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HomeMy WebLinkAbout12 PARCEL ACQUISITION 09-02-03AGENDA REPORT 12 Agenda Item Reviewed: City Manager ~ Finance Director MEETING DATE: SEPTEMBER 2, 2003 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION APPROVAL OF THE RESOLUTION OF NECESSITY ACQUISITION OF PARCEL APN BOULEVARD/NEWPORT AVENUE PROJECT (CIP NO. 7118) FOR THE 500-102-01 FOR THE IRVINE INTERSECTION ENHANCEMENT SUMMARY The proposed resolution 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 property is required: Assessor Parcel Current Number (APN) Owner Location Land Use 500-102-01 Saul Stevens, Trustee 1000- 1036 Irvine Blvd. Commercial Negotiations with the owner of this parcel have reached an impasse and in order to acquire the needed property in a timely manner the Resolution of Necessity needs to be adopted. RECOMMENDATION It is recommended that the City Council adopt Resolution No. 03-97 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 as a portion of Assessor Parcel No. 500-102-01, and to obtain immediate possession, thereof, for the Irvine Boulevard/Newport Avenue Intersection Enhancement Project and declaring the public convenience and necessity thereof. FISCAL IMPACT The Irvine Boulevard/Newport Avenue Intersection Enhancement Project (ClP No. 7118)is included in the City's FY 2003-04 Capital Improvement Program Budget. Right-of-way acquisition funds for this project consist of Measure "M" Competitive Funds, Measure "M" Turnback Funds, Santa Ana- Tustin Transportation System Improvement Authority Funds and Proposition 111 Gas Tax Funds. Adoption of the Resolution of Necessity will authorize the City to post a deposit of $328,253 for right- of-way acquisition of a portion of Assessor Parcel No. 500-102-01 and acquisition of leasehold interests and fixtures and equipment from the property owner and two tenants. Additional costs will include the cost of legal counsel for the eminent domain process, relocation costs of the two tenants, and possible loss of goodwill for both tenants. Approval of the Resolution of Necessity for the Acquisition of Parcel APN 500-102-01 for the Irvine Blvd./Newport Ave. Intersection Enhancement Project September 2, 2003 Page 2 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, seven properties are in the eminent domain process, five (5) properties have closed escrow, and one (1) property is in escrow. For the subject property, the City has reached an impasse with the property owner or is not confident that an appropriate settlement on this property can be obtained in a timely manner. 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. 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. Approval of the Resolution of Necessity for the Acquisition of Parcel APN 500-102-01 for the Irvine Blvd./Newport Ave. Intersection Enhancement Project September 2, 2003 Page 3 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. 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. 500-102-01 is currently improved with two single-story retail/office buildings and supporting yard improvements. The more westerly building located at 1000-1030 Irvine Boulevard will be demolished to mitigate severance damages, caused by the loss of thirteen (13) existing parking spaces as a result of the road widening. A retail office user currently occupies one suite in this building. A second suite was recently vacated by a hair and nail salon. Both tenants will be compensated for the value of their lost furniture, fixtures and equipment. They will be entitled to relocation costs. They have been informed in regards to their right to submit a claim for loss of goodwill. The more easterly building currently located at 1032-1036 Irvine Boulevard has three suites and will not be impacted by the proposed acquisition for the subject project. Other improvements affected include a section of asphalt concrete paving and an approximately 15-foot high metal pole monument sign with three double-sided plastic faces. The project contractor will relocate the monument sign, transition the remaining asphalt concrete with the proposed street widening improvements, and provide asphalt concrete paving for additional parking spaces after removal of the westerly building. 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. Approval of the Resolution of Necessity for the Acquisition of Parcel APN 500-102-001 for the Irvine Blvd./Newport Ave. Intersection Enhancement Project September 2, 2003 Page 4 C. The subject property interests are necessary for the proposed project. For parcel 500-102-01 (Saul Stevens, Trustee) the construction of the Irvine Boulevard/Newport Avenue Intersection Enhancement Project necessitates acquisition of a portion of the property. The subject property is depicted on Exhibit B attached to the Resolution of Necessity. Right-of- way documentation in the form of a legal description is attached as Exhibit A to the Resolution of Necessity (Resolution No. 03-97, APN 500-102-01, Saul Stevens, 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 the property. 2. Reviewed and approved the appraisal, and established just compensation in an amount not less than the approved appraisal. 3. Determined the owner of the property by examining the County Assessor's records. 4. Made a written statutory offer to the property owner for the full amount of just compensation, which was not less than the approved appraised amount. Approval of the Resolution of Necessity for the Acquisition of Parcel APN 500-102-001 for the Irvine Blvd./Newport Ave. Intersection Enhancement Project September 2, 2003 Page 5 The 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 letter dated August 8, 2003, City staff notified the property owner of these rights. A copy of this letter is attached as Exhibit C. The property owner has 15 days to file a request with the City Clerk to speak on September 2, 2003. Mr. Dennis D. Hayden, Attorney at Law, representing the property ownership, submitted a letter dated August 19, 2003 (attached) to the City Clerk, which was timely filed, requesting the right to appear and be heard on September 2, 2003 concerning the City's consideration of the adoption of a Resolution of Necessity. Based on the evidence provided above, and testimony received at the hearing, it is recommended that the City Council adopt the Resolution of Necessity (Resolution No. 03-97) authorizing and directing the City Attorney and/or Special Legal Counsel to acquire by condemnation certain real property interests described as a portion of Assessor Parcel Number 500-102-01 (Saul Stevens, 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 3.doc. Attachments: Resolution of Necessity Appendix A to the Resolution of Necessity Notice of Intent to Adopt Letter from Dennis D. Hayden, Attorney at Law, dated August 19, 2003 Resolution of Necessity Appendix A to the Resolution of Necessity Notice of Intent to Adopt For Saul Stevens, Trustee 1000-1036 Irvine Blvd. APN 500-102-01 Resolution No. 03-97 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. 03-97 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 '1'O 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 1000-1036 Irvine Boulevard (APN 500-102-01 ); 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 southeast corner of the intersection of Irvine Boulevard and 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, some or portions of the property and interests therein hereinafter described are being acquired as a "remnant" pursuant to Code of Civil Procedure Section 1240.410; and WHEREAS, some or portions of the property and interests therein hereinafter described are being acquired for a compatible joint use pursuant to Code of Civil Procedure Section 1240.510; and WHEREAS, the Project is part of the City's Capital Improvement Program, and on 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 August 13, 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. -2- 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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 September 2, 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 September 2, 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. 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; 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; -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 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 2nd day of September 2003 ATTEST: Tracy Wills Worley Mayor PAMELA STOKER CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) RESOLUTION NO. 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 ., 200_, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNClLMEMBER ABSTAINED: COUNClLMEMBER ABSENT: PAMELA STOKER City Clerk -4- 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 Ao Exhibit "A" Exhibit "A" Exhibit "A" Appendix A CONTENTS Legal Description Parcel 107-1 Legal Description Parcel 207-1 Temporary Construction Easement Legal Description Parcel 307-1 Temporary Construction Easement -5- EXHTBTT "A" PARCEL 107-1 THAT POR'F~ON OF THE NORTHEASTERLY ONE-HALF OF LOT 1 IN BLOCK 12 OF IRVINE'S SUBDIVISION, IN THE C!T OF TUST~N, 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, DESCR/BED AS FOLLOWS: BEGTNNTNG (P.O.B.) AT THE NORTHWESTERLY CORNER OF LOT I OF TRACT NO. 10563 AS SHOWN ON A MAP RECORDED IN BOOK 446 AT PAGES 14-16 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE NORTH 61°19'14" EAST 22.89 FEET TO THE SOUTHERLY LINE OF PARCEL A DESCRIBED AN EASEMENT DEED RECORDED JULY 29, 1959 IN BOOK 4817 AT PAGES 522-524 IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE ALONG SAID SOUTHERLY LINE NORTH 89058'39" EAST 280.18 FEET TO THE NORTHWESTERLY LINE OF THE SOUTHEASTERLY 103Z.80 FEET OF SAID NORTHEASTERLY ONE-HALF OF LOT i IN BLOCK 12 OF IRVINE'S SUBDIVISION; THENCE ALONG SAID NORTHWESTERLY LINE, SOUTH 39055'33" WEST 13.04 FEET TO A LINE PARALLEL WITH AND 10.00 FEET SOUTHERLY OF SAID SOUTHERLY LINE OF PARCEL A; THENCE ALONG SAID PARALLEL LINE, SOUTH 89058'39" WEST 263.66 FEET; THENCE LEAVING SAID PARALLEL LINE, SOUTH 63049'08'' WEST 20.66 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 1 OF TRACT NO. 10563; THENCE ALONG SAID NORTHEASTERLY LINE NORTH 49059'54'' WEST 12.65 FEET TO THE POZNT OF BEGZNNZNG. CONTAZNZNG 2,984 SQUARE FEET = 0.07 ACRES, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIB1-F "B", ATTACHED HERETO AND BY REFERENCE MADE A PART THEREOF. EUGEN-----~HAFFER, L.S. 4644~// DATE LICENSE EXPIRES SEPTEMBE~'30,,~)02 EXHIBIT "B" PARCEL 107-1 5182--7 LOT 1 TRACT NO. 10563 M M 446/14-16 LINE TABLE LINE BEARING LENGTH L? NSI'19'14"E 22.89' L2 S`39'55 '`3.~ "W 1,3. 04' L3 S63'49 '08 "W 20. 66' L4 N49'59 '54 "W 12. 6.5' 0 25 50 1 O0 I I GRAPHIC SCALE: 1"=50' AREA SQ FE~ ACRES SO METERS 2,984 0.07 ASL Consulting Engineers 16241 LAGUNA CYN. RD. SUITE 200 IRVINE, CA 92618 ~,,f949).. 727--7099 FAX: 949) 727-7097 10' SHEET 1 OF 1 PREPARED UNDER THE DIRECTION OF L~C~NS~ ~×m~£S 09/~0/~0D2 M EXHIBIT "A' PARCEL 207-1 TEMPORARY CONSTRUCT'TON EASEMENT 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 CAI TFORNIA, 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: COMMENCING (P.O.C.) AT THE NORTHWESTERLY CORNER OF LOT 1 OF TRACT NO. 10563 AS SHOWN ON A MAP RECORDED IN BOOK 446 AT PAGES 14-16 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT i SOUTH 49°59'54" EAST 12.65 FEET TO THE TRUE POINT OF BEGINNING (T.P.O.B.); THENCE LEAVING SMD NORTHEASTERLY ITNE NORTH 63049'08" EAST 20.66 FEET; THENCE NORTH 89°58'39' EAST 263.66 FEET TO THE NORTHWESTERLY LINE OF THE SOUTHEASTERLY 1032.80 FEET OF SAID ONE-HALF OF LOT 1 IN BLOCK 12 OF IRVINE'S SUBDIVISION; THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 39°55'33'' WEST 13.04 FEET; THENCE SOUTH 89058'39'' WEST 252.96 FEET; THENCE SOUTH 63°49'08' WEST 13.92 FEET TO THE NORTHEASTERLY LINE OF SAID LOT [ OF TRACT NO. 10563; THENCE ALONG SAID NORTHEASTERLY ITNE NORTH 49059'54" WEST 10.93 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 2,756 SQUARE FEET = 0.06 ACRES, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBTT "B", ATTACHED HERETO AND BY REFERENCE MADE A PART THEREOF. EUGENE'. SHAFFER, L.S.~/ LICENSE EXPIRES SEPTE~,~g'~0~002 LOT 1 TRACT NO. 10563 M M 446/14-16 / / EXHIBIT "B" PARCEL 207-1 LINE TABLE LINE BEARING LENGTH L 1 ,949'59 '54 "E 12.65' L2 N6,3'49 '08 "E 20.66' L5 S59'55 ',3Z, "W 1,3.04' L4 $6,3'49'08"W 1,3.92' L5 N49'59'54"W 10.9,3' 0 25 50 100 I I GRAPHIC SCALE: 1"=50' AREA [ SQ. FEET ACRES SQ. METERS ASL Consulting Engineers 16241 LAGUNA CYN RD. SUITE 200 IRVlNE, CA 92618 %,(949) 727--7099 FAX:(949) 727 7097 10' SHEET 1 OF 1 PREPARED UNDER THE DIRECTION OF LICENSE EXPIRES EXHIBIT "A" PARCEL 307-1 TEMPORARY CONSTRUCTION EASEMENT LEGAL DESCRIPTION: 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 A MAP FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 1 OF TRACT NO. 10563 AS SHOWN ON A MAP FILED IN BOOK 446, PAGES 14 THROUGH 16 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT 1 SOUTH 49° 59' 54" EAST 23.58 FEET TO THE TRUE POINT OF BEGINNING (T.P.O.B.) THENCE CONTINUING ALONG SAID NORTHEAST LINE OF LOT 1 SOUTH 49° 59' 54" EAST 117.19 FEET; THENCE LEAVING SAID NORTHEAST LINE NORTH 40° 01' 07 .... EAST 106.46 FEET TO A LINE PARALLEL WITH AND 70.00 FEET SOUTHERLY OF THE CENTERLINE OF IRVINE BOULEVARD; THENCE ALONG SAID PARALLEL LINE SOUTH 89° 58' 39" WEST 145.74 FEET; THENCE SOUTH 63° 49' 08" WEST 13.92 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 6,686 SQUARE FEET MORE OR LESS. ALL AS SHOWN ON EXHIBIT "B" ATTACHED HERETO A~DMADE A PART HEREOF. D ,s EXPIRATION DATE: 6/30/04 P:\Land\SURVEY\P03291-TUSTIN\TCE-IRVINE & NEWPORT.doc N o, EXHIBIT "B" PARCEL 307-1 TEMPORARY CONSTRUCTION EASEMENT SHEET 1 OF 1 OR. 89 0J0205~. XP.O.B. 1©66,3 × I ). J~ 10' 0 25 50 1 O0 I r GRAPHIC SCALE: 1"=50' PREPARED UNDER ~HE DIRECTION OF TETRA TECH INC. ,RV,N6 (714) 727 7099J ONTARIO (909/ 390-8000I 17~70 CAPTWR!GH7 RO&D PP, Lb'I DESERT {760) 674-062a SUITE 500 iP, VINE GA 92614 PASADENA (818) 685-00~I 949 25(,-67a8 SAr~ DIESC, (619~ 675-~C5I _LIAk4~ LICENSE EXPIRES 06,'30,/2004 Public Works / Engineering August 13, 2003 Saul Stevens, Trustee cio Shirley Griset 2620 Second Avenue, #11-A San Diego, CA 92103-6546 Re; City of Tustin 300 Centennial Way Tustin, CA 92780-3715 (714) 573-3150 FAX (714) 734-8991 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: 1000 - 1036 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 September 2, 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, September 2, 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; Stevens Trustee Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by Eminent Domain August 13, 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). Stevens Trustee Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by Eminent Domain August 13, 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. Stevens Trustee Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by Eminent Domain August 13, 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 August 13, 2003. William A. Huston, City Manager c: Dennis Hayden 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/Stevens Eminent 4 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 RESOLUTION NO. 03-97 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 IRVlNE 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 1000-1036 Irvine Boulevard (APN 500-102-01); 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 southeast corner of the intersection of Irvine Boulevard and 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, some or portions of the property and interests therein hereinafter described are being acquired as a "remnant" pursuant to Code of Civil Procedure Section 1240.410; and WHEREAS, some or portions of the property and interests therein hereinafter described are being acquired for a compatible joint use pursuant to Code of Civil Procedure Section 1240.510; and WHEREAS, the Project is part of the City's Capital Improvement Program, and on 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 August 13, 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 ~ncorporated 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. -2- 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 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 September 2, 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 September 2, 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. 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. 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: 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; 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; -3- 1 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 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 2nd day of September 2003 ATTEST: Tracy Wills Worley Mayor PAMELA STOKER CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) RESOLUTION NO. 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 , 200_, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk -4- 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 1 2 3 A. 4 5 B. 6 C. Exhibit "A" Exhibit "A" Exhibit "A" Appendix A CONTENTS Legal Description Parcel 107-1 Legal Description Parcel 207-1 Temporary Construction Easement Legal Description Parcel 307-1 Temporary Construction Easement -5- EXHTBIT "A' PARCEL 107-1 THAT PORTION OF THE NORTHEASTERLY ONE-HALF OF LOT 1 IN BLOCK 12 OF IRVINE'S SUBDIVISION, IN THE CTTY OF TUST[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: BEGINNING (P.O;B.) AT THE NORTHWESTERLY CORNER OF LOT I OF TRACT NO. 10563 AS SHOWN ON A MAP RECORDED TN BOOK 446 AT PAGES 14.-16 OF MTSCELLANEOUS MAPS TN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE NORTH 61°19'14" EAST 22.89 FEET TO THE SOUTHERLY LINE OF PARCEL A DESCRIBED AN EASEMENT DEED RECORDED JULY 29, 1959 TN BOOK 4817 AT PAGES 522-524 TN THE OFF[CE OF THE RECORDER OF SAID COUNTY; THENCE ALONG SAID SOUTHERLY LINE NORTH 89°58'39" EAST 280.18 FEET TO THE NORTHWESTERLY LINE OF THE SOUTHEASTERLY :1.032.80 FEET OF SAID NORTHEASTERLY ONE-HALF OF LOT i ]'N BLOCK 12 OF TRVINE'S SUBDIVISTON; THENCE ALONG SAID NORTHWESTERLY LINE, SOUTH 39°55'33" WEST 13.04. FEET TO A LINE PARALLEL WITH AND 10.00 FEET SOUTHERLY OF SAID SOUTHERLY LINE OF PARCEL A; THENCE ALONG SAID PARALLEL LINE, SOUTH 89058'39'' WEST 263.66 FEET; THENCE LEAVING SAID PARALLEL LINE, SOUTH 63°49'08" WEST 20.66 FEET TO THE NORTHEASTERLY LINE OF SAID LOT I OF TRACT NO. 10563; THENCE ALONG S/LTD NORTHEASTERLY L/NE NORTH 49059'54'' WEST 12.65 FEETTO THE POTNT OF BEGZNNTNG. coNTATNZNG 2,984 SQUARE FEET = 0.07 ACRES, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B"~ AI-I'ACHED HERETO AND BY REFERENCE MADE A PART THEREOF. EUGENE2~HAFFER, L.S. 4644/~/~// DATE LICENSE EXPIRES SEP MBE 0 :' 02 EXHIBIT "B" PARCEL 107-1 O.R. 89-050205----. LOT 1 TRACT NO. 10563 M M 446/14-16 / P.R. 5182-7 10' LINE TABLE LINE BEARING LENGTH L1 N61'I9'14"E 22.89' L2 $59'55 '..z3 "W 15. 04' LJ S6~'49 '08 "W 20, 65' L4 N49'59 '54 "W 12. 65' 0 25 5O 100 GRAPHIC SCALE: 1"=50' AREA I SC FEET I ACRES I SC METERS 2,984 ! O.07 ASL Consulting Engineers 1624! LAGUNA CYN RD SUITE 200 iRV!NE, CP 92615 SHEET 1 OF 1TM FREPARED UNDER THE DIRECTION OF EXHIBIT "A' PARCEL 207-1 TEMPORARY CONSTRUCTION EASEMENT 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 1 AT PAGE 88 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCZNG (P.O.C.) AT THE NORTHWESTERLY CORNER OF LOT 1 OF TRACT NO. 10563 AS SHOWN ON A MAP RECORDED IN BOOK 446 AT PAGES 14-16 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE ALONG THE NORTHEASTERLY ITNE OF SAID LOT 1 SOUTH 49°59'54" EAST 12.65 FEET TO THE TRUE POINT OF BEGINNING (T.P.O.B.); THENCE LEAVING SAID NORTHEASTERLY LINE NORTH 63049'08'' EAST 20.66 FEET; THENCE NORTH 89o58'39'' EAST 263.66 FEET TO THE NORTHWESTERLY LINE OF THE SOUTHEASTERLY 1032.80 FEET OF SAID ONE-HALF OF LOT ! IN BLOCK 12 OF IRVINE'S SUBDIVISION; THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 39055'33'' WEST 13.04 FEET; THENCE SOUTH 89°58'39'' WEST 252.96 FEET; THENCE SOUTH 63°49'08'' WEST 13.92 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 1 OF 'TRACT NO. 10563; THENCE ALONG SAID NORTHEASTERLY LINE NORTH 49059'54'' WEST 10.93 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 2,756 SQUARE FEET = 0.06 ACRES, MORE OR LESS. ALL AS MORE PARTiCULARLY SHOWN ON EXHIBIT "B", ATTACHED HERETO AND BY REFERENCE MADE A PART THEREOF. EUGENE c/~. SHAFFER, L.S. ~// ITCENSE EXPIRES SEPTE~O, 2002 LOT 1 TRACT NO. 10563 M M 446/14-16 O.R. / / EXHIBIT "B" PARCEL 207-1 T.P.O.B.-~ LINE TABLE LINE BEARING LENGTH L 1 S49'59 '54 "E 12. 65' L2 W6J'49 '08"E 20. 66' LJ SJ£'55'JJ"W 1J. 04' L4 S6Z'49'OS"W 1J. 92' L5 N49'59 '5# "W 10. 9J' 0 25 50 100 ~ I GRAPHIC SCALE: 1"=50' ARE/- i SO FEE1 ACRES I SC, METERS i 2,756 i 0.06 I I , ASL Consulting Engineers 1624~ LAGUN,~ CYN RD SUITE 2O0 SHEET 1 OF 1' 10' PREPARED UNDER THE DIRECTfON OF LICENSE EX~IRE-2 09',70 '~(~2 EXHIBIT "A" LEGAL DESCRIPTION: PARCEL 307-1 TEMPORARY CONSTRUCTION EASEMENT 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 A MAP FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 1 OF TRACT NO. 10563 AS SHOWN ON A MAP FILED IN BOOK 446, PAGES 14 THROUGH 16 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LQT 1 SOUTH 49° 59' 54" EAST 23.58 FEET TO THE TRUE POINT OF BEGINNING (T,P.O.B,) THENCE CONTINUING ALONG SAID NORTHEAST LINE OF LOT 1 SOUTH 49° 59' 54" EAST 1t7.19 FEET; THENCE LEAVING SAID NORTHEAST LINE NORTH 40° 01' 07 .... EAST 106.46 FEET TO A LINE PARALLEL WITH AND 70.00 FEET SOUTHERLY OF THE CENTERLINE OF IRVlNE BOULEVARD; THENCE ALONG SAID PARALLEL LINE SOUTH 89° 58' 39" WEST 145.74 FEET; THENCE SOUTH 63° 49' 08" WEST 13.92 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 6,686 SQUARE FEET MORE OR LESS. ALL AS SHOWN ON EXHIBIT "B" ATTACHED HERETO A~.DMADE A PART HEREOF. D' - ID H'CJiL-LIAI~IS, P L S EXPIRATION DATE: 6~30~04 P:\Land\SURVEY\P03291-TUSTIN\TCE-IRVINE & NEWPORT.doc M M 44~114~1.6 O.R. 5 EXHIBIT "B" SHEET 1 OF 1 PARCEL 307-1 TEMPORARY CONSTRUCTION EASEMENT 0 25 50 1 O0 I GRAPHIC SCALE: 1"=50' No. 4131 TETRA TECH INC. ~wm: ~'s~4) ~-xossl ONT&~IC (909! 59~,2,-8000 ! ~'', ,, .... .,Z ~T~r,, .,, ,~,.~m7 AOAF, m~,~ h' [?'E'Z[ R~ ~760) 6'4-0629 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, 92780-3715. On August 13, 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: [] (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 parties via facsimile transmission to the fax number(s) as stated on the attached service list. (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. (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 August 13, 2003 at Tustin, California. Eatherine Barr Office Suppod Specialist S:\CIP Projects - Active\7118 - Irvine-Newport~Acquisition\Proof of Service By Mail. DOC DENNIS D. HAYDEN August 19, 2003 RECEIVED AUG 1 9 25)3 BY CITY CLERK'S OFFICE City Clerk City of Tustin 300 Centennial Way Tustin, CA 92780-3715 Re: REQUEST TO APPEA/~ A_ND BE HEAleD September 2, 2003 Hearing of the City Council Re: Proposed adoption of Resolution of Necessity to Acquire Property by Eminent Domain Resolution No. 03-97 Irvine Boulevard/Newport Avenue Intersection Enhancement Project (CIP 7118) Property: 1000 - 1036 Irvine Boulevard To the Honorable City Clerk and the City Council: The undersigned on behalf of Shirley Griset and Saul Stevens trustee owners of the property described as 1000 - 1036 Irvine Boulevard request the right to appear and be heard at the hearing scheduled for Monday, September 2, 2003 at 7:00 p.m. and at any postponement or continence of said hearing re the adoption of a Resolution of Necessity to acquire said property by eminent domain. The proposed Resolution No. 03-97 should not be adopted for the following reasons: so do The public interest and necessity do not require the proposed project The proposed project is not planned or located in the manner that will be most compatible with the greatest public good and the least private injury; The property sought to be acquired by eminent domain and described in the Resolution of Necessity is not necessary for the proposed project in particular the property described in exhibit B, parcel 307-1 the proposed temporary construction easement which is excessive and not necessary for the proposed project and involves the City's demolition of an existing building on the site. The offer by the City is not in the form or amount required in that there is no necessity for the taking involving the DENI1qI$ D. HAYDE'N ATTORNEY AT LAW City Clerk, City of Tustin Re: REQUEST TO APPEAR AND BE HEARD September 2, 2003 August 19, 2003 Page Two fo demolition of the owner's building. The City has not complied with all conditions and statutory requirements necessary to exercise the power of eminent domain involving the demolition of the owner's building The City does not have statutory authority to acquire the property involving the demolition of the owner's building since the proposed project has not been planned or located in a manner that will be most compatible with the greatest public good and the least private injury. Saul Stevens trustee owners of the above described property