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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
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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, 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.
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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.
do
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;
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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. 03-13
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 Ap~:±]. , 200_3, by the
following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
WORLEY, KAWASHIMA, BONE, DAVERT, THOMAS
NONE
NOlq]~
NOlq]E
~¢'A~iI~LA STOKER
City Clerk
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Ao
Bo
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, WZLLIAM FROST & ASSOCIATES
14725 Alton Parkway
Irvine, California g2618
EXNIBIT "A"
LEGAL DESCRIPTION
August 31, 1999
JN 10-034145.05
Page 1 of.1
EDINGER AVENUE
PARCEL' ~.0005
(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 Naps 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 C~operative 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.
EXXIBIT "B" attached and by this reference made a part hereof
LS ~l~) ' Keri n . S. 6310
PU. 5£0,
/_cOT
NJT'OJ'OS"Y/ ~_AD_~_., 5//
EXHIBIT 'B' "
· ,..'~,.
SKB'TCH TO ,4CCO~?,4NY ,,4
LEGAL D£$ONIP[ION
EDINGER A VENUE
PARCEL 10005
,55
?cj...
/
559r__.9,
55
· ,,~LE= I '5OO
·
SHEE[ I OF I SHEETS
AUb~T $I, I999 J.N.
RBF CONSULTING
14725 Alton Parkway
Irvine, California g2618
EXNIBIT "A"
LEGAL DESCRIPTION
Revised November 7, 2002
October 24, 2001
JN 10-034145.24
Page I of I
EDINGER AVENUE
PARCEL 10005.1
TEMPORARY CONSTRUCT:ION 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, 196i, 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
Adj us tment)
SUBJECT TO all Covenants, Rights, Rights-of-WaY and Easements of Record.
EXHIBIT "B" attached and by this reference made a part hereof.
~J°hn W~Pfeifer, L\.S~ 5329
\\ \ F'Xp, 12-~l,200~ l /I
CA 1:500
EXHIBIT
SKE[CH TO ACCOtffPANY A
LEGAL DESCRIPTION FOR
EDINGER AVENUE
PARCEL 10005.1
TEMPORARY CONSTRUCT/ON EASEMENT
(GEORGE Y. YOUNG ET AL)
CONTAININg 147.607 SQUARE METERS
SHEET I OF [ SHEET
14725 ALTON PAR~(WAY
IRVaCE. CAL.F'ORNIA 92618-2027
949.472.3505 · FAX 9.49.47Zli373 · www.RBl=..com
J.N. 10-034145
145EXO22. Dtf~