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RESOLUTION NO. 91-90
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA AUTHORIZING THE ACQUISITION OF CERTAIN REAL
PROPERTY AND THE EXPENDING OF FUNDS THEREFOR IN THE
INSTITUTION OF EMINENT DOMAIN PROCEEDINGS (ASSESSORS'S
PARCEL NO. 401-582-02/PERFIT PROPERTY)
WHEREAS the acquisition of Assessor's Parcel No. 401-582-
02, located on the easterly side of Prospect Avenue,
approximately 150' north of North Main Street, within the City
of Tustin, County of Orange, is needed for public use, namely
to be utilized for the possible enlargement/reconstruction of
the Main Street Reservoir, the possible expansion and/or
relocation of the Tustin Water Services Facilities and to
provide a possible location of a replacement of an existing
water well facility on the existing water plant site; and
WHEREAS, state law authorized the eminent domain process
for acquisition of property for the above-stated purposes; and
WHEREAS, notice of an opportunity' to be heard was given
to the property owner pursuant to Cc.de of Civil Procedure
Section 1245.235,
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Tustin, do hereby resolve, determine and order as
follows:
Section 1:
Public Use.
The public use to which Assessor's. Parcel No. 401-582-02
is to be put consists of the enlargement/reconstruction of the
Main Street Reservoir and expansion and relocation of the
Tustin Water Service Facilities 'to accommodate said
reconstruction; the project may also include the possible
replacement of existing water well facilities on the existing
water plant site.
Section 2:
Description of Property and Extent of
Property to be Taken.
The property to be taken in fee simple absolute is
described as Assessor's Parcel No. 401-582-02, more
y described and set forth in Exhibit "A" attached
and incorporated herein by reference.
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Resolution No. 91-90
Page 2
Section 3:
Statutory Findings.
The City Council makes the following additional findings:
a. The public interest and necessity require
the proposed project;
b. The proposes project is planned or located
in the manner that will be most compatible with the
greatest public good and the least private injury;
c. The property described herein is necessary
for the proposed project; and
d. An offer for purchase of Assessor's Parcel
No. 401-582-02 has been made to the owner of the property
pursuant to Government Code Section 7267.2.
Section 4:
Authorization.
The City Manager and City Attorney are authorized and
directed to perform all acts necessary on behalf of the City
for the acquisition of said property and said City Attorney
and City Manager are further authorized to prepare, institute,
and prosecute to conclusion on behalf of the City, an action
in eminent domain or such proceedings as may be required for
the acquisition of the property described herein, or an
linterest in such property, which cannot be acquired by
negotiation or purchase, to do any and all things in
.connection with such proceedings as in their judgement may be
'necessary or convenient to the successful conclusion of said
iproceedings.
Section 5:
Expenditure of Funds.
The City Manager is hereby authorized to expand funds
available to the City for the acquisition of the real property
described herein.
Section 6:
Recording.
The City Clerk and/or City Attorney are hereby authorized
and directed to record a certified copy of this resolution in
the office of the County Recorder, County of Orange.
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Resolution No. 91-90
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Section 7: Certification of Neqative Declaration.
The Negative Declaration for this project is hereby
approved as this document is found to be in conformance
with CEQA and City EIR guidelines.
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Tustin held on the 1st day of
July, 1991.
Charles E. Puckett, Mayor
Mary E.~nn,
City Clerk
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DESCRIPTION
The South 95.00 feet of Lots 1, 2, and 3 in Block 46, in the
City of Tustin, County of Orange, State of California, as
shown on a.map of a part of Tustin, recorded in Book 13, Page
81 of Miscellaneous Records of Los Angeles County, California.
EXHIBIT "A"
City of Tustin
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
RESOLUTION NO. 91-90
Mary E. Wynn, 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. 91-90 was duly and
regularly introduced, passed and adopted at a regular meeting of the
City Council held on the 1st day of July, 1991 by the following vote:
COUNCILMEMBER AYES: Puckett, Pontious, Edgar, Potts
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: Prescott
COUNCILMEMBER ABSENT: None
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Mary E. W n, Cit -Clerk