HomeMy WebLinkAboutC.C. RES 03-082RESOLUTION 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 isa
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
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 rbal 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
Resolution No. 03-82
Page 1 of 9
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.
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.
Resolution No. 03-82
Page 2 of 9
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;
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;
To deposit the probable amount of compensation based on an appraisal, and
to apply to the court for an order permitting City to take immediate
possession and use of the property for the public uses and purposes.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin on the 7th day of July 2003
TRACY WJL/LS WORLEY
MAYOR
PA"~E'I~.A STOKER
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do 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 No. 03-82 was duly passed and
adopted at a regular meeting of the Tustin City Council, held on the 7th day of July, 2003, by
the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES: None (0)
COUNCILMEMBER ABSTAINED: None (0)
COUNCILMEMBER ABSENT: NQ~e (0)
Bone, Davert, Kawashima, Thomas, Worley (5)
P/~,ME[A ST(~KL~R' '
CITY CLERK
Resolution No. 03-82
Page 3 of 9
A,
Appendix A
CONTENTS
Exhibit"A" Legal Description Parcel 108-1
Exhibit"A" Legal Description Parcel 208-1
Temporary Construction Easement
Resolution No. 03-82
Page 4 of 9
EXHIBIT
PARCEL 108-1
THAT PORTION OF THE NORTHEASTERLY ONE-HALF OF LOT 1 IN BLOCK 12 OF IRVINE'S SUBD1MISION,
IN THE CITY OF TUSTIN,'COUNTY OF ORANGE, STATE OF CAI TFORNIA, AS SHOWN ON MAP RECORDED
IN BOOK 1 AT PAGE 88 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE RECORDER OF SAID
COUNTY, DESGRIBED AS FOLLOWS:.
BEGINNING (P.O.B.) AT A POINT ON THE' SOUTHERLY LINE OF PARCEL A AS
DESCRIBED IN AN EASEMENT DEED RECORDED 3ULY 29, ].959 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 ].200.00 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
SOlJ'rH 14o58'07'' WEST 1]..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 ].5°33'50'' WEST 1138.00
FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE ]..98 FEET.THROUGH A CENTRAL
ANGLE OF 00°05'59'' TO A NONTANGENT CURVE, CONCAVE NORTHWESTERLY, THE
RADIUS OF WHICH BEARS NORTH 74°37'].9'' WEST ,~]..75 FEET; THENCE
SOUTHWE~i'ERLY ALONG SAID CURVE 22.76 FEET THROUGH A CENTRAL ANGLE OF'
31o13'48";' THENCE NORTH 43°23'31" WEST 9.10 FEET; THENCE NORTH 15°50'40"
WEST 21'.95 FEET TO THE BEGINNING OF A NON-TANGENT CURVE SAID CURVE .IS
CONCENTRIC VVTrH AND t0.00 FEET SOUTHERLY OF THE SOUTHERLY LINE OF SAID
PARCEL A, FROM WHICH POINT THE RADIUS OF SAID CURVE BEARS SOUTH 14°2.3'45"
WEST 1140.00 FEET; THENCE WESTERLY ALONG SAID CURVE 286.88 FEET THROUGH A
CENTRAL ANGLE OF 14025'06"; THENCE SOUTH 89°58'39" WEST ].5.79 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 39°55'33" EAST ].3.0~ FEET TO A POINT ON SAID SOUTHERLY LINE OF PARCEL
A; THENCE ALONG SAID SOUTHERLY LINE NORTH 89°58'39'' EAST 7.41 FEET TO THE
POINT OF BEGINNING.
CONT'AZNING 3,571 SQUARE FEET = 0.08 ACRES, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B", ATTACHED HERETO AND BY REFERENCE MADE
A PART THEREOF.
Resolution No. 03-82
Page 5 of 9
EXHIBIT "B" SHEET 1 OF 1
PARCEL 108-1
LINE BI~RING LENGTH
LI(R) N45'23'$1"W 9. I0'
L2 N15'50'40"W 21.95'
L3 S89'58'39 "W 15. 79'
L4 N3g'55 '33 "E 13. 04'
L5 N89'58'39 "E 7. 41'
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GRAPHIC SCALE: 1"=60'
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cURvE'TABLE
CURVE OEL TA RADIUS LENGTH
CI '91'07'16" 11.8..~' 18.81'
C2 00'05'59" 1138.00' 1.98'
CJ J1'lJ'48" 41.75' 22.76'
PREPARED UNDER THE DIRECTION OF.
Resolution No. 03-82
Page 6 of 9
. EXHZB11' "A"
PARCEL 208-1
TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF THE NORTHEASTERLY ONE-HALF OF LOT 1 IN BLOCK 12 OF IRVINE'S SUBDMSION,
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:
CoMMENC2NG (P,O.C.) AT A POINT ON THE SOUTHERLY LINE oF PARCEL A AS
DESCRIBED IN AN EASEMENT. DEED RECORDED 3ULY 29, 1959 IN BOOK 4817 AT PAGE
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 00o01'21" EAST 1150.00 FEE-r, SAID CURVE IS 50.00 FEET SOUTHERLY
AND CONCENTRIC WITH THE CURVE HAVING. A RADIUS OF 1200.00 FEET IN SAID
EASEMENT DEED; TH£NCE'ALONG SAID SOUTHERLY LINE SOUTH 89°58'39" WEST 7.41
FEET TO THE NORTHWESTERLY'LINE OF THE SOUTHEASTERLY 1032.80 FEET OF SAID
NORTHEASTERLY ONE-HALF OF LOT 1; THENCE ALONG SAID NORTHWESTERLY LINE
SOUTH 39*55'33" WEST 13.04 FEET TO THE TRUE POINT OF BEGZNNZNG
(T.P.O.B.); THENCE LEAVING SAID LINE NORTH 89*58'39" EAST 15.79 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY AND HAVING A
RADIUS OF 1140.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 286.88 FEET
THROUGH A CENTRAL ANGLE OF 14°25'06"; THENCE SOUTH 15°50'40" 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 SAID CURVE 22.76 FEET
THROUGH A CENTRAL ANGLE OF 31°13'48'' TO A POINT IN THE SOLJTHWESTERLY LINE
OF THE PARCEL DESCRIBED IN A DOCUMENT. RECORDED SEPTEMBER 18, 1987 AS
INSTRUMENT NO. 87-528595 OF OFFICIAL RECORDS OF SAID COUNTY SAID LINE
BEING A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1138.00 FEET AND
A LENGTH OF 54.17, THE RADIUS OF .WHICH BEARS SOUTH 15°39'49~' WEST 1138.00
FEET FROM SAID POINT; THENCE SOUTHEASTERLY ALONG SAID 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 42'16'06"; 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 14°07'39"; THENCE SOUTH 89*58'39" WEST 24.17 FEET TO SAID
NORTHWESTERLY LINE OF THE SoLrrHEASTERLY 1032.80 FEET OF SAID LOT 1;
THENCE NORTH 39055'33'' EAST 13.04 FEET ALONG SAID LINE TO THE TRUE POXNT
OF BEGlrNNZNG.
(CONTINUED)
Resolution No. 03-82
Page 7 of 9
(EXHIB~F "A" CONTINUED)
CONTA.tNZNG 3,685 SQUARE FEE-I' = 0.08 ACRES, MORE OR LESS.
ALL AS MORE PAR'I'~CULARLY SHOWN ON EXHIB~']' ,,B,,,. A'I-i'ACHED HERETO AND BY REFERENCE MADE
A PART THEREOF.
DATE
I..[CENSE EXPIRES SEPTEt,'2002
Resolution No. 03-82
Page 8 of 9
LINE TABLE
LINE BEARING LENGTH
L I SB9'58 'J79 '~ 7. 41'
L2 S$9'55'33"W 15. 04'
L3 N89'58'39 "E 15. 79'
L4 S15'50'40"E 21.95'
L 6 N45'23'31 "IF 20. 58'
-L7 N15'50'40"W 18.64'
L8 S89'58'Zg",/ 24. 17'
L9 N39'55'Z3"E ~ ~.04'
o
-1
PARCEL
208--
0 30 6O '12O
I 1
GRAPHIC SCALE: 1"=60'
^"~ I so. FE~
ASL Consulting Engineers
16241LAGUNA CYN.RD.
SUITE200
IRVINE, CA 92618
EXHIBIT "B"
PARCEL 208-1
1
~.R. ~?-528595
/
SHEET.1 OF 1
CURVE TABLE
CURVE DEL TA RADIUS LENGTH
C1 $1'13'48" 41.75' 22.76'
C2 00'30'12" 113&00' I0.00'
CJ 42'16'06" 51.75' 58.18'
PREPARED UNDER THE DIRECTION OJ~
EUGENE A. SHAFFER ,~?L.S. 4644
Resolution No. 03-82
Page 9 of 9