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HomeMy WebLinkAbout10 PARCEL ACQUISITIONS 07-07-03AGENDA REPORT Agenda Item Reviewed: City Manager Finance Director IO MEETING DATE: JULY 7, 2003 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION APPROVAL OF THE RESOLUTIONS OF NECESSITY FOR THE ACQUISITION OF PARCELS APN 500-102-02, APN 401-283-02 AND APN 401-283-11 FOR THE IRVINE BOULEVARD/NEWPORT AVENUE INTERSECTION ENHANCEMENT PROJECT (CIP NO. 7118) SUMMARY The proposed resolutions will authorize Legal Counsel to acquire property by condemnation for the Irvine Boulevard/Newport Avenue Intersection Enhancement Project. In order to construct this project, partial acquisition of land from the following properties is required: Assessor Parcel Current Number (APN) Owner LocatJQQ ~ 500-102-02 401-283-02 401-283-11 Pan Pacific Retail Properties, Inc. Raymond J. Larson, Jr. Frances D. Larson, Trustee 1078- 1222 Irvine Blvd. 18356 Irvine Blvd. 18302 Irvine Blvd. Commercial Commercial Commercial The. City and the property owners entered into a Purchase Agreement for each property in question. Escrow has been open for each of these three properties for a significant period of time, but the owners have defaulted on their obligations to provide clear title and in order to acquire the needed property in a timely manner the Resolutions of Necessity need to be adopted. RECOMMENDATION It is recommended that the City Council adopt each resolution by a four-fifths (4~5) vote 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 described below, and to obtain immediate possession, thereof, for the Irvine Boulevard/Newport Avenue Intersection Enhancement Project and declaring the public convenience and necessity thereof. The resolutions recommended for adoption and the corresponding properties are as follows: Re.~nlutidn Nd_ 03-82 03-84 03-85 Aggeggdr Parcel Number (APNI 500-102-02 (Pan Pacific) 401-283-02 (Raymond J. Larson, Jr.) 401-283-11 (Frances D. Larson, Trustee) Approval of the Resolutions of Necessity for the Acquisition of Parcels APN 500-102-02, APN 401-283-02 and APN 401-283-11 for the Irvine Blvd./Newport Ave. Intersection Enhancement Project July 7, 2003 Page 2 FISCAL IMPACT The Irvine Boulevard/Newport Avenue Intersection Enhancement Project (CIP No. 7118) is included in the City's FY 2002-03 Capital Improvement Program Budget. Right-of-way acquisition funds for this project consist of Measure "M" Competitive Funds, Measure "M" Turnback Funds, Tustin-Santa Ana Improvement Authority Funds and Proposition 111 Gas Tax Funds. Adoption of the Resolution s of Necessity will authorize the City to post a deposit of $132,363 for right-of-way acquisition of a portion of Assessor Parcel Nos. 500-102-02, 401-283-02, and 401-283-11 plus the cost of legal counsel for the eminent domain process. BACKGROUND The Irvine Boulevard/Newport Avenue Intersection Enhancement Project proposes to widen the intersection of Irvine Boulevard and Newport Avenue and both arterials beyond the intersections in the City of Tustin. The limits of the widening on Irvine Boulevard are from the west side of Holt Avenue to 100 feet east of Elizabeth Way, and on Newport Avenue from First Street to Wass Street. On Irvine Boulevard the improvements will include three through lanes in each direction with double left turn lanes in each direction at Newport Avenue. On Newport Avenue, the improvements will include three through lanes in each direction between Holt Avenue and the north side of Old Irvine Boulevard. Double left turn lanes will be provided for southbound Newport Avenue at Old Irvine Boulevard and for northbound Newport Avenue at Holt Avenue. Both roadways will also be resurfaced, drainage improvements will be constructed at the intersection of Irvine Boulevard and Old Irvine Boulevard, and raised median landscape and hardscape improvements will be constructed on both roadways. In order to construct the improvements, right-of-way is required from fourteen (14) properties in the form of acquisitions. Offer letters have been presented to owners of the property interests for all 14 properties. To date, five properties are in the eminent domain process, one property is still in negotiations, three properties have closed escrow, and five properties are in escrow including the subject properties owned by Pan Pacific Retail Properties, Inc., Raymond J. Larson Jr., and Frances D. Larson, Trustee. The Purchase Agreement with Pan Pacific Retail Properties, Inc. was approved by the City Council on December 2, 2002 and escrow was opened on December 5, 2002. The Purchase Agreement with Raymond J. Larson, Jr. was approved by the City Council on May 6, 2002 and escrow was opened on May 13, 2002. The Purchase Agreement with Frances D. Larson was approved by the City Council on August 5, 2003 and escrow was opened on August 9, 2002. However, to date, the three property owners have been unable to provide clear title to the property needed to construct the Irvine Boulevard/Newport Avenue Intersection Enhancement Project. Therefore, in order to obtain the needed property in a timely manner, it is necessary for the City to proceed with the eminent domain process. A. The public interest and necessity require the project. The public interest and necessity require the project for the following reasons: 1. The intersection widening project will improve traffic circulation and congestion by providing additional roadway capacity. , The intersection widening will improve the Level of Service (LOS) at the intersection. This will bring the intersection of Irvine Boulevard and Newport Avenue into conformance with the Orange County Growth Management Plan (GMP). This is an important objective since conformity to the GMP allows the City of Tustin to continue to receive Measure "M" Turnback and Competitive Funds. Approval of the Resolutions of Necessity for the Acquisition of Parcels APN 500-102-02, APN 401-283-02 and APN 401-283-11 for the Irvine Blvd./Newport Ave. Intersection Enhancement Project July 7, 2003 Page 3 3. The intersection widening brings Irvine Boulevard into conformity with the Orange County Master Plan of Arterial Highways. 4. The intersection widening will bring Irvine Boulevard and Newport Avenue into conformity with the City of Tustin's Circulation Element of the General Plan. , The project will connect the existing on-street bike lanes in the County of Orange with the existing off-road bike trail in the City and bring Newport Avenue into conformity with the City of Tustin's Master Bikeway Plan north of El Camino Real and the Orange County Commuter Bikeways Strategic Plan. It is recommended based upon the above evidence that the City Council find and determine that the public interest and necessity require the project. Bo The proposed project is planned and located in the manner that will be the most compatible with the greatest public good and least private injury. This project was cleared environmentally through preparation of a Mitigated Negative Declaration. The Mitigated Negative Declaration for the Irvine Boulevard/Newport Avenue Intersection Enhancement Project was approved by the Tustin City Council on November 1, 1999 and the Notice of Determination was recorded in the office of the Orange County Recorder on November 10, 1999. The City's Engineering Consultant worked closely with the City's Right-of-way Consultant and several affected property owners to minimize acquisitions and to create local traffic circulation enhancements. Assessor Parcel No. 500-102-02 is currently improved with several one-story retail buildings, a full service restaurant and supporting yard improvements, all of which comprise a neighborhood retail center. None of the buildings will be impacted by the proposed acquisition for the intersection enhancement at Irvine Boulevard/Newport Avenue. Improvements being acquired include landscaping consisting of shrubs, mature trees and ground cover, sprinkler heads, a section of asphalt concrete paving and twenty-eight parking spaces. After the acquisition it will be necessary to replace parking spaces lost as outlined in the Final Mitigated Negative Declaration. The project contractor will also replace landscaping consisting of shrubs, trees and ground cover, sprinkler heads and transition new asphalt paving with the remaining existing asphalt paving. Assessor Parcel No. 401-283-02 is currently improved with a two story commercial building of mixed construction and supporting yard improvements. The building will not be impacted by the proposed acquisition for the intersection enhancement at Irvine Boulevard/Newport Avenue. Improvements being acquired include grass landscaping, sprinkler heads, a section of concrete sidewalk and curb, a section of concrete driveway and some decorative rocks, and a metal drain gate. The project contractor will replace all improvements noted above and reconfigure any irrigation equipment located in the acquisition area. Assessor Parcel No. 401-283-11 is currently improved with a three-story steel frame, brick and glass building and supporting yard improvements. The building will not be impacted by the proposed acquisition for the intersection enhancement at Irvine Boulevard/Newport Avenue. Improvements being acquired include landscaping consisting of grass and flowers, an approximately fifteen foot long by four foot high monument sign of masonry and metal construction and a subterranean telephone vault with metal doors at ground level. The project contractor will relocate the monument sign and reconfigure any irrigation equipment located in the acquisition area. The telephone vault will be relocated by others at no cost to the City. Approval of the Resolutions of Necessity for the Acquisition of Parcels APN 500-102-02, APN 401-283-02 and APN 401-283-11 for the Irvine Blvd./Newport Ave. Intersection Enhancement Project July 7, 2003 Page 4 It is recommended that, based upon the foregoing, the City Council find and determine that the project is located in the manner that will be most compatible with the greatest public good and the least private injury. C. The subject property interests are necessary for the proposed project. For parcels 500-102-02 (Pan Pacific Retail Properties, Inc.), 401-283-02 (Raymond J. Larson, Jr.), and 401-283-11 (Frances D. Larson, Trustee) the construction of the Irvine Boulevard/Newport Avenue Intersection Enhancement Project necessitates acquisition of a portion of each property. All properties are depicted on Exhibit B attached to the individual Resolutions of Necessity. Right-of- way documentation in the form of a legal description is attached as Exhibit A to the individual Resolutions of Necessity. The resolution number corresponding to each property is as follows: Resolution No. 03-82 03-84 03-85 Assessor Parcel Number (APN) 500-102-02 (Pan Pacific) 401-283-02 (Raymond J. Larson, Jr.) 401-283-11 (Frances D. Larson, Trustee) D. Offers were made in compliance with Government Code Section 7267.2. California Code of Civil Procedure Section 1245.230 requires that a Resolution of Necessity contain a declaration that the governing body has found and determined that either the offer required by Section 7267.2 of the California Government Code has been made to the owners of record or that the offer has not been made because the owner cannot be located with reasonable diligence. California Government Code Section 7267.2 requires that an offer be made to the owner or owners of record and in an amount which the agency believes to be just compensation. The amount must not be less than the agency's approved appraisal of the fair market value of the property. In addition, the agency is required to provide the owner (s) with a written statement of, and summary of the basis for, the amount it established as just compensation. City staff and the City Council have taken the following actions as required by California law for the acquisition of the subject properties: 1. Obtained an appraisal to determine the fair market value of each property. . Reviewed and approved the appraisal, and established just compensation in an amount not less than the approved appraisal. 3. Determined the owner of each property by examining the County Assessor's records. . Made a written statutory offer to each property owner for the full amount of just compensation, which was not less than the approved appraised amount. Approval of the Resolutions of Necessity for the Acquisition of Parcels APN 500-102-02, APN 401-283-02 and APN 401-283-11 for the Irvine Blvd./Newport Ave. Intersection Enhancement Project July 7, 2003 Page 5 E, Each property owner was notified of the proposed adoption of the Resolution of Necessity and of the Right to be Heard. California Code of Civil Procedure Section 1245.235 requires that a property owner be provided notice of the proposed adoption of a Resolution of Necessity and of the Right to be Heard. By letters dated June 10, 2003 and June 16, 2003, City staff notified the property owners of these rights. Copies of these letters are attached as Exhibit C. The individual property owner has 15 days to file a request with the City Clerk to speak on July 7, 2003. Staff shall inform the City Council on July 7, 2003 if any such request was timely filed. Based on the evidence provided above, and testimony received at the hearing, it is recommended that the City Council adopt each of the Resolutions of Necessity described below authorizing and directing the City Attorney and/or Special Legal Counsel to acquire by condemnation certain real property interests as follow: Resolution No. 03-82 03-84 03-85 Assessor Parcel Number (APN) 500-102-02 (Pan Pacific) 401-283-02 (Raymond J. Larson, Jr.) 401-283-11 (Frances D. Larson, Trustee) and to obtain immediate possession, thereof, for the Irvine Boulevard/Newport Avenue Intersection Enhancement Project and declaring the public convenience and necessity thereof. Tim D. Serlet Director of Public Works/City Engineer Dana R. Kasdan ~ Engineering Services Manager TDS:DRK:ccg:Approval of Reso of Necessity Irvine/Newport memo 2.doc. Attachment: Resolutions of Necessity Appendix A to the Resolutions of Necessity Notice of Intent to Adopt Resolution of Necessity Appendix A to the Resolution of Necessity Notice of Intent to Adopt For Pan Pacific Retail Properties, Inc. 1078 -1222 Irvine Blvd. APN 500-102-02 Resolution No. 03-82 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. 03-82 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 1078-1222 Irvine Boulevard (APN 500-102-02); 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 south side of Irvine Boulevard east of Newport 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, a summary of the basis for the amount established as just compensation and an appraised summary statement 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 December 9, 2002, the .Planning Commission of City, pursuant to the provisions of the Government Code, Section 65402, found that the proposed location, purpose, and extent of the project is consistent with the City's General Plan; and WHEREAS, on NoVember 1, 1999 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 November 10, 1999 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 June 10., 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. 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 July 7, 2003 staff report has been read and considered along with all evidence presented at the hearing. -2- 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 SECTION 3. The hearing set out in the Notice of Hearing was held on July 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; 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; 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. -3- 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 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin on the 7th day of July 2003 ATTEST: Tracy Wills Worley Mayor PAMELA STOKER CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) RESOLUTION NO. 03-82 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 day of , 2003, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk -4- 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 1 2 A. B. Exhibit "A" Exhibit "A" Appendix A CONTENTS Legal Description Parcel 108-1 Legal Description Parcel 208-1 Temporary Construction Easement -5- EXHTBZI' "A' PARCEL 108-1 THAT PORTION OF THE NORTHEASTERLY ONE-HALF OF LOT 1 IN BLOCK 12 OF IRVINE'S SUBDIVISION, IN THE CITY OF TUSTIN,'COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK I AT PAGE 88 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGZNNZNG (P.O.B.) AT A POINT ON THE SOUTHERLY LINE OF PARCEL A AS DESCRIBED IN AN EASEMENT DEED RECORDED 3ULY 29, 1959 IN BOOK 4817 AT PAGES 522 IN THE OFFICE OF THE RECORDER OF SAID COUNTY, SAID POINT ALSO BEING THE BEGINNING OF A CURVE, CONCAVE SOUTHWESTERLY, THE RADIUS OF WHICH BEARS SOUTH 00°01'21'' EAST 1150.00 FEET, SAID CURVE IS 50.00 FEET SOUTHERLY AND CONCENTRIC WITH THE CURVE HAVING A RADIUS OF 1200.00 FEET. IN THE SAID EASEMENT DEED; THENCE EASTERLY ALONG SAID CURVE 300.89 FEET THROUGH A CENTRAL ANGLE OF '14°59'28'' TO THE NORTHWESTERLY CORNER OF THE LAND DESCRIBED IN A DOCUMENT RECORDED SEPTEMBER 18, 1987 AS INSTRUMENT NO. 87-528595 OF OFFICIAL RECORDS, SAID POINT ALSO BEING THE BEGINNING OF A COMPOUND CURVE, CONCAVE SOUTHWESTERLY, THE RADIUS OF WHICH BEARS SOUTH 14058'07'' WEST 11.83 FEET; THENCE SOUTHERLY ALONG SAID CURVE AND ALONG THE WESTERLY LINE OF SAID INSTRUMENT NUMBER 87-528595, 18.81 FEET THROUGH A CENTRAL ANGLE OF 91°07'16'' TO A. NONTANGENT CURVE, CONCAVE SOUTHWESTERLY, THE RADIUS OF WHICH BEARS SOUTH 15033'50'' WEST 1138.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 1.98 FEET THROUGH A CENTRAL ANGLE OF 00005'59'' TO A NONTANGENT CURVE, CONCAVE NORTHWESTERLY, THE RADIUS OF WHICH BEARS NORTH 74°37'19" WEST 41.75 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE 22.76 FEET THROUGH A CENTRAL ANGLE OF' 31013'48"; THENCE NORTH 43°23'31'' WEST 9.10 FEET; THENCE NORTH 15050'40'' WEST 21.95 FEET TO THE BEGINNING OF A NON-TANGENT CURVE SAID CURVE IS CONCENTRIC WlTH AND 10.00 FEET SOUTHERLY OF THE SOUTHERLY LINE OF SAID PARCEL A, FROM WHICH POINT THE RADIUS OF SAID CURVE BEARS SOUTH 14023'45'' WEST 1140.00 FEET; THENCE WESTERLY ALONG SAID CURVE 286.88 FEET THROUGH A CENTRAL ANGLE OF 14°25'06"; THENCE SOUTH 89058'39'' WEST 15.79 FEET TO THE NORTHWESTERLY LINE OF THE SOUTHEASTERLY 1032.80 FEET OF SAID NORTHEASTERLY ONE-HALF OF LOT 1; ,THENCE ALONG SAID NORTHWESTERLY LINE, NORTH 39055'33'' EAST 13.04 FEET TO A POINT ON SAID SOUTHERLY LINE OF PARCEL A; THENCE ALONG SAID SOUTHERLY LINE NORTH 89058'39'' EAST 7.41 FEET TO THE PO'rNT OF BEGZNNTNG. CONTAINING 3,571 SQUARE FEET = 0.08 ACRES, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B', A'I-FACHED HERETO AND BY REFERENCE MADE A PART THEREOF. DATE EXHIBIT "B" PARCEL 108-1 SHEET 1 OF 1 LINE TABLE LINE BEARING LENGTH LI('R) N43'23'31"W 9.10' L2 N15'50'40"W 21.95' L5 S89'58'39"W 15.79' L4 N39'55 '.%~"E L5 NBg'55'39 "E 7. 41' O.B. "-'----5 PARCEL 108- , .... W,R~ '/~ s15'33'5o' J N74.37' lr'~RL ~ . / / / O.R 87-5~8595 0 5O 60 12O GRAPHIC SCALE: 1"=60' AREA SQ. FEE-r I ACRES SQ. METERS 3,563f 0.08 ASk Consulting Engineers 16241 LAGUNA GYN. RD. SUITE 2OO IRVlNE, CA 92618 (949) 727-7099 FAX:(949) 727-7097 CURVE 'TABLE CURVE DEL TA RADIUS LENGTH C1 91'07'16" I 1.83' 18.81' C2 00'05 '59" 1138. 00' 1.98' CZ Z 1' 13 '48" 41.75' 22. 76' PREPARED UNDER THE DIRECTION OF. LICENSE EXPIRES 09/36'/,L"~1~02 EXHIBTT "A' PARCEL 208-1 TEMPORARY CONSTRUCTION EASEMENT THAT PORT[ON OF THE NORTHEASTERLY ONE-HALF OF LOT 1 IN BLOCK 12 OF IRV[NE'S SUBDIVISION, IN THE cTrY OF TUS-T~N, COUNTY OF ORANGE, STATE OF CAI TFORNIA, AS SHOWN ON MAP RECORDED IN BOOK i AT PAGE 88 OF MISCELLANEOUS .MAPS IN THE OFF[CE OF THE RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING (P.O.C.) AT A POINT ON THE SOUTHERLY LINE OF PARCEL A AS DESCP~BED IN AN EASEMENT DEED RECORDED JULY 29, 1959 IN BOOK 4817 AT PAGE 522 IN THE OFF[CE OF THE RECORDER OF SAID COUNTY, S~D POINT ALSO BEING THE BEGINNING OF A CURVE,. CONCAVE SOUTHWESTERLY, THE RADIUS OF WHICH- BEARS SOUTH 00°01'21'' EAST 1150.00 FEET, S/LtD CURVE IS 50.00 FEET SOUTHERLY AND CONCENT~C WTI'H THE CURVE HAVING .A RADIUS OF 1200.00 FEET IN S~D EASEMENT DEED; THENCE 'ALONG S~D SOUTHERLY LINE SOUTH 89°58'39" WEST 7.41 FEET TO THE NORTHWES-FERLY ITNE OF THE SOUTHEASTERLY 1032.80 FEET OF SAID NORTHEASTERLY ONE-HALF OF LOT 1; THENCE ALONG SAID NORTHWESTERLY ITNE SOUTH 39055'33" WEST 13.04 FEET TO THE TRUE POTNT OF BEGZNNI'NG (T.P.O.B.); THENCE LEAVING S/LTD I./NE NORTH 89058'39'' EAST 15.79 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY AND HAV[NG A RADIUS OF 1140.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 286.88 FEET THROUGH A CENTRAL ANGLE OF 14025'06"; THENCE SOUTH 15050'40'' EAST 21.95 .FEET; THENCE SOUTH' 43°23'31" EAST 9.10 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE NORTHWESTERLY, THE RADIUS OF WHICH BEARS NORTH 43°23'31'' WEST 41.75 FEET; THENCE NORTHERLY ALONG S~D CURVE 22.76 FEET THROUGH A CENTRAL ANGLE OF 31013'48'' TO A POINT IN THE SOUTHWESTERLY ITNE OF THE PARCEL DESCRIBED IN A DOCUMENT RECORDED SEPTEMBER 18, 1987 AS INSTRUMENT NO. 87-528595 OF OFFICIAL RECORDS OF SA~D COUNTY SA~D LiNE BEING A CURVE CONCAVE SOUTHWESTERLY, HAV[NG A RADIUS OF 1138.00 FEET AND A LENGTH OF 54.17, THE RADIUS OF WHICH BEARS SOUTH 15039'49'' WEST 1138.00 FEET FROM SA~D POINT; THENCE SOUTHEASTERLY ALONG S/LID CURVE 10.00 FEET THROUGH A CENTRAL ANGLE OF 00°30'12'' TO A NONTANGENT CURVE, CONCAVE NORTHWESTERLY, THE RADIUS OF WHICH BEARS NORTH 74031'05'' WEST 51.75 FEET; THENCE SOUTHWESTERLY ALONG SAiD CURVE 38.18 FEET THROUGH A CENTRAL ANGLE OF 42016'06"; THENCE NORTH 43°23'31'' 'WEST 20.58 FEET; THENCE NORTH 15050'40'' WEST 18.64 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, THE RADIUS OF WHICH BEARS SOUTH 14°06'18'' WEST 1130.00 FEET; THENCE WESTERLY ALONG SAID CURVE 278.63 FEET THROUGH A CENTRAL ANGLE OF 14007'39"; THENCE SOUTH 89058'39'' WEST 24.17 FEET TO S~D NORTHWESTERLY ITNE OF THE SOUTHEASTERLY 1032.80 FEET OF S~D LOT THENCE NORTH 39055'33'' EAST 13.04 FEET ALONG S/LID ITNE TO THE TRUE POINT OF BEGINNING. (CONTINUED) Page ] 0£2 (EXHIBIT "A" CONTINUED) CONTAINING 3,685 SQUARE FEET = 0.08 ACRES, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "R"_ ,. A-FFACHED HERETO AND BY REFERENCE MADE A PART THEREOF. I~LI-GEiI~L:~A."SHAFFER, L.'.~. 4~f:~//~ LICENSE EXPIRES SEPTEt,'2002 Page 2 of 2 LINE TABLE L/NE BEARING LENGTH L 1 S89'58'~9 "W Z. 41' L2 S59'55 '35"W 13. 04' L,.3 N89'58 '39 'T 15. 79' L4 S15"50'40"E 21.95' L5(R) S4Z,'23'3 I "E 9.1 O' L6 N43"25'31"W 20.,58' -L7 NI5'50'40"W 18.64' LB S89'58'59"W 24. 17' L9 N,.39"55'33"E 1,3.04' z'_ C-b '-'"' EXHIBIT "B" PARCEL 208-1 I rT.P.O.B. 1 10' 1o' o,1 cq > PARCEL 208-1 --1 0 ~ . --1 B., Q .:. / /- "- /_.7 t/_~ ~/.,o,,... ,. /,...,,.~ ~~O.R. ~f/7-$28595 0 3O 60 '12O GRAPHIC SCALE: 1"=60' AREA SO.3,68,sFEET ACRESo.08 SQ. METERS ASLConsulting Engineers 16241 LAGUNA CYN. RD. SUITE 200 IRVINE,CA 92618 ,(949) 727-7099 FAX:(949) 72'7-7097 SHEET.1 OF 1 CURVE TABLE ' CURVE DEL TA RADIUS LENGTH C 1 31' 13'48" 4 I. 75' 22. 76' C2 00'30'12" 1 I38.00' 10.00' C3 42' 16 '06" 51.75' 38. 18' PREPARED UNDER THE DIRECTION OE EUGENE A. SHAF, ER ? ,/' L.S. 4644 LICENSE EXPIRES 09/30/2002 Office of the City Manager June 10, 2003 City of Tustin 300 Centennial Way Tustin, CA 92780 714.573.3010 FAX 714.838.1602 Pan Pacific Retail Properties, Inc. CIO Marl-Jo Porter 1631-B South Melrose Drive Vista, CA 92083-2405 Re: Notice of Hearing Regarding Adoption of a Resolution of Necessity to Acquire Property by Eminent Domain [California Code of Civil Procedure 1245.235] Irvine Boulevard/Newport Avenue Intersection Enhancement Project (CIP 7118) Property: 1078-1222 Irvine Boulevard Dear Property Owner: 1. Notice of the Intent of Tustin City Council to Adopt a Resolution of Necessity. The City Council intends to consider the adoption of a Resolution of Necessity on July 7, 2003 that, if adopted, will authorize the City of Tustin ("City") to acquire the property described herein by eminent domain for the Irvine Boulevard/Newport Avenue Intersection Enhancement Project (CIP 7118). A description of the property being considered for acquisition marked Appendix A accompanies the proposed Resolution of Necessity, attached to this Notice as Exhibit A (which property shall be referred to herein as the Property). 2. Notice of Your Right to Appear and be Heard. Please take notice that the City Council of City, at a regular meeting to be held on Monday, July 7, 2003 at 7:00 p.m. or as soon thereafter as the matter may be heard, at 300 Centennial Way, Council Chambers, Tustin, California, will hold a hearing on whether such a Resolution of Necessity should be adopted, as required by California Code of Civil Procedure section 1245.220 for the commencement of an eminent domain proceeding to acquire real property. You have a right to appear and be heard before the City Council at the above scheduled hearing on the following matters and issues, and to have the City Council give judicious consideration to your testimony prior to deciding whether or not to adopt the proposed Resolution of Necessity. a. Whether the public interest and necessity require the proposed project; Interstate Properties Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by Eminent Domain June 10, 2003 I~age 2 b. Whether the proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; c. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project. d. Whether the offer required by Government Code section 7267.2, subdivisions (a), (b), and (c), together with the accompanying statement and summary of the basis for the amount established as just compensation, was actually made to you and whether said offer and statement/summary were in a form and contained all of the factual information required by Government Code section 7267.2, subdivisions (a), (b), and (c), a copy of which is attached hereto. e. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain (the "right to take") to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and f. Whether the City has statutory authority to acquire the property by eminent domain. A copy of the proposed Resolution of Necessity that will be recommended to the City Council for adoption accompanies this Notice. Your name appears on the last equalized County of Orange assessment roll and as Owner (in our preliminary title report) of the property required for the proposed project. The statutes that authorize the City to acquire the property by eminent domain for this proposed project are 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). Interstate Properties Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by Eminent Domain June 10, 2003 Page 3 3. Failure to File a Written Request to Be Heard within Fifteen (15) Days After the Notice Was Mailed Will Result in Waiver of the Right to Appear and Be Heard. If you desire to be heard, please be advised that you must file a written request with the City Clerk within fifteen (15) days after this Notice was mailed. You must file your request to be heard at Tustin City Hall, 300 Centennial Way, Tustin, California, 92780-3767. Should you elect to mail your request to the City Clerk, it must be actually received by the City Clerk for filing within fifteen (15) days after this Notice was mailed. The date of mailing appears at the end of this Notice. California Code of Civil Procedure section 1245.235(b)(3) provides that "failure to file a written request to appear and be heard within fifteen (15) days after the Notice was mailed will result in waiver of the right to appear and be heard" on the above matters and issues that are the subject of the hearing. If you elect not to appear and be heard in regard to compensation, your nonappearance will not be a waiver of your right to claim greater compensation in a court of law. The amount to be paid for the property will not be considered by the City Council at this hearing. If you elect not to appear and not to be heard, your failure to appear will be a waiver of your right to later challenge the right of the City to take property by eminent domain. The amount of the compensation to be paid for the acquisition of the property is not a matter or issue being heard by the City Council at this time. Your nonappearance at this noticed hearing will not prevent you from claiming greater compensation, in and as determined by a court, of law in accordance with the laws of the State of California. This Notice is not intended to foreclose future negotiations between you and the representatives of the City on the amount of compensation to be paid for your property. If you elect not to appear and not to be heard, you will only be foreclosed from raising in a court of law the issues that are the subject of this noticed hearing and that are concerned with the right to take the property by eminent domain. Interstate Properties Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by Eminent Domain June 10, 2003 Page 4 If the City Council elects to adopt the Resolution of Necessity, then within six months of the adoption of the Resolution, the City will commence eminent domain proceedings in Superior Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled. Dated and Mailed on June 10, 2003. c: John Dvorak Attachments (Copy of Government Code section 7267.2, subdivisions (a), (b), and (c)) (Proposed Resolution of Necessity) Government Code Section 7267.2, subdivisions (a), (b), and (c) (a) Prior to adopting a resolution of necessity pursuant to Section 1245.230 of the Code of Civil Procedure and initiating negotiations for the acquisition of real property, the public entity shall establish an .amount which it believes to be just compensation therefor, and shall make an offer to the owner or owners of record to acquire the property for the full amount so established, unless the owner cannot be located with reasonable diligence. The offer may be conditioned upon the legislative body's ratification of the offer by execution of a contract of acquisition or adoption of a resolution of necessity or both. In no event shall the amount be less than the public entity's approved appraisal of the fair market value of the property. Any decrease or increase in the fair market value of real property to be acquired prior to the date of valuation caused by the public improvement for which the property is acquired, or by the likelihood that the property would be acquired for the improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant, shall be disregarded in determining the compensation for the property. (b) The public entity shall provide the owner of real property to be acquired with a written statement of, and summary of the basis for, the amount it established as just compensation. The written statement and summary shall contain detail sufficient to indicate clearly the basis for the offer, including, but not limited to, all of the following information: (1) The date of valuation, highest and best use, and applicable zoning property. (2) The principal transactions, reproduction or replacement cost analysis, or capitalization analysis, supporting the determination of value. (3) Where appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be separately stated and shall include the calculations and narrative explanation supporting the compensation, including any offsetting benefits. (c) Where the property involved is owner occupied residential property and contains no more than four residential units, the homeowner shall, upon request, be allowed to review a copy of the appraisal upon which the offer is based. The public entity may, but is not required to, satisfy the written statement, summary, and review requirements of this section by providing the owner a copy of the appraisal on which the offer is based. S:/CIP Projects -Active\7118 -Irvine-Newport/Acquisition/Pan Pac Eminent Domain.doc 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 PROOF OF SERVICE BY MAIL STATE OF CALIFORNIA, COUNTY OF ORANGE I am over the age of 18; I am employed by the CITY OF TUSTIN in the County of Orange at 300 Centennial Way, Tustin, California, 92780-3767. On June 10, 2003, I served the foregoing document(s) described as Notice of Hearing Regarding Adoption of a Resolution of Necessity to Acquire Property by Eminent Domain by placing true copies thereof enclosed in sealed envelope(s), as follows: r-1 (BY MAIL) I placed said envelope(s) for collection and mailing, following ordinary business practices, at the business-offices of the CITY OF TUSTIN, and addressed as shown on the attached service list, for deposit in the United States Postal Service. lam readily familiar with the practice of the CITY OF TUSTIN for collection and processing correspondence for mailing with the United States Postal Service, and said envelope(s) will be deposited with the United States Postal Service on said date in the ordinary course of business. (BY FACSIMILE) I caused the above-referenced document to be transmitted to the interested parties via facsimile transmission to the fax number(s) as stated on the attached service list. r-1 r-1 (BY OVERNIGHT DELIVERY) I placed said documents in envelope(s) for collection following ordinary business practices, at the business offices of the CITY OF TUSTIN, and addressed as shown on the attached service list, for collection and delivery to a courier authorized by to receive said documents, with delivery fees provided for. I am readily familiar with the practices of the CITY OF TUSTIN for collection and processing of documents for overnight delivery, and said envelope(s) will be deposited for receipt by on said date in the ordinary course of business. (PERSONAL SERVICE) I delivered such envelope(s) by hand to the offices of the addressee(s). (STATE) I declare that I am employed in the office of the CITY OF TUSTIN at whose direction the service was made. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. E] (FEDERAL) I declare that I am employed in the office of the CITY OF TUSTIN at whose direction the service was made. I declare under penalty of perjury under the laws of the United States of America that the above is true and correct. Executed on June 10, 2003 at Tustin, California. .," : ~::::".'-,~: ~:-~. ,'" '---~:,-~ K~'erike Barr O~ce 8uppo~ Specialist S:\CIP Projects - Active\7118 - Irvine-NewportWcquisition\Pan Pacific Proof of Service By Mail. DOC Resolution of Necessity Appendix A to the Resolution of Necessity Notice of Intent to Adopt For Raymond J. Larson, Jr. 18356 Irvine Blvd. APN 401-283-02 Resolution No. 03-84 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. 03-84 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 18356 Irvine Boulevard (APN 401- 283-02); 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 etseq, 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 south side of Irvine BouleVard between Newport Avenue and Holt 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, a summary of the basis for the amount established as just compensation and an appraised summary statement 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 December 9, 2002, the Planning Commission of City, pursuant to the provisions of the Government Code, Section 65402, found that the proposed location, purpose, and extent of the project is consistent with the City's General Plan; and WHEREAS, on November 1, 1999 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 November 10, 1999 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 June 16, 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 1.240.030 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: SECTION 1. The above recitations are true. SECTION 2. The July 7, 2003 staff report has been read and considered .along with all evidence presented at the hearing. -2- 6 7. 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 SECTION 3. The hearing set out in the Notice of Hearing was held on July 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. 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: 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; Co 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; 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. -3- 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin on the 7th day of July 2003 ATTEST: Tracy Wills Worley Mayor PAMELA STOKER CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) RESOLUTION NO. 03-84 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 day of , 2003, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk -4- 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 102-1 Legal Description Parcel 202-1 Temporary Construction Easement -5- EXHIBIT "A" PARCEL 102-:{. THAT PORTION OF LOT 9 OF THE VANDERLIP AND ROWAN TRACT, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON ~IAP RECORDED IN BOOK 5 PAGE 160 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING (P.O.B.) AT THE SOUTHWESTERLY CORNER OF "PARCEL C" AS DESCRIBED IN A GRANT DEED RECORDED MARCH 18, 1991 IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY AS INSTRUP4ENT NO. 91-123579; THENCE ALONG THE SOUTHERLY LINE OF SAID "PARCEL C" NORTH 89°58'39'' EAST 45.08 FEET; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 44°58'39'' WEST 9.90 FEET TO A LINE PARALLEL WITH AND 7.00 FEEl' SOUTHERLY OF SAID SOUTHERLY LINE; THENCE ALONG SAID PARALLEL LINE, SOUTH 89°58'39'' WEST 38.07 FEET TO THE EASTERLY LINE OF THE LAND DESCRIBED IN DEED TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT RECORDED MARCH 24, 1960 IN BOOK 5161, PAGE 84 OF OFFICIAL RECORDS, RECORDS .OF ORANGE COUNTY; THENCE ALONG SAID EASTERLY LINE, NORTH 00007'42'' WEST 7.00 FEET TO THE POINT OF BEGINNING. CONTKINING 291 SQUARE FEET = 0.01 ACRES, MORE OR LESS. ALL AS SHOWN ON EXHIBIT"B'; A3-FACHED HERETO AND BY REFERENCE P4ADE A PART THEREOF. L.S. BATEMAN, P.L.S. #3757 LICENSE EXPIRES 3UNE 30, 2004 DATE \\nts1-irv\engin\3291\0008\survey\ROW~PARCEL102.1 .doc Last printed 05/09/02 10:08 AM HOLT EXHIBIT "B" PARCEL 102-1 t/,~ E'L Y LINE O.R. BI,( 5161, PC 84 LINE TABLE LINE BEARING LENGTH L 1 N89'58 'J9 "E 45. 08' L2 S44'58 'J9 "W 9.90' L ~ S89'58 'J9 "W ~$. 0 7' L 4 NO0'O 7'42 "W 7. 00' SHEET AVE, L4 O.R. 4788-460 PARCEL 102- 1-.,,,~ '~ L2.~::: ~ O.R. g~- 123578--~_ ?OR. LOT VANDERLJP & ROWAN TRACT ]vi, R,L,A, CO. 6-"J80 [-- --1 ~-- O.R. I L % '"/od,,, 91-254968~_~ _ 0 20 40 80 ORAPHIC SCALE: 1"=40' AREA SQ. FEET ACRES SO. METERS 291 0.01 O.R. 2259-81 ASL Consulting Engineers 1624.1 LAGUNA CYN. RD. SUITE 2O0 IRVlNE, CA 92618 .(949) 727-7099 FAX:(94-9) 727-7097 I i~ P.O.B. · - I I I --4- 1 I OF W PREPARED UNDER THE DIRECTION OF z L,S. BATEMAN, P.L.S:'3757 DATE LICENSE EXPIRES 06/30/2004 EXHIBIT "A" PARCEL 202-1 TEMPORARY CONSTRUCTION EASEMENT THAT PORTION OF LOT 9 OF THE VANDERLIP AND ROWAN TRACT, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 5 PAGE. 160 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING (P.O.B.) AT THE SOUTHEASTERLY CORNER OF "PARCEL A" AS DESCRIBED IN AN OFFER OF DEDICATION RECORDED APRIL '2, 1991 IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY AS INSTRUMENT NO. 91-152099 SAID POINT ALSO BEING IN THE EASTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN A GRANT DEED TO RAYMOND ]AMES.LARSON.]R. RECORDED FEBRUARY 5, 1993 AS INSTRUMENT NO. 93-0082020 OF OFFICIAL RECORDS OF ORANGE COUNTY; THENCE ALONG SAID EASTERLY LINE, SOUTH 00°02'43'' EAST 10.00 FEET; THENCE LEAVING SAID 'LINE, SOUTH 89°58'39'' WEST 103.92 FEET; THENCE SOUTH 44°58'39'' WEST 9.90 FEET; THENCE SOUTH 89058'39'' WEST 42.i9 FEET TO THE EASTERLY LINE OF THE LAND DESCRIBED IN DEED TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT RECORDED MARCH 24, 1960 IN BOOK 5161, PAGE 84 OF OFFICIAL RECORDS, RECORDS OF ORANGE COUNTY; THENCE ALONG SAID LINE NORTH 00007'42'' WEST 10.00 FEET; THENCE NORTH 89058'39'' EAST 38.07 FEET; THENCE NORTH 44°58'39'' EAST 9.90 FEET TO WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID "PARCEL A"; THENCE ALONG SAID PROLONGATION AND SAID SOUTHERLY LINE NORTH 89°58'39'' EAST 108.06 FEET TO THE POINT OF BEGINNING. CONTAINING 1,560 SQUARE FEET = 0.04 ACRES, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "R" A'I-FACHED HERETO AND BY' REFERENCE MADE A PART THEREOF. LICENSE EXPIRES SEPTEMB[ DATE N :\3291 \0008\survey\ROW~PARCEL202-1.doc Last pdnted 06/11/02. 11:05 AM EXHIBIT "B" PARCEL 202-1 SHEET 1 OF 1 HOLT LINE O.R. BK 5161 PG LINE TABLE LINE BEARING LENGTH L 1 S00'02 '4J "E l O. 00' L2. S44'58 'J9 "W 9.90' LJ S89'58 'J9 'W 42. 19' L4 N00"07'42 "W 10.00' L5 N89'58 'J9 "E JS. 07' L 6 N44'58 'J9 "E :9.90' O.R. 4788-460 V A ND ER LiP :~. O.R. 91- PARCEL 202- 1- 10' LOT D lo' ROWAN TRACT C O, ,-5-18 0 //,/ .~ E'LY LINE O.R. 9J-0082020 ~ F-- --q /--O.R. 91-254968--.~ 0 20 40 80 GRAPHIC SCALE: 1"=4-0' AREA SQ.1,560FEET ACRES0.04.SQ. METERS ASL Consulting Engineers 16241 LAGUNA CYN. RD. SUITE 200 IRVlNE, CA 92618 ~(949) 727-7099 FAX:(949) 727-7097 O.R. 2269-81 L~ AVE. L4 I I PREPARED UNDER THE DIRECTION OF EUGENE ER LICENSE EXPIRES 09/.30 ~o c) c) /- Public Works / Engineering June 16, 2003 Raymond James Larson, Jr. CIO Home Savings of America FA CIO C.B. Richard Ellis 1201 3rd Avenue, #88 Seattle, WA 98101-3029 City of Tustin 300 Centennial Way Tustin, CA 92780-3715 (714) 573-3150 FAX (714) 734-8991 Re: Notice of Hearing Regarding Adoption of a Resolution of Necessity to Acquire Property by Eminent Domain [California Code of Civil Procedure 1245.235] Irvine Boulevard/Newport Avenue Intersection Enhancement Project (CIP 7118) Property: 18356 Irvine Boulevard Dear Property Owner: 1. Notice of the Intent of Tustin City Council to Adopt a Resolution of Necessity. The City Council intends to consider the adoption of a Resolution of Necessity on July 7, 2003 that, if adopted, will authorize the City of Tustin ("City") to acquire the property described herein by eminent domain for the Irvine Boulevard/Newport Avenue Intersection Enhancement Project (CIP 7118). A description of the property being considered for acquisition marked Appendix A accompanies the proposed Resolution of Necessity, attached to this Notice as Exhibit A (which property shall be referred to herein .as the Property). 2. Notice of Your Right to Appear and be Heard. Please take notice that the City Council of City, at a regular meeting to be held on Monday, July 7, 2003 at 7:00 p.m. or as soon thereafter as the matter may be heard, at 300 Centennial Way, Council Chambers, Tustin, California, will hold a hearing on whether such a Resolution of Necessity should be adopted, as required by California Code of Civil Procedure section 1245.220 for the commencement of an eminent domain proceeding to acquire real property. You have a right to appear and be heard before the City Council at the above scheduled hearing on the following matters and issues, and to have the City Council give judicious consideration to your testimony prior to deciding whether or not to adopt the proposed Resolution of Necessity. a. Whether the public interest and necessity require the proposed project; Interstate Properties Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by Eminent Domain June 16, 2003 Page 2 b. Whether the proposed project is planned or located in the manner that will.be most compatible with the greatest public good and the least private injury; c. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project. d. Whether the offer required by Government Code section 7267.2, subdivisions (a), (b), and (c), together with the accompanying statement and summary of the basis for the amount established as just compensation, was actually made to you and whether said offer and statement/summary were in a form and contained all of the factual information required by Government Code section 7267.2, subdivisions (a), (b), and (c), a copy of which is attached hereto. e. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain (the "right to take") to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and f. Whether the City has statutory authority to acquire the property by eminent domain. A copy of the proposed Resolution of Necessity that will be recommended to the City Council for adoption accompanies this Notice. Your name appears on the last equalized County of Orange assessment roll and as Owner (in our preliminary title report) of the property required for the proposed project. The statutes that authorize the City to acquire the property by eminent domain for this proposed project are 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). Interstate Properties Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by Eminent Domain June 16, 2003 Page 3 3. Failure to File a Written Request to Be Heard within Fifteen (15) Days After the Notice Was Mailed Will Result in Waiver of the Right to Appear and Be Heard. If you desire to be heard, please be advised that you must file a written request with the City Clerk within fifteen (15) days after this Notice was mailed. You must file your request to be heard at Tustin City Hall, 300 Centennial Way, Tustin, California, 92780-3767. Should you elect to mail your request to the City Clerk, it must be actually received by the City Clerk for filing within fifteen (15) days after this Notice was mailed. The date of mailing appears at the end of this Notice. California Code of Civil Procedure section 1245.235(b)(3) provides that "failure to file a written request to appear and be heard within fifteen (15) days after the Notice was mailed will result in waiver of the right to appear and be heard" on the above matters and issues that are the subject of the hearing. If you elect not to appear and be heard in regard to compensation, your nonappearance will not be a waiver of your right to claim greater compensation in a court of law. The amount to be paid for the property will not be considered by the City Council at this hearing. If you elect not to appear and not to be heard, your failure to appear, will be a waiver of your right to later challenge the right of the City to take property by eminent domain. The amount of the compensation to be paid for the acquisition of the property is not a matter or issue being heard by the City Council at this time. Your nonappearance at this noticed hearing will not prevent you from claiming greater compensation, in and as determined by a court of law in accordance with the laws of the State of California. This Notice is not intended to foreclose future negotiations between you and the representatives of the City on the amount of compensation to be paid for your property. If you elect not to appear and not to be heard, you will only be foreclosed from raising in a court of law the issues that are the subject of this noticed hearing and that are concerned with the right to take the property by eminent domain. Interstate Properties Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by Eminent Domain , June 16, 2003 Page 4 If the City Council elects to adopt the Resolution of Necessity, then within six months of the adoption of the Resolution, the City will commence eminent domain proceedings in Superior Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled. Dated and Mailed on June 16, 2003. William A. Huston, City Manager c: Carl Boznanski Attachments (Copy of Government Code section 7267.2, subdivisions (a), (b), and (c)) (Proposed Resolution of Necessity) Government Code Section 7267.2, subdivisions (a), (b), and (c) (a) Prior to adopting a resolution of necessity pursuant to Section 1245.230 of the Code of Civil Procedure and initiating negotiations for the acquisition of real property, the public entity shall establish an amount which it believes to be just compensation therefor, and shall make an offer to the owner or owners of record to acquire the property for the full amount so established, unless the owner cannot be located with reasonable diligence. The offer may be conditioned upon the legislative body's ratification of the offer by execution of a contract of acquisition or adoption of a resolution of necessity or both. In no event shall the amount be less than the public entity's approved appraisal of the fair market value of the property. Any decrease or increase in the fair market value of real property to be acquired prior to the date of valuation caused by the public improvement for which the property is acquired, or by the likelihood that the property would be acquired for the improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant, shall be disregarded in determining the compensation for the property. (b) The public entity shall provide the owner of real property to be acquired with a written statement of, and summary of the basis for, the amount it established as just compensation. The written statement and summary shall contain detail sufficient to indicate clearly the basis, for the offer, including, but not limited to, all of the following information: (1) The date of valuation, highest and best Use, and applicable zoning property. (2) The principal transactions, reproduction or replacement cost analysis, or capitalization analysis, supporting the determination of value. (3) Where appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be separately stated and shall include the calculations and narrative explanation supporting the compensation, including any offsetting benefits. (c) Where the property involved is owner occupied residential property and contains no more than four residential units, the homeowner shall, upon request, be allowed to review a copy of the appraisal upon which the offer is based. The public entity may, but is not required to, satisfy the written statement, summary, and review requirements of this section by providing the owner a copy of the appraisal on which the offer is based. S:/CIP Projects - Active\7118 - Irvine-Newport/Acquisition/Ray Larson Eminent Domain.doc Resolution of Necessity Appendix A to the Resolution of Necessity Notice of Intent to Adopt For Frances D. Larson, Trustee 18302 Irvine Blvd. APN 401-283-11 Resolution No. 03-85 1 RESOLUTION NO. 03-85 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 8 9 10 11 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 12 13 14 15 16 17 WHEREAS, City intends to construct the Project to make effective the principal Ise 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 18302 Irvine Boulevard (APN 401- 283-11); and 18 19 2O 21 22 23 24 25 26 27 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 southeast corner of Irvine Boulevard and Holt Avenue; and WHEREAS, the plans for the Project are on file with the Director of Public Works of City; and 28 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, a summary of the basis for the amount established as just compensation and an appraised summary statement 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 December 9, 2002, the Planning Commission of City, pursuant to the provisions of the Government Code, Section 65402, found that the proposed location, purpose, and extent of the project is consistent with the City's General Plan; and WHEREAS, on November 1, 1999 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 November 10, 1999 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 June 16, 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. 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 July 7, 2003 staff report has been read and considered along with all evidence presented at the hearing. -2- ,t~ 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 SECTION 3. The hearing set out in the Notice of Hearing was held on July 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; b. To acquire the property in fee simple absolute unless a lesser estate is described in Appendix A; Co 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; 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. -3- 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 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin on the 7th day of July 2003 ATTEST: Tracy Wills Worley Mayor PAMELA STOKER CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) RESOLUTION NO. 03-85 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 day of ., 2003, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk -4- 1 2 3 A. 4 B. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Exhibit "A" Exhibit "A" Appendix A CONTENTS Legal Description Parcel 100-1 Legal Description Parcel 200-1 Temporary Construction Easement -5- EXHIBIT PARCEL 100-1 THAT PORT~ON OF LOT 9 OF THE VANDERLZP AND ROWAN TRACT, IN THE CITY OF TUST~N, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 5 PAGE 160 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED'AS FOLLOWS: COMMENCING (P.O.C.) AT THE MOST 'SOUTHERLY POINT OF PARCEL i AS DESCRIBED IN AN OFFER OF DEDICA'I'~ON RECORDED MARCH 14, 1983 IN THE OFF~CE OF THE COUNTY RECORDER OF ORANGE COUNTY AS INSTRUMENT NO; 83-109215, SAID POINT ALSO BEING ON THE SOUTHERLY END OF A 'CURVE, CONCAVE SOUTHEASTERLY, THE RADIUS OF WHICH BEARS NORTH 89°52'18'' EAST 27.00 FEET; THENCE ALONG THE SOUTHEASTERLY L~NE OF SAID PARCEL I AND NORTHEASTERLY ALONG SA~D CURVE A DISTANCE OF 2.81 FEET THROUGH A CENTRAL ANGLE OF 05058'05' TO THE TRUE POINT OF BEGINNING (T.P.O.B.); THENCE CON'I'~NUING ALONG THE SOUTHEASTERLY If NE OF SA~D PARCEL I AND NORTHEASTERLY ALONG SAID CURVE 36.84 FEET THROUGH A CENTRAL ANGLE OF 78°10'11"; THENCE NON- TANGENT TO SAID CURVE SOUTH 44055'28'' WEST 34.05 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 141 SQUARE FEET = 0.00 ACRES, MORE OR LESS. ALL AS MORE PAR~CULARLY SHOWN ON EXHIBIT "R'_, A'FFACHED HERETO AND BY REFERENCE MADE A PART THEREOF. L.S. BATEMAN, P.L.S. #3757 I TCENSE EXPIRES JUNE 30, 2004 DATE EXHIBIT "B" PARCEL 1OO-1 SHEET 1 OF 1 HOLT ~ PCL. 1,32 ~ O.R. 6569-99,3-~ N00'0 7'42 "W AVE. POR, VANDERLJP & M,~ L A, LOT D ROWAN TRACT C©, ,6-160 O.R. 8591-667 LINE TABLE I $.__6J~9'2___6"___E(R__) '1 I 0 20 40 80 GRAPHIC SCALE: 1"=40' AREA SQ. FEET ACRES IS0. METERS 141 0.00 ASL Consulting Engineers 16241LAGUNA CYN. RD. SUITE 200 IRVINE, CA 92618 ~(949) 727-7099 FAX:(949) 727-7097 LINE BEARING LENGTH S44'55 '28 "W 34.05' CURVE TABLE i, CURVE DELTA RADIUS LENGTH · C 1 05'58'05" 2 7. 00' 2.81' C2 78'10'11" 27.00' J6.84' ~O.R. 5161'84 PREPARED UNDER THE DIRECTION OF L.S.. BATEMAN, P.L.S. 5757 DATE LICENSE EXPIRES 06/30/2004. EXHIBIT PARCEL 200-1 TEMPORARY CONSTRUCTTON EASEMENT THAT PORT[ON OF LOT 9 OF THE VANDERL[P AND ROWAN TRACT, IN THE CTFY OF TUST[N, COUNTY OF ORANGE, STATE OF CAL.[FORNIA, AS SHOWN ON MAP RECORDED IN BOOK 5 PAGE 160 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CAI TFORNIA, DESCRIBED AS FOLLOWS: BEGINNING (P.O.B.) AT THE MOST SOUTHERLY POINT OF PARCEL i AS DESCRIBED IN AN OFFER OF DEDICATION RECORDED MARCH 14, 1983 IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY AS INSTRUMENT NO. 83-109215, SAID POINT ALSO BEING ON THE END OF A CURVE, .CONCAVE SOUTHEASTERLY, THE RADIUS OF WHICH BEARS NORTH 89°52'18'' EAST 27.00 FEET; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 1 AND NORTHEASTERLY ALONG SAID CURVE A DISTANCE OF 2.81 FEET THROUGH A CENTRAL ANGLE OF 05058'05"; THENCE NON- TANGENT TO SAID CURVE NORTH 44055'28'' EAST 34.05 FEET TO SAID SOUTHEASTERLY L.[NE OF SAID PARCEL 1, BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHERLY, THE RADIUS OF WHICH BEARS SOUTH 05059'26'' EAST 27.00 FEET; THENCE ALONG SAID SOUTHEASTERLY LiNE EASTERLY ALONG SAID CURVE 2.81 FEET THROUGH A CENTRAL ANGLE OF 05°58'05"; THENCE NORTH 89058'39'' EAST 161.27 FEET TO THE WESTERLY I.[NE OF THAT CERTAIN PARCEL OF LAND DESCR.[BED IN THE GRANT DEED TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT RECORDED MARCH 24, 1960 IN BOOK 5161, PAGE 84 OF OFF'[QAL RECORDS , RECORDS OF SAID ORANGE COUNTY; THENCE ALONG SAID ITNE'SOUTH 00007'42'' EAST 10.00 FEET; THENCE SOUTH 89058'39'' WEST 159.80 FEET; THENCE SOUTH 44°55'28'' WEST 40.29 .FEET TO THE EASTERLY RIGHT-OF-WAY OF HOLT AVENUE; THENCE ALONG EASTERLY ITNE OF PARCEL 132 AS DESCRIBED IN AN 'EASEMENT DEED TO THE COUNTY OF ORANGE RECORDED MAY 31~ 1963 IN BOOK 6569, PAGE 993 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, SAID ITNE BEING THE EASTERLY RIGHT-OF-WAY NORTH 00007'42'' WEST 11.47 FEETTO THE POINT OF BEGINNING. ' CONTAIHING 1,992 SQUARE FEET = 0.05 ACRES, HORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B"~ ATTACHED HERETO AND BY REFERENCE MADE A PART THEREOF. L.S. BATEMAN, P.L.S. #3757 LICENSE EXPIRES JUNE 30, 2004 DATE EXHIBIT "B" PARCEL 200-'1 SHEET 1 OF 1 HOLT PCU 1.32 ~ O.R. 6569-99,3-~ NO0'O ?'#2 "W P.O. L4 LINE TABLE LINE BEARING LENGTH L 1 N44'55 '28"E 34.05' L2 S00'07"42 "E 10. 00' L5 S44'55'28"W 40.29' L4 NOO'O7'42"W I 1.47' CURVE TABLE CURVE DELTA RADIUS LENGTH .,, C 1 05'58 '05" 2 7. 00' 2. 81' C2 05'58'05" 2 7. 00' 2. $1' O.R. 8591-667 POR, LOT g VANDERLJP 11 ROWAN TRACT CO, PARCEL 200- 1 --~ I I~ O.R. 8.~- 10921 I --O.R. ~-: IL_ I o.R. 5 ~ s ~-84 10' L2 AVE. PCL. 152.2 .R. 6569-995 I I I I I '~ S05'59'26 "E_.~R_2 I Ld 60~ ;._ 0 20 40 80 GRAPHIC SCALE: 1"=40' AREA SQ.1,992FEET l ACRES0.05 I SQ. METERS ASL Consulting Engineers 16241 LAGU'NA CYN. RD. SUITE 200 tRVINE, CA 92618 ~(949) 727-7099 FAX:(949) 727-7097 PREPARED UNDER THE DIRECTION OF ......,-/,,to?. L.S. BATEMAN, P.LS. 3757 LICENSE EXPIRES 06/50/2004- DATE Office of the City Manager June 16, 2003 Frances D. Larson, Trustee Larson Family Trust C/O Burnett-Ehline Properties CIO Deloitte & Touche LLP Attn: Wilder 2235 Faraday Avenue, Suite O Carlsbad, CA 92008-7215 City of Tustin 300 Centennial Way Tustin, CA 92780 714.573.3010 FAX 714.838.1602 Rez Notice of Hearing Regarding Adoption of a Resolution of Necessity to Acquire Property by Eminent Domain [California Code of Civil Procedure 1245.235] Irvine Boulevard/Newport Avenue Intersection Enhancement Project (CIP 7118) Property: 18302 Irvine Boulevard Dear Property Owner: 1. Notice of the Intent of Tustin City Council to Adopt a Resolution of Necessity. The City Council intends to consider the adoption of a Resolution of Necessity on July 7, 2003 that, if adopted, will authorize the City of Tustin ("City") to acquire the property described herein by eminent domain for the Irvine Boulevard/Newport Avenue Intersection Enhancement Project (CIP 7118). A description of the property being considered for acquisition marked Appendix A accompanies the proposed Resolution of Necessity, attached to this Notice as Exhibit A (which property shall be referred to herein as the Property). 2. Notice of Your Right to Appear and be Heard. Please take notice that the City Council of City, at a regular meeting to be held on Monday, July 7, 2003 at 7:00 p.m. or as soon thereafter as the matter may be heard, at 300 Centennial Way, Council Chambers, Tustin, California, will hold a hearing on whether such a Resolution of Necessity should be adopted, as required by California Code of Civil Procedure section 1245.220 for the commencement of an eminent domain proceeding to acquire real property. You have a right to appear and be heard before the City Council at the above scheduled hearing on the following matters and issues, and to have the City Council give judicious consideration to your testimony prior to deciding whether or not to adopt the proposed Resolution of Necessity. a. Whether the public interest and necessity require the proposed project; Interstate Properties Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by Eminent Domain June 16, 2003 Page 2 b. Whether the proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; c. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project. d. Whether the offer required by Government Code section 7267.2, subdivisions (a), (b), and (c), together with the accompanying statement and summary of the basis for the amount established as just compensation, was actually made to you and whether said offer and statement/summary were in a form and contained all of the factual information required by Government Code section 7267.2, subdivisions (a), (b), and (c), a copy of which is attached hereto. e. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain (the "right to take") to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and f. Whether the City has statutory authority to acquire the property by eminent domain. A copy of the proposed Resolution of Necessity that will be recommended to the City Council for adoption accompanies this Notice. Your name appears on the last equalized County of Orange assessment roll and as Owner (in our preliminary title report) of the property required for the proposed project. The statutes that authorize the City to acquire the property by eminent domain for this proposed project are 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). Interstate Properties Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by Eminent Domain June 16, 2003 Page 3 3. Failure to File a Written Request to Be Heard within Fifteen (15) Days After the Notice Was Mailed Will Result in Waiver of the Right to Appear and Be Heard. If you desire to be heard, please be advised that you must file a written request with the City Clerk within fifteen (15) days after this Notice was mailed. You must file your request to be heard at Tustin City Hall, 300 Centennial Way, Tustin, California, 92780-3767. Should you elect to mail your request to the City Clerk, it must be actually received by the City Clerk for filing within fifteen (15) days after this Notice was mailed. The date of mailing appears at the end of this Notice. California Code of Civil Procedure section 1245.235(b)(3) provides that "failure to file a written request to appear and be heard within fifteen (15) days after the Notice was mailed will result in waiver of the right to appear and be heard" on the above matters and issues that are the subject of the hearing. If you elect not to appear and be heard in regard to compensation, your nonappearance will not be a waiver of your right to claim greater compensation in a court of law. The amount to be paid for the property will not be considered by the City Council at this hearing. If you elect not to appear and not to be heard, your failure to appear will be a waiver of your right to later challenge the right of the City to take property by eminent domain. The amount of the compensation to be paid for the acquisition of the property is not a matter or issue being heard by. the City Council at this time. Your nonappearance at this noticed hearing will not prevent you from claiming greater compensation, in and as determined by a court of law in accordance with the laws of the State of California. This Notice is not intended to foreclose future negotiations between you and the representatives of the City on the amount of compensation to be paid for your property. If you elect not to appear and not to be heard, you will only be foreclosed from raising in a court of law the issues that are the subject of this noticed hearing and that are concerned with the right to take the property by eminent domain. Interstate Properties Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by Eminent Domain June 16, 2003 Page 4 If the City Council elects to adopt the Resolution of Necessity, then within six months of the adoption of the Resolution, the City will commence eminent domain proceedings in Superior Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled. Dated and Mailed on June 16, 2003. William A. Huston, City Manager c: John Dvorak Attachments (Copy of Government Code section 7267.2, subdivisions (a), (b), and (c)) (Proposed Resolution of Necessity) Government Code Section 7267.2, subdivisions (a), (b), and (c) (a) Prior to adopting a resolution of necessity pursuant to Section 1245.230 of the Code of Civil Procedure and initiating negotiations for the acquisition of real property, the public entity shall establish an amount which it believes to be just compensation therefor, and shall make an offer to the owner or owners of record to acquire the property for the full amount so established, unless the owner cannot be located with reasonable diligence. The offer may be conditioned upon the legislative body's ratification of the offer by execution of a contract of acquisition or adoption of a resolution of necessity or both. In no event shall the amount be less than the public entity's approved appraisal of the fair market value of the property. Any decrease or increase in the fair market value of real property to be acquired prior to the date of valuation caused by the public improvement for which the property is acquired, or by the likelihood that the property would be acquired for the improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant, shall be disregarded in determining the compensation for the property. (b) The public entity shall provide the owner of real property to be acquired with a written statement of, and summary of the basis for, the amount it established as just compensation. The written statement and summary shall contain detail sufficient to indicate clearly the basis for the offer, including, but not limited to, all of the following information: (1) The date of valuation, highest and best use, and applicable zoning property. (2) The principal transactions, reproduction or replacement cost analysis, or capitalization analysis, supporting the determination of value. (3) Where appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be separately stated and shall include the calculations and narrative explanation supporting the compensation, including any offsetting benefits. (c) Where the property involved is owner occupied residential property and contains no more than four residential units, the homeowner shall, upon request, be allowed to review a copy of the appraisal upon which the offer is based. The public entity may, but is not required to, satisfy the written statement, summary, and review requirements of this section by providing the owner a copy of the appraisal on which the offer is based. S:/CIP Projects - Active\7118 - Irvine-Newport/Acquisition/F. Larson Eminent Domain.doc 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 PROOF OF SERVICE BY MAIL STATE OF CALIFORNIA, COUNTY OF ORANGE I am over the age of 18; I am employed by the CITY OF TUSTIN in the County of Orange at 300 Centennial Way, Tustin, California, 92780-3767. On June 16, 2003, I served the foregoing document(s) described as Notice of Hearing Regarding Adoption of a Resolution of Necessity to Acquire Property by Eminent Domain by placing true copies thereof enclosed in sealed envelope(s), as follows' E] (BY MAIL) I placed said envelope(s) for collection and mailing, following ordinary business practices, at the business offices of the CITY OF TUSTIN, and addressed as shown on the attached service list, for deposit in the United States Postal Service. I am readily familiar with the practice of the CITY OF TUSTIN for collection and processing correspondence for mailing with the United States Postal Service, and said envelope(s) will be deposited with the United States Postal Service on said date in the ordinary course of business. (BY FACSIMILE, I caused the above-referenced document to be transmitted to the interested 3arties via facsimile transmission to the fax number(s) as stated on the attached service list. E] E] (BY OVERNIGHT DELIVERY) I placed said documents in envelope(s) for collection following ordinary business practices, at the business offices of the CITY OF TUSTIN, and addressed as shown on the attached service list, for collection and delivery to a courier authorized by to receive said documents, with delivery fees provided for. I am readily familiar with the practices of the CITY OF TUSTIN for collection and processing of documents for overnight delivery, and said envelope(s) will be deposited for receipt by on said date in the ordinary course of business. (PERSONAL SERVICE) I delivered such envelope(s) by hand to the offices of the addressee(s). (STATE) I declare that I am employed in the office of the CITY OF TUSTIN at whose direction the service was made. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. E] (FEDERAL) I declare that I am employed in the office of the CITY OF TUSTIN at whose direction the service was made. I declare under penalty of perjury under the laws of the United States of America that the above is true and correct. Executed on June 16, 2003 at Tustin, California. ,~, Katherine Barr Office Support Specialist S:\CIP Projects - Active\7118 - Irvine-Newport~,cquisition\Fitterer Proof of Service By Mail. DOC