HomeMy WebLinkAboutCC RES 92-112 $
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RESOLUTION NO. 92-112
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, AUTHORIZING THE
ACQUISITION OF PROPERTY AND THE EXPENDING OF
FUNDS, THEREFORE, IN THE INSTITUTION OF
EMINENT DOMAIN PROCEEDINGS (A PORTION OF
ASSESSORS PARCEL NOS. AP401-521-12 AND AP-401-
521-11 WOOD PROPERTY)
The City Council of the City of Tustin hereby resolve as
follows:
WHEREAS, the acquisition of a portion of Assessors Parcel Nos.
401-521-12 and 401-521-11 are needed for public use, namely to be
utilized for the widening of Yorba Street within the City of
Tustin; and
WHEREAS, state law authorizes the use of eminent domain 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 Code of Civil Procedure Section
1245.235.
THEREFORE BE IT RESOLVED, by the City Council of the City of
Tustin, as follows:
1. Public use.
The Public use to which a portion of Parcels 401-521-12 and
401-521-11 is for the widening of an existing roadway, to wit,
Yorba Street within the City of Tustin.
2. Description of Property and Extent of Property to be Taken.
The property to be taken is described as a portion of
Assessors Parcel Nos. 401-521-12 and 401-521-11 between 1st Street
and Irvine Boulevard and Yorba Street, City of Tustin, more
particularly described in Exhibits A and B attached and
incorporated herein by reference.
3. Statutory Findings.
The City Council makes the following additional findings:
(a) The public interest and necessity require the widening of
Yorba Street to accommodate additional traffic within the City of
Tustin;
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Resolution No. 92-112
Page.2
(b) The proposed project is planned and located in a manner
that will be most compatible with the public good and the least
private injury;
(c) The property described above is necessary for the
proposed road widening of Yorba S~re~t.
(d) A offer of purchase of the property has been made to the
owner of the property pursuant to Government Code Section 7267.2.
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 interest in such property, which
cannot be acquired by negotiation of purchase, to do any and all
other things in connection with such proceedings as in our judgment
may be necessary or convenient to the successful conclusion of said
proceedings.
5. Expenditure Funds.
The City Manager is hereby authorized to expend funds
available to the City for the acquisition of real properties
described herein.
6. Recordinq.
The City Clerk is hereby authorized and directed to record a
certified copy of this Resolution in the Office the County
Recorder, County of Orange.
PASSED AND ADOPTED, at a regular meeting of the City Council
City of Tustin on this 21st day of September, 1992.
for the
ATTEST:
~EgLIE ANNE ~ON~IOOS, Mayor
MARY E.~WYNN, C.~.ty Clerk
(H~3)
Exhibit "A"
APN 401-521-11
The westerly 20.00 feet of the northerly 48.00 feet of Lot 1 in Block "A" of Mountain View
Garden, Tract No. 396, as shown on a map recorded in Book 16, Page 10 of Miscellaneous
Maps, Records of said Orange County.
Excepting that portion thereof described in a deed recorded in Book 465, Page 312 of Deeds,
Records of said Orange County.
Also excepting that portion thereof described in an instrument recorded in Book 905, Page 121
of Official Records, Records of said Orange County.
The above described easement is shown on Exhibit "A" attached hereto and made a part hereof.
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PO~,T~or'q LOT~I 1 ~rq P ~
bi. Pi,
$SE PORTIONS OF LOTS I AND 2 IN BLOC}: A, TRACT NO. 396, AS SHO'-~ ON A M.~P RECORDED IN
~,r ...... =~" M3:PS, OF
DK 16, PAGE i0 OF .,_S~r.~z.~'N~,.uS RECORDS SAiD OP~.YGE COU%'TY DESCRIBED AS
3IN~ING AT Tr.-E SOUTH",,'EST COF.%'r~. OF SAID LOT I; Ti~NCE ALONG WESTEF~Y LiNE OF SAID LOT !,
RTH 00o 10' 30" WEST A D!STA~YCE OF i50.00 FEET TO ~{E INTERSECTION OF SAiD WESTERLY
NE WITIq SOUTheRLY LiNE OF Tw--r NORi"H 48.00 FEET; THENCE ALONG SAID SOUTH--=RLY LINE,
o 46' 30 EAST A DISTANCE OF 20.00 FEET TO A POINT IN THE EASTERLY LINE OF
STERAY 20.00 FEET OF SAID LOT 1; THENCE ALONG SAID =--~STERLY LINE, SOU/iq 00° i0' 30"
ST A DISTANCE OF 76.34 FEET TO TF~ BEGINNING OF A 67.00 FOOT TANGF~NT CURVE, CONCAVE TO
E EAST; /~r~CE SOU~rIF-RLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 30° 03' 00" AK
3 DISTANCE OF 35.14 FEET; Th~CE TANGFA"r TO SAID CURVE, SOb~'TH 30° !3' 30" EAST A
STANCE OF 11.08 FEET TO THE BEGINNING OF A 27.00 FOOT TANGEN~r CURVE, CONCAVE TO TI~
RTI~ST; T.T.T~NCE SOUTHEASTERLY, ALONG SAID CL~VE TI-LROUGH A CENTRAL ANGLE OF 60° 00'
"AN ARC DISTANCE OF 28.27 FEET; TheNCE A_LONG T~iE NORTP~Y LINE OF TI~ SOU~P~Y 17.00
ET OF SAID LOTS 1 AND 2 AND TANGENT TO LAST SAID CURVE NORI~q 89° 46' 30" EAST A
STANCE OF 67.60 FEET TO A POINT IN THE EASTERLY LINE OF SAID LOT 2; TI-~CE ALONG LAST
iD EASTERLY LINE, SOUTH 00° 10' 30" EAST A DISTANCE OF 17.00 FEET TO TIlE SOU~T
P~NER OF SAID LOT 2; TI{ENCE ALONG ~ SOU//4 LINE OF SAID LOTS 1 AND 2, SOUTH 89° 46'
"WEST A DISTANCE OF 125.55 FEET TO THE POlh~r OF BEGINNING.
CEPTING _V~AT PORTION THY_3LEOF DESCRIBED IN A DEED RECORDED IN BOOK 465, PAGE 312 OF
EDS, RECORDS OF SAID ORANGE COUNTY.
SO EXCEPTING THAT PORTION %q-IEREOF DESCRIBED IN A DEED RECORDED IN BOOK 689, PAGE 29~ OF
EDS, RECORDS OF SAID ORANGE COb/~'TY.
SO EXCEPTING THAT PORTION THEREOF DESCRIBED iN AN INSTRUMent RECORDED AUGUST 6, 1937 AS
STRUMENT NO. 23230 IN OFFICIAL RECORDS OF SAID ORANGE COUN~"i~Y.
SO EXCEPTING THAT PORTION TF~_3,EOF DESCRIBED IN kN INSTRb~ RECORDED IN BOOK 10690,
~E 994 OF OFFICIAL RECORDS OF SAiD ORANGE COb~TY.
Iii
.. bo
A Tem~ora-~"_; Construction easement over 133 and 125
Nortk Yorba Street, Assessor's Parcel Nos. 401-521-11
and 401-521-12 for the reconstruction of driveway and/
or parkin9 area and regr_ade and reseed of t~f area
adjacent to new street improvements in conjunction
with the project to widen the eas~side of Yorba Street
between Firs~ Street and Irvine Boulevard.
City of Tustin
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
RESOLUTION NO. 92-112
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 is five; that the above and foregoing
resolution was passed and adopted at a regular meeting of the City Council
held on the 21st day of September, 1992, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER'ABSENT:
Pontious, Potts, Puckett, Saltarelli, Thomas
None
None
None
Mary E. W ,n, Cit Clerk