HomeMy WebLinkAboutCC RES 03-116RESOLUTION NO. 03- 116
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, FINDING THAT THE PROPOSED
VACATION OF DEL AMO AVENUE ADJACENT TO 15332
DEL AMO AVENUE (ASSESSOR'S PARCEL NO. 430-253-
13) WAS CONSIDERED IN THE FINAL ENVIRONMENTAL
DETERMINATION FOR THE NEWPORT AVENUE
EXTENSION, STATE ROUTE 55 NORTHBOUND RAMP
RECONFIGURATION, VALENCIA AVENUE AND DEL AMO
AVENUE WIDENING PROJECT-PHASE 1, (CIP NO. 7130)
AND APPROVING THE AGREEMENT REGARDING REAL
PROPERTY
The City Council of the City of Tustin hereby resolves as follows:
WHEREAS, the Orange County Teachers Federal Credit Union (OCTFCU) owns
improved real property at 15332 Del Arno Avenue (Assessor's Parcel No. 430-253-13),
Tustin, California, (hereinafter referred to as the "Property"); and
WHEREAS, the City may vacate Del Amo Avenue at the property frontage for a
potential future public purpose, and the property would lose frontage on that street; and
WHEREAS, the City desires to pay severance damages to the OCTFCU and the
OCTFCU desires to accept payment as full and complete compensation under
applicable law; and
WHEREAS, the vacation of Del Amo Avenue at the property frontage is
proposed in order to construct the Newport Avenue Extension, State Route 55
Northbound Ramp Reconfiguration, Valencia Avenue and Del Amo Avenue Widening
Project-Phase 1 (ClP No. 7130) (hereinafter referred to as the "Project"); and
WHEREAS, the proposed vacation of Del Amo Avenue adjacent to 15332 Del
Amo Avenue was considered in Final Environmental Impact Report 90-1 as revised by
Final Supplement #1; and
WHEREAS, on May 5, 2003, the Tustin City Council certified that Final
Environmental Impact Report 90-1 as revised by Final Supplement #1 adequately
addressed the environmental effects of the Project; and
WHEREAS, State law authorizes the City to pay severance damages for the
above stated purpose; and
WHEREAS, the owners of 15332 Del Arno Avenue (Assessor's Parcel No. 430-
253-13) have executed the Agreement Regarding Real Property.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Tustin, as
follows:
1. ENVIRONMENTAL FINDING
The City Council of the City of Tustin finds that effects of the proposed vacation
of Del Arno Avenue adjacent to 15332 Del Arno Avenue was considered in
Final Environmental Impact Report 90-1 as revised by Final Supplement #1 and
that no additional environmental review is required.
2. PUBLIC USE
The public use for which severance damages to 15332 Del Arno Avenue are
being paid (Assessor's Parcel No. 430-253-13) is for improvements to the
roadway system, to wit, Newport Avenue Extension, State Route 55
Resolution No. 03-116
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Northbound Ramp Reconfiguration, Valencia Avenue and Del Amo Avenue
Widening Project-Phase 1, (CIP No. 7130), within the City of Tustin.
3. DESCRIPTION OF PROPERTY AND EXTENT OF PROPERTY AFFECTED
The property to receive severance damages is described as a portion of
Assessor's Parcel No. 430-253-13, its address being 15332 Del Amo Avenue,
and more particularly shown in Exhibit A, attached and incorporated herein by
reference. The Agreement Regarding Real Property is attached as Exhibit 1.
4. AUTHORIZATION
The Agreement Regarding Real Property ("Agreement") is hereby approved
and the City Manager is authorized and directed to perform all acts necessary
on behalf of the City for payment of severance damages to the owner of said
property.
5. RECORDING
The City Clerk is hereby authorized and directed to record a certified copy of
this resolution at the Office of the County Recorder, County of Orange.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the 6th day of October 2003.
LS WORL
Mayor
City Clerk
STATE OF CALIFORNIA )
COUN'FY OF ORANGE )SS
CITY OF TUSTIN )
I, 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 is
five; that the above and foregoing Resolution was duly and regularly passed and adopted
at a regular meeting of the City Council held on the 6th day of October, 2003, by the
following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Worley, Kawashima, Bone, Davert, Thomas (5)
None (0)
None (0)
None (0)
PAMELA STOKER
City Clerk
Resolution No. 03-116
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AGREEMENT REGARDING REAL PROPERTY EXHIBIT 1
15332 DEL AMO AVENUE TUSTIN, CALIFORNIA
THIS AGREEMENT is entered into this day of ,2003, by
and among the City of Tusfin, a municipal corporation (hereinafter "City"), and Orange
County Teachers Federal Credit Union, a Federally Chartered Credit Union (hereinafter
"OCTFCU").
RECITALS
1. OCTFCU owns improved real property at 15332 Del Arno Avenue, Tustin,
California, which is shown on Exhibit "A" (hereinafter referred to as the "Property").
Exhibit "A" is attached hereto and is incorporated herein by this reference.
2. The City may vacate Del Amo Avenue at the property frontage for a
potential future public purpose, and the Property would lose frontage on that street.
This proposed project is shown on Exhibit "B" which is attached hereto and incorporated
by this reference.
3. The City desires to pay severance damages to OCTFCU and OCTFCU
desires to accept payment as full and complete compensation under applicable law.
NOW, THEREFORE, in view of the above-recitals and mutual promises and
covenants contained herein, the parties agree as follows:
AGREEMENT
Section 1. Payment of Severance Damages/Release
On the terms and conditions set forth herein City agrees to pay OCTFCU Eight
Hundred Sixty Thousand Dollars ($860,000) in severance damages for the vacation of
Del Amo Avenue at the property frontage. In exchange for receipt of this amount and
the performance of the construction contract items in Section 2, OCTFCU releases City
of any and all claims by OCTFCU under the United States Constitution Amendments 5
and 14, and for any and all claims under the California Constitution and California law,
including but not limited to, claims for relocation benefits and loss of goodwill.
Section 2. ConstrUction Contract Items
It is underStood and agreed by and between the parties hereto in addition to the
payment shown in Section 1 hereinabove, the City, its contractors or assigns, shall
perform,, at no expense to OCTFCU, the following construction contract items at the
time of construction of the proposed project:
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A. Revise the plans and specifications to relocate OCTFCU's future
southernmost driveway on Newport Avenue to coincide with the existing parking lot
aisle immediately north of the existing office building. The plans and specifications shall
also include a median opening on Newport Avenue to provide left turn access into said
driveway for southbound traffic on Newport Avenue. Both revisions to the plans and
specifications shall be as shown on the Dokken Engineering plan dated March 2003
and entitled "Newport Ave. Extension OCTFCU Parking Lot (New Proposed Plans)".
B. Construct the driveway access from Del Arno Avenue as shown on the
construction plans.
C. Close the existing driveway on Valencia Avenue and construct a new
driveway on Valencia Avenue immediately west of the railroad line as shown on the
construction plans.
Section 3. Attorneys' Fees
If any party files an action or brings any legal proceeding against the other arising
from this Agreement, the prevailing party shall be entitled to recover as an element of its
costs of suit, and not as damages, reasonable attorneys' fees to be fixed by the court.
The "prevailing party" shall be the party who is entitled to recover its costs of suit,
whether or not suit, proceeds to final judgment. A party not entitled to recover its costs
shall not recover attorneys' fees. No sum for attorneys' fees shall be included in
calculating the amount of a judgment for purposes of deciding whether a party is entitled
to its costs or attorneys' fees.
Section 4. Binding on Successors.
Except as otherwise provided herein, this Agreement inures to the benefit of, and
is binding on, the parties, their respective heirS, personal representatives, successors,
and assigns.
Section 5. Integration Clause
This Agreement constitutes the entire agreement among the parties and
supersedes all prior discussion, negotiations, and agreements whether oral or written.
Any amendment to this Agreement, including an oral modification supported by new
consideration, must be reduced to writing and signed by all of the parties before it will
be effective.
Section 6. No Representation Regarding Legal Effect of Document
No representation, warranty, or recommendation is made by OCTFCU or City or
their respective agents, employees, or attorneys regarding the legal sufficiency, legal
effect, or tax consequences of this Agreement or the transaction, and each signatory is
advised to submit this Agreement to his or her respective attorney before signing it.
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Section 7. Counterparts
This Agreement may be executed in counterparts, each of which so executed
shall, irrespective of the date of its execution and delivery, be deemed an original, and
all such counterparts together shall constitute one and the same instrument.
Section 8. Time is of the Essence
Time is of the essence of this Agreement, and failure to comply with the time
provisions of this Agreement shall be a material breach of this Agreement.
Executed on the date first above written.
CITY OF TUSTIN
ATTEST:
By:
Tracy Wills Worley, Mayor
Pamela Stoker
City Clerk
APPROVED AS TO FORM:
Lois E. Jeffrey
City Attorney
OCTFCU
By:
S:ICIP - Active / 7130. Newport Ave Reconfkj/AcquiSition: Purchase Agmt 15332 Del Arno 1.doc
Resolution No. 03-116
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On 08/25/03
before me,
Natalie Tomich, Notary Public
Nme ~ul Tltl~ of Officer
personally appeared
***Erin Mendez***
Name of ,qigner
proved to me on the basis of satisfactory evidence to be the
person whose name is subscribed to the within instrument
and acknowledged to me that she executed the same in her
authorized capacity, and that by her signature on the
instrument the person or the entity upon behalf of which
the person acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
#of Pages
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EXHIBIT A
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CITY
LOCATION MAP
COUNTY
OF
ORANGE
OWNER:
APN:
ADDRESS:
ORANGE COUNTY TEACHERS
FEDERAL CREDIT UNION
430-2,53-013
¶5332 DEL AMO AVENUE
COUNTY
OF
ORANGE
cn'Y
OF
IRVINE
m:
NO SCALE
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EXHIBIT B
Proposed Project
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Z
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