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HomeMy WebLinkAboutC.C. RES 03-097 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 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 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 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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 he 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 sower of eminent domain ("the right to take") to acquire the property described herein have seen 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; bo 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: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CI'FY 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 2"d day of September, 2003, by the following vote: COUNCILMEMBER AYES: Worley, COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED: None COUNCILMEMBER ABSENT: ~one City Clerk Kawashima, Bone, Davert, Thomas (s) (0) (0) 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 3 A. 4 5 B. 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- . EXH1rBTr "A" PARCEL 107-: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 1 AT PAGE 88 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGI'NNI'NG (P.O.B.) AT THE NORTHWES'FERLY 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':[4" EAST 22.89 FEET TO THE SOUTHERLY t/NE OF PARCEL A DESCRIBED AN EASEMENT DEED RECORDED 3ULY 29, 1959 IN BOOK 48J.7 AT PAGES 522-524 IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE ALONG SAID SOUTHERLY L/NE NORTH 89°58'39'' EAST 280.18 FEET TO THE NORTHWESTERLY LINE OF THE SOUTHEASTERLY 1032.80 FEET OF SAID NORTHEASTERLY ONE-HALF OF LOT I IN BLOCK 12 OF [RVINE'S SUBDIVISION; THENCE ALONG SAID NORTHWESTERLY LINE, SOUTH 39°55'33" WEST 13.04 FEET TO A LINE PARALLEL W1TH AND 10.00 FEET SOUTHERLY OF SAID SOUTHERLY lINE OF PARCEL A; THENCE ALONG SAID PARALLEL LINE, SOUTH 89o58'39'' WEST 263.66 FEET; THENCE LEAVING SAID PARALLEL I/NE, SOUTH 63°49'08'' WEST 20.66 FEET TO THE NORTHEASTERLY I/NE OF SAID LOT I OF TRACT NO. 10563; THENCE ALONG SAID NORTHEASTERLY LINE NORTH 49*59'54" WEST 12.65 FEET TO THE POINT OF BEGINNING. CONTA];N]:NG 2,984 SQUARE FEET = 0.07 ACRES, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B", A'I-FACHED HERETO AND BY REFERENCE MADE A PART THEREOF. EUGEN------~HAFFER, ES. ~6~/// DATE LICENSE EXPIRES SEPTEMBE~30~002 EXHIBIT "B" PARCEL 107-1 LOT 1 TRACT NO. 10563 M M 446/14-16 / / 5182-7 / .',,o 10' LINE TABLE LINE BEARING LENGTH L1 N61'19'14"E 22.89' L2 S39°55 ',3,3"w 13. 04' L3 S6J'49 'O8"W 20.66' L4 N#9'59'54"W 12,65' 0 25 50 1 O0 GRAPHIC SCALE: 1"=50' ^REAso. r~ ^CRES lSD. ~r~s 2,~ I o.o~) ASL Consulting Engineers 16241 ~GUNA CYN. SUITE 200 [RVINE, CA 92618 ,{949) 727-7099 FAX:(949) 727--7097 SHEET 1 OF 1] PREPARED UNDER THE DIRECTION OF LICENSE [XP~RES 0~/30/t~02 P~ EXHZBI'I' "A' PARCEL 207-1 TEMPORARY CONSTRUCTI'ON EASEMENT THAT PORTiON OF THE NORTHEASTERLY ONE-HALF OF LOT ! 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: COMMENCING (P.O.C.) 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 ALONG THE NORTHEASTERLY LINE OF SAID LOT i SOUTH 49°59'54" EAST 12.65 FEET TO THE TRUE POI'NT OF BEG'rNN]:NG (T.P.O,B.); THENCE LEAVING SAID NORTHEASTERLY LINE NORTH 63°49108'' EAST 20.66 FEET; THENCE NORTH 89°58'39" · EAST 263.66 FEET TO THE NORTHWESTERLY LINE OF THE SOUTHEASI-ERLY 1032.80 FEET OF SAID ONE-HALF OF LOT 1 IN BLOCK 12 OF IRVINE'S SUBDMS]ON; THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 39°55~3'' 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 i OF TRACT NO. I0563; THENCE ALONG SAID NORTHEASTERLY LINE NORTH 49°59'54" WEST !0.93 FEET TO THE TRUE POINT OF BEGZNNING. CONTA]NZNG 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 ~/~'. SHAFFER, L.S.~// LICENSE EXPIRES SEPTE~,~0, 2002 DATE EXHIBIT "B" SHEET 1 OF 1 LOT 1 TRACT NO. 10563 M M 446114-16 PARCEL 207-1 LINE TABLE LINE BEARING LENGTH L 1 S49'59 '54 "E t,2.65' L2 N63'49 '08 "E 20. 66' L3 539'55 '33"W 15.04' L 4 563'49 '08"W 13, 92' L5 N49'59'54"W I 10.93' 0 25 50 100 I~ ~ I GRAPHIC SCALE: 1"--50' AREA [ SQ. FEET ACRES SO. METERS f 2,756 0.06 ~,SL Consulting Engineers 1624-1 LAGUNA CYN. RD. SUITE 200 IRVINE, CA 92618 (94-9) 727-7099 FAX:(949) 727-7097 PREPARED UNDER THE DIRECTION OF . LICENSE EXPIRES 09/30/20~2,~,/ 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~,~'ID H '~IL-L3A, I~IS, P L S EXPIRATION DATE: 6/30/04 P:\Land\SURVEY~P03291-TUSTIN\TCE-IRVINE & NEWPORT.doc LOT T R A C -I' N O, EXHIBIT "B" PARCEL 307-1 TEMPORARY CONSTRUCTION EASEMENT SHEET 1 OF © \ 0 t~ ~ ~ ~ ~ ~ ) 390-8000 i.,~'ZO CAR[VR~HT [~OAD PAL,~I DE~ER~ ~760) 674-0629 DA'iII) H W~LIAMS SUITE 500. IRVINE. CA. 9261~ PASADENA (818) 6~3-0066 DIRECTION OF P'r.S 4:!3! LICE'NSE EX°tRES 06,'30,/2004