HomeMy WebLinkAboutCC RES 73-31
RESOLUTION NO. 73-31
A RESOLUTION OF THE CITY COUNCL OF THE CITY
OF TUSTIN, FINDING AND DETERMINING THAT THE
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 hereby, resolves .
1. The City Councii finds and· determines that public
interest and necessity, require the acquisition by the City of
Tustin of a perpetual easement and right-of-way for street and
highway purposes, in, on, under, over, through and across that
certain property located in the City of Tustin, County of Orange,
State of California, more particularly described in Exhibit "A"
attached hereto and incorporated herein by this reference as
though set forth herein in full, for a public purpose, naraely, for
public street and highway purposes and for such other public uses
as may be authorized by law. The aforesaid property is a part of
a larger parcel which is more particularly described in Exhibit
"B" attached hereto and incorporated herein by this reference as
though set forth herein in full. The acquisition of the aforesaid
interest in real property is necessary for the widening of First
Street in the City of Tustin. The location -and general route
of said street and highway is, insofar as involved in this pro-
ceeding, as. shown on Maps attached hereto and by this reference
made a part hereof~ mark ed Exhibit C.
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2. The City Council finds and determines that the
said property is necessary for 'such public use.
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· ' 3.. The City Council finds and determines that such
proposed public improvement and use will be located in a manner
which is most compatible with the greatest public good and the
leas.t' private injury.
· 4. The City Council hereby authorizes and directs
the City Attorney, James 'G. Rourke, to institute eminent domain.
proceedings in the Superior Court of the State of California, for
the County of Orange, for the purpose of acquiring a perpetual
easement and right-of-way for street and highway purposes in, on,
under, over, through and across the aforedescribed property, for
the public uses hereinabove described and to obtain immediate
possession off, aid easement and right-of-way.
PASSED AND ADOPTED at a regular meeting of the City
Council, held on the 16th day of April, 1973.
ATTEST: .
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JGR:rg 4-11-73
Pi%ese II, Parcel b Mullin
86 i
That portion of the 148 acre parcel of land allotted to Theodocio Yorba
in Decree of Partition of the Rancho Santiago De Santa Ana, recorded in
Book B of Judgments of the 17th Judicial District Court of Cali~orni'a
described as follows:
Beginning at the Southeast corner of Lot 3 in Block "C" of Tract No. 336.
as per map recorded in Book 14, page 51 of ~iscellaneous Maps, records of
Orange County, California; thence, Easterly, along a line parallel with
and 33.00 feet North, measured at right angles, from the centerline of
First Street, as said centerline is shown on said map of Tract No. 338,
a-distance of 181 feet more or less, to the intersection with the East-
'erly line o~ that certain parcel of land described in a deed recorded
in Book 7~9, pa~e 953, of Deeds, Official Records of said Orange County;
thence Northerly along said Easterly line to the intersection with a
line parallel with and 50.00 feet North, measured at right angles, from
said First Street centerline; thence Westerly along last mentioned
parallel line, a distance of 181 ~eet, more or less, to the intersection
with the Easterly line of said Tract No. 338; thence Southerly along said
Easterly line ~o ~he point of beginning. , '
87
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Th. at portion of the ld8 acre parcel of .land allotted to
Yorba in Decree of Partition of the Rancho Santiago De Santa
Ana, Recorded in' Book 8 o~ Judgments of the'17th judicial District
Court of California, in the City o~ Tustin,. County o.~ Orange,
State of California, described as follows ....
Beginning at the Southeast Corner of the land conveyed to H. J.
Kimmel by Doed recorded May 24, 1904, in B0~ok 104, Page 122 of
Deeds, records of said Orange County; thence East 181.00 feet
the center line of First Street, as shown on a Map of Tustin City
recorded, in Book 4, Pa~es 21~ and 219 of Miscellaneous Records o~
Los Angeles COunty, California, to tko Northerly prolongation of tko
· ,'/est line o~ D street as sho~.m on s~id Map of Tustin City; thence
North 330.00 feet along the said northerly prolongation o~ tke
West line of D Street; thence westerly 181.00' feet parallel with said
center line o:fi First street to the ~ast line of said H. J. Kimmel
land; thence southerly along said Eas~ line to ~he poin~ o~
~eginning.
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COU:~TY OF ORANGE ) SS'
CIT f OF TUSTIN
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.RUT1{ 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 members of the City
Council of the City of Tustin is five ; that the above and
foregoing Resolution No. 73-31 was duly and regularly
introduced, read, passed and adopted at a regular meeting
of the City Council held on the 16th day of April
1973, by the following vote- .
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AYES: COUNCILMEN
. NOES: COUNCILMEN .
ABSENT: COUNCILMEN WELSH ----__
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