HomeMy WebLinkAboutC.C. RES 03-25 3
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RESOLUTION NO. 03-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, STATE
OF CALIFORNIA, AUTHORIZING AND DIRECTING THE CITY ATTORNEY
AND/OR ,SPECIAL LEGAL COUNSEL TO ACQUIRE BY CONDEMNATION
CERTAIN REAL PROPERTY INTERESTS 'IN THE CITY OF TUSTIN, STATE
OF CALIFORNIA, AND TO OBTAIN IMMEDIATE POSSESSION THEREOF
FOR THE IRVINE BOULEVARD/NEWPORT AVENUE INTERSECTION
ENHANCEMENT PROJECT (CIP 7118) AND DECLARING THE PUBLIC
CONVENIENCE AND NECESSITY THEREOF
The City Council of the City of Tustin ("City"), by vote of two-thirds or more of its
members, FINDS, DETERMINES, DECLARES, AND RESOLVES that:
WHEREAS, City intends to construct the Irvine Boulevard/Newport Avenue
Intersection Enhancements ("Project"), a public use, and, in connection therewith, acquire
interests in certain real property. The Project is for a public use that is a function of City; and
WHEREAS, City intends to construct the Project to make effective the principal
purpose of street widening in compliance with the City's General Plan, including but not
limited to property to be used for the protection or preservation of the attractiveness, safety,
and usefulness of the Project as set forth in Code of Civil Procedure Section 1240.120(a);
and
WHEREAS, the Project requires the acquisition of fee interests and temporary
construction easements in certain real property located at 18410 Irvine Boulevard (APN 401-
283-01); arid
WHEREAS, City is authorized to acquire the parcel(s) described in Appendix A
together with a map thereof, attached hereto and incorporated herein by this reference, and
exercise the power of eminent domain for the public use set forth herein in accordance with
the California Constitution and the California Eminent Domain Law, Code of Civil Procedure
Section 1230.010 et seq. and pursuant to Streets and Highways Code Section 10102 (street
right of way); Government Code Section 54031 (parking); Government Code Section 38730
(water facilities); Streets and Highways Code Section 5100 et seq. (Street Improvement Act
acquisitions); and
WHEREAS, the real property interests sought to be acquired for the Project consists
of one parcel and is located within the territorial limits of City and is generally located on the
southwest corner of the intersection of Irvine Boulevard and Newport Avenue; and
WHEREAS, the plans for the Project are on file with the Director of Public Works of
City; and
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WHEREAS, the Project is planned and located in a manner which will be the most
compatible with the greatest public good and least private injury; and
WHEREAS, City has established the amounts it believes to be just compensation for
the hereinafter described real property interests sought to be acquired; and
WHEREAS, pursuant to Government COde section '7267.2, City has offered to the
owners of the real property and interests therein the full amount established as just
compensation for the real property sought to be acquired; and
WHEREAS, City has provided the owners of the real property and interests therein a
written statement, a summary of the basis for the amount established as just compensation
and an appraised summary statement for the real property and interests sought to be
acquired; and
WHEREAS, a reasonable length of time has expired since the date of the offers to the
owners of the real property and interests therein sought to be acquired, and the owners have
failed to favorably respond to the offers of the amounts established by City as just
compensation; and
WHEREAS, some or portions of the property and interests therein hereinafter
described are being acquired as a "remnant" pursuant to Code of Civil Procedure Section
1240.410; and
WHEREAS, some or portions of the property and interests therein hereinafter
described are being acquired for a compatible joint use pursuant to Code of Civil Procedure
Section 1240.510; and
WHEREAS, the Project is part of the City's Capital Improvement Program, and on
December 9, 2002, the Planning Commission of City, pursuant to the provisions of the
Government Code, Section 65402, found that the proposed location, purpose, and extent of
the project is consistent with the City's General Plan; and
WHEREAS, on November 1, 1999 the City Council approved a Mitigated Negative
Declaration for the Project pursuant to Public Resources Code Section 21000, et seq., the
California Environmental Quality Act ("CEQA"), and on November 10, 1999 the City filed a
Notice of Determination under CEQA with the County Clerk of the County of Orange,
California; and
WHEREAS, pursuant to the provisions of Code of Civil Procedure, Section 1245.235,
on March 17, 2003 there was mailed a Notice of Hearing on the intent of City Council to
Adopt a Resolution of Necessity for acquisition by eminent domain of the real property
described in Appendix A, which Notice of Hearing, Appendix B, is attached hereto and
incorporated herein by this reference. The Notice of Hearing was mailed to all persons
whose names appear on the last equalized County Assessment Roll as having an interest in
the property described in Appendix A, and to the address appearing on the Roll. The Notice
of Hearing advised those persons of their right to be heard on the matters referred to therein
and as specified in Code of Civil Procedure Section 1240.030 on the date and at the time
and place stated therein.
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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
ali evidence presented at the hearing.
SECTION 3. The hearing set out in the Notice of Hearing was held on April 7, 2003 at
the time and place stated therein, and all interested parties were given an opportunity to be
heard. The hearing was closed.
SECTION 4. Based upon the evidence presented, including the staff report and all
written and oral evidence presented at the hearing, this City Council by vote of two-thirds or
more of its members, further FINDS, DETERMINES, DECLARES, AND RESOLVES each of
the following:
a. The public interest and necessity require the proposed Project.
b,
The proposed Project is planned or located in the manner that will be the most
compatible with the greatest public good and the least private injury.
c. The property described in Appendix A is necessary for the proposed Project.
d.
The offer required by Government Code Section 7267.2(a), together with the
accompanying statement of and summary of the basis for the amount
established as just compensation, was made to the owner or owners of record,
which offer and accompanying statement/summary were in a form and
contained all of the factual disclosures provided by Government Code Section
7267.2(a).
SECTION 5. All conditions and statutory requirements necessary to exercise the
power of eminent domain ("the right to take") to acquire the property described herein have
been complied with by City.
SECTION 6. The City Attorney or Special Legal Counsel, Hahn & Hahn, is hereby
AUTHORIZED and EMPOWERED:
a,
To acquire in the name of City, by condemnation, the property described in
Appendix A, in accordance with the provisions of the California Eminent
Domain Law and the California Constitution;
bo
To acquire-the property in fee simple absolute unless a lesser estate is
described in Appendix A;
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;
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d,
To deposit the probable amount of compensation based on an appraisal, and to
apply to the court for an order permitting City to take immediate possession and
use of the property for the public uses and purposes.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
on the 7th day of April 2003
Mayor
ATTEST:
PAMELA STOKER
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CiTY OF TUSTIN )
RESOLUTION NO. 03-2.5
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 7th day of April , 200_3, by the
following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES'
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
I~ORLEY, I~AI~ASHIMA, BOlqE, DAVERT, THOHAS
NONE,.'
NONE
NONE
PAMELA STOKER
City Clerk
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Ae
B,
Co
Do
Exhibit "A"
Exhibit "A"
Exhibit "A"
Exhibit "A"
Appendix A
CONTENTS
Legal Description Parcel 103-1
Legal Description Parcel 103-2
Legal Description Parcel 203-1
Temporary Construction Easement
Legal Description Parcel 203-2
Temporary Construction Easement
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EXHIBTT "A'
·
PARCEL 103-1
'THAT PORTiON OF LOT 9 OF THE VANDERITp 'AND 'ROWAN TRACT, ~[N THE CITY OF TUS'I~N, COUNTY
OF ORANGE~ STATE OF CAI./FORN[A, AS SHOWN ON MAP RECORDED TN BOOK .5 PAGE .1.60 OF
M.[SCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALTFORN]'A, DESCRIBED AS FOLLOWS:
BEG:i:NNZNG '(P.O.B.) AT THE SOUTHEASTERLY CORNER OF PARCEL 135. AS
DESCRIBED IN AN EASEMENT DEED RECORDED SEPTEMBER 4.~ 1964 ]'N THE OF~CE OF
THE COUNTY RECORDER OF ORANGE COUNTY IN BOOK 7209 AT PAGES 264-266 OF
OFF~C:[AL RECORDS; THENCE ALONG THE NORTHWESTERLY I/NE OF A PARCEL OF
LAND CONVEYED TO PAC3:F~C ]'MPROVEMENT COMPANY BY DEED RECORDED .JULY 9,
1888 TN BOOK 451, PAGE 294 OF DEEDS, RECORDS OF LOS. ANGELES COUNTY SOUTH
28°56'06' WEST .1.:l.51 FEET; THENCE LEAVTNG S/LtD NORTHWESTEREY I'rNE NORTH
89°58'48' WEST 99.80 FEET TO THE WESTERLY l/NE OF' THE LAND DESC~BED' TN
BOOK 2269, PAGE 8.1., OF OFF"J:CT~L RECORDS, RECORDS OF ORANGE COUNTY; THENCE
ALONG SA]:D WESTERLY ITNE NORTH 00o02'43' WEST 10.00 FEET TO THE
SOUTHWESTERLY CORNER OF SA.]:D PARCEL 135; THENCE ALONG THE SOUTHERLY
ITNE OF SA.~D PARCEL 135 NORTH 89°58'39' EAST 105.38 FEET TO THE P0]:NT OF
BEGZNNZNG
CONTAINING 1030 SQUARE FEET = 0.02 ACRE, MORE OR LESS.
ALL AS MORE PARTICULARLY . SHOWN ON EXHIBiT "R" 'A'FFACHED HERETO AND BY REFERENCE. MADE
A PART THEREOF. - '
L.S. BATEMAN, P.L.S. #3757
I TCENSE EXPIRES .JUNE 30, 2004
DATE
.EXHIBIT "B" SHEET 1
PARCEL 103-1
'M..R. LA. c o,' 5-'1¢0' ~
o.R..,¢z,~,~-..cso ~,"1~, I
~1 ~ I
lr----~l /_'Z _ ~ ~' OR 91-254968...~._ dI d
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'x PARCEL 103- 1
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"~ '~8' "~ ~ ' I
LINE TABLE
LINE ~EARING LENGTH
L 1 $89'$2'15"W '11.23'
L2 S28'SS'OS"W t ~.51'
L3 NOO'O2'43"W 10.00'
..", "C '.., .;.;,;.-- ...... "--f ,'. .';'".:'-
0 20 40 80 . ,
,.,. ,., . ,.~ ~ ~'.,,_..,.~.
...':.', ~-~,.~
GRAPHIC SCALE: 1"=40'
AREA SQ.1,030FEET t 1:).0236ACRES I$~. blETERS .'..,-."'
I '~ ......... PREPARED UNDER THE DIRECTION OF
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ASL Consulting Engineers "~'~-"'~'".
16241 LAGUNA CYN. RD.
SUITE 2OO L.S. BATEMAN, P.L.S. 3757 DATE
~RVlNE, CA 926~8
'(949) 727-7099 FAX:(94@) ~27-70e7 LICENSE EXPIRES 06/30/2004
OF 1
EXHIBIT "A'
PARCEL 103-2
THAT PORTION OF LOT 9 OF THE VANDERI TP AND ROWAN TRACT, IN THE C~TY OF TUST[N, COUNTY
OF ORANGE, STATE OF CAITFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 5 PAGE 160 OF
MTSCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING (P.O.B.) AT THE SOUTHEASTERLY CORNER OF PARCEL 135 AS
'DESCRIBED IN AN EASEMENT DEED RECORDED SEPTEMBER 4, 1964 IN THE OFFICE OF
THE COUNTY RECORDER OF ORANGE COUNTY IN BOOK 7209 AT PAGES 264-266 OF
OF~CLAL RECORDS; THENCE ALONG THE NORTHWESTERLY ITNE OF A PARCEL OF
LAND CONVEYED TO PAC:[F'ZC IMPROVEMENT COMPANY BY DEED RECORDED JULY 9,
1888 IN BOOK 451, PAGE 294 OF DEEDS, RECORDS OF LOS ANGELES COUNTY SOUTH
28056'06'' WEST 151.77 FEET TO THE TRUE POINT OF BEGINNING (T.P.O.B.);
THENCE CON'rZNUING.ALONG SAID NORTH.WESTERLY ITNE SOUTH 28°56'06" WEST
42.54 FEET TO THE SOUTHERLY L[NE OF THE LAND DESCRIBED IN BOOK 141 PAGE
220 OF DEEDS, RECORDS OF ORANGE COUNTY; THENCE ALONG SAID LINE SOUTH
89°52'18" WEST 9.46 FEET; THENCE NORTH 37044~35'' EAST 38.31 FEET; THENCE
NORTH 43o27'13'' EAST 9.58 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 194 SQUARE FEET = 0.01 ACRE, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B", ATTACHED HERETO AND BY REFERENCE M~DE
A PART THEREOF.
EUGEN:L~;~, SHAFFER L,'~..~"~/ ~
ITCENSE EXPIRES SEPTF~BEK'30, 2002
DATE
L2
EXHIBIT "B"
PARCEL 103-2
V ANDE~LJP~:~: Ft 0 W A N TRAC T
NO0'02 '43"W 170. 04'
105-2
O.R. 2269-81
LINE TABLE
LINE BEARING LENGTH
L 1 $28'56'06 "W 42.54'
L2 $89'52' 1,9 "W g. 46'
L.3 SB9'52' 18 "W 1.77'
L4 N37'44 'J5 "E 38.31'
L5 N43'27'lJ"E 9.58'
0 20 40 80
GRAPHIC SCALE: 1"=4-0'
AREA SO, FEET ACRES I SO. METERS
I
194 0.0045
ASL Consulting Engineers
16241 LAGUNA CYN. RD.
SUITE 200
IRVINE, CA 92618
~.(949) 727-7099 FA×:(949) 727-7097
SHEET 1 OF 1
PREPARED UNDER THE DIRECTION OF
EUGENe. SHAFFER
LICENSE EXPIRES 09/30/'2'002
PARCEL 203-1
· TEMPORARY CONSTRUCT:ION EASEMENT.
THAT PORTION OF LOT 9 OF THE VANDERLIP AND ROWAN TRACT, IN THE CITY OF TUSTIN, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED' IN BOOK 5 PAGE 160 'OF
MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA,' DESCRIBED AS FOLLOWS:
BEGZNNZNG' (P.O.B.) AT THE SOUTHEASTERLY CORNER OF PARCEL 135 AS
DESCRIBED IN AN EASEMENT DEED RECORDED SEPTEMBER' 41 196~ IN THE OFFICE OF
THE COUNTY RECORDER OF 'ORANGE COUNTY IN BOOK 7209 AT PAGES 264-266 OF
OFFICIAL RECORDS; THENCE ALONG THE NORTHWESTERLY LINE OF A PARCEL OF
LAND CONVEYED TO PACIFIC IMPROVEMENT COMPANY BY .DEED RECORDED JULY 9,
1888 IN BOOK q51, PAGE 294 OF DEEDS, RECORDS OF LOS ANGELES COUNTY SOUTH
28°56'06" WEST 11.51 FEET TO THE TRUE PO)'NT OF BEGINNING (T.p.O.B.);
THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE SOUTH 28°56'06" WEST
11.15 FEET; THENCE LEAVING'SAID NORTHWESTERLY LINE NORTH 89o55q8'' WEST
94.40 FEET TO THE WESTERLY LINE OF THE LAND DESCRIBED IN BOOK 2269, PAGE 81
OF OFFICIAL RECORDS, RECORDS OF. ORANGE COUNTY; THENCE ALONG SAID LINE
NORTH 00°02'43" WEST 9.76 FEET; THENCE LEA//ING SAID LINE SOUTH 89058'48''
EAST 99.80 FEET TO THE TRUE PO'rNT OF BEGZNN~'NG.
CONTAZNTNG 948 SQUARE FEET = 0.02 ACRE, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "R" AFl'ACHED HERETO AND BY REFERENCE MADE`
A PART THEREOF. -"
L.S. BA'TEMAN,.P.L.S. #3757
LICENSE EXPIRES ]UNE 30, 2004
DATE
L1
EXHIBIT "B"
PARCEL 203-1
POR. LOT
VA.NDERLJP & R O WA~N TRA C-J'
'JVLR, L.A, C O,
O.R. #788-#60
NO0'02 '43"14/ t 70. 04'
SHEET t OF 1
·
LINE TABLE
L/NE BEA RING L ENG TH
L 1 S89'52' 1 ~ "W 1 1.25'
L2 S2B'5 6 '0 6 "14/ 1 1. ,51'
L,.,z ' S2B'56'O6"W 1 1.15'
L4 NOO'O2'45"W 9.76'
0 2O 40 8O
GRAPHIC SCALE: 1"='40'
AREA SQ. FEE-r ACRES I SO.METERS
I
948 0.0218
ASL Consulting Engineers
16241 LAGUNA CYN. RD.
SUITE 200
IRVINE, CA 92618
~(949) 72'7-7089 FAX:(94g) 72'7-709'7
PREPARED UNDER THE DIRECTION OF
,~,.~-/o~ ~
Z
t' '" .,~'
L.S. BATEMAN, P.L.S. 3757
LICENSE EXPIRES 06/50/2004
DATE
EXHTBZT "A"
PARCEL 203-2
TEMPORARY CONSTRUCTION EASEMENT
THAT PORT[ON OF LOT 9 OF THE VANDERL.tP AND ROWAN TRACT, :IN THE CTFY OF TUST]:N, COUNTY
OF ORANGE, STATE OF CAITFORN]:A, AS SHOWN ON MAP RECORDED :IN BOOK 5 PAGE 160 OF
M]:SCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CAL[FORN]:A, DESCR.tBED AS FOLLOWS'
BEGZNNZ'NG (P.OiB.) AT THE SOUTHEASTERLY CORNER OF PARCEL 135 AS
DESCR.[BED TN AN EASEMENT DEED RECORDED SEPTEMBER 4r 1964 :IN THE OF~CE OF
THE COUNTY RECORDER OF ORANGE COUNTY TN BOOK 7209 AT PAGES 264-266 OF
OFF]:C'JAL RECORDS; THENCE ALONG THE NORTHWESTERLY I..tNE OF A PARCEL OF
LAND CONVEYED TO PAC:[~C :IMPROVEMENT COMPANY BY DEED RECORDED JULY 9,
:1.888 ]'N BOOK 45.1, PAGE 294 OF DEEDS, RECORDS OF LOS ANGELES COUNTY SOUTH
28056'06'' WEST 151.77 FEEl' TO THE TRUE POINT OF BEGINNING (T.P.O.B.);
THENCE DEPARTING S/LtD I_[NE, SOUTH 43°27'13'' WEST 9.58 FEET; THENCE SOUTH
37°44'35'WEST 38.3:1. FEET TO THE SOUTHERLY ITNE OF THE LAND DESCR.[BED TN
BOOK :1.41 PAGE 220 OF DEEDS, RECORDS OF ORANGE COUNTY; THENCE ALONG SA]'D
Il:NE SOUTH 89°52'.1.8' WEST :1..77 FEET TO THE WESTERLY L]:NE OF THE LAND
DESCR.tBED TN BOOK 2269 PAGE 8:1. OF OFFJC:[AL RECORDS, RECORDS OF ORANGE
COUNTY; THENCE_ ALONG SAID ITNE NORTH 00002'43'' WEST .1.3.64 FEET; THENCE
DEPART]:NG SA]:D I.[NE NORTH 37044'35" EAST 29.77 FEET; THENCE NORTH 89041'25"
EAST 13.60 FEET TO THE TRUE POI'NT OF BEGINNING.
CONTATNTNG 391 SQUARE FEET = 0.01 ACRE, MORE OR LESS.
ALL AS MORE PAR'I'~CULARLY SHOWN ON EXH:TB~rT' "B', ATTACHED HERETO AND BY REFERENCE MADE
A PART THEREOF.
EUGEN~,4~HAFFER L:S, 4"6'44 '~/
DATE
EXHIBIT "B"
PARCEL 203-2
?rjR, LOT ~
V %\.ND ~ F~ I_.JP &, R O W .A N -£F~./.-\ C -F
M. P,. L..z-,g C O, ~-~'J8 O
O.R. 4788-460
jO.R, 91-254968~ ...... ~
NO0'02 '43 "W 170. 04'
PARCEL 20,3-2
O.R. 2269-81
LINE TABLE
LINE BEARING LENGTM
· L 1 S89'52' 18 "W 9.46'
L2 SB9'52 '18 "W 1.77'
L,3 NO0'02 '4,3 "W 1,7. 64'
L 4 N37'44 '35"E 29.77'
, ·
L5 N89'41 '25 "E lJ. 60'
L6 S4J'27'1J"W 9.58'
L 7 SJ7'44 'J5"W 38. J 1'
dI d
SHEET 1
OF 1
0 20 4O 80
GRAPHIC SCALE: 1"=40'
I
AREA SC), FEB ACRES J SQ. METERS
1
391 0.0090
ASL Consulting Engineers
16241 LAGUNA CYN. RD.
SUITE 2O0
IRVINE, CA 92618
~,(949) 727-7099 FAX:(949) 727-7097
LICENSE EXPIRES 09/30/~2 '~