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HomeMy WebLinkAbout01 ACQUIS. OF PARCELS 11-25-03AGENDA REPORT Agenda Item ~ Reviewed: /1,~ City Manager ~ Finance Director _.~l~_ MEETING DATE: NOVEMBER 25, 2003 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER CITY MANAGER'S OFFICE APPROVAL OF THE RESOLUTIONS OF NECESSITY FOR THE ACQUISITION OF PARCELS APN 401-593-01, APN 401-593-02, APN 401-593-03, AND APN 401-593-04 FOR THE TUSTIN LIBRARY EXPANSION PROJECT. SUMMARY The proposed Resolution Nos. 03-133 and 03-134 will authorize Legal Counsel to acquire property by condemnation for the Tustin Library Expansion Project. In order to construct this project, acquisition of property is required as follows: Assessor Parcel Current Number (APN) Owner Location Land Use 401-593-03 401-593-02 401-593-01 Walter & Marilyn Emery Walter & Marilyn Emery Walter & Marilyn Emery 330-334 S. Preble Dr. 320-324 S. Preble Dr. 280-284 E. Third St. Residential Triplex Residential Care Facility Residential Care Facility 401-593-04 Carolyn Louise De Nicola, 285 E. Main St. trustee of B Trust of De Nicola Family Trust Commercial Offices Negotiations with the owners of these parcels reached an impasse and in order to acquire the needed property in a timely manner the Resolutions of Necessity need to be adopted. RECOMMENDATION It is recommended that the Tustin City Council: Adopt each Resolution 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 below, and to obtain immediate possession, thereof, for the Tustin Library Expansion Project and declaring the public convenience and necessity thereof. William A. Huston Tustin Library Expansion Project - Acquisition November 25, 2003 Page 2 The resolutions recommended for adoption and the corresponding properties are as follows: Resolution No. Assessor Pamel Number (APN) 03-133 401-593-01 03-133 401-593-02 03-133 401-593-03 03-134 401-593-04 FISCAL IMPACT Expenses associated with the acquisition of the subject parcels for the Tustin Library Expansion Project have been previously appropriated. BACKGROUND The Tustin Library Expansion Project proposes the construction of a new Tustin Branch Library facility totaling approximately 32,000 square feet of gross building area. In order to construct the improvements, acquisition of four properties is required at this time. Offer letters have been presented to owners of the property interests for all four properties. Additionally, the Agency has entered into Option Agreements for the purchase of four properties on the east side of Preble Drive. The City's real property negotiator for this project (special counsel with the law firm of Hahn & Hahn) has reached an impasse with the property owners of the De Nicola property and Emery properties and is not confident that appropriate settlement on these properties can be obtained in a timely manner. A. The public interest and necessity require the project. The public interest and necessity require the project for the following reasons: The existing Tustin Library Branch library building is inadequate in size and was meant to serve a population of approximately 30,000 residents rather than the 90,000 residents of Tustin and Tustin Foothills that it currently services. The build-out of Tustin Ranch, infill development expected throughout the City, and the redevelopment of the former Marine Corps Air Station is expected to boost the population to be served by the Tustin Branch Library to over 180,000 patrons. A Community Needs Assessment has identified the need for the construction of a 32,000 square foot new Tustin Library Branch Expansion. William A. Huston Tustin Library Expansion Project- Acquisition November 25, 2003 Page 3 The existing library site cannot accommodate a single story 32,000 square foot library facility, including the supporting parking and access requirements. The selected site for the new facility is desired at this location because of its visibility and prominence adjacent to Main Street, its compatible, integrated and harmonious design with the adjacent Civic Center, and as an entry statement and visual anchor to Old Town Tustin which is located immediately to the west. This site was selected after careful consideration through an architectural evaluation in the selection of a site area necessary for the Tustin Library Expansion Project, including the configuration necessary to accommodate an expanded facility. The existing Tustin Branch Library is nearing the end of its useful life without significant renovation. Library collections, programs and services are seriously constrained by the inadequate size of the facility and its inefficient spatial configurations. The Project will improve the site and its vicinity, redevelop and improve properties that currently have a fragmented land use pattern and a lack of design continuity in the Town Center Redevelopment Project Area. The Project and its actual expanded site will permit residents to take advantage of numerous public facilities, the availability of arterial roadways and on-street and off-street bikeways, public transportation's immediate availability and pedestrian facilities around the site and pedestrian connections to community services and shopping. The Project is listed in the Town Center Redevelopment Plan as a desired public facility. The Second Five-Year Implementation Plan for the Town Center Redevelopment Project Area (FY 2000-01 to 2004-05) lists the Tustin Library Expansion as a priority community facility implementation program. 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 Agency is relying on the Mitigated Negative Declaration for the Tustin Library Expansion Project approved by the Tustin City Council on May 6, 2002 and the Notice of Determination was recorded in the office of the Orange County Recorder on May 30, 2002. William A. Huston Tustin Library Expansion Project- Acquisition November 25, 2003 Page 4 The City has worked closely in the design of the project and with affected property owners to minimize acquisition for the project, including the City proposing to provide significant City owned properties toward the Project. A summary description of those properties proposed for acquisition is as follows: Assessor's Parcel No. 401-593-01 (280-284 East 3rd Street) was originally built as a one-stow, triplex with supporting yard improvements. The building was converted from this residential triplex to a 9 unit portion of the adjacent residential care facility located at 240 East 3rd Street. The exterior construction is wood frame and stucco. The foundation is slab. The taking will impact the entire property. The new library facilities will occupy the existing property its entirety. Assessor's Parcel No. 401-593-02 (320-324 South Preble Drive) was originally built as a one- stow, triplex with supporting yard improvements. The building was converted from this residential triplex to an 11 unit portion of the adjacent residential care facility located at 240 East 3rd Street. The exterior construction is wood frame and stucco. The foundation is slab. The taking will impact the entire property. The new library facilities will occupy the existing properly its entirety. Assessor's Parcel No. 401-593-03 (330-334 South Preble Drive) was originally built as a one- stow, triplex with supporting yard improvements. The building is currently being used as a residential triplex to house employees at the adjacent residential care facility located at 240 East 3rd Street. The exterior construction is wood frame and stucco. The foundation is slab. The taking will impact the entire property. The new library facilities will occupy the existing property its entirety. Assessor's Parcel No. 401-593-04 (285 East Main Street) is currently improved as a retail/office building occupied by small office users. The building contains thirteen rental units that are nearly similar in size. The exterior construction is concrete block with a painted stucco wall surface. The building is on a slab foundation. The taking will impact the entire property. The new library facilities will occupy the existing property its entirety. It is recommended that, based upon the foregoing, the Tustin City Council determine that the Project is located in the manner that will be most compatible with the greatest public good and the least private injury. C. The subject property interests are necessary for the proposed project. William A. Huston Tustin Library Expansion Project- Acquisition November 25, 2003 Page 5 For parcels 401-593-01 0Nalter & Marilyn Emery), 401-593-02 0Nalter & Marilyn Emery), 401- 593-03 0Nalter & Marilyn Emery), 401-593-04 (Carolyn De Nicola, as Trustee for the De Nicola Family Trust), the Tustin Library Expansion Project necessitates acquisition of each property. All properties are depicted on Exhibit B attached to the individual Resolutions of Necessity. Right-of-way documentation in the form of a legal description is attached as Exhibit A to the individual Resolutions of Necessity. The resolution number corresponding to each property is as follows: Resolution No. Assessor Parcel Number (APN) 03-133 401-593-01 03-133 401-593-02 03-133 401-593-03 03-134 401-593-04 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 has taken the following actions as required by California law for the acquisition of the subject property. Obtained an appraisal to determine the Fair Market Value of each property. Reviewed and approved each appraisal, and established just compensation in an amount not less than the approved appraisal. William A. Huston Tustin Library Expansion Project - Acquisition November 25, 2003 Page 6 3. Determined the owner of each property by examining the County Assessor's records. Eo 4. Made a written statutory offer to each property owner for the full amount of just compensation, which was not less than the approved appraised amount. Each 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 letters, dated August 14, 2003, staff notified the property owners of these rights. Copies of these letters are attached as Exhibit A. The individual property owner has 15 days to file a request with the City Clerk to speak on November 25, 2003. Staff will inform the City Council on November 25, 2003 if any such requests were timely filed. Based on the evidence provided above, and testimony received at the hearing, it is recommended that the City Council adopt each of the Resolutions of Necessity described below authorizing and directing the City Attorney and/or Special Legal Counsel to acquire by condemnation of certain real property interests as follows: Resolution No. Assessor Parcel Number (APN) 03-133 401-593-01 03-133 401-593-02 03-133 401-593-03 03-134 401-593-04 and to obtain immediate possession, thereof, for the Tustin Library Expansion Project and declaring the public convenience and necessity thereof. Chr!stine Sh. ingl~ Assistant C~ty Manager Attachment: Resolution No. 03-133 Resolution No 03-144 Exhibit A Resolution No. 03-133 Resolution of Necessity Appendix A to the Resolution of Necessity Notice of Intent to Adopt For Walter & Marilyn Emery 330-334 S. Preble Drive APN 401-593-01 APN 401-593-02 APN 401-593-03 RESOLUTION NO. 03-133 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 TUSTIN LIBRARY EXPANSION PROJECT AND DECLARING THE PUBLIC CONVENIENCE AND NECESSITY THEREOF The City Council of the City of Tustin ("City"), by a vote of four-fifths or more of its members, FINDS, DETERMINES, DECLARES, AND RESOLVES that: WHEREAS, pursuant to Section 1245.235 of the California Code of Civil Procedure the City scheduled a public hearing for Tuesday, November 25, 2003 at 8:30 a.m. at 300 Centennial Way, Tustin, California, and gave to each person whose property is to be acquired and whose name appears in the last equalized County Assessment Role as having an interest in the property, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in Section 1240.030 of the California Code of Civil Procedure; and WHEREAS, the City intends to construct the Tustin Library Expansion Project ("Project"), a public use, and, in connection therewith, acquire interests in certain real property. The Project is for a public use; and WHEREAS, the Project requires the acquisition of fee interests and temporary construction easements in certain real property located at; 330-334 S. Preble Drive (APN 401-593-03); 320-324 S. Preble Drive (401-593-02); 280-284 E. Third Street (APN 401-593-01); and WHEREAS, the 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, California Government Code Section 37350.5 (see also Section 37352) and the California Eminent Domain Law, Code of Civil Procedure Section 1230.010 et seq. and; and WHEREAS, the real property interests sought to be acquired for the Project consists of three (3) parcels and are located within the territorial limits of City and are located at 330-334 S. Preble Drive (APN 401-593-03); 320-324 S. Preble Drive (401- 593-02); 280-284 E. Third Street (APN 401-593-01), Tustin; and WHEREAS, the plans for the Project are on file with the City; and Resolution No. 03-133 Page 2 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, the 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, the 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, the 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 the City as just compensation; and WHEREAS, the City has relied on a Mitigated Negative Declaration approved by the City Council on May 6, 2002 for the PrOject pursuant to Public Resources Code Section 21000, et seq., the California EnvirOnmental Quality Act ("CEQA"), and on May 30, 2002 the City filed a Notice of Determination under CEQA with the County Clerk of the County of Orange, California; and WHEREAS, on August 26, 2003, the Planning Commission of the City determined that pursuant to Government Code Section 65402 found that the proposed location, purpose and extent of the Project, including the acquisitions, was in conformity with the City's adopted General Plan; and WHEREAS, pursuant to the provisions of Code of Civil Procedure, Section 1245.235, on November 6, 2003 there was mailed a Notice of Hearing on the intent of Agency 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: Resolution No. 03-133 Page 3 SECTION 1. The above recitations are true. SECTION 2. The November 25, 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 November 25, 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, the City Council by vote of four- fifths 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 Project. in Appendix A is necessary for the proposed d. 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: a. To acquire in the name of City, by condemnation, the property described in Appendix A, in accordance with the provisions of the California Statutory Law and the California Constitution; b. To acquire the property in fee simple absolute unless a lesser estate is described in Appendix A; Resolution No. 03-133 Page ,4 c, 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; d. To take such action as necessary to permit the City to take immediate possession of the property for the public use. PASSED AND ADOPTED at a meeting of the City Council of the City of Tustin held on the 25th day of November 2003. TRACY WORLEY HAGEN, Mayor PAMELA STOKER City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Pamela Stoker, City 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. was duly passed and adopted at a special meeting of the City Council, held on the 25th day of November 2003, by the following vote: AGENCYMEMBER AYES: AGENCYMEMBER NOES: AGENCYMEMBER ABSTAINED: AGENCYMEMBERABSENT: PAMELA STOKER City Clerk Resolution No. 03-133 Page 5 Appendix A Exhibit "A" Legal Description of Parcels Exhibit "A" Legal Description The land situated in the State of California,' County of Orange, City of Tustin, and as described as fallows: Parcel 1: Lot 4 of Tract 2187, as shown on a map recorded in Book 105, pages 37 and 38 of miscellaneous maps, records of Orange County, California. Parcel 2: Lot 5 of Tract 2187., as shown on a map recorded in Book 105, Pages 37 and 38 of . miscellaneous maps, records of Orange County, California: Parcel 3: Lot 8 of Tract 2187, as shown on a map recorded in Book 105, pages 37 and 38 of miscellaneous maps, records of Orange County, California. Easements as affect the above parcels: A non-exclusive easement for ingress and egress over the west 20 feet of Lots 5 and 6 of Tract 2187, as shown ena map recorded in Book 105; Pages 37 and 38 of miscellaneous maps, records of Orange County, California. A non-exclusive easement for ingress and egress over the west 20 feet of Lot 4 of tract 2187, as shown on a map recorded in Book 105, Pages 37' and 38 of miscelIaneous maps, records of Orange County, California; Resolution No. 03-134 Resolution of Necessity Appendix A to the Resolution of Necessity Notice of Intent to Adopt For Carolyn Louise De Nicola, Trustee of B Trust of De Nicola Family Trust 285 East Main Street APN 401-593-04 RESOLUTION NO. 03-134 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 TUSTIN LIBRARY EXPANSION PROJECT AND DECLARING THE PUBLIC CONVENIENCE AND NECESSITY THEREOF The City Council of the City of Tustin ("City"), by a vote of four-fifths or more of its members, FINDS, DETERMINES, DECLARES, AND RESOLVES that: WHEREAS, pursuant to Section 1245.235 of the California Code of Civil Procedure the City scheduled a public hearing for Tuesday, November 25, 2003 at 8:30 a.m. at 300 Centennial Way, Tustin, California, and gave to each person whose property is to be acquired and whose name appears in the last equalized County Assessment Role as having an interest in the property, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in Section 1240.030 of the California Code of Civil Procedure; and WHEREAS, the City intends to construct the Tustin Library Expansion Project ("Project"), a public use, and, in connection therewith, acquire interests in certain real property. The Project is for a public use; and WHEREAS, the Project requires the acquisition of fee interests and temporary construction easements in certain real property located at; 285 E. Main Street, Tustin; and WHEREAS, the 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, California Government Code Section 37350.5 (see also Section 37352) and the California Eminent Domain Law, Code of Civil Procedure Section 1230.010 et seq. and; and WHEREAS, the real property interests sought to be acquired for the Project consists of three (3) parcels and are located within the territorial limits of City and are located at 285 E. Main Street, Tustin; and WHEREAS, the plans for the Project are on file with the City; and Resolution No. 03-134 Page 2 WHEREAS, the 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, the 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, the 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 the City as just compensation; and WHEREAS, the City has relied on a Mitigated Negative Declaration approved by the City Council on May 6, 2002 for the Project pursuant to Public Resources Code Section 21000, et seq., the California Environmental Quality Act-("CEQA"), and on May 30, 2002 the City filed a Notice of Determination under CEQA with the County Clerk of the County of Orange, California; and WHEREAS, on August 26, 2003, the Planning Commission of the City determined that pursuant to Government Code Section 65402 found that the proposed location, purpose and extent of the Project, including the acquisitions, was in conformity with the City's adopted General Plan; and WHEREAS, pursuant to the provisions of Code of Civil Procedure, Section 1245.235, on November 6, 2003 there was mailed a Notice of Hearing on the intent of Agency 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. Resolution No. 03-134 Page 3 SECTION 2. The November 25,. 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 November 25, 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, the City Council by vote of four- fifths 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. d. The after 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: a. To acquire in the name of City, by condemnation, the property described in Appendix A, in accordance with the provisions of the California Statutory Law and the California Constitution; b. To acquire the property in fee simple absolute unless a lesser estate is described in Appendix A; c. 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; Resolution No. 03-134 Page 4 d. To take such action as necessary to permit the City to take immediate possession of the property for the public use. PASSED AND ADOPTED at a meeting of the City Council of the City of Tustin held on the 25th day of November 2003. TRACY WORLEY HAGEN, Mayor PAMELA STOKER City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS I, Pamela Stoker, City 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. was duly passed and adopted at a special meeting of the City Council, held on the 25th day of November 2003, by the following vote: AGENCYMEMBER AYES: AGENCYMEMBER NOES: AGENCYMEMBER ABSTAINED: AGENCYMEMBER ABSENT: PAMELA STOKER City Clerk Resolution No. 03-134 Page 5 Appendix A Exhibit "A" Legal Description of Parcels Legal Description The land referred to herein is situated in the State of California, County of Orange, City of Tustin, and is described as follows: Lots 2 a,nd 3 of Tract No. 2187, as shown on a map recorded in'Book 105, pages 37 and 38 of miscellaneous maps, records of Orange County, California. Exhibit A (Copies of letters to Property Owners) Office of the City Manager VIA FIRST CLASS MAIL AND PERSONAL SERVICE November 6, 2003 City of Tustin 300 Centennial Way Tustin, CA 92780 714.573.3010 FAX 714.838.1602 Walter & Marilyn Emery 9631 Sierra Vista Avenue La Mesa, CA 91941-4130 Re; Notice of Hearing Regarding Adoption of a Resolution of Necessity to Acquire Property by Eminent Domain [California Code of Civil Procedure 1245.235] Tustin Library Expansion Project (the "Project") Property: 280-284 East Third Street, Tustin, California (Developed Property) 320-324 S. Preble Drive, Tustin, California (Developed Property) 330-334 S. Preble Drive, Tustin, California (Developed Property) Dear Property Owner: 1. Notice of the Intent of City of Tustin (the "City") to Adopt a Resolution of Necessity. The City intends to consider the adoption of a Resolution of Necessity November 25, 2003 that, if adopted, will authorize the "City" to acquire the property described herein by eminent domain for the Project. 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, at a special meeting to be held on November 25, 2003 at 8:30 a.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 give judicious consideration to your testimony prior to deciding whether or not to adopt the proposed Resolution of Necessity. Walter & Marityn Emery Re: Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by Eminent Domain - 280-284 East Third Street, Tustin, California (Developed Property) 320~324 S. Preble Drive, Tustin, California (Developed Property) 330-334 S. Preble Drive, Tustin, California (Developed Property) November 6, 2003 Page 2 a. Whether the public interest and necessity require the proposed project; 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 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 statute that authorizes the City to acquire the property by eminent domain for this proposed project is California Government Code Section 37350.5 (see also Government Code Section 37352). Walter & Marilyn Emery Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by Eminent Domain - 280-284 East Third Street, Tustin, California (Developed Property) 320-324 S. Preble Drive, Tustin, California (Developed Property) 330-334 S. Preble Drive, Tustin, California (Developed Property) November 6, 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 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 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. Walter & Marilyn Emery Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by Eminent Domain - 280-284 East Third Street, Tustin, California (Developed Property) 320-324 S. Preble Drive, Tustin, California (Developed Property) 330-334 S. Preble Drive, Tustin, California (Developed Property) November 6, 2003 Page 4 If the City 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 November 6, 2003. William A. Huston City Manager C: Michael H. Leifer, Esq. Lois E. Jeffrey, City Attorney Don Mike Anthony, Hahn & Hahn Todd Moore, Hahn & Hahn 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. Office of the City Manager VIA FIRST CLASS MAIL AND PERSONAL SERVICE November 6, 2003 City of Tustin 300 Centennial Way Tustin, CA 92780 714.573.3010 FAX 714.838.1602 Carolyn Louise De Nicola 24001 Muirlands BIvd, Spc 243 Lake Forest, CA 92630-1737 Re: Notice of Hearing Regarding Adoption of a Resolution of Necessity to Acquire Property by Eminent Domain [California Code of Civil Procedure 1245.235] Tustin Library Expansion Project (the "Project") Property: 285 East Main Street, Tustin, California (Developed Property) Dear Property Owner: 1. Notice of the Intent of City of Tustin (the "City") to Adopt a Resolution of Necessity. The City intends to consider the adoption of a Resolution of Necessity on November 25, 2003 that, if adopted, will authorize the "City" to acquire the property described herein by eminent domain for the Project. 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, at a special meeting to be held on November 25, 2003 at 8:30 a.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 revised 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 give judicious consideration to your testimony prior to deciding whether or not to adopt the proposed Resolution of Necessity. Carolyn Louise De Nicola Re: Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by Eminent Domain - 285 East Main Street (Developed Property) November 6, 2003 Page 2 a. Whether the public interest and necessity require the proposed project. 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 statute that authorizes the City to acquire the property by eminent domain for this proposed project is California Government Code Section 37350.5. (See also Government Code Section 37352.) Carolyn Louise De Nicola Re: Notice of Hearing Regarding Adoption of Resolution of Necessity to Property by Eminent Domain - 285 East Main Street (Developed Property) November 6, 2003 Page 3 Acquire 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 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 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. Carolyn Louise De Nicola Re: Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by Eminent Domain - 285 East Main Street (Developed Property) November 6, 2003 Page 4 If the City 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 November 6, 2003. William A. Huston City Manager Rda~JB\library\denicola notice of hearing,doc C: Michael H. Leifer, Esq. Lois E. Jeffrey, City Attorney Don Mike Anthony, Hahn & Hahn Todd Moore, Hahn & Hahn 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.