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HomeMy WebLinkAboutCC RES 770-ARESOLUTION NO. 770-A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, 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, California, does resolve as follows: 1) The City Council hereby finds and determines that the public interest and necessity require the acquisition and immediate possession by the City of Tustin of an easement in, upon, over and across the property hereinafter described, for public purpose, namely for street and highway purposes, and for such other public purposes as may be authorized by law. 2) The City Council hereby finds and determines that the herein described property is necessary for such public LlSe, 3) The City Council hereby finds and determines that such proposed public improvements and use shall be located in the manner which is most compatible with the greatest public good and the least private injury. 4) The City Council hereby finds and determines that such proposed public improvement and use is a more necessary public use than any other public use to which said property is presently being put, and that said proposed public use and improvement will be compatible with any other necessary public use to which the property is presently being put. 5) The City Council hereby authorizes and directs James G. Rourke, City Attorney, to institute eminent domain proceedings in the Superior Court of the State of California, in and. for the County of Orange, for the purpose of acquiring an easement in, upon, over and across the followin~ described property for the aforesaid public uses, and to obtain a Court Order for the taking of possession of said easement. · · 6) That said real property is situated in the County of Oran%e, State of California, that the property sought to be acquired, is described as follows:" All that certain land situated in the State of California, Rancho Santiago de Santa Aha, County of Orange, City of Tustin, described as follows: That portion of Lot 9 of the Vmnderlip and Rowan Tract, as shown on a map thereof recorded in Book 5, page 160. Miscellaneous Reeords of Los ~ngeles County, California, being a strip of land 30 feet in width lying adjacent to and Northwesterly of the Northwesterly right of way line. of the Southern. Pacific Railroad Company a.s described in the deed. recorded. June 27, 1889 in Book .5?0, page 288 of Deeds, records of Los Angeles County, California, and more particularly described, as follows:' Beginning at the intersection of the Easterly line of Holt Avenue (80 feet wide) as shown on said map of the Vanderlip and Rowan Tract with the Northwesterly right of way line of the Southern Pacific Railroad Company, as described in the above-mentioned deed; thence North 0° 22' 0D" West along Easterly. line of Holt Avenue, ~6..59 feet, to a point on a line parallel with and distant thirty said. Northwesterly righ Railroad Company; thenc to a non-tangent curve, a radius of 210.00 feet bears North 47° 55' 48" said curve, through a c distance of 22.07 feet; feet, to said Pacific Rai lro 122,65 feet~ a Southern Pacif (30) feet measured at right angles to t of way line of the Southern Pacific e N'orth 39° ~3' 00" East, 82.6~ feet, concave Northeasterly 8nd having , a radial of said curve to said point East; thence Southeasterly, along entral ~ngle of 6° 01' 16" an arc thence South 88° ~1' 2~": East, 10.2~ Northwesterly right of way line of the Southern ad Com..oany; thence South 39° ~3' 00" West, long said Northwesterly right of way line of the ic Railroad Com..oany, to the po~_nt of beginning. All as more is attached particularly shown on the accompanying map which hereto and m8d'e ~ part hereof. Said real property sought to be condemned is a part of larger parcel of l~.~.d, which is described as follows:~ All thst certain land situated, i~ the State of Rancho Santiago de Santa Ana, County of Orange, described ss follows: California, City of Tustin That portion of Lot 9 of the Vanderlip and Rowan Tract, as shown on a Map recorded in Book _5, page 160 of Miscellaneous. Records of Los Angeles County, California, being ~ strip of 1..~nd 30 feet in width lying adjacent to and Northwesterly of the Northwesterly right of way line of the Southern Pacific Railroad Company as described in the deed recorded June 27, 1889, in Book 570, Page 288 of. Deeds, records of Los ~ngeles County, California, and more particularly described as follows: Beginning at t Avenue, 80 fee Rowan Tract wi Southern Pacif he intersection of the Easterly line of Holt t wide, as shown on the Map of Vanderlip and th the Northwesterly right of way line of the ic Railroad Company as described in the a~ove- one the Easterly line of heasterly along a line 30 feet measured at right angles right of way line of the Southern 600.73 feet, more or less, to the conveyed, to Raymond ~. Barnes 29, 1917, in Book 292, ~age 220 along said Northerly line 39.18 feet right of way line of the Southern thence Southwesterly along said right of way line 661.64 feet, more or less, to beginning. mentioned d Holt Avenue parallel wi to the s8id Pacific Northerly 1 and wife deed. recorded Mya of Deeds; thence Easterly to the said Northwesterly Pacific Railroad Company; Northwesterly the eed; thence Northerly al 46.64 feet; thence Nort th and ,..'.~ istant Northwesterly lroad Comoany, ine of the l la~d point of Excepting therefrom the following: Beginning at the intersection of a line parallel with and Easterly 228.36 feet, measured at right angles, from the line of Holt Avenue, 80.00 feet wi. de, shown as an unnamed road, 80 feet wide, on said. map, wi of said 3© foot wide strip; thence along said. parallel line, 23.62 fee ts.n~ent curve concave Essterly and distant center th the Northwesterly boundary So~th 0° 12' 21" East, t to tBe beginning of a h~vin~ a r~dius of .543.00 feet; thence Southerly, along the arc of said curve, 22.42 feet; to a .~o.i'nt 'in the Southeas'terly boundary of said 30 foot wide strip; thence North 39° .52' 59" East, along said South- easterly boundary 11.5.75 feet to a polnt in a line parallel with snd distant Easter from the center line of West, along said last m a point in said Northwe 59" West, slong said. No point of beginning. ly 303.36 feet, measured at right angles Holt Avenue; thence North 0° 12' 21" entioned parallel line, 46.59 feet to sterly boundary; thence South 39° 52' rthwesterly boundary, 116.46 feet to the 7) The installation of said proposed, publlc lmnrovement 8nd the route and the location of said ~easement will be ss shown on the map attached hereto'; msrked Exh~blt "A" and made a part hereof by this reference. PASSED AND ADOPTED at a regular meeting of the City Councll, held. March 15th, 1965. MAYOR ATTEST :.' CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS 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 members of the City Council of the City of Tustin is five; that the foregoing Resolution was passed and 8do,pted at a regular meeting of the City Council, held on the 15th day of March, 1965, by the following vote: AYES: COUNCILMEN Mack, .Klin~elhofer~ Coco, Mille. r~ Ri..n.g. ....... NOES COUNCILMEN None ABSENT .' COUNCILMEN NONE ,