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Home My WebLink AboutCC RES 02-099 RESOLUTION NO. 02-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE ACQUISITION OF A PORTION OF ASSESSOR'S PARCEL NOS. 430-261-17 AND 430-263-02 WAS CONSIDERED IN THE FINAL ENVIRONMENTAL DETERMINATION FOR THE EDINGER AVENUE (SMART STREET) WIDENING PROJECT (CIP NO. 7147) AND AUTHORIZING THE CITY CLERK TO ACCEPT THE EASEMENT DEEDS The City Council of the City of Tustin hereby resolves as follows: WHEREAS, the acquisition of a portion of Assessor's Parcel Nos. 430-261-17 and 430-263-02 is needed for public use, namely to be utilized for the Edinger Avenue (Smart Street) Widening Project within the City of Tustin; and WHEREAS, on April 16, 2001, the Tustin City Council certified that the Final Mitigated Negative Declaration as adequately addressing the environmental effects of the Edinger Avenue (Smart Street) Widening Project; and WHEREAS, the acquisition of property, including a portion of Assessor's Parcel Nos. 430-261-17 and 430-263-02 was considered in the Final Mitigated Negative Declaration; and WHEREAS, State law authorizes the City to acquire the property for the above stated purpose; and WHEREAS, the owner of Assessor's Parcel NOs. 430-261-17 and 430-263- 02 will execute Easement Deeds granting the City of Tustin an easement and right-of-way to construct the Edinger Avenue (Smart Street) Widening Project. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Tustin, as follows: 1. ENVIRONMENTAL FINDING The City Council of the City of Tustin finds that the effects of the proposed acquisition were considered in the Final Mitigated Negative Declaration and that no additional environmental review is required. 2. PUBLIC USE The public use to which a portion of Assessor's Parcel Nos. 430-261- 17 and 430-263-02 is needed for the widening of an existing roadway to wit, Edinger Avenue within the City of Tustin. Resolution No. 02-99 Page 2 3. DESCRIPTION OF PROPERTY AND EXTENT OF PROPERTY TO BE ACQUIRED The property to be acquired is described as a portion of Assessor's Parcel Nos. 430-261-17 and 430-263-02 and each is more particularly described in Exhibit A, Legal Description and Exhibit B, Sketch To Accompany A Legal Description attached and incorporated herein by reference. The form of Easement Deed is attached as Exhibit C. 4. STATUTORY FINDING The City Council makes the following additional findings: a. The public interest and necessity require the widening of Edinger Avenue to accommodate 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 road widening of Edinger Avenue. d. An offer of purchase of the property has been made to the owner of the property pursuant to Government Code Section 7267. 5. AUTHORIZATION Upon submittal of the executed Easement Deeds by Burlington Northern and Santa Fe Railway Company, the City Clerk is hereby authorized to accept, on behalf of the City, the executed Easement Deeds and 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. 6. EXPENDITURE OF FUNDS The City Manager is hereby authorized to expend funds available to the City for the acquisition of real property described herein. -Resolution No. 02-99 Page 3 7. RECORDING The City Clerk is hereby authorized and directed to record a certified copy of this resolution at the Office of the County Recorder, County of Orange. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 16th of December 2002. Mayor ATTEST: Clerk City of Tustin RESOLUTION CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS CITY OF TUSTIN ) RESOLUTION NO. 02-99 I, PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, hereby certifies that the whole number of the members of the City Council of the City of Tustin is five; and that the above and foregoing Resolution No. 02- 99 was adopted at a regular meeting of the City Council held on the 16th day of December, 2002, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Thomas, Worley, Bone, Davert, Kawashima None None None RBF-CONSULTING 14725 Alton Parkway Irvine, California 92618 EXHIBIT -"A" LEGAL DESCRIPTION Revised June 5, 2002 August 31, 1999 JN 10-034145.16 Page 1 of 1 EDINGER AVENUE PARCEL 10006 (THE BURLINGTON NORTHERN AND SANTA FE RAIL COMPANY) That certain parcel of land situated in the City of Tustin, County of Orange, State of California, being that portion of Lot 166, Block 10 of Irvine's Subdivision_as shown on a map thereof filed in Book 1, Page 88-of Miscellaneous Records Maps in the Office of the CountY Recorder of said Orange County, described ~as follows: That portion of that certain 30.00 .foot {9.144 meters) wide strip, of land described in the Grant Deed tO The Atchison, Topeka and Santa Fe Railway Company recorded, August 15, 1963 in Book 6677, Page 549 of Official Records in said Office of the Orange County Recorder, bounded northeasterly by a line parallel .with and 4.572 meters northeasterly of the northeasterly line of Parcel 2 as described in the Easement to the City of Tustin recorded February 18, 1972 in Book-10008, Page 76 of Official Records in said Office of the Orange County Recorder and bounded southwesterly by said northeasterly line of Parcel 2. CONTAINING: 43.063 square meters, more or less. Unless otherwise noted, all bearings and distances in this description are metric ground based on the California Coordinate System, {CCC83} Zone VI NAD 1983 {1991.35 O.C.S. GPS Adjustment} SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached and by this reference made a part hereof. Gregory A. Helmer, L.S. 5134 Valid 6/30/03 Through/,// SCALE= 1:500 OT -_/~ / LoT ,O'.O~ ,% EXHIBIT 'B' SKE'I'~'N TO AC¢OI~P,4NY ,4 LEGAL DESCRIPTION fOR EDINGER AVENUE PARCEL 10006 (THE BURLINGTON NORTHERN AND SANTA rE RAIL CO.,} CONTAINING 45.065 SOUARE ~IETERS :~ SHEET I OF I SHEETS 1472~ AL.TON PAFICWAY I=lVlf,. C, ALFCX~ 92ele-2027 r't..nNSULTIN~ ~e.472.3505 · ~AX ~49~472.a373 · mJ~.com REV. ~ 5, 2002 AI.16~T $1, 199£ J.N. 10-034145-08 I-t ~ ~RP51PDA TA 1341451DII'~E)OqlBITS~ 14..~_.X008 . RBF-CONSULTING 14725 Alton Parkway Irvine, California 92618 EXHIBIT "A" Revised June 5, 2002 Aunt 31, 1999 · 1N 10-034145.15 Page 1 of 1 LEGAL DESCRIPTION EDINGER 'AVENUE PARCEL 10006. l (THE ATCHISON, TOPEKA ANO SANTA FE RAZLNAY COMPANY) That certain parcel of land situated in the City of Tustin, County of Orange, State of California, being that portion of Lot 66, Block 10 of*Irvine's Subdivision as shown on a map thereof filed in Book 1~, Page 88 of Miscellaneous Records Maps in the Office of the County Recorder of said Orange County, described as follows: That portion of that Certain 34.00 foot (10.363 meters) wide strip of land described in the Grant Deed to The Atchison, Topeka and Santa Fe Railway Company recorded August 15, 1963, in Book 6677, Page 549 of Official Records in said Office of the .Orange County Recorder, bounded southwesterly by a line parallel with and 4.572 meters southwesterly of the southwesterly line of Parcel 3 as described in the Easement to the City of Tustin recorded February 18, 1972, in Book 10008, Page 76.of Official Records in said Office of the Orange County Recorder, and bounded northeasterly by said Southwesterly line of Parcel 3. CONTAINING: 47.380 square meters, more or less. Unless otherwise noted, all bearings and distances in this description are metric ground based on the California Coordinate System, {CCC83) Zone VI NAD 1983 {1991.35 O.C.S. GPS Adjustment} SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Records. EXHIBIT. "B" attached and.by this reference made a part hereof. Gregory A. Helmer,~ L.S. 5134 SCALE= 1:500 EXHIBIT SKETCH TO ACCObIPANY A LEGAL DESCRIPTION FOR J~ I.,/J./\J~ ~ j l./J~JC~J~J / J/Do EDINGER AVENUE PARCEL 10006.1. (THE ATCHISON, TOPEKA AND SANTA FE RAILI~AY CO.,} CONTAINING 47.$80 SQUARE METERS ~ SHEET I OF I SHEETS IILANNINB · DEBIraN · ~r'tNITR U r"'~l Dh ~ A~TON PA,qK~AY C O N S U CT I N G ~o~ · FAX ~A?~Z3 · Recording requested by City of Tustin ' When recorded return to: City Of Tustin City Clerk's Office 300 Centennial Way Tustin, CA 92780-3715 Exhibit C SPACE ABOVE THIS LINE FOR RECORDER'S USE EASEMENT DEED For valuable consideration, receipt of which is hereby acknowledged, The Burlington Northern and Santa Fe Railway Company Hereinafter referred to as "Grantor", does hereby grant to the City of Tustin, a Municipal Corporation hereinafter referred to as "GRANTEE", an easement and right-of-way for street and highway, purposes and no other purposes, in, on and over the real property in the City of Tustin, County of Orange, State of California, described as: See EXHIBIT "A" and Exhibit "B" attached hereto and by reference made a part. Grantor shall have the right to continue to use the above described real property for any purpose not inconsistent with the rights granted Grantee. Grantee shall not place, or allow to be placed, within the above described real property any gas; electric, telecommunications, cable TV or other utility pipeline, wire, transmission line or other facility without first obtaining a permit or license from Grantor therefore. Grantor shall not unreasonably withhold such permit or license provided, however, that it shall not be deemed unreasonable for Grantor (1) to condition such permit or license upon terms consistent with terms then required by Grantor for other similar permits or licenses, or (2) deny such permit or license if Grantor determines in good faith that the proposed permit or license woUld pose a threat to safety with respect to Grantor's operations. The terms and conditions of that certain Construction and Maintenance Agreement between Grantor and Grantee dated are incorporated herein by reference and shall survive the delivery of this easement deed. Grantee shall not perform any future repair, maintenance, replacement or other improvements within the above described real property unless and until Grantee and Grantor have entered into either (1) a similar Construction and Maintenance Agreement or (2) such other permit or license, addressing such future work in form and substance mutually agreeable to Grantor and Grantee. This easement is granted without warranty of any kind and without any covenant of quiet enjoyment in and to the easement. Concurrently with the tender of an executed and notarized easement deed from GRANTOR, GRANTEE agrees to pay GRANTOR the sum of dollars and 00/100 ($ ) for said easement. Page 1 S:\CIP Projects -Active\7147 - Edinger Ave WideningV~cquisition~NSF Easement Deed.doc Dated: By State of California ) County of Orange ss On appeared ,20 before me By, , a Notary Public, personally personally, known to me (or proved to me on th,e basis of satisfactory evidence) to be the person whose name ~s subscnbed to the within instrument and acKnowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. Signature of the Notary Page 2 S:\CIP Projects -Active\7147 - Edinger Ave WideningV~cquisition~BNSF Easement Deed.doc PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: AND WHEN RECORDED MAIF TO: 1 14 &T44 � � M ��q2lV C Recorded in Official Recorfis, County OI Orange "Oil' Ualy, Clerk- Recorder dill! II�iIfIR! Illlil lllliill6liIIIIIIIiiIfllli! ll'(!II!ilrl INO FFF 200300003914910:22ain 011113103 206 79 R23 11 0 UU 0.00 0.00 0.OU 0.00 0.00 U,(IU 0.60 TITLE OF DOCUMENT Vatf THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) -O'.059-TITLE PAGE (R7/95) �r I�