Resolution Number 09-02-03-02RESOLUTION NO. 09-02-03- 02
' A RESOLUTION OF THE CITY COUNCIL OF SAN JUAN CAPISTRANO,
CALIFORNIA AUTHORIZING AND DIRECTING THE CONDEMNATION
OF CERTAIN REAL PROPERTY (APN No. 668-242-02) LOCATED IN
THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY
THEREFORE. (SEASIDE RANCHOS) (CIP 111)
WHEREAS, the City of San Juan Capistrano ("City") is a public body, corporate
and politic of the State of California, organized and operating pursuant to the laws of the
State of California, and is authorized as specified herein to take real property by
condemnation and to hold, use and enjoy such property as necessary to fully exercise
its powers; and
WHEREAS, the Public Works Department, on an on-going basis, considers,
investigates and engages in the acquisition of properties for the purpose of constructing
capital improvement projects with the intent of securing all essential properties needed
to implement the General Plan Circulation Element, Arterial Highway System, and in
this case by constructing CIP 111- Del Obispo Street and Camino Capistrano
Intersection Improvements (the "Project"); and
WHEREAS, the City and through it's Public Works Department has determined
that the acquisition of that certain real properties, approximately 962 square feet located
on a portion of Lot 31 of Tract No. 103 in the City of San Juan Capistrano, County of
Orange, State of California, as shown on map filed in Book 11 Pages 26 through 33,
inclusive, of Miscellaneous Maps, Records of said Orange County as Assessor's Parcel
Number 668-242-02 and as further described in Exhibit 2 of Exhibit A attached hereto
(the "Property'), represents a necessary and essential component of the City's
successful completion of the Project; and
WHEREAS, more specifically, the City has determined that the Property's
ultimate use upon widening the street is an essential component in relieving traffic
congestion by reducing the delay time (improving the level of service); and
WHEREAS, the City has pursuant to Section 15063 and 15064 of the CEQA
Guidelines, issued the City's acquisition of the Property in furtherance of the Project a
mitigated negative declaration pursuant to Section 15070 of those guidelines; has
caused a Notice of Negative Declaration to be posted pursuant to Section 15072 of
those guidelines, and has otherwise complied with all applicable provisions of the
California Environmental Quality Act (1970); and all mitigation measures have been
included; and
' WHEREAS, the City is authorized to acquire the Property by condemnation
pursuant to the provisions of California State law, including, but not limited to, Article I,
Section 19 of the California Constitution and California Health & Safety Code §33037, in
Page 1 of 4 02-03-2009
order to carry out the business of the City, such power being exercised pursuant to the
provisions of Section 1230.010 at seq. of the California Code of Civil Procedure; and
WHEREAS, on January 17, 2008, the City mailed the owners a legal notice of
the intent to adopt a resolution of necessity to acquire the Property in fee simple by
eminent domain pursuant to and in compliance with the requirements of California Code
of Civil Procedure section 1245.235 (the "Notice Letter"), a true and correct copy of the
Notice Letter being attached hereto, inclusive of its various exhibits, and incorporated
herein by this reference as Exhibit A; and
WHEREAS the Property is legally described on the first page of Exhibit 2 to
Exhibit A attached hereto and graphically reflected on the second page of Exhibit 2 to
Exhibit A, an assessor's map showing the Site; and
WHEREAS, the Notice letter advised the owners of a public hearing in this matter
before the Council on February 3, 2009, and the City Council held a public hearing on
this date (the "Hearing"), at which the matters set forth in California Code of Civil
Procedure section 1240.030 were discussed, including the following:
a) Whether the public interest and necessity require the proposed Project;
b) Whether the proposed Project is planned and located in the manner that
would be most compatible with the greatest public good and the least
private injury;
c) Whether the property sought to be acquired (which is described herein) is
necessary for the proposed Project; and
d) Whether the offer required by section 7267.2 of the California Government
Code has been made to the owner or owners of record; and
WHEREAS, the City, via the Notice Letter, has provided all persons whose
names appear on the last equalized County Assessment Roll as having an interest in
the Property with a reasonable opportunity to appear and be heard on those matters
referred to in section 1240.030 of the California Code of Civil Procedure; and
WHEREAS, at the Hearing, Staff presented a written report to the Board,
supplemented by oral information, regarding the proposed Project and the matters set
forth herein; and
NOW, THEREFORE, BE IT RESOLVED, the City Council, by vote of two-thirds
or more of its members, hereby declares, finds, and determines as follows:
1. The recitals above are true and correct and incorporated herein by reference.
2. The public interest and necessity require the acquisition of the of the Property, to
wit that certain real property described and reflected in the first page of Exhibit 2
to Exhibit A attached hereto (heretofore referred to as the "Property"). The City
Council finds that the acquisition of the Property is necessary to widen Del
Obispo Street to accommodate the ultimate geometry of the General Plan
Circulation Element, Arterial Highway System.
Page 2 of 4 02-03-2009
3. The public interest and necessity require the acquisition and taking of a fee
PASSED, APPROVED, AND ADOPTED this 3rd da f February 2009.
__1W -
M RK NIELSEN, MAYOR
ATTEST:
R. MONAHAN, CITY CLERK
Page 3 of 4 02-03-2009
simple interest in the Property in order for the proposed Project to proceed, the
proposed Project being a public use authorized by law and the California
Constitution and California Health & Safety Code §33037, among other
provisions of the statutes of the State of California, permit and empower this
acquisition by the City through its exercise of the power of eminent domain for
the stated public use.
4.
The Property sought to be condemned in this matter is legally described on the
first page of Exhibit 2 to Exhibit A attached hereto and incorporated into this
Resolution of Necessity.
5.
The public interest and necessity require the proposed Project.
6.
The proposed Project is planned and located in the manner that will be most
compatible with the greatest public good and the least private injury.
7.
The Property sought to be acquired, is necessary for the proposed Project.
8.
The offer required by Government Code section 7267.2, subdivision (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,
Subdivision (a).
9.
The City has complied with all conditions and statutory requirements necessary
to exercise the power of eminent domain to acquire the Property.
10.The law firm of Woodruff, Spradlin & Smart, is hereby authorized, empowered
'
and directed to prepare, commence and prosecute an eminent domain action or
actions in the Superior Court of the State of California in the name and on behalf
of the City against all owners and persons and entities claiming or having
interests in the Property for the purpose of performing and carrying out all
proceedings and steps incident to the condemnation and the acquisition of the
Property, including obtaining warrants for deposit of funds, orders for pre-
judgment possession, and other steps necessary to acquire fee simple title to the
Property, unless a lesser estate has been specified herein, by and for the City of
San Juan Capistrano.
PASSED, APPROVED, AND ADOPTED this 3rd da f February 2009.
__1W -
M RK NIELSEN, MAYOR
ATTEST:
R. MONAHAN, CITY CLERK
Page 3 of 4 02-03-2009
EXHIBIT A
[Notice of Hearing Letter on Resolution of Necessity, which attaches Exhibit
1 (copy of Government Code section 7267.2) and Exhibit 2 (legal
description and site map)]
Page 4 of 4 02-03-2009
32400 PASEO ADELANTO
BAN JUAN cAPISTRANO, cA 92875
(949) 4931171 _
(949) 493.1053 PAX
www. sanJuancapWrano.org
MBABW OFTHE CRY COUNC0.
SAMALLEVATO
IAUPAFREEBE
THOMAS"Rim
MARK NIELSEN
OR. LONDPES USO
NOTICE OF HEARING REGARDING INTENT.TO ADOPT RESOLUTION OF
NECESSITY TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN, ASSESSOR'S
PARCEL NUMBER 668-242-02
(California Code of Civil Procedure Section 1245.235)
January 16, 2009
To:
Seaside Ranchos
c/o Mr. Robert Dolley, Sr.
PO Box 444
Tustin, CA 92781
From:
City Council for the City of San Juan Capistrano
Dear Mr. Robert Dolley:
1. Notice of Intent of the San Juan Capistrano City Council to Adopt a
Resolution' of Necessity. The City Council intends to consider the adoption of a
Resolution of Necessity on February 3, 2009 that if adopted, will authorize the City of
San Juan •Capistrano ("City") to acquire`the property described. herein by eminent
domain for. the CIP ' 111- Dei Obispo Street and Camino Capistrano Intersection
Improvements.
A description of the property being considered for acquisition accompanies the
proposed Resolution of Necessity, which is attached hereto as Exhibit 2 and
incorporated herein to this Notice hereinafter the (°Piopertyl.
You are being provided notice as your name. appears on the title and/ or last
equalized County of Orange assessment roll. .
The statutes that authorize the City to.acquire the property by eminent domain,
includes, but are not limited to, for this proposed project are Streets and Highways Code .
Section 10102 (street right of way); Government Code Section 54031 (parldng);
Government Code Section 38730 (water facilities); Streets and Highways Code Section
5100 at seq. (Street Improvement Act acquisitions).
' 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 February 3, 2009, at. 6:30
p.m., or as soon thereafter as the matter may be heard, at 32400 Paseo Adelanto,
San Juan Capistrano: Preserving the Past to Enhance the Future
Page.2
Mr. Robert Dolley, Sr.
Council Chamber, San Juan Capistrano, California, will hold a hearing on whether such
a ,Resolution of Necessity should be adopted; as required by California Code of Civil
Procedure section 1245.220 for the commencement of an eminent domain proceeding to
acquire real property.
You have a right to appear and be heard, before the City Council at the above
scheduled hearing on the following matters and issues, and to have the City Council give
judicious consideration to your testimony prior to deciding whether or not to adopt the
proposed Resolution of Necessity:
a. Whether the public interest and necessity require the proposed project;
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 the statutory authority to acquire the property by
eminent domain.
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 the San Juan Capistrano City Hall, 32400 Paseo Adelento,
San Juan Capistrano, California 92675.
Should you elect to mail your request to the City Cleric, it must actually be
received by" City Clerk for filing within,(15) days after this Notice was mailed.
The date the mailing appears at the end of this Notice.
California Code of Civil Procedure sectlon 1245.235(b)(3) provides that "Failure
to fife a written request to appear and be heard within fifteen (15) days after the Notice
Page 3
Mr. Robert Dolley, Sr.
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 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 .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 the City Council elects to adopt the Resolution of Necessity, then within sic
(6) months of the adoption of -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 January 16, 2009.
Dave ac�ams, City Manager1
Attachments
Proposed Resolution of Necessity
Exhibit i -Copy of Government Code section 7267.2, subdivisions (a), (b), (c)
Exhibit 2- Legal Descriptions and site maps
C: Omar Sandoval
Nasser Abbaszadeh
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 ON Procedure and Initiating negotlations 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 tp the owner. or owners of
record to acquire the property for the full amount,.so established, unless the
owner cannot be located with reasonabld dliigenm The offer may be oanditloned
upon the legislative body's rstiflcatlon`of the offer by. execution of a'contract of
acqulsition. or adoption of a resol4flon, of necessity or both. Irl 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 to the fair market value of.real
property to be.acquired prior to the date of valuation caused by the public
improvement for whM.tite property Is poqulred, or by the likelihood that the
property would be acquired for the improvement, other than that due to physical.
deterldration within the reasonable control of.f the owner or occupant, shall be
disregarded In defermintng the compensation for the property.
(b) Thw public entity shall provide the owner of real'pmperty.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 flydicate dearly 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 analysts; supporting the determination of
value.
(3) Vyhere appropriate, the just compensation.. for the real property
acquired and for damages -b. remaining real property shall be
sgparately. stated and shall include the calculations -and narrative
Oplondtibn supparVng the compensation, Including any offsetting
benefits.
(c) . Where. the property involved 7s owner occuplad residentfaV or+apertyand
contains no morethan four residential units, the homeowner shall, upon request,
be allowed to reviews copy of the appraisal upon which the offer is' based'. The
public entdy, may, but is not required to, satisfy.th6yofiieh statement, summary,.
and review requirements of this section by providing the owner a copy of the
appraiset on which the offer Is based.
+srma+ . •
EXHIBIT 1
I
EXHIBIT "A"
PRELIMINARY LEGAL DESCRIPTION
All of Assessors Parcel' No. 068-242-02
That portion of Lot 31 of Tract No. 103,. ift the City of San juan Caplstr�ano, 'bounty of
Orange, Statto of California, as shown on rnap filed in Book '11 Pages 26through $3,
inclusive, of Miscellaneous -Maps; Records of said Orange County, bounded as follows:
Northeasterly by southwesterly line .of Parcel I of Parcel Map No. 89-434, as filed in
Book 45 Pages 36 and 37 of Parrel. Maps, Records- of said county;
Westerly by the easterly On
.. Q. (and its southerly prolongation) of Parcel Map No. 87-367,
filed in Book 230 Pages 41 through 43,-lnolusive, of Parcel .Maps, Records of said
County
Southerly by the westerly prolongation of that certain course, in the southerly line of said
Parcel I of Parcel Map No. 8.9-434 shown as " N69900f00r W 6.12' " on said map.
Contains 962 square. feet, more or less.
As showroom Exhibit " S" attached harato and by this reference made a part HOW
favid O: f<nell 11-0 ......... ........
PLS 5301 Date P.
Vx
LS.53o 1 33
bemmber-i 8.2008 Exp_ 12-31-M
Oa
I
I
EXHIBIT "B"
PIPJ Nd, �3 J�36 J
PARCEL 1
PPJkFJ 230, ✓ -4 J --43
wr
1 �
mm
9 P.
a " F
x•10.00'
338.59'
S89.00' U"'E
Q M
'
DEL. 4BISP4 -STREET
`
PRELIMINARY
1 ARY
tiy;p��, WILLDAN scuE 1'=40' IDA oEc 1z. zoo6 SKETCH TUACCOMPANY ENG INEERS ®PL,aNRERS DRAWN BY D.BEYERBAGI 668-242-02PR0P.OD8•
1;191 CROS PA IIRKY�Y RpRYR� suiT[ „: 'LEGAL OESCR I PT I ON
I TRY. C+. 41r4sa4lt CI(EO BY D.KNEII SJCAP/0EL[RIITAKES
f 56Y1 9pK-6Y00
'STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 09-02-03-02 was duly adopted by the City Council of the
City of San Juan Capistrano at a Regular meeting thereof, held the 3rd day of February 2009, by
the following vote:
AYES: qoUNCIL MEMBERS
NOE OUNCIL MEMBER:
REC S :QVUNCIL MEMBER:
Allevato, Freese, Uso and Mayor Nielsen
None
Hribar