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HomeMy WebLinkAboutC.C. RES 03-054 RECORDING REQUESTED BY: • • 4 City offfustin Recorded in Official Records. County of Orange AND WHEN RECORDED MAIL TO: Tom Daly, Clerk-Recorder I LIIIII IIIII MIN IIIII III 111111;1111111111111111111111111111 Iwo FEE City of Tustin 2003000564594 10:56am 05116/03 City Clerk's Office 117 27 R28 7 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 300 Centennial Way Tustin, CA 92780 RECORDING FEES EXEMPT PER GCS 6103 ******************************************************************************** C RESOLUTION 03-54 C1 1 RESOLUTION NO. 03-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE ACQUISITION OF A PORTION OF ASSESSOR'S PARCEL NO. 500-101-07 (1082 OLD IRVINE BOULEVARD) 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 No. 500-101-07 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. 500-101-07 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 No. 500-101-07 (1082 Old Irvine Boulevard) has 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. 501-101-07 is needed is for the widening of an existing roadway, to wit, Irvine Boulevard and Newport Avenue within the City of Tustin. Resolution No. 03-54 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. 500-101-07, its address being 1082 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 accomodate 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. 03-54 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. 03-54 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- 54 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: I~ORLEY, [AI~ASH]~MA, BONE, DAVERT, THOrn, S NONE NONE NONE ~r~ela Sto~er, City'Clerk EXHIBIT "A" PARCEL '109-2 , THAT PORTION OF THE 'NORTHEASTERLY ONE-HALF OF LOT 1. IN BLOCK 12 OF IRVINE'S SUBDIVISION; IN'THE CTTY OF .TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNLA,. AS.SHOWN ON MAP RECORDED i.N BOOK 1 AT .PAGE 88 OF MISCELLANEOUS. MAPS IN THE OFFICE .OF THE RECORDER OF 'SAID' COUNTY, DESCRIBED AS FOLLOWS: COMMENCING (P.O.C.) AT .THE SOU'FHEASTERLY CoRNER. oF THE PARCEL OF LAND · . DESCRIBED .IN AN EASEMENT DEED RECORDED MARCH 25~ i960 IN BOOK' 5154, PAGE 129, IN ,THE OFFICE OF THE RECORDER 'oF S/LID COUNTY, SAID POINT ALSO 'BEING 'THE. BEGINNING OF A CURVE, 'CONCAVE WESTERLY, THE RADIUS OF. WHICH BEARS SOUTH 40o00'00'' WEST 17;00 FEET AS DESCRIBED IN A QU1T CLAIM DEED RECORDED 3ULY 24, 1990 AS INSTRUHENT' NO. 90-388434 OFFIC~L RECORDS OF SAID COUNTY; THENCE SOUTHEASTERLY .ALONG THE /~RC OF SAID CURVE 6.84 FEET. THROUGH A CENTRAL-ANGLE. OF 23°03'53'' TO THE TRUE. POINT OF BEGTNNTNG (T. P JO.B.} SAID POINT BE~,NG THE BEGINNING OF A 'NON-TANGENT CURVE'CONCAVE 'NORTHWESTERLY AND HAVING A RADIUS oF. 14.00 FEET,. THE' RADIUS OF WHICH .. BEARS SOUTH 73o14'50" WEST; THENCE ALONG SAID. CURVE. 29.88 FEET THROUGH A 'CENTRAL .ANGLE OF 122°17'36.'' TO A REVERSE CURVE, CONCAVE 'SOUTHWESTERLY, THE RADIUS O~ WHICH BEARs SOUTH 15o32'26" WEST. 1257.00 FEET; THENCE WESTERLY ALONG SAID CURVE 99.08 FEET THROUGH A CEN'TAAL ANGLE OF'04o30'59"; 'THENCE NON-TANGENT. T~)'SAID CURVE NORTH 68o49'51" wEST 16.44 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHWESTER£y, THE 'RADIUS OF WHICH BEARS' SOUTH 10"17'17" WEST 1260.00 FEET; THENCE WES-TERLY ALONG. SA~D CURVE 41.83 FEET.THROUGH A CENTRAL ANGEE OF'01'05.4'08,' TO NORTHWESTERLY I.TN,E OF SAID ZNSTRUMENT .NO. 90-388434; THENCE ALONG SAID NORTHWESTERLY L/NE SOUTH 39~55'33'' WEST. 11;75 FEET TO 'THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY~ THE RADIUS OF WHICH BF_.ARS SOOTH 08o06'15'' WEST 1250.00 FEET~'SAID POINT ALSO BFTNG ON THE NORTHERLY L/NE OF PARCEL A AS DESCRIBED IN' AN EASEMENT DEED RECORDED' NOVEMBER 4, '1959 IN BOOK 4959, PAGE 357~ OF OFFICIAL RECORDS .OF SAID COUNTY; THENCE SOUTHEASTERLY ALONG SAID NORTHERLY 1TNE AND 'SAID CURVE 161.54' FEET THROUGH A CENTRAL ANGLE OF 07°24'16'' TO THE BEGINNING .OF A REVERSE CURVE, CONCAVE NORTHWESTERLY, THE RADIUS OF. WHICH-BEARS NORTH 15030'31~' WEST 1.7.00 FEET; THENCE NORTHERLY ALONG SAID CURVE 39.30 FEET THROUGH A. CENTRAL ANGLE OF 132°26'38" TO THE TRUE PO1'NT OF BEGI'NNI'NG. ' · . . · CONTAINING 1,408 SQUARE FEET =-0.03 ..ACRES, MORE OR. LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBiT "B", ATTACHED HERETO A PART THEREOF. AND 'BY REFERENCE MADE EUGENE A. SHAFFER, L.S.4644 LICENSE EXPIRE SEPTEMBER 30, 2002 \\10.20.30.50\engin\3291 \0008~survey'~OW\PARCEL109-2.doc DATE / PARCEL 109-2 INI 1'01 / / / / / / · '0 .25 50 lOC GRAPHIC SCALE: 1"=50' ,AREA SQ. FEET ACRES METERS 1,4.08 0.03 ASL Consulting Engineers 16241 LAGUNA CYN. RD. SUITE 200 IRVINE. CA 92618 (94.9) 727-7099 FAX:(949) 727-7097 EXHIBIT "B" PARCEl. 109-2 POR. 'N"~' LY 1/2 OF/' LOT 1 BLO'~K 12 OF ? IRVINE'S 8 U B~IVI $10/N MRM1/88 ~ ,," SO~'O6'15 "~_[R_2 / P.O.O. · SHEET 1 OF 1 / / / / / P.O.B. LINE. TABLE · LINE BEARING LENGTH _ L 1 N68'49'51 "W 16. 44' L2. S.39'55 '$3'~ 11.75 ~ CURVE TABLE CURVE DEL TA RADIUS LENGTH C'l 23'03'$3" 17. 00' . 6. 84' :. C2 122'17',38" 14.00' 29.88' ., C3 04'30'59" 1257.00' 99.08' 04 01 '54 '08" 1260. 00' 41.83' 'C5 '07'24'16" 1250.00' 161.5~¢' 06 132'26'38, 17.00' ,39.30' PREPARED UNDER THE DIRECTION. OF EUGENEr--"~. SHAFFER, L.S..~~ .' DATE LICENSE~