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Home My WebLink AboutC.C. RES 03-49 RECORDING REQUESTED BY: • • ,✓ City of Tustin ptficial Records, County of Orange Recorded in AND WHEN RECORDED MAIL TO: Toni Daly, Clerk-Recorder 1111111111111111121101101�31011004191!2171181141!I0IIg1112114�1aImN30 0103 City of Tustin City Clerk's Office '?t4 95 R20 9 ty B 00 o.00 o.00 o.00 o.00 0 00 0.00 0 0 300 Centennial Way Tustin, CA 92780 RECORDING FEES EXEMPT PER GCS 6103 ****** ************************************************************************ _. I� RESOLUTION 03-49 9 tJ RESOLUTION NO. 03-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE ACQUISITION OF A PORTION OF ASSESSOR'S PARCEL NOS. 500-111-01 THROUGH 04 (13102-13152 NEWPORT AVENUE) WAS CONSIDERED IN THE FINAL ENVIRONMENTAL DETERMINATION FOR THE IRVINE BOULEVARD AND NEWPORT AVENUE INTERSECTION ENHANCEMENT PROJECT (CIP NO. 7118) AND APPROVING THE PURCHASE AGREEMENT The City Council of the City of Tustin hereby resolves as follows: WHEREAS, the acquisition of a portion of Assessor's Parcel Nos. 500-111-01 through 04 is needed for public use, namely to be utilized for the Irvine Boulevard and Newport Avenue Intersection Enhancement Project ("Enhancement Project") within the City of Tustin; and WHEREAS, on November 1, 1999, the Tustin City Council certified that the Final Mitigated Negative Declaration as adequately addressing the environmental effects of the Enhancement Project; and WHEREAS, the acquisition of property, including a portion of Assessor's Parcel Nos. 500-111-01 through 04 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 owners of Assessor's Parcel Nos. 500-111-01 through 04 (13102-13152 Newport Avenue) have executed the Purchase Agreement. 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. 501-111-01 through 04 is needed is for the widening of an existing roadway, to wit, Irvine Boulevard and Newport Avenue within the City of Tustin. Resolution No. 03-49 April 7, 2003 Page 2 3, DESCRIPTION OF PROPERTY AND EXTENT OF PROPERT~ TO BE ACQUIRED The property to be acquired is described as a portion of Assessor's Parcel Nos. 500-111-01 through 04, its address being 13102-13152 Newport Avenue and more particularly described in Exhibit A, Legal Description of Property attached and incorporated herein by reference. The Purchase Agreement is attached as Exhibit 1. 4. STATUTORY FINDING The City Council makes the following additional findings: ao The public interest and necessity require the widening of irvine Boulevard and Newport Avenue to accommodate additional traffic within the City of Tustin. b. C, The proposed project is planned and located in a manner that will be most compatible with the public good and the least private injury. -- The property described above is necessary for the proposed road widening of Irvine Boulevard and Newport 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 The Purchase Agreement is hereby approved 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. , , EXPENDITURE OF FUNDS The City Manager is hereby authorized to expend funds available to the City for the acquisition of real property described herein. 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. Resolution No. 03-49 April 7, 2003 Page 3 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 7th day of April 2003 Worley, Mayor~~ ATTEST: City Clerk City of Tustin RESOLUTION CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS CITY OF TUSTIN ) RESOLUTION NO. 03-49 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. 03- 49 was adopted at a regular meeting of the City Council held on the 7th day of April, 2003, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: IdORLEY, KAWASHIMA, BONE, DAVERT, THOM~ NONE NONE NONE Pamela Stoker, City Clerk EXH]:B:I:T "A" PARCEL 105-1 THAT PORT[ON OF LOT 2 OF TRAcT NO. 10563, IN THE CITY OF TUS'DN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 4-46 AT PAGES 14-16 OF MISCELLANEOUS MAPS IN THE OFF[CE OF THE RECORDER OF SAID COUNTY, DESCP~BED AS FOLLOWS: - · COMMENCI'NG (P.O.C.) AT THE SOUTHWESTERLY CORNER OF SAID LOT 2; THENCE ALONG THE NORTHWESTERLY ITNE OF SAID LOT 2 NORTH 39°57'41'' EAST 18.80 FEET TO THE TRUE PO1'NT OF BEGINNZNG (T.P.O.B.); THENCE CON'~NUING NORTH 39°57'41'' EAST 59.24 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 15.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE 23.56 FEET THROUGH A CENTRAL ANGLE OF 90°00'00"; THENCE TANGENT FROM SAID CURVE SOUTH 50°02'19" EAST 2.00 FEET; THENCE LEAVING SAID NORTHWESTERLY LiNE SOUTH 39°57'41'' WEST 1.72 FEET; THENCE SOUTH 80053'25" WEST 21.92 FEET; THENCE SOUTH 37039'38'' WEST 28.72 FEET; THENCE SOUTH 47052'54'' WEST 27.52 FEET.TO THE TRUE PO~'NT OF BEGTNN[NG.. CONTAZNTNG 287 SQUARE FEET = 0.01 ACRES, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON' EXHIBI-I' "B"~ ATTACHED HERETO AND BY REFERENCE MADE A PART THEREOF. L.S. BATEMAN, P.L.S. #3757 UCENSE EXPIRES 3UNE 30, 2004- DATE EXHIBIT "B" PARCEL 105-1 92-220 LINE TABLE LINE BEARING LENGTH L 1 N39'5 7'41 "E lB. BO' L2 N39'57'41 "E 59.24' L3 S50'02' 19 "E 2. 00' L4 S~9'57'41 "W 1.72' L5 S80'55'25 "W 21.92' L6 S57'$9 '38 "HI 28. 72' L7 S47'52'54 "14I 27.52' CURVE TABLE CURVE DELTA IRAQ/US 9o'oo'oo" ~5. oo' 0 20 40 80 GRAPHIC SCALE: 1"=40' AREA SC). FEE~ ACRES t SQ. I~ETERS 287 0.01 ASL Consulting Engineers 16241 LAGUNA CYN. RD. SUITE 200 IRVINE, CA 92618 .(949) 727-7099 FAX:(949) 727-7097 LENGTH 23.56' I11 5757 \\ \ SHEET 1 OF 1 O.R, 4788-460 O.R. 2269-81 PREPARED UNDER THE DIRECTION OF L.S. BATEMAN, P.LS. 3757 DATE LICENSE EXPIRES 06/30/2004 EXHIBIT PARCEL 106-1 THAT PORTION OF LOT I OF TRACT NO. 10563, .TN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 446 AT PAGES 14-16 OF HISCELLANEOUS HAPS IN THE OFFICE OF THE RECORDER OF 'SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING (P.O.B.) AT THE SOUTHWESTERLY CORNER OF THE PARCEL DESCP~BED IN A GRANT DEED RECORDED JANUARY 18, 1989 AS T'NSTRUMENT NO. 89-030205 IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL NORTH 60°57'34'' EAST 26.28 FEET TO A POINT ON THE NORTHEASTERLY LINE OF SATD LOT 1; THENCE ALONG THE SAID NORTHEASTERLY LINE SOUTH 49°59'54'' EAST 5.93 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE SO.UTH 63°49'08''.WEST 14.05 FEET; THENCE SOUTH 37°39'38'' WEST 120.62 FEET TO A POINT ON THE NORTHWESTERLY LINE OF SAID LOT l, SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY, THE RADIUS OF WHICH BEARS NORTH 55°17"16'' WEST ~-250.00 FEET; THENCE NORTHERLY ALONG SAID CURVE 89.84 FEET THROUGH A CENTRAL ANGLE OF 04007'04'' TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHEASTERLY, THE RADIUS OF WHICH BEARS SOUTH 59°24'20'' EAST 1~50.00 FEET DISTANT; THENCE NORTHERLY ALONG SAID CURVE 19.99 FEET THROUGH A CENTRAL ANGLE OF 00°59'46'' TO THE POINT OF BEGINNING. CONTAINING 640 SQUARE FEET = 0.01 ACRES, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B", ATI'ACHED HERETO AND BY REFERENCE MADE A PART THEREOF. L.S. BATEMAN, P.L.S. #3757 LICENSE EXPIRES 3UNE 30, 2004 DATE EXHIBIT "B" PARCEL 106-1 .. LINE TABLE LINE BEARING LENGTH L 1 N60'57'J4 "E 26.28' L2 $49'59 '54 "E 5.9J' LJ S65'49 '08 "W 14.05' LOT d TRA C-J' NO, 446 / 14 - 16 PARCEL 106-1 O.R. 1J268- 174 // // / ~ / ~ ~ / ~ // / ~-~ // ~ / '~X'% //:~ ', O.R. 5182-2 50' - /, / / / SHEET 1 OF 1 89- 0J0205 CURVE TABLE CURVE DEL TA RADIUS LENGTH C 1 04'07'04" 1250. 00' 89. 84' C2 00'59'46" 1150.00' 19.99' 0 2o 40 80 GRAPHIC SCALE: 1"=40' AREA SQ. FED 640 ACRES0.01 SQ. METERS ASL Consulting Engineers 1624t LAGUNA CYN. RD. SUITE 200 IRVINE, CA 92618 k.(94g) 727-7099 FAX:(949) 727-7097 PREPARED UNDER THE DIREC't'ION OF L.S. BATEMAN P.L.S. ,3757 LICENSE EXPIRES 06/30/2004 DATE