HomeMy WebLinkAboutC.C. RES 03-111
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RESOLUTION NO. 03-11
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 1211 Edinger Avenue (APN 430-
252-08); 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 C'ode 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 ali
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;
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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do
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. o3-zz
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~:±l , 2003_, by the
following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
City Clerk
I~ORLEY, I~AI~ASHIMA, BONE, DAVERT, THOHAS
NONE
NONE
NONE
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Ao
Exhibit "A"
Appendix A
CONTENTS
Legal Description Parcel HK-1 and
Temporary Construction Easement
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PSOIVIAS
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EXmB T 'A'
LEGAL DESCRIPTION
PARCEL HK-1
THAT PORTION OF LOT 65, BLOCK 10' OF IRVINE'S SUBDIVISION, IN THE
CITY, OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN
ON THE MAP FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS ~MAPS,
RECORDS OF SAID COUNTY, MOP,.E PARTICULARLy DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHWESTE~Y LINE OF
SAID LOT 63, SAID_ LINE ALSO BEING THE CENTERLINE OF NEWPORT
AVENUE (18.288 METE~ VvqI)E), WITH THE CENTERLINE OF EDINGER
AVENUE (24.384 METERS WIDE) AS SHOWN ON THE MAP FILED IN BOOK 28,
PAGE 12 OF PARCEL MAPS, RECORDS OF SAID COUNTY; THENCE ALONG
SAID CENTERLINE OF EDINGER AVENUE sOUTH'49o20'30,, EAST
175.121 METERS; THENCE LEAVING SAID CENTER_LINE
NORTH 40°39'30'' EAST 12.192 METERS TO THE'SOUTHWESTERLY LINE OF
THE LAND DESCRIBED IN THE INSTRLrMENT RECORDED IN BOOK
PAGE 910 OF OFFICIAL RECORDS OF SAID COUNTY, BEING THE BEGINNING
OF A NON- TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A
RADIUS OF 116.693 METERS, A RADIAL LINE TO SAID BEGINNING OF CLrR~
BEARS NORTH 37°59'21'' WEST, SAID CURVE BEING THE SOUTHERLY LINE
OF TI-LiT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED TO THE
ATCHISON TOPEKA AND SANTA FE RAILROAD RECORDED'AS DOCUM]ENT
NO. 7118 IN BOOK 7078' PAGE 484 oF OFFICIAL RECORDS OF SAID COUNTY;
THENCE NORTHEASTERLY ALONG. SAID CURVE 6.255 METERs THROUGH A
CENTRAL ANGLE OF 3°04'16" TO THE NORTHEASTERLy LINE OF SAID
EDINGER AVENUE PER SAID INSTRUMENT AND THE TRUE POINT OF
.BEGINNING; THENCE ALONG SAID NORTHEASTERLY LINE
· f.'~surveysL2dok0103Lreports\legalhhk rev 8 28.doc
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SOUTH 49020'30'' EAST 120.525 METERS TO THE NORTHWESTERLY'LiNE OF
THE' LAND DESCRIBED IN THE DEED RECOPdDED IN BOOK 6025, PAGE 580
OF OFFICIAL/:LECORDS OF SAID COUNTY; THENCE NORTHEASTERLY
ALONG SAID NORTHWESTERLY LINE NORTH 40039'02 EAST 1.524'METERS;
THENCE NORTH 49°20'30" WEST' 46.730 METERS TO THE BEGINNING OF A '
CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 12.498'METERS;
THENCE NoRTHWESTERLY.ALONG SAID CURVE 2.039 METERS THROUGH A
· CENTRAL ANGLE OF 09°20'52"; THENCE NON'TANGENT TO SAID C.U'R~
NORTH 40°00'13? WEST 16.042 METERS TO TIlE BEGINNING OF A CURVE
CONCAVE SOUTHWESTERLy I-1AviNG A RADIUS OF 17.983 METERS;
THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTR.&L
ANGLE OF 09°20'53" A DISTANCE OF 2.934 METERS; TI-IENCE NORTH
49021 '06" WEST 16.772 METERS; TH]ENCE NORTH 47°20'52" WEST 18.203
METERS; THENCE NORTH 49°18'45" WEST 16.593 METERS TO A POINT ON
SAID SOUTHERLY LINE OF THE LAND DESCRIBED IN THE DEED TO TIlE
ATCHISON TOPEKA AND SANTA FE tLAIL'ROAD, A RADIAL LINE TO SAID
.POINT BEARS NORTH 32°16'49" WEST; THENCE SOUTHWESTERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 2038'20,, A DISTANCE OF
5.3?5 METERS TO THE TRUE POINT OF BEGINNING.
CONTAINING 388.5 SQUARE METERS OR 0.039 HECTARES MORE OR LEss
SEE EXI4.IBIT 'B" ATTACHED HERETO AND MADE APART HEREOF
TEMPORARY CONTRUCTION EASEMENT
A STRIP OF LA.ND 5.000 METERS WIDE, THE SOUTHWESTERLY LINE OF SAID
STRIP BEING MORE PARTICULA_P~Y DEscRIBED AS FOLLOWS:
BEGINNING AT TI-IE .INTERSECTION OF THE NORTHWESTERLY LINE OF
SAID LOT 65, SAID' LINE ALso BEING THE CENTERLINE OF NEWPORT
f:lsurveysX2dok0103/reports\legal\hk_mv_g_2g.do¢
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AVENUE (18.288 METERS WIDE), WITH THE CENTERLINE OF EDINGER
AVENLrE (24.384 METERS WIDE) AS SHOWN ON THE MAP FILED IN BOOK 28, .
PAGE 12 OF pARCEL MAPS,' RECORDS OF SAID COUNTY; THENCE ALONG
SA~D CENTERLINE OF EDINGER AVENUE SOUTH 49020'30,, EAST 173.121
METERS; THENCE LEAVING SA ~ID' CENTERLIN~ NORTH 40°39'30,, EAST
12.192 METERS TO THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED
IN THE INSTRUMENT RECORDED IN BOOK 10655, pAGE 910 OF OFFICIAL
RECOi~S OF SAID COUNTY, BEING THE BEGINNING OF A NON-TANGENT
CURVE CONCAVE SOUTHEASTERLy HAVING A RADIUS OF 116.693 METERS,
A RADIAL LINE TO SAID BEGINNING OF CURVE BEARS
NORTH 37°59'2I,, WEST, SAID CURVE BEING THE SOUTHE~Y LINE OF THAT
CERTAIN PARCEL OF LAND DESCRIBED IN'THE DEED TO THE ATCHISON
TOPEKA AND SANTA FE RA~ROAD RECORDED AS DOCUMENT NO. 7118 IN
BOOK 7078, PAGE 484 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE
NORTHEASTERLy ALONG SArD CURVE 11.629 METERS THROUGH A
CENTRAL ANGLE OF 5o42'32,, TO THE TRUE POINT OF'BEGINNING;
THENCE SOUTH 49018'45,, EAST 16.593 METERS; THENCE
SOUTH 47020'52,, EAST 18.203 METERS; THENCE SOUTH 49°21'06,, EAST
16.772 METERS TO THE BEGINNING OF A CURVE coNCAVE
SOUTHWESTERLy HAVING A P,_&D~S OF 17.983 METERS; THENCE
SOUTHEASTERLy ALONG SAID CURVE 2.934 METERS THROUGH A
CENTRAL ANGLE OF 09°20'53"; THENCE SOUTH 40o00'13" EAST
16.042 METERS TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
NORTHEASTERLY HAVING A RADIUS OF 12.498 METERS, A RADIAJ~ LINE TO
SAID BEGINSXlINo OF CURVE BEARS SOUTH 50°00'22" WEST; THENCE
SOUTHEASTERLY ALONG SAID CURVE 2.039 METERS THROUGH A
CENTRAL ANGLE OF 09°20'52"; THENCE SOUTH 49°20'30'' EAST
46.730 METERS TO THE NORTHWESTERLY LINE THE LAND DESCRIBED IN
THE DEED RECORDED IN BOOK 6025, PAGE 580 OF OFFICIAL RECORDS OF
S^rD county.
fSsurveysX2dok0103~'¢ports~tegal~hk rev 8 28.doc
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PSO $
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TILE SIDELINEs OF SAJI) STRIP SHALL BE LENGTHt~NED OR SHORTENED SO
AS TO TERMINATE NORTHWESTERLY IN THE SOUTHERLY LINE OF SAID
PARCEL OF LAND DESCRIBED IN THE DEED TO THE ATCHISON TOPEKA
· .
AND SANTA FE RAILROAD RECORDED AS DOCUME~ NO, 711 g IN BOOK
?078, PAGE 484 OF OFFICIAL RECORDS OF SAID COUNTY AND
SOUTHEASTERLY IN THE NoRTHWEsTERLY LINE OF SAID LA_ND
DESCRIBED IN THE DEED RECORDED IN BOOK 6025, PAGE 580 OF OFFICIAL
RECORDS OF SAID COUNTY. '
· .
SEE EXHIBIT 'C' ATTACHED HERETO AND MADE APART HEREOF
THIS LEGAL DESCRIPTION IS NOT INTENDED FOR USE IN THE DIVISION
AND/OR CONVEYANCE OF LAND IN VIOLATION OF TI-lB SUBDIVISION MAP
ACT OF THE STATE OF CALIFORN~.
PREPARED IZNDER THE DIRECTION OF.
WALTER A. SI-lEEK, PLS 4838
LICENSE EXPIRES 9/30/04
fSsurveysk2dok0103kreports\legalkhk rev 8 28.doc
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Sheet 4 of 4
EXHIBI'T
I! B' II
A. T, & S. F.
245
R. R.
TUST I N COIdMUNI TY
REDEVELOPMENT AGENCY
,d
RIGHT
C/~' AT&$P ~ ~ ACCEPT~
/$~Y'LY LINE LOT 54, ~LK II,
--~_ ,
OF
WAY
DEEDS OF L, A,
HERBERT KAUFMAN
S49' 20' 50"E
2~. 427m
HSB*OB'24'W
12,415m
C D~
72.16~m
42. T34m
R
M.., M., J/88
AN EASEMENT FOR GUY WIRES, ANCHORS TO
JACKSON DELUAS TRUST
SAMUEL RUSSEL I~
f~N NO. 430-252-00~
AN IRREVOCABLE OFFER TO CONVEY ~_O?THERN CALIFORNIA EOf SON
ER NST RECORDED JANUARY 21
EASEMLNT lO IHE CiTY OF' TUSItN \ IN BOOK 6892 PACE 245 ·
.~ PER iNST. RECORDED APRIL 2D t975 X "T ......"-- , O.R.
e IN BOOR 10655, PAOE 9.10, 0.~[, ~ ~ ~MeO' FTffe93099046)
~. I ITEM"g, PTR"93094 1131
R-I 7. 985m\\
L.2,934m ....... ,._
J'O~' 20' 5~~ SSO~ 00' 22"~
N4g' 18'45"W N47'ZO' - R. 2,499m
' [ HK-I ~ ~1 ~1 ,~.~
ED NOER ;t AVENUE
280. ZS4m
PER ~ ~oa/44.45
LINE / CURVE TABLE I
ACCEPT~'D AS C/I. l/er,
DESCRIPTION= PORTON OF LOT 65, BLOCK IO, IRVINE'S
SUBDIVIS DN, M.M. 1/88
CLIENT NAME~ CiTY OF TUSTIN
ADDRESS~
PSOMAS
Psomos & AssociaTes-Cos:to Mesa
Red HI, Avenue, e2SO
SHEET I OF t
SCALE NONE
DRAFTED LCM
CHECKED WAS
DATE 07/22/0Z
EXHIBIT
!1 C II
A. T. & S. F, R.R.
R I G H
C/L ~T&S~ ~ t¢/W ,4£C£PT£D AS
PER ~$g 70/30.
T OF W A
TUSTIN COI/MUNITY
REDEVELOPMENT AGENCY
HERBERT KAUFMAN
BLDBK JD
IRVJN~'D DUBDJVJDIDN
.N3Z' 16'49"W RAD.
TPOB
R-116. 693m
A'~' 42':
L'I 1,629m
~A)I:MI:.NI )(J )H~ CITY OF TuSTmN
PER INST. R~C~DED APRIL 20, 1973
f ITE~ PTR.30941 I3,
~ EASEM~HT F~ GUY WlR[S, ANCH~S TO
PER INST RECORDED JANUARY 21, {964
IN ~K ~g2, PAGE 245, O, R.
I
~*~0' 22"W t ~
I ' ~( ' II
EDINGER AVENUE
tOT, 13~m
/
PER ~ ~08/44'45
~CCEPFED 4S C/L INt.
EDIN~ & DEL
NW"L r L/NE Ol~
/8~o 60~5/5~0 O,R,
JACKSON D£LUAS TRUST
SAI/LIEL RUSSEL 19
R , 5025/580
DESCRIPTION:5.0OOm TEMPORARY CONSTRUCTION EASEMENT OVER THAT
PORTION OF LOT E, 5, BLOCK I0, IRVINE'S SUBDIVISION, M.M.
CLIENT NAME: CiTY OF TUSTIN
ADDRESS~
Psomos b Assoclotes-Cost~ Meso
3187 Red HIII Avenue, "250
SHEET I OF I
SCALE NDNE
DRAFTED LCM
CHECKED WAS
DATE 07/22/02