginning of a tangent curve concave southeasterly and having a radius of 43.196 meters; thence along said curve northeasterly 12.269 meters through a central angle of 16° 16'25" to a point of reverse curvature with a curve concave northwesterly and having a radius of 48.683 meters, a radial line of said curve from said point bears North 32° 03'27" West; RBF Consulting Edinger Avenue Parcel 10011.3, Parcel 100~.4 Parcel Temporary Construction Easements (Borchard Redhi11) Revised November 7, 2002 October 24, 2001 JN 10.034145.21 Page 2 of 6 EXHIBIT "A" thence along said curve northeasterly 13.821 meters through central angle of 16°15,57',; thence tangent from said curve North 41°40'36" East 37.000 meters to a point hereinafter referred to as Point "A"; thence continuing North 41°40'36'' East 36.835 meters to a line parallel with and 6.096 meters southeasterly of that certain course described hereinbefore as "South 40038'30'' West 186.042 meters"; thence along said parallel line North 40038'30" East 50.467 meters; thence North 85°30'50'' East 11.182 meters to a point on a non-tangent curve concave northeasterly and having a radius of 385.573 meters, said curve being concentric with and 1.524 meters southwesterly of that certain curve described hereinbefore as having a radius of 384.049 meters and an arc length of 129.325 meters, a radial line of said concentric curve from said point bears North 40°23'11'' East; thence along said concentric curve southeasterly 24.499 meters through a central angle of 03°38'26"; thence non-tangent from said curve South 08°49'26" East 6.828 meters; thence South 54054'53" East 13.092 meters; thence North 78°56'29" East 6.831 meters to a non-tangent intersection with the southeasterly continuation of said concentric curve, a radial line of said curve from said intersection bears North 33023'35" East; thence along said curve southeasterly 7.591 meters through a central angle of 01°07'41" to a point of reverse curvature with a curve concave southwesterly and having a radius of 12.497 meters, a radial line of said curve from said point bears South 32°15'54" West; thence along said curve southeasterly 2.774 meters through central angle of 12°43'03"; thence tangent from said curve South 45°01'03" East 11.294 meters to the beginning of a tangent curve concave northeasterly and having a radius of 17.983 meters, the southeasterly terminus of said curve shall be a point of compound curvature with a curve concave northeasterly, having a radius of 389.230 meters, concentric with and 5.181 meters southwesterly of said curve having a radius of 384.049 meters; thence along said curve having a radius of 17.983 meters southeasterly 4.851 RBF Consulting Edinger Avenue Parcel 10011.3, Parcel 10011.4 Parcel 10011.5 Temporary Construction Easements (Borchard Redhill) Revised November 7, 2002 October 24, 2001 aN 10.034145.21 Page 3 of 6 EXHIBIT "A" meters through a central angle of 15°27'16" to said point of compound curvature, a radial line of said curves from said point bears North 29°31'41" East; thence along said concentric curve southeasterly 18.593 meters through a central angle of 02°44'13" to a point of compound curvature with a curve concave northeasterly and having a radius of 17.983 meters, a radial line of said curves from said point bears North 26° 47'28" East; thence along said curve easterly 4.851 meters through a central angle of 15°27'16"; thence tangent from said curve South 780 39'48" East 11.294 meters to the beginning of a tangent curve concave southwesterly and having a radius of 12.497 meters, the easterly terminus of said curve shall be a point of reverse curvature with a curve concave northeasterly, having a radius of 385.573 meters, concentric with and 1.524 meters southwesterly of said curve having a radius of 384.049 meters; thence along said curve having a radius of 12.497 meters easterly 2.774 meters through a central angle of 12°43'03" to said point of reverse curvature, a radial line of said curve from said point bears North 24°03'15" East; thence along said concentric curve southeasterly 5.238 meters through central angle of 00°46'42"; thence non-tangent from said curve South 22°17'36" East 6.828 meters; thence South 68042'03" East 8.180 meters to a point in said easterly line of Parcel 2, distant thereon South 21°21'35" West 6.240 meters from the POINT OF COMMENCEMENT; Said strip of land shall be lengthened or shortened southeasterly so as to terminate in said easterly line of Parcel 2. TOGETHER WITH a strip of land 8.000 meters wide; the northwesterly line of which is described as follows: BEGINNING at said Point "A"; thence North 41°40'36" East 12.000 meters. CONTAINING: 1521.492 Square Meters (16,377 Square Feet) more or less. PARCEL 10011.4 A strip of land 4.500 meters wide the southerly, southwesterly and westerly lines RBF Consulting Edinger Avenue Parcel 10011.3, Parcel 10011.4 Parcel 10011.5 Temporary Construction Easements (Borchard Redhi11) Revised November 7, 2002 October 24, 2001 JN 10.034145.21 Page 4 of 6 EXHIBIT "A" of which are described as follows: COMMENCING at the southwesterly terminus of that certain course shown as "North 39°48'40" East 254.03 feet" (77.428 meters) along the southeasterly right- of-way line of Redhill Avenue within said Parcel I on said parcel map; thence along the easterly and northeasterly right-of-way lines of Edinger Avenue (formerly Moulton Parkway) as shown on said parcel map through the following courses: South 04°21'08'' East 11.205 meters; thence South 49°20'47" East 4.273 meters to the beginning of a tangent curve concave northeasterly and having a radius of 347,473 meters; thence along said curve southeasterly 123.692 meters through a central angle of 20°23'45"; thence tangent from said curve South 69°44'32'' East 111.207 meters to the TRUE POINT OF BEGINNING; thence leaving said northeasterly right-of-way line North 68°52'09" West 100.012 meters to a line parallel with and 1.524 meters northeasterly of that certain course described hereinbefore as "South 69°44'32" East 111.207 meters"; thence along said parallel line North 69°44'32', West 11.207 meters to the beginning of a tangent curve concentric with and 1.524 meters northeasterly of that certain curve described hereinbefore as having a radius of 347.473 meters and an arc length of 123.692 meters; thence along said concentric curve westerly 20.818 meters through a central angle of 03026'52'' to a point of compound curvature with a curve concave northeasterly and having a radius of 12.497 meters, a radial line of said curves from said point bears North 23042'20'' East; thence along said curve northwesterly 2.313 meters through a central angle of 10°36,20,,; thence tangent from said curve North 55°41'20" West 23.099 meters to the beginning of a tangent curve concave southwesterly and having a radius of 17.983 meters the northwesterly terminus of said curve shall be a point of reverse curvature with a curve concave northeasterly, having a radius of 342.291 meters, concentric with and 5.182 meters northeasterly of said curve having a radius of 347.473 meters; thence along said curve having a radius of 17.983 meters northwesterly 1.914 RBF Consulting £dinger Avenue Parcel 10011.3, Parcel 10011.4 Parcel 10011.5 Temporary Construction Easements (Borchard Redhill) Revised November 7, ZOO2 October 24, 2001 JN 10.034145.Z1 " Page 5 of 6 EXHIBIT "A" meters through a central angle of 06°05'53' to said point of reverse curvature, a radial line of said curve from said point bears North 28012'47" East; thence along said concentric curve northwesterly 74.321 meters through central angle of 12°26'26'' to the tangent intersection with a line parallel with and 5.182 meters northeasterly of that certain course described hereinbefore as "South 49°20'47' East 4.273 meters"; thence along said parallel line North 49o20'47" West 4.272 meters; thence North 04°21'08" West 11.209 meters to said southeasterly right-of-way line of Redhill Avenue. Said strip of land shall be lengthened or shortened northerly so as to terminate in said southeasterly right-of-way line. CONTAINING: 1119.480 Square Meters (12,050 Square Feet) more or less. Parcel 10011.5 A strip of land 4.500 meters wide the northwesterly and northerly lines of which are described as follows: COMMENCING at the intersection of the westerly line of said Parcel 4 with the southwesterly right-of-way line of Edinger Avenue (formerly Moulton Parkway) as shown on said parcel map, said intersection being in a curve concave northeasterly and having a radius of 384.049 meterS, a radial line of said curve from said point bears North.21°21'35" East; thence along said southwesterly right-of-way line through the following courses: along said curve easterly 7.386 meters through a central angle of 01°06'07"; thence tangent from said curve South 6g°44'32" East 113.316 meters to the beginning of a tangent curve concave southwesterly and having a radius of 347.473 meters; thence along said curve easterly 12.628 meters through a central angle of 02°04'56" to the TRUE POINT OF BEGINNING; thence leaving said southwesterly right-of-way line, non-tangent from said curve South 66°16'57'' West 7.023 meters; thence North 69°18'05" West 13.183 meters; thence North 25°11'04'' West 6.949 meters; RBF Consulting Edinger Avenue Parcel 10011.3, Parcel 10011.4 Parcel 10011.5 Temporary Construction Easements (Borchard Redhill) EXHIBIT "A" Revised November 7, 2002 October 24, 2001 JN 10.034145.21 Page 6 of 6 thence North 70°36'56" West 91.537 meters to a meters southwesterly of that certain course "South 69°44'32" East 113.316 meters"; line parallel with and 1.524 described hereinbefore as thence along said parallel line North 69°44'32" West 0.990 meters; thence South 65°15'07'' West 6.898 meters; thence North 68°42'03'' West 12.869 meters to a point in said westerly line of Parcel 4, distant thereon South 21°21'35'' West 6.240 meters from the POINT OF COMMENCEMENT; Said strip of land shall be lengthened or shortened so as to terminate in southeasterly in said southwesterly right-of-way line and the easterly line of said Parcel 4 and terminate westerly in said westerly line of Parcel 4. CONTAINING: 635.103 Square Meters (6836 Square Feet) more or less. Unless otherwise noted, all bearings and distances in this description are metric ground based on the California Coordinate System, (CCC83) Zone VI NAD 1983 (1991.35 O.C.S. GPS Adjustment). SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached and by this reference made a part hereof. Joh~W. Pfeife~r~ L.S. 5329 5329 EXP. 12-31-2003 T.P.O.B. I I I I EXHIBIT 18011.3 SKETCN TO ACCOMPANY A LEGAL DESCRIPTION FOB EDINGER A VENUE PARCEL 10011.$ TEMPORARY CONSTRUCTION EASEMENT (BORCHARD REDHILL) CONTAINING 1521.492 SQUARE METERS SEE SHEET 2 £D._I NGER ,~ VENL~ .. _ . P.O.C. m.~.B. / iII ~I .~,1 bi PARrj~L SCALE= 1:1000 / SEESHEET3 EXHIBIT SKETCH ~0 ACCOMPANY A ~ LEGAL D£$CRIP~'/ON FOR EDINGER A VENUE PARCEL 100! 1.4 TEklPORARY CONSTRUCTION EAS T 'BORCHARD REDHILL) ;ONTAINING 1119.480 SOUARE IdETERS ._.N28'12 ' 4 7"E._(R_A._DL PRC R=lT. 985m 2~. 099~ L =2.,.71.,~m PCC L=20.818m I 1.207m ?AFIrS~L Y T,P.O.B. 10011.4 / SHEET 2 OF I ,2002 J.N. H: ~PDATA I IOO~ I4§. 851Dli~tE, v~IBIT$1TC, EI I45EXO33.D~iG s4/3~)(~o) P~ 10011.5 R=$84. 04 9~ =7. 386m D-J-L2 .99~ N25.11,04.~ ~%'~ ~ ~4~/'"1'.. I \ ~ ~ ~ ~LL='2'62~ ~ 1 EXHIBIT 'B' ~N ~K~c~ ro ~c¢o~r ~ ~ . / ~. 1~11.~ EDINGER AVENUE 7.02~ ~~ TEMPORARY CONSTRUCnON EA~ ~ ~BORCHARD REDHILL} Office of the City Manager March 17, 2003 Borchard Redhill cio The Barn, LLC cio Fletcher Development, Inc. Attn: Jeffrey Klein 3 Park Plaza, Suite 300 Irvine, CA 92614-8539 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] Edinger Avenue Widening Project (CIP 7147) Property: 14982 Red Hill 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 Edinger Avenue Widening Project between the SR-55 Freeway and 1,400 feet east of Red Hill Avenue (CIP 7147). A description of the property being considered for acquisition marked Appendix A accompanies the proposed Resolution of Necessity, attached to this Notice as Exhibit A (which property shall be referred to herein as the Property). 2. Notice of Your Right to Appear and be Heard. Please take notice that the City Council of City, at a regular meeting to be held on Monday, 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; Borchard Red Hill 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 51 O0 et seq. (Street Improvement Act acquisitions). Borchard Red Hill 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. Borchard Red Hill 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) Cz Mark Brecheen, PGP Partners, Inc. Kelly Mulligan, PGP Partners, Inc. Jim McKenzie, Greenwood & Sons Michael S. Severson, RREEF 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 Project -Active\7147 - Edinger Ave. Widening~Acquisition\Borchard 1 Eminent Domain 1 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. 03-17 EXHIBIT A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, STATE OF CALIFORNIA, AUTHORIZING AND DIRECTING THE CITY ATTORNEY AND/OR SPECIAL LEGAL COUNSEL TO ACQUIRE BY CONDEMNATION CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF TUSTIN, STATE OF CALIFORNIA, AND TO OBTAIN IMMEDIATE POSSESSION THEREOF FOR THE EDINGER AVENUE WIDENING PROJECT (CIP 7147) AND DECLARING THE PUBLIC CONVENIENCE AND NECESSITY THEREOF The City Council of the City of Tustin ("City"), by vote of two-thirds or more of its members, FINDS, DETERMINES, DECLARES, AND RESOLVES that: WHEREAS, City intends to construct the Edinger Avenue Improvements ("Project"), a public use, and, in connection therewith, acquire interests in certain real property. The Project is for a public use that is a function of City; and WHEREAS, City intends to construct the Project to make effective the principal purpose of street widening in compliance with the City's General Plan, including but not limited to property to be used for the protection or preservation of the attractiveness, safety, and usefulness of the Project as set forth in Code of Civil Procedure section 1240.120(a); and WHEREAS, the Project requires the acquisition of fee interests and temporary construction easements in certain real property located at 14982 Red Hill Avenue (APN 430- 281-01); 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 north side of Edinger Avenue east of Red Hill 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, and summary of the basis for the amount established as just compensation for the real property and interests sought to be acquired; and WHEREAS, a reasonable length of time has expired since the date of the offers to the owners of the real property and interests therein sought to be acquired, and the owners have failed to favorably respond to the offers of the amounts established by City as just compensation; and WHEREAS, some or portions of the property and interests therein hereinafter described are being acquired as a "remnant" pursuant to Code of Civil Procedure section 1240.410; and WHEREAS, some or portions of the property and interests therein hereinafter described are being acquired for a compatible joint use pursuant to Code of Civil Procedure section 1240.510; and WHEREAS, the Project is part of the City's Capital Improvement Program, and on August 5, 2002, the City Council of the City, adopted Resolution No. 02-77 exempting the acquisitions required by the Project from the provisions of Government Code, section 55402; and WHEREAS, on May 8, 2001 pursuant to Public Resources Code section 21000, et seq., the California Environmental Quality Act ("CEQA"), the City filed a Notice of Determination under CEQA with the County Clerk of the County of Orange, California; and WHEREAS, pursuant to the provisions of Code of Civil Procedure, section 1245.235, on 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 ~lace 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. b4 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. 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: 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; 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 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; 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 A'I-I-EST: 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 1 Appendix A 3 A. 4 B. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit "A" Exhibit "A" CONTENTS Legal Description Parcel 10011.1 (Borchard Red Hill) Legal Description Parcel 10011.4 Temporary Construction Easement (Borchard Red Hill) -5- RBF CONSULTING 14725 Alton Parkway Irvine, California 92618 EXHIBIT "A" LEGAL OESCRIPTION Revised June 5, 2002 August 31, lgg9 JN 10-034145.14 Page i of 6 EDINGER AVENUE PARCEL 10011, PARCEL 10011.1 PARCEL iO011.Z (BORCHARO REOHILL) Those certain parcels of land situated in the City of Tustin, County of Orange, State of California, being those portions of Parcels 1, 2 and 4 as shown on a map filed in Book 64, Page 39 of Parcel Maps in the Office of the County Recorder of said Orange County, described as follows: Parcel lOOll BEGINNING at the intersection of the easterly line of said Parcel 2 with the southwesterly right-of-way line of Edinger Avenue (formerly Moulton Parkway) as shown on said parcel map, said intersection being in a curve concave northeasterly and having a radius of 384.049 meters, a radial line of said curve from said point bears North 21021'35'' East; thence along said southwesterly right-of-way line and the southeasterly right-of- way line of Redhill Avenue as shown on said parcel map through the following courses: along said curve northwesterly 129.325 meters through a central angle of 19° 17'38"; thence tangent from said curve North 49020'47'' West 4.261 meters; thence South 85°38'52" West 11.209 meters; thence South 40038'30'' West 186.042 meters; thence meters radius leaving said southeasterly right-of-way line North 41° 40'08" East 34.567 to the beginning of a tangent curve concave southeasterly and having a of 43.196 meters; thence along said curve northeasterly 12.269 meters through a central angle of 16° 16'25" to a point of reverse curvature with a curve concave northwesterly and having a radius of 48.683 meters, a radial line of said curve from said point RBF Consulting Edinger Avenue Parcel lOOii, Parcel Parcel 100ii.2 (Borchard Redhill) 10011.1 EXHIBIT "A" Revised June 5, 2002 August 31, 1999 JN 10.034145.14 Page 2 of 6 bears North 320 03~27,, West; thence along said curve northeasterly 13.821 meters through central angle of 16°15,57,,; thence tangent from said curve North 41° 40'36" East 73.835 meters to a line parallel with and 6.096.meters southeasterly of that certain course described hereinbefore as "South 40038'30'' West 186.042 meters"; thence along said parallel line North 40° 38'30" East 50.467 meters; thence North 85° 30'50" East 11.182 meters to a point on a non-tangent curve concave northeasterly and having a radius of 385.573 meters, said curve being concentric with and 1.524 meters southwesterly of that certain curve described hereinbefore as having a radius of 384.049 meters and an arc length of 129.325 meters, a radial line of said concentric curve from said point bears North 40°23'1t" East; thence along said concentric curve southeasterly 24.499 meters through a central angle of 03°38'26"; thence non-tangent from said curve South 08° 49'26" East 6.828 meters; thence South 54° 54'53" East 13.092 meters; thence North 78° 56'29" East 6.831 meters to a non-tangent intersection with the southeasterly continuation of said concentric curve, a radial line of said curve from said intersection bears North 33° 23'35" East; thence along said curve southeasterly 7.591 meters through a central angle of 01° 07'41" to a point of reverse curvature with a curve concave southwesterly and having a radius of 12.497 meters, a radial line of said curve from said point bears South 32° 15'54" West; thence along said curve southeasterly 2.774 meters through central angle of 12° 43'03"; thence tangent from said curve South 45° 01'03" East 11.294 meters to the beginning of a tangent curve concave northeasterly and having a radius of 17.983 meters, the southeasterly terminus of said curve shall be a point of compound curvature with a curve concave northeasterly, having a radius of 389.230 meters, concentric with and 5.181 meters southwesterly of said curve having a radius of RBF Consulting Edinger Avenue Parcel 10011, Parce] lO011.1 Parcel 10011.2 (Borchard Redhi11) EXHIBIT "A" Revised June 5, 2002 August 31, 1999 3N 10.034145.14 Page 3 of 6 384.049 meters; thence along said curve having a radius of 17.983 meters southeasterly 4.851 meters through a central angle of 15°27'16" to said point of compound curvature, a radial line of said curves from said point bears North 29° 31'41" East; thence along said concentric curve southeasterly 18.593 meters through a central angle of 02° 44'13" to a point of compound curvature with a curve concave northeasterly and having a radius of 17.983 meters, a radial line of said curves from said point bears North 26° 47'28" East; thence along said curve easterly 4.851 meters through a central angle of 15° 27'16"; thence tangent from said curve South 78° 39'48" East 11.294 meters to the beginning of a tangent curve concave southwesterly and having a radius of 12.497 meters, the easterly terminus of said curve shall be a point of reverse curvature with a curve concave northeasterly, having a radius of 385.573 meters, concentric with and 1.524 meters southwesterly of said curve having a radius of 384.049 meters; thence along said curve having a radius of 12.497 meters easterly 2.774 meters through a central angle of 12°43'03'' to said point of reverse curvature, a radial line of said curve from said point bears North 24° 03'15" East; thence along said concentric curve southeasterly 5.238 meters through central angle of O0° 46'42"; thence non-tangent from said curve South 22° 17'36" East 6.828 meters; thence South 68° 42'03" East 8.180 meters to a point in said easterly line of Parcel 2, distant thereon South 21°21'35" West 6.240 meters from the POINT OF BEGINNING; thence along said easterly line North 21°21'35" East 6.240 meters to the POINT OF BEGINNING. CONTAINING: 1325.982 square meters, more or less. PARCEL 10011.1 BEGINNING at the southwesterly terminus of that certain course shown as RBF Consulting Edinger Avenue Parcel 10011, Parcel 10011.1 Parcel 10011.2 (Borchard Redhill) EXHIBIT "A" Revised June 5, 2002 August 31, 1999 JN 10.034145.14 Page 4 of 6 "North 39°48'40'' East 254.03 feet" (77.428 meters) along the southeasterly right- of-way line of Redhill Avenue within said Parcel i on said parcel map; thence along the easterly and northeasterly right-of-way lines of Edinger Avenue (formerly Moulton Parkway) as shown on said parcel map through the following courses: South 04°21'08" East 11.205 meters; thence South 49°20~47'' East 4.273 meters to the beginning of a tangent curve concave northeasterly and having a radius of 347.473 meters; thence along said curve southeasterly 123.692 meters through a central angle of 20°23,45,; thence tangent from said curve South 69°44'32" East 111.207 meters; thence meters course leaving said northeasterly right-of-way line North 68°52'09' West 100.012 to a line parallel with and 1.524 meters northeasterly of that certain described hereinbefore as "South 69044'32'' East 111.207 meters"; thence along said parallel line North 69°44'32" West 11.207 meters to the beginning of a tangent curve concentric with and 1.524 meters northeasterly of that certain curve described hereinbefore as having a radius of 347.473 meters and an arc length of 123.692 meters; thence along said concentric curve westerly 20.818 meters through a central angle of 03°26'52" to a point of compound curvature with a curve concave northeasterly and having a radius of 12.497 meters, a radial line of said curves from said point bears North 23042'20'' East; thence along said curve northwesterly 2.313 meters through a central angle of 10°36,20,,; thence tangent from said curve North 55°41'20" West 23.099 meters to the beginning of a tangent curve concave southwesterly and having a radius of 17.983 meters the northwesterly terminus of said curve shall be a point of reverse curvature with a curve concave northeasterly, having a radius of 342.291 meters, concentric with and 5.182 meters northeasterly of said curve having a radius of 347.473 meters; thence along said curve having a radius of 17.983 meters northwesterly 1.914 RBF Consulting Edinger Avenue Parcel I0011, Parcel lO011.1 Parcel 10011.2 (Borcha~d Redhill) EXHIBIT "A" Revised June 5, 2002 August 31, 1999 JN 10.034145.14 Page 5 of 6 meters through a central angle of 06°05'53" to said point of reverse curvature, a radial line of said curve from said point bears North 28°12'47'' East; thence along said concentric curve northwesterly 74.321 meters through central angle of 12°26'26'' to the tangent intersection with a line parallel with and 5.182 meters northeasterly of that certain course described hereinbefore as "South 49°20'47" East 4.273 meters"; thence along said parallel line North 49°20'47'' West 4.272 meters; thence North 04021'08" West 11.209 meters to said southeasterly right-of-way line of Redhill Avenue; thence along said southeasterly right-of-way line South 40°38'30'' West 5.184 meters to the POINT OF BEGINNING. CONTAINING: 671.042 square meters, more or less Parcel 10011.2 B£GINNING at the intersection of the westerly line of said Parcel 4 with the southwesterly right-of-way line of Edinger Avenue (formerly Moulton Parkway) as shown on said parcel map, said intersection being in a curve concave northeasterly and having a radius of 384.049 meters, a radial line of said curve from said point bears North 21°21'35" East; thence along said southwesterly right-of-way line through the following courses: along said curve easterly 7.386 meters through a central angle of 01°06'07"; thence tangent from said curve South 69°44'32" East 113.316 meters to the ~6giShing of a tangent curve concave southwesterly and having a radius of 347.473 meters; thence along said curve easterly 12.628 meters through a central angle of 02°04,56,; thence leaving said southwesterly right-of-way line, non-tangent from said curve South 66016'57'' West 7.023 meters; thence North 69°18'05" West 13.183 meters; thence North 25°11'04" West 6.949 meters; RBF Consulting Edinger Avenue Parcel 10011, Parcel 10011.1 Parcel 10011.2 (Borchard Redhill) EXHIBIT "A" Revised June 5, 2002 August 3[, 1999 JN 10.034145.14 Page 6 of 6 thence North 70°36'56" West 91.537 meters meters southwesterly of that certain "South 69°44'32" East 113.316 meters"; to a line parallel with and 1.524 course described hereinbefore as thence along said parallel line North 69044'32" West 0.990 meters; thence South 65°15'07" West 6.898 meters; thence North 68042'03'' West 12.869 meters to a point in said westerly line of Parcel 4, distant thereon South 21°21'35'' West 6.240 meters from the POINT OF BEGINNING; thence along said westerly line North 21°21'35'' East 6.240 meters to the POINT OF BEGINNING. CONTAINING: 268.975 square meters, more or less. Unless otherwise noted, all bearings and distances in this description are metric ground based on the California Coordinate System, (CCC83) Zone VI NAD 1983 (1991.35 O.C.S. GPS Adjustment). SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached and by this reference made a part hereof. Gregory A. Helmer, L.S. 5134 ~Valid Through:=3 6/30/03 I I I I ! I I SEE SHEET' 2 AVENUE .... L261~ ,~-384. 04,,~ L=129.325~ L=13.821m 11 ..J EXHIBIT SKETCH TO ACCOMPANY A L~¢AL D£SCRIPTION fOR EDINGER AVENUE PARCEL 100! ! (£ORCHARD REDHILL) CONTAINING 15£$.952 SQUARE ~ETERS ~ SHEET I OF $ SHEETS wm )~ ~ ~ I ,~D/. ~ 5, 2002 AL~UST 31, 1999 J.N, 10-0,.t4145. 14 H~ ~GRP51PDATA I.74145tDWGIEXHiBiTS~ i45~XO i8.D~iG SCALE= 1:1000 1 I. 205m I I SEE SHEET J EXHIBIT SKEi'CH TO ACCOMPANY A LEGAL DESCRIPTION fOR EDINGER AVENUE PARCEL 100! 1.1 (BORCHARD REDHILL) CONTAINING $7!.042 SOUARE METERS~ '~ N28'12'47'E_(~_._~)_ " PRC .=1.914m -- R= I2. 497m .=2. J15~ N23'42'20'E (~_..~D)__ POC II.207m SHEET 2 OF $ SHEEI'SI['~ REV, JL¢~ 5, 2002 AUGUST 31, 1999 J.N. I0.-0,.t.¢145.14 H,, [gRP51PDATA I54, t45~D~GIE.~HIBITSI I45E~'O~9,D~Y~ 6.24Mm~D) (R~) ~R 64/3~) R=,384. 049m L =7. 586m EXHIBIT SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR EDINGER AVENUE PARCEL fO011.2 (BORCHARD REDH/LL) CONrA/N~NC 2~8.975 SOUARE ~ErERS ~ 6.949m ~ S$6' 16 '57 " Y/7~./" 7. 02.;~m J ~ SEE S~ 2 \\ \\ AUGUST Jl, 1999 J.N. 10-054145. 14 H. [~RP5[PDA TA [5'I t45[D~IE,~IBI TS[145D(O20.DYiG RBF CONSULTING 14725 Alton Parkway Irvine, California g2618 EXHIBIT "A" LEGAL OESCRIPTION Revised November 7, 2002 October 24, 2001 JN 10-034145.21 Page ! of 6 EDINGER AVENUE PARCEL 10011.3, PARCEL 10011.4 PARCEL 10011.5 TEMPORARY CONSTRUCTION EASEMENTS (BORCHARO REONILL) Those certain parcels of land situated in the City of Tustin, County of Orange, State of California, being those portions of Parcels 1, 2 and 4 as shown on a map filed in Book 64, Page 39 of Parcel Maps in the Office of the County Recorder of said Orange County, described as follows: Parcel 10011.3 A strip of land 4.500 meters wide, the southeasterly, southerly and southwesterly lines of which are described as follows: COMMENCING at the intersection of the easterly line of said Parcel 2 with the southwesterly right-of-way line of Edinger Avenue (formerly Moulton Parkway) as shown on said parcel map, said intersection being in a curve concave northeasterly and having a radius of 384.04g meters, a radial line of said curve from said point bears North 21°21'35" East; thence along said southwesterly right-of-way line and the southeasterly right-of- way line of Redhill Avenue as shown on said parcel map through the following courses: along said curve northwesterly 129.325 meters through a central angle of lg° 17'38"; thence tangent from said curve North 49°20'47" West 4.261 meters; thence South 85°38'52" West 11.209 meters; thence South 40°38'30" West 186.042 meters to the TRUE POINT OF BEGINNING; thence meters radius leaving said southeasterly right-of-way line North 410 40'08" East 34.567 to the beginning of a tangent curve concave southeasterly and having a of 43.196 meters; thence along said curve northeasterly 12.269 meters through a central angle of 16° 16'25" to a point of reverse curvature with a curve concave northwesterly and having a radius of 48.683 meters, a radial line of said curve from said point bears North 32° 03'27" West; RBF Consulting Edinger Avenue Parcel 10011.3, Parcel 10011.4 Parcel 10011.5 Temporary Construction Easements (Borchard Redhi11) Revised November 7, 2002 October 24, 2001 ON 10.034145.21 Page 2 of 6 EXHIBIT "A" thence along said curve northeasterly 13.821 meters through central angle of 16°15,57,,; thence tangent from said curve North 41o40'36" East 37.000 meters to a point hereinafter referred to as Point "A"; thence continuing North 41°40'36' East 36.835 meters to a line parallel with and 6.096 meters southeasterly of that certain course described hereinbefore as "South 40038'30'' West 186.042 meters"; thence along said parallel line North 40°38'30'' East 50.467 meters; thence North 85°30'50'' East 11.182 meters to a point on a non-tangent curve concave northeasterly and having a radius of 385.573 meters, said curve being concentric with and 1.524 meters southwesterly of that certain curve described hereinbefore as having a radius of 384.049 meters and an arc length of 129.325 meters, a radial line of said concentric curve from said point bears North 40°23'11'' East; thence along said concentric curve southeasterly 24.49g meters through a central angle of 03°38'26"; thence non-tangent from said curve South 08°49'26" East 6.828 meters; thence South 54o54'53" East 13.092 meters; thence North 78°56'29" East 6.831 meters to a non-tangent intersection with the southeasterly continuation of said concentric curve, a radial line of said curve from said intersection bears North 33°23'35" East; thence along said curve southeasterly 7.591 meters through a central angle of 01°07'41" to a point of reverse curvature with a curve concave southwesterly and having a radius of 12.497 meters, a radial line of said curve from said point bears South 32°15'54" West; thence along said curve southeasterly 2.774 meters through central angle of 12°43'03"; thence tangent from said curve South 45001'03`' East 11.294 meters to the beginning of a tangent curve concave northeasterly and having a radius of 17.983 meters, the southeasterly terminus of said curve shall be a point of compound curvature with a curve concave northeasterly, having a radius of 389.230 meters, concentric with and 5.181 meters southwesterly of said curve having a radius of 384.049 meters; thence along said curve having a radius of 17.983 meters southeasterly 4.851 RBF Consulting Edinger Avenue Parcel 10011.3, Parcel Parcel Temporary Construction Easements (Borchard Redhill) Revised November 7, 2002 October 24, Z001 JN 10.034~45.22 Page 3 of 6 EXHIBIT "A" meters through a central angle of 15°27'16" to said point of compound curvature, a radial line of said curves from said point bears North 29°31'41" East; thence along said concentric curve southeasterly 18.593 meters through a central angle of 02°44'13" to a point of compound curvature with a curve concave northeasterly and having a radius of 17.983 meters, a radial line of said curves from said point bears North 26° 47'28" East; thence along said curve easterly 4.851 meters through a central angle of 15°27'16"; thence tangent from said curve South 78° 39'48" East 11.294 meters to the beginning of a tangent curve concave southwesterly and having a radius of 12.497 meters, the easterly terminus of said curve shall be a point of reverse curvature with a curve concave northeasterly, having a radius of 385.573 meters, concentric with and 1.524 meters southwesterly of said curve having a radius of 384.049 meters; thence along said curve having a radius of 12.497 meters easterly 2.774 meters through a central angle of 12°43'03" to said point of reverse curvature, a radial line of said curve from said point bears North 24°03'15" East; thence along said concentric curve southeasterly 5.238 meters through central angle of 00°46'42"; thence non-tangent from said curve South 22°17'36" East 6.828 meters; thence South 68°42'03'' East 8.180 meters to a point in said easterly line of Parcel 2, distant thereon South 21021'35" West 6.240 meters from the POINT OF COMMENCEMENT; Said strip of land shall be lengthened or shortened southeasterly so as to terminate in said easterly line of Parcel 2. TOGETHER WITH a strip of land 8.000 meters wide; the northwesterly line of which is described as follows: BEGINNING at said Point "A"; thence North 41040'36" East 12.000 meters. CONTAINING: 1521.492 Square Meters (16,377 Square Feet) more or less. PARCEL 10011.4 A strip of land 4.500 meters wide the southerly, southwesterly and westerly lines RBF Consulting Edinger Avenue Parcel 10011.3, Parcel 10011.4 Parcel 10011.5 Temporary Construction Easements (Borchard Redhi11) Revised November 7, 2002 October g4, ZOO[ JN 10.034145.21 Page 4 of 6 EXHZBZT "A" of which are described as follows: COMMENCZNG at the southwesterly terminus of that certain course shown as "North 39048'40" East 254.03 feet" (77.428 meters) along the southeasterly right- of-way line of Redhill Avenue within said Parcel 1 on said parcel map; thence along the easterly and northeasterly right-of-way lines of Edinger Avenue (formerly Moulton Parkway) as shown on said parcel map through the following courses: South 04°21'08'' East 11.205 meters; thence South 49°20'47" East 4.273 meters to the beginning of a tangent curve concave northeasterly and having a radius of 347.473 meters; thence along said curve southeasterly 123.692 meters through a central angle of 20°23'45"; thence tangent from said curve South 69°44'32" East 111.207 meters to the TRUE POINT OF BEGINNING; thence leaving said northeasterly right-of-way line North 68o52'09" West 100.012 meters to a line parallel with and 1.524 meters northeasterly of that certain course described hereinbefore as "South 69°44'32' East 111.207 meters"; thence along said parallel line North 69°44'32'' West 11.207 meters to the beginning of a tangent curve concentric with and 1.524 meters northeasterly of that certain curve described hereinbefore as having a radius of 347.473 meters and an arc length of 123.692 meters; thence along said concentric curve westerly 20.818 meters through a central angle of 03026'52'' to a point of compound curvature with a curve concave northeasterly and having a radius of 12.497 meters, a radial line of said curves from said point bears North 23°42'20'' East; thence along said curve northwesterly 2.313 meters through a central angle of 10o36,20,,; thence tangent from said curve North 55°41'20'' West 23.099 meters to the beginning of a tangent curve concave southwesterly and having a radius of 17.983 meters the northwesterly terminus of said curve shall be a point of reverse curvature with a curve concave northeasterly, having a radius of 342.291 meters, concentric with and 5.182 meters northeasterly of said curve having a radius of 347.473 meters; thence along said curve having a radius of 17.983 meters northwesterly 1.914 RBF Consulting Edinger Avenue Parcel 10011.3, Parcel 10011.4 Parcel 10011.5 Temporary Construction Easements (Borchard Redhi11) Revised November 7, 2002 October 24, 2001 3N 10.034145.21 Page 5 of 6 EXHIBIT "A" meters through a central angle of 06°05'53'' to said point of reverse curvature, a radial line of said curve from said point bears North 28012'47'' East; thence along said concentric curve northwesterly 74.321 meters through central angle of 12°26'26'' to the tangent intersection with a line parallel with and 5.182 meters northeasterly of that certain course described hereinbefore as "South 49°20'47" East 4.273 meters"; thence along said parallel line North 49020'47" West 4.272 meters; thence North 04021'08'' West 11.209 meters to said southeasterly right-of-way line of Redhill Avenue. Said strip of land shall be lengthened or shortened northerly so as to terminate in said southeasterly right-of-way line. CONTAINING: 1119.480 Square Meters (12,050 Square Feet) more or less. Parcel 10011.5 A strip of land 4.500 meters wide the northwesterly and northerly lines of which are described as follows: COMMENCING at the intersection of the westerly line of said Parcel 4 with the southwesterly right-of-way line of Edinger Avenue (formerly Moulton Parkway) as shown on said parcel map, said intersection being in a curve concave northeasterly and having a radius of 384.049 meterS, a radial line of said curve from said point bears North 21°21'35" East; thence along said southwesterly right-of-way line through the following courses: along said curve easterly 7.386 meters through a central angle of 01°06'07"; thence tangent from said curve South 69°44'32" East 113.316 meters to the beginning of a tangent curve concave southwesterly and having a radius of 347.473 meters; thence along said curve easterly 12.628 meters through a central angle of 02°04'56'' to the TRUE POINT OF BEGINNING; thence leaving said southwesterly right-of-way line, non-tangent from said curve South 66016'57'' West 7.023 meters; thence North 69°18'05'' West 13.183 meters; thence North 25°11'04'' West 6.949 meters; RBF Consulting Edinger Avenue Parcel 10011.3, Parcel 10011.4 Parcel 10011.5 Temporary Construction Easements (Borchard Redhill) EXHIBIT "A" Revised November 7, 2002 October 24, 2001 JN 10.034145.Z1 Page 6 of 6 thence North 70°36'56'' West 91.537 meters meters southwesterly of that certain "South 69°44'32" East 113.316 meters"; to a line parallel with and 1.524 course described hereinbefore as thence along said parallel line North 69°44'32" West 0.990 meters; thence South 65°15'07'' West 6.898 meters; thence North 68042'03" West 12.869 meters to a point in said westerly line of Parcel 4, distant thereon South 21°21'35'' West 6.240 meters from the POINT OF COMMENCEMENT; Said strip of land shall be lengthened or shortened so as to terminate in southeasterly in said southwesterly right-of-way line and the easterly line of said Parcel 4 and terminate westerly in said westerly line of Parcel 4. CONTAINING: 635.103 Square Meters (6836 Square Feet) more or less. Unless otherwise noted, all bearings and distances in this description are metric ground based on the California Coordinate System, (CCC83) Zone VI NAD 1983 (1991.35 O.C.S. GPS Adjustment). SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached and by this reference made a part hereof. John~W. Pfeife~r~ L.S. 5329 5329 EXP 12-31-2003 EXHIBIT '13' 'W ¢.261m SEE SHEET 2 =-~'~"ZT~ 7 P.~'.B. ~4/3~) / L=15. 821t~ '5" PRC T.P.O.B. 10011.3 L = t2.2~gm SK~'TCH TO ACCOI~PANY A LEe, AL DESCRIPTION fOR EDINGER A VENUE PARCEL 1001 TEmPORArY CONSTRUCTION EASENENT (BORCHARO REDHILL) CONTAINING 1~2h 492 SQUARE ~ETERS +/- H~ IPOATA 110034 I4$.G~ID~IE,V,N£B[T$1 f~ 14,5~(032.0~i~ SCALE= 1:1000 V / EXHIBIT SK~"TCN ~'0 ACCOI~PANY A LEGAL D£$C[~IPI"ION FOR EDINGER AVENUE PARCEL 10011.4 TEAIPORARY CONSTRUCTION EA T (BORCHARD REDHILL.) CONTAINING 1119.480 SQUARE AIE'i'ERS N28' 12 ' 4 7'E.~R_.A_._O )._ PRC R=-17. 98,.~m L=20.81Sm ll.207m r: * r~ 10011.4 20O2 ~ ~PDATA[IOO34145. C~5[D~IGI~HIBIT$[~CE[145E. XO33, D~G 1~11.5 \ R=$84.04gro L --7. 386m \ EXHIBIT 'B' s~c~ ro ~cco~r ~ ~L O~sORPT~O0 FoR EDINGER AVENUE TEMPORARY CONSTRUCTION (BORCHARD REDHILL) 1 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. (BY OVERNIGHT DELIVERY) t placed said documents in envelope(s) for collection following ordinary business practices, at the business offices of the CITY OF TUSTIN, and addressed as shown on the attached service list, for collection and delivery to a courier authorized by to receive said documents, with delivery fees provided for. I am readily familiar with the practices of the CITY OF TUSTIN for collection and processing of documents for overnight delivery, and said envelope(s) will be deposited for receipt by on said date in the ordinary course of business. (PERSONAL SERVICE) I delivered such envelope(s) by hand to the offices of the addressee(s). (STATE) I declare that I am employed in the office of the CiTY OF TUSTIN at whose direction the service was made. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. (FEDERAL) I declare that I am employed in the office of the CITY OF TUSTIN at whose direction the service was made. I declare under penalty of perjury under the laws of the United States of America that the above is true and correct. Executed on March 17, 2003 at Tustin, California. KatEerine Barr Office Support Specialist Resolution of Necessity Appendix A to the Resolution of Necessity Notice of Intent to Adopt For Mullin Lumber Co. 1481 Edinger Avenue APN 430-263-06 Resolution No. 03-45 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 RESOLUTION NO. 03-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, STATE OF CALIFORNIA, AUTHORIZING AND DIRECTING THE CITY ATTORNEY AND/OR SPECIAL LEGAL COUNSEL TO ACQUIRE BY CONDEMNATION CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF TUSTIN, STATE OF CALIFORNIA, AND TO OBTAIN IMMEDIATE POSSESSION THEREOF FOR THE EDINGER AVENUE WIDENING PROJECT (CIP 7147) AND DECLARING THE PUBLIC CONVENIENCE AND NECESSITY THEREOF The City Council of the City of Tustin ("City"), by vote of two-thirds or more of its members, FINDS, DETERMINES, DECLARES, AND RESOLVES that: WHEREAS, City intends to construct the Edinger Avenue Improvements ("Project"), a public use, and, in connection therewith, acquire interests in certain real property. The Project is for a public use that is a function of City; and WHEREAS, City intends to construct the Project to make effective the principal purpose of street widening in compliance with the City's General Plan, including but not limited to property to be used for the protection or preservation of the attractiveness, safety, and usefulness of the Project as set forth in Code of Civil Procedure Section 1240.120(a); and WHEREAS, the Project requires the acquisition of fee interests and temporary construction easements in certain real property located at 1481 Edinger Avenue (APN 430- 263-06); 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 Edinger Avenue between the SR-55 Freeway and Red Hill Avenue; and WHEREAS, the plans for the Project are on file with the Director of Public Works of City; and 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, and summary of the basis for the amount established as just compensation for the real property and interests sought to be acquired; and WHEREAS, a reasonable length of time has expired since the date of the offers to the owners of the real property and interests therein sought to be acquired, and the owners have failed to favorably respond to the offers of the amounts established by City as just compensation; and WHEREAS, some or portions of the property and interests therein hereinafter described are being acquired as a "remnant" pursuant to Code of Civil Procedure Section 1240.410; and WHEREAS, some or portions of the property and interests therein hereinafter described are being acquired for a compatible joint use pursuant to Code of Civil Procedure Section 1240.510; and WHEREAS, the Project is part of the City's Capital Improvement Program, and on August 5, 2002, the City Council of the City, adopted Resolution No. 02-77 exempting the acquisitions required by the Project from the provisions of Government Code, Section 65402; and WHEREAS, on April 16, 2001 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 May 8, 2001 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 alon~] 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. 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. 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: 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; To acquire the property in fee simple absolute unless a lesser estate is described in Appendix A; 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 20 21 22 23 24 25 26 27 28 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: COUNClLMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk -4- 1 2 $ B. § 6 9 10 11 12 14 16 1@ 20 21 22 25 25 26 2~ 28 A. Exhibit "A" Exhibit "A" Appendix A CONTENTS Legal Description Parcel 10010 (Mullin Lumber Co.) Legal Description Parcel 10010.1 Temporary Construction Easement (Mullin Lumber Co.) -5- RBF CONSULTING 14725 Alton Parkway Irvine, California 92618 EXHIBIT "A" LEGAL DESCRIPTION EDINGER AVENUE PARCEL 10010 (MULLIN LUMBER CO.) Revised June 5, 2002 August 31, lggg JN 10-034145.13 Page 1 of 4 That certain parcel of land situated in the City of Tustin, County of Orange, State of California, being that portion of Lot 66, Block 10 of Irvine's Subdivision as shown on a map thereof filed' in Book 1, Page 88 of Miscellaneous Records Maps in the Office of the County Recorder of said Orange County, described as follows: BEGINNING at the intersection of the northwesterly line of the land described in the Grant Deed to Mullin Lumber Co. recorded October 2, 1959, in Book 4909, Page 154 of Official Records with the northeasterly right-of-way line of Edinger Avenue as described in the Corporation Grant Deed to the City of Tustin recorded October 2, lg85, as Instrument No. 85-377537 of Official Records, both in said Office of the Orange County Recorder; thence along said northeasterly right-of-way line South 49°21'05" East 5.711 meters to a point on a non-tangent curve therein, concave northwesterly and having a radius of 5.892 meters, a radial line of said curve from said point bears North 14°3g'59' West; thence continuing along said northeasterly right-of-way line and the northwesterly right-of-way line of Redhill Avenue as described in said deed through the following courses: along said curve northeasterly 3.567 meters through a central angle of 34°41,06,; thence radially from said curve South 49021'05'' East 8.g43 meters to a point on a non-tangent curve concave southeasterly and having a radius of 5.892 meters, a radial line of said curve from said point bears South 49°21'05'' East; thence along said curve southwesterly 3.567 meters through a central angle of 34°41'06,; thence non-tangent from said curve South 49°21'05" East 55.943 meters to a point on a non-tangent curve concave northwesterly and having a radius of 5.892 meters, a radial line of said curve from said point bears North 14°39'59" West; RBF Consulting Edinger Avenue Parcel 10010 (Mullin Lumber Co.) EXHTBI'T "A" Revised 3une 5, 2002 August 31, 1999 aN 10-034145.13 Page 2 of 4 thence along said curve northeasterly 3.567 meters through a central angle of 34°41'06,,; thence radially from said curve South 49021,05'' East 10.772 meters to a point on a non-tangent curve concave southeasterly and having a radius of 5.892 meters, a radial line of said curve from said point bears South 49021,05'' East; thence along said curve southwesterly 3.567 meters through a central angle of 34°41'06',; thence non-tangent from said curve South 49021,05'' East 61.256 meters to a point on a non-tangent curve concave northwesterly and,having a radius of 7.416 meters, a radial line of said curve from said point bears North 08013,57'' West; thence along said curve northeasterly 5.322 meters through a central angle of 41°07'08,,; thence radially from said curve South 49021,05'' East 9.552 meters to a point on a non-tangent curve concave southeasterly and having a radius of 6.197 meters, a radial line of said curve from said point bears South 49021,05'' East; thence along said curve southwesterly 3.838 meters through a central angle of 35°28'58.; thence non-tangent from said curve South 38050'27'' East 7.017 meters; thence South 49021,05'' East 36.890 meters; thence North 85°38,50" East 12.930 meters; thence North 40015,49'' East 0.305 meters; thence leaving said northwesterly right-of-way line of Redhill Avenue North 49°21'15'' West 1.217 meters to a line parallel with and 1.078 meters northerly of that certain course described hereinbefore as "North 85°38,50" East 12.930 meters"; thence along said parallel line South 85°38,50" West 11.208 meters to a line parallel with an 1.524 meters northeasterly of that certain course described hereinbefore as "South 49°21,05" East 36.890 meters"; thence along said parallel line North 49°21,05,, West 37.365 meters; thence North 04°21,05'' West 6.897 meters; thence North 49°21,05. West 14.792 meters; RBF Consulting Edinger Avenue Parcel 10010 (Mullin Lumber Co.) EXHIBIT "A" Revised 3une 5, 2002 August 31, 1999 ON 10-034145.13 Page 3 of 4 thence South 85°38'55,, West 6.895 meters to a point on a non-tangent curve concave northeasterly and having a radius of 12.497 meters, a radial line of said curve from said point bears North 39°52'13'' East; thence along said curve northwesterly 4.690 meters through a central angle of 21°30'17"; thence tangent from said curve North 28037'30'' West 4.761 meters to the beginning of a tangent curve concave southwesterly and having a radius of I7.983 meters, the northwesterly terminus of said curve shall be tangent to a line parallel with and 5.181 meters northeasterly of that certain course described hereinbefore as "South 49°21'05" East 61.256 meters"; thence along said curve northwesterly 6.505 meters through a central angle of 20°43'35' to said parallel line; thence along said parallel line North 49°21,05,, West 18.288 meters to the beginning of a tangent curve concave southwesterly and having a radius of 17.983 meters; thence along said curve northwesterly 6.505 meters through a central angle of 20°43'35"; thence tangent from said curve North 70°04'40" West 4.761 meters to the beginning of a tangent curve concave northeasterly and having a radius of 12.497 meters; thence along said curve northwesterly 4.690 meters through a central angle of 2t°30'17"; thence non-tangent from said curve North 04°21'05'' West 6.895 meters; thence North 49°21,05'' West 15.999 meters; thence South 85°38,55" West 6.897 meters to a line parallel with and 1.524 meters northeasterly of that certain course described hereinbefore as "South 49°21'05,' East 55.943 meters"; thence along said parallel line North 4g°21,05. West 43.126 meters; thence North 04°21'05,, West 6.897 meters; thence North 49021,05" West 14.095 meters; thence South 85°38'55" West 6.033 meters to a point in said northwesterly line of the RBF Consulting Edinger Avenue Parcel lOOlO (Hullin Lumber Co.) EXHIBIT "A" Revised 3une 5, 2002 August 31, 1999 JN 10-034145.13 Page 4 of 4 land of Mullin Lumber Co., distant thereon North 40°38,30" East 2.134 meters from the POINT OF BEGINNING; thence along said northwesterly line South 40°38'30- West 2.134 meters to the POINT OF BEGZNNING. CONTAINING: 610.925 square meters, more or less. Unless otherwise noted, all bearings and distances in this description are metric ground based on the California Coordinate System, {CCC83) Zone VI NAD 1983 (1991.35 O.C.S. GPS Adjustment) SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXNIBIT "B" attached and by this reference made a part hereof. Gregory A. Helmer, L.S. 5134 Valid Through 6/30/03 j P~ 7~5~ cJ~F~, OF A ?ARCEL OF LAND PER O.R. SCALE= 1:500 EXHIBIT sK~rcN TO ACCO~CPANy A L£GAL DESCRIPTION FOR EDINGER AVENUE PARC£L 10010 (~tULLIN LU~BER CO.) CONTAINING 610.£25 SQUARE I~ETERS + .< SHEET I OF 2 SH££TS AUGUST 31, 1999 J,N, I I I N84 °50 '03 EXHIBIT SKETCH TO ACCOWPANY A LEGAl D£$CRIPTION FOR EDINGER AVENUE PARCEL 10010 (~ULL/N LU~BER CO.) GONTAININ$ 610.925 SOUARE t,(ETERS + SCALE= 1:500 N85 °38 ' 50 "E 0 "8. RBF CONSULTING 14725 Alton Parkway Irvine, California g26~8 LEGAL DESCRIPTION Revised November 7, 2002 October 24, 200! EXHIBIT "A" ON 10-034145.19 Page 1 of 4 EDINGER AVENUE PARCEL 10010.1 TEMPORARY CONSTRUCTION EASEMENT (MULLIN LUMBER CO.) That certain parcel of land situated in the Ci:y of Tustin, County of Orange, State of California, being that portion of Lot 66, Block 10 of Irvine's Subdivisior as shown on a map thereof filed in Book 1, Page 88 of Miscellaneous Records Maps in the Office of the County Recorder of said Orange County, included within a strip of land 4.500 meters wide, the general southwesterly line of which is described as¥ollows: COMMENCING a: the intersection of the northwesterly line of the land describeo in the Grant Deed :o Mullin Lumber Co. recorded October 2, 1959, in Book 4909, Page 154 of Official Recores with the northeasterly right-of-way line of Edinger Avenue as descrioed in the Corporation Grant Deed to :ne City of Tustin recorded October 2, 1985, as Instrumen~ No. 85-377537 of Official Records, both ~n said Office of the Orange County Recorder; thence along said nor:neas:erly right-of-way 1.ine South 49°21'D5', East 5.711 me:ers to a point on a non-tangent curve therein, concave northwesterly and having a radius of 5.892 meters, a radial line of said curve from said point bears North 14°39'59" West; thence continuing along said northeasterly right-of-way line and the northwesterly right-of-way line of Redhill Avenue as described in said deed through the following courses: along said curve northeasterly 3.567 meters through a central angle of 34°41,06,,; thence radially from said curve South 49°21,05',, East 8.943 meters to a point on a non-tangent curve concave southeasterly and having a radius of 5.892 meters, a radial line of said curve from said point bears South 49°21,05'' East; thence along said curve southwesterly 3.567 meters through a central angle of 34°41,06,,; thence non-tangent from said curve South 49°21'05" East 55.943 meters to a point RBF Consulting Edinger Avenue Parcel 10010.1 Temporary Construction Easement (Mullin Lumber Co.) Revised November 7, ZOOZ October 24, 2001 3N 10-034145.19 Page 2 of 4 EXHIBIT "A" on a non-tangent curve concave northwesterly and having a radius of 5.892 meters, a radial line of said curve from said point bears North 14°39~59'' West; thence along said curve northeas:er)y 3.567 me:ers t~rough a central angle of 34°41,06,; thence radially from said curve South 49°21'05'' East 10.772 meters to a point on a non-tangent curve concave southeasterly and having a radius of 5.892 meters. a radial line of said curve from saio Doint bears South 49°21'05" East; thence along said curve 34°41'06,; southwes:erly 3.567 me,ers through a central angle of thence non-tangent from said curve Sout~ 49°21,05,, Eas: 61.256 meters to a point on a non-tangent Curve concave northwesterly and having a radius of 7.416 meters, a radial line of said curve from said point bears North 08°13'57'' West; thence along said curve northeasterly 5.322 meters through a central angle of 41°07,08,,; thence radially from said curve South 49°21'05" East 9.552 meters to a point on a non-tangent curve concave southeasterly and having a radius of 6.197 meters, a radial line of said curve from said point bears South 49°21'05'' East; thence along said curve southwesterly 3.838 meters through a central angle of 35°28,58,,; thence non-tangent from said curve South 38°50'27'' East 7.017 meters; thence South 49°21'05. East 36.890 meters; thence North 85°38'50" East 12.930 meters; thence North 40°15'49" East 0.305 meters to the TRUE POINT OF BEGINNING; thence leaving said northwesterly right-of-way line of Redhill Avenue North 49°21'15'' West 1.217 meters to a line parallel with and 1.078 meters northerly of that certain course described hereinbefore as "North 85°38'50" East 12.930 meters"; thence along said parallel line South 85°38'50,' West 11.208 meters to a line parallel with an 1.524 meters northeasterly of that certain course described hereinbefore as "South 49°21'05~' East 36.890 meters"; RBF Consulting Edinger Avenue Parcel 10010.! Temporary Construction Easement (Hu]lin Lumber Co.) Revised November 7, 2002 October 24, 2001 JN 10-034145.19 Page 3 of 4 EXHIBIT "A" thence along said parallel line North 49°21'05'' West 37.365 meters; thence North 04°21'05. West 6.897 meters; thence North 49021'05'' West 14.792 meters; thence South 85°38,55" West 6.895 meters to a point on a non-tangent curve concave northeasterly and having a radius of 12.497 meters, a radial line of said curve from said point bears North 39°52't3" East; thence along said curve northwesterly 4.690 meters through a central angle of 21°30,17,,; thence tangent from said curve North 28°37'30" West 4.761 meters to the beginnin~ of a tangent curve concave southwesterly and having a radius of 17.983 meters, the northwesterly terminus of said curve shall be tangent to a line parallel with and 5.181 meters northeasterly of that certain course described hereinbefore as "South 49°21'05'' East 61.256 meters"; thence along said curve northwesterly 6.505 meters through a central angle of 20°43'35'' to said parallel line; thence along said parallel line North 49°21'05" West 18.288 meters to the beginning of a tangent curve concave southwesterly and having a radius of 17.983 meters; thence along Said curve northwesterly 6.505 meters through a central angle of 20°43,35.; thence tangent from said curve North 70°04~40'' West 4.761 meters to the beginning of a tangent curve concave northeasterly and having a radius of 12.497 meters; thence along said curve northwesterly 4.690 meters through a central angle of 21°30,17,,; thence non-tangent from said curve North 04°21'05" West 6.895 meters; thence North 49021'05'' West 15.999 meters; thence South 85°38'55'' West 6.897 meters to a line parallel with and 1.524 meters northeasterly of that certain course described hereinbefore as "South 49021'05' East 55.943 meters"; RBF Consu]ting £dinger Avenue Parcel lOOiO.1 Temporary Construction (Nullin Lumber Co.) Easement EXHIBIT "A" Revised November 7, 2002 October 24, 2001 JN 10-03414S.19 Page 4 of 4 thence along said parallel line North 49°21'05' Wes: 43.126 meters; thence North 04021'05'' West 6.897 meters; thence North 49°21'05" Wes: 14.095 meters; thence South 85°38'55" Wes: 6.033 meters to a point in said nor:nwesterly line of the land of Mullin Lumber Co., distant thereon North 40°38'30' East 2.134 meters from the POINT OF COMMENCEMENT. Said strip of land shall be lengthened or shortened so as to terminate southeasterly in said northwesterly -~ght-of-way line of Redhill Avenue and terminate northwesterly in said northwesterly line of the land of Mullin Lumber Company. CONTAINING: 1031.149 Square Meters (11,099 Square Feet) more or less. Unless otherwise noted, all bearings and distances in this description are metric ground based on the California Coordinate System, (CCC83) Zone VI NAD 1983 (1991.35 O.C.S. GPS Adjustment) SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXNIBIT "B" attached and by this reference made a part hereof. John W~jPfeifer,lLIS. 5329 5329 EXP, 12-31-2003 LINE OF A PARCEL LANO PER O.R. EXHIBIT SKETCH TO ACCOMPANY A LEGAL D£$CEIPTION FOE EDINGER AVENUE PARCEL 10010. 1 TEMPORARy CoNsTRucTION EASEMENT (MU~,/N LUMBER CONTAINING ~0~t~49 SOUARE ~ETERS +/- ?=r. :/,5% SCALE=t:500 SHEET I OF 2 SHEETS CONSULTING REVISED MOVE~BER 7, 2002 OC~BER 24, 2001 J.N. 10-054145 / / ~84 '50 '03 EXHIBIT SKETOH TO AOOOI~PANy A L~OAL DESCRIPTION fOR EDINGE£ AVENUE PARCEL 10010. 1 TEMPORARY CONSTRUCT/ON EASEMENT (klULL/N LUMBER CO.) CONTAINING 1051. 149 SOUARE METERS SCALE= 1:500 10010 ~'¢'¢.¢' N85 "58'50 "E 77..~.%` ' 0 eo ~ '~' SHEET 2 OF 2 SHEETS ti~VISE'D NOVEI~Et? 14, 2002 OCTOBER 24, 2001 J.N. 10-034145 ~' IPDATAIIOO34145.~$1DffG~E.~IIBITSITCEI145EXO31.DS, G Office of the City Manager March 17, 2003 Mr. John Mullin Mullin Lumber Company 740 Salem Street Glendale, CA 91203-2449 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] Edinger Avenue Widening Project (CIP 7147) Property: 1481 Edinger 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 Edinger Avenue Widening Project between the SR-55 Freeway and 1,400 feet east of Red Hill Avenue (CIP 7147). A description of the property being considered for acquisition marked Appendix A accompanies the proposed Resolution of Necessity, attached to this Notice as Exhibit A (which property shall be referred to herein as the Property). 2. Notice of Your Right to Appear and be Heard. Please take notice that the City Council of City, at a regular meeting to be held on Monday, 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; Mullin Lumber 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 (o), 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). Mullin Lumber 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. Mullin Lumber 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 Project -Active\7147 - Edinger Ave, Widening~Acquisition\Mullin Eminent Domain 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. 03-45 EXHIBIT A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, STATE OF CALIFORNIA, AUTHORIZING AND DIRECTING THE CITY ATTORNEY AND/OR SPECIAL LEGAL COUNSEL TO ACQUIRE BY CONDEMNATION CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF TUSTIN, STATE OF CALIFORNIA, AND TO OBTAIN IMMEDIATE POSSESSION THEREOF FOR THE EDINGER AVENUE WIDENING PROJECT (CIP 7147) AND DECLARING THE PUBLIC CONVENIENCE AND NECESSITY THEREOF The City Council of the City of Tustin ("City"), by vote of two-thirds or more of its members, FINDS, DETERMINES, DECLARES, AND RESOLVES that: WHEREAS, City intends to construct the Edinger Avenue Improvements ("Project"), a )ublic 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 1481 Edinger Avenue (APN 430- 263-06); 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 Edinger Avenue between the SR-55 Freeway and Red Hill Avenue; and WHEREAS, the plans for the Project are on file with the Director of Public Works of City; and 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, and summary of the basis for the amount established as just compensation for the real property and interests sought to be acquired; and WHEREAS, a reasonable length of time has expired since the date of the offers to the owners of the real property and interests therein sought to be acquired, and the owners have failed to favorably respond to the offers of the amounts established by City as just compensation; and WHEREAS, some or portions of the property and interests therein hereinafter described are being acquired as a "remnant" pursuant to Code of Civil Procedure section 1240.410; and WHEREAS, some or portions of the property and interests therein hereinafter described are being acquired for a compatible joint use pursuant to Code of Civil Procedure section 1240.510; and WHEREAS, the Project is part of the City's Capital Improvement Program, and on August 5, 2002, the City Council of the City, adopted Resolution No. 02-77 exempting the acquisitions required by the Project from the provisions of Government Code, section 65402; and WHEREAS, on May 8, 2001 pursuant to Public Resources Code section 21000, et seq., the California Environmental Quality Act ("CEQA"), the City filed a Notice of Determination under CEQA with the County Clerk of the County of Orange, California; and WHEREAS, pursuant to the provisions of Code of Civil Procedure, section 1245.235, on 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 ~lace 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. 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. 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: 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; 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 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; 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 Wodey 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: COUNClLMEMBER ABSENT: PAMELA STOKER City Clerk -4- 3 A. 4 B. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Exhibit "A" Exhibit "A" Appendix A CONTENTS Legal Description Parcel 10010 (Mullin Lumber Co.) Legal Description Parcel 10010.1 Temporary Construction Easement (Mullin Lumber Co.) -5- RBF CONSULTING 24725 Alton Parkway Irvine, California 92618 EXHIBIT "A" LEGAL DESCRIPTION EDINGER AVENUE PARCEL 10010 (MULLIN LUMBER CO.) Revised June 5, 2002 August 31, Iggg JN 10-034145.[3 Page I of 4 That certain parcel of land situated in the City of Tustin, County of Orange, State of California, being that portion of Lot 66, Block 10 of Irvine's Subdivision as shown on a map thereof filed' in Book 1, Page 88 of Miscellaneous Records Maps in the Office of the County Recorder of said Orange County, described as follows: BEGINNING at the intersection of the northwesterly line of the land described in the Grant Deed to Hullin Lumber Co. recorded October 2, 1959, in Book 4909, Page 154 of Official Records with the northeasterly right-of-way line of Edinger Avenue as described in the Corporation Grant Deed to the City of Tustin recorded October 2, 1985, as Instrument No. 85-377537 of Official Records, both in said Office of the Orange County Recorder; thence along said northeasterly right-of-way line South 49°21'05" East 5.711 meters to a point on a non-tangent curve therein, concave northwesterly and having a radius of 5.892 meters, a radial line of said curve from said point bears North 14°39'59" West; thence continuing along said northeasterly right-of-way line and the northwesterly right-of-way line of Redhill Avenue as described in said deed through the following courses: along said curve northeasterly 3.567 meters through a central angle of 34°41,06,,; thence radially from said curve South 49°21,05,, East 8.943 meters to a point on a non-tangent curve concave southeasterly and having a radius of 5.892 meters, a radial line of said curve from said point bears South 49°21'05'' East; thence along said curve southwesterly 3.567 meters through a central angle of 34°41'06"; thence non-tangent from said curve South 49°21'D5,, East 55.943 meters to a point on a non-tangent curve concave northwesterly and having a radius of 5.892 meters, a radial line of said curve from said point bears North 14°39'59" West; RBF Consulting Edinger Avenue Parcel (Mullin Lumber Co.) EXHTBTT "A" Revised ~une 5, 200Z August 31, 1999 ~N 10-034145.13 Page 2 of 4 thence along said curve northeasterly 3.567 meters through a central angle of 34°41'06,,; thence radially from said curve South 49°21,05'' East 10.772 meters to a point on a non-tangent curve concave southeasterly and having a radius of 5.892 meters, a radial line of said curve from said point bears South 49°21,05'' East; thence along said curve southwesterly 3.567 meters through a central angle of 34°41,06.; thence non-tangent from said curve South 49°21,05" East 61.256 meters to a point on a non-tangent curve concave northwesterly and having a radius of 7.416 meters, a radial line of said curve from said point bears No~th 08°13,57'' West; thence along said curve northeasterly 5.322 meters through a central angle of 41°07'08,,; thence radially from said curve South 49°21'05'' East 9.552 meters to a point on a non-tangent curve concave southeasterly and having a radius of 6.197 meters, a radial line of said curve from said point bears South 49°21,05'' East; thence along said curve southwesterly 3.838 meters through a central angle of 35°28'58,,; thence non-tangent from said curve South 38°50,27,, East 7.017 meters; thence South 49°21,05. East 36.890 meters; thence North 85°38,50" East 12.930 meters; thence North 40015,49,, East 0.305 meters; thence leaving said northwesterly right-of-way line of Redhill Avenue North 49°21'15,' West 1.217 meters to a line parallel with and 1.078 meters northerly of that certain course described hereinbefore as "North 85°38'50. East 12.930 meters"; thence along said parallel line South 85038'50" West 11.208 meters to a line parallel with an 1.524 meters northeasterly of that certain course described hereinbefore as "South 49°21'05,' East 36.890 meters"; thence along said parallel line North 4g°2t,05,, West 37.365 meters; thence North 04°21,05'' West 6.897 meters; thence North 49°21,05. West 14.792 meters; RBF Consulting £dinger Avenue Parcel 10010 (Hullin Lumber Co.) EXHIBIT "A" Revised June 6, 2002 August 31, iggg JN 10-034145.13 Page 3 of 4 thence South 85°38'55,, West 6.895 meters to a point on a non-tangent curve concave northeasterly and having a radius of 12.497 meters, a radial line of said curve from said point bears North 39°52'13" East; thence along said curve northwesterly 4.690 meters through a central angle of 21°30'17"; thence tangent from said curve North 28°37'30" West 4.761 meters to the beginning of a tangent curve concave southwesterly and having a radius of 17.983 meters, the northwesterly terminus of said curve shall be tangent to a line parallel with and 5.181 meters northeasterly of that certain course described hereinbefore as "South 49°21'05' East 61.256 meters"; thence along said curve northwesterly 6.505 meters through a central angle of 20°43'35', to said parallel line; thence along said parallel line North 49°21,05. West 18.288 meters to the beginning of a tangent curve concave southwesterly and having a radius of 17.983 meters; thence along said curve northwesterly 6.505 meters through a central angle of 20°43'35"; thence tangent from said curve North 70°04'40" West 4.761 meters to the beginning of a tangent curve concave northeasterly and having a radius of 12.497 meters; thence along said curve northwesterly 4.690 meters through a central angle of 21°30'17"; thence non-tangent from said curve North 04°21'05" West 6.895 meters; thence North 49°21'05" West 15.999 meters; thence South 85°38'55" West 6.897 meters to a line parallel with and 1.524 meters northeasterly of that certain course described hereinbefore as "South 49°21'05', East 55.943 meters"; thence along said parallel line North 49°21'05'' West 43.126 meters; thence North 04°21'05,, West 6.897 meters; thence North 4g°21'05', West 14.095 meters; thence South 85°38'55" West 6.033 meters to a point in said northwesterly line of the RBF Consulting Edinger Avenue Parcel 10010 (Mullin Lumber Co.) EXHIBIT "A" Revised 3une 5, 2002 August 31, 1999 JN 10-034145.13 Page 4 of 4 land of Mullin Lumber Co., distant thereon North 40°38'30'' East 2.134 meters from the POINT OF BEGINNING; thence along said northwesterly line South 40o38'30'' West 2.134 meters to the POINT OF BEGINNING. CONTAINING: 610.925 square meters, more or less. Unless otherwise noted, all bearings and distances in this description are metric ground based on the California Coordinate System, (CCC83) Zone VI NAD 1983 (1991.35 O.C.S. GPS Adjustment) SUBJ£CT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached and by this reference made a part hereof. G egory A. Helmer, L.S. 5134 .P~ .7'jP~ c') ~-.~ LINE OF A PARCEL LAND PER O.R. EXHIBIT SKETCH TO ACCONPANY A LEGAL DESCRIPTION FOR EDINGER AVENUE PARCEL 10010 (IdULLIN LUMBER CO.) CONTAINING 610.925 SQUARE METERS lO LOT :~'~ SCALE= 1:500 SHEET I OF 2 SHEETS P~V, ~ ~, 2~2 A~T 31, 1999 J.N. 5, / I I '50 '03 ~ EXHI~31T '13' LOT "" ~/$ V SKETCH TO ACCOMPANY A ~GAL D£$ORIPT(ON FOR EDINGER AVENUE PARCEt ~00~0 (MULLIN LUb!BER 00.) CONTAINING 610.925 SQUARE METERS + SCALE= 1:500 N85 '55 '50 "E SHEET 2 OF 2 SHEETS A~T SI. 1999 J.N. ~PS~ATA~I45~D~G~E~IBITS~I4~OI7,DW~ RBF CONSULTIHG 14725 Alton Parkway Irvine, California 9261B LEGAL DESCRIPTION Revised November 7, 2002 October 24, 2001 EXHIBIT "A" JN 10-034145,19 Page 1 of 4 EDINGER AVENUE PARCEL ~00~0.! TEHPORARY CONSTRUCTION EASEMENT (MULLIN LUMBER CO.) That certain parcel of land situated i~ the City of Tustin, County of Orange, State of California, being that portion of Lot 66, Block 10 of Irvine's SubdivisiDn as shown on a map thereof filed in BOOK 1, Page 88 of Miscellaneous Records MaPS in the Office of the County Recorder of said Orange County, included within a strip of land 4.500 meters wide, the general southwesterly line of which is described as follows: COMMENCING a: the intersection of the northwesterly line of the land describeo in the Grant Deed to Mulli~ Lumber Co. recorded October 2, 1959, in Book 4909, Page 154 of Official Records with :ne northeasterly right-of-way line of Edinger Avenue as described in the Corporation Grant Deed to the City of Tustin recorded October 2, 1985, as Instrument No. 85-377537 of Official Records, both in said Office of the Orange County Recorder; thence along said northeasterly right-of-way 1.ine South 4g°21'05'' East 5.711 meters to a point om a non-tangent curve therein, concave northwesterly and having a radius of 5.892 meters, a radial line of said curve from said point bears North 14°3g'59', West; thence continuing along said northeasterly right-of-way line and the northwesterly right-of-way line of Redhill Avenue as describe~ in said deed through the following courses: along said curve northeasterly 3.567 meters through a central angle of 34°41'06.; thence radially, from said curve South 49°21'05'' East 8.943 meters to a point on a non-tangent curve concave southeasterly and having a radius of 8.892 meters, a radial line of said curve from said point bears South 49021'05'' East; thence along said curve southwesterly 3.567 meters through a central angle of 34°41,06,,; thence non-tangent from said curve South 49021'05'' East 55.943 meters to a point RBF Consulting Edinger Avenue Parcel lO010.1 Temporary Construction Easement (Nu]lin Lumber Co.) Revised November 7, 2002 October 24, 2001 JN 10-034145.1g Page 2 of 4 EXNIBIT "A" on a non-tangent curve concave northwesterly and having a radius of 5.892 meters, a radial line of said curve, from said point bears North 14°39'59" West; thence along said curve northeasterly 3.567 meters through a central angle of 34°41,06,,; thence radially from said curve South 49021'05'' East 10.772 meters to a point on a non-tangent curve concave southeasterly and having a radius of 5.892 meters, a radial line of said curve from said point bears South 49°21'05'' East; thence along said curve southwesterly 3.567 meters through a central angle of 34°41'06.; thence non-tangent from said curve South 49°21'05'' East 61.256 meters to a point on a non-tangent Curve concave northwesterly and having a radius of 7.416 meters, a radial line of said curve from said point bears North 08013'57,' West; thence along said curve northeasterly 5.322 meters through a central angle of 41°07,08,,; thence radially from said curve South 49°21'05" East 9.552 meters to a point on a non-tangent curve concave southeasterly and having a radius of 6.197 meters, a radial line of said curve from said point bears South 49°21'05'' East; thence along said curve southwesterly 3.838 meters through a central angle of 35°28,58,,; thence non-tangent from said ourve South 38°50'27" East 7.017 meters; thence South 49°21'05. East 36.890 meters; thence North 85°38'50" East 12.930 meters; thence North 40015'4g'' East 0.305 meters to the TRUE POINT OF BEGINNING; thence leaving said northwesterly right.of-way line of Redhill Avenue North 49021'15'' West 1.217 meters to a line parallel with and 1.078 meters northerly of that certain course described hereinbefore as "North 85°38'50'' East 12.930 meters"; thence along said parallel line South 85°38'50'' West 11.208 meters to a line parallel with an 1.524 meters northeasterly of that certain course described hereinbefore as "South 49°21'05" East 36.890 meters"; RBF Consulting Edinger Avenue Parcel 10010.1 Temporary Construction Easement (Mullin Lumber Co.) Revised November 7, 2002 October 24, 2001 JN 10-034145.19 Page 3 of 4 EXHIBIT "A" thence along said parallel line Nort'h 49°21'05'' West 37.365 mete'rs; thence North 04°21,05" West 6.897 meters; thence North 49°21,05'' West 14.792 meters; thence South 85°38'55" West 6,895 meters to a point on a non-tangent curve concave northeasterly and having a radius of 12.497 meters, a radial line of said curve from said point bears North 39°52'13'' East; thence along said curve northwesterly 4.690 meters through a central angle of 21°30,17.; thence tangent from said curve North 28°37'30" West 4.761 meters to the beginnino of a tangent curve concave southwesterly and having a radius of 17.983 meters, the northwesterly terminus of said curve Shall be tangent to a line parallel with and 5.181 meters northeasterly of that certain course described hereinbefore as "South 49°21'05" East 61.256 meters"; thence along said curve northwesterly 6.505 meters through a central angle of 20043'35" to said parallel line; thence along said parallel line North 49°21,05'' West 18.288 meters to the beginning of a tangent curve concave southwesterly and having a radius of 17.983 meters; thence along Said curve northwesterly 6.505 meters through a central angle of 20°43,35.; thence tangent from said curve North 70°04,40" West 4.761 meters to the beginning of a tangent curve concave northeasterly and having a radius of 12.497 meters; thence along said curve northwesterly 4.690 meters through a central angle of 21°30,17,,; thence non-tangent from said curve North 04°21'05. West 6.895 meters; thence. North 49021,05'' West 15.999 meters; thence South 85°38'55'' West 6.897 meters to a line parallel with and 1.524 meters northeasterly of that certain course described hereinbefore as "South 49°21'05,, East 55.943 meters"; RBF Consulting Edinger Avenue Parcel ~00~0.1 Temporary Construction Easemen: (Nullin Lumber Co.) Revised November 7, ZOOZ October 24, 2001 JN 10-034145.1g Page 4 of 4 EXHIBIT "A" thence along said parallel line North 4g°21'0~'' West 43.126 meters; thence North 04°21'05" West 6.897 me:ers; thence North 49°21'05" West 14.095 meters; t~ence South 85°38'55" Wes: 6.033 me:ers to a ooint in said norznwes:erly line of the land of Mullin Lumber Co., distan: tnereon North 40°38'30' East 2.134 me:ers from the POINT OF COMMENCEMENT. Said strip of land shall be lengthened or snortened so as to terminate southeasterly in saio northwesterly right-of-way line of Redhill Avenue and terminate northwesterly in said northwesterly line of :ne lano of ~ullin Lumber Company. CONTAINING: 1031.149 Square Meters (1t,099 Square Feet) more or less. Unless otherwise noted, all bearings and distances in this description are metric ground based on the California Coordina:e System, (CCC83) Zone VI NAD 1983 (1991.35 O.C.S. GPS Adjustment) SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXNIBIT "B" attached and by this reference made a par: nereof. John W<jPfeifer,lLIS. 5329 5329 EXP, 12-31-200~ LINE OF A ?ARCEL LAND PER O.R. EXHIBIT SKETCH [0,4CCOMPANY ,4 I. EG,4L DEEC£1PTION fOR EDINGER A VENUE PARCEL ~0010. I TEMPORARy CONS/RUCTION E~SEI~ENr (~ULL,~N LUI~BER CO.) CONTAINING 1051.14£ SQUARE ,VETERS SCALE=l:500 SHEET ! OF 2 SHEETS PEYI~ED NOVE~ 7, 2002 OCTOEER 24, 2001 J.N. 10-0,54145 N84 *50 ' 03"~' N39'52' ~3"£ (nAP) SCALE= 1:500 ?:-,'L. lOOlo / EXHIBIT SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR EDINGER AVENUE PARCEL 10010. 1 TEIdPORARY CONSTRUCTION EASEIdENT 'MULLIN LUIdBER CO.} CONTAINING 1051.1,t9 SOUAnE b!ETEnS SHEET 2 OF 2 SHEETS REVISED NQ~ 14, 2002 OCTO~'-R 24, 2001 J.N. 10-034145 H: ~PDA TA I IOO,.~I14~. C-51DWGIE~JdIBI TSI TCEI I45EXO31. D~ 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 thebusiness 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. (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 process ng of documents for overnight delivery, and said envelope(s) will be deposited for receipt by on said date in the ordinary course of business. (PERSONAL SERVICE) I delivered such envelope(s) by hand to the offices of the addressee(s). (STATE) I declare that I am employed in the office of the CITY OF TUSTIN at whose direction the service was made. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. (FEDERAL) I declare that I am employed in the office of the CITY OF TUSTIN at whose direction the service was made. I declare under penalty of perjury under the laws of the United States of America that the above is true and correct. Executed on March 17, 2003 at Tustin, California. KaC~'erine Barr Office Support Specialist