HomeMy WebLinkAboutC.C. RES 03-12
RESOLUTION NO. 03-12
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 (ClP 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 re-quires the acquisition of fee interests and temporary
construction easements in certain real property located at 1221 Edinger Avenue (APN 430-
252-09); 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
Resolution No. 03-12
Page 2
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, 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 ali 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, STATE OF
CALIFORNIA, finds, determines and orders as follows:
-2-
Resolution No. 03-12
Page 3
SECTION 1. The above recitations are true.
SECTION 2. The April 21, 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 continued to April 21, 2003 at which time all interested parties were
again 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-
Resolution No. 03-12
Page 4
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 21st day of April 2003
Tracy WI~ Worley
Mayor
ATTEST:
CITY CLERK
STATE OF CALi¢ORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
RESOLUTION NO. 03-12
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 21st day of April, 2003, by the
following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
City Clerk
WORLEY, KAWASHINA, BONE, DAVERT, THOMAS
NONE
NONE
NONE
Appendix A
:CONTENTS
Exhibit "A"
Legal Description Parcel 10004 (Samuel I. Russell Trust)
Exhibit "A"
Legal Description Parcel' 10004.1
Temporary Construction Easement
(Samuel I. Russell Trust)
-5-
RBF Consul ting
14725 Alton Parkway
Irvine, California 92618
EXHIBIT "A"
LEGAL DESCRIPTION
Revised July 10, 2002
JN 10-034145.06
Page 1 of I
EDINGER AVENUE
PARCEL 10004
(SAMUEL I. RUSSELL TRUST.)
That certain parcel of land situated in the City of Tustin, County of Orange, State of
California, being that portion of Lot 65, Block 10 of Irvine's Subdivision as shown on
a map thereof filed in Book 1, Page 88 of Miscellaneous Records Maps in the Office of
the County Recorder of said Orange County, included within a strip of land 1.524 meters
wide, the southwesterly line of which is described as follows:
BEGINNING at the most northerly corner of Parcel 123 as described in an Irrevocable
Offer to Convey Easement to the County of Orange, recorded January 14, 1972 in Book
9966, Page 722 of Official Records in said Office of the Orange County Recorder;
thence along the northeasterly line of said parcel-South 49°21,05' East 83.454 meters
to the southeasterly line of the land described in the Grant Deed to John M. Robertson
recorded March 2, 1962 in Book 6025, Page 580 of Official Records in said Office of the
County Recorder of Orange County;
Said strip of land shall be lengthened or shortened so as to terminate northwesterly
in the northwesterly line and southeasterly in the southeasterly line of said land of
John M. Robertson.
CONTAINING:
127.184 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, P.L.S. 5134
~.O.&
SCALE= 1:500
·
' d:~0 "0
'
EXHIBIT 'B' X
LEGAL DES¢~iPTIO~ FO~
EDi~E~ ~ ~E~UE
P~CEL l O004
(s~t L ~vss~t~ ~vsr.)
CONTAINING 12Z~02 SQUARE ~ETE~S +
SHEET I OF I SHEET
CONSULTING
REVISED JULY 10, 2002 J.N. 10-034145-6
i
~' ~FCP. S IPD,4 T,4 ~.~ l,~; ~nwP. ~ c"yt,4r~ rTCt ~,~cvnr~ nwn
RBF CONSULTING
14725 Alton Parkway
Irvine, California 92618
EXHIBIT "A"
LEGAL DESCRIPTION
Revised November. 7, 2002
October 24, 2001
JN 10-.034145.23
Page ! of 2
EDINGER AVENUE
PARCEL 10004.
TEMPORARY CONSTRUCTION EASEMENT
(SAMUEL I. RUSSELL TRUST)'
That certain parcel of land situated lin the City of Tustin, County of Orange,
State of California, being that portion of Lot 65, Block 10 of Irvine's
Subdivision as shown on a map thereof filled in Book 1, Page 88 of Miscellaneous.
Records 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
described as follows:
COMMENCING at the most easterly corner of Parcel 105 as described in an EaSement
Deed to the County of Orange, recorded March 19, 1962 in BOok 6043, Page 396 of
Official Records in said Office of the Orange County Recorder, said corner being
in the southeasterly line of the land described in the Grant Deed to John.M.
Robertson recorded March 2, 1962 in Book 6025, Page 580 of Official Records in
said Office of the Orange County Recorder;
.thence along said southeasterly line North 40°38'30'' East 4.572 meters to a line
parallel with 4..572 meter northeasteriy of' the"northeasterly line of said Parcel
106 and the TRUE POINT OF BEGINNING;
thence along said parallel line North.49°21'05'' West 39.195 meters to a point
hereinafter referred to as Point "A";
thgnce continuing along said parallel 'line.North 49°21,05'' West 44.260 meters to
the northwesterly line of said land of John M. 'Robertson.
Said strip of land shall' be lengthened or shortened southeasterly and
northwesterly so as to terminate in said southeasterly and northwesterly iines
of the land of John M. Robertson.
TOGETHER WITH a strip of land 15.657 meters wide, the southwesterly tine of which
is described as follows.
RBF Consulting
Edinger "Avenue. Parcel ' 10004.1
Temporary Construction Easement Page 2 of 2
(Samuel I.. Russell Trust)
EXIHIBIT "A"
Revised 'November 7, 2002
· October 24, 2001
JN 10-034145.23
Page 2 of 2
BEGINNING at said Point "A";
thence North 49.°21'05''' West 1.2.000 meters,
Unless otherwise noted, all bearings and distances in this description are metric
ground based 'on the 'California Coordinate System, (CCC83) Zone VI NAD 1983
(i991.35 O.C.S. GPS Adjustment)
CONTAINING: 509.438 Square Meters (5484 Square Feet) more or .less.
·
SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record.
·
'EXIHIBIT "B" attached and by this reference .made a part hereof.
5329
c,..O~
SCALE= 1'500
SKETCH TO ACCOMPANY ,4
LEGAL DESCRIPTION FOR
£D/IVGER A YENUE
PARCEL 10004. 1
TDWPORARY CONSTRUCT/ON EASEMENT
(SAIdUEL I. RUSSELL TRUST.)
CONTAINING 509.458 SOUARE ~fETERS +/-
T.P.O.B.
4. 572m
SHEET ! OF f SHEET
PLANNINI3 B D~'~ IBN Im CON
~725 ~T~ P~KWAY
~ C~A 92618-2027
LTl N G Ng.~5 · 'FAX g4g.~2~78 · ~.~om
~VIS~ NO~ 14, 2002
REVIS~ OCT~ER 24, 2002 J.N. 1~054145
~ 14 5EX021. D~