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RESOLUTION NO. 03-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, STATE
OF CALIFORNIA, AUTHORIziNG AND DIRECTING THE CITY ATTORNEY
AND/OR SPECIAL LEGAL COUNSEL TO ACQUIRE BY CONDEMNATION
CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF TUSTIN, STATE
OF CALIFORNIA, AND TO OBTAIN IMMEDIATE POSSESSION THEREOF
FOR THE 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 13052 Newport Avenue (APN 500-
101-03); and
WHEREAS, City is authorized to acquire the parcel(s) described in Appendix A
together with a map thereof, attached hereto and incorporated herein by this reference, and
exercise the power of eminent domain for the public use set forth herein in accordance with
the California Constitution and the California Eminent Domain Law, Code of Civil Procedure
Section 1230.010 et seq. and pursuant to Streets and Highways Code Section 10102 (street
right of way); Government Code Section 54031 (parking); Government Code Section 38730
(water facilities); Streets and Highways Code Section 5100 et seq. (Street Improvement Act
acquisitions); and
WHEREAS, the real property interests sought to be acquired for the Project consists
of one parcel and is located within the territorial limits of City and is generally located on the
northeast corner of the intersection of Irvine Boulevard and Newport Avenue; and
WHEREAS, the plans for the Project are on file with the Director of Public Works of
City; and
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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
all evidence presented at the hearing.
SECTION 3. The hearing set out in the Notice of Hearing was held on April 7, 2003 at
the time and place stated therein, and all interested parties were given an opportunity to be
heard. The hearing was closed.
SECTION 4. Based upon the evidence presented, including the staff report and all
written and oral evidence presented at the hearing, this City Council by vote of two-thirds or
more of its members, further FINDS, DETERMINES, DECLARES, AND RESOLVES each of
the following:
a. The public interest and necessity require the proposed Project.
bo
The proposed Project is planned or located in the manner that will be the most
compatible with the greatest public good and the least private injury.
c. The property described in Appendix A is necessary for the proposed Project.
d.
The offer required by Government Code Section 7267.2(a), together with the
accompanying statement of and summary of the basis for the amount
established as just compensation, was made to the owner or owners of record,
which offer and accompanying statement/summary were in a form and
contained ali of the factual disclosures provided by Government Code Section
7267.2(a).
SECTION 5. All conditions and statutory requirements necessary to exercise the
power of eminent domain ("the right to take") to acquire the property described herein have
been complied with by City.
SECTION 6. The City Attorney or Special Legal Counsel, Hahn & Hahn, is hereby
AUTHORIZED and EMPOWERED:
a,
To acquire in the name of City, by condemnation, the property described in
Appendix A, in accordance with the provisions of the California Eminent
Domain Law and the California Constitution;
b.
To acquire the property in' fee simple absolute unless a
described in Appendix A;
lesser estate is
Co
To prepare or have prepared and to prosecute or to retain counsel to prosecute
in the name of City such proceedings in the proper court as are necessary for
such acquisition;
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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. 03-20
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 7rtz day of Ap~:±]. , 2003_, by the
following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
City Clerk
I4ORLEY, KAWASHIMA, BONE, DAVERT, THOMAS
NONE
NONE
NONE
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Ao
Exhibit "A"
Appendix A
CONTENTS
Legal Description Parcel 207-6
Temporary Construction Easement
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EXHIBIT "A" .
PARCEL 207-6
TEMPORARY CONSTRUCTION EASEMENT
THAT PORT~ON OF THE NORTHEASTERLY ONE-HALF OF LOT 1 IN BLOCK 12 OF IRVINE'S SUBDIVISION,
IN THE CITY OF TUS-~N, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED
IN BOOK i AT PAGE 88 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING (P.O.B.) AT THE MOST EASTERLY CORNER OF THE PARCEL DESCRIBED
IN 'THE OFFER OF DEDICATION RECORDED MAY 29., 1992 AS INSTRUMENT NO. 92-
363619 IN THE OFFICE OF THE RECORDER ,OF SAID COUNTY; 'THENCE ALONG THE
NORTHERLY, NORTHEASTERLY AND SOUTHEASTERLY LINES OF 'SAID INSTRUMENT
SOUTH 89°58'39" WEST ~.12.65' FEET; THENCE NORTH 25°01'50' WEST 40.92 FEET;
THENCE NORTH 39°57'41' EAST 116.71 FEET; THENCE LEAVING SAID SOUTHEASTERLY
LINE SOUTH SO°O0'O0'' EAST 6.85 FEET TO THE BEGINNING OF A NON-TANGENT
CURVE, CONCAVE SOUTHEASTERLY, THE RADIUS OF WHICH BEARS SOUTH 50o21'30"
EAST 1982.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE 68.53 FEET
THROUGH A CENTRAL ANGLE OF 01°58'52"; THENCE SOUTH 37°39'38'' WEST 4~..90
FEET; .'THENCE SOUTH 25°01'50' EAST 17.0S FEET;. THENCE NORTH 89°58'39'' EAST
~.10.95 FEET;' THENCE SOUTH 00°0~.'21' EAST 20.00 FEET TO THE POINT OF
BEGINNING.
CONTAI:NING 3,454 SQUARE FEET = 0.08 ACRES, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIB:FI' "B', ATTACHED HERETO AND BY REFERENCE MADE
A PART THEREOF. '
EUGEN~:;~. SHAFFER, L.S. 4.~////
LICENSE EXPIRES ~-,.~(¢~'? ._
DATE
N:\3291\0008~urvey\ROW\PARCEL207.6.doc
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0 20 40 80
GRAPHIC SCALE: 1"=40'
AREA J SQ. FEET3,45a ACRES ISQ' MET~RSo.08
ASL Consulting Engineers
1 6241 LAGUNA CYN. RD.
SUITE 200
iRVINE, CA 92618
,,.~(949)727-7099 FAX:(949) 727-7097
EXHIBIT "B" 'SHEET 1 OF 1
PARCEL 2'07-6
L5
20'
,
P.O.B.
,.,
LINE TABLE
LINE BEARING LENGTH
t I N25'01 '50 "W 40. 92'
L2 $50'00 '00 "E 8. 85'
L3 537'39 '38"W 41.90'
L4 S25'01 '50 "E 1 ?. 05'
.....
L5 $00'01 '21 "E 20.00'
CURVE TABLE
cuRv~I D~L~A J-RADIUS LENGTH
C1 01'58'52"1982.00'$$.53'
PREPARED UNDER THE DIRECTION
~GENE A. SHAFFER5 L.S. 46¢/ // DATE