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HomeMy WebLinkAboutC.C. RES 03-15 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. 03-15 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 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 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- 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, STATE OF CALIFORNIA, finds, determines and orders as follows: SECTION 1. The above recitations are true. SECTION 2. The April 7, 2003 staff report has been read and considered along with all evidence presented at the hearing. SECTION 3. The hearing set out in the Notice of Hearing was held on April 7, 2003 at the time and place stated therein, and all interested parties were given an opportunity to be heard. The hearing was closed. SECTION 4. Based upon the evidence presented, including the staff report and all written and oral evidence presented at the hearing, this City Council by vote of two-thirds or more of its members, further FINDS, DETERMINES, DECLARES, AND RESOLVES each of the following: a. The public interest and necessity require the proposed Project. b, The proposed Project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury.. c. The property described in Appendix A is necessary for the proposed Project. d, The offer required by Government Code Section 7267.2(a), together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record, which offer and accompanying statement/summary were in a form and contained all of the factual disclosures provided by Government Code Section 7267.2(a). SECTION 5. All conditions and statutory requirements necessary to exercise the power of eminent domain ("the right to take") to acquire the property described herein have been complied with by City. SECTION 6. The City Attorney or Special Legal Counsel, Hahn & Hahn, is hereby AUTHORIZED and EMPOWERED: ao To acquire in the name of City, by condemnation, the property described in Appendix A, in accordance with the provisions of the California Eminent Domain Law and the California Constitution; bo To acquire the property in fee simple absolute unless a lesser estate is described in Appendix A; 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- 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 8 ATTEST: 9 P~E'LA S ~O~KE R -- 11 CITY CLERK 12 13 STATE OF CALIFORNIA ) 14 COUNTY OF ORANGE ) CITY OF TUSTIN ) 15 RESOLUTION NO. o3-15 16 17 18 19 2O 21 COUNClLMEMBER AYES: COUNClLMEMBER NOES: 22 COUNClLMEMBER ABSTAINED: 23 COUNClLMEMBER ABSENT: 25 PAMELA STOKER 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 7~:t~ day of ,~p~:±l , 200_:~ by the following vote: 26 27 28 City Clerk ~ORLEY, KA~ASHINA, BONE, DAVERT, THOI~S.S NONE NONE NONE -4- 1 2 3 4 5 6 7 8 9 10 11 12 13' 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Ao B, 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 OESCRIPTION Revised June 5, 2002 August 31, 1999 JN 10-034145.13 Page 1 of 4 EDINGER AVENUE PARCEL 10010 (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 6.6, Block 10 of Irvine's Subdivision as shown on a map thereof filed in Book 1, Page 88 of Miscellaneous Records Map's 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°2t'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 inI 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 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 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 Consul ting Edinger Avenue Parcel 10010 (Mull in Lumber Co.) EXHIBIT "A" Revised June 5, 2002 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 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 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 38050'27'' East 7.017 meters; thence South 49°21'05" East 36.8'90 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 Consul ti ng Edinger Avenue Parcel 10010 (Mullin Lumber Co.) EXHIBIT "A" Revised June 5, 2002 August 31, 1999 JN 10-034145.13 Page 3 of 4 thence South 85038'55'' 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 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 c_entral 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 85038'55'' 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 49°21'05'' West 14.095 meters; thence South 85038'55" West 6.033 meters to a point in said northwesterly line of the RBF Consulting Edi nger Avenue Parcel 10010 (Mul 1 in Lumber Co.) EXHIBIT "A" Revised June 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 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 Y LINE OF A PARCEL OF LAND ?ER O.R. ~o~/~ %. /o':' :' SCALE= 1:500 EXHIBIT SKETCH TO A¢CO~(PANY A LEGAL DESCRIPTION FOR EDINGER A VENUE PARCEL 1001o (~ULLIN LU~(BER CO.,) CONTAINING 6~0.925 SQUARE ~tETERS + I SHEET I ~ ~ ~AY A~T 31, 1999 I 1 I c~ r~) SCALE= 1:500 SKETCH TO ACOOVPANY A LEGAL DESCRIPTION FOR EDINGER AVENUE PARCEL 10010 (~U~L/~ LU~er~ CO.) CONTAINING 610.925 SOUARE t,(ETERS + 19JOin ~ 2. '~' ~0. c¢~"~°. ' N~5'58 '50"E .~~ SHEET 2 OF 2 SHEETS ~~ A~T S 1, 1999 J.N. I~ 145. ~ ~5 [PDA TA [54 t45[DWG~XHJBITS[ 14~017. D~ RBF CONSULT'I'NG 14725 A1 ton Parkway. Irvine, .Cali fornia' 92618 LEGAL DESCRIPTION Revised November 7., 2002 October 24, 2001 EXliIBIT "A" ON 10'034145.19 Page 1-of 4 EDINGER AVENUE · PARCEL 10010.! · TEMPORARY CONSTRUCTION EASEMENT (MULLIN LUMBER 'CO.) That certain parcel of land situated in the Ci·ty.of Tustin, County of Orange, State of California, being that portion of Lot·66, Block 10 of ~rvine's Subdivision as shown on a·map thereof filed in Book 1, Page 88 of M~scellaneous Records Maps in the Office of the County Recorder of said Orange County, .included within a strip of land 4.500 meters wide, t'he general southwesterly line of whiclh i s descri bed as ¥ol 1 ows: _ COMMENCING at' the intersection of the northwesterly line of the land described in' the Grant Deed to Mull in Lumber Co. recorded October 2, 1'959, 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 1.ine South 49°21'05'' East 5.711 meters to a point on a non-tangent' curve therein, concave northwesteriy and having a radius of'5.892 meters, a radial line of said curve from.said point bears North I4°39'59" West; thence continuing .along said northeas.terly 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 49021'05'' East; thence along said curve southwesterly 3.567 meters through a central angle of 34o41,06,,; 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 (Mull in Lumber Co.) Revised .November 7, 2002 October 24, 2001. " 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 14039'59'' 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 t0.772 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 angl.e of. 41°07' 08"; thence radial.ly from said curve' South 49°21".05i' East 9.552 meters to a point on a non-tangent curve concave southeasterly and having a radius of 6.1'97 mete6s, 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 35028' 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 85038"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 ,met ers"; 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 49021'05'' East 36.890 meters"; RBF Consulting Edinger. Avenue Parcel loolo.1 Temporary Construction Easement (Mul 1 i n Lumber Co..) EXX.IBIT "A" Revised November 7, 2002 October 24, 2001' JN 10-034145.19 Page 3 of 4 *thence along said parallel 'line Nort'h 49°21'05. West 37.365 meters; thence North 04021,05'' 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 6f 12.497 meters, a r. adial 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 21030, 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 s~aid 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°2!'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°2I'05'' East 55.943 meters"; .RBF Consulting Edi nger Avenue Parcel :LO010.1. Temporary Consl~ruction Easement (Mull J n Lumber Co.) Revised November 7, 2002 October 24, 2001 ~IN 10-034145. !9 Page.4 o'f 4 EXHIBIT "A" .. thence along said parallel line North 49°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 '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 iso '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 descripti, on are metric ground based on the CalifO'rnia 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. Y LINE OF A PARCEL . .OF LAND PER O.R. :909/154 ' .% XHIBIT SKETCH TO ACCOt, iPANY A LEOAL DESCRIPTION" FOR ED~NGER A VENUE PARCEL ~ 00 ~ 0. ! TEtdPORARY ¢ONSTRUOT/ON EASEIWENT~ (I~ULLtN LUWBER CO.) CONTAINING 1051. ~4£ SQUARE IffETERS +/- SCALE= 1:500 / I %%.: · SHEET ~ OF 2 SHEETS ~ 1472.E, ALTON PAR~WAY ~ CAL.~ 92618-2027 I~ CI N ~ U LTl N G ~,g.47~os REVISED IVO~ 7, 2002 OCTOBER 24, 2001 J.N. 10-054145 10054 145 / I I I N84 °50 'O$'7 I ~ SCALE= 1:500 PO/.. 10010 EXHIBIT SKETCN TO ACOOIWP,4NY ,4 LEG,4L DESCRIPTION FOR EDINGER A VENUE PARCEL 10010. 1 TEIdPO£ARY OONST£UCTION EASEk,IENT (kIULLIN LUkIBER CO.) CONTAINING 1051.149 SOUARE tWETERS SHEET 2 OF 2 SHEETS PLANNINg II r~£s I r',l N · : C3 N laTRU C:TI D N 14725 ALT~I PARKWAY IFMNE, CAI.IFOF~A 928'B-2027 949.47~5 · FAX 94g..472.8373 · www. RB=.cocn CONSULTING R~VISED NOVEflBER 14, 2002 OCTOBER 24, 2001 J.N. 10-054t45 H: IPDA TA 110054145.851D~/GEXI-t£BI TSI TGE1145EX051.DY/8