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Home My WebLink AboutC.C. RES 03-18;r 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. 03-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, STATE OF CALIFORNIA, AUTHORIZING AND DIRECTING THE CITY ATTORNEY AND/OR SPECIAL LEGAL COUNSEL TO ACQUIRE BY CONDEMNATION CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF TUSTIN, STATE OF CALIFORNIA, AND TO OBTAIN IMMEDIATE POSSESSION THEREOF FOR THE IRVINE BOULEVARD/NEWPORT AVENUE INTERSECTION ENHANCEMENT PROJECT (CIP 7118) AND DECLARING THE PUBLIC CONVENIENCE AND NECESSITY THEREOF The City Council of the City of Tustin ("City"), by vote of two-thirds or more of its members, FINDS, DETERMINES, DECLARES, AND RESOLVES that: WHEREAS, City intends to construct the Irvine Boulevard/Newport Avenue Intersection Enhancements ("Project"), a public use, and, in connection therewith, acquire interests in certain real property. The Project is for a public use that is a function of City; and WHEREAS, City intends to construct the Project to make effective the principal purpose of street widening in compliance with the City's General Plan, including but not limited to property to be used for the protection or preservation of the attractiveness, safety, and usefulness of the Project as set forth in Code of Civil Procedure Section 1240.120(a); and WHEREAS, the Project requires the acquisition of fee interests and temporary construction easements in certain real property located at 1062 Old Irvine Boulevard (APN 500-101-06); and WHEREAS, City is authorized to acquire the parcel(s) described in Appendix A together with a map thereof, attached hereto and incorporated herein by this reference, and exercise the power of eminent domain for the public use set forth herein in accordance with the California Constitution and the California Eminent Domain Law, Code of Civil Procedure Section 1230.010 et seq. and pursuant to Streets and Highways Code Section 10102 (street right of way); Government Code Section 54031 (parking); Government Code Section 38730 (water facilities); Streets and Highways Code Section 5100 et seq. (Street Improvement Act acquisitions); and WHEREAS, the real property interests sought to be acquired for the Project consists of one parcel and is located within the territorial limits of City and is generally located on the north side of Irvine Boulevard between Newport Avenue and Old Irvine Boulevard; WHEREAS, the plans for the Project are on file with the Director of Public Works of City; and 1 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 2 3 WHEREAS, City has established the amounts it believes to be just compensation for the hereinafter described real property interests sought to be acquired; and 4 WHEREAS, pursuant to Government Code Section 7267.2, City has offered to the 5 owners of the real property and interests therein the full amount established as just 6 compensation for the real property sought to be acquired; and 7 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 8 and an appraised summary statement for the real property and interests sought to be 9 acquired; and 10 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 11 failed to favorably respond to the offers of the amounts established by City as just compensation; and 12 13 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 14 1240.410; and 15 WHEREAS, some or portions of the property and interests therein hereinafter 16 described are being acquired for a compatible joint use pursuant to Code of Civil Procedure Section 1240.510; and 17 WHEREAS, the Project is part of the City's Capital Improvement Program, and on 18 December 9, 2002, the Planning Commission of City, pursuant to the provisions of the 19 Government Code, Section 65402, found that the proposed location, purpose, and extent of the project is consistent with the City's General Plan; and 20 WHEREAS, on November 1, 1999 the City Council approved a Mitigated Negative 21 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 22 Notice of Determination under CEQA with the County Clerk of the County of Orange, 23 California; and 24 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 25 Adopt a Resolution of Necessity for acquisition by eminent domain of the real property 26 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 27 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 28 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 ~wr+-` NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, STATE OF CALIFORNIA, finds, determines and orders as follows: SECTION 1. The above recitations are true. SECTION 2. The April 7, 2003 staff report has been read and considered along with all evidence presented at the hearing. SECTION 3. The hearing set out in the Notice of Hearing was held on April 7, 2003 at the time and place stated therein, and all interested parties were given an opportunity to be heard. The hearing was closed. SECTION 4. Based upon the evidence presented, including the staff report and all written and oral evidence presented at the hearing, this City Council by vote of two-thirds or more of its members, further FINDS, DETERMINES, DECLARES, AND RESOLVES each of the following: a. The public interest and necessity require the proposed Project. b. The proposed Project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury. c. The property described in Appendix A is necessary for the proposed Project. d. The offer required by Government Code Section 7267.2(a), together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record, which offer and accompanying statement/summary were in a form and contained all of the factual disclosures provided by Government Code Section 7267.2(a). SECTION 5. All conditions and statutory requirements necessary to exercise the power of eminent domain ("the right to take") to acquire the property described herein have been complied with by City. SECTION 6. The City Attorney or Special Legal Counsel, Hahn & Hahn, is hereby AUTHORIZED and EMPOWERED: a. To acquire in the name of City, by condemnation, the property described in Appendix A, in accordance with the provisions of the California Eminent Domain Law and the California Constitution; b. To acquire the property in fee simple absolute unless a lesser estate is described in Appendix A; c. To prepare or have prepared and to prosecute or to retain counsel to prosecute in the name of City such proceedings in the proper court as are necessary for such acquisition; -3- ~` ~, ~.n 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 I~' 26 27 28 d. To deposit the probable amount of compensation based on an appraisal, and to apply to the court for an order permitting City to take immediate possession and use of the property for the public uses and purposes. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin on the 7th day of April 2003 Uv ~ (~/ V~ Tracy Wi Is Orley Mayor ATTEST: PA ELA STOKER CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) RESOLUTION NO. 03-18 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 nth day of April 2003, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk WORLEY, KAWASHIMA, BONE, DAVERT, THOMAS NONE NONE NONE -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 0 Appendix A CONTENTS A. Exhibit "A" Legal Description Parcel 109-1 B. Exhibit "A" Legal Description Parcel 209-1 Temporary Construction Easement -5- 0 EXHIBIT "A" PARCEL. iQ9=1 ~~ THAT PORTION OF THE NORTHEASTERLY ONE-HALF OF LOT 1 IN BLOCK 12 OFIRVINE'S-SUBDIVISION, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 1 AT PAGE 88 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING (P.O.C.) AT THE MOST WESTERLY CORNER OF THE PARCEL OF LAND DESCRIBED IN AN EASEMENT DEED RECORDED MARCH 25, 1960 IN BOOK 5164, PAGE 131, IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE SOUTH 39°55'33" WEST 154.15 FEET ALONG NORTHWESTERLY LINE OF THE SOUTHEASTERLY 1032.8 FEET OF NORTHEASTERLY ONE-HALF OF LOT 1 BLOCK 12 OF IRVINE'S SUBDIVISION TO THE TRUE POINT OF BEGINNING (T.P.O.B.), .SAID POINT BEING THE BEGINNING OF ANON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, THE RADIUS OF WHICH BEARS SOUTH 03°43'46" WEST 1260.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 102.40 FEET THROUGH A CENTRAL ANGLE OF 04°39'23" TO THE NORTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN A QUIT CLAIM DEED RECORDED JULY 24, 1990 AS INSTRUMENT NO. 90-388434, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 39°55'33" WEST 11.75 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, THE RADIUS OF WHICH BEARS SOUTH 08°06'i5" WEST 1250,00 FEET, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT OF WAY OF IRVINE BOULEVARD DESCRIBED AS . PARCEL A IN AN EASEMENT DEED RECORDED NOVEMBER 04, 1959 IN BOOK 4959, PAGE 357, OFFICIAL RECORDS OF ORANGE COUNTY; THENCE WESTERLY ALONG SAID NORTHERLY LINE AND SAID CURVE 102.77 FEET THROUGH A CENTRAL ANGLE OF 04°42'39" TO THE NORTHWESTERLY LINE OF SAID SOUTHEASTERLY 1032.8 FEET OF LOT 1; THENCE LEAVING SAID NORTHERLY LINE ALONG SAID WESTERLY LINE NORTH 39°55'33" EAST 12.42 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1,026 SQUARE FEET = 0.02 ACRES, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B", ATTACHED HERETO AND BY REFERENCE MADE A PART THEREOF. EUGEN . SHAFFER, L.S. DATE LICENSE EXPIRES SEPTEM 30, 2002 \\10.20.30.501engin\3291 \00081surveylROW1PARCEL109-1.doc C POR. NEE' LY 1/2 OF EXHIBIT "B" PARCEL 109-1 i <r d so' co J m N03'23 36 I ~o ,~ 0 ~°'. r W CURVE TABLE CURVE -DELTA RADIUS LENG C1 04'39'23" 1260.00' 102. C2 04'42'39" 1250.00' 102. °~- 0 25 - 50 100 GRAPHIC SCALE: 1 "=50' A. ~ ~~~~ ~ ,. ~' ~ , ~~ ~ X14 PREPARED UNDER THE DIRECTION OF EUGENE A. SNAPPER, L. 4 DATE LICENSE EXPIRES UNE TABLE LINE BEAR/NG LEN L 1 S39'S5'33"W 11.7 L2 N39'S5'33'E 12.4 LOT ,Y BLOCK ~2 OF T. P. O.T. P. O. B. \ 0 SHEET 1 OF 1 i1 i :~R~ <<, IR VINE'S SUBDI V ION JO' _ 503'43'46"W(~ / ~~ M R M 1/88 s° ~° ~~o G~ti ,~,~ / V V ~ S ~ F / \ SSG d'' O,~ / \ PARCEL 109-1 ms's/sue°tij ~ ,~~~ opp~ ~s ~ ~~ o0 / _ 5h 9 N08 23 09'E'(R) P. 0. C~ \ / p~1~ L 1 / \ ~p`~ / ~• / ~`~~ p / i INSTRUMENT / ~~~~ ~90-388434 O.R./ p~, ,C / \ \ GTH O~~ 40' ~0~ 0~,\~~' 5' ~ o 2' ~~~ 1~~ N ~~~~0~0~~~ o ~~ of 5J a TH ,~`r '~ ~ h ~ 0 s ~;„ EXHIBIT "A" PARCEL 209-1 TEMPORARY CONSTRUCTION EASEMENT THAT PORTION OF THE NORTHEASTERLY ONE-HALF OF LOT 1 IN BLOCK 12 OF IRVINE'S SUBDIVISION, IN THE CITI' OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON-.MAP RECORDED IN BOOK 1 AT PAGE 88 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE RECORDER OF -SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING (P.O.C.} AT THE MOST WESTERLY CORNER OF THE PARCEL OF LAND DESCRIBED IN AN EASEMENT DEED RECORDED MARCH 25, 1960 IN BOOK 5164, PAGE 131, IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE ALONG NORTHWESTERLY LINE OF THE SOUTHEASTERLY 1032.8 FEET OF THE NORTHEASTERLY ONE-HALF OF LOT 1 BLOCK 12 OF IRVINE'S SUBDIVISION SOUTH 39°55'33" WEST 141.78 FEET TO THE TRUE POINT OF BEGINNING (T.P.O.B.), SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, THE RADIUS OF WHICH BEARS SOUTH 04°03'32" WEST 1270.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 102.04 FEET THROUGH A CENTRAL ANGLE OF 04°36'13" TO NORTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN A QUIT CLAIM DEED RECORDED JULY 24, 1990 AS INSTRUMENT NO. 90-388434 OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 39°55'33" WEST 11.72 FEET TO THE BEGINNING OF ANON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, THE RADIUS OF WHICH BEARS SOUTH 08°23'09" WEST 1260.00 FEET; THENCE WESTERLY ALONG SAID CURVE 102.40 FEET THROUGH A CENTRAL ANGLE OF 04°39'23" TO THE NORTHWESTERLY LINE OF SAID SOUTHEASTERLY 1032.8 FEET LOT 1 BLOCK 12 OF IRVINE'S SUBDIVISION; THENCE ALONG SAID NORTHWESTERLY LINE NORTH 39°55'33" EAST 12.37 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1,022 SQUARE FEET = 0.02 ACRES, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B", ATTACHED HERETO AND BY REFERENCE MADE A PART THEREOF. ~ ~-/o~Z.QO-v EUGENE AFFER, L.S. 4644 DATE LICENSE EXPIRES 9 ~p ._ N:13291 \00~8\surveylROW\PARCEL209-1.doc I rn rn d II ~~1Bt1' ~~8~~ SHEET 1 OF 1 PARCEL 209-1 so' P DR. NI/ I Y 1/2 Ol+ / J / m / ~ LD7 J JAL DD~C J2 D1; // T. P. 0. B. L2 1F~ ~I1N~'S SU;~D1 ~I1S1D1\1 JO' N03'43 46'E(R) S04'03'32'~R~ ~ ~~ ----- 1 ~soG~o NJ n iY1 ~/~i8 / ~ ~ ~~ti _ 'o" ~ '~S'~~FS'F / / ~o~., V ,~ 1L S ?~,c" / "A Cti PARCEL 209-1 ~ \ \ ~~~ 4 ~ ~~ / ~ / ~ti~ / / 1 INSTRUMENT / h~~~ X90-388434 O. R, Off, ,C / ~ // .C ~~ LINE TABLE LINE BEARING LENGTH L 1 S39'S5'33"W 1 1.72' L2 N39'S5'33'E 12.37' CURVE TABLE CURVE DELTA RADIUS LENGTH C1- 04'36'13" 1270.00' 102.04' C2 04'39'23" 1260.00' 102.40' ~z~_ 0 25 50 700 GRAPHIC SCALE: 1 "=50' \~~ ~ti ~~-l BOG ~\~~C ~~~~ o~ 5 OF ~ ~~ 0 _<„-~~~, K'^• A. ~~," ~, .~, ~ B~ g . ~i1R ~o a 0 I i 3 ~ o PREPARED UNDER THE DIRECTION OF ~ m °o ~.ri.~ ~ EUG A. SHAFI=ER, L.S. 4 DATE N LICENSE EXPIRES ~- ~j. ~_ i z / v'~,, 0~ Rs. 0~ ' ~~ ~1 h0 ~~ 0.'