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RES 03-053 RECORDING REQUESTED BY: • • City of TustVn Recorded in Official Records, County of Orange AND WHEN RECORDED MAIL TO: Tom Daly, Clerk-Recorder IIIIIIIIIIIIII11 11111111111IIIIIIIIIi11111Il lIIII(IIIIIIIIIIII1IINO FEE City of Tustin 2003000564593 10:56am 05116103 City Clerk's Office 117 27 R28 7 300 Centennial Way 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Tustin, CA 92780 RECORDING FEES EXEMPT PER GCS 6103 1 C ******************************************************************************** f�G RESOLUTION 03-53 �l� RESOLUTION NO. 03-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE ACQUISITION OF A PORTION OF ASSESSOR'S PARCEL NO. 500-101-06 (1062 OLD IRVlNE BOULEVARD) WAS CONSIDERED IN THE FINAL ENVIRONMENTAL DETERMINATION FOR THE IRVINE BOULEVARD AND NEWPORT AVENUE INTERSECTION ENHANCEMENT PROJECT (ClP 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 No. 500-101-06 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 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 No. 500-101-06 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 No. 500-101-06 (1062 Old Irvine Boulevard) 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 No. 501-101-06 is needed is for the widening of an existing roadway, to wit, Irvine Boulevard and Newport Avenue within the City of Tustin. Resolution No. 03-53 April 21, 2003 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 No. 500-101-06, its address being 1062 Old Irvine Boulevard 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: a. The public interest and necessity require the widening of Irvine Boulevard and Newport 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 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. 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. 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. Resolution No. 03-53 April 21, 2003 Page 3 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 21st day of April 2003 ATTEST: City Clerk City of Tustin RESOLUTION CERTIFICATION. STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS CITY OF TUSTIN ) RESOLUTION NO. 03-53 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- 53 was adopted at a regular meeting of the City Council held on the 21st day of April, 2003, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: WORLEY, KAWASHIMA, BONE, DAVERT, THOMAS NONE NONE 'NONE Pamela Stoker, City Clerk EXHIBIT."A" PARCEL 109-1 Property #1 THAT PORTION OF THE NORTHEASTERLY oNE-HALF OF LOT. 1 IN BLOCK 12 OF IRVINES SUBDIVISION, IN THE Ci'TY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK I AT PAGE 88 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY, DESCRIBED AS. FOLLOWS: · COMHENC.TNG (P:O.C.) AT THE MOST.WESTERLY CORNER OF THE PARCEL OF LAND DESCRIBED IN AN EASEMENT DEED RECORDED MARCH 25, 1960 IN BOOK 5:f64., PAGE 131, IN THE OFFICE OF THE RECORDER OF SAID COUNTY.; THENCE SOUTH 39'°55'33'' WEST 154..15 FEET ALONG NORTHWESTERLY LiNE OF THE SOUTHEASTERLY 10.32.8 FEET OF NORTHEASTERLY ONE-HALF OF LOT i BLOCK 12 OF IRVINE'S SUBDMSION TO-THE TRUE POINT OF BEGINNING (T.P.O,B.),. SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, THE RADIUS OF WHICH BEARS SOUTH 03"43'46" WEST 1260.00 FEb-F; THENCE SOUTHEASTERLY ALONG SAID CURVE 102.4.0 FEET THROUGH A CENTRAL ANGLE OF 04°39'23".TO THE NORTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN A QUIT · CLAIM DEED RECORDED .]ULY 24, 1990 AS INSTRUMENT NO. 90-388434., OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID NORTHWESTERLY .LINE SOUTH 39°55'33" WEST-11.75 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, THE RADIUS OF WHICH BEARS SOUTH 08°06'15" WEST 1250.00 FEET, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT-OF WAY; OF IRVINE BOULEVARD. DESCRIBED AS PARCEL A IN AN EASEMENT DEED' RECORDED' NOVEMBER 04., 1959 IN BOOK '4959, PAGE 357, OFFICIAL RECORDS OF ORANGE COUNTY; THENCE WESTERLY ALONG SAID NORTHERLY LINE AND SAID CURVE 102.77 FEET THROUGH A CENTRAL ANGLE OF 04°42'39" TO THE NORTHWESTERLY LINE OF SAID SOUTHEASTERLY 1032.8 FEET OF .LOT 1; THENCE LEAVING SAID' NORTHERLY ITNE ALONG SAID WESTERLY ITNE NORTH 39°55'33" EAST 12,42 FEET TO THE TRUE POTNT OF BEGINNING. . CONTATNING 1,026 SQUARE FEET = 0.02 ACRES, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B", A'I-FACHED HERETO AND BY REFERENCE MADE A PART THEREOF. EUGENE A. SHAFFER;' L.S. ~'~// DATE LICENSE EXPIRES SEPTEMBER 30, 2002 \\1 ~.20.30.50\e ngi n\3291 \0008~survey\ROW\PARCEL 109-1. doc / LOT T.P.O.B. EXHIBIT "B" PARCEL 109-1 POR. NE'LY 1/2 OF BLOCK 2 OF IR VINE'S 6 "___w(~ SUBDI V M R M 1/88 lOg- 1 INSTRUMENT ~'~o-J~4J4 o.R. / / / LINE TABLE LINE BEARING LENGTH L 1 S39'55 '33 "W 1 1.75' L2 N39'55 '33"E 12. 42' CURVE TABLE , _CURVE DEL TA RADIUS LENGTH .,, C 1 04'39 '23" 1260. 00' 102.40' C2 04'42 '39" 1250. 00' 102.77' 0 25 50 1 O0 GRAPHIC SCALE: 1"=50' P.O. C7 / / / / / / / / / _ AREA SQ, FEET ACRES t SQ. 'METERS I _ 1,026 0.02 ASL Consulting Engineers 1624-1 LAGUNA CYN. RD. SUITE 200 IRVINE, CA 92618 727-7099 FAX:(949) 727-7097 SHEET 1 OF 1 / / iON \ g EUGENE ~'~AFFER, L.S. 46~'-/,~'~E' !~ LICENSE EXPIRES '/f )..~.