HomeMy WebLinkAboutORD 678 (1976) 102
ORDINANCE NO. 678
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
2 TUSTIN, CALIFORNIA, APPROVING THE ANNEXATION OF
CERTAIN UNINHABITED TERRITORY, DESIGNATED "WALNUT-
3 NEWPORT-MITCHELL ANNEXATION NO. 93" TO THE CITY
OF TUSTIN, CALIFORNIA.
The City Council of the City of Tus'tin, California,
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does ordain. as follows-: -
~WHEREAS, pursuant to the 'provisions of the Government
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Code of the State of California, application was made to the
8 Local AgenCy Formation Con~mission to annex to the City of Tustin
all that territory situate in the County of Orange, State of
9 California, hereby .designated as "Walnut-Newport-Mitchell Annexati{
No. 93", and described in Exhibit "A" attached hereto and incor-
10 porated herein by this reference as though set forth herein in
full; and
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WHEREAS, 'the Local Agency Formation Commission,- in'
12 session duly assembled, on January 14,11976, did adop.~ the
negative declaration and approve said proposed annexation; and
WHEREAS, the City CoUncil hereby finds and determines
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14 that all of the .territory i3 uninhabited within the meaning of
Government Code Section 35303, and that said territory .is con-
tiguous to .the City of Tustin; and
=- 16 WHEREAS, on the 19th day of January 1976, 'the Council
, of the City of Tustin did pass and adopt Resolution No. 76-7
17 giving notice of the proposal to annex certain uninhabited territ-
ory to the City of Tustin, said. territory being therein desig-
18 nated as "Walnut-Newport-Mitchell Annexation No. 93", said
' Resolution describing the boundstries of the territory proposed
19 to be annexed; and
20 -. WHEREAS, said Resolution contained a notice of the
~ day, hour and place when and where the Council of the City of
2~ Tustin would hear protests made by any person owning real property
within the territory proposed to be annexed, the time of said
22 hearing being prescribed by law,; and
23 WHEREAS, on th.e 1st day of March, 1976, at the hour
of 7:30 o'clock, P.M., in the 'Council Chambers, Centennial at
24 Ma~.n in the' City of Tustin, County of Orange, State of California,
said time and place being the day, _h. our and place fixed in said
25 Resolution for hearing protests to the said annexation~ the
said City Council did hear and pass upon any and all protests
28 made to the' proposed annexation and did 'determine that insuf-
ficient protests had been made by the owners of the privately
27 and publicly owned territory proposed to be annexed as determined
by said legislative body; and
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--- WHEREAS, said territory is contiguous to the City of
29 Tustir~ and is uninhabited territory in the County of Orange; and
30 WHEREAS, the property within the annexed territory
shall be taxed to pay the indebtedness and liability of the City
31 contracted to or existing at the time of annexation
103
I NOW, THEREFORE, the said Council of the City of
Tustin does hereby approve the annexation of the territory
hereinafter described to the City of Tustin, and does hereby
further ordain that said territory be and it is hereby annexed
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to the City of .Tustin.
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That sai~ territory, the annexation of which to the
5 City ~ Tustin is hereby approved~ is all the territory situate,
in. the county of orange, state of California, more particularly
6 described in Exhibit "A" attached hereto and made a part hereof
by this reference. '
That the property within the annexed territory shall
°8 be taxed to pay the indebtedness and liability of the City
contracted to or existing at the time of annexation.
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PASSED ~D ~OPTED at a regular meeting of the City
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Council of the City of Tustin, California, held on the.15th day of March, 1976.
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N~O~ ./
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19 CITY CLE~ '
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lO-z~
LEGAL DESCR~,PT~ON FOR 'F,HE
WALNUT-NEWPORT-MITCHELL ANNEXATION NO.
TO THE CITY OF TUSTiN, CALIFOR. NIA_
P'ARCEL
Beginning at the' point of intersection of the centerlines of Newport
Avenue and Walnut Avenue as shown on a map of Tract No, 5028 recorded
!n Book )78, pages 21 and 22 of Miscellaneous Maps, Records 'of Orange
County, California;
Thence S'. 50°00'46'' E., along the centerllne of Walnut Avenue, a
all-stance 660.69 feet to the n'ortherly corner of said Tract No. 5028,
said corner bei.ng the true point of beginnlng..
Thence, S. 39°59'47'' W.', along. the northwesterly boundary of said
Tract Not 5028, a distanca of 660;~5. feet to an angle point' in the
existing City of Tustin boundary as established by the Newport Avenue-
Myrtle Avenue Annexation, per Ordinance No.. 378, passed and adopted
December 18, 1967;
Thence, leaving said northwesterly boundary, along the existing C.ity
of Tustin boundary, as established by the previously mentioned Newport
Avenue--Myrtle Avenue Annexation and the McFadden-Newport Annexation,
per Ordinance No. 170, passed and adopted March 19, 1962,through the
fol lowing courses:
N. 50°00'56'' W., a distance.of 710-73 feet;
ThenCam N- 40°00'00'' E., a distance of 700.38 feet;
Thence', S. 50°00'46'' E., a distance of ,710.69 feet to the point of
intersection with the northeasterly prolongation of the northwesterly
.boundary of said Tract No. 5028;
Tiience, leaving the existing City of Tustin boundary, J. 39o59'47"
W., along said prolongation, a distance of 40.00 feet to the true
~oi ~ of beg inn i ng. .
PARCEL "B"
'Beginning at an angle point in the existing City of Tustln boundary
as established by the Pankey Annexation per Ordinance Ho. 99, passed
and a~opted April 23, 1956, said angle point also being a point on
the northwesterly line of Block 11 of !rvine's Subdivision, as per
map recorded in Book 1, page 88 of Miscellaneous Maps, Records of
~ o4
Orange County, California; said angle point being distant S. )9 9'40"'
W., 787-6 feet ~ore or less from the northerly corner of said Block 11;
Thence, leaving said northwesterly llne of Block !1, along the existing
City of 'Tustin boundary per above mentioned Pan~ey Annexation through.
the following courses:
S, 50010'30" E., a distance of 40.00 feet;..
.Thence, S. 39 9'30" W., a distance .of 499.40 feet;
Thence, S. 5.0°09'30'' E., a distance of 96.01' feet to an angle point
in said City of Tustin boundary, said angle point also being the most
westerly corner of Tract No. 1863, as per'map. recorded in Book
p'age 20 of Miscellaneous Maps, Records of said Orange County;
Thencam l~aving the existing City of Tustin boundary, S. 39°50~30
W., along the southwesterly prolongation o'f the most northwesterly
boundary of said Tract' NO. 1863~ a alLstance of 33.00 feet to the
point of intersection with the exlsti'ng centerline of Mitchell'Avenue,
said point also being on the northeasterly llne of lot 48, Block
of said lrvine's Subdivision;
Thencam o!ong the exlstlng centerllne of Mitchell Avenue and along
said northeasterly line of lot 48, S. 50°09'30'' E., a distance of
I'13-98 feet to the point of Intersection with the northeasterly
-1-
LEGAL DESCRIPT~O~'~ FOR THE
WALNUT-NEWPOR'F-,'~.|TCHELL ANNEXATION NO. 93
TO THE CITY OF TUSTIN CALIFORNIA
105 ( CONT I hUE
prolongation of the northwesterly boundary of Tract No. 5271, as per
map recorded in Book 194, pages 14 and 15 of Misce.llaneous Maps,
Records of s,aid Orange County;
Thence, leaving said cen~:erll,e of Hitcheli Avenue and said north-
easterly line of lot 48, S. 39 5 '30" W , along said prolongation o 0 .
and said northwesterly bounda.ry of Tract No. 527'l, a distance of
335.04 feet to the-westerly corner of said Tract No. 5271, said
Hastefly corner also being a point on the existing Ci-.ty of Tustin
boundary as established by the Fredricks Annexation per Or, d~nance
No. 337, passed and adopted February 6, 1967;
Thence, along the 'existing' Ci'ty of Tustin boundary per abc~ve mentioned
Fredricks Annexation and the .Mcfadden-Newport Annexation per Ordinance
-No. 170, passed and adopted March 19, 1962, through the following
courses:
N. 49°~0'46'' W., a distance of 250.02 feet;
The'nce, S. 39°49'30'' W., a distance of. 329.05 feet;
- Thence, S. 50°10'10'' E., a distance of 50.-00 feet;
' Thence, S. 39°49'30'' W., a distance of 60.8~ feet;
Thence~ S. 89°28'.51;' W., a distance of 641.54 feet;
-- Thence, N. 00°-31'09'' W., a distance of 40.00 feet to a point on the
-existing centerline of Mcfadden Avenue, said point also being 'the
. southeast corne'r of Tract No. 4250, as per map r. ecorded in Book i5l,.
pages 15 and 16 of Miscellaneous Maps, Records of said_Orange County;
.... Thence, along said centerline of Mcfadden Avenue, N 9 51" E., a
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· distance of 487.07 feet to a 'point, said point being distant S.
' 8~°28~51'' W., a distance of 122.02 feet from the intersection of
the centerlines of Mcfadden Avenue and Newport Avenue, said centerline-
-intersection being the southeast corner o'f the allotment of N. O.
Stafford and C. Tustin by final decree in the partition of the Rancho
- Santiago de Santa Ana, which was entered September 12, 1868 in Book
B, page 410 of Ju~lgments of the District Court of the 17th Judicial
District in and for Los Angeles County, California;
.Thence, leaving said centerline of Mcfadden Avenue, N. 00°31'O~'' W.,
a distance of 4b.00 feet to a point, said point being the point of
intersection of the northerly right of way line of Mcfadden Avenue
(180 feet-wide) and the southwesterly line of a parcel of land described
in an ;-~'~Yi:.'idavlt-Death--~'6'F Joint T6nant recordad in Book 727~, page.
480 of Deeds, Official Records of said Orange County;
Thence, N. 50°10'30'' W., along said southwesterly line, a all'stance
of 121.I0 feet to the westerly corner of said parcel of land;
Thence, N. 39°49'30'' E., along the northwesterly line of said parcel
of land and along the northwesterly line of those parcels described
~n the following deeds, recorded in Book 7846., page 923; Book 6872,
page 707; Book 7648, page 482; Book 11544, page 877; Book '1188, page
385; and Book 11407, page-683, of Deeds, Official Records of said
Orange County, a distance of 574.00 feet to the northerly corner of
last mentlbned parcel of land, said northerly corner also being the
westerly corner of Parcel'2 of a 'Re'c. or'd 'Of S.brve.y 'fi l'ed 'in Book-
' ' ' . -75, p~,ge
~5 Of ReCord Of Surveys~ 'Rec6rds[df"said-OFange.:County; ' ' '
Thence, S. 50°.]O'30'' E., a]ong the northeasterly line of last mentioned
parcel of land and el'ong the southwesterly line of said Parcel 2, a
distance of 50.00 feet to the southerly corner of said Parcel 2, said
southerly corner also being the westerly corner of Parcel I of said
Recora 6f.'Survey;
-2-
LEGAL DESCRIPTION FOR THE
WALNUT-NEWRORT-MIT'CHELL A~I~IEXATION HO. ~3 106
TO THE C I TY OF TUST I ,~l, CALI FORN I A
"(CONT I NUE'E~)
Thence, leaving said northeasterly line and said southwesterly
line, N. 39o49'30" E., along the southeasterly line of said Parcel 2
and along the northwesterly line of said Parcel 1 and the northeasterly
prolongation thereof, a distance of 185.55 feet to the point of
intersection with the centerline of Hitcheli Avenue~
Thence, ~. 50°10' 30" W. , along the centerl ine of Mi tchel 1 Avenue,
a distance of 14.O0 feet to the point of intersection with the south-
westerly prolongation of the northwesterly l in.e of lots 1 and 2 of
Tract No. 519, as per n~ap recorded in Book'17, page 50 Of,M.i,scellaneous
Maps, Records of said Orange County;
Thence, leaving sa-id cente. rline of Mitchell AVenue, N. 39°~9'30'' E.,
along said prolongation and said northwesterly line, a distance of
300-77 feet to the northerly corner of said lot 2;
Thence, S. 49o39'40'' E., along the northeasterly line of said lot 2,
a distance of 4.00 feet to the westerly corner of the parcel of
land as shown on a map filled in Book 65, page 6 of Record of Surveys,
I~ecords of said Orange County;
Thence, N. 39.°49'30'' E., along'the northwesterly line of s'aid Record
of Survey, a distance of 95..43 feet to the point of intersection with
t'ne southwesterly 1 ine of lot 2 of the Newport Avenue Tract as per map
reco'rded in Book 4, page 76 of Miscellaneo. us Maps, l~ecords of said
Orange County;'
Thence, N. 49°51'08'' W., along said southwesterly line, a distance
of 181.04 feet to the westerly corner of said lot 2;
T.~..enc~, S. 89o56'.15'' E., along the northerly llne of lots 2 and I of
said Newport Avenue Tract, a distance of 380.06 feet t6 the poTnt
of intersection with the original City of Tustin boundar~ as established
by incorporation dated September 19, 1927;
Thence, S. 00o13'30'' E., along said original City of Tustin boundary,
a distance of 139-97 feet to the point. of beginning.
107
STATE OF CALIFOp~NIA.~
COUNTY OF ORANGE ) SS ·.
CITY OF TUSTiN )
RUTH ~. 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 above and foregoing
Ordinance No. 67~ was duly and 'regut'arly introduced and
read at a regular meeting of the City Council held'on the
1st day of March , 1975 and was given its second reading
and duly passed and adopted as an
emergency, urgency measure
at a regular meeting held on the 15t~ da~ of March
1975, by the following vote:
AYES: COUNCILMEN: EDGAR, SALTARELLI, SHARP, WELSH, SCHUSTER
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: NONE
o City Clerk, City'of Tustin~ California