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RESOLUTION NO. 92-136
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 ASSESSOR'S
PARCEL NO. 401-521-01, JECHART PROPERTY)
WHEREAS, the acquisition of a portion of Assessor's
Parcel No. 401-521-01 (Lot 23, Block A, Tract 396) is 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 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. 401-521-01 is for the widening of an
existing roadway, to wit: Yorba Street, within the City of
Tustin.
SECTION 2. The property to be taken is described as a
portion of Assessor's Parcel No. 401-521-01, 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 Council makes the following
additional findings:
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) The property described above is necessary for the
proposed widening of Yorba Street;
d) An offer for purchase of the right-of-way has been
made to the owner of the property pursuant to Government Code
§7267.2.
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Resolution 92-136, Page 2
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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 the right-of-way,
and said City Manager and City Attorney 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 for the property described
herein, or an interest in said property, which cannot be
acquired by negotiation, 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 real
properties 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 for this project.
PASSED AND ADOPTED, at a regular meeting of the City
Council for the City of Tustin on this 16th day of November,
1992.
Leslie Anne Pontious, Mayor
ATTEST:
~J~ary E. Wynn, City Clerk
EXIfIB1T A
APN 401-521-01
Tt{E WESTERLY 20.00 FEET OF LOT 23 IN BLOCK "A" OF TRACT 396,
MOUNTAIN VIEW GARDEN, AS SHOWN ON A MAP RECORDED IN BOOK 16, PAGE
10 OF MISCELLANEOUS MAPS, RECORDS OF SA1D ORANGE COUNTY.
EXCEPTING THAT PORTION TI[EREOF DESCRIBED IN A DEED RECORDED IN BOOK
465 PAGE 312 OF DEED, RECORD$OF SAID COUNTY.
City of Tustin
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
ss
RESOLUTION NO. 92-136
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
,_~ry E. Wynn, City Clerk