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RESOLUTION NO. 92-135
A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AUTHORIZING THE ACQUISITION OF A TEMPORARY
CONSTRUCTION EASEMENT AND THE EXPENDING OF FUNDS,
THEREFORE, AND THE INSTITUTION OF EMINENT DOMAIN
PROCEEDINGS (A PORTION OF ASSESSOR'S PARCEL NO. 401-521-
10, CAMPBELL PROPERTY)
WHEREAS, the acquisition of a temporary construction
easement of a portion of Assessor's P'arcel No. 401-521-10 is
needed for public purposes, 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 a temporary construction easement of a
portion 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 Procedures
§1245.235;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER
AS FOLLOWS:
SECTION 1. The public use, to which a portion of
Assessor's Parcel No. 401-521-10 is for the widening of an
existing roadway, to wit: Yorba Street, within the City of
Tustin.
SECTION 2. The property to be leased is described as a
portion of Assessor's Parcel No. 401-521-10, located between
First Street and Irvine Boulevard, City of Tustin, more
particularly described in Exhibit "A", attached and
incorporated herein by reference.
SECTION 3. The City
additional findings:
Council makes the following
a)
The public interest and necessity require the
widening of Yorba Street, to accommodate the
additional traffic within the City of Tustin;
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)
A temporary construction easement of the property
described above is necessary for the propose
widening of Yorba Street;
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Resolution 135, Page 2
d)
An offer to rent a portion of the property has been
made to the owner of the property pursuant to
Government Code §7267.2.
SECTION 4. The City Manager and City Attorney are
authorized and directed to perform all acts necessary on
behalf of the City for the acquisition of a temporary
construction easement, and said City Manager and City Attorney
are further authorized to prepare, institute and prosecute to
conclusion on behalf of the City, and action in eminent
domain, or such proceedings as may be required for the
acquisition of a temporary construction easement of a portion
of the property described herein, to~ do any and all other
things in connection with such proceedings, as in their
judgement may be necessary and convenient to the successful
conclusion of said proceedings.
SECTION 5. The City Manager is hereby authorized to
expend funds available to the City for the acquisition of a
temporary construction easement of the real property described
herein.
SECTION 6. The City Clerk is hereby authorized and
directed to record a certified copy of this resolution in the
office of the County Recorder, County of Orange.
SECTION 7. The California Environmental Quality Act has
been followed in that the City of Tustin has prepared a
negative declaration of this project.
PASSED AND ADOPTED, by the City Council of the City of
Tustin at a regular meeting held on the 16th day of November,
1992.
1~~~ .~~es ie? nne on iou~, 'fi~'~Mayort~-~
ATTEST:
y E. Wynn, City Clerk
EXHIBIT "A"
TEMPORARY CONSTRUCTION EASEMENT
135 N. YORBA STREET (AP #401-521-10)
A temporary construction easement over 135 Yorba Street, Assessor's
Parcel Number 401-521-10 for the reconstruction of driveway,
parking area, walk, planter, regrade and reseed of turf area and
appurtenances adjacent to new street improvements in conjunction
with the project to widen the eastside of Yorba Street between
First Street and Irvine Boulevard described as follows:
The westerly 35.00 feet of Lot 5, 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 Orange County, California.
Excepting that portion described in a deed recorded May 9, 1923 in
Book 465 Page 312 of deeds, records of said Orange County.
Also excepting that portion described in the offer of dedication
recorded September 22, 1982 as document No. 82-333808.
Jo:ktb:T£MP£ASE
City of Tustin
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
ss
RESOLUTION NO. 92-135
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 16th day of November, 1992, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Pontious, Potts, Puckett, Saltarelli, Thomas
None
None
None
E. Wynn, City Clerk