HomeMy WebLinkAboutC.C. RES 03-084RESOLUTION 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 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 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
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
Resolution No. 03-84
Page 1 of 8
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 Capita~l 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.
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).
Resolution No. 03-84
Page 2 of 8
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:
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 WI k/liS WORLEY
MAYOR
PA'-I~LA 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. 03-84 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:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
None (0)
None (0)
None (0)
CITY CLERK
Resolution No. 03-84
Page 3 of 8
Appendix A
CONTENTS
A.
Exhibit"A" Legal Description Parcel 102-1
Exhibit "A" Legal Description Parcel 202-1
Temporary Construction Easement
Resolution No. 03-84
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EXHI'BTT "A'
PARCEL 102-1
THAT PORTION OF LOT 9 OF THE VANDERLIP AND ROWAN TRACT, IN THE CITY OF 1-US-FiN, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON NAP RECORDED IN BOOK 5 PAGE 160 OF
MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY~ CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGZNNZNG (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 INSTRUMENT 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 FEETTO A LINE
PARALLEL WITH AND 7.00 FEET 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 00°07'4.2" WEST 7.00 FEET TO THE POINT OF BEGZNNING.
CONTAINZNG 291 SQUARE FEET = 0.01 ACRES, MORE OR LESS.
ALL AS SHOWN ON EXHIBIT"B"~ ATTACHED HERETO AND BY REFERENCE MADE A PART THEREOF.
LiS. BATEMAN, P.L.S. #3757
LICENSE EXPIRES 3UNE 30, 2004
DATE
~nts 1 -irv~engin~3291\0008~survey~ROW~OARCEL102-1 .doc
Last printed 05/09/02 10:08 AM
Resolution No. 03-84
Page 5 of 8
i:./~MII:II I
PARCEL 102-1
HOLT
LINE TABLE
LINE B~RING LENGTH
LI NBg'SB'.79"E . 45.08'
,,,
L2 S44'58 '.39 '~ 9.90'
L3 S89'58'39 "W .38. 07'
L4 NOO'O T°4 2 "W 7.00'
AVE.
E'L Y LINE O.R. BK 5161, PG 84
PARCEL 102--
O.R. 91-
i
II r'--P.O.B.
O.R. 4788-460
LOT g.. ' '
0 2O 40 8O
I I
GRAPHIC SCALE: 1"=4-0'
J' AREA I so. FEET ACRES so. U~ERSI
I 2~ o.o~
ASL Consulting Engineers
SUITE 200
IRVINE. CA 92618
(949) 727-7099 FAX:(949) 727-7097
ILl
PREPARED UNDER THE DIRECTION OF
Z/5 z
L.S. BATEMAN, P.L,S' '3757 DATE
UCENSE EXPIRES 06/30/2004
Resolution No. 03-84
Page 6 of 8
F. XHIBIT "A"
PARCEL 202-1
TEMPORARY CONSTRUCTION-EASEMENT
THAT PORTION OF LOT 9 OF THE VANDERLIP AND ROWAN TRACT,' IN THE C1TY 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:
BEG:INNING (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 q4°58'39"
WEST 9.90 FEET; THENCE SOUTI-I 89°58'39'' WEST 42.19 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
00°07'42" WEST 10.00 FEET; THENCE NORTH 89°58'39" EAST 38.07 FEET; THENCE
NORTH 44°58~39'' FAST 9.90 FEET TO WESTERLY PROLONGATION OF THE SOLrl'HERLY
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
BEGINNZflG.
CONTAZNI'NG 1,560 SQUARE FEET: 0.04 ACRES, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON F_.XHIBIT "B~ ATTACHED HERETO AND BY' REFERENCE MADE
A PART THEREOF.
· .
. EUGE~AFFER, L.S. 4~'4~///'-/// '
LICENSE EXPIRES SEPTEMBER,oW0,~2
N :~ 291 ~0008~'Urvey\ROW'~ARCEI. Z02-1 .doc
Last printed 06/'1//02 11.-05 AM
Resolution No. 03-84
Page 7 of 8
EXHIBIT "B"
PARCEL 202-1
HOLT
FE'LY LINE O.R. BK 5161 PC 84
LINE TABLE
LINE BEARING LENGTH
,,,
L I S00'02 '43"E 10.00'
L2. 544'58 '39 "W 9.90,
LJ S89'58'$9"W 42. 19'
L4 N00'07'#2 "W 10.00'
L5 N89'58'J9 "E ~8. 0 ?'
L6 N44'SB'39"E 9.90'
L4
O.R. 4788-460
O.R. 91-12~57~
PARCEL 202-1
10'
,PO E, LO T 8 10'
V A ND ERLJ.P & RO W AN TRAC T
JV£R,L.A, C O, -5 '18 0 ~
E'LY LINE O.R. 9,.T-,
F_?%._~o.R. 91
% 0.~, ~'~-
0 20 40 80
GRAPHIC SCALE: 1"=40'
ASL Consultin~ Engineers
16241 ~GUNA CYN. RD.
SUITE 200
I~INE, CA 92518
949) 727-7099 FAX:(949) 727-7097
O.R. 2269-81
AVE.
PREPARED UNDER THE DIRECTION OF . .,.
LICENSE EXPIRES 09/30/200/ /
Resolution No. 03-84
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