HomeMy WebLinkAbout11 TEMP CONST EASMNT 08-01-05
AGENDA REPORT
Agenda Item
Reviewed:
City Manager
Finance Director
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MEETING DATE: AUGUST 1, 2005
FROM:
WILLIAM A. HUSTON, CITY MANAGER
PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
TO:
SUBJECT:
AMENDED RESOLUTION OF NECESSITY FOR THE ACQUISITION OF
TEMPORARY CONSTRUCTION EASEMENTS ON ASSESSOR PARCEL
NOS. 430-251-001, 430-251-002, 430-251-003, 430-251-007, 430-251-
008,430-251-006 AND 430-251-011 FOR PHASE I OF THE NEWPORT
AVENUE EXTENSION, STATE ROUTE 55 NORTHBOUND RAMP
RECONFIGURATION, VALENCIA AVENUE AND DEL AMO AVENUE
WIDENING PROJECT (CIP NO. 7130)
SUMMARY
The proposed amended resolution will clarify prior authority given by the City Council to acquire
temporary construction easements by condemnation for Phase I of the Newport Avenue
Extension, State Route 55 Northbound Ramp Reconfiguration, Valencia Avenue and Del Amo
Avenue Widening Project (CIP No. 7130). In order to construct this project, temporary
construction easements from the following properties are required (the "Subject Parcels"):
Assessor Parcel
Number (APN)
Owner
Location
430-251-001,430-251-002,
430-251-003,430-251-007,
and 430-251-008 (Vacant)
AAE Pacific Park
Assoc., LLC
15471 :!:. Del Amo Ave.
430-251-006 and 430-251-011
(Developed)
AAE Pacific Park
Assoc., LLC
15171 Del Amo Ave.
A Resolution of Necessity for the Subject Parcels and certain other parcels was adopted on
May 19, 2003 (Resolution No. 03-62). It was the City's intent that the Resolution of Necessity
authorize the taking of temporary construction easements in the Subject Parcels and not a
taking in fee simple absolute. AAE Pacific Park Associates, LLC (Defendant) filed a motion for
an order of the Court to have said taking deemed a taking in fee simple rather than temporary
construction easements. The Defendant recently took the motion off the Court calendar without
prejudice subject to raising the issue at Court at a later time. To the extent that the Court could
ultimately determine that the adoption of such Resolution of Necessity constituted authorization
for the City to acquire a fee simple interest in the Subject Parcels, the City, by adopting
Resolution No. 05-87, clarifies its original intent.
Amended Resolution of Necessity for the Acquisition of Temporary Construction Easements on
Assessor Parcel Nos. 430-251-001, 002, 003, 007, 008, 006 and 011 for Phase I of the Newport
Avenue Extension, State Route 55 Northbound Ramp Reconfiguration, Valencia Avenue and
Del Amo Avenue Widening Project (CIP No. 7130)
August 1, 2005
Page 2
RECOMMENDATION
It is recommended that the City Council 1) Receive testimony from the property owner or the
property owner's representative; and 2) adopt Resolution No. 05-87 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
therein, and to obtain immediate possession, thereof, for Phase I of the Newport Avenue
Extension, State Route 55 Northbound Ramp Reconfiguration, Valencia Avenue and Del Amo
Avenue Widening Project (CIP No. 7130) and declaring the public convenience and necessity
thereof (Temporary Construction Easements Only).
FISCAL IMPACT
On May 19, 2003, the City Council adopted Resolution No. 03-62, that authorized Legal
Counsel to acquire property in fee and temporary construction easements at 15471 :!:. Del Amo
Avenue and at 15171 Del Amo Avenue by condemnation for Phase I of the Newport Avenue
Extension, State Route 55 Northbound Ramp Reconfiguration, Valencia Avenue and Del Amo
Avenue Widening Project (CIP No. 7130). The City subsequently posted a deposit of
$8,557,300 as just compensation for right-of-way acquisition and the temporary construction
easements. Additional funds may be required to be posted upon adoption of Resolution No.
05-87. The final compensation will be determined through the eminent domain proceedings.
BACKGROUND
Phase I of the Newport Avenue Extension, State Route 55 Northbound Ramp Reconfiguration,
Valencia Avenue and Del Amo Avenue Widening Project proposes the following improvements:
. Extension and widening of Newport Avenue south approximately 1,800 lineal feet from
Edinger Avenue to Valencia Avenue. The proposed Newport Avenue extension will be a six
(6) lane Major Arterial. The proposed features include three (3) lanes in each direction,
raised medians, sidewalks, and bike lanes. Extended double left turn lanes and a separate
right tum lane to the SR-55 on ramps will be provided.
. Realignment of Del Amo Avenue to intersect with the SR-55 ramps and Newport Avenue.
Del Amo Avenue will also be widened to allow for four (4) lanes and provide an added
access route to SR-55. A portion of Del Amo Avenue no longer needed for street
purposes will be vacated after the project. The realignment of Del Amo Avenue will also
necessitate the relocation of a Southern California Edison 66KV Transmission line that is
currently located along Del Amo Avenue. The line is proposed to be under grounded.
. Reconstruction of the SR-55 northbound ramps. The current loop ramps at SR-55 and
Edinger Avenue will be removed and replaced by hook ramps approximately 1,200 lineal
feet south of Edinger Avenue. This configuration offers many advantages including an
improved level of service and a reduced weaving pattern on the freeway. A land
exchange is planned between Caltrans and the City for the ramp locations.
Amended Resolution of Necessity for the Acquisition of Temporary Construction Easements on
Assessor Parcel Nos. 430-251-001, 002, 003, 007, 008, 006 and 011 for Phase I of the Newport
Avenue Extension, State Route 55 Northbound Ramp Reconfiguration, Valencia Avenue and
Del Amo Avenue Widening Project (CIP No. 7130)
August 1, 2005
Page 3
. Widening of the north side of Valencia Avenue between Newport Avenue and the existing
railroad line to the east. This aspect of the project includes widening to the north side to
place the curb line 42 feet from the roadway centerline, with the right-of-way widened to 50
feet from the roadway centerline. The south half-width of Valencia Avenue will remain at
32 feet to the curb line and 40 feet to the right-of-way line until completed with a future
project.
.
Construction of a new Edinger Avenue and Newport Avenue intersection and widening of
Edinger Avenue around the intersection. Edinger Avenue at Newport Avenue will be
lowered approximately three (3) feet to accommodate design requirements for the
Newport Avenue extension to the north (Phase II).
.
New signalized intersections will be provided along Newport Avenue at Edinger Avenue,
SR-55 ramps/Del Amo Avenue, and Valencia Avenue. The existing signalized intersection
at Del Amo Avenue/Edinger Avenue will be modified to accommodate the widened
roadways.
.
Landscaping of the freeway right-of-way along the new northbound SR-55 Ramps will be
provided. Existing landscaping affected by the project will also be replaced.
.
The existing transmission and distribution lines within the project area will be constructed
underground.
In order to construct the improvements, right-of-way was required from four (4) property owners
in the form of acquisitions on twelve (12) assessor parcels. The City Council previously
adopted Resolution No. 03-62 on May 19, 2003, and filed an action in eminent domain to
acquire a fee interest and temporary construction easements in real property located at 15471
:!:. Del Amo Avenue and at 15171 Del Amo Avenue.
Resolution No. 05-87 clarifies the use and terms of the temporary construction easements and
provides that the City will give the property owner and their counsel of record thirty (30) days
written notice of the commencement of the City's construction project, as it affects the Subject
Parcels. It is intended that 30 days after written notice that the applicable temporary
construction easement will begin.
Resolution No. 03-62, except as amended herein by Resolution No. 05-87, remains in full force
and effect. A copy of this resolution is attached as part of the Agenda Report dated May 19,
2003 (also attached), and incorporated herein by this reference.
Amended Resolution of Necessity for the Acquisition of Temporary Construction Easements on
Assessor Parcel Nos. 430-251-001, 002, 003, 007, 008, 006 and 011 for Phase I of the
Newport Avenue Extension, State Route 55 Northbound Ramp Reconfiguration, Valencia
Avenue and Del Amo Avenue Widening Project (CIP No. 7130)
August 1, 2005
Page 4
It is recommended that the City Council receive testimony from the property owner or property
owner's representative and adopt Resolution No. 05-87 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 Phase I of the Newport Avenue Extension, State Route 55 Northbound Ramp
Reconfiguration, Valencia Avenue and Del Amo Avenue Widening Project (CIP No. 7130) and
declaring the public convenience and necessity thereof; (Temporary Construction Easements
Only).
c /-Q.~
Tim D. Serlet
Director of Public Works/City Engineer
Attachments: Resolution No. 05-87 (Amended Resolution of Necessity) including Notice of Intent to Adopt
May 19, 2003 Agenda Report
S:\City Councilltems\2005 CouncilltemslApproval of Amend Reso of Necessity - Newport SR55 & Reso. 0S-87.doc
RESOLUTION NO. 05-87
AN AMENDED 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 PHASE I OF
THE NEWPORT AVENUE EXTENSION, STATE ROUTE 55
NORTHBOUND RAMP RECONFIGURATION, VALENCIA AVENUE AND
DEL AMO AVENUE WIDENING PROJECT (CIP NO. 7130) AND
DECLARING THE PUBLIC CONVENIENCE AND NECESSITY
THEREOF. [TEMPORARY CONSTRUCTION EASEMENTS ONLY]
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 Phase I of the Newport Avenue Extension,
State Route 55 Northbound Ramp Reconfiguration, Valencia Avenue and Del Amo
Avenue Widening Project ("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 reconfiguring, extending and widening the street system in compliance with
the City's General Plan, including but not limited to property to be used for the protection
of 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 15471:1: Del Amo Avenue
(APN 430-251-001, 430-251-002, 430-251-003, 430-251-007, and 430-251-008) and
located at 15171 Del Amo Avenue (APN 430-251-006 and 430-251-011); and
WHEREAS, the City previously adopted Resolution No. 03-62, and filed an
action in eminent domain ("Eminent Domain Action") to acquire fee interests and
temporary construction easements in the real property referenced above; and
WHEREAS, counsel for the owner of the real property referenced above filed a
motion in the Eminent Domain Action to have the temporary construction easements
declared takings "in fee" (the "Motion"); and
WHEREAS, pursuant to a similar motion by identical counsel in another pending
City of Tustin eminent domain action (the "Other Action"), the trial judge determined that
the legal description of a "temporary construction easement" did not limit the duration of
the easement, or the City's use of the easement, or reserve any rights in the underlying
fee to the property owner, and was, therefore, a fee interest; and
WHEREAS, prior to this ruling in the Other Action, counsel for the property owner
took the Motion off calendar in the Eminent Domain Action, but is likely to renew the
motion unless the City's intentions are clarified; and
Resolution No. 05-87
Page 2
WHEREAS, it is necessary to clarify the term and scope of the proposed
temporary construction easements by an Amended Resolution of Necessity; and
WHEREAS, except as Amended herein, Resolution No. 03-62 remains in full
force and effect; and
WHEREAS, City is authorized to acquire the parcel(s) described in Appendix A
together with maps and descriptions of the term and use of the temporary construction
easements, 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 by
this Amended Resolution consist of portions of seven (7) assessor parcels and all are
located within the territorial limits of City and generally located on the west side of Del
Amo Avenue between Edinger Avenue and Valencia Avenue 'and east of the SR-55
Freeway; and
WHEREAS, the plans for the Project are on file with the Director of Public Works
of City; and
WHEREAS, the Project is planned and located in a manner which will be the
most compatible with the greatest public good and least private injury; and
WHEREAS, City has established the amounts it believes to be just compensation
for the hereinafter described real property interests sought to be acquired; and
WHEREAS, pursuant to Government Code section 7267.2, City has offered to
the owners of the real property and interests therein the full amount established as just
compensation for the real property sought to be acquired; and
WHEREAS, City has provided the owners of the real property and interests
therein a written statement and summary of the basis for the amount established as just
compensation for the real property and interests sought to be acquired; and
WHEREAS, a reasonable length of time has expired since the date of the offers
to the owners of the real property and interests therein sought to be acquired, and the
owners have failed to favorably respond to the offers of the amounts established by City
as just compensation; and
WHEREAS, the Project is part of the City's 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
Resolution No. 05-87
Page 3
WHEREAS, on May 5, 2003 the City Council approved Final Environmental
Impact Report 90-1 as revised by Final Supplement #1 as adequate for the Project (CIP
No. 7130) pursuant to Public Resources Code section 21000, et seq., the California
Environmental Quality Act ("C EQA") , and approved the Project (adopting findings, a
Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting
Program), and on May 6, 2003 the City filed a Notice of Determination under CEQA with
the County Clerk of the County of Orange, California; and
WHEREAS, on July 14, 2005, there was mailed a Notice of Hearing of the intent
of City Council to Adopt an Amended Resolution of Necessity for acquisition by eminent
domain of the real property described in Appendix A to this Amended Resolution of
Necessity, which Notice of Hearing is attached hereto as Appendix B and is
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 to this Amended Resolution of
Necessity, 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 of the
date and at the time and place stated therein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, STATE
OF CALIFORNIA, finds, determines and orders as follows:
SECTION 1. The above recitations are true.
SECTION 2. The August 1, 2005 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 August 1,
2005 at the time and place stated therein, and all interested parties were given an
opportunity to be heard. The hearing was closed.
SECTION 4. Based upon the evidence presented, including the staff report and
all written and oral evidence presented at the hearing, this City Council by vote of
two-thirds or more of its members, further FINDS, DETERMINES, DECLARES, AND
RESOLVES each of the following:
a.
The public interest and necessity require the proposed Project.
b. The proposed Project is planned or located in the manner that will be the
most compatible with the greatest public good and the least private injury.
c.
Project.
The property described in Appendix A is necessary for the proposed
Resolution No. 05-87
Page 4
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 hereto
AUTHORIZED and EMPOWERED:
a.
To acquire in the name of City, by condemnation, the property described
Appendix A, in accordance with the provisions of the California Eminent
Domain Law and the California Constitution;
b.
To acquire Temporary Construction Easements as 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;
d.
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.
e.
To file in the Eminent Domain Action the Notice of Partial Abandonment
attached hereto as Appendix C.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin on the 1st day of August 2005.
ATTEST:
Lou Bone, Mayor
PAMELA STOKER, CITY CLERK
Resolution No. 05-87
Page 5
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
RESOLUTION NO. 05-87
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
2005, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER, City Clerk
1.
2.
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "A"
Exhibit "B"
Exhibit "C"
204867,2
Appendix A
CONTENTS
Legal Description Parcel 102052-1 (AAE Pacific Park)
APN 430-251-001, 430-251-002, 430-251-003,
430-251-007 and 430-251-008
Temporary Construction Easements
15471:1: Del Amo Avenue (Vacant Property)
Maps
Term and Use
Legal Description Parcel 102052-1 (AAE Pacific Park)
APN 430-251-006 and 430-251-011
Temporary Construction Easements
15171 Del Amo Avenue (Developed Property)
Maps
Term and Use
PSOMAS
Item No.1
EXHIBIT "A"
2
4
LEGAL DESCRIPTION
PARCEL 102052-1 (AAE PACIFIC PARK)
TEMPORARY CONSTRUCTION EASEMENTS
APN 430-251-001, 002, 003, 007, 008
6
9
THOSE PORTIONS OF LOTS 65 AND 80, BLOCK 10 OF IRVINE'S SUBDIVISION, IN THE
CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, FILED IN BOOK 1,
PAGE 88 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
10
11
12
13
FOR THE PURPOSE OF THIS DESCRIPTION THE FOLLOWING CONTROL LINE IS
HEREBY ESTABLISHED:
14
15
16
17
CONTROL LINE "A"
BEGINNING AT THE WESTERLY CORNER OF SAID LOT 80, SAID CORNER ALSO
BEING THE INTERSECTION OF THE PRODUCED CENTERLINES OF VALENCIA
A VENUE (24.384 METERS WIDE) AND OLD NEWPORT A VENUE (18.288 METERS
WIDE) AS SHOWN ON CALIFORNIA DEPARTMENT OF TRANSPORT A TION RIGHT OF
WAY MAP FI617-6; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 80
AND SAID CENTERLINE OF VALENCIA AVENUE SOUTH 49°20'06" EAST 20.900
18
19
20
21
22
23
METERS; THENCE LEAVING SAID SOUTHWESTERLY LINE AND CENTERLINE
NORTH 40°39'54" EAST 12.192 METERS TO THE NORTHEASTERLY LINE OF SAID
VALENCIA A VENUE, AND THE TRUE POINT OF BEGINNING; THENCE NORTH
58°47'36" EAST 12.493 METERS; THENCE NORTH 45°31'48" EAST 114.195 METERS;
24
25
26
27
THENCE NORTH 51°14'21" EAST 15.331 METERS TO THE BEGINNING OF A CURVE
CONCAVE SOUTHERLY HAVING A RADIUS OF 94.100 METERS; THENCE EASTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48°45'58" A DISTANCE OF
80.091 METERS; THENCE SOUTH 79°59'40" EAST 110.354 METERS TO THE
28
29
30
PSOMAS
Item No.1
2
BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS
OF 7.925 METERS, A RADIAL LINE TO SAID CURVE BEARS NORTH 89°11'09" EAST;
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
4
11°26'39" A DISTANCE OF 1.583 METERS; THENCE SOUTH 10°43'32" WEST 22.819
METERS; THENCE SOUTH 10°32'35" WEST 24.995 METERS TO THE BEGINNING OF A
NON-TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 421.206
METERS A RADIAL LINE TO SAID CURVE BEARS SOUTH 79°22' 11" EAST; THENCE
SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15°23'49" A
DISTANCE OF 113.190 METERS TO A POINT HEREIN AFTER DESCRffiED AS POINT
6
7
9
10
"A": THENCE ALONG SAID CURVE 14°32'31" A DISTANCE OF 106.904 METERS TO
THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY
11
12
HAVING A RADIUS OF 7.925 METERS A RADIAL LINE TO SAID CURVE BEARS
SOUTH 49° 11 '29" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 11 °04'59" A DISTANCE OF 1.533 METERS; THENCE SOUTH
85°54'23" WEST 8.867 METERS TO THE BEGINNING OF A NON-TANGENT CURVE
CONCAVE NORTHEASTERLY HAVING A RADIUS OF 7.925 METERS, A RADIAL LINE
TO SAID CURVE BEARS SOUTH 30°48'13" WEST; THENCE NORTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10°44'58" A DISTANCE OF
1.487 METERS; THENCE NORTH 49°20'06" WEST 94.976 METERS; THENCE SOUTH
45°12' 11" WEST 3.072 METERS TO THE NORTHEASTERLY LINE OF SAID VALENCIA
13
14
15
16
17
18
19
20
21
A VENUE; THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 49°20'06" EAST
105.605 METERS; THENCE NORTH 40°39'54" EAST 3.048 METERS; THENCE SOUTH
49°20'06" EAST 3.048 METERS; THENCE NORTH 85°39'51" EAST 8.620 METERS TO
THE NORTHWESTERLY LINE OF DEL AMO AVENUE (21.336 METERS WIDE);
THENCE ALONG SAID NORTHWESTERLY LINE NORTH 40°39'12" EAST 159.437
METERS TO A POINT HEREINAFTER DESCRffiED AS POINT "B", SAID POINT ALSO
BEING ON A NON-TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF
22
23
24
25
26
27
28
460.831 METERS, A RADIAL LINE TO SAID CURVE BEARS SOUTH 69°25'52" EAST;
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
5°13' 10" A DISTANCE OF 41.979 METERS TO A POINT HEREINAFTER DESCRffiED AS
29
30
2
PSOMAS
Item No.1
2
POINT "C": THENCE CONTINUING ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 4°43'09" A DISTANCE OF 37.959 METERS; THENCE NORTH 10°37'49" EAST
48.665 METERS TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
EASTERLY HAVING A RADIUS OF 7.925 METERS A RADIAL LINE TO SAID CURVE
4
5
BEARS NORTH 80°02'02" WEST; THENCE NORTHERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE 1O034'39"A DISTANCE OF 1.463 METERS; THENCE
NORTH 54°24'56" EAST 8.839 METERS TO THE BEGINNING OF A NON-TANGENT
CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 7.925 METERS, A RADIAL
LINE TO SAID CURVE BEARS NORTH 01 °41 '25" WEST; THENCE EASTERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 9°21'27" A DISTANCE OF 1.294
6
9
10
11
METERS TO A POINT HEREINAFTER DESCRffiED AS POINT "D", SAID POINT ALSO
BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHERLY
HAVING A RADIUS OF 189.192 METERS, A RADIAL LINE TO SAID CURVE BEARS
SOUTH 07°39'59" WEST; THENCE EASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 19°34'40" A DISTANCE OF 64.646 METERS TO THE
SOUTHWESTERLY LINE OF PARCEL 2 AS DESCRffiED IN THE INSTRUMENT
12
13
14
15
16
J7
RECORDED AS DOCUMENT NUMBER 19980600611, OF OFFICIAL RECORDS OF SAID
COUNTY, THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 49°20'30" WEST
42.349 METERS TO A POINT HEREINAFTER DESCRffiED AS POINT "E", SAID POINT
ALSO BEING ON A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF
136.674 METERS, A RADIAL LINE TO SAID POINT BEARS SOUTH 02°07'06" WEST;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
18
19
20
21
22
23
24
7°59'49" A DISTANCE OF 19.076 METERS: THENCE NORTH 79°53'05" WEST 7.400
METERS; THENCE NORTH 33°04'58" WEST 11.320 METERS; THENCE NORTH 10°37'43"
EAST 3.189 METERS TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
25
26
SOUTHEASTERLY HAVING A RADIUS OF 449.797 METERS, A RADIAL LINE TO SAID
CURVE BEARS NORTH 79°22' 11" WEST; THENCE NORTHEASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE 1°15'47" A DISTANCE OF 9.914 METERS TO
SAID SOUTHWESTERLY LINE OF PARCEL 2; THENCE ALONG SAID
SOUTHWESTERLY LINE NORTH 49°20'30" WEST 11.735 METERS TO THE
27
28
29
30
PSOMAS
Item No.1
2
SOUTHEASTERLY LINE OF THAT CERTAIN PARCEL RECORDED IN BOOK 7404,
PAGE 168, OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID
SOUTHEASTERLY LINE NORTH 40°39'07" EAST 22.913 METERS TO A POINT
HEREINAFTER DESCRIBED AS POINT "F", SAID POINT BEING ON A NON-TANGENT
CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 449.797 METERS A
4
6
RADIAL LINE TO SAID POINT BEARS NORTH 74°49'37" WEST; THENCE
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16°22'
19" A DISTANCE OF 128.526 METERS TO A POINT HEREINAFTER DESCRIBED AS
POINT "G"; THENCE CONTINUING ALONG SAID CURVE THROUGH A CENTRAL
7
9
10
ANGLE OF 2°41' 11" A DISTANCE OF 21.091 METERS; THENCE NORTH 34°55'51" EAST
10.981 METERS; THENCE NORTH 35°37'49" EAST 131.444 METERS TO A POINT
HEREINAFTER DESCRIBED AS POINT "H", SAID POINT ALSO BEING ON THE
SOUTHEASTERLY LINE OF THE RIGHT OF WAY TO THE STATE OF CALIFORNIA AS
DESCRIBED IN BOOK 6680 PAGE 242 OF OFFICIAL RECORDS OF SAID COUNTY;
THENCE ALONG SAID SOUTHEASTERLY LINE SOUTH 89°57'35" WEST 26.185
METERS; THENCE CONTINUING ALONG, SAID SOUTHEASTERLY LINE SOUTH
56°32'28" WEST 51.424 METERS TO A POINT HEREINAFTER DESCRIBED AS POINT
Jl
12
13
14
15
16
17
18
"I"; THENCE LEAVING SAID SOUTHEASTERLY LINE SOUTH 35°37'49" WEST 68.138
METERS; THENCE SOUTH 35°00'54" WEST 10.510 METERS; THENCE NORTH 5T06'
17" WEST 3.657 METERS TO THE BEGINNING OF A NON-TANGENT CURVE
CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 493.079 METERS, A RADIAL
LINE TO SAID CURVE BEARS NORTH 55°36'41" WEST; THENCE SOUTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE 0° 16' 17" A DISTANCE OF 2.335
19
20
21
22
23
24
25
METERS TO A POINT HEREINAFTER DESCRIBED AS POINT "J"; THENCE
CONTINUING ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23°29'13" A
DISTANCE OF 202.127 METERS; THENCE SOUTH 10°38'45" WEST 3.951 METERS TO
THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY
26
27
28
29
HAVING A RADIUS OF 7.952 METERS, A RADIAL LINE TO SAID CURVE BEARS
SOUTH 76°16'01" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE 15°04' 18" A DISTANCE OF 2.092 METERS; THENCE NORTH
30
4
PSOMAS
Item No.1
2
79°53'05" WEST 55.897 METERS TO THE BEGINNING OF A CURVE CONCAVE
EASTERLY HAVING A RADIUS OF 41.000 METERS; THENCE NORTHWESTERLY,
NORTHERLY AND NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL
4
ANGLE 110° 13'03" A DISTANCE OF 78.870 METERS; THENCE NORTH 30° 14'28" EAST
84.541 METERS TO SAID SOUTHEASTERLY LINE OF THE RIGHT OF WAY TO THE
STATE OF CALIFORNIA; THENCE ALONG SAID SOUTHEASTERLY LINE SOUTH
42°57'08" WEST 274.525 METERS; THENCE CONTINUING ALONG SAID
SOUTHEASTERLY LINE SOUTH 40°38'55" WEST 107.046 METERS TO SAID
6
7
9
10
NORTHEASTERLY LINE OF VALENCIA A VENUE; THENCE ALONG SAID
NORTHEASTERLY LINE SOUTH 49°20'06" EAST 6.878 METERS TO THE TRUE POINT
OF BEGINNING.
11
12
13
TEMPORARY CONSTRUCTION EASEMENT 1
14
15
A STRIP OF LAND 5.000 METERS WIDE LYING TO THE RIGHT OF THE FOLLOWING
DESCRlliED LINE, IN THE DIRECTION OF TRAVEL:
16
17
18
BEGINNING AT THE AFOREMENTIONED TRUE POINT OF BEGINNING; THENCE
NORTH 58°47'56" EAST 12.493 METERS; THENCE NORTH 45°31'48" EAST 114.195
METERS; THENCE NORTH 51°14'21" EAST 15.331 METERS TO THE BEGINNING OF A
CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 94.100 METERS; THENCE
EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48°45'58" A
DISTANCE OF 80.091 METERS; THENCE SOUTH 79°59'40" EAST 110.354 METERS TO
THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY HAVING A
19
20
21
22
23
24
25
RADIUS OF 7.925 METERS, A RADIAL LINE TO SAID CURVE BEARS NORTH 89°11'09"
EAST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 11 °26'39" A DISTANCE OF 1.583 METERS; THENCE SOUTH 10°43'32" WEST 22.819
METERS; THENCE SOUTH WO32'35" WEST 24.995 METERS TO THE BEGINNING OF A
NON-TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 421.206
METERS A RADIAL LINE TO SAID CURVE BEARS SOUTH 79°22' 11" EAST; THENCE
26
27
28
29
30
5
PSOMAS
Item No.1
2
SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29°56' 20" A
DISTANCE OF 220.094 METERS TO THE BEGINNING OF A NON-TANGENT CURVE
4
CONCAVE NORTHWESTERLY HAVING A RADIUS OF 7.925 METERS A RADIAL LINE
TO SAID CURVE BEARS SOUTH 49°11'29" EAST; THENCE SOUTHWESTERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 11°04'59" A DISTANCE OF 1.533
5
6
METERS; THENCE SOUTH 85°54'23" WEST 8.867 METERS TO THE BEGINNING OF A
NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 7.925
METERS, A RADIAL LINE TO SAID CURVE BEARS SOUTH 30°48'13" WEST; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10°44'
9
10
11
58" A DISTANCE OF 1.487 METERS; THENCE ON A NON- TANGENT LINE NORTH
49°20'06" WEST 5.000 METERS.
12
13
THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED
SOUTHERLY SO AS TO TERMINATE IN THE NORTHEASTERLY LINE OF SAID
14
15
16
V ALENCIA A VENUE.
17
18
TOGETHER WITH A STRIP OF LAND
10.000 METERS
WIDE LYING
NORTHWESTERLY OF THE FOLLOWING DESCRffiED LINE:
19
20
BEGINNING AT THE HEREINBEFORE DESCRffiED POINT "A": THENCE
SOUTHWESTERLY ALONG A CURVE CONCAVE NORTHWESTERLY HAVING A
RADIUS OF 421.206 METERS A RADIAL LINE TO SAID CURVE BEARS SOUTH
63°58'22" EAST THROUGH A CENTRAL ANGLE OF 3°03' 19" A DISTANCE OF 22.461
METERS. EXCEPT THAT PORTION WITHIN THE 5.000 METER STRIP DESCRffiED
21
22
23
24
25
ABOVE.
26
27
28
TEMPORARY CONSTRUCTION EASEMENT 2
29
A STRIP OF LAND 5.000 METERS WIDE LYING SOUTHEASTERLY OF THE
FOLLOWING DESCRIBED LINE:
30
6
PSOMAS
Item No.1
2
BEGINNING AT THE HEREINBEFORE DESCRffiED POINT "B", SAID POINT BEING ON
A CURVE CONCAVE NORTHWESTERLY HAVING A RADillS OF 460.831 METERS, A
RADIAL LINE TO SAID CURVE BEARS SOUTH 69°25'52" EAST; THENCE
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9°56' 19"
A DISTANCE OF 79.938 METERS; THENCE NORTH 10°37'49" EAST 48.665 METERS TO
THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY HAVING A
4
6
7
9
RADillS OF 7.925 METERS A RADIAL LINE TO SAID CURVE BEARS NORTH 80°02'02"
WEST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
1O034'39"A DISTANCE OF 1.463 METERS; THENCE NORTH 54°24'56" EAST 8.839
METERS TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY
10
II
12
13
HAVING A RADillS OF 7.925 METERS, A RADIAL LINE TO SAID CURVE BEARS
NORTH 01°41'25" WEST; THENCE EASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 9°21'27" A DISTANCE OF 1.294 METERS.
14
15
16
THE SIDELINES OF SAID STRIP WILL BE LENGTHENED OR SHORTENED SO AS TO
TERMINATE SOUTHWESTERLY ON THE NORTHWESTERLY LINE OF SAID DEL
17
18
AMO AVENUE.
19
20
TOGETHER WITH A STRIP OF LAND 10.000 METERS WIDE LYING NORTHEASTERLY
OF THE FOLLOWING DESCRffiED LINE:
21
22
23
24
BEGINNING AT THE HEREINBEFORE DESCRffiED POINT "C" SAID POINT BEING ON
A CURVE CONCAVE NORTHWESTERLY HAVING A RADillS OF 460.831 METERS, A
RADIAL LINE TO SAID POINT BEARS NORTH 74°39'02" WEST; THENCE
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2°21'21"
25
26
27
28
A DISTANCE OF 18.948 METERS.
29
30
TOGETHER WITH A STRIP OF LAND 10.000 METERS WIDE LYING SOUTHERLY OF
THE FOLLOWING DESCRffiED LINE:
PSOMAS
Item No.1
2
BEGINNING AT THE HEREINBEFORE DESCRIBED POINT "D" SAID POINT ALSO
BEING THE BEGINNING OF A CURVE CONCAVE NORTHERLY HAVING A RADIUS
OF 189.192 METERS, A RADIAL LINE TO SAID CURVE BEARS SOUTH 07°39'59"
WEST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
24°00' 33" A DISTANCE OF 79.279 METERS TO SAID NORTHWESTERLY LINE OF SAID
4
5
6
7
DEL AMO A VENUE;
9
THE SIDELINES OF SAID STRIP WILL BE LENGTHENED OR SHORTENED SO AS TO
TERMINATE NORTHEASTERLY ON THE NORTHWESTERLY LINE OF SAID DEL AMO
lO
11
12
AVENUE, AND SOUTHWESTERLY PROLONGED TO A LINE THAT IS PARALLEL
WITH AND 5.000 METERS SOUTHEASTERLY OF THAT CERTAIN COURSE
DESCRIBED ABOVE, SAID COURSE HAVING A BEARING OF NORTH 10°37'49" EAST
AND A DISTANCE OF 48.665 METERS. EXCEPT THAT PORTION WITHIN THE
13
14
15
5.000-METER STRIP DESCRIBED ABOVE.
16
17
TEMPORARY CONSTRUCTION EASEMENT 3
18
19
20
A STRIP OF LAND 5.000 METERS WIDE LYING NORTHERLY, NORTHEASTERLY AND
EASTERLY OF THE FOLLOWING DESCRIBED LINE:
21
22
BEGINNING AT THE HEREINBEFORE DESCRIBED POINT "E", SAID POINT BEING ON
A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 136.674 METERS;
THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
7°59'49" A DISTANCE OF 19.076 METERS: THENCE NORTH 79°53'05" WEST 7.400
23
24
25
26
METERS; THENCE NORTH 33°04'58" WEST 11.320 METERS; THENCE NORTH 10°37'43"
EAST 3.189 METERS TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 449.797 METERS, A RADIAL LINE TO SAID
CURVE BEARS NORTH 79°22' 11" WEST; THENCE NORTHEASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE 1°15'47" A DISTANCE OF 9.914 METERS.
27
28
29
30
PSOMAS
Item No.1
2
THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED SO AS TO
TERMINATE ON THE SOUTHWESTERLY LINE OF PARCEL 2 AS DESCRIBED IN THE
3
4
INSTRUMENT RECORDED AS DOCUMENT NUMBER 199806006II, OF OFFICIAL
RECORDS OF SAID COUNTY.
5
6
7
TEMPORARY CONSTRUCTION EASEMENT 4
9
A STRIP OF LAND 5.000 METERS WIDE LYING SOUTHEASTERLY OF THE
FOLLOWING DESCRIBED LINE:
10
11
12
BEGINNING AT THE HEREINBEFORE DESCRIBED POINT "F", SAID POINT ALSO
BEING ON A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 449.797
METERS RADIAL BEARING; THENCE NORTHEASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 19°03'30" A DISTANCE OF 149.616 METERS;
THENCE ON A NON-TANGENT LINE NORTH 34°55'51" EAST 10.981 METERS; THENCE
NORTH 35°37'49" EAST 131.444 METERS.
13
14
15
16
17
18
19
20
THE SIDELINES OF SAID STRIPS SHALL BE LENGTHENED OR SHORTENED SO AS
TO TERMINATE NORTHEASTERLY ON THE SOUTHEASTERLY LINE OF THE RIGHT
21
22
OF WAY TO THE STATE OF CALIFORNIA AS DESCRIBED IN BOOK 6680 PAGE 242
OF OFFICIAL RECORDS OF SAID COUNTY AND SOUTHERLY ON THE
SOUTHEASTERLY LINE OF THAT CERTAIN PARCEL RECORDED IN BOOK 7404
PAGE 168 OF OFFICIAL RECORDS, IN SAID COUNTY.
23
24
25
26
27
TOGETHER WITH A STRIP OF LAND 10.000 METERS WIDE LYING SOUTHEASTERLY
OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE HEREINBEFORE
28
DESCRIBED POINT "G", SAID POINT ALSO BEING ON A CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 449.797 METERS; THENCE
29
9
PSOMAS
Item No.1
2
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2°41'11"
A DISTANCE OF 21.091 METERS.
4
EXCEPT THAT PORTION WITH IN THE 5.000-METER STRIP DESCRIBED ABOVE.
5
6
7
TEMPORARY CONSTRUCTION EASEMENT 5
9
A STRIP OF LAND 5.000 METERS WIDE LYING SOUTHWESTERLY OF THE
FOLLOWING DESCRIBED LINE:
10
11
BEGINNING AT THE HEREINBEFORE DESCRIBED POINT "H" SAID POINT ALSO
BEING ON THE SOUTHEASTERLY LINE OF THE RIGHT OF WAY TO THE STATE OF
12
13
14
CALIFORNIA AS DESCRIBED IN BOOK 6680 PAGE 242 OF OFFICIAL RECORDS OF
SAID COUNTY; THENCE ALONG SAID SOUTHEASTERLY LINE NORTH 89°57'35"
EAST 18.134 METERS TO THE TRUE POINT OF BEGINNING; THENCE LEAVING
SAID SOUTHEASTERLY LINE SOUTH 49°20'30" EAST 39.782 METERS TO THE
15
16
17
18
SOUTHEASTERLY LINE OF THAT CERTAIN PARCEL RECORDED IN BOOK 7404,
PAGE 168, OF OFFICIAL RECORDS OF SAID COUNTY.
19
20
SIDELINE OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED SO AS TO
TERMINATE NORTHWESTERLY ON SAID SOUTHEASTERLY LINE OF THE RIGHT OF
WAY TO THE STATE OF CALIFORNIA AND SOUTHEASTERLY ON SAID
21
22
23
SOUTHEASTERLY LINE.
24
25
TEMPORARY CONSTRUCTION EASEMENT 6
26
27
28
A STRIP OF LAND 5.000 METERS WIDE LYING TO THE RIGHT OF THE FOLLOWING
DESCRIBED LINE, IN THE DIRECTION OF TRAVEL:
29
10
PSOMAS
Item No.1
2
BEGINNING AT THE HEREINBEFORE DESCRIBED POINT "I", SAID POINT ALSO
BEING ON SAID SOUTHEASTERLY LINE OF THE RIGHT OF WAY TO THE STATE OF
CALIFORNIA; THENCE LEAVING SAID SOUTHEASTERLY LINE SOUTH 35°37'49"
WEST 68.138 METERS; THENCE SOUTH 35°00'54" WEST 10.510 METERS; THENCE
NORTH 57°06' 17" WEST 3.657 METERS TO THE BEGINNING OF A NON-TANGENT
3
4
5
6
CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 493.079 METERS, A
RADIAL LINE TO SAID CURVE BEARS NORTH 55°36'41" WEST; THENCE
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 23 °45' 30" A
DISTANCE OF 204.462 METERS; THENCE SOUTH 10°38'45" WEST 3.951 METERS TO
THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY
7
9
10
11
HAVING A RADIUS OF 7.952 METERS, A RADIAL LINE TO SAID CURVE BEARS
SOUTH 76°16'01" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE 15°04'18" A DISTANCE OF 2.092 METERS; THENCE NORTH
79°53'05" WEST 55.897 METERS TO THE BEGINNING OF A CURVE CONCAVE
EASTERLY HAVING A RADIUS OF 41.000 METERS; THENCE NORTHWESTERLY,
NORTHERLY AND NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL
12
13
14
15
16
17
18
ANGLE 110°13'03" A DISTANCE OF 78.870 METERS; THENCE NORTH 30° 14'28" EAST
84.541 METERS TO SAID SOUTHEASTERLY LINE OF THE RIGHT OF WAY TO THE
STATE OF CALIFORNIA.
19
20
21
THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED SO AS TO
TERMINATE NORTHEASTERLY ON SAID SOUTHEASTERLY LINE OF THE RIGHT OF
WAY TO THE STATE OF CALIFORNIA.
22
23
24
25
TOGETHER
WITH A STRIP OF LAND
10.000 METERS
WIDE
LYING
26
NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE;
27
28
BEGINNING AT THE HEREINBEFORE DESCRIBED POINT "J", SAID POINT ALSO
BEING ON A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 493.079
METERS A RADIAL LINE TO SAID CURVE BEARS SOUTH 55°52'58" WEST; THENCE
29
30
11
PSOMAS
Item No.1
2
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20°20'
51" A DISTANCE OF 20.202 METERS. EXCEPT THAT PORTION WITHIN THE 5.000
METER STRIP DESCRIBED ABOVE.
4
SEE EXHIBIT B AND EXHIBIT C ATTACHED HERETO AND MADE A PART HEREOF.
THIS LEGAL DESCRIPTION IS NOT INTENDED FOR USE IN THE DIVISION AND/OR
CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP ACT OF THE
9
10
STATE OF CALIFORNIA.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
12
PSOU4..S
Item No.1
~ I PREPARED UNDER THE DIRECTION OF
4
~ Ai:£ C _3LQ¿~
6
WALTER A. SHEEK, PLS 4838
LICENSE EXPIRES 09/30/04
7
9
10
11
12
13
14
15
16
17
18
19
20
21
22
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Item No.1
Exhibit "C"
2
3
Term and Use of Temporary Construction Easements
4
5
(APN 430-251-001, 002, 003, 007,008)
6'
Each easement will commence at the start of City's construction affecting APN 430-251-
00 I, 002, 003, 007 and 008, and continue for a period of nine (9) months. The easement shall be
7
9
used, subject to the property owner's consent, to construct the Newport A venue Extension, State
Route 55 Northbound Ramp Reconfiguration, Valencia Avenue and De] Amo Avenue
10
improvements that will include removal of existing curb and gutter, sidewalk, and landscaping;
construction of new curb and gutter and sidewalk, retaining walls, and landscaping; transitioning
existing on-site conditions to match new construction; and for the temporary deposit of tools and
11
12
13
equipment. During the period of the temporary construction easement, the property owner shall
be pennitted reasonable ingress and egress to the property. The City shall provide thirty (30)
14
15
days written notice to the property owner and to counsel of record in the Eminent Domain Action
(OCSC Case No. 03CCO1932) of the commencement of City's construction project.
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
PSOMAS
Item No.2
EXHIBIT "A
2
4
LEGAL DESCRIPTION
PARCEL 102052-1 (AAE PACIFIC PARK)
APN 430-251-006, 011
TEMPORARY CONSTRUCTION EASEMENTS
6
9
THOSE PORTIONS OF LOTS 65 AND 80, BLOCK 10 OF IRVINE'S SUBDIVISION, IN THE
CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, FILED IN BOOK 1,
PAGE 88 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, MORE
PARTICULARLY DESCRmED AS FOLLOWS:
10
II
12
13
14
TEMPORARY CONSTRUCTION EASEMENT 1
BEGINNING AT THE WESTERN MOST CORNER OF PARCEL 2 AS DESCRIBED IN A
DEED TO AAE PACIFIC PARK ASSOCIATES, LLC RECORDED AS INSTRUMENT NO.
19980600611, OFFICIAL RECORDS OF SAID COUNTY, SAID CORNER ALSO BEING ON
THE SOUTHEASTERLY LINE OF THAT PARCEL OF LAND DESCRmED IN A DEED TO
15
16
17
18
19
20
THE ATCHISON, TOPEKA AND SANTA FE RAILROADS RECORDED IN BOOK 7404,
PAGE 168, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE
SOUTHWESTERLY LINE OF SAID PARCEL 2 SOUTH 49°20'30" EAST 11.735 METERS
21
22
TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE EASTERLY HAVING A
RADIUS OF 449.797 METERS; A RADIAL TO SAID CURVE BEARS SOUTH 78°06'24"
EAST, SAID BEGINNING ALSO BEING THE TRUE POINT OF BEGINNING: THENCE
LEAVING SAID SOUTHWESTERLY LINE AND TRAVELING NORTHERLY ALONG
23
24
25
26
SAID CURVE 25.748 METERS THROUGH A CENTRAL ANGLE OF 3°16'47" TO SAID
SOUTHEASTERLY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD;
THENCE ALONG SAID SOUTHEASTERLY LINE NORTH 40°39'07" EAST 12.027
27
28
29
METERS; THENCE LEAVING SAID SOUTHEASTERLY LINE SOUTH 16°18'40" WEST
8.338 METERS; THENCE SOUTH 40°39'07" WEST 8.962 METERS TO THE
30
PSOMAS
Item No.2
2
NORTHEASTERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID
NORTHEASTERLY LINE
SOUTH 49°20'30" EAST 4.326 METERS TO THE BEGINNING OF A NON-TANGENT
4
CURVE CONCAVE EASTERLY HAVING A RADIUS OF 444.797 METERS, A RADIAL
TO SAID CURVE BEARS NORTH 75°46'59" WEST; THENCE LEAVING SAID
NORTHEASTERLY LINE AND TRAVELING SOUTHERLY ALONG SAID CURVE 20.788
METERS THROUGH A CENTRAL ANGLE OF 2°40'40" TO THE SOUTHWESTERLY
6
7
9
10
LINE OF SAID PARCEL 2; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH
49°20'30" WEST 5.713 METERS TO THE TRUE POINT OF BEGINNING.
II
CONTAINING 142.7 SQUARE METERS OR 0.0143 HECTARES, MORE OR LESS
12
13
TEMPORARY CONSTRUCTION EASEMENT 2
BEGINNING AT THE MOST WESTERLY CORNER OF PARCEL 2 AS DESCRIBED IN A
DEED TO AAE PACIFIC PARK ASSOCIATES, LLC RECORDED AS INSTRUMENT NO.
19980600611, OFFICIAL RECORDS OF SAID COUNTY, SAID CORNER ALSO BEING ON
THE SOUTHEASTERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN A DEED TO
14
15
16
17
18
THE ATCHISON, TOPEKA AND SANTA FE RAILROADS RECORDED IN BOOK 7404,
PAGE 168, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE
SOUTHWESTERLY LINE OF SAID PARCEL 2 SOUTH 49°20'30" EAST 42.857 METERS
TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHERLY HAVING
19
20
21
22
A RADIUS OF 131.674 METERS, A RADIAL TO SAID CURVE BEARS SOUTH 04°56' 17"
WEST, SAID BEGINNING ALSO BEING THE TRUE POINT OF BEGINNING; THENCE
LEAVING SAID SOUTHWESTERLY LINE AND TRAVELING EASTERLY ALONG SAID
CURVE 27.674 METERS THROUGH A CENTRAL ANGLE OF 12°02'30" TO THE
23
24
25
26
NORTHEASTERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID
NORTHEASTERLY LINE SOUTH 49°20'30" EAST 6.176 METERS; THENCE LEAVING
SAID NORTHEASTERLY LINE OF PARCEL 2 NORTH 40°39' 12" EAST 7.319 METERS
TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHERLY HAVING
A RADIUS OF 131.674 METERS, A RADIAL TO SAID CURVE BEARS SOUTH 11 °16' 18"
27
28
29
30
2
PSOMAS
Item No.2
2
EAST; THENCE EASTERLY ALONG SAID CURVE 73.779 METERS THROUGH A
CENTRAL ANGLE OF 32'06' 13" TO A LINE PARALLEL WITH AND 5.000 METERS
NORTHWESTERLY OF THE NORTHWESTERLY LINE OF DEL AMO AVENUE (21.366
METERS WIDE); THENCE ALONG SAID PARALLEL LINE NORTH 40°39' 12" EAST
52.692 METERS; THENCE NORTH 04°20'46" WEST 7.798 METERS; THENCE NORTH
40°39' 12" EAST 14.492 METERS; THENCE SOUTH 49°20'30" EAST 10.487 METERS TO
SAID NORTHWESTERLY LINE OF DEL AMO AVENUE; THENCE ALONG SAID
NORTHWESTERLY LINE SOUTH 40°39'12" WEST 73.217 METERS TO THE BEGINNING
4
6
7
9
OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF
136.674 METERS, A RADIAL TO SAID BEGINNING OF CURVE BEARS SOUTH
43°22'32" EAST; THENCE LEAVING SAID NORTHWESTERLY LINE AND TRAVELING
SOUTHWESTERLY ALONG SAID CURVE 48.234 METERS THROUGH A CENTRAL
ANGLE OF 20° 13' 13"; THENCE NON-TANGENT TO SAID CURVE NORTH 23°09'26"
WEST 1.200 METERS TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
10
11
12
13
14
15
NORTHERLY HAVING A RADIUS OF 135.474 METERS, A RADIAL TO SAID CURVE
BEARS SOUTH 23°09' 19" EAST; THENCE WESTERLY ALONG SAID CURVE 27.530
METERS THROUGH A CENTRAL ANGLE OF 11°38'35"; THENCE NON-TANGENT TO
SAID CURVE SOUTH 11°41'51" EAST 1.200 METERS TO THE BEGINNING OF A NON-
TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 136.674 METERS,
A RADIAL TO SAID CURVE BEARS SOUTH 11°30'49" EAST; THENCE WESTERLY
ALONG SAID CURVE 32.518 METERS THROUGH A CENTRAL ANGLE OF 13°37'55" TO
SAID SOUTHWESTERLY LINE OF PARCEL 2; THENCE ALONG SAID
SOUTHWESTERLY LINE NORTH 49°20'30" WEST 8.281 METERS TO THE TRUE
POINT OF BEGINNING.
16
17
18
19
20
21
22
23
24
25
26
CONTAINING 951.4 SQUARE METERS OR 0.095 HECTARES MORE OR LESS.
27
28
TEMPORARY CONSTRUCTION EASEMENT 3
BEGINNING AT THE WESTERN MOST CORNER OF PARCEL 2 AS DESCRIBED IN A
29
30
DEED TO AAE PACIFIC PARK ASSOCIATES, LLC RECORDED AS INSTRUMENT NO.
PSOMAS
Item No.2
2
19980600611, OFFICIAL RECORDS OF SAID COUNTY, SAID CORNER ALSO BEING ON
THE SOUTHEASTERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN A DEED TO
THE ATCHISON, TOPEKA AND SANTA FE RAILROADS RECORDED IN BOOK 7404,
PAGE 168, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID
SOUTHWESTERLY LINE SOUTH 49°20'30" EAST 93.487 METERS TO THE TRUE
4
5
6
POINT OF BEGINNING: THENCE CONTINUING ALONG SAID SOUTHWESTERLY
LINE SOUTH 49°20'30" EAST 3.254 METERS TO THE BEGINNING OF A NON-
TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 5.182 METERS, A
RADIAL TO SAID CURVE BEARS NORTH 40°38'04" EAST; THENCE SOUTHERLY
ALONG SAID CURVE 8.141 METERS. THROUGH A CENTRAL ANGLE OF 90°01'08" TO
THE NORTHWESTERLY LINE OF DEL AMO AVENUE (21.366 METERS WIDE);
THENCE ALONG SAID NORTHWESTERLY LINE NORTH 40°39' 12" EAST 17.133
9
10
11
12
13
14
METERS TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHERLY
HAVING A RADIUS OF 189.192 METERS, A RADIAL TO SAID CURVE BEARS SOUTH
16°20'34" EAST; THENCE WESTERLY ALONG SAID CURVE 14.633 METERS
THROUGH A CENTRAL ANGLE OF 4°25'53" TO SAID SOUTHWESTERLY LINE OF
PARCEL 2 AND THE TRUE POINT OF BEGINNING.
15
16
17
18
19
20
CONTAINING 54.8 SQUARE METERS OR 0.005 HECTARES, MORE OR LESS.
21
SEE EXHIBIT "B" AND "C" ATTACHED HERETO AND MADE APART HEREOF.
22
23
24
25
26
27
28
29
30
4
PSOMð.S
Item No.2
2
4
THIS LEGAL DESCRIPTION IS NOT INTENDED FOR USE IN THE DIVISION
AND/OR CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP
ACT OF THE STATE OF CALIFORNIA.
6
7
9
PREPARED UNDER THE DIRECTION OF
10
11
12
~ ~Þrll c ~
WALTER A. SHEEK, PLS 4838
LICENSE EXPIRES 9/30/04
DATE
13
~~ 7" ~"3
14
15
PSOMAS
Item No.2
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DESCRIPTION, THOSE PORTIONS OF Lor .5 ANa LOT 80 IN BLOCK 10
OF IRVINE'S SUBOIVISION. CITY OF TUSTIN. COUNTYOF ORANGE.
STATE OF CALIFORNIA.
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Item No.2
Exhibit "c"
2
3
4
Term and Use of Temporary Construction Easements
(APN 430-251-006 and 011)
6
Each easement wil1 commence at the start of City's construction affecting APN 430-251-
006 AND 011 and continue for a period of three (3) months. The easements shall be used,
9
subject to the property owner's consent, to construct the Newport Avenue Extension, State Route
55 Northbound Ramp Reconfiguration, Valencia Avenue and Del Amo Avenue improvements
10
that will include removal of existing curb and gutter, sidewalk, and landscaping; construction of
new curb and gutter and sidewalk, and landscaping; transitioning existing on-site conditions to
II
12
match new construction and; for the temporary deposit of tools and equipment. During the
period of the temporary construction easement, the property owner shall be pennitted reasonable
13
14
ingress and egress to the property. The City shall provide thirty (30) days written notice to the
property owner and to counsel of record in the Eminent Domain Action (OCSC Case No.
15
16
17
03CCOI932) of the commencement of City's construction project.
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
! Engrr,'?snnç
July 14, 2005
AAE Pacific Park Associates, LLC
c/o S&A Properties
Mr. Irving M. Chase
129 W. Wilson Street, Suite 100
Costa Mesa, CA 62627-1586
Ff'Y (714) 734'uS,9i
Re:
Notice of Hearing Regarding Adoption of an Amended Resolution of
Necessity to Acquire Property by Eminent Domain [California Code of
Civil Procedure 1245.235]; Temporary Construction Easements for the
Newport Avenue Extension, State Route 55 Northbound Ramp
Reconfiguration, Valencia Avenue and Del Amo Avenue Widening
Project (CIP No. 7130)
Property:
15471:1: Del Amo Avenue (Vacant Property)
15171 Del Amo Avenue (Developed Property)
Dear Property Owner:
1. Notice of the Intent of Tustin City Council to Adopt an Amended
Resolution of Necessity. The City Council intends to consider the adoption of an
Amended Resolution of Necessity on August 1, 2005 that, if adopted, will authorize
the City of Tustin ("City") to acquire temporary construction easements described
herein by eminent domain.
A description of the property being considered for acquisition marked
Appendix "A" accompanies the proposed Resolution of Necessity, attached to the
Resolution as Appendix "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, August 1,
2005 at 7:00 p.m., or as soon thereafter as the matter may be heard at 300
Centennial Way, Council Chamber, 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
Notice of Hearing Regarding Adoption of an Amended Resolution of Necessity to
Acquire Property by Eminent Domain [California Code of Civil Procedure 1245.235];
Temporary Construction Easements
July 14, 2005
Page 2
give judicious consideration to your testimony prior to deciding whether or not to
adopt the proposed Amended Resolution of Necessity.
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 Amended 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).
Notice of Hearing Regarding Adoption of an Amended Resolution of Necessity to
Acquire Property by Eminent Domain [California Code of Civil Procedure 1245.235];
Temporary Construction Easements
July 14, 2005
Page 3
3. Failure to Appear and Testify or to File a Written Request to Be
Heard Will Result in Waiver of the Right to Appear and Be Heard. If you desire
to be heard, please be advised that you may appear at the time and date of the
hearing or file a written statement with the City Clerk prior to the time of and date of
the meeting. You must file your statement at Tustin City Hall, 300 Centennial Way,
Tustin, California, 92780-3767.
If you elect not to appear or 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 or 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 or 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.
Dated and Mailed on July 14, 2005.
wd(¡ ~#i.~
William A. Huston, City Manager
Attachments
(Copy of Government Code section 7267.2, subdivisions (a), (b), and (c))
(Proposed Amended Resolution of Necessity)
S:\CIP Projects - Actlve\7130 - Newport Ave ReconfiglAcquisition\Notlce of Intent Ur- Reso Necessity - AAE.doc
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
therefore, 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.
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF ORANGE
I am over the age of 18 and not a party to the within action; I am employed
by CITY OF TUSTIN in the County of Orange at 300 Centennial Way, Tustin, CA
92780-3767.
On July 14, 2005, I served the foregoing document(s) described as Notice
of Hearing Regarding Adoption of an Amended Resolution of Necessity to
Acquire Property by Eminent Domain by placing true copies thereof enclosed
in sealed envelope(s), as follows:
¡g¡ (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 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.
0 (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.
0 (BY OVERNIGHT DELIVERY) I placed said documents in
envelope(s) for collection following ordinary business practices, at the business
offices of 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 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.
0 (PERSONAL SERVICE) I delivered such envelope(s) by hand to
the offices of the addressee(s).
¡g¡ (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.
0 (FEDERAL) I declare that I am employed in the office of a member
of the Bar of this Court 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 July 14, 2005, at Tustin, California.
e~ j:j~
Cecelia Garcia
Administrative Secretary
1 DON MIKE ANTIIONY, State Bar No. 34878
TODD R. MOORE, State BarNo. 193303
2 HAHN & HAHN LLP
NINTH FLOOR
3 301E.COLORADOBOULEVARD
PASADENA, CALIFORNIA 91101-1977
4 Telephone: (626) 796-9123
Facsimile: (626) 449-7357
5
6
Appendix C
Attorneys for Plaintiff CITY OF TUSTIN, a municipal corporation
7
8
9
10
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF ORANGE
11
12
CITY OF TUSTIN, a municipal corporation,
Plaintiff,
CASE NO. 03CCO1932
(Consolidated with CASE NO. 03CC07137)
Commissioner: Eleanor M. Palk
Department: C62
NOTICE OF PARTIAL ABANDONMENT
[Code Civ. Proc. §1268.519(a)]
Legal Issue Trial Date:
Complaint Filed:
November 28, 2005
January 15,2003
13
14
vs.
22
23
TO DEFENDANTS AND TO THEIR ATTORNEYS OF RECORD:
24
NOTICE IS HEREBY GIVEN that Plaintiff contends that the Resolution of Necessity
adopted on May 19, 2003 authorized the taking of temporary construction easements in real
26
27
property more particularly described in Exhibits C, D, G, and H to the Complaint filed May 23,
2003 (in case number 03CC07137), and not a taking in fee simple absolute. On or about June 1,
28
2004, Defendant AAE Pacific Park Associates, LLC filed a motion for an order of the Court to
AAE PACIFIC PARK ASSOCIATES, etc., et
15 aI.,
16
17
Defendants.
18
19 AND RELATED CASE
20
21
25
DMA\99999\4ZTPOI'.DOC {233053.11
NOTICE OF PARTIAL ABANDONMENT
1
have srod taking deemed a taking in fee simple rather than temporary construction easements.
Thereafter Defendant took the motion off calendar without prejudice to raising the issue at a
2
3
bifurcated trial, in limine or through other appropriate procedures. To the extent the Court
ultimately determines that the adoption of said Resolution of Necessity constituted authorization
4
5
for Plaintiff to acquire a fee simple interest in the real property described in said Exhibits C, D, G,
and H , Plaintiff abandons the condemnation of a fee simple interest in said real property, effective
6
7 August 1,2005.
8
9 DATED: August -' 2005
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
DMA'99999"4ZTP<WOOC (233°".1)
HAHN & HAHN LLP
By:
Don Mike Anthony
Attorneys for Plaintiff CITY OF TUSTIN, a
municipal corporation
2
NOTICE OF PARTIAL ABANDONMENT
MAY 19,2003
AGENDA REPORT
14
AGENDA REPORT
Agenda Item
Reviewed:
City Manager ~
Finance Directorð~
MEETING DATE:
TO:
FROM:
SUBJECT:
MAY 19, 2003
WILLIAM A. HUSTON, CITY MANAGER
PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
APPROVAL OF A RESOLUTION OF NECESSITY FOR THE
ACQUISITION OF ASSESSOR PARCELS APN 430-251-001, 430-251-'
002, 430-251-003, 430-251-007, 430-251-008, 430-251-006, AND 430-
251-011 FOR PHASE 1 OF THE NEWPORT AVENUE EXTENSION,
STATE ROUTE 55 NORTHBOUND RAMP RECONFIGURATION,
VALENCIA AVENUE AND DEL AMO AVENUE WIDENING PROJECT
(CIP NO. 7130)
SUMMARY
The proposed resolution will authorize Legal Counsel to acquire property by condemnation needed
for the construction of Phase I of the Newport Avenue Extension, State Route 55 Northbound Ramp
Reconfiguration, Valencia Avenue and Del Arno Avenue Widening Project CIP No. 7130). In order to
construct this project, partial acquisition of certain properties is required. Negotiations with the owners
of the subject parcels 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. 03-62 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 Newport Avenue Extension, State Route 55 Northbound Ramp
Reconfiguration, Valencia Avenue and Del Amo Avenue Widening Project and declaring the public
convenience and necessity thereof.
The resolution recommended for adoption corresponds to the subject properties as follows:
Assessor Parcel
Number APN
430-251-001,430-251-002,
430-251-003,430-251-007,
and 430-251-008 (Vacant)
430-251-006 and
430-251-011 (Developed)
Owner
AAE Pacific Park
Associates, LLC
Location
15471 :!:. Del Amo Ave.
AAE Pacific Park
Associates, LLC
15171 Del Amo Ave.
Approval of a Resolution of Necessity for the Acquisition of Certain Parcels
May 19, 2003
Page 2
FISCAL IMPACT
Adoption of the Resolution of Necessity will authorize the City to post a deposit of $8,557,300 for
right-of-way acquisition of a portion of Assessor Parcel Nos. 430-251-001, 430-251-002, 430-251-
003, 430-251-007, 430-251-008, 430-251-006, and 430-251-011 plus the cost of Legal Counsel for
the eminent domain process. The proposed project is currently included in the City's Fiscal Year
2002-03 Capital Improvement Program and will be funded in Fiscal Year 2003-04.
BACKGROUND
Phase 1 of the Newport Avenue Extension, State Route 55 Northbound Ramp Reconfiguration, Valencia
Avenue and Del Arno Avenue Widening Project proposes the following improvements:
. Extension and widening of Newport Avenue south approximately 1,800 lineal feet from
Edinger Avenue to Valencia Avenue. The proposed Newport Avenue extension will be a
six (6) lane Major Arterial. The proposed features include three (3) lanes in each
direction, raised medians, sidewalks, and bike lanes. Extended double left turn lanes and
a separate right turn lane to the SR-55 on ramps will be provided.
. Realignment of Del Amo Avenue to intersect with the SR-55 ramps and Newport
Avenue. Del Amo Avenue will also be widened to allow for four (4) lanes and provide
an added access route to SR-55. A portion of Del Amo Avenue no longer needed for
street purposes will be vacated after the project. The realignment of Del Amo Avenue
will also necessitate the relocation of a Southern California Edison 66KV Transmission
line that is currently located along Del Amo Avenue. The line is proposed to be
undergrounded'
. Reconstruction of the SR-55 northbound ramps. The current loop ramps at SR-55 and
Edinger Avenue will be removed and replaced by hook ramps approximately 1,200
lineal feet south of Edinger Avenue. This configuration offers many advantages
including an improved level of service and a reduced weaving pattem on the freeway.
A land exchange is planned between Caltrans and the City for the ramp locations.
. Widening of the north side of Valencia Avenue between Newport Avenue and the
existing railroad line to the east. This aspect of the project includes widening to the
north side to place the curb line 42 feet from the roadway centerline, with the right-of-
way widened to 50 feet from the roadway centerline. The south half-width of Valencia
Avenue will remain at 32 feet to the curb line and 40 feet to the right-of-way line until
completed with a future project.
. Construction of a new Edinger Avenue and Newport Avenue intersection and widening
of Edinger Avenue around the intersection. Edinger Avenue at Newport Avenue will be
lowered approximately three (3) feet to accommodate design requirements for the
Newport Avenue extension to the north (Phase II).
Approval of a Resolution of Necessity for the Acquisition of Certain Parcels
May 19, 2003
Page 3
. New signalized intersections will be provided along Newport Avenue at Edinger
Avenue. SR-55 ramps/Del Amo Avenue and Valencia Avenue. The existing signalized
intersection at Del Amo Avenue/Edinger Avenue will be modified to accommodate the
widened roadways. Provision for a future signal at a mid-block commercial driveway
on Newport Avenue north and south of the SR-55/Del Amo Avenue intersection will be
made.
. Landscaping of the freeway right-of-way along the new northbound SR-55 Ramps will
be provided. Existing landscaping affected by the project will also be replaced.
. To facilitate relocation of the existing Johanna-Chestnut and the Johanna-Bryan-Irvine-
Steelcase 66 KV transmission line, formation of a utility undergrounding district is
proposed. The overhead transmission line which runs within Phase I from the
intersection of Del Amo AvenuelValencia Avenue and then north along Del Amo
Avenue to Edinger Avenue is proposed to be placed undemeath the proposed
extension of Newport Avenue.
In order to construct the improvements, right-of-way is required from four (4) property
owners comprising twelve (12) assessor parcels. Offer letters have been presented to
owners of the property interests for all 12 assessor parcels. To date, the City is still
negotiating with three (3) property owners for partial acquisitions of five (5) assessor
parcels. For Assessor Parcel Nos. 430-251-001, 430-251-002, 430-251-003,430-251-
007, 430-251-008, 430-251-006, and 430-251-011 the City's real property negotiator
has reached an impasse with the one property owner holding title to all seven (7)
assessor parcels and is not confident that an appropriate settlement can be obtained in
a timely manner.
A.
The public interest and necessity requires the project.
The public interest and necessity requires the project for the following reasons:
1. The project will improve traffic circulation by providing additional roadway capacity
and will accommodate existing and future local and regional traffic.
2. The project will provide another North-South Arterial within the City and reduce
congestion on other City Arterials such as Red Hill Avenue.
3. Construction of the project will improve levels of service on the State Route 55
Freeway in the vicinity of Edinger Avenue by reducing the weaving pattern and
providing a greater separation between freeway ingress and egress at the ramps.
4. Construction of the project will bring Newport Avenue into conformity with the
Orange County Master Plan of Arterial Highways.
5. Construction of the project will bring Newport Avenue, Del Amo Avenue and the
SR-55 northbound ramps into conformity with the City of Tustin's Circulation
Element of the General Plan.
Approval of a Resolution of Necessity for the Acquisition of Certain Parcels
May 19, 2003
Page 4
6. Construction of the project will bring Newport Avenue and the SR-55 northbound
ramps into conformity with the City of Tustin's Growth Management Element of the
General Plan.
7. Construction of the project will bring Newport Avenue, Del Amo Avenue and the
SR-55 northbound ramps into conformity with the Pacific Center East Specific Plan
(Specific Plan).
The evidence supporting the above reasons is found in the record of the approval of the
project on May 5, 2003, including all the written and oral testimony presented at that time. The
record of that approval is hereby incorporated by this reference. It is recommended based
upon the above evidence that the City Council find and determine that the public interest and
necessity require the project.
B.
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.
The traffic improvement project is part of the Pacific Center East Specific Plan that was
approved by the City Council on December 17, 1990, after approval of Final EIR 90-1.
Since then the traffic improvement project design has been refined and the property
acquisitions further defined. A Supplement to Final EIR 90-1 was prepared and
circulated for comment after an Initial Study showed that only traffic impacts needed to
be reevaluated. On May 5, 2003, the City Council and Redevelopment Agency each
certified Final EIR 90-1 as revised by Final Supplement #1 as complete in accordance
with the California Environmental Quality Act and approved the project. Mitigation
Measures identified in Final EIR 90-1 as revised by Final Supplement #1 were
incorporated into the project approval to mitigate the physical impacts to the
environment to a less than significant level. A statement of Overriding Considerations
that describes the project's benefits which override its unavoidable environmental
effects to air quality and one intersection was adopted. The record of the approval of
the project on May 5, 2003, including certification of the environmental documents and
incorporation of mitigation measures, is incorporated herein by this reference.
In addition, the City's Engineering Consultant worked closely with the City's Right-of-
way Consultant and the property owner to minimize acquisitions.
Assessor Parcel Nos. 430-251-006 and 430-251-011 are currently developed with a
building at 15171 Del Amo Avenue with concrete tilt-up exterior walls. The building
contains a gross building area of approximately 84,000 square feet and was
constructed in 1967. It is being used as a warehouse.
At the request of the property owner, the proposed intersection of Newport
Avenue/State Route 55 Northbound Ramps/Del Amo Avenue for this Project was
redesigned to alleviate an encroachment by the roadway improvements into the
southwest corner of the existing warehouse building. As a result, the building structure
itself at 15171 Del Amo Avenue will not be impacted by the proposed project.
-~----_._~----
Approval of a Resolution of Necessity for the Acquisition of Certain Parcels
May 19, 2003
Page 5
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.
C.
The subject property interests are necessary for the proposed project.
For parcels APN 430-251-001, 430-251-002, 430-251-003, 430-251-007 and 430-251-
008 (AAE Vacant) and APN 430-251-006 and 430-251-011 (AAE Developed), the
construction of the Newport Avenue Extension, State Route 55 Northbound Ramp
Reconfiguration, Valencia Avenue and Del Amo Avenue Widening Project
necessitates acquisition of a portion of each property.
All properties are 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.
D.
Offers were made in compliance with Govemment Code Section 7267.2.
California Code of Civil Procedure Section 1245.230 requires that a Resolution of
Necessity contain a declaration that the goveming body has found and determined that
either the offer required by Section 7267.2 of the Califomia Govemment 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.
Califomia 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 property.
1. Obtained appraisals to detennine the fair market value of the property.
2. Reviewed and approved each 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.
- - --- H- -- ---
Approval of a Resolution of Necessity for the Acquisition of Certain Parcels
May 19, 2003
Page 6
E.
The property owner was notified of the proposed adoption of the Resolution of Necessity
and ofthe Right to be Heard.
Califomia 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 April 29, 2003, City staff notified the property owners of these
rights. Copies of these letters are attached as Exhibit C. The individual property owner
has 15 days to file a request with the City Clerk to speak on May 19, 2003. Staff shall
inform the City Council on May 19, 2993 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 Resolution No. 03-62 for the subject properties authorizing and directing the City
Attomey and/or Special Legal Counsel to acquire by condemnation certain real property interests as
described in this report and in the resolution and to obtain immediate possession, thereof, for the
intended purposes and declaring the public convenience and necessity thereof.
c~&-.~
Tim D. Serlet
Director of Public Works/City Engineer
~¿~
Dana R. Kasdan
Engineering Services Manager
TDS:DRK:ccg:Approvalof Rosa of Necessity acq AP Newport ext.doc
Attachments:
Resolution of Necessity
Appendix A to the Resolution of Necessity
Notice of Intent to Adopt
Resolution of Necessity
Appendix A to the Resolution of Necessity
Notice of Intent to Adopt
For
AAE Pacific Park Associates, LLC
15471 ~ Del Arno Avenue
APN 430-251-001, 430-251-002, 430-251-003,
430-251-007, and 430-251-008
15171 Del Arno Avenue
APN 430-251-006 and 430-251-011
Resolution No. 03-62
RESOLUTION NO. 03-62
2
3
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 NEWPORT AVENUE EXTENSION, STATE
ROUTE 55 NORTHBOUND RAMP RECONFIGURATION,
VALENCIA AVENUE AND DEL AMO AVENUE WIDENING
PROJECT (CIP 7130) AND DECLARING THE PUBLIC
CONVENIENCE AND NECESSITY THEREOF.
4
5
6
7
8
9
10 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:
11
WHEREAS, City intends to construct the Newport Avenue Extension, State Route 55
12 Northbound Ramp Reconfiguration, Valencia Avenue and Del Amo Avenue Widening Project
13 ("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
14
WHEREAS, City intends to construct the Project to make effective the principal
15 purpose of reconfiguring, extending and widening the street system in compliance with the
16 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
17 of Civil Procedure section 1240.120(a); and
18 WHEREAS, the Project requires the acquisition of fee interests and temporary
construction easements in certain real property located at 15471:1: Del Amo Avenue (APN
19 430-251-001, 430-251-002, 430-251-003, 430-251-007, and 430-251-008) and located at
20 15171 Del Amo Avenue (APN 430-251-006 and 430-251-011); 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
22 exercise the power of eminent domain for the public use set forth herein in accordance with
23 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
24 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
25 acquisitions); and
26 WHEREAS, the real property interests sought to be acquired for the Project consists
27 of seven assessor parcels and is located within the territorial limits of City and is generally
located on the west side of Del Amo Avenue between Edinger Avenue and Valencia Avenue
28 and east of the SR-55 Freeway; and
21
-------------
WHEREAS, the plans for the Project are on file with the Director of Public Works of
City; and
2
3 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
4
WHEREAS, City has established the amounts it believes to be just compensation for
5 the hereinafter described real property interests sought to be acquired; and
6 WHEREAS, pursuant to Government Code section 7267.2, City has offered to the
7 owners of the real property and interests therein the full amount established as just
compensation for the real property sought to be acquired; and
8
WHEREAS, City has provided the owners of the real property and interests therein a
9 written statement and summary of the basis for the amount established as just compensation
10 for the real property and interests sought to be acquired; and
11 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
12 failed to favorably respond to the offers of the amounts established by City as just
13 compensation; and
14 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
15 Government Code, section 65402 found that the proposed location, purpose, and extent of
16 the project is consistent with the City's General Plan; and
WHEREAS, on May 5, 2003 the City Council approved Final Environmental Impact
Report 90-1 as revised by Final Supplement #1 as adequate for the Project (CIP No. 7130)
18 pursuant to Public Resources Code section 21000, et seq., the California Environmental
Quality Act ("CEQA"), and approved the Project (adopting findings, a Statement of Overriding
19 Considerations, and a Mitigation Monitoring and Reporting Program), and on May 6, 2003
20 the City filed a Notice of Determination under CECA with the County Clerk of the County of
Orange, California; and
17
21
WHEREAS, pursuant to the provisions of Code of Civil Procedure, section 1245.235,
22 on April 29, 2003 there was mailed a Notice of Hearing on the intent of City Council to Adopt
23 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
24 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
25 described in Appendix A, and to the address appearing on the Roll. The Notice of Hearing
26 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
27 stated therein.
28
-2-
2
3
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, STATE OF
CALIFORNIA, finds, determines and orders as follows:
4
5
SECTION 1. The above recitations are true.
SECTION 2. The May 19, 2003 staff report has been read and considered along with
all evidence presented at the hearing.
6
7
SECTION 3. The hearing set out in the Notice of Hearing was held on May 19, 2003
at the time and place stated therein, and all interested parties were given an opportunity to
be heard. The hearing was closed.
8
9 SECTION 4. Based upon the evidence presented, including the staff report and all
10 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
11 the following:
12
13
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.
14
15
c. The property described in Appendix A is necessary for the proposed Project.
16
17
d. The offer required by Govemment 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).
18
19
20
21
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.
22 SECTION 6. The City Attorney or Special Legal Counsel, Hahn & Hahn, is hereby
23 AUTHORIZED and EMPOWERED:
24
25
a. 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;
26
27
b. To acquire the property in fee simple absolute unless a lesser estate is described
in Appendix A;
28
-3-
------- - --
2
3
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;
4
5
d. 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.
6 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
on the 19th day of May 2003.
7
8
9
10
ATTEST:
Tracy Wills Worley, Mayor
11
12
13 PAMELA STOKER
CITY CLERK
14
15
16 STATE OF CALIFORNIA)
COUNTY OF ORANGE)
17 CITY OF TUSTIN )
18 RESOLUTION NO. 03-62
19 Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
20 Califqrnia, 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
21 a regular meeting of the City Council held on the - day of , 200_, by the
following vote:
22
23 COUNCILMEMBER AYES:
24 COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
25 COUNCILMEMBER ABSENT:
26
27
PAMELA STOKER
28 City Clerk
-4-
2
3 A.
4
5
6 B.
7
8
C.
9
10 D.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Exhibit "A"
Exhibit "An
Exhibit "A"
Exhibit "A"
Appendix A
CONTENTS
Legal Description Parcel 102052-1 (AAE Pacific Park)
APN 430-251-001, 430-251-002, 430-251-003,
430-251-007 and 430-251-008
Legal Description Parcel 102052-1 (AAE Pacific Park)
APN 430-251-001, 430-251-002, 430-251-003.
430-251-007 and 430-251-008
Temporary Construction Easements
Legal Description Parcel 102052-1 (AAE Pacific Park)
APN 430-251-006 and 430-251-011
Legal Description Parcel 102052-1 (AAE Pacific Park)
APN 430-251-006 and 430-251-011
Temporary Construction Easements
-5-
PSOMAS
EXHIBIT 'A'
2
3
LEGAL DESCRIPTION
PARCEL 102052-1 (AAEPACIFICPARK)
APN 430-251-001,002,003,007,008
4
5
6
7
THAT PORTION OF LOTS 65 AND 80, BLOCK 10 OF IRVINE'S SUBDIVISION, IN
THE CITY OF TUSTIN, COUNTY OF ORANGE, ST ATE OF CALIFORNIA, FILED
IN BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS, RECORDS OF SAID
COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
9
10
11
12
PARCEL 1
BEGINNING AT THE WESTERLY CORNER OF SAID LOT 80, SAID CORNER
ALSO BEING THE INTERSECTION OF THE PRODUCED CENTERLINES OF
V ALENClA AVENUE (24.384 METERS WIDE) AND OLD NEWPORT AVENUE
(18.288 METERS WIDE) AS SHOWN ON CALIFORNIA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY MAP FI617-6; THENCE ALONG THE
SOUTHWESTERLY LINE OF SAID LOT 80 AND SAID CENTERLINE OF
VALENCIA AVENUE SOUTH 49°20'06" EAST 20.900 METERS; THENCE
LEAVING SAID SOUTHWESTERLY LINE AND CENTERLINE
NORTH 40°39'54" EAST 12.192 METERS TO THE NORTHEASTERLY LINE OF
SAID V ALENClA AVENUE, AND THE TRUE POINT OF BEGINNING; THENCE
NORTH 58°47'36" EAST 12.493 METERS; THENCE NORTH 45°31 '48" EAST
114.195 METERS; THENCE NORTH 51°14'21" EAST 15.331 METERS TO THE
BEGINNING OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF
94.100 METERS; THENCE EASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 48°45'58" A DISTANCE OF 80.091 METERS; THENCE
SOUTH 79°59' 40" EAST 110.354 METERS TO THE BEGINNING OF A NON-
TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF
7.925 METERS, A RADIAL LINE TO SAID CURVE BEARS
NORTH 89°11 '09" EAST; THENCE SOUTHERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 11°26'39" A DISTANCE OF 1.583 METERS;
THENCE SOUTH 10°43 '32" WEST 22.819 METERS; THENCE
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PSOM4S
2
SOUTH 10°32'35" WEST 24.995 METERS TO THE BEGINNING OF A NON-
TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF
4
421.206 METERS A RADIAL LINE TO SAID CURVE BEARS
SOUTH 79°22'11" EAST; THENCE SOUTHERLY ALONG SAID CURVE
TIIROUGH A CENTRAL ANGLE OF 29°56'20" A DISTANCE OF 220.094 METERS
TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
NORTHWESTERLY HA VlNG A RADIUS OF 7.925 METERS A RADIAL LINE TO
SAID CURVE BEARS SOUTH 49° 11 '29" EAST; THENCE SOUTHWESTERLY
ALONG SAID CURVE TIIROUGH A CENTRAL ANGLE OF 11 °04'59" A
DISTANCE OF 1.533 METERS; THENCE SOUTH 85°54'23" WEST 8.867 METERS
TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
NORTHEASTERLY HAVING A RADIUS OF 7.925 METERS, A RADIAL LINE TO
SAID CURVE BEARS SOUTH 30°48' 13" WEST; THENCE NORTHWESTERLY
ALONG SAID CURVE TIIROUGH A CENTRAL ANGLE OF 10°44'58" A
DISTANCE OF 1.487 METERS; THENCE NORTH 49°20'06" WEST
94.976 METERS; THENCE SOUTH 45°12'11" WEST 3.072 METERS TO THE
NORTHEASTERLY LINE OF SAID VALENCIA AVENUE; THENCE ALONG SAID
NORTHEASTERLY LINE SOUTH 49°20'06" EAST 105.605 METERS; THENCE
NORTH 40°39'54" EAST 3.048 METERS; THENCE SOUTH 49°20'06" EAST
3.048 METERS; THENCE NORTH 85°39'51" EAST 8.620 METERS TO THE
NORTHWESTERLY LINE OF DEL AMO AVENUE (21.336 METERS WIDE);
THENCE ALONG SAID NORTHWESTERLY LINE NORTH 40°39'12" EAST
159.437 METERS TO THE BEGINNING NON-TANGENT CURVE CONCAVE
WESTERLY HAVING A RADIUS OF 460.831 METERS, A RADIAL LINE TO SAID
CURVE BEARS SOUTH 69°25'52" EAST; THENCE NORTHEASTERLY ALONG
SAID CURVE TIIROUGH A CENTRAL ANGLE OF 9°56'19" A DISTANCE OF
79.938 METERS; THENCE NORTH W37'49" EAST 48.665 METERS TO THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY HAVING A
RADIUS OF 7.925 METERS A RADIAL LINE TO SAID CURVE BEARS
NORTH 80°02'02" WEST; THENCE NORTHERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE 1O034'39"A DISTANCE OF 1.463 METERS;
6
7
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IS
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PSOMAS
2
3
THENCE NORTH 54°24'56" EAST 8.839 METERS TO THE BEGINNING OF A
NON- TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADlliS OF
7.925 METERS, A RADIAL LINE TO SAID CURVE BEARS
NORTH 01 °41 '25" WEST; THENCE EASTERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 9°21 '27" A DISTANCE OF 1.294 METERS TO THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHERLY HAVING A
RADlliS OF 189.192 METERS, A RADIAL LINE TO SAID CURVE BEARS
SOUTH 07°39'59" WEST; THENCE EASTERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 19°34'40" A DISTANCE OF 64.646 METERS TO THE
SOUTHWESTERLY LINE OF PARCEL 2 AS DESCRIBED IN THE INSTRUMENT
RECORDED AS DOCUMENT NUMBER 19980600611, OF OFFICIAL RECORDS
OF SAID COUNTY, THENCE ALONG SAID SOUTHWESTERLY LINE
NORTH 49°20'30" WEST 42.349 METERS TO A NON-TANGENT CURVE
CONCAVE NORTHEASTERLY HAVING A RADlliS OF 136.674 METERS, A
RADIAL LINE TO SAID POINT BEARS SOUTH 02°07'06" WEST; THENCE
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
7°59'49" A DISTANCE OF 19.076 METERS: THENCE NORTH 79°53'05" WEST
4
6
7
8
9
10
11
12
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16
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18
19
7.400 METERS; THENCE NORTH 33°04'58" WEST 11.320 METERS; THENCE
NORTH 10°37'43" EAST 3.189 METERS TO THE BEGINNING OF A NON-
TANGENT CURVE CONCAVE SOUTHEASTHERL Y HAVING A RADlliS OF
449.797 METERS, A RADIAL LINE TO SAID CURVE BEARS
NORTH 79°22'11" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE 1°15'47" A DISTANCE OF 9.914 METERS TO
SAID SOUTHWESTERLY LINE OF PARCEL 2; THENCE ALONG SAID
SOUTHWESTERLY LINE NORTH 49°20'30" WEST 11.735 METERS TO THE
SOUTHEASTERLY LINE OF THAT CERTAIN PARCEL RECORDED IN BOOK
7404, PAGE 168, OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG
SAID SOUTHEASTERLY LINE NORTH 40°39'07" EAST 22.913 METERS TO A
NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADlliS OF
449.797 METERS A RADIAL LINE TO SAID POINT BEARS
20
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-----.-.--
PSOMAS
2
NORTH 74°49'37" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF W03'31" A DISTANCE OF 149.617 METERS;
THENCE NORTH 34°55'51" EAST 10.981 METERS; THENCE
NORTH 35°37'49" EAST 131.444 METERS TO THE SOUTHEASTERLY LINE OF
THE RIGHT OF WAY TO THE STATE OF CALIFORNIA AS DESCRIBED IN
BOOK 6680 PAGE 242 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE
ALONG SAID SOUTHEASTERLY LINE SOUTH 89°57'35" WEST 26.185 METERS;
THENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE
SOUTH 56°32'28" WEST 51.424 METERS; THENCE LEAVING SAID
SOUTHEASTERLY LINE SOUTH 35°37'49" WEST 68.138 METERS; THENCE
SOUTH 35°00'54" WEST 10.510 METERS; THENCE NORTH 57°06'17" WEST
3.657 METERS TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 493.079 METERS, A RADIAL LINE
TO SAID CURVE BEARS NORTH 55°36'41" WEST; THENCE SOUTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE 23°45'30" A DISTANCE
OF 204.462 METERS; THENCE SOUTH 10°38'45" WEST 3.951 METERS TO THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY
HAVING A RADIUS OF 7.952 METERS, A RADIAL LINE TO SAID CURVE
BEARS SOUTH 76°16'01"EAST; THENCE SOUTHWESTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE 15°04' 18" A DISTANCE OF
2.092 METERS; THENCE NORTH 79°53'05" WEST 55.897 METERS TO THE
BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF
41.000 METERS; THENCE NORTHWESTERLY, NORTHERLY AND
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
110°13'03" A DISTANCE OF 78.870 METERS; THENCE NORTH 30° 14'28" EAST
84.541 METERS TO SAID SOUTHEASTERLY LINE OF THE RIGHT OF WAY TO
THE STATE OF CALIFORNIA; THENCE ALONG SAID SOUTHEASTERLY LINE
SOUTH 42°57'08" WEST 274.525 METERS; THENCE CONTINUING ALONG SAID
SOUTHEASTERLY LINE SOUTH 40°38'55" WEST 107.046 METERS TO SAID
NORTHEASTERLY LINE OF VALENCIA A VENUE; THENCE ALONG SAID
4
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--~~------
PSOMAS
2
NORTHEASTERLY LINE SOUTH 49°20'06" EAST 6.878 METERS TO THE TRUE
POINT OF BEGINNING.
4
5
CONTAINING 4.007 HECTARES OR 40067.4 SQUARE METERS MORE OR LESS.
6
PARCEL 2
BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF
SAID LOT 65, SAID LINE ALSO BEING THE CENTERLINE OF NEWPORT
AVENUE (18.288 METERS WIDE), WITH THE CENTERLINE OF EDINGER
AVENUE (24.384 METERS WIDE) PER PARCEL MAP, FILED IN BOOK 28,
PAGE 12 OF PARCEL MAPS, RECORDS OF SAID COUNTY; THENCE ALONG
SAID CENTERLINE OF EDINGER AVENUE SOUTH 49°20'30" EAST
128.081 METERS; THENCE LEAVING SAID CENTERLINE
SOUTH 40°39'30" WEST 19.861 METERS TO A LINE PARALLEL WITH AND
19.861 METERS SOUTHWESTERLY OF SAID CENTERLINE OF EDINGER
AVENUE, SAID POINT ALSO BEING ON THE SOUTHEASTERLY LINE OF THE
RIGHT OF WAY TO THE STATE OF CALIFORNIA AS DESCRIBED IN BOOK
6680, PAGE 242 OF OFFICIAL RECORDS OF SAID COUNTY AND THE TRUE
POINT OF BEGINNING; THENCE ALONG SAID SOUTHEASTERLY LINE
NORTH 89°57'35" EAST 1.911 METERS; THENCE CONTINUING ALONG SAID
SOUTHEASTERLY LINE SOUTH 55°03'48" EAST 30.633 METERS; THENCE
SOUTH 49°20'30" EAST 1.758 METERS TO THE NORTHWESTERLY LINE OF
THAT CERTAIN PARCEL RECORDED IN BOOK 7404, PAGE 168, OF OFFICIAL
RECORDS OF SAID COUNTY; THENCE ALONG SAID NORTHWESTERLY LINE
NORTH 40°39'12" EAST 0.353 METERS; THENCE SOUTH 49°20'30" EAST
2.484 METERS; THENCE SOUTH 04°20'30" EAST 6.571 METERS; THENCE
NORTH 49°20'30" WEST 40.816 METERS TO THE TRUE POINT OF
BEGINNING.
7
8
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10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
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CONTAINING 0.0012 HECTARES OR 115.1 SQUARE METERS, MORE OR LESS.
SEE EXHIBIT 'B' ATTACHED HERETO AND MADE APART HEREOF.
31
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~- -~-- ---
PSOMAS
2
THIS LEGAL DESCRJPTION IS NOT INTENDED FOR USE IN THE DIVISION
AND/OR CONVEYANCE OF LAND IN VIOLATION OF THE SUBDMSION MAP
ACT OF THE STATE OF CALIFORNIA.
4
6
7
8
9
PREPARED UNDER THE DIRECTION OF
10
11
dAc c: ~
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Atrn .
12
13
14
WALTER A. SHEEK, PLS 4838
LICENSE EXPIRES 9/30/04
15
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EXHIBIT
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PORTION OF LOTS 6S AND BO. BLOCK 10. IRVINE'S
SUBDIVISION, M.M.I/BB
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SUBOIVISION. M.M. IIBB
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SUBDIVISION, M.M. I/BB
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PSOMAS
EXHIBIT 'A'
2
3
4
5
6
LEGAL DESCRIPTION
TEMPORARY CONSTRUCfION EASEMENTS
APN 430-251-001,002,003,007,008
7
THOSE PORTIONS OF LOTS 65 AND 80, BLOCK 10 OF IRVINE'S SUBDIVISION,
IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA,
FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS, RECORDS OF SAID
COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
9
10
11
12
FOR THE PURPOSE OF THIS DESCRIPTION THE FOLLOWING CONTROL LINE
IS HEREBY ESTABLISHED:
13
14
CONTROL LINE "A"
15
16
BEGINNING AT THE WESTERLY CORNER OF SAID LOT 80, SAID CORNER
ALSO BEING THE INTERSECTION OF THE PRODUCED CENTERLINES OF
VALENCIA AVENUE (24.384 METERS WIDE) AND OLD NEWPORT AVENUE
(18.288 METERS WIDE) AS SHOWN ON CALIFORNIA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY MAP FI617-6; THENCE ALONG THE
SOUTHWESTERLY LINE OF SAID LOT 80 AND SAID CENTERLINE OF
VALENCIA AVENUE SOUTH 49°20'06" EAST 20.900 METERS; THENCE
LEAVING SAID SOUTHWESTERLY LINE AND CENTERLINE
NORTH 40°39'54" EAST 12.192 METERS TO THE NORTHEASTERLY LINE OF
SAID VALENCIA AVENUE, AND THE TRUE POINT OF BEGINNING; THENCE
NORTH 58°47'36" EAST 12.493 METERS; THENCE NORTH 45°31 '48" EAST
114.195 METERS; THENCE NORTH 51°14'21"EAST 15.331 METERS TO THE
BEGINNING OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF
94.100 METERS; THENCE EASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 48°45'58" A DISTANCE OF 80.091 METERS; THENCE
SOUTH 79°59'40" EAST 110.354 METERS TO THE BEGINNING OF A NON-
TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
S:l2dokOI 03Ireports~cgal"'ac_rev - TCE.doc
ApriI29,2003
LMH:lmh
Sheet 1 of 13
-----
PSOMAS
2
7.925 METERS, A RADIAL LINE TO SAID CURVE BEARS
NORTH 89°11'09" EAST; THENCE SOUTHERLY ALONG SAID CURVE
TIIROUGH A CENTRAL ANGLE OF 11 °26'39" A DISTANCE OF 1.583 METERS;
THENCE SOUTH 10°43'32" WEST 22.819 METERS; THENCE
SOUTH 10°32'35" WEST 24.995 METERS TO THE BEGINNING OF A NON-
TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF
421.206 METERS A RADIAL LINE TO SAID CURVE BEARS
4
5
6
7
9
SOUTH 79°22'11" EAST; THENCE SOUTHERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 15°23'49" A DISTANCE OF 113.190 METERS
TO A POINT HEREIN AFTER DESCRIBED AS POINT "A"; THENCE ALONG
SAID CURVE 14°32'31" A DISTANCE OF 106.904 METERS TO THE BEGINNING
OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A
RADIUS OF 7.925 METERS A RADIAL LINE TO SAID CURVE BEARS
10
It
12
13
14
SOUTH 49° 11 '29" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 11 °04'59" A DISTANCE OF 1.533 METERS;
THENCE SOUTH 85°54'23" WEST 8.867 METERS TO THE BEGINNING OF A
NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF
7.925 METERS, A RADIAL LINE TO SAID CURVE BEARS
SOUTH 30°48' 13" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 10°44'58" A DISTANCE OF 1.487 METERS;
THENCE NORTH 49°20'06" WEST 94.976 METERS; THENCE
SOUTH 45°12'11" WEST 3.072 METERS TO THE NORTHEASTERLY LINE OF
SAID VALENCIA AVENUE; THENCE ALONG SAID NORTHEASTERLY LINE
SOUTH 49°20'06" EAST 105.605 METERS; THENCE NORTH 40°39'54" EAST
3.048 METERS; THENCE SOUTH 49°20'06" EAST 3.048 METERS; THENCE
NORTH 85°39' 51" EAST 8.620 METERS TO THE NORTHWESTERLY LINE OF
DEL AMO AVENUE (21.336 METERS WIDE); THENCE ALONG SAID
NORTHWESTERLY LINE NORTH 40°39'12" EAST 159.437 METERS TO A POINT
HEREINAFTER DESCRIBED AS POINT "B", SAID POINT ALSO BEING ON A
NON- TANGENT CURVE CONCA VB WESTERLY HAVING A RADIUS OF
460.831 METERS, A RADIAL LINE TO SAID CURVE BEARS
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
S :I2dokO 1 03\rcpcrts ~cgal\aacJ'CV - TCE.doc
May 9. 2002
LMH:Imh
Sheet 2 of 13
PSOMAS
2
SOUTH 69°25'52" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 5°13'10" A DISTANCE OF 41.979 METERS
4
TO A POINT HEREINAFTER DESCRIBED AS POINT "C"; THENCE CONTINUING
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4°43'09" A DISTANCE
OF 37.959 METERS; THENCE NORTH r003?' 49" EAST 48.665 METERS TO THE
BEGINNING OFANON-TANGENT CURVB CONCAVE EASTERLY HAVING A
5
6
7
RADIUS OF 7.925 METERS A RADIAL LINE TO SAID CURVE BEARS
NORTH 80°02'02" WEST; THENCE NORTHERLY ALONG SAID CURVB
THROUGH A CENTRAL ANGLE 10°34'39" A DISTANCE OF 1.463 METERS;
THENCE NORTH 54°24'56" EAST 8.839 METERS TO THE BEGINNING OF A
NON-TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF
7.925 METERS, A RADIAL LINE TO SAID CURVE BEARS
NORTH 01 °41 '25" WEST; THENCE EASTERLY ALONG SAID CURVB THROUGH
A CENTRAL ANGLE OF 9°21'27" A DISTANCE OF 1.294 METERS TO A POINT
HEREINAFTER DESCRIBED AS POINT "D", SAID POINT ALSO BEING THE
BEGINNING OF A NON-TANGENT CURVE CONCA VB NORTHERLY HAVING A
RADIUS OF 189.192 METERS, A RADIAL LINE TO SAID CURVE BEARS
SOUTH 07°39'59" WEST; THENCE EASTERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 19°34'40" A DISTANCE OF 64.646 METERS TO THE
SOUTHWESTERLY LINE OF PARCEL 2 AS DESCRIBED IN THE INSTRUMENT
RECORDED AS DOCUMENT NUMBER 19980600611, OF OFFICIAL RECORDS
OF SAID COUNTY, THENCE ALONG SAID SOUTHWESTERLY LINE
NORTH 49°20'30" WEST 42.349 METERS TO A POINT HEREINAFTER
DESCRIBED AS POINT "E", SAID POINT ALSO BEING ON A CURVE CONCAVE
NORTHEASTERLY HAVING A RADIUS OF 136.674 METERS, A RADIAL LINE
TO SAID POINT BEARS SOUTH 02°07'06" WEST; THENCE SOUTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7°59'49" A DISTANCE
OF 19.076 METERS: THENCE NORTH 79°53'05" WEST 7.400 METERS; THENCE
NORTH 33°04'58" WEST 11.320 METERS; THENCE NORTH 10°37'43" EAST
3.189 METERS TO THE BEGINNING OF A NON-TANGENT CURVB CONCA VB
SOUTHEASTHERL Y HAVING A RADIUS OF 449.797 METERS, A RADIAL LINE
9
10
It
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
S :\2dokO 1 03\rcports~cga1\aac JCV - TCE-doc
May 9. 2002
!MH:lmh
Sheet 3 of 13
- - ------- ----~--
PSOMAS
2
TO SAID CURVE BEARS NORTH 79°22'11" WEST; THENCE NORTHEASTERLY
ALONG SAID CURVB THROUGH A CENTRAL ANGLE 1 °15'47" A DISTANCE OF
9.914 METERS TO SAID SOUTHWESTERLY LINE OF PARCEL 2; THENCE
ALONG SAID SOUTHWESTERLY LINE NORTH 49°20'30" WEST 11.735 METERS
TO THE SOUTHEASTERLY LINE OF THAT CERTAIN PARCEL RECORDED IN
BOOK 7404, PAGE 168, OF OFFICIAL RECORDS OF SAID COUNTY; THENCE
ALONG SAID SOUTHEASTERLY LINE NORTH 40°39'07" EAST 22.913 METERS
TO A POINT HEREINAFTER DESCRIBED AS POINT "F', SAID POINT BEING ON
A NON-TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS
OF 449.797 METERS A RADIAL LINE TO SAID POINT BEARS
NORTH 74°49'37" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 16"22'19" A DISTANCE OF 128.526 METERS
TO A POINT HEREINAFTER DESCRmED AS POINT "G"; THENCE CONTINUING
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF2°41'11" A DISTANCE
OF 21.091 METERS; THENCE NORTH 34°55'51"EAST 10.981 METERS; THENCE
NORTH 35°37'49" EAST 131.444 METERS TO A POINT HEREINAFTER
DESCRIBED AS POINT "H", SAID POINT ALSO BEING ON THE
SOUTHEASTERLY LINE OF THE RIGHT OF WAY TO THE ST ATE OF
CALIFORNIA AS DESCRIBED IN BOOK 6680 PAGE 242 OF OFFICIAL RECORDS
OF SAID COUNTY; THENCE ALONG SAID SOUTHEASTERLY LINE
SOUTH 89°57'35" WEST 26.185 METERS; THENCE CONTINUING ALONG SAID
SOUTHEASTERLY LINE SOUTH 56°32'28" WEST 51.424 METERS TO A POINT
HEREINAFTER DESCRIBED AS POINT "r'; THENCE LEAVING SAID
SOUTHEASTERLY LINE SOUTH 35°37' 49" WEST 68.138 METERS; THENCE
SOUTH 35°00'54" WEST 10.510 METERS; THENCE NORTH 57°06'17" WEST
3.657 METERS TO THE BEGINNING OF A NON-TANGENT CURVB CONCA VB
SOUTHEASTERLY HAVING A RADIUS OF 493.079 METERS, A RADIAL LINE
TO SAID CURVB BEARS NORTH 55°36'41" WEST; THENCE SOUTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE 0°16'17" A DISTANCE OF
2.335 METERS TO A POINT HEREINAFTER DESCRIBED AS POINT "J"; THENCE
4
5
6
7
8
9
10
11
12
\3
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
s :\2dokO 1 03\rcpcrts~cgaI\aac JCV - TCE.doc
May 9. 2002
LMH:1mh
Sheet 4 of 13
PSOMAS
2
CONTINUING ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
23°29'13" A DISTANCE OF 202.127 METERS; THENCE
SOUTH 10°38'45" WEST 3.951 MEIERS TO THE BEGINNING OF A NON-
TANGENT CURVE CONCA VB NORTHWESTERLY HAVING A RADIUS OF
7.952 METERS, A RADIAL LINE TO SAID CURVB BEARS
SOUTH 76°16'01" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVB
THROUGH A CENTRAL ANGLE 15°04'18" A DISTANCE OF 2.092 METERS;
THENCE NORTH 79°53'05" WEST 55.897 METERS TO THE BEGINNING OF A
4
5
6
7
9
10
CURVB CONCA VB EASTERLY HAVING A RADIUS OF 41.000 METERS;
THENCE NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE 110°13'03" A DISTANCE OF
78.870 METERS; THENCE NORTH 30° 14'28" EAST 84.541 METERS TO SAID
SOUTHEASTERLY LINE OF THE RIGHT OF WAY TO THE STATE OF
CALIFORNIA; THENCE ALONG SAID SOUTHEASTERLY LINE
SOUTH 42°57'08" WEST 274.525 METERS; THENCE CONTINUING ALONG SAID
SOUTHEASTERLY LINE SOUTH 40°38'55" WEST 107.046 METERS TO SAID
NORTHEASTERLY LINE OF VALENCIA A VENUE; THENCE ALONG SAID
NORTHEASTERLY LINE SOUTH 49°20'06" EAST 6.878 METERS TO THE TRUE
POINT OF BEGINNING.
11
12
13
14
15
16
17
18
19
20
21
22
TEMPORARY CONSTRUCTION EASEMENT 1
23
24
A STRIP OF LAND 5.000 METERS WIDE LYING TO THE RIGHT OF THE
FOLLOWING DESCRIBED LINE, IN THE DIRECTION OF TRAVEL:
25
26
27
28
BEGINNING AT THE AFOREMENTIONED TRUE POINT OF BEGINNING;
THENCE NORTH 58°47'56" EAST 12.493 METERS; THENCE
NORTH 45°31'48" EAST 114.195 METERS; THENCE NORTH 51°14'21" EAST
15.331 METERS TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY
29
30
S :\2dokO 1 03\rcpo",~ga1Iaac JCV _TeE-doc
May 9. 2002
LMH:lmh
Sheet 5 of 13
------.
PSOMAS
2
HAVING A RADIUS OF 94.100 METERS; THENCE EASTERLY ALONG SAID
CURVB THROUGH A CENTRAL ANGLE OF 48045'58" A DISTANCE OF
80.091 METERS; THENCE SOUTH 79059'40" EAST 110.354 METERS TO THE
BEGINNING OF ANON-TANGENT CURVB CONCAVE WESTERLY HAVING A
RADIUS OF 7.925 METERS, A RADIAL LINE TO SAID CURVE BEARS
NORTH 89° 11'09" EAST; THENCE SOUTHERLY ALONG SAID CURVB
THROUGH A CENTRAL ANGLE OF 11026'39" A DISTANCE OF 1.583 METERS;
THENCE SOUTH 10°43'32" WEST 22.819 METERS; THENCE
SOUTH 10°32'35" WEST 24.995 METERS TO THE BEGINNING OF A NON-
TANGENT CURVE CONCA VB WESTERLY HAVING A RADIUS OF
421.206 METERS A RADIAL LINE TO SAID CURVE BEARS
SOUTH 79°22' 11" EAST; THENCE SOUTHERLY ALONG SAID CURVB
THROUGH A CENTRAL ANGLE OF 29°56'20" A DISTANCE OF 220.094 METERS
TO THE BEGINNING OF A NON-TANGENT CURVB CONCA VB
NORTHWESTERLY HAVING A RADIUS OF 7.925 METERS A RADIAL LINE TO
4
6
7
9
10
11
12
13
14
IS
16
17
SAID CURVB BEARS SOUTH 49° 11'29" EAST; THENCE SOUTHWESTERLY
ALONG SAID CURVB THROUGH A CENTRAL ANGLE OF 11004'59" A
DISTANCE OF 1.533 METERS; THENCE SOUTH 85054'23" WEST 8.867 METERS
TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
NORTHEASTERLY HAVING A RADIUS OF 7.925 METERS, A RADIAL LINE TO
SAID CURVB BEARS SOUTH 30°48'13" WEST; THENCE NORTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10°44'58" A
DISTANCE OF 1.487 METERS; THENCE ON A NON- TANGENT LINE NORTH
49020'06" WEST 5.000 METERS.
18
19
20
21
22
23
24
25
26
THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED
SOUTHERLY SO AS TO TERMINATE IN THE NORTHEASTERLY LINE OF SAID
VALENCIA AVENUE.
27
28
29
30
TOGETHER WITH A STRIP OF LAND 10.000 METERS WIDE LYING
NORTHWESTERLY OF THE FOLLOWING DESCRmED THE LINE:
31
S :\2dokO 1 03\rcpcrts~ga1\aacJ'CV - TCE.doc
May 9. 2002
1MH:1mh
Sheet 6 of 13
PSOMAS
2
BEGINNING AT THE HEREINBEFORE DESCRIBED POINT "A":
THENCE SOUTHWESTERLY ALONG A CURVE CONCA VB NORTHWESTERLY
4
HAVING A RADIUS OF 421.206 METERS A RADIAL LINE TO SAID CURVE
BEARS SOUTH 63°58'22" EAST THROUGH A CENTRAL ANGLE OF 3°03'19" A
DISTANCE OF 22.461 METERS. EXCEPT THAT PORTION WITHIN THE 5.000
METER STRIP DESCRIBED ABOVE.
5
6
7
TEMPORARY CONSTRUCTION EASEMENT 2
9
10
A STRIP OF LAND 5.000 METERS WIDE LYING SOUTHEASTERLY OF THE
FOLLOWING DESCRIBED LINE:
11
12
13
14
BEGINNING AT THE HEREINBEFORE DESCRIBED POINT "B", SAID POINT
BEING ON A CURVE CONCA VB NORTHWESTERLY HAVING A RADIUS OF
460.831 METERS, A RADIAL LINE TO SAID CURVE BEARS
SOUTH 69°25'52" EAST; THENCE NORTHEASTERLY ALONG SAID CURVB
THROUGH A CENTRAL ANGLE OF 9°56' 19" A DISTANCE OF 79.938 METERS;
THENCE NORTH 10037'49" EAST 48.665 METERS TO THE BEGINNING OF A
NON-TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF
7.925 METERS A RADIAL LINE TO SAID CURVB BEARS
NORTH 80°02'02" WEST; THENCE NORTHERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE 1O034'39"A DISTANCE OF 1.463 METERS;
THENCE NORTH 54024'56" EAST 8.839 METERS TO THE BEGINNING OF A
NON-TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF
7.925 METERS, A RADIAL LINE TO SAID CURVE BEARS
NORTH 01°41'25"WEST; THENCE EASTERLY ALONG SAID CURVB THROUGH
A CENTRAL ANGLE OF 9021 '27" A DISTANCE OF 1.294 METERS.
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
THE SIDELINES OF SAID STRIP WILL BE LENGTHENED OR SHORTEND SO AS
TO TERMINATE SOUTHWESTERLY ON THE NORTHWESTERLY LINE OF SAID
DEL AMO A VBNUE.
31
S:\2dokOl 03\rcpcrts~cga1\aac--",v - TCE.doc
May 9. 2002
LMH:lmh
Sheet 7 of 13
PSOMAS
2
TOGETHER WITH A STRIP OF LAND 10.000 METERS WIDE LYING
NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE:
4
5
6
BEGINNING AT THE HEREINBEFORE DESCRIBED POINT "C" SAID POINT
BEING ON A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF
460.831 METERS, A RADIAL LINE TO SAID POINT BEARS
NORTH 74039'02" WEST; THENCE NORTHEASTERLY ALONG SAID CURVB
THROUGH A CENTRAL ANGLE OF 2"21'21" A DISTANCE OF 18.948 METERS.
7
9
10
11
TOGETHER WITH A STRIP OF LAND 10.000 METERS WIDE LYING
SOUTHERLY OF THE FOLLOWING DESCRIBED LINE:
12
13
14
BEGINNING AT THE HEREINBEFORE DESCRIBED POINT "D" SAID POINT
ALSO BEING THE BEGINNING OF A CURVB CONCA VB NORTHERLY HAVING
15
16
A RADIUS OF 189.192 METERS, A RADIAL LINE TO SAID CURVE BEARS
SOUTH 07039'59" WEST; THENCE EASTERLY ALONG SAID CURVB THROUGH
A CENTRAL ANGLE OF 24000'33" A DISTANCE OF 79.279 METERS TO SAID
NORTHWESTERLY LINE OF SAID DEL AMO AVENUE;
17
18
19
20
21
THE SIDELINES OF SAID STRIP WILL BE LENGTHENED OR SHORTENED SO
AS TO TERMINATE NORTHEASTERLY ON THE NORTHWESTERLY LINE OF
SAID DEL AMO AVENUE, AND SOUTHWESTERLY PROLONGED TO A LINE
THAT IS PARALLEL WITH AND 5.000 METERS SOUTHEASTERLY OF THAT
22
23
24
25
26
CERTAIN COURSE DESCRIBED ABOVB, SAID COURSE HAVING A BEARING
OF NORTH 10037'49" EAST AND A DISTANCE OF 48.665 METERS.
EXCEPT THAT PORTION WITHIN THE 5.ooo-METER STRIP DESCRIBED
ABOVE.
27
28
29
30
31
S:l2dokOl 03\rcpcrts\lcga1'oaCJcv - TCE.doc
May 9, 2002
LMH:lmh
Sheet 8 of 13
- -----~---- - ._~-
PSOMAS
TEMPORARY CONSTRUCTION EASEMENT 3
2
3
A STRIP OF LAND 5.000 METERS WIDE LYING NORTHERLY,
NORTHEASTERLY AND EASTERLY OF THE FOLLOWING DESCRmED LINE:
4
5
6
BEGINNING AT THE HEREINBEFORE DESCRmED POINT "E", SAID POINT
BEING ON A CURVB CONCA VB NORTHEASTERLY HAVING A RADIUS OF
136.674 METERS; THENCE WESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 7059'49" A DISTANCE OF 19.076 METERS: THENCE
NORTH 79053'05" WEST 7.400 METERS; THENCE NORTH 33004'58" WEST
11.320 METERS; THENCE NORTH 10037'43" EAST 3.189 METERS TO THE
BEGINNING OF A NON-TANGENT CURVB CONCA VB SOUTHEASTERLY
7
9
10
11
12
13
14
HAVING A RADIUS OF 449.797 METERS, A RADIAL LINE TO SAID CURVE
BEARS NORTH 79022' II" WEST; THENCE NORTHEASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE 1015'47" A DISTANCE OF
9.914 METERS.
15
16
17
18
THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED SO
AS TO TERMINATE ON THE SOUTHWESTERLY LINE OF PARCEL 2 AS
DESCRIBED IN THE INSTRUMENT RECORDED AS DOCUMENT NUMBER
19980600611, OF OFFICIAL RECORDS OF SAID COUNTY.
19
20
21
22
23
24
TEMPORARY CONSTRUCTION EASEMENT 4
25
A STRIP OF LAND 5.000 METERS WIDE LYING SOUTHEASTERLY OF THE
FOLLOWING DESCRIBED LINE:
26
27
28
BEGINNING AT THE HEREINBEFORE DESCRIBED POINT "F', SAID POINT
ALSO BEING ON A CURVE CONCA VB SOUTHEASTERLY HAVING A RADIUS
OF 449.797 METERS RADIAL BEARING; THENCE NORTHEASTERLY ALONG
SAID CURVB THROUGH A CENTRAL ANGLE OF 19003'30" A DISTANCE OF
29
30
31
S :\2dokO 1 0 3..pons~ JCV - TCE.doc
May 9. 2002
LMH:1mh
Sheet 9 of 13
- -------
PSOMAS
2
3
149.616 METERS; THENCE ON A NON-TANGENT LINE NORTH 34055'51" EAST
10.981 METERS; THENCE NORTH 35037' 49" EAST 131.444 METERS.
4
THE SIDELINES OF SAID STRIPS SHALL BE LENGTHENED OR SHORTENED
SO AS TO TERMINATE NORTHEASTERLY ON THE SOUTHEASTERLY LINE OF
THE RIGHT OF WAY TO THE STATE OF CALIFORNIA AS DESCRmED IN
BOOK 6680 PAGE 242 OF OFFICIAL RECORDS OF SAID COUNTY AND
5
6
7
8
SOUTHERLY ON THE SOUTHEASTERLY LINE OF THAT CERTAIN PARCEL
RECORDED IN BOOK 7404 PAGE 168 OF OFFlCIAL RECORDS, IN SAID
COUNTY.
9
10
11
12
TOGETHER WITH A STRIP OF LAND 10.000 METERS WIDE LYING
SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT
THE HEREINBEFORE DESCRIBED POINT "G", SAID POINT ALSO BEING ON A
CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 449.797 METERS;
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 2041'11" A DISTANCE OF 21.091 METERS.
13
14
15
16
17
18
19
20
EXCEPT THAT PORTION WITH IN THE 5.000-METER STRIP DESCRIBED
ABOVB.
21
22
TEMPORARY CONSTRUCTION EASEMENT 5
23
24
A STRIP OF LAND 5.000 METERS WIDE LYING SOUTHWESTERLY OF THE
FOLLOWING DESCRIBED LINE:
25
26
27
28
BEGINNING AT THE HEREINBEFORE DESCRIBED POINT "H" SAID POINT
ALSO BEING ON THE SOUTHEASTERLY LINE OF THE RIGHT OF WAY TO THE
STATE OF CALIFORNIA AS DESCRIBED IN BOOK 6680 PAGE 242 OF OFFICIAL
RECORDS OF SAID COUNTY; THENCE ALONG SAID SOUTHEASTERLY LINE
29
30
S:\2dokOl 03\rcports~cga1'oac-",v - TCE.doc
May 9. 2002
LMH:1mh
Sheet 10 of 13
----- ------
-- ----
------------
PSOMAS
2
NORTH 89057'35" EAST 18.134 METERS TO THE TRUE POINT OF
BEGINNING; THENCE LEAVING SAID SOUTHEASTERLY LINE
SOUTH 49°20'30" EAST 39.782 METERS TO THE SOUTHEASTERLY LINE OF
THAT CERTAIN PARCEL RECORDED IN BOOK 7404, PAGE 168, OF OFFICIAL
4
RECORDS OF SAID COUNTY .
6
7
SIDELINE OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED SO AS TO
TERMINATE NORTHWESTERLY ON SAID SOUTHEASTERLY LINE OF THE
RIGHT OF WAY TO THE ST ATE OF CALIFORNIA AND SOUTHEASTERLY ON
SAID SOUTHEASTERLY LINE.
9
10
11
12
TEMPORARY CONSTRUCTION EASEMENT 6
13
14
A STRIP OF LAND 5.000 METERS WIDE LYING TO THE RIGHT OF THE
FOLLOWING DESCRIBED LINE, IN THE DIRECTION OF TRA VBL:
15
16
17
BEGINNING AT THE HEREINBEFORE DESCRIBED POINT 'T', SAID POINT
ALSO BEING ON SAID SOUTHEASTERLY LINE OF THE RIGHT OF WAY TO
THE STATE OF CALIFORNIA; THENCE LEAVING SAID SOUTHEASTERLY
LINE SOUTH 35037'49" WEST 68.138 METERS; THENCE SOUTH 35°()()'54" WEST
10.510 METERS; THENCE NORTH 57006'17" WEST 3.657 METERS TO THE
BEGINNING OF A NON- TANGENT CURVB CONCAVE SOUTHEASTERLY
HAVING A RADIUS OF 493.079 METERS, A RADIAL LINE TO SAID CURVE
BEARS NORTH 55036'41" WEST; THENCE SOUTHWESTERLY ALONG SAID
CURVB THROUGH A CENTRAL ANGLE 23045'30" A DISTANCE OF
204.462 METERS; THENCE SOUTH 10038'45" WEST 3.951 METERS TO THE
BEGINNING OF A NON-TANGENT CURVB CONCAVE NORTHWESTERLY
HAVING A RADIUS OF 7.952 METERS, A RADIAL LINE TO SAID CURVB
BEARS SOUTH 76016'01" EAST; THENCE SOUTHWESTERLY ALONG SAID
CURVB THROUGH A CENTRAL ANGLE 15004'18" A DISTANCE OF
18
19
20
21
22
23
24
25
26
27
28
29
30
s :\2do1tOl 03""ports~_rcv - TCE.doc
May 9. 2002
LMH:lmh
Sheet 11 of 13
-- ------- ---
PSOMAS
2
2.092 METERS; THENCE NORTH 79053'05" WEST 55.897 METERS TO THE
BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF
4
5
41.000 METERS; THENCE NORTHWESTERLY, NORTHERLY AND
NORTHEASTERLY ALONG SAID CURVB THROUGH A CENTRAL ANGLE
110013'03" A DISTANCE OF 78.870 METERS; THENCE NORTH 300 14'28" EAST
84.541 METERS TO SAID SOUTHEASTERLY LINE OF THE RIGHT OF WAY TO
THE STATE OF CALIFORNIA.
6
7
9
THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED SO
AS TO TERMINATE NORTHEASTERLY ON SAID SOUTHEASTERLY LINE OF
10
11
THE RIGHT OF WAY TO THE STATE OF CALIFORNIA.
12
\3
TOGETHER WITH A STRIP OF LAND 10.000 METERS WIDE LYING
NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE;
14
15
16
17
BEGINNING AT THE HEREINBEFORE DESCRmED POINT "J", SAID POINT
ALSO BEING ON A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS
OF 493.079 METERS A RADIAL LINE TO SAID CURVB BEARS
SOUTH 55052'58" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 20020'51" A DISTANCE OF 20.202 METERS.
18
19
20
21
22
EXCEPT THAT PORTION WITHIN THE 5.000 METER STRIP DESCRIBED
ABOVB.
23
24
SEE EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF.
25
26
THIS LEGAL DESCRIPTION IS NOT INTENDED FOR USE IN THE DIVISION
AND/OR CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP
ACT OF THE STATE OF CALIFORNIA.
27
28
29
30
31
S :l2dokOl 03\rcports~cgal\aacJCV - TCE.doc
May 9. 2002
LMH:Imh
Sheet 12 of 13
PSOMAS
PREPARED UNDER THE DIRECTION OF
2
3
4
5
~c~
6
WALTER A. SHEEK, PLS 4838
LICENSE EXPIRES 09130/04
7
9
10
11
12
13
14
15
16
17
18
19
20
21
22
S:\2dokOlO3\rcpcrts~_,",,_TCE.doc
May 9. 2002
LMH:bnh
Sheet 13 of 13
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CLIENT ..YE,CITY OF TUSTIN
ADDRESS.
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ADDRESS'
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SUBDIVISION. M.M. IIBB
"IE" ,,"', cm OF TUSTIN
ADDRESS'
SHEET 6 OF 7
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PORTION OF LOTS 65 AND 80, BLOCK 10. IRVINE'S
SUBDIVISION, M.M. 1/88
TEMPORARY CONSTRUCTION EASEMENTS
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CLIEHT HAME' CITY 0' TUSTIH
ADDRESS'
SHEET 7 OF 7
PSOMAS
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PSOMAS
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4
5
EXHIBIT 'A'
LEGAL DESCRIPTION
PARCEL 102052-1 (AAE PACIFIC PARK)
APN 430-251-006, 011
6
7
THOSE PORTIONS OF LOTS 65 AND 80, BLOCK 10 OF IRVINE'S SUBDIVISION,
IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA,
FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS, RECORDS OF SAID
COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
9
10
11
12
PARCELl
BEGINNING AT THE WESTERN MOST CORNER OF PARCEL 2 AS DESCRIBED IN
A DEED TO AAE PACIFIC PARK ASSOCIATES, LLC RECORDED AS INSTRUMENT
NO. 19980600611, OFFICIAL RECORDS OF SAID COUNTY, SAID CORNER ALSO
BEING ON THE SOUTHEASTERLY LINE OF THAT PARCEL OF LAND DESCRIBED
IN A DEED TO THE ATCHISON, TOPEKA AND SANTA FE RAILROADS
RECORDED IN BOOK 7404, PAGE 168, OFFICIAL RECORDS OF SAID COUNTY;
THENCE ALONG SAID SOUTHEASTERLY LINE NORTH 40039'07" EAST
22.913 METERS TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
EASTERLY HAVING A RADIUS OF 449.797 METERS, A RADIAL TO SAID
BEGINNING OF CURVB BEARS NORTH 74°49'37" WEST; THENCE SOUTHERLY
ALONG SAID CURVE 25.748 METERS THROUGH A CENTRAL ANGLE OF 3016'48"
TO THE SOUTHWESTERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID
SOUTHWESTERLY LINE NORTH 49020'30" WEST 11.735 METERS TO THE POINT
OF BEGINNING.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
CONTAINING 131.3 SQUARE METERS OR 0.013 HECTARES, MORE OR LESS.
28
29
SEE EXHmIT 'B' ATTACHED HERETO AND MADE APART HEREOF.
30
31
F:"'urvcysl2dokOl03\rcpcrts~cgal'oac_n,wJ>ar<cl..doc Sheet 1 of 3
March 26. 2003
LMH;lmh
-~-~-- ---- --- -----
PSOMAS
2
3
PARCEL 2
BEGINNING AT THE WESTERN MOST CORNER OF PARCEL 2 AS DESCRIBED
4
IN A DEED TO AAE PACIFIC PARK ASSOCIATES, LLC RECORDED AS
INSTRUMENT NO. 19980600611, OFFICIAL RECORDS OF SAID COUNTY, SAID
CORNER ALSO BEING ON THE SOUTHEASTERLY LINE OF THAT PARCEL OF
LAND DESCRIBED IN A DEED TO THE ATCHISON, TOPEKA AND SANTA FE
RAILROADS RECORDED IN BOOK 7404, PAGE 168, OFFICIAL RECORDS OF
SAID COUNTY; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID
PARCEL 2 SOUTH 49020'30" EAST 51.138 METERS TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE
SOUTH 49020'30" EAST 42.349 METERS TO THE BEGINNING OF A NON
TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF
189.192 METERS, A RADIAL TO SAID BEGINNING OF CURVB BEARS SOUTH
11054'41" EAST; THENCE EASTERLY ALONG SAID CURVB 14.633 METERS
THROUGH A CENTRAL ANGLE OF 4025'53" TO THE NORTHWESTERLY LINE
OF DEL AMO AVENUE (21.336 METERS WIDE); THENCE ALONG SAID
NORTHWESTERLY LINE NORTH 40039' 12" EAST 80.745 METERS TO THE
BEGINNING OF A NON TANGENT CURVE CONCAVE NORTHWESTERLY
HAVING A RADIUS OF
136.674 METERS, A RADIAL TO SAID BEGINNING OF CURVB BEARS SOUTH
43022'32" EAST; THENCE LEAVING SAID NORTHWESTERLY LINE AND
TRAVELLING SOUTHWESTERLY ALONG SAID CURVE 48.234 METERS
THROUGH A CENTRAL ANGLE OF 20013' 13"; THENCE NON-TANGENT TO
SAID CURVE NORTH 23009'26" WEST
1.200 METERS TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE
NORTHERLY HAVING A RADIUS OF 135.474 METERS, A RADIAL TO SAID
BEGINNING OF CURVE BEARS SOUTH 23009'19" EAST; THENCE WESTERLY
ALONG SAID CURVB 27.530 METERS THROUGH A CENTRAL ANGLE OF
11038'35"; THENCE NON-TANGENT TO SAID CURVE
SOUTH 11041'51" EAST 1.200 METERS TO THE BEGINNING OF ANON
TANGENT CURVB CONCAVE NORTHERLY HAVING A RADIUS OF
5
6
7
9
10
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12
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14
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24
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26
27
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29
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31
F:'survcysl2dokOIO3\rcpcrts~cgai'aac_ncw...J"lrccls.doc Sheet 2 of 3
March 26. 2003
LMH:lmh
--~--
PSOMAS
2
136.674 METERS, A RADIAL TO SAID BEGINNING OF CURVE BEARS SOUTH
11 °30'49" EAST; THENCE WESTERLY ALONG SAID CURVE 32.518 METERS
THROUGH A CENTRAL ANGLE OF 13°37'55" TO THE SOUTHWESTEL Y LINE
OF SAID PARCEL 2 AND THE TRUE POINT OF BEGINNING.
4
6
7
CONTAINING 1,582.9 SQUARE METERS OR 0.158 HECTARES, MORE OR LESS.
SEE EXHIBIT 'B' ATTACHED HERETO AND MADE APART HEREOF.
9
10
THIS LEGAL DESCRIPTION IS NOT INTENDED FOR USE IN THE DNISION
AND/OR CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP
ACT OF THE STATE OF CALIFORNIA.
11
12
13
14
15
16
PREPARED UNDER THE DIRECTION OF
17
18
19
~ ,,¡; Æ c c:::C rC.--
WALTERA. SHEEK, PLS 4838
LICENSE EXPIRES 9/30/04
DATE
20
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21
22
F'lsurv.ysl2doIdl1O3\ropor1s~.gal\u._n.w"'pan:.ls.doc Sheet 3 of 3
March 26, :ro03
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DOC NO. 1452
8K 8168/733 D.R.
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OESCRIPHON, THOSE PORHONS OF LOT 6S ANO LOT 80 IN BLOCK 10
OF IRYINE'S SUBOIYISION, CITY 0<" TUSHN. COONnO<" ""ANGE.
STATE 0<" CAlIFORNIA.
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1:,:-:':'=:'80..... OATE 01/22/02
............ 5, ~BER 200KOI03 r.
PSOMAS
EXHIBIT 'A'
2
3
4
5
6
7
8
LEGAL DESCRIPTION
PARCEL 102052-1 (AAE PACIFIC PARK)
APN 430-251-006, 011
TEMPORARY CONSTRUCTION EASEMENTS
9
10
THOSE PORTIONS OF LOTS 65 AND 80, BLOCK 10 OF IRVINE'S SUBDIVISION,
IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA,
FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS, RECORDS OF SAID
COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
11
12
13
14
TEMPORARY CONSTRUCTION EASEMENT 1
BEGINNING AT THE WESTERN MOST CORNER OF PARCEL 2 AS DESCRmED
IN A DEED TO AAE PACIFIC PARK ASSOCIATES, LLC RECORDED AS
INSTRUMENT NO. 19980600611, OFFICIAL RECORDS OF SAID COUNTY, SAID
CORNER ALSO BEING ON THE SOUTHEASTERLY LINE OF THAT PARCEL OF
LAND DESCRIBED IN A DEED TO THE ATCHISON, TOPEKA AND SANTA FE
RAILROADS RECORDED IN BOOK 7404, PAGE 168, OFFICIAL RECORDS OF
SAID COUNTY; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID
PARCEL 2 -SOUTH 49020'30" EAST 11.735 METERS TO THE BEGINNING OF A
NON TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF
449.797 METERS, A RADIAL TO SAID CURVB BEARS SOUTH 78006'24" EAST,
SAID BEGINNING ALSO BEING THE TRUE POINT OF BEGINNING; THENCE
LEAVING SAID SOUTHWESTERLY LINE AND TRAVELLING NORTHERLY
ALONG SAID CURVB 25.748 METERS THROUGH A CENTRAL ANGLE OF
3016'47" TO SAID SOUTHEASTERLY LINE OF THE ATCHISON, TOPEKA AND
SANTA FE RAILROAD; THENCE ALONG SAID SOUTHEASTERLY LINE
NORTH 40039'07" EAST 12.027 METERS; THENCE LEAVING SAID
SOUTHEASTERLY LINE SOUTH 16018'40" WEST 8.338 METERS; THENCE
15
16
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18
19
20
21
22
23
24
25
26
27
28
29
30
31
~~~~61.Qio':ri""~cgal'oac_new..J>B"'CIs_TCE.doc Sheet 1 of 5
!MH:lmh
PSOMAS
2
SOUTH 40°39'07" WEST 8.962 METERS TO THE NORTHEASTERLY LINE OF
SAID PARCEL 2; THENCE ALONG SAID NORTHEASTERLY LINE
4
SOUTH 49020'30" EAST 4.326 METERS TO THE BEGINNING OF A NON
TANGENT CURVB CONCAVE EASTERLY HAVING A RADIUS OF
6
7
444.797 METERS, A RADIAL TO SAID CURVE BEARS NORTH 75046'59" WEST;
THENCE LEAVING SAID NORTHEASTERLY LINE AND TRAVELLING
SOUTHERLY ALONG SAID CURVE 20.788 METERS THROUGH A CENTRAL
ANGLE OF 2040'40" TO THE SOUTHWESTERLY LINE OF SAID PARCEL 2;
THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 49020'30" WEST
5.713 METERS TO THE TRUE POINT OF BEGINNING.
9
10
11
12
CONTAINING 142.7 SQUARE METERS OR 0.0143 HECTARES, MORE OR LESS
13
14
SEE EXHmIT 'B' ATTACHED HERETO AND MADE APART HEREOF.
15
16
TEMPORARY CONSTRUCTION EASEMENT 2
BEGINNING AT THE MOST WESTERLY CORNER OF PARCEL 2 AS DESCRIBED
IN A DEED TO AAE PACIFIC PARK ASSOCIATES, LLC RECORDED AS
INSTRUMENT NO. 19980600611, OFFICIAL RECORDS OF SAID COUNTY, SAID
CORNER ALSO BEING ON THE SOUTHEASTERLY LINE OF THAT PARCEL OF
LAND DESCRIBED IN A DEED TO THE ATCHISON, TOPEKA AND SANTA FE
RAILROADS RECORDED IN BOOK 7404, PAGE 168, OFFICIAL RECORDS OF
SAID COUNTY; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID
PARCEL 2 SOUTH 49020'30" EAST 42.857 METERS TO THE BEGINNING OF A
NON TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF
131.674 METERS, A RADIAL TO SAID CURVB BEARS SOUTH 04056'17" WEST,
SAID BEGINNING ALSO BEING THE TRUE POINT OF BEGINNING; THENCE
LEAVING SAID SOUTHWESTERLY LINE AND TRAVELLING EASTERLY
ALONG SAID CURVE 27.674 METERS THROUGH A CENTRAL ANGLE OF
12002'30" TO THE NORTHEASTERLY LINE OF SAID PARCEL 2; THENCE
ALONG SAID NORTHEASTERLY LINE SOUTH 49020'30" EAST
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
S:l2dokO1O3\rcpcrts~cgal\aac_ncwJ1arecls_TCE-doc Sheet 2 of 5
March 26. 2003
LMH:lmh
PSOMAS
2
3
6.176 METERS; THENCE LEAVING SAID NORTHEASTERLY LINE OF PARCEL 2
NORTH 40°39'12" EAST 7.319 METERS TO THE BEGINNING OF A NON
TANGENT CURVE CONCA VB NORTHERLY HAVING A RADIUS OF
131.674 METERS, A RADIAL TO SAID CURVE BEARS SOUTH 11°16'18"EAST;
THENCE EASTERLY ALONG SAID CURVE 73.779 METERS THROUGH A
CENTRAL ANGLE OF 32°06'13" TO A LINE PARALLEL WITH AND
5.000 METERS NORTHWESTERLY OF THE NORTHWESTERLY LINE OF DEL
AMO AVENUE (21.366 METERS WIDE); THENCE ALONG SAID PARALLEL
LINE NORTH 40°39' 12" EAST 52.692 METERS; THENCE NORTH 04°20'46" WEST
7.798 METERS; THENCE NORTH 40°39'12" EAST 14.492METERS; THENCE
SOUTH 49°20'30" EAST 10.487 METERS TO SAID NORTHWESTERLY LINE OF
DEL AMO A VBNUE; THENCE ALONG SAID NORTHWESTERLY LINE
SOUTH 40°39'12" WEST 73.217 METERS TO THE BEGINNING OF A NON-
TANGENT CURVB CONCAVE NORTHWESTERLY HAVING A RADIUS OF
136.674 METERS, A RADIAL TO SAID BEGINNING OF CURVE BEARS
SOUTH 43°22'32" EAST; THENCE LEAVING SAID NORTHWESTERLY LINE
AND TRAVELLING SOUTHWESTERLY ALONG SAID CURVB 4&.234 METERS
THROUGH A CENTRAL ANGLE OF 20°13'13"; THENCE NON-TANGENT TO
SAID CURVE NORTH 23°09'26" WEST 1.200 METERS TO THE BEGINNING OF A
NON TANGENT CURVE CONCA VB NORTHERLY HAVING A RADIUS OF
135.474 METERS, A RADIAL TO SAID CURVB BEARS SOUTH 23°09' 19" EAST;
THENCE WESTERLY ALONG SAID CURVE 27.530 METERS THROUGH A
CENTRAL ANGLE OF 11 °38'35"; THENCE NON-TANGENT TO SAID CURVB
SOUTH 11 °41 '51" EAST 1.200 METERS TO THE BEGINNING OF A NON
4
5
6
7
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
TANGENT CURVB CONCAVE NORTHERLY HAVING A RADIUS OF
136.674 METERS, A RADIAL TO SAID CURVE BEARS SOUTH 11 °30' 49" EAST;
THENCE WESTERLY ALONG SAID CURVE 32.518 METERS THROUGH A
CENTRAL ANGLE OF 13°37'55" TO SAID SOUTHWESTERLY LINE OF PARCEL
2; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 49°20'30" WEST
8.281 METERS TO THE TRUE POINT OF BEGINNING.
26
27
28
29
30
31
~:~~I.Oi~\lcgal'oac_ncw..,pan:'IS_TCE.dOC Sheet 3 of 5
LMH:lmh
---------- ---~
PSOMAS
CONTAINING 951.4 SQUARE METERS OR 0.095 HECTARES MORE OR LESS.
2
SEE EXHIBIT 'B' ATTACHED HERETO AND MADE APART HEREOF.
4
6
7
TEMPORARY CONSTRUCTION EASEMENT 3
BEGINNING AT THE WESTERN MOST CORNER OF PARCEL 2 AS DESCRmED
IN A DEED TO AAE PACIFIC PARK ASSOCIATES, LLC RECORDED AS
INSTRUMENT NO. 19980600611, OFFICIAL RECORDS OF SAID COUNTY, SAID
CORNER ALSO BEING ON THE SOUTHEASTERLY LINE OF THAT PARCEL OF
LAND DESCRIBED IN A DEED TO THE ATCHISON, TOPEKA AND SANTA FE
RAILROADS RECORDED IN BOOK 7404, PAGE 168, OFFICIAL RECORDS OF
SAID COUNTY; THENCE ALONG SAID SOUTHWESTERLY LINE
SOUTH 49020'30" EAST 93.487 METERS TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE
SOUTH 49020'30" EAST 3.254 METERS TO THE BEGINNING OF A NON
TANGENT CURVB CONCA VB WESTERLY HAVING A RADIUS OF
5.182 METERS, A RADIAL TO SAID CURVE BEARS NORTH 40038'04" EAST;
THENCE SOUTHERLY ALONG SAID CURVE 8.141 METERS THROUGH A
CENTRAL ANGLE OF 90001 '08" TO THE NORTHWESTERLY LINE OF DEL AMO
A VENUE (21.366 METERS WIDE); THENCE ALONG SAID NORTHWESTELRY
LINE NORTH 40039'12" EAST 17.133 METERS TO THE BEGINNING OF A NON
TANGENT CURVB CONCA VB NORTHERLY HAVING A RADIUS OF
189.192 METERS, A RADIAL TO SAID CURVE BEARS SOUTH 16020'34" EAST;
THENCE WESTERLY ALONG SAID CURVE 14.633 METERS THROUGH A
CENTRAL ANGLE OF 4025'53" TO SAID SOUTHWESTERLY LINE OF PARCEL 2
AND THE TRUE POINT OF BEGINNING.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
CONTAINING 54.8 SQUARE METERS OR 0.005 HECTARES, MORE OR LESS
29
30
SEE EXHmIT 'B' ATTACHED HERETO AND MADE APART HEREOF.
31
S:\2dokOl03\rcpcrts~cgal'oac_ncw.J'3n:cl,_TCE.doc Sheet 4 of 5
March 26.2003
LMH:lmh
-------------~
------------
PSOMAS
2
THIS LEGAL DESCRIPTION IS NOT INTENDED FOR USE IN THE DIVISION
AND/OR CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP
ACT OF THE STATE OF CALIFORNIA.
4
6
7
9
10
PREPARED UNDER THE DIRECTION OF
11
12
¿t( .Lß~ r'- -¿~dl
WALTER A. SHEEK, PLS 4838
LICENSE EXPIRES 9/30/04
13
14
15
S:\2dokOJO3Iroports~.gallaa._ncw-porc'ls_TCE-doc Sheet 5 of 5
Morch 26, 2003
LMH:tmh
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DATE
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EXHIBIT
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DDC ND. 1452
SK SlhS/733 D.R.
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DESCRIPHON, 'HOSE PORHONS Of La' .s AND LOT BD IN BLOCK 10
0' IRVIN,,"S SUBDIVISION. cm Of TUSHN. C"'-"TvOf DRANCE.
SYAn Of CALI'DRNIA.
SHEET I OF I
PSOIIMS
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CHECKED WAS
DATE 07122/02
JOB
NUMBER 200KO I 03 ,.
.
Public Works / Engineering
April 29, 2003
City of Tustin
300 Centennial Way
Tustin, CA 92780-3715
(714) 573-3150
FAX (714) 734-8991
AAE Pacific Park Associates, LLC
c/o S & A Properties
Mr. Irving M. Chase
129W. Wilson Street, Suite 100
Costa Mesa, CA 92627-1586
Re:
Notice of Hearing Regarding Adoption of a Resolution of Necessity to Acquire
Property by Eminent Domain [California Code of Civil Procedure 1245.235]
Newport Avenue Extension, State Route 55 Northbound Ramp Reconfiguration,
Valencia Avenue and Del Amo Widening Project (CIP 7130) (the "Project")
Property: 15471:1: Del Arno Avenue (Vacant Property)
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 May 19, 2003 that, if adopted, will authorize the City of Tustin ("City') to
acquire the property described herein by eminent domain for the Project (CIP 7130).
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, May 19, 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.
----------
AAE Pacific Park Associates, LLC
Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by
Eminent Domain - 15471:1: Del Arno Avenue (Vacant Property)
April29,2003
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 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).
ME Pacific Park Associates, LLC
Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by
Eminent Domain -15471:t Del Amo Avenue (Vacant Property)
April 29, 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.
----
--.---...---.-
AAE Pacific Park Associates, LLC
Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by
Eminent Domain -15471:1: Del Amo Avenue (Vacant Property)
April 29, 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 Aprit 29; 2003.
~J.~
William A. Huston, City Manager
c: Michael H. Leifa" Esq.
Lois E. Jeffrey, City Attorney
Attachments
(Copy of Government Code saction 7267.2, aubdivisiona (a), (b), and (c»
(Proposed Resolution of Neceasity)
S:\CIP Projects-Active 7130 Nawport Ave. ReconfiglAcq'AAE Erninent Domein 15471 Del Arno.doc
-------_..--~-
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.
--.------
----.-
RESOLUTION NO. 03-62
2
3
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 NEWPORT AVENUE EXTENSION, STATE
ROUTE 55 NORTHBOUND RAMP RECONFIGURATION,
VALENCIA AVENUE AND DEL AMO AVENUE WIDENING
PROJECT (CIP 7130) AND. DECLARING THE PUBLIC
CONVENIENCE AND NECESSITY THEREOF.
4
5
6
7
8
9
10 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:
11
WHEREAS, City intends to construct the Newport Avenue Extension, State Route 55
12 Northbound Ramp Reconfiguration, Valencia Aven'ue and Del Amo Avenue Widening Project
13 ("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
14
WHEREAS, City intends to construct the Project to make effective the principal
15 purpose of reconfiguring, extending and widening the street system in compliance with the
City's General Plan, including but not limited to property to be used for the protection or
16 preservation of the attractiveness, safety, and usefulness ot-the Project as set forth in Code
17 of Civil Procedure section 1240.120(a); and
18 WHEREAS, the Project requires the acquisition of fee interests and temporary
construction easements in certain real property located at 15471:1: Del Amo Avenue (APN
19 430-251-001,430-251-002,430-251-003,430-251-007, and 430-251-008; and
20
WHEREAS, City is authorized to acquire the parcells) described in Appendix A
21 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
22 the California Constitution and the California Eminent Domain Law, Code of Civil Procedure
23 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
24 (water facilities); Streets and Highways Code Section 5100 et seq. (Street Improvement Act
acquisitions); and .
25
WHEREAS, the real property interests sought to be acquired for the Project consists
26 of five assessor parcels and is located within the territorial limits of City and is generally
27 located on the west side of Del Amo Avenue between Edinger Avenue and Valencia Avenue
and east of the SR-55 Freeway; and
28
----------
WHEREAS, the plans for the Project are on file with the Director of Public Works of
City; and
2
3 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
4
WHEREAS, City has established the amounts it believes to be just compensation for
5 the hereinafter described real property interests sought to be acquired; and
6 WHEREAS, pursuant to Government Code section 7267.2, City has offered to the
7 owners of the real property and interests therein the full amount established as just
compensation for the real property sought to be acquired; and
8
WHEREAS, City has provided the owners of the real property and interests therein a
9 written statement and summary of the basis for the amount established as just compensation
10 for the real property and interests sought to be acquired; and
11 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
12 failed to favorably respond to the offers of the amounts established by City as just
13 compensation; and
14 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
15 Government Code, section 65402 found that the proposed location purpose, and extent of
16 the project is consistent with the City's General Plan; and
WHEREAS, on May 5, 2003 the City Council approved Final Environmental Impact
Report 90-1 as revised by Final Supplement #1 as adequate for the Project (CIP No. 7130)
18 pursuant to Public Resources Code section 21000, et seq., the California Environmental
Quality Act ("CEQA"), and approved the Project (adopting findings, a Statement of Overriding
19 Considerations, and a Mitigation Monitoring and Reporting Program), and on May 6, 2003
20 the City filed a Notice of Determination under CECA with the County Clerk of the County of
Orange, California; and
17
21
WHEREAS, pursuant to the provisions of Code of Civil Procedure, section 1245.235,
22 on April 29, 2003 there was mailed a Notice of Hearing on the intent of City Council to Adopt
23 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
24 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
25 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
26 specified in Code of Civil Procedure section 1240.030 on the date and at the time and place
27 stated therein.
28
-2-
- - -----
2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, STATE OF
3 CALIFORNIA, finds, determines and orders as follows:
4
SECTION 1. The above recitations are true.
5 SECTION 2. The May 19, 2003 staff report has been read and considered along with
6 all evidence presented at the hearing.
7 SECTION 3. The hearing set out in the Notice of Hearing was held on May 19, 2003
at the time and place stated therein, and all interested parties were given an opportunity to
8 be heard. The hearing was closed.
9 SECTION 4. Based upon the evidence presented, including the staff report and all
10 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
11 the following:
12
13
14
15
16
17
18
19
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 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).
20 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
21 been complied with by City.
22 SECTION 6. The City Attorney or Special Legal Counsel, Hahn & Hahn, is hereby
23 AUTHORIZED and EMPOWERED:
24
25
26
27
28
~-~---
a. 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;
c. To prepare or have prepared and to prosecute or to retain counsel to prosecute in
-3-
2
3
the name of City such proceedings in the proper court as are necessary for such
acquisition;
4
d. 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.
5 PASSED AND ADOPTED at a regular meeting ofthe City Council of the City ofTustin
6 on the 19th day of May 2003.
7
8
9
Tracy Wills Worley, Mayor
10 ATTEST:
11
12
13 PAMELA STOKER
CITY CLERK
14
15
16 STATE OF CALIFORNIA)
COUNTY OF ORANGE)
17 CITY OF TUSTIN )
18 RESOLUTION NO. 03-62
19 Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
20 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
21 a regular meeting of the City Council held on the - day of , 200_, by the
following vote:
22
23 COUNCILMEMBER AYES:
24 COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
25 COUNCILMEMBER ABSENT:
26
27
PAMELA STOKER
28 City Clerk
-4-
2
3 A.
4
5
B.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
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--- ----
Exhibit "AK
Exhibit "AK
Appendix A
CONTENTS
Legal Description Parcel 102052-1 (AAE Pacific Park)
APN 430-251-001,430-251-002,430-251-003,
430-251-007 and 430-251-008
Legal Description Parcel 102052-1 (AAE Pacific Park)
APN 430-251-001, 430-251-002, 430-251-003,
430-251-007 and 430-251-008
Temporary Construction Easements
-5-
13
- 14
------------
PSOMð.S
2
3
4
5
6
EXHIBIT 'A'
LEGAL DESCRIPTION
PARCEL 102052-1 (AAE PACIFIC PARK)
APN 430~251-001, 002,-003, 007, 008
9
10
THAT PORTION OF LOTS 65 AND 80, BLOCK 10 OF IRVINE'S SUBDIVISION, IN
THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, FILED
IN BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS, RECORDS OF SAID
COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
11
12
PARCEL 1
BEGINNING AT THE WESTERLY CORNER OF SAID LOT 80, SAID CORNER
ALSO BEING THE INTERSECTION OF THE PRODUCED CENTERLINES OF
VALENCIA AVENUE (24.384 METERS WIDE) AND OLD NEWPORT AVENUE
(18.288 METERS WIDE) AS SHOWN ON CALIFORNIA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY MAP FI617-6; THENCE ALONG THE
SOUTHWESTERLY LINE OF SAID LOT 80 AND SAID CENTERLINE OF
VALENCIA AVENUE SOUTH 49020'06" EAST 20.900 METERS; THENCE
LEAVING SAID SOUTHWESTERLY LINE AND CENTERLINE
NORTH 40039'54" EAST 12.192 METERS TO THE NORTHEASTERLY LINE OF
SAID VALENCIA AVENUE, AND THE TRUE POINT OF BEGINNING; THENCE
NORTH 58047'36" EAST 12.493 METERS; THENCE NORTH 45031'48" EAST
114.195 METERS; THENCE NORTH 51014'21" EAST 15.331 METERS TO THE
BEGINNING OF A CURVE CONCA VÈ SOUTHERLY HAVING A RADIUS OF
94.100 METERS; THENCE EASTERLY ALONG SAID CURVB THROUGH A
CENTRAL ANGLE OF 48045'58" A DISTANCE OF 80.091 METERS; THENCE
SOUTH 79059'40" EAST 110.354 METERS TO THE BEGINNING OF A NON-
TANGENT CURVB CONCA VB WESTERLYHA VlNG A RADIDS OF
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29 7.925 METERS, A RADIAL LINE TO SAID CURVB BEARS
30 NORTH 8901] '09" EAST; THENCE SOUTHERLY ALONG SAID CURVE
3] I THROUGH A CENTRAL ANGLE OF 1] °26'39" A DISTANCE OF 1.583 METERS;
32 THENCE SOUTH 10043'32" WEST 22.819 METERS; THENCE
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SOUTH 10032 '35" WEST 24.995 METERS TO THE BEGINNING OF A NON-
TANGENT CURVE CONCA VB WESTERLY HAVING A RADIUS OF
421.206 METERS A RADIAL LINE TO SAID CURVB BEARS
SOUTH 79022' 11 " EAST; THENCE SOUTHERLY ALONG SAID CURVB
THROUGH A CENTRAL ANGLE OF 29056'20" A DISTANCE OF 220.094 METERS
TO THE BEGINNING OF A NON-TANGENT CURVB CONCA VB
NORTHWESTERLY HAVING A RADIUS OF 7.925 METERS A RADIAL LINE TO
SAID CURVB BEARS SOUTH 49011 '29" EAST; THENCE SOUTHWESTERLY
ALONG SAID CURVE TIIROUGH A CENTRAL ANGLE OF 11004'59" A
DISTANCE OF 1.533 METERS; THENCE SOUTH 85054'23" WEST 8.867 METERS
TO THE BEGINNING OF A NON"TANGENT CURVE CONCA VB
NORTHEASTERLY HAVING A RADIUS OF 7.925 METERS, A RADIAL LINE TO
SAID CURVB BEARS SOUTH 30048'13" WEST; THENCE NORTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10044'58" A
DISTANCE OF 1.487 METERS; THENCE NORTH 49020'06" WEST
94.976 METERS; THENCE SOUTH 45012' 11" WEST 3.072 METERS TO THE
NORTHEASTERLY LINE OF SAID VALENCIA AVENUE; THENCE ALONG SAID
NORTHEASTERLY LINE SOUTH 49020'06" EAST 105.605 METERS; THENCE
NORTH 40039'54" EAST 3.048 METERS; THENCE SOUTH 49020'06" EAST
3.048 METERS; THENCE NORTH 85039' 51" EAST 8.620 METERS TO THE
NORTHWESTERLY LINE OF DEL AMO AVENUE (21.336 METERS WIDE);
THENCE ALONG SAID NORTHWESTERLY LINE NORTH 40"39'12" EAST
159.437 METERS TO THE BEGINNING NON-TANGENT CURVB CONCAVE
WESTERLY HAVING A RADIUS OF 460.831 METERS, A RADIAL LINE TO SAID
CURVE BEARS SOUTH 69a25'52" EAST; THENCE NORTHEASTERLY ALONG
SAID CURVB TIIROUGH A CENTRAL ANGLE OF 9056'19" A DISTANCE OF
79.938 METERS; THENCE NORTH 10037'49" EAST 48.665 METERS TO THE
BEGINNING OF A NON- TANGENT CURVB CONCA VB EASTERLY HAVING A
RADIUS OF 7.925 METERS A RADIAL LINE TO SAID CURVB BEARS
NORTH 80002'02" WEST; THENCE NORTHERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE WO34'39"A DISTANCE OF 1.463 METERS;
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THENCE NORTH 54024'56" EAST 8.839 METERS TO THE BEGINNING OF A
NON-TANGENT CUR VB CONCA VB SOUTHERLY HAVING A RADIUS OF
7.925 METERS, A RADIAL LINE TO SAID CURVB BEARS
NORTH 01041 '25" WEST; THENCE EASTERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 9021 '27" A DISTANCE OF 1.294 METERS TO THE
BEGINNING OF A NON-TANGENT CURVB CONCA VB NORTHERLY HAVING A
RADIUS OF 189.192 METERS, A RADIAL LINE TO SAID CURVB BEARS
SOUTH 07039'59" WEST; THENCE EASTERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 19034'40" A DISTANCE OF 64.646 METERS TO THE
SOUTHWESTERLY LINE OF PARCEL 2 AS DESCRIBED IN THE INSTRUMENT
RECORDED AS DOCUMENT NUMBER 19980600611, OF OFFICIAL RECORDS
OF SAID COUNTY, THENCE ALONG SAID SOUTHWESTERLY LINE
NORTH 49°20'30" WEST 42.349 METERS TO A NON-TANGENT CURVB
CONCA VB NORTHEASTERLY HAVING A RADIUS OF 136.674 METERS, A
RADIAL LINE TO SAID POINT BEARS SOUTH 02007'06" WEST; THENCE
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
7059'49" A DISTANCE OF 19.076 METERS: THENCE NORTH 79053'05" WEST
7.400 METERS; THENCE NORTH 33004'58" WEST 11.320 METERS; THENCE
NORTH r0037'43" EAST 3.189 METERS TO THE BEGINNING OF A NON-
TANGENT CURVE CONCA VB SOUTHEASTHERL Y HAVING A RADIUS OF
449.797 METERS, A RADIAL LINE TO SAID CURVE BEARS
NORTH 79022'11" WEST; THENCE NORTHEASTERLY ALONG SAID CURVB
THROUGH A CENTRAL ANGLE 1015'47" A DISTANCE OF 9.914 METERS TO
SAID SOUTHWESTERLY LINE OF PARCEL 2; THENCE ALONG SAID
SOUTHWESTERLY LINE NORTH 49°20'30" WEST 11.735 METERS TO THE
SOUTHEASTERLY LINE OF THAT CERTAIN PARCEL RECORDED IN BOOK
7404, PAGE 168, OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG
SAID SOUTHEASTERLY LINE NORTH 40039'07" EAST 22.913 METERS TO A
NON-TANGENT CURVB CONCA VB SOUTHEASTERLY HAVING A RADIUS OF
449.797 METERS A RADIAL LINE TO SAID POINT BEARS
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NORTH 74049'37" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 19003'31" A DISTANCE OF 149.617 METERS;
THENCE NORTH 34055'51" EAST 10.981 METERS; THENCE
NORTH 35037'49" EAST 131.444 METERS TO THE SOUTHEASTERLY LINE OF
THE RIGHT OF WAY TO THE STATE OF CALIFORNIA AS DESCRIBED IN
BOOK 6680 PAGE 242 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE
ALONG SAID SOUTHEASTERLY LINE SOUTH 89057'35" WEST 26.185 METERS;
THENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE
SOUTH 56032'28" WEST 51.424 METERS; THENCE LEAVING SAID
SOUTHEASTERLY LINE SOUTH 35037'49" WEST 68.138 METERS; THENCE
SOUTH 35000'54" WEST 10.510 METERS; THENCE NORTH 57006'17" WEST
3.657 METERS TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 493.079 METERS, A RADIAL LINE
TO SAID CURVB BEARS NORTH 55036'41" WEST; THENCE SOUTHWESTERLY
ALONG SAID CURVB THROUGH A CENTRAL ANGLE 23045'30" A DISTANCE
OF 204.462 METERS; THENCE SOUTH 10038'45" WEST 3.951 METERS TO THE
BEGINNING OF ANON-TANGENT CURVB CONCAVE NORTHWESTERLY
HAVING A RADIUS OF 7.952 METERS, A RADIAL LINE TO SAID CURVB
BEARS SOUTH 76016'01" EAST; THENCE SOUTHWESTERLY ALONG SAID
CURVB THROUGH A CENTRAL ANGLE 15°04'18" A DISTANCE OF
2.092 METERS; THENCE NORTH 79053'05" WEST 55.897 METERS TO THE
BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF
41.000 METERS; THENCE NORTHWESTERLY, NORTHERLY AND
NORTHEASTERLY ALONG SAID CURVB THROUGH A CENTRAL ANGLE
110013'03" A DISTANCE OF 78.870 METERS; THENCE NORTH 300 14'28" EAST
84.541 METERS TO SAID SOUTHEASTERLY LINE OF THE RIGHT OF WAY TO
THE STATE OF CALIFORNIA; THENCE ALONG SAID SOUTHEASTERLY LINE
SOUTH 42057'08" WEST 274.525 METERS; THENCE CONTINUING ALONG SAID
SOUTHEASTERLY LINE SOUTH 40038'55" WEST 107.046 METERS TO SAID
NORTHEASTERLY LINE OF VALENCIA AVENUE; THENCE ALONG SAID
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NORTHEASTERLY LINE SOUTH 49020'06" EAST 6.878 METERS TO THE TRUE
POINT OF BEGINNING.
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CONTAINING 4.007 HECTARES OR 40067.4 SQUARE METERS MORE OR LESS.
6
7
PARCEL 2
BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF
SAID LOT 65, SAID LINE ALSO BEING THE CENTERLINE OF NEWPORT
A VBNUE (18.288 METERS WIDE), WITH THE CENTERLINE OF EDINGER
A VBNUE (24.384 METERS WIDE) PER PARCEL MAP, FILED IN BOOK 28,
PAGE 12 OF PARCEL MAPS, RECORDS OF SAID COUNTY; THENCE ALONG
SAID CENTERLINE OF EDINGER A VBNUE SOUTH 49020'30" EAST
128.081 METERS; THENCE LEAVING SAID CENTERLINE
SOUTH 40039'30" WEST 19.861 METERS TO A LINE PARALLEL WITH AND
19.861 METERS SOUTHWESTERLY OF SAID CENTERLINE OF EDINGER
A VBNUE, SAID POINT ALSO BEING ON THE SOUTHEASTERLY LINE OF THE
RIGHT OF WAY TO THE STATE OF CALIFORNIA AS DESCRIBED IN BOOK
. .
6680, PAGE 242 OF OFFICIAL RECORDS OF SAID COUNTY AND THE TRUE
POINT OF BEGINNING; THENCE ALONG SAID SOUTHEAsTERLY LINE .
NORTH 89057'35" EAST 1.911 METERS; THENCE CONTINUING ALONG SAID
SOUTHEASTERLY LINE SOUTH 55003'48" EAST 30.633 METERS; THENCE
SOUTH 49020'30" EAST 1.758 METERS TO THE NORTHWESTERLY LINE OF
THAT CERTAIN PARCEL RECORDED IN BOOK 7404, PAGE 168, OF OFFICIAL
RECORDS OF SAID COUNTY; THENCE ALONG SAID NORTHWESTERLY LINE
NORTH 40039'12" EAST 0.353 METERS; THENCE SOUTH 49020'30" EAST
2.484 METERS; THENCE SOUTH 04020'30" EAST 6.571 METERS; THENCE
NORTH 49020'30" WEST 40.816 METERS TO THE TRUE POINT OF
BEGINNING.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
CONTAINING 0.0012 HECTARES OR 115.1 SQUARE METERS, MORE OR LESS.
SEE EXHIBIT 'B' ATTACHED HERETO AND MADE APART HEREOF.
31
S:\2dokO I 03\rcpcrts~cgal'oac _rev Jlar1:c1.doc
Novcmb... 2 .2001
LMH:lmh
Sheet 5 of 6
---
--- --.---.--..
PSOMAS
Z
3
THIS LEGAL DESCRIPTION IS NOT INTENDED FOR USE IN THE DIVISION
AND/OR CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP
ACT OF THE STATE OF CALIFORNIA.
4
6
7
PREPARED UNDER THE DIRECTION OF
9
10
11
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ttr(Z-'~
.
A
12
13
14
WALTER A. SHEEK, PLS 4838
LICENSE EXPIRES 9/30/04
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
S:\ldokO 1 03v.ports~cpl\aac _rev .JWCC1.doc
November 2,2001
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PORTION OF LOTS 6S AND BO. BLOCK 10. IRYINE'S
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SUBDIVISION
M. R. M.
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PORTION OF LOTS 65 ANO BO, BLOCK 10, IRVINE'S
SUBDIVISION. M.". I/BB
eco,", ,.." CITY Of" YUSTIN
ADDRESS,
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PORTION OF LOTS 65 AND 80. BLOCK 10. IRVINE'S
SUBDIVISION. M.M- IIBB
'UENTN""",mOFTUSliN
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200KO I 03
PSOMAS
EXHIBIT 'A'
2
3
4
5
6
LEGAL DESCRIPTION
TEMPoRARY CONSTRUCTION EASEMENTS
APN 430-251-001, 002, 003, 007, 008
7
THOSE PORTIONS OF LOTS 65 AND 80, BLOCK 10 OF IRVINE'S SUBDIVISION,
IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA,
FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS, RECORDS OF SAID
COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
9
10
11
12
13
FOR THE PURPOSE OF THIS DESCRIPTION THE FOLLOWING CONTROL LINE
IS HEREBY ESTABLISHED:
14
CONTROL LINE "A"
15
16 BEGINNING AT THE WESTERLY CORNER OF SAID LOT 80, SAID CORNER
17 ALSO BEING THE INTERSECTION OF THE PRODUCED CENTERLINES OF
18 VALENCIA AVENUE (24.384 METERS WIDE) AND OLD NEWPORT A VBNUE
19 (18.288 METERS WIDE) AS SHOWN ON CALIFORNIA DEPARTMENT OF
20 TRANSPORTATION RIGHT OF WAY MAP F1617-6; THENCE ALONG THE
21 SOUTHWESTERLY LINE OF SAID LOT 80 AND SAID CENTERLINE OF
22 VALENCIA AVENUE SOUTH 49020'06" EAST 20.900 METERS; THENCE
23 LEAVING SAID SOUTHWESTERLY LINE AND CENTERLINE
24 NORTH 40°39'54" EAST 12.192 METERS TO THE NORTHEASTERLY LINE OF
25 SAID VALENCIA AVENUE, AND THE TRUE POINT OF BEGINNING; THENCE
26 NORTH 58047'36" EAST 12.493 METERS; THENCE NORTH 45031 '48" EAST
27 114.195 METERS; THENCE NORTH 51014'21" EAST 15.331 METERS TO THE
28 BEGINNING OF A CURVB CONCAVE SOUTHERLY HAVING A RADIUS OF
29 94.100 METERS; THENCE EASTERLY ALONG SAID CURVB THROUGH A
30 CENTRAL ANGLE OF 48045'58" A DISTANCE OF 80.091 METERS; THENCE
31 I SOUTH 79059'40" EAST 110.354 METERS TO THE BEGINNING OF A NON-
32 I TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF
S:l2dokOI03IKports~.gal'o.e_revJCE.doc Sheet 1 of 13
April 29,2003
LMH:lmh
PSO~S
2
7.925 METERS, A RADIAL LINE TO SAID CURVE BEARS
NORTH 89011 '09" EAST; THENCE SOUTHERLY ALONG SAID CURVB
THROUGH A CENTRAL ANGLE OF 11026'39" A DISTANCE OF 1.583 METERS;
THENCE SOUTH 10043'32" WEST 22.819 METERS; THENCE
SOUTH 1 0032'35" WEST 24.995 METERS TO THE BEGINNING OF A NON-
TANGENT CURVB CONCA VB WESTERLY HAVING ARADIUS OF
421.206 METERS A RADIAL LINE TO SAID CURVB BEARS
SOUTH 79022'11" EAST; THENCE SOUTHERLY ALONG SAID CURVB
THROUGH A CENTRAL ANGLE OF 15023'49" A DISTANCE OF 113.190 METERS
TO A POINT HEREIN AFTER DESCRIBED AS POINT "A"; THENCE ALONG
SAID CURVE 14032'31" A DISTANCE OF 106.904 METERS TO THE BEGINNING
OF A NON-TANGENT CURVB CONCAVE NORTHWESTERLY HAVING A
RADriJs OF 7.925 METERS A RADIAL LINE TO SAID CURVB BEARS
SOUTH 49011 '29" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVB
THROUGH A CENTRAL ANGLE OF 11004'59" A DISTANCE OF 1.533 METERS;
THENCE SOUTH 85°54'23" WEST 8.867 METERS TO THE BEGINNING OF A .
NON-TANGENT CURVB CONCA VB NORTHEASTERLY HAVING A RADIUS OF
7.925 METERS, ARADIAL LINE TO SAID CURVE BEARS
SOUTH 30048'13" WEST; THENCE NORTHWESTERLY ALONG SAID CURVB
THROUGH A CENTRAL ANGLE OF 10044'58" A DISTANCE OF 1.487 METERS;
THENCE NORTH 49020'06" WEST 94.976 METERS; THENCE
SOUTH 45012' 11" WEST 3.072 METERS TO THE NORTHEASTERLY LINE OF
SAID VALENCIA AVENUE; THENCE ALONG SAID NORTHEASTERLY LINE
SOUTH 49020'06" EAST 105.605 METERS; THENCE NORTH 40039'54" EAST
3.048 METERS; THENCE SOUTH 49020'06" EAST 3.048 METERS; THENCE
NORTH 85039'51" EAST 8.620 METERS TO THE NORTHWESTERLY LINE OF
DEL AMO AVENUE (21.336 METERS WIDE); THENCE ALONG SAID
NORTHWESTERLY LINE NORTH 40039'12" EAST 159.437 METERS TO A POINT
HEREINAFTER DESCRIBED AS POINT "B", SAID POINT ALSO BEING ON A
NON-TANGENT CURVB CONCA VB WESTERLY HAVING A RADIUS OF
460.831 METERS, A RADIAL LINE TO SAID CURVE BEARS
4
5
6
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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S:l2dokO103\rcports\legal\aac_rev .TCE.doc
July 1. 2002
u.œ:lmh
Sheet 2 of 13
--------
--- ---~--------
PSOMA.S
2
3
SOUTH 69025'52" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 5°13"10" A DISTANCE OF 41.979 METERS
TO A POINT HEREINAFTER DESCRIBED AS POINT "C"; THENCE CONTINUING
ALONG SAID CURVB THROUGH A CENTRAL ANGLE OF 4043 '09" A DISTANCE
OF 37.959 METERS; THENCE NORTH 10037'49" EAST 48.665 METERS TO THE
BEGINNING OF ANON-TANGENT CURVB CONCA VB EASTERLY HAVING A
RADIUS OF 7.925 METERS A RADIAL LINE TO SAID CURVB BEARS
NORTH 80002'02" WEST; THENCE NORTHERLY ALONG SAID CURVB
THROUGH A CENTRAL ANGLE 1 0034'39"A DISTANCE OF 1.463 METERS;
THENCE NORTH 54024'56" EAST 8.839 METERS TO THE BEGINNING OF A
NON-TANGENT CURVB CONCA VB SOUTHERLY HAVING A RADIUS OF
7.925 METERS, A RADIAL LINE TO SAID CURVB BEARS
NORTH 01041 '25" WEST; THENCE EASTERLY ALONG SAID CURVB THROUGH
A CENTRAL ANGLE OF 9021 '2T' A DISTANCE OF 1.294 METERS TO A POINT
HEREINAFTER DESCRIBED AS POINT "D", SAID POINT ALSO BEING .THE
BEGINNING OF A NON-TANGENT CURVB CONCAVE NORTHERLY HAVING A
RADIUS OF 189.192 METERS, A RADIAL LINE TO SAID CURVB BEARS
SOUTH 07039'59" WEST; THENCE EASTERLY ALONG SAID CURVB THROUGH
A CENTRAL ANGLE OF 19034'40" A DISTANCE OF 64.646 METERS TO THE
SOUTHWESTERLY LINE OF PARCEL 2 AS DESCRIBED INTIIE INSTRUMENT
. .
RECORDED AS DOCUMENT NUMBER 19980600611, OF OFFICIAL RECORDS
OF SAID COUNTY, THENCE ALONG SAID SOUTHWESTERLY LINE
NORTH 49020'30" WEST 42349 METERS TO A POINT HEREINAFTER
DESCRIBED AS POINT "E", SAID POINT ALSO BEING ON A CURVB CONCAVE
NORTHEASTERLY HAVING A RADIUS OF 136.674 METERS, A RADIAL LINE
TO SAID POINT BEARS SOUTH 02007'06" WEST; THENCE SOUTHWESTERLY
ALONG SAID CURVB THROUGH A CENTRAL ANGLE OF 7°59'49"A DISTANCE
OF 19.076 METERS: THENCE NORTH 79053'05" WEST 7.400 METERS; THENCE
NORTH 33004'58" WEST 11.320 METERS; THENCE NORTH 10037'43" EAST
3.189 METERS TO THE BEGINNING OF A NON-TANGENT CURVE CONCA VB
SOUTHEASTHERLYHAVING A RADIUS OF 449.797 METERS, A RADIAL LINE
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
29
30
31
S :l2dokO 1 03\rcporu\lcp1'aac _rev _TeE-doc
July 1.2002
LMH:lmh
Sheet 3 of 13
~--------'-
-----'-
PSOM4S
2
3
TO SAID CURVB BEARS NORTH 79022'11" WEST; THENCE NORTHEASTEÌU.Y
ALONGSAIDCURVB THROUGH A CENTRAL ANGLE 1015'47" A DISTANCE OF
9.914 METERS TO SAID SOUTHWESTERLY LINE OF PARCEL 2; THENCE
ALONG SAID SOUTHWESTERLY LINE NORTH 49020'30" WEST 11.735 METERS
TO THE SOUTHEASTERLY LINE OF THAT CERTAIN PARCEL RECORDED IN
BOOK 7404, PAGE 168, OF OFFICIAL RECORDS OF SAID COUNTY; THENCE
ALONG SAID SOUTHEASTERLY LINE NORTH 40039'07" EAST 22.913 METERS
TO A POINT HEREINAFTER DESCRIBED AS POINT "F", SAID POINT BEING ON
A NON-TANGENT CURVB CONCA VB NORTHWESTERLY HAVING A RADIUS
OF 449.797 METERS A RADIAL LINE TO SAID POINT BEARS
NORTH 74049'37" WEST; THENCE NORTHEASTERLY _ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 160Z2' 19" A DISTANCE OF 128.526 METERS
TO A POINT HEREINAFTER DESCRIBED AS POINT "G"; THENCE CONTINUING
ALONG SAID CURVB THROUGH A CENTRAL ANGLE OF 2041 '11" A DISTANCE
OF 21.091 METERS; THENCE NORTH 34055'51" EAST 10.981 METERS; THENCE
NORTH 35037'49" EAST 131.444 METERS TO A POINT HEREINAFTER
DESCRIBED AS POINT "H", SAID POINT ALSO BEING ON THE
SOUTHEASTERLY LINE OF THE RIGHT OF WAY TO THE STATE OF
CALIFORNIA AS DESCRIBED IN BOOK 6680 PAGE 242 OF OFFICIAL RECORDS
OF SAIDCOUNTY; THENCE ALONG SAID SOUTHEASTERLY LINE
SOUTH 89057'35" WEST 26.185 METERS; THENCE CONTINUING ALONG SAID
SOUTHEASTERLY LINE SOUTH 56032 '28" WEST 51.424 METERS TO A POINT
HEREINAFTER DESCRIBED AS POINT "f'; THENCE LEAVING SAID
SOUTHEASTERLY LINE SOUTH 35037'49" WEST 68:138 METERS; THENCE
SOUTH 35000'54" WEST 10.510 METERS; THENCE NORTH 57006'17" WEST
3.657 METERS TO THE BEGINNING OF ANON-TANGENT CURVÈ CONCA VB
SOUTHEASTERLY HAVING A RADIUS OF 493.079 METERS, A RADIAL LINE
TO SAID CURVE BEARS NORTH 55036'41" WEST; THENCE SOUTHWESTERLY
ALONG SAID CURVB THROUGH A CENTRAL ANGLE 0016' 1 T' A DISTANCE OF
2.335 METERS TO A POINT HEREINAFTER DESCRIBED AS POINT "J"; TIiENCE
4
5
6
7
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
S:l2dokO1 03\rcports~cgal'oac .rev - TCE.doc
July 1,2002
LMH:1mh .
Sheet 4 of 13
---------
--------
PSOMAS
2
CONTINUING ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
23029'13" A DISTANCE OF 202.127 METERS; THENCE
SOUTH 10038'45" WEST 3.951 METERS TO THE BEGINNING OF A NON-
TANGENT CURVE CONCA VB NORTHWESTERLY HAVING A RADIUS OF
7.952 METERS, A RADIAL LINE TO SAID CURVE BEARS
SOUTH 76016'01" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVB
THROUGH A CENTRAL ANGLE 15004'18" A DISTANCE OF 2.092 METERS; .
THENCE NORTH 79053'05" WEST 55.897 METERS TO THE BEGINNING OF A
CURVE CONCAVE EASTERLY HAVING A RADIUS OF 41.000 METERS;
THENCE NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY ALONG
SAID CURVB THROUGH A CENTRAL ANGLE 110013'03" A DISTANCE OF
78.870 METERS; THENCE NORTH 30014'28" EAST 84.541 METERS TO SAID
SOUTHEASTERLY LINE OF THE RIGHT OF WAY TO THE STATE OF
CALIFORNIA; THENCE ALONG SAID SOuTIœASTERL Y.LINE
SOUTH 42057'08" WEST 274.525 METERS; THENCE CONTINUING ALONG SAID
SOUTHEASTERLY LINE SOUTH 40038'55" WEST 107.046 METERS TO SAID
NORTHEASTERLY LINE OF VALENCIA AVENUE; THENCE ALONG SAID
NORTHEASTERLY LINE SOUTH 49020'06" EAST 6.878 METERS TO THE TRUE
POINT OF BEGINNING.
4
5
6
7
9
10
11
12
13
14
15
16
17
18
19
20
21
22
TEMPORARY CONSTRUCTION EASEMENT 1
23
24
A STRIP OF'LAND 5.000 METERS WIDE LYING TO THE RIGHT OF THE
FOLLOWING DESCRIBED LINE , IN THE DIRECTION OF TRAVEL:
25
26
27
28
BEGINNING AT THE AFOREMENTIONED TRUE POINT OF BEGINNING:
THENCE NORTH 58047'56" EAST 12.493 METERS; THENCE
NORTH 45031 '48"EAST 114.195 METERS; THENCE NORTH 51014'21" EAST
15.331 METERS TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY
29
30
S:\2d.kOI03\rcpcrts~csal'oac rev TCE.doc
JuJy1,2002 - -
LMH:lmb
Sheet 5 of 13
-~---
PSOMJ.\S
2
HAVING A RADIUS OF 94.100 METERS; THENCE EASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 48045'58" A DISTANCE OF
4
80.091 METERS; THENCE SOUTH 79059'40" EAST 110.354 METERS TO THE
BEGINNING OF A NON-TANGENT CURVB CONCA VB WESTERLY HAVING A
RADIUS OF 7.925 METERS, A RADIAL LINE TO SAID CURVB BEARS
NORTH 89011 '09" EAST; THENCE SOUTIiERL Y ALONG SAID CuRVB
THROUGH A CENTRAL ANGLE OF 11OZ6'39" A DISTANCE OF 1.583 METERS;
THENCE SOUTH 10043'32" WEST 22.819 METERS; THENCE
SOUTH 10032'35" WEST 24.995 METERS TO THE BEGINNING OF A NON-
TANGENT CURVE CONCA VB WESTERLY HAVING A RADIUS OF
421.206 METERS A RADIAL LINE TO SAID CURVE BEARS
SOUTH 79022'11" EAST; THENCE SOUTHERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 29056'20" A DISTANCE OF 22M94 METERS
TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
NORTHWESTERLY HAVING A RADIUS OF 7.925 METERS A RADIAL LINE TO
SAID CURVB BEARS SOUTH 49011 '29" EAST; THENCE SOUTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11004'59" A
DISTANCE OF 1.533 METERS; THENCE SOUTH 85054'23" WEST 8.867 METERS
TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
NORTHEASTERLY HAVING A RADIUS OF 7.925 METERS, A RADIAL LINE TO
SAID CURVE BEARS SOUTH 30048'13" WEST; THENCE NORTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10044'58" A
DISTANCE OF-1.487 METERS; THENCE ONA NON- TANGENT LINE NORTH
49020'06" WEST 5.000 METERS.
6
7
9
.10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED
SOUTHERLY SO AS TO TERMINATE IN THE NORTHEASTERLY LINE OF SAID
VALENCIA AVENUE.
27
28
29
30
TOGETHER WITH A STRIP OF LAND 10.000 METERS WIDE LYING
NORTHWESTERLY OF THE FOLLOWING DESCRIBED THE LINE:
31
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-..------
PSOMAS
4
BEGINNING AT THE HEREINBEFORE DESCRIBED POINT "A":
THENCE SOUTHWESTERLY ALONG A CURVB CONCA VB NORTHWESTERLY
HAVING A RADTIJS OF 421.206 METERS A RADIAL LINE TO SAID CUR VB
BEARS SOUTH 63058'22" EAST THROUGH A CENTRAL ANGLE OF 3003'19" A
DISTANCE OF 22.461 METERS. EXCEPT THAT PORTION WITInN THE 5.000
METER STRIP DESCRIBED ABOVE.
6
7
8
9
TEMPORARY CONSTRUCTION EASEMENT 2
10
A STRIP OF LAND 5.000 METERS WIDE LYING SOUI'HEASTERL Y OF THE
FOLLOWING DESCRIBED LINE:
11
12
13
BEGINNING AT THE HEREINBEFORE DESCRIBED POINT "B", SAID POINT
BEING ON A CURVB CONCA VB NORTHWESTERLY HAVING A RADIUS OF
460.831 METERS, A RADIAL LINE TO SAID CURVE BEARS
SOUTH 69025'52" EAST; THENCE NORTHEASTERLY ALONG SAID CURVB
THROUGH A CENTRAL ANGLE OF 9056'19" A DISTANCE OF 79.938 METERS;
THENCE NORTH 10037'49" EAST 48.665 METERS TO THE BEGINNING OF A
NON-TANGENT CURVB CONCAVE EASTERLY HAVING A RADIUS OF
7.925 METERS A RADIAL LINE TO SAID CURVE BEARS
NORTH 80002'02" WEST; THENCE NORTHERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE 1O034'39"A DISTANCE OF 1.463 METERS;
THENCE NORTH 54024'56" EAST 8.839 METERS TO THE BEGINNING OF A
NON-TANGENT CURVB CONCAVE SOUTHERLY HAVING A RADIUS OF
7.925 METERS, A RADIAL LINE TO SAID CURVE BEARS
NORTH 01041 '25" WEST; THENCE EASTERLY ALONG SAID CURVB THROUGH
A CENTRAL ANGLE OF 9021 '27' A DISTANCE OF 1.294 METERS.
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
THE SIDELINES OF SAID STRIP WILL BE LENGTHENED OR SHORTEND SO AS
TO TERMINATE SOUTHWESTERLY ON THE NORTHWESTERLY LINE OF SAID
DEL AMO AVENUE.
30
31
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PSOMt\S
2
TOGETHER W1THASTRlP OF LAND 10.000 METERS. WIDE LYING
NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE:
3
4
5
6
BEGINNING AT THE HEREINBEFORE DESCRIBED POINT "c" SAID POINT
BEING ON A CURVB CONCAVE NORTHWESTERLY HAVING A RADIUS OF
460.831 METERS, A RADIAL LINE TO S.AID POINT BEARS
NORTH 74039'02" WEST; THENCE NORTHEAsTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 2021 '21" A DISTANCE OF 18.948 METERS.
7
8
9
10
11
TOGETHER WITH A STRIP OF LAND 10.000 METERS WIDE LYING
SOUTHERLY OF THE FOLLOWING DESCRIBED LINE:
12
13
14
BEGINNING AT THE HEREINBEFORE DESCRIBED POINT "D" SAID POINT
ALSO BEING THE BEGINNING OF A CURVBCONCA VB NORTHERLY HAVING
A RADIUS OF 189.192 METERS, A RADIAL LINE TO SAID CURVE BEARS
SOUTH 07039'59" WEST; THENCE EASTERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 24000'33" A DISTANCE OF 79.279 METERS TO SAID
NORTHWESTERLY LINE OF SAID DEL AMO AVENUE;
15
16
17
18
19
20
21
22
THE SIDELINES OF SAID STRIP WILL BE LENGTHENED OR SHORTENED SO
AS TO TERMINATE NORTHEASTERLY ON THE NORTHWESTERLY LINE OF
SAID DEL AMO AVENUE, AND SOUTHWESTERLY PROLONGED TO A LINE
THAT IS PARALLEL WITH AND 5.000 METERS SOUTHEASTERLY OF THAT
CERTAIN COURSE DESCRIBED ABOVE, SAID COURSE HAVING A BEARING
OF NORTH 10037'49" EAST AND A DISTANCE OF 48.665 METERS.
EXCEPT THAT PORTION WITHIN THE 5.000-METER STRIP DESCRIBED
ABOVB.
23
24
25
26
27
28
29
30
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July 1,2002
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Sheet 8 of 13
--- ----- ---_.--
PSOM4S
TEMPORARY CONSTRUCTION EASEMENT 3
2
4
A STRIP OF LAND 5.000 METERS WIDE LYING NORTHERLY,
NORTHEASTERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINE:
6
7
BEGINNING AT THE HEREINBEFORE DESCRIBED POINT "En, SAID POINT
BEING ON A CURVE CONCA VB NORTHEASTERLY HAVING A RADIUS OF
136.674 METERS; THENCE WESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 7°59'49" A DISTANCE OF 19.076 METERS: THENCE
NORTH 79053'05" WEST 7.400 METERS; THENCE NORTH 33004'58" WEST
11.320 METERS; THENCE NORTH 10037'43" EAST 3.189 METERS TO THE
BEGINNING OF A NON-TANGENT CURVB CONCA VB SOUTHEASTERLY
HAVING A RADIUS OF 4;49.797 METERS, A RADIAL LINE TO SAID CURVB
BEARS NORTH 79022'11" WEST; THENCE NORTHEASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE 1015'47" A DISTANCE OF
9.914 METERS.
9
10
11
12
13
14
15
16-
17
18
19
THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED SO
AS TO TERMINATE ON THE SOUTHWESTERLY LINE OF PARCEL 2 AS
DESCRIBED IN THE INSTRUMENT RECORDED AS DOCUMENT NUMBER
19980600611, OF OFFICIAL RECORDS OF SAID COUNTY.
20
21
22
23
24
TEMPORARY CONSTRUCTION EASEMENT 4
25
26
A STRIP OF LAND 5.000 METERS WIDE LYING SOUTHEASTERLY OF THE
FOLLOWING DESCRIBED LINE:
27
28
BEGINNING AT THE HEREINBEFORE DESCRIBED POINT "F", SAID POINT
ALSO BEING ON A CURVE CONCA VB SOUTHEASTERLY HAVING A RADIUS
OF 449. 797 METERS RADIAL BEARING; THENCE NORTHEASTERLY ALONG
SAID CURVB THROUGH A CENTRAL ANGLE OF 19003 '30" A DISTANCE OF
29
30
31
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July 1.2002
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Sheet 9 of 13
PSOMAS
2
3
149.616 METERS; THENCE ON A NON-TANGENT LINE NORTH 34°55'51" EAST
10.981 METERS; THENCE NORTH 35037'49" EAST 131.444 METERS.
4
5
THE SIDELINES OF SAID STRIPS SHALL BE LENGTHENED OR SHORTENED
SO AS TO TERMINATE NORTHEASTERLY ON THE SOUTHEASTERLY LINE OF
THE RIGHT OF WAY TO THE STATE OF CALIFORNIA AS DESCRIBED IN
BOOK 6680 PAGE 242 OF OFFICIAL RECORDS OF SAID COUNTY AND
SOUTHERLY ON THE SOUTHEASTERLY LINE OF THAT CERTAIN PARCEL
RECORDED IN BOOK 7404 PAGE 168 OF OFFICIAL RECORDS, IN SAID
COUNTY.
6
7
8
9
10
11
12
13
TOGETHER WITH A STRIP OF LAND 10.000 METERS WIDE LYING
SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT
THE HEREINBEFORE DESCRIBED POINT "G", SAID POINT ALSO BEING ON A
CURVE CONCA VB SOUTHEASTERLY HAVING A RADIUS OF 449.797 METERS;
THENCE NORTHEASTERLY ALONG SAID CURVB THROUGH A CENTRAL
ANGLE OF 2041 '11" A DISTANCE OF 21.091 METERS.
14
15
16
17
18
19
EXCEPT THAT PORTION WITH IN THE 5.00O-METER STRIP DESCRIBED
ABOVB.
20
21
22
23
TEMPORARY CONSTRUCTION EASEMENT 5
24
25
A STRIP OF LAND 5.000 METERS WIDE LYING SOUTHWESTERLY OF THE
FOLLOWING DESCRIBED LINE:
26
27
28
BEGINNING AT THE HEREINBEFORE DESCRIBED POINT "8" SAID POINT
ALSO BEING ON THE SOUTHEASTERLY LINE OF THE RIGHT OF WAY TO THE
STATE OF CALIFORNIA AS DESCRIBED IN BOOK 6680 PAGE 242 OF OFFICIAL
RECORDS OF SAID COUNTY; THENCE ALONG SAID SOUTHEASTERLY LINE
29
30
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July 1.2002
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Sheet 10 of 13
-.---- ___un- --- ---
PSOMÞ.S
2
3
NORTH 89057'35" EAST 18.134 METERS TO THE TRUE POINT OF
BEGINNING; THENCE LEAVING SAID SOUTHEASTERLY LINE
SOUTH 49°20'30" EAST 39.782 METERS TO THE SOUTHEASTERLY LINE OF
THAT CERTAIN PARCEL RECORDED IN BOOK 7404, PAGE 168, OF OFFICIAL
RECORDS OF SAID COUNTY .
4
6
7
SIDELINE OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED SO AS TO
TERMINATE NORTHWESTERLY ON SAID SOUTHEASTERLY LINE OF THE
. .
RIGHT OF WAY TO THE STATE OF CALIFORNIA AND SOUTHEASTERLY ON
SAID SOUTHEASTERLY LINE.
9
10
11
12
TEMPORARY CONSTRUCTION EASEMENT 6
13
14 -A STRIP OF LAND 5.000 METERS WIDE LYING TO THE RIGHT OF THE
15 FOLLOWING DESCRIBED LINE, IN THE DIRECTION OF TRA VBL:
16
17
BEGINNING AT THE HEREINBEFORE DESCRIBED POINT 'T', SAID POINT
ALSO BEING ON SAID SOUTHEASTERLY Ì.JNE OF THE RIGHT OF WAY TO
THE STATE OF CALIFORNIA; THENCE LEAVING SAID. SOUTHEASTERLY
LINE SOUTH 35037'49" WEST 68.138 METERS; THENCE SOUTH 35000'54" WEST
10.510 METERS; THENCE NORTH 57006'17" WEST 3.657 METERS TO THE
BEGINNING OF A NON-TANGENT CURVB CONCA VB SOUTHEASTERLY
HAVING A RADIUS OF 493.079 METERs, A RADIAL LINE TO SAID CURVE
BEARS NORTH 55036'41" WEST; THENCE SOUTHWESTERLY ALONG SAID
CURVB THROUGH A CENTRAL ANGLE 23045'30" A DISTANCE OF
204.462 METERS; THENCE SOUTH 10038'45" WEST 3.951 METERS TO THE
BEGINNING OF A NON-TANGENT CURVBCONCA VB NORTHWESTERLY
HAVING A RADIUS OF 7.952 METERS, A RADIAL LINE TO SAID CURVE
BEARS SOUTH 76016'01" EAST; THENCE SOUTHWESTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE 15"04'18" A DISTANCE OF
18
19
20
21
22
23
24
25
26
27
28
29
30
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July 1.2002
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Sheet 11 of 13
-----------.--
------------.-------
PSOM4S
2
2.092 METERS; THENCE NORTH 79053'05" WEST 55.897 METERS TO THE
BEGINNING OF A CURVB CONCA VB EASTERLY HAVING A RADIUS OF
41.000 METERS; THENCE NORTHWESTERLY, NORTHERLY AND
NORTHEASTERLY ALONG SAID CURVB TIìROUGH A CENTRAL ANGLE
110013'03" A DISTANCE OF 78.870 METERS; THENCE NORTH 300 14'28" EAST
84.541 METERS TO SAID SOUTHEASTERLY LINE OF THE RIGHT OF WAY TO
THE STATE OF CALIFORNIA.
3
4
5
6
7
9
THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED SO
AS TO TERMINATE NORTHEASTERLY ON SAID SOUTHEASTERLY LINE OF
THE RIGHT OF WAY TO THE STATE OF CALIFORNIA.
10
11
12
13
TOGETHER WITH A STRIP OF LAND 10.000 METERS WIDE LYING
NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE;
14
15
16
17
BEGINNING AT THE HEREINBEFORE DESCRIBED POINT "J", SAID POINT
ALSO BEING ON A CURVB CONCA VB SOUTHEASTERLY HAVING A RADIUS
OF 493,079 METERS A RADIAL LINE TO SAID CURVE BEARS
SOUTH 55°52'58" WEST; THENCE SOUTIIWESTERL Y ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 20020'51" A DISTANCE OF 20:202 METERS.
EXCEPT THAT PORTION WITHIN THE 5.000 METER STRIP DESCRIBED
ABOVE.
18
19
20
21
22
23
24
25
SEE EXHIBIT B ATTACHED HERETO AND MADE APART HEREOF.
26
27
THIS LEGAL DESCRIPTION IS NOT INTENDED FOR USE IN THE DIVISION
AND/OR CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP
ACT OF THE STATE OF CALIFORNIA.
28
29
30
31
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July 1.2002
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Sheet 12 of 13
----.--------.-
PSOMAS
PREPARED UNDER THE DIRECTION OF
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WALTER A. SHEEK, PLS 4838
LICENSE EXPIRES 09/30/04
7
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10
11
12
13
14
15
16
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18
19
20
21
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S:\2dokOlO3Ireports~,..1__=_TCE.doc
July J. 2002
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--~---~ -
EXHIBIT
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PORTION OF lOTS 65 ANO 80. BLOCK 10. IRVINE'S
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PROOF OF SERVICE BY MAIL
STATE OF CALIFORNIA, COUNTY OF ORANGE
3 I am over the a¡¡e of 18; I am employed by the CITY OF TUSTIN in the County of
Orange at 300 Centennial Way, Tustin, California, 92780-3767.
4
On April 29, 2003, I served the foregoin~ document(s) described as Notice of Hearing
5 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:
6 ~
7
8
9
10
11
0
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(BY MAil) I placed said envelope(s) for collection and mailirtg, 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 processin!! correspondence for mailin¡¡ 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.
0
(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).
0
~
(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.
0
(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 pe~ury
under the laws of the United States of America that the above is true and
correct.
Executed on April 29, 2003 at Tustin, Califomia.
(l~~
Cecelia Garcia
Administrative Secretary
S:\ÇI¡:>P.rojects - Adiy.!!.\7130 - .NewDort Ave Rec.nnfin\A~";";nn\!,A~- Þ"'nI "f~.""",,-,,-,,~~o"."-~
-----------
re
w
Public WorKs I Engineering
April 29, 2003
City of Tustin
300 Centennial Way
Tustin, CA 92780-3715
(714) 573-3150
FAX (714) 734-8991
AAE Pacific Park Associates, LLC
clo S & A Properties
Mr. Irving M. Chase
129 W. Wilson Street, Suite 100
Costa Mesa, CA 92627-1586
Re:
Notice of Hearing Regarding Adoption of a Resolution of Necessity to Acquire
Property by Eminent Domain [California Code of Civil Procedure 1245.235]
Newport Avenue Extension, State Route 55 Northbound Ramp Reconfiguration,
Valencia Avenue and Del Amo Widening Project (CIP 7130) (the "Project")
Property: 15171 Del Amo Avenue (Developed Property)
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 May 19, 2003 that, if adopted, will authorize the City of Tustin ("City") to
acquire the property described herein by eminent domain for the Project (CIP 7130).
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, May 19, 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.
- -- ------~---
---------
AAE Pacific Park Associates, LLC
Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by
Eminent Domain - 15171 Del Arno Avenue (Developed Property)
April 29, 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 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 sf seq. (Street Improvement
Act acquisitions).
._--~------
-~~-~
AAE Pacific Park Associates, LLC
Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by
Eminent Domain - 15171 Del Amo Avenue (Developed Property)
April29,2003
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 Mure
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.
AAE Pacific Park Associates, LLC
Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Property by
Eminent Domain - 15171 Del Amo Avenue (Developed Property)
April 29, 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 April 29, 2003.
~1¡¿1If.M ~
c: Michael H. Leifer, Esq.
Lois E. Jeffrey, City Attorney
Attschments
(Copy of Government Code section 7267.2. subdivisions (a), (b), and (e))
(Proposed Resolution of Necessity)
S:\CIP Projects-Active 7130 Newport Ave. ReconfiglAcqlAAE Eminent Domain 15171 Del Amo.doe
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 irnprovement 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.
RESOLUTION NO. 03-65
2
3
4
9
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 FORTHE NEWPORT AVENUE EXTENSION, STATE
ROUTE 55 NORTHBOUND RAMP RECONFIGURATION,
VALENCIA AVENUE AND DEL AMO AVENUE WIDENING
PROJECT (CIP 7130) AND DECLARING THE PUBLIC
CONVENIENCE AND NECESSITY THEREOF.
5
6
7
8
10 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:
11
WHEREAS, City intends to construct the Newport Avenue Extension, State Route 55
12 Northbound Ramp Reconfiguration, Valencia Avenue and Del Amo Avenue Widening Project
13 ("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
14
WHEREAS, City intends to construct the Project to make effective the principal
15 purpose of reconfiguring, extending and widening the street system in compliance with the
City's General Plan, including but not limited to property to be used for the protection or
16 preservation of the attractiveness, safety, and usefulness of the Project as set forth in Code
17 of Civil Procedure section 1240.120(a); and
18 WHEREAS, the Project requires the acquisition of fee interests and temporary
construction easements in certain real property located at 15171 Del Amo Avenue (APN 430-
19 251-006 and 430-251-011; and
20
WHEREAS, City is authorized to acquire the parcells) described in Appendix A
21 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
22 the California Constitution and the Califomia Eminent Domain Law, Code of Civil Procedure
23 Section 1230.010 et seq. and pursuant to Streets and Highways Code Section 10102 (street
right of way); Government Code Section 54031 (parking); Govemment Code Section 38730
24 (water facilities); Streets and Highways Code Section 5100 et saq. (Street Improvement Act
acquisitions); and
25
WHEREAS, the real property interests sought to be acquired for the Project consists
26 of five assessor parcels and is located within the territorial limits of City and is generally
27 located on the west side of Del Amo Avenue between Edinger Avenue and Valencia Avenue
and east of the SR-55 Freeway; and
28
-1-
WHEREAS, the plans for the Project are on file with the Director of Public Works of
City; and
2
3 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
4
WHEREAS, City has established the amounts it believes to be just compensation for
5 the hereinafter described real property interests sought to be acquired; and
6 WHEREAS, pursuant to Govemment Code section 7267.2, City has offered to the
7 owners of the real property and interests therein the full amount established as just
compensation for the real property sought to be acquired; and
8
WHEREAS, City has provided the owners of the real property and interests therein a
9 written statement and summary of the basis for the amount established as just compensation
10 for the real property and interests sought to be acquired; and
11 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
12 failed to favorably respond to the offers of the amounts established by City as just
13 compensation; and
14 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
15 Government Code, section 65402 found that the proposed location purpose, and extent of
16 the project is consistent with the City's General Plan; and
WHEREAS, on May 5, 2003 the City Council approved Final Environmental Impact
Report 90-1 as revised by Final Supplement #1 as adequate for the Project (CIP No. 7130)
18 pursuant to Public Resources C'ode section 21000, et seq., the California Environmental
Quality Act ("CEQA"), and approved the Project (adopting findings, a Staternent of Overriding
19 Considerations, and a Mitigation Monitoring and Reporting Program), and on May 6, 2003
20 the City filed a Notice of Determination under CEQA with the County Clerk of the County of
Orange, Califomia; and
17
21
WHEREAS, pursuant to the provisions of Code of Civil Procedure, section 1245.235,
22 on April 29, 2003 there was mailed a Notice of Hearing on the intent of City Council to Adopt
23 a Resolution of Necessity for acquisition by eminent domain of the real property described in
Appendix A, which Notice of Hearing, Appendix ß, is attached hereto and incorporated
24 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
25 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
26 specified in Code of Civil Procedure section 1240.030 on the date and at the time and place
27 stated therein.
28
-2-
--~---'--'----
----.--
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, STATE OF
CALIFORNIA, finds, determines and orders as follows:
2
3 SECTION 1. The above recitations are true.
4 SECTION 2. The May 19, 2003 staff report has been read and considered along with
all evidence presented at the hearing.
5
SECTION 3. The hearing set out in the Notice of Hearing was held on May 19, 2003
6 at the time and place stated therein, and all interested parties were given an opportunity to
7 be heard. The hearing was closed.
8 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
9 more of its members, further FINDS, DETERMINES, DECLARES, AND RESOLVES each of
10 the following:
11
12
13
14
15
16
17
18
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 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 Govemment Code section 7267.2(a).
SECTION 5. All conditions and statutory requirements necessary to exercise the
19 power of eminent domain ("the right to take") to acquire the property described herein have
20 been complied with by City.
21
22
23
24
25
26
27
28
~- ~_m___-
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 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;
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;
-3-
2
3
4
d. 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.
5 P~SED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
6 on the 19 day of May 2003. .
7
8
9
Tracy Wills Worley, Mayor
10 ATTEST:
11
12
13 PAMELA STOKER
CITY CLERK
14
15
16 STATE OF CALIFORNIA)
COUNTY OF ORANGE)
17 CITY OF TUSTIN )
18 RESOLUTION NO. 03-62
19 Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
20 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
21 a regular meeting of the City Council held on the - day of , 200_, by the
following vote:
22
23 COUNCILMEMBER AYES:
24 COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
25 COUNCILMEMBER ABSENT:
26
27
PAMELA STOKER
28 City Clerk
-4-
. - - - ------
---~-_.
2
3 A.
4
5 B.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Exhibit "A"
Exhibit "A"
Appendix A
CONTENTS
Legal Description Parcel 1 02052-1 (AAE Pacific Park)
APN 430-251-006,011
Legal Description Parcel 102052-1 (AAE Pacific Park)
APN 430-251-006,011
Temporary Construction Easements
-5-
~ -~._~ -~ - ---_._~_.
PSOMAS
2
3
EXHIBIT 'A'
LEGAL DESCRIPTION
PARCEL 102052-1 (AAE PACIFIC PARK)
APN 430-251-006, 011
4
5
6
mOSE PORTIONS OF LOTS 65 AND 80, BLOCK 10 OF IRVINE'S .sUBDIVISION,
IN TIiE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA,
FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS, RECORDS OF SAID
COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
7
9
10
11
12
PARCEL 1
BEGINNING AT TIiE WESTERN MOST CORNER OF PARCEL 2 AS DESCRIBED IN
A DEED TO AAE PACIFIC PARK ASSOCIATES, LLC RECORDED AS INSTRUMENT
NO. 19980600611, OFFICIAL RECORDS OF SAID COUNTY, SAID CORNER ALSO
BEING ON TIiE SOUTHEASTERLY LINE OF THAT PARCEL OF LAND DESCRIBED
IN A DEED TO TIiE ATCIllSON, TOPEKA AND SANTA FE RAILROADS
RECORDED IN BOOK 7404, PAGE 168, OFFICIAL RECORDS OF SAID COUNTY;
TIiENCE ALONG SAID SOUTHEASTERLY LINE NORm 40°39'07" EAST
22.913 METERS TO TIiE BEGINNING OF A NON-TANGENT CURVE CONCAVE
EASTERLY HAVING A RADIUS OF 449.797 METERS, A RADIAL TO SAID
BEGINNING OF CURVE BEARS NORm 74°49'37" WEST; TIiENCE SOUTHERLY
ALONG SAID CURVE 25.748 METERS THROUGH A CENTRAL ANGLE OF 3°16'48"
TO TIiE SOUTHWESTERLY LINE OF SAID PARCEL 2; TIiENCE ALONG SAID
SOUTHWESTERLY LINE NORm 49°20'30" WEST 11.735 METERS TO THE POINT
OF BEGINNING.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
CONTAINING 131.3 SQUARE METERS OR 0.013 HECTARES, MORE OR LESS.
28
29
SEE EXHIBIT 'B' ATTACHED HERETO AND MADE APART HEREOF.
30
31
F:lsurvcys\2dokOIO31reporu~.gal\aa._new..,parcels.doc Sheet 1 of 3
March 26. 2003
LMK:irnh
--~--~--
PSOMAS
2
PARCEL 2
BEGINNING AT THE WESTERN MOST CORNER OF PARCEL 2 AS DESCRIBED
IN A DEED TO AAE PACIFIC PARK ASSOCIATES, LLC RECORDED AS
INSTRUMENT NO. 19980600611, OFFICIAL RECORDS OF SAID COUNTY, SAID
CORNER ALSO BEING ON THE SOUTHEASTERLY LINE OF THAT PARCEL OF
LAND DESCRIBED IN A DEED TO THE ATCHISON, TOPEKA AND SANTA FE
RAILROADS RECORDED IN BOOK 7404, PAGE 168, OFFICIAL RECORDS OF
SAID COUNTY; TIIENCE ALONG THE SOUTHWESTERLY LINE OF SAID
PARCEL 2 SOUTH 49°20'30" EAST 51.138 METERS TO THE TRUE POINT OF
BEGINNING: TIIENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE
SOUTH 49°20'30" EAST 42.349 METERS TO THE BEGINNING OF A NON
TANGENT CURVE CONCAVE NORTHERLY HAVING A RADlliS OF
189.192 METERS, A RADIAL TO SAID BEGINNING OF CURVE BEARS SOUTH
11054'41" EAST; THENCE EASTERLY ALONG SAID CURVE 14.633 METERS
THROUGH A CENTRAL ANGLE OF 4°25'53" TO THE NORTHWESTERLY LINE
OF DEL AMO AVENUE (21.336 METERS WIDE); TIIENCE ALONG SAID
NORTHWESTERLY LINE NORTH 40°39'12" EAST 80.745 METERS TO THE
BEGINNING OF A NON TANGENT CURVE CONCAVE NORTHWESTERLY
HAVINGARADlliS.OF
136.674 METERS, A RADIAL TO SAID BEGINNING OF CURVE BEARS SOUTH
43°22'32" EAST; THENCE LEAVING SAID NORTHWESTERLY LINE AND
TRAVELLING SOUTHWESTERLY ALONG SAID CURVE 48234 METERS
THROUGH A CENTRAL ANGLE OF 20°13'13"; THENCE NON-TANGENT TO
SAID CURVE NORTH 23°09'26" WEST
1.200 METERS TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE
NORTHERLY HAVING ARADlliS OF 135.474 METERS, A RADIAL TO SAID
BEGINNING OF CURVE BEARS SOUTH 23°09'19" EAST; TIIENCE WESTERLY
ALONG SAID CURVE 27.530 METERS THROUGH A CENTRAL ANGLE OF
11"38'35"; THENCE NON-TANGENT TO SAID CURVE
SOUTH 11°41'51" EAST 1.200 METERS TO THE BEGINNING OF A NON
TANGENT CURVE CONCAVE NORTHERLY HAVING A RADlliS OF
3
4
5
6
7
8
9
10
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12
13
14
15
16
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21
22
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27
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F,'-'urveys\2dokOIO3\reports~egal\aae_new_"""",b.doe Sheet 2 of 3
Marcb 26.2003
LMH:lmb
m.__- .-- ----- - ----
PSOMAS
2
3
136.674 METERS, A RADIAL TO SAID BEGINNING OF CURVE BEARS SOUTH
11030' 49" EAST; THENCE WESTERLY ALONG SAID CURVE 32.518 METERS
TIIROUGH A CENTRAL ANGLE OF 13°37'55" TO THE SOUTHWESTEL Y LINE
OF SAID P ARCÉL 2 AND THE TRUE POINT OF BEGINNING.
4
5
6
7
CONTAINING 1,582.9 SQUARE METERS OR 0.158 HECTARES, MORE OR LESS.
SEE EXHIBIT 'B' ATTACHED HERETO AND MADE APART HEREOF.
9
10
THIS LEGAL DESCRIPTION IS NOT INTENDED FOR USE IN THE DIVISION
AND/OR CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP
11
12
13
ACT OF THE STATE OF CALIFORNIA.
14
15
PREPARED UNDER THE DIRECTION OF
16
17
18
19
20
£ .I tJ Æ c c::Ú sC--
WALTER A. SHEEK, PLS 4838
LICENSE EXPIRES 9/30/04
-;:?¡".;:¿ <!;./Ó ~3
.
21
22
DATE
~~~~~;:g:0103"""ons~.gal\aa,_new_p'"".I,.dOC Sheet 3 of 3
LMH'lmh
-~~_..~~ ----
PSOMAS
EXHIBIT 'A'
2
3
4
5
6
7
LEGAL DESCRIPTION
PARCEL 102052-1 (AAE P ACIF1C PARK)
APN 430-251-006, 011
TEMPORARY CONSTRUCTION EASEMENTS
9
THOSE PORTIONS OF LOTS 65 AND 80, BLOCK-I0 OF IRVINE'S SUBDIVISION,
IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA,
FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS, RECORDS OF SAID
COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
10
11
12
13
14
TEMPORARY CONSTRUCTION EASEMENT 1
BEGINNING AT THE WESTERN MOST CORNER OF PARCEL 2 AS DESCRIBED
IN A DEED TO AAE PACIFIC PARK ASSOCIATES, LLC RECORDED AS
INSTRUMENT NO. 19980600611, OFFICIAL RECORDS OF SAID COUNTY, SAID
CORNER ALSO BEING ON THE SOUTHEASTERLY LINE OF THAT PARCEL OF
LAND DESCRIBED IN A DEED TO THE ATCHISON, TOPEKA AND SANTA FE
RAILROADS RECORDED IN BOOK 7404, PAGE 168, OFFICIAL RECORDS OF'
SAID COUNTY; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID
PARCEL 2 SOUTH 49°20'30" EAST 11.735 METERS TO THE BEGINNING OF A
NON TANGENT CURVE CONCAVE EASTERLY HAVING A RADIDS OF
449.797 METERS, A RADIAL TO SAID CURVE BEARS SOUTH 78°06'24" EAST,
SAID BEGINNING ALSO BEING THE TRUE POINT OF BEGINNING; THENCE
LEAVING SAID SOUTHWESTERLY LINE AND TRAVELLING NORTHERLY
ALONG SAID CURVE 25.748 METERS THROUGH A CENTRAL ANGLE OF
3016'4 T' TO SAID SOUTHEASTERLY LINE OF THE ATCHISON, TOPEKA AND
SANTA FE RAILROAD; TIiENCE ALONG SAID SOUTHEASTERLY LINE
NORTH 40039'07" EAST 12.027 METERS; THENCE LEAVING SAID
SOUTHEASTERLY LINE SOUTI:I 16°18'40" WEST 8.338 METERS; THENCE
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
S,\2dokOl031reports~.gal\aa._n"'_p."".1'3CE.doc Sheet 1 of 5
March 26. 2003
LMH:1mh
PSOMAS
2
3
SOUTH 40°39'07" WEST 8.962 METERS TO THE NORTHEASTERLY LINE OF
SAID PARCEL 2; THENCE ALONG SAID NORTHEASTERLY LINE
SOUTH 49°20'30" EAST 4.326 METERS TO THE BEGINNING OF A NON
TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF
4
5
444.797 METERS, A RADIAL TO SAID CURVE BEARS NORTII 75°46'59" WEST;
THENCE LEAVING SAID NORTHEASTERLY LINE AND TRAVELLING
SOUTHERLY ALONG SAID CURVE 20.788 METERS THROUGH A CENTRAL
ANGLE OF 2°40'40" TO THE SOUTHWESTERLY LINE OF SAID PARCEL 2;
THENCE ALONG SAID SOUTHWESTERLY LINE NORTII 49°20'30" WEST
5.713 METERS TO THE TRUE POINT OF BEGINNING.
6
7
8
9
10
11
12
13
CONTAINING 142.7 SQUARE METERS OR 0.0143 HECTARES, MORE OR LESS
14
15
SEE EXHIBIT 'B' ATIACHED HERETO AND MADE APART HEREOF.
16
17
TEMPORARY CONSTRUCTION EASEMENT :z
BEGINNING AT THE MOST WESTERLY CORNER OF PARCEL 2 AS DESCRIBED
IN A DEED TO AAE PACIFIC PARK ASSOCIATES, LLC RECORDED AS
INSTRUMENT NO. 19980600611, OFFICIAL RECORDS OF SAID COUNTY, SAID
CORNER ALSO BEING ON THE SOUTHEASTERLY LINE OF THAT PARCEL OF
LAND DESCRIBED IN A DEED TO THE ATCHISON, TOPEKA AND SANTA FE
RAILROADS RECORDED IN BOOK 7404, PAGE 168, OFFICIAL RECORDS OF
SAID COUNTY; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID
PARCEL 2 SOUTH 49°20'30" EAST 42.857 METERS TO THE BEGINNING OF A
NON TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF
131.674 METERS, A RADIAL TO SAID CURVE BEARS SOUTH 04°56'17" WEST,
SAID BEGINNING ALSO BEING THE TRUE POINT OF BEGINNING; THENCE
LEAVING SAID SOUTHWESTERLY LINE AND TRAVELLING EASTERLY
ALONG SAID CURVE 27.674 METERS THROUGH A CENTRAL ANGLE OF
12°02'30" TO THE NORTHEASTERLY LINE OF SAID PARCEL 2; THENCE
ALONG SAID NORTIIEASTERL Y LINE SOUTH 49°20'30" EAST
18
19
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25
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27
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S:\2dokO1O3\rcports~egal__newJOan:els]CE.doc Sheet 2 of 5
Man:h26.2003
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10
11
12
13
14
15
16
17
PSOMAS
2
3
6.176 METERS; THENCE LEAVING SAID NORTHEASTERLY LINE OF PARCEL 2
NORTH 40°39'12" EAST 7.319 METERS TO THE BEGINNING OF A NON
TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF
131.674 METERS, A RADIAL TO SAID CURVE BEARS SOtITH 11 °16'18" EAST;
THENCE EASTERLY ALONG SAID CURVE 73.779 METERS THROUGH A
CENTRAL ANGLE OF 32°06'13" TO A LINE PARALLEL WITH AND
5.000 METERS NORTHWESTERLY OF THE NORTHWESTERLY LINE OF DEL
AMO AVENUE (21.366 METERS WIDE); THENCE ALONG SAID PARALLEL
LINE NORTH 40039'12" EAST 52.692 METERS; THENCE NORTH 04°20'46" WEST
7.798 METERS; THENCE NORTH 40°39'12" EAST 14.492 METERS; THENCE
SOtITH 49°20'30" EAST 10.487 METERS TO SAID NORTHWESTERLY LINE OF
DEL AMO AVENUE; THENCE ALONG SAID NORTHWESTERLY LINE
SOtITH 4003.9'12" WEST 73.217 METERS TO THE BEGINNING OF A NON-
TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF
136.674 METERS, A RADIAL TO SAID BEGINNING OF CURVE BEARS
SOtITH 43°22'32" EAST; THENCE LEAVING SAID NORTHWESTERLY LINE
AND TRAVELLING SOtITHWESTERLY ALONG SAID CURVE 48234 METERS
4
6
7
8
9
18 THROUGH A CENTRAL ANGLE OF 20°13'13"; THENCE NON-TANGENT TO
19 SAID CURVE NORTH 23°09'26" WEST 1.200 METERS TO THE BEGINNING OF A
20 NON TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF
21 135.474 METERS, A RADIAL TO SAID CURVE BEARS SOtITH 23°09'19" EAST;
22 THENCE WESTERLY ALONG SAID CURVE 27.530 METERS THROUGH A
23 CENTRAL ANGLE OF 11°38'35"; THENCE NON-TANGENT TO SAID CURVE
24 SOtITH 11°41'51" EAST 1.200 METERS TO THE BEGINNING OF ANON
25 TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF
26 136.674 METERS, A RADIAL TO SAID CURVE BEARS SOtITH11 °30'49" EAST;
27 THENCE WESTERLY ALONG SAID CURVE 32.518 METERS THROUGH A
28 CENTRAL ANGLE OF 13°37'55" TO SAID SOtITHWESTERLY LINE OF PARCEL
29 2; THENCE ALONG SAID SOtITHWESTERL Y LINE NORTH 49°20'30" WEST
30 I 8.281 METERS TO THE TRUE POINT OF BEGINNING.
I
31 I
S:\2dokO1O3\rcportsllegal'oae_newß""ls_TCE.doc Sheet 3 of 5
Mareh 26. 2003
IMH:lmh
PSOMAS
CONTAINING 951.4 SQUARE METERS OR 0.095HECTARES MORE OR LESS.
2
SEE EXHIBIT 'B' ATTACHED HERETO AND MADE APART HEREOF.
4
5
TEMPORARY CONSTRUCfION EASEMENT 3
BEGINNING AT TIIE WESTERN MOST CORNER OF PARCEL 2 AS DESCRIBED
IN A DEED TO AAE PACIFIC PARK ASSOCIATES, LLC RECORDED AS
INSTRUMENT NO. 19980600611, OFFICIAL RECORDS OF SAID COUNTY, SAID
CORNER ALSO BEING ON TIIE SOUTIIEASTERLY LINE OF THAT PARCEL OF
LAND DESCRIBED IN A DEED TO THE ATCmsON, TOPEKA AND SANTA FE
RAILROADS RECORDED IN BOOK 7404, PAGE 168, OFFICIAL RECORDS OF
SAID COUNTY; TIIENCE ALONG SAID SOUTIlWESTERL Y LINE
SOUTH 49°20'30" EAST 93.487 METERS TO THE TRUE POINT OF
BEGINNING: THENCE CONTINUING ALONG SAID SÇ>UTIlWESTERL Y LINE
SOUTH 49°20'30" EAST 3.254 METERS TO TIIE BEGINNING OF A NON
TANGENT CURVE CONCAVE WESTERLY HA VJNG A RADIUS OF
5.182 METERS, A RADIAL TO SAID CURVE BEARS NORTH 40°38'04" EAST;
THENCE SOUTIIERLY ALONG SAID CURVE 8.141 METERS THROUGH A
CENTRAL ANGLE OF 90°01 '08" TO TIIE NORTHWESTERLY LINE OF DEL AMO
A VENUE'(21.366 METERS WIDE); TIIENCE ALONG SAID NORTHWESTELRY
LINE NORTH 40°39' 12" EAST 17.133 METERS TO TIIE BEGINNING OF A NON
TANGENT CURVE CONCAVE NORTIIERLY HA VJNG A RADIUS OF
189.192 METERS, A RADIAL TO SAID CURVE BEARS SOUTH 16°20'34" EAST;
THENCE WESTERLY ALONG SAID CURVE 14.633 METERS THROUGH A
CENTRAL ANGLE OF 4°25'53" TO SAID SOUTIlWESTERL Y LINE OF PARCEL 2
AND THE TRUE POINT OF BEGINNING.
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CONTAINING 54.8 SQUARE METERS OR 0.005 HECTARES, MORE OR LESS
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SEE EXHIBIT 'B' ATTACHED HERETO AND MADE APART HEREOF.
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S,\2dokO1O3'<eports~.gal__new_plUO.ls_TCE.doc Sheet 4 of 5
MlUCh 26. 2003
IMH,Jrnh
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PSOMAS
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THIS LEGAL DESCRIPTION IS NOT INTENDED FOR USE IN THE DIVISION
AND/OR CONVEYANCE OF LAND IN VIOLATION OF THE SUBDMSION MAP
ACT OF THE STATE OF CALIFORNIA.
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PREPARED UNDER THE DIRECTION OF
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~ ~ß¡¿ c 4";'
WALTER A. SHEEK,PLS 4838
LICENSE EXPIRES 9/30/04
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S'\2dokOl03\n,ports~'gal\a.._ncw"parccls_TCE.doc Sheet 5 of 5
March 26. 2003
IMH,lrnh
~d 71å t:O:J'3
DATE
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PROOF OF SERVICE BY MAIL
STATE OF CALIFORNIA, COUNTY OF ORANGE
3 I am over the a~e of 18; I am employed by the CITY OF TUSTIN in the County of
Orange at 300 Centennial Way, Tustin, California, 92780-3767.
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On April 29, 2003, I served the foregoing document(s) described as Notice of Hearing
5 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:
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(BY MAIL) I placed said envelope(s) for collection and mailil'1Q, 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 processin~ correspondence for mailin~ 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 coursé 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.
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(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.
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(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 April 29, 2003 at Tustin, California.
r ~Å' ~ JjO-.-u- ~:
Cecelia Garcia
Administrative Secretary