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RES 03-098RESOLUTION NO. 03-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE ACQUISITION OF PORTIONS OF ASSESSOR'S PARCEL NOS. 430-282-02 THROUGH 05, AND 430-281~01 WERE CONSIDERED IN THE FINAL ENVIRONMENTAL DETERMINATION FOR THE EDINGER AVENUE (SMART STREET) WIDENING PROJECT (ClP NO. 7147) AND APPROVING THE PURCHASE AGREEMENTS The City Council of the City of Tustin hereby resolves as follows: WHEREAS, the acquisition of portions of Assessor's Parcel Nos. 430-282- 02 through 05, and 430-281-01 are 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 portions of Assessor's Parcel Nos. 430-282-02 through 05, and 430-281-01 were 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. 430-282-02 through 05, and 430-281-01 has executed both Purchase Agreements. 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 portions of Assessor's Parcel Nos. 430-282- 02 through 05, and 430-281-01 is needed for the widening of an existing roadway, to wit, Edinger Avenue within the City of Tustin. DESCRIPTION OF PROPERTY AND EXTENT OF PROPERTY TO BE ACQUIRED The property to be acquired is described as portions of Assessor's Parcel Nos. 430-282-02 through 05, and 430-281-01, its address being 1542 Edinger Avenue, et al, and 14982 Red Hill Avenue more particularly described in Exhibit A, Legal Description of Property attached and incorporated herein by reference. The Pumhase Agreements are attached as Exhibit 1. Resolution No. 03-98 Page 2 4. STATUTORY FINDING The City Council makes the following additional findings: The public interest and necessity require the widening of Edinger Avenue to accommodate additional traffic within the City of Tustin. 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 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 Agreements are 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 properties. 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. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 4th of August 2003. PAMELA STOKER City Clerk Resolution No. 03-98 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 03-98 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 4th day of August, 2003, by the following vote: COUNCILMEMBERAYES: Worle}z, Kawashima, Bone, Davert, Thomas (5) COUNCILMEMBER NOES: None (0) COUNCILMEMBER ABSTAINED: None (0) COUNCILMEMBER ABSENT: ~one (0) PAMELA STOKER City Clerk RECORDING REQUESTED BY: City of'Tusth', AND WHEN RECORDED MAIL TO: City of Tustin City Clerk's Office 300 Centennial Way Tustin, CA 92780 RECORDING FEES EXEMPT PER GCS 6103 RESOLUTION NO. 03-98 RESOLUTION NO. 03-98 A RESOLUTION OF THE CITY COUNCIL OF THE COR' OF TUST|N, CALIFORNIA, FINDING THAT THE ACQUISITION OF PORTIONS OF ASSESSOR'S PARCEL NOG. 430'282-02 THROUGH 05. AND 430-281'O1 WERE CONSIDERED IN THE FINAL ENVIRONMENTAL DETERMINATION FOR THE ED|NGER AVENUE (SMART STREET) WIDENING PROJECT (C|P NO. 7147) AND APPROVING THE PURCHASE AGREEMENTS The City Council of the City of Tustin hereby resolves aafollows: WHEREAS, the acquisition of portions of Assessor's Parcel Nos. 430-282- 02 through 06. and 430-281'01 are needed for public uae, 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 Cuunci! certified that the Final Mitigated Negative Declaration as adequately addressing the environmental effects of the Edinger Avenue (Smart Street) Widening Project; and VVHEREAS, the acquisition of pnoperty, including portions of Assessor's Parcel Non. 430-282-02 through 05. and 430-281'01 were considered in the Final Mitigated Negative Declaration; and WHEREAS, State law authorizes the City to acquire the property for the above stated purpose; and VVHEREAS, the owner of Assessor's Parcel Nos, 430-282'02 through 05. and 430-281-01 has executed both Purchase Agreements. NOW, THEREFORE BE}T RESOLVED by the City Council of the City of Tustin, as follows: ENVIRONMENTAL FINDING The City Council of the City ofTustin finds that the effects of the proposed acquisition were considered in the Final Mitigated Negative Declaration and that no additional environmental review is required. PUBLIC USE The public use to which portions of Assessor's Parcel Nos, 430-282- 02 through 05. and 430-281-01 is needed for the widening of an existing roadway, to wit, Edinger Avenue within the City ofTustin. 3. DESCRIPTION OF PROPERTY AND EXTENT OFPROPERTY TO BE ACQUIRED The property to be acquired is described as portions of Assessor's Parcel Nos. 430-282-02 through 05. and 430'281-01. its address being 1542 Edinger Avenue, et al, and 14982 Red Hill Avenue more �f rtimO . Legal Description of Property ^��amttacmmU�,and,�'inoorpoxohsd herein by reference. The Purchase Agreementslare:, attached as Exhibit 1. Resolution No. O3-0 Page 2 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 nfTustin. b. The proposed project iaplanned and located in o manner that will be most compatible with the public good and the least private injury. o. The property described above is necessary for the proposed road widening of Edinger Avenue d. An offer ofpurchase of the property has been made to the owner of the property pursuant to Government Code Section 7267. 5. AUTHORIZATION The Purchase Agreements are hereby approved and the City Manager and City Attorney are authorized and directed to perform all oda nmnooaory on behalf of the City for the acquisition of said properties. 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 ia hereby authorized and directed horecord a certified copy of this resolution at the Office of the County Recorder. County ofDnenge. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 4 th of August 2003. City Clerk Waxi Mayor mina file with the City off"It-tisu& ST LI �� ', Resolution No. 03'U8 Page STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN 1, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, dohereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 03-08 was duly passed and adopted at o regular meeting of the Tustin City Council, held on the 4m day of August, 2O03.by the following vote: C0UNC|UNEMBER/01ES: COUNC|UNBNBERNOES: COUNC|UMEK8BERAQ8TAINEO COUNCILK0EMBERABSENT: PAMELASTOKER City Clerk Worley, Kawashima, Bone, Davert, Thomas (5)