HomeMy WebLinkAboutCC RES 75-764
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RESOLUTION NO. 75-76
A RESOLUTION OF THE CITY COUNCIL, CITY OF TUSTIN,
CALIFOIRNIA, FINDING AND DETERMINING THAT PUBLIC
INTEREST AND NECESSITY REQUIRE, AND ORDERING, THE
ACQUISITION BY CONDEMNATION OF CERTAIN PROPERTY FOR
PUBLIC PURPOSES.
The City Council, of the City of Tustin, California, hereby resolves
as follows' ·
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1. The City Council finds and determines and hereby declares that:
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A. The public interest and necessity require the acquisition,
construction and completion by the City of Tustin of a public improvem.ent
namely a public city street;
B. The public interest and necessity require the acquisition,
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for and in connection with said public improvement, of parcels of the
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real property,' and interests in real property, hereinafter described'
in Exhib±t "A", a~tached hereto and incorporated herein by this
reference.
C. That each of said properties is a part of a larger parcel,
which said larger parcels are more particularly described in Exhibit
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
on Exhibit "C" tached her to and incorporated 'herein by this
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ref&rence.
E. Said proposed public improvement is planned and located in
a manner that will be most compatible with the greatest good. and the
least private injury. -
F.. That the public interest and necessit~ require the acquisition
of the aforesaid parcels of rea]. property, and interests therein, for
a public purpose, namely for public street and highway 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' tl~e City of Tustin, to institute eminent domain proceedings
PARCELS I, II, III AND IV
of SBE 872-30-9F-20
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in the Superior Court of the State of California for the County~of Orange
for .the purpose of acquiring in the name of the City o Tustin an easement
in, on,. over and upon the hereinabove described'real property, and interests
in real property, by condemnation proceeding or proceedings in accordance
~ ! with the provisions of the sta.tutes and constitution of the State of
California relating to eminent domain.
' PASSED ~%?D ADOPTED at a regular meeting of the City Council, City of
ii Tustin, California, held on the 15th day of December 1975.
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ATTEST:
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EXq{IBiT "A"
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PARCEL NO. SBE 872-30-97-20 (I)
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A portion of the certain land situated in the State of Call ornia,
described in Exhibit "B" attached hereto, described as follows:
County of Orange
That portion of lot 9 and the C. Avila lot and that portion'of
-the County .Road ('now Newport Avenue) adjacent to said lot 9 and
the C. Avila lot, of the Vanderlip and. Rowan Tract, .as Per.-map
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· recorded in book 5, page 160, Miscellaneous Records of Los Angeles
County, "Cali. fornia, described as follows: . .
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~ Beginning at the point of intersection of the easterly
'./. .
I right-of-way line of Holt Avenue, an 80' wide. street,
--~ .................. ,.~'. and the northwesterly right-of-way line of the County
· . '. Road (now Newp'ort Avenue), a 60' ...wide street, as said
· ' . '. right-of-way lines are shown on sa'id Vanderlip and Rowan
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Tract; thence, N. 39°5'2'59" E., alongtsaid n~r. thwesterly
right-of-~' ! line, a distance of 292~~ fee~, to the
point' of i~tersection wi~h the westeiJ, y line of the.
Orange County Flood Control Distric~ Easement as per
dei~d recorded in Book 5670, page 846 of O£fici'al Records
of Orange County, California; thence, southerly, along
said westerly line along a non-tangent curve, concave
easterly, having a radius of.543.00 feet, an arc distance
e~ 42.6.6 feat through a central an.gle o~ '~°30'04" to
'the centerline of said 60" wide street; tkence, S.
39'°52'59" W., along said center-linm., a distance" of
297.86 fee~, to ~he point of in~e.rsection with the
southerly prolongation of the easterly right-of-way
line of said Holt Avenue; thence ~r, .0°12'21" W.,
said 'p,rolonga'tio~, a distance of 4.6.59 feet, to..
of be'g~hning- . " -
along
the poin~
EXHIBIT "A"
PARCEL NO. SBE 872-30-97-20 (II)
A portion of the certain land situated in the State of California,
described in Exhibit "B" attached,hereto, described as follows:
County of Orange,
'That portion of lot.9 and the .C.. Avila lot and that portion of
the County Road ('now Newport Avenuo) adjacent to said lot 9 and
the C. Avila lot, of the Vanderlip and Rowan Tract, as per-.map
· recorded in book 5', Page 160, Miscellaneous Records of Los
County, "Cali.fornia, described as follows:
- Beginning at the point of intersection Of the easterly
:~ : · jright-of-way line of Holt Avenue, an 80' wide street,
.- .............. and the northwesterly right-of-way line of the County
. ' '-'." Road (now Ne~,port Avenue), a 60' wide street, as said .
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Angeles
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are shown on said Vanderlip and Rowan Trac
W. ,. alonq, said easterly..riqht-of-way line
along said northwester%y --
.right.-.o f-way lines
%hence, N. 0o12'21"
a distance of 46.59. fee%, to the point of intersection
wi~h a line 30.00 feet northwesterly of as measured a~
right angles from and parallel ~o said northwesterly
right-of-way-line; thence, N. 39o5'2''59'''E., along said
parallel line, a distance of 82.64. feet; thence, S.
59o314'45'' E., a distance of' 30.4.1. feet,.to tho point
of intersection with said northwesterly right-of-way
line; thence,.~. 39o52'59" W.,
righg-of'way line, a d.istance of 12'3.28. feet to .the . -
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poin.~ of beginning.· - '-'-- ' .'
3~5 EXHIBIT
PARCEL NO. SBE 872-30-97-20 (IlI) . '
A portion of the certain land situated 'in the State of California, County of Orange,
described in Exhibit "B" attached hereto, described as follows:
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That portion of lot 9 and the C. Avila lot and that portion of '
· the County Road ('now Newport Avenue) adjacent to said lot 9 and '
.the. C. Av. ila lot, of the Vander!ip and Rowan ~Tract, as per.-map
· re~orded in book 5', page 160, Miscellaneous Records of Los Angeles .
County,"California, described as follows:
Beginning at the point of intersection Of the north
......... ' ..... westerly right-of-way line of the County Road (now
· Newport Avenue), a 60' %vide street, as said right-of-way
' line is shown on said Vanderlip and Rowan Tract and the
easterly line of 'the Orange County Flood Control District
- ' Easement, as per deed recorded in book 5670, page 846
of Official Records of Orange County, Cali.fornia; thence,
.. · N. 39o$2.$9,, E., along said northwesterly right-of-way
' ' line, a distance of 253.40 feet, to the most westerly
· . . . corner of a triangular parcel as described in a deed
· · recorded in book 451, page 294 of Deeds, Records of
· . ' Los Angeles County, Cali'fornia; thence, .N 30°21'37:'
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· ' . E., along the northwesterly line of said triangular
: " parcel, s.aid line being described in said deed as'
". . having a bearing of N. 35o21½' E. and a length of 296.29 ·
· feet, a distance of 203 47 fee.t to the ooint of inter-
· section'with the southwesterly' line of Parcel No. 116.1
'.. ' , as said parcel is described in a deed recorded 'in book 5834'
· . pag~ 764 of Offi'cial Records .of Orange Count~, California;
. thence, S. 45o06.26- E., along said southweste'rly line,.
· , .'. .a distance of 45.74 feet, to the point of intersection
· 'with ~he northwesterly line of Newport Avenue a~ described
' ' '."in a deed recorded in book 279, page 187 .of Deeds,~ . '
· : Records. of said Orange County, said northwes.terly mine '.
being a non-tangent curve, concave southeaster.ly and '
having a radius of 1020.00 feet; thence, southwesterly
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along the arc'of said curve, through a central angle
of 4o29'29", an arc distance of 79.96 feet, to the
point of tangency wi~h a line having a bearing of
S. 31o52'59,, W.; thence, S. 31°52'59" W., continuing
along said northwesterly line, a distance of 3.78' feeb,
to the beginning of a tangent curve, .concave north- ·
westerly and having a radius' of 980.00 fee't; 'thence,
southwes~er'ly, continuing- along said northwesterly
line, an arc distance of 136.83-feet throuah a central
angle of 8o00,00,, ~ '
. , to the point of tangency with the
centerline of the first mentioned County Road (now
Newport Avenue) , a 60' wide street; thence, S. 39°5~,59,,
W., along said centerli~e, a distance of 266.05 feet~
to khe point of. intersection with first mentioned
eastexly line' of the Ora.%ge County Fteod Control
District Easement; thence, N. 0o12,21." W., along said
easterly lin?, a distance of 4~.59 feet', to the point
of beginning ·
EXHIBIT "A"
, ,
PARCEL NO. SBE 872-30-97-20 (IV) 3~6
A portion of the certain land situated in the State of California,
described in Exhibit "B" attached hereto, described as follows:
County of Orange,
Tha~ portion of lot 9 'and the C. Avila lot and that portion of
· .. the County ROad (now Newport Avenue) adjacent to said lot 9 'and
the C. Avila lot, of the. Vanderlip and Rowan .Tract, as per..map
,' 'recorded in book 5, page. 160, btiscellaneo'us Records of Los Angeles
.,_. County, "California, described as. follows: ......... .~:~, _ ...... ~
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a line parallel
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intersection of
Beginning at the .point of
'with and distant easterly 30.3.36 feet, measured at
right angles from the centerline of Holt Avenue
.(80 f~et wide) as shown on map of Vend·flip and Rowan ·
Tract recorded in. book 5, page 160, of Miscellaneous .
Records in the office of the Recorder of the. County
.of .Los Angeles, with the southeasterly line of land, 30'.;.
feet wide, of the Southern Pacific- Company; thence, .- '
north 0°12'21'' west. along said parallel' line, 46.59
feeu to a.point in the northwesterly line of said .
Company's land;.thence, along said northwesterly
line sou=h 39°52'59" west, 115.72 feet to-a point.in
a non-tangent curve, concave easterly, having a radius
of'54-3.00 f&et, a'~ radial line to last said point bears'
sodth 87°25'41" west; thence, southerly along said 'curve
, an arc. distance '-'
-through a central angle of 4030'04": '
of. 42.66 feet to a point 'in the Southeasterly line of
said Company's land; thence, along said southeasterly
line north 39°52'59" eas=, 110.41 f~e~ to ~he poin~ of'.
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· ' beginning ' · '" :' ' "' .... ' """:" ' '"
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'EXttlBIT "B"
PARCEL NOS.. SBE 872-30-9F-20 (I) '
SBE 872-30-9F-20 (III)
SBE 872-30-9F-20 (IV)
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~'~ ' ;'~g~ _ el d ribed herein as follows:
Are puf c~o~s of & ..... p~rc ese
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All,that certain land situated in the State 'of California, County of 0range~ described as
follows:
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A strip of land '30 .... feet"i'n width 'lying.adjacent to and northwesterly of
northwesterly right of way line of the Southern Pacific Railroad, being
more particularly described as follows:
Beginning at a point in the Easterly 'line of Holt AvenUe, an 80 foot street
as shove on' the .map of the Vanderlip ~nd Rowan Tract "recorded in book 5~
page 160, ~.liscellaneous Records of Los Angeles County, California, at
its intersection with the said northwesterly right of way' line of the
Soul, hem Pacific Railroad as conveyed in deed recorded in book 570~ page
288 Records of Los Angeles County: California; thence northerly along the
said easterly line of Holt Aven~e a distance of 46.64 feet; thence north-.
easterly parallel with' and distant 30 feet from measured at right angles
to. the above described northwesterly right of way line of the Southern
Pacific Railroad a distance of 600.73 feet to the northerly line of lands
conveyed, to Raymond C. Barnes and Nile M. Barnes and recorded in book 292~
page 220 'of Deeds, records of Orange County, California; t/%ence Easterly
along the last described hortherly line a distance of 39 o18 feet
to the aforedescribed northwesterly right of way line of the Southern
Pacific Railroad; thence Southwesterly alon~ the said northwesterly righ~
of way line a distance of 661.64 feet to the point' of beginning.
.
EXCEPT/NG T}IEREFRO~4 the following:
Beginning, at the mntersection of a line parallel with and distant easter3~,,
228°36 feet, ~asured at right angles, from the center linc'of' H61k Aver
80.00 feet wide, shown as an unnan~d road, 80 feet wide, on 'said .map wit
thd northwesterly boundary of said 30-foot wide Strip; thence South 0"
12' 21" East along said parallel line, 23.62 feet to the beginning of a
tangent curve concave easterly and having a radi~s of 543.00 feetr thence·
Southerly, along the arc of said curve, 22.42 feet to a point, in the.
' southeasterly boundary of said 30-foot wide strip; ~.hence North 39"
52' 59' East, along said southeasterly boundary, 115.75 feat to a pein~
.in a line parallel with and distant easterly 30~.36 feet, measured at
right angles, from the center tine of said Holt Avenue; thence Nort~
0~ 12' 21" West, along said last ~.entioned parallel line, 46.59 feet to
point in said northwesterly bounda~g; thence So~~ 39" 52' 59" West, alo~'~
said northwesterly boundary~ 11~6.46 fee~ ~o th~ poi~ of begiru~~g.
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EXHIBIT "B"
PARCEL NO. SBE 872-30-9F-20 (II)
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IS a portion of a larger parcel described herein as follows:
All that certain land situated in the State 9f California, County-of Oranse, described
as follows:
7;:at por6ion of Lot '3 and the C Avila :~t o''~ the Vanderlip and
~"~~ in ~he City o= -, '
· · . . .n --,.-~ tn I~ooI: 5, pace 160~.
"isccllana~u., l~e- · .. -
-- '" ~.or¢~= of i~o~ Anqalem, L~.,lifornia and t]~at portion of
. County i(oa~ (n~.~ '~2o,,.;port Avcnu~) adjacenk to said f~t D and t]~a C '
Avila lot an the 'Sou~-~-.~ ·
-... ~..=,.~t~ aa per ~:~ap ahoVc~a~nttonad, da~crzbcd
to tl%:~ Pacific m.~rovomenk Con,pan,!, a Call.~ornma corporation, recordod
and recorded J, ily D, I~D$, tn book 451, paDos"~g4, 304 amd 313 Daed~
and i16.1 doscrib~:d in deed of rtgh~ of ~.~ay to ~h~ C~unty of ~anqe, "'
recorded August 3I, 1961 ~'book 5S34w page 7~4~ Official ~cord~
Oraug~ Co~ky, Califo~i~.
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EXHIBIT "C"
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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 fhat' the K-hole number of the members of the City
Council of' the City of Tustin is five; that the above and
foregoing Resolution No.. 75-76 was duly and regularly
' ' introduced, read, passed and ad~'pt~d at a regular meeting
of the City Council 'held on the~'__15th __~day of~D~qember~._ ....
19 75, by the following vote:
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'AYES' coUNciL~fEN SALTARELLI, WELSH, EDGAR, SHARP
NOES:
COUNCILMEN NONE
.ABSENT:
COUNCIL~N SUTCLIFF i