HomeMy WebLinkAboutCC RES 75-804
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RESOLUTION NO. 75-80
A RESOLUTION OF THE CITY COUNCIL, CITY OF TUSTIN,
CALIFORNIA, FINDING AND DETERMINING THAT PUBLIC
INTEREST AND NECESSITY REQUIRE, AND ORDERING, THE
ACQUISITION BY CONDEMNATION OF CERTAIN PROPERTY FOR
PUBLIC PUSPOSES.
The City Council, of the City of Tustin, California, hereby resolves
as follows:
1. The City Council finds and determines and hereby declares that:
A. The public interest and necessity require the acquisition,
construction and .completion by the City of Tustin of a public improvement
· ' namely a public city street;
B. The public interes: and necessity require the acquisition,
for and in connection.with said public improvement, of parcels of the
real property., and interests in rea/ property, hereinafter described
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in Exhibit:' "A" t:ached hereto and incorporated herein-By this
reference.
C. That each of' said properties is a part of a larger parcel,
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whic~ said larger parcels are more particularly described in Exhibit "B",
attached hereto, and incorporated herein, by this reference,
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D. . That the location and general route of the public street to
:"be acquired, constructed and completed by the City of Tustin is shown
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on Exhibit "C", attached hereto and incorporated herein by this
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reference. ' ·
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E.. Said proposed public improvement is planned and located in
a manner that'will be most compatible with the greates: good anJ the
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· least private injury.
F. That the public interest and necessity require the acquisition
of the aforesaid parcels of real property, and interests therein, for
a public purpose, namely for public street and higt,~ay purposes, and
such other public purposes as may be authorized by law.
2. The City Council hereby authorizes and directs James' G. Rourke,
City Attorney 'of the City of Tustin, to institute eminent domain proceedings
PARCEL: 103-230-58
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in tha'Superier Court of the State of California for the County of Orange
for the purpose of acquiring in the name of the City of Tustin an easement.
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in, on, over and upon the hereinabove described real property, and. interest, g.~
in real property, by condemnation proceeding or proceedings in accordance
with the provisions of the statutes and constitution of the State of
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California relating to eminent domain.
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" PASSED /h.\'D ADOPTED at a regular meeting of the City Council, City of
Tustin, California, held on the 15th day of December, 1975.
ATTEST
CLERK
S.66
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PARCEL
NO. 103-230-58
EXHIBIT "
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That portion .of
lot 1, 'B16ck'" 12 of"'IrvineVs" Subdi'vi'sion,--a's--s'h'own
recorded in Book 1, page 88 of Miscellaneous Maps,
County., California, described as follows: .
That Portion o.f the following described parcel lying. '
northwesterly of a line being 71.00- feet southeasterly
of as measured at 'right angles from and parallel to
the northwesterly line of said lot.l:
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The northeasterly 1/2 of the southwesterly' 1/2. of ~ot 1, .'-
Block 12 of Irvine's' Subdivision, as shown on a map thereof
recorded in Book 1', page 88 of Miscellaneous Maps', Records
of said Orange County. . .
EXCEPTING THEREFROM the northwesterly 30 feet of said land, '
as reserved in the deed from the I:cvine Company, a .. ·
corporation, recorded January 4, 1902, in Book 60, page...- '
· 89, Deeds.
on a map thereof
Records of Orange
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ALSO EXCEPTING THEREFROM t~e northeasterly. 175.30 feet"
of said land as measured along the southeasterly' line of
the .above mentioned '30 foot strip.
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ALSO EXCEPTING THEREFROM that portion of said ].and
described as
and Santa Fe
September 24,
Parcel 3 in the deed-to the Atchis.on, Topeka
Railway Company, 'a corporation, recorded
1924, in Book 539, page 345, Deeds.
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ALSO 'EXCEPTING THEREFROM those portions of said' land
described in the deeds to the Goldenwest Citrus Association.,
a California corporation, recorded June 28, 19 43, in Book
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1196, page 324, Official Records, and recorded October . . ...
14, 1944, in Book 1290, page 164, Official Records.
ALSO EXCEPTING THEREFROM a .righ~ of way for road purposes-
(Newport Avenue), as granted tO the County of Orange, by
deed recorded'November 23, 1915, in Book 279', page 187
..' of Deeds, Records of Orange County, California, over
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"that portion of said land lying within the 50 .foot.... '.
strip of land .described therein. .... '. .....-.'~ ".....'"
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EXHIBIT "B:"
PARCEL NO. 103-230-58
That land situated in the State of California, 'County of
Orange, described, as follows: ..
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to 1/2 of the Sout!lwes~erlv 1/2 of Lot 1, Block 12 of
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~od from ~o Irvin~ C6mpany, a co.ration, ~cordod J~uary 4,
book 60, pago gg, r~eds. . ."
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.along ~he Sou~oamtorly 1~~ of ~le abovem~nktoned 30 foo~. strip~..
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fuLS0 EXCEPTI'.~-~G THE.~EFR0,~- ~lat portio:% of said lan~ de~crtbe, d as Parcul
in the des~ to The Atchison, Topeka .%nd S~nta Fe Rnilway Company, a
corporatioa~ recorded Sopte~bor 24, i924~ t~ book 53~, pago 345, Doe~.'-
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doeds to The c~ldonwest Cigars Association, a California corp0rahton~
recorded J~ne 28,' 1943, ~ book 1196, pa~ 324-, Official P~cord~
r{~r~d. Oc~o~r 14, 19~4, In b.~k 1290., pag~ I64, Offi~at
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~ID 34260 ' - ..
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STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
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RUTH C. POE, 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 me~bers of the City
~Council of the City of T,~]stin is five; that the above and
foregoing Resolution No.. 75-80 was duly and regularly
introduced, read, passed and"ad.op~d at a regular meeting
of the City Council held on the~_~ !5.t_h~ day of;..D..'.eqe..mb.e~.,
1975, by. the following vote-.
AYES:
NOES: COUNCILMEN NONE
ABSENT:
COUNC IL~EN .SUTCLIFF
.Ci~---Ci~k-/ City 6f .... Tu'S't~in~ ;daiif°~ni'i
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