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HomeMy WebLinkAboutCC RES 71-59RESOLUTION NO. 71-59 A RESOLUTION DECLARING THAT PROCEEDINGS HAVE BEEN INITIATED BY THE CITY COUNCIL OF THE CITY OF TUSTIN TO ANNEX TO SAID CITY CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN, AND DESIGNATED AS "NISSON-RED HILL- MITCHELL ANNEXATION NO. 72" TO THE CITY OF TUSTIN, AND GIVING NOTICE OF THE PROPOSED ANNEXATION. .. BE IT RESOLVED BY THE coUNcIL OF THE CITY OF TUSTIN: 1. That, pursuant to the~'· provisions of the Annexation of Uninhabited Territory Act of 1·9.3·'9', proceedings have been initiated by the Council of the City. of Tustin, on its own motion, to annex to the City of Tustin all that uninhabited territory situate in the County of Orange, State .of California, hereby designated as "Nisson-Red Hill- Mitchell Annexation .No. 72" described in Exhibit A, attached hereto, and incorporated herein by this reference as though set forth hereat in full.. 2. That the City Council:hereby finds and determines that all of said territory is uninhab~ited within' the meaning of Government Code Section · . 35303, on the date. of the adoption of this Resolution, that said territory is contiguous to the City' of TuStin.·! 1~ · ...3. 'Tha~ the City Council Of the City of Tustin desires to annex said uninhabited territory to the City of Tustin for the following reasons: ~ That the territory is contiguous to t'he City of Tustin, and its proposed annexation will contribute to and facilitate the orderly growth and 14 development of both the City and the 'territory proposed to be annexed; will facilitate and contribute to the'·proper and orderly layout,design ~5 and construction of streets, gutters, · sidewalks, sanitary and storm water sewers and drainage facilities, both within the City and within the territory proposed ~6 to be annexed; and will provide and facilitate 'proper over-all planning and zoning' .of lands, and subdivision of lands in said City and said uninhabited 1~ territory, in a manner most conduciVe to the welfare of said City and uninhabited territory. '~ . 4. That the ' Local Agency Formation Commission did, in session duly 19 assembled, on September 8, 1971, approve said 'proposed annexation. · 2O 5. That November 1, 1971, at the hour of 7:30 P.M. in the Coundil Chambers., .275 South "C" Street (corner'of Third Street), City of Tustin, County of Orange, State of California, is hereby fixed as the time and place when and where' any person owning real property within the uninhabited territory above described and proposed·to ·be annexed to the City of Tustin, and having any objections to the proposed annexation,, may appear before the Council Of the Cit. y of Tustin, and' show' cause why such uninhabited ·territory should not be so annexed to said City of Tustin; such protests must be in writing,'"and may be filed at any time prior to the final adjournment of the hearing on protests, and shall state the name or names of the owners of the property ...affected, and the street address or other description of the property sufficient to identify it on the last equalized assessment roll. · 6. That the City Clerk of· the City of Tustin is hereby authorized and directed to cause a copy of this Resolution to be published at l~ast twice, but. not oftener than .once a week,il in the Tustin News, a newspaper of general circulation published in said city ·of Tustin, the City to which it is'proposed to annex the aforesaid, territory, and also in .the Santa Aha Register, ·a newspaper of general circulation published outside the City of Tustin,~.. but in the County of Orange, California, the County in which is located the territory proposed to be annexed ·· to the City of Tustin. :. , ~ 4 5 6 ? 8 9 10 12 13 14 15 16 17 18 19 20 21 25 24 25 27 28 29 5O 51 52 .. 7. The City Clerk is further authorized and directed to cause ' , written notice of such proposed annexation to be mailed to each person to whom land within the territory proposed to be annexed, is assessed in' the last equalized County assessment roll available on the date the above said proceedings were initiated, at the addresses shown.., on said assessment roll or known to the Clerk, and to any person who has filed his name and address and the designation of the lands in which he has an interest, either leagal or equitabl~ wi~. the Clerk. . 8. In the event any land within the territory proposed to be annexed is owned by the County, the City.Clerk is directed to cause a written notice of s.uch proposed annexation to be mailed to the Board of Supervisors of the County. 9. In the eventthere, is', upon the land proposed to be annexed, a structural improvement, owned, being acquired, or leased by the County fire protection district t the said Clerk is directed to cause a written notice of such proposed annexation to be mailed to the governing body of such dis'trict.' 10.. The-City Clerk is directed to cause written notice to be given to such other persons as may be legally entitled thereto, in the manner re'quired by law. PASSED AND ADOPTED at a meeting of the City Council of City of Tustin held on the 20th day of September , 1971 ,l , ' . ~AYOR ATTEST: LEGAL DESCRIPTION FOR TIIE NISSON-RED I[ILL,MITC~ELL ANNEXATION NO. 72 ,..~ .... .~ i~.' TO THE CITY OF TUSTIN, CALIFORNIA ~: ...... ~..~..~. Beginning at the point of intersection of the centerlfnes of Red Hill Avenue and Mitchell Avenue, said point of intersection being the most · .westerly corner of Lot 35, Blodk 11, irvines Subdivisions.: as per map · . recorded in'~ Book 1, Page 88 of Miscellaneous Maps, Records of Orange County, California,' and also being an. angle point in the existing boundary of the City of Tustin, California, as established by'the Red Hill Avenue-Mitchell Avenue North Annexation, per Ordinance No. 432, passed and adoPted ~'~4ay 19, 1969, said angle point being, the most southerly corner of said ~nnexation;. '. Thence, leaving' said City of Tustin boundary, S. 49o40'18" E., along the centerline of Mitchell Avenue and along the southwesterly line of said Lot. 35; a distance of 173.00" feet, to an angle point in the Westerly boundary of'Tract No. 39 35, as per map 'rec6.rded in Book 153, Pages 16 and 17 of Miscellaneous Maps, Records .of. said Orange County; . Thence, N. 40o20'32'' E., along the westerly boundary of said Tract No. 3935, a distance of 133.00 feet,:to an angle point in said westerly boundary; Thence, N. 49°40'18'' W., along sa~d westerly boundary, a distance of 13.00 feet,, to t~e most southe, rly .corner of Lot 3 of said Tract No. 3935; Thence, N. 40 20'32" E., along the southeasterly line of Lots 3, 2 and I of said Tract .No. 3.9 35, a distance "of 196.9.1 feet, to the most easterly corner of said Lot 1, said .most easterly corner also being a point on the northeasterly bounda~"~ of said Tract 'No. 39 35; Thence, S. 49°40'58'' E., along the northeasterly boundary, of said Tract No. 3935, a~distance of 500.43 feet, :'to the most easterly corner of said Tract No. 39 35; Thence, N. 40o20'47'' E., along the northeasterly extension of the southeasterly boundary of said TractNo 3935, a distance of 329.78 feet, to the most '.souther}y '~rner of parcel ~ of a Parcel Map recorded in Book 1, Page 21 of Parcel Maps, Records of said Orange County; Thence, N. 49°40'58'' W., along the southwesterly line of said Parcel 2, · "~ distance 'of 460.45 feet, to the most westerly corner of said Parcel 2; Thence, N. 40°20'32" E.,. along the: northwesterl~ line of said Parcel ., a distance of 269.05 feet, to the. most northerly Corner of said Parcel 2, said corner also being a point on the southerly right-of-way line of Nisson Road (56' wide), and a point o'n a non-tangent curve, concave northerly and having a radius of 528:'.00 feet, a radial line to · said point be.ars S. 35o29'51" W.; .. Thence, N. 35o29'51" E., along said radial line, a distance of 56.0~ feet, to the intersection with the.northerly right-of-way line of said Nisson Road,' said point of intersection also being a point on the existing boundary of said City of Tus'tin, as established by the Red Hill Avenue-Santa Ana Freeway South Annexation, per Resolution No. 982, passed and adopted February 17, 1969, and a point on a non-tangent curve, concave northerly and having a radius., of 472.00 feet, a radial line to said point bears S. 35o2R'51" W.; , Thence, ailong the arc of said curve' and along said City boundary, through a central angle of 4o50'21" . , a distance of 39 87 feet to the point of .tangenc~ with a line having a bearing of N. 49o39 '48" W.; Thence, N:. 49u39'48'' W., along said tangent line and continuing along said City boUndary, a ~istance of 188'%46 feet, to an angle point in said City bound "',~~t' said angle point being' a point on the southeasterly boundary o he Pankey Annexation to said City of Tustin, per Ordinance ' No. 99, passed, and adopted April 23, 195.6; · , Thence, S- 40°20'32" W., continuing 'along. said City boundary, as · '"~stablished by' last mentioned annexation, a distance of 73 feet more or .ess, to an angle point in said City boundary, said angle point being a _oint on the northeasterly boundary of first mentioned Red Hill Avenue- Mitchell Avenue North Annexation; ~ · ~. . Thence, S, 49039'28" E., continuing 'along said City boundary, as established by last mentioned annexat..ion, a distance of 33.00 feet, to an angle 'POint in said City boundary,.?, said angle point also being a point on the centerline of Red Hill Avenue;~ Thence, S:."40o20'32" W., continuin'g along said City. boundary, a d/stance of 910.28 feet, to the point.~ of beginning. · . ...... I ......... lJlll _ ! ~ "' ~i ii i ii I I .......... STATE OF CALIFORNIA) COUNTY OF OPQ%NGE ) SS CITY OF TUSTIN ) · · o 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 members of the City Council of the City of Tustin is five,; that the above and foregoing Resolution No. 71-59' was duly and regularly introduced, read, passed and adopted at ..... a regular meeting of the City Council held on the 20th day of SeD.t..e.mber . . .... , 1971__, by the following vote: AYES: NOES: ABSENT: · , COUNCILMEN_coco,. .C, 'MILLER,.. .MA.. RSTERS,~ _L.;_ MILLER~, OSTER .. . · COUNCILI~N NONE · ...... __~, , , ............. · i COUNCILMEN NDNE . · . ~ity Clerk~~City of Tust~'n~"' Ca-iifornia --