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Home My WebLink AboutCC RES 96-311 RESOLUTION NO. 96-31 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, 3 CALIFORNIA, FINDING A NECESSITY FOR THE PUBLIC USE OF PORTIONS OF ASSESSOR'S PARCELS NOS. 395-311-01 AND 395-311- 4 39, (17241 AND 17231 E. SEVENTEENTH STREET-WILDE FAMILY TRUSTS), AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY 5 AND THE EXPENDING OF FUNDS, THEREFORE IN THE INSTITUTION OF EMINENT DOMAIN PROCEEDINGS 6 WHEREAS, portions of Assessor's Parcels Nos. 395-311-01 and 395-311-39, 7 located at 17241 and 17231 E. Seventeenth Street, respectively need to be acquired for permanent and temporary public use, namely for the widening of the north side of 8 Seventeenth Street between State Route 55 and Carroll Way within the City of Tustin. (hereinafter, the "Seventeenth Street Widening Project".) The property to be acquired for 9 temporary public use is shown as temporary construction easements on Exhibit "A", attached hereto and incorporated herein by this reference. The property to be acquired 10 for permanent public use is more particularly described in Exhibit "A-1 ", attached hereto and incorporated herein by this reference. (hereinafter, collectively the "Properties"); and 11 WHEREAS, state law authorizes the use of eminent domain for acquisition of 12 property for the above stated purposes; and 13 WHEREAS, notice of an opportunity to be heard was given to the property owners pursuant to Code of Civil Procedure §1245.235; 14 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, 15 CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: 16 SECTION 1. The Properties are needed for a public use, that is to widen the north 17 side of Seventeenth Street, between State Route 55 and Carroll Way within the City of Tustin. A full and complete description of the public use is found within the Staff Report 18 which is incorporated herein by this reference. 19 SECTION 2. The Properties to be taken for a public use are described in Exhibits "A" and "A-1 ". 20 SECTION 3. The City Council makes the following additional findings: 21 a) The public interest and necessity require the widening of the north side of 22 Seventeenth Street, to reduce existing and future congestion between east of Carroll Way and State Route 55; 23 b) The Seventeenth Street Widening Project is planned and located in a 24 manner that will be most compatible with the public good and the least private injury. In an effort to minimize the permanent impact on the Properties, the widening has been 25 designed with reduced lane widths, sidewalks widths, and from typical City design standards. In an effort to minimize temporary construction impacts, the Seventeenth 26 Street Widening Project is proposed to be constructed by Caltrans at the same time Caltrans is reconstructing and widening the approach to the Seventeenth Street bridge 27 over State Route 55; 28 /// c) The Properties are necessary for the proposed widening of the north side of Seventeenth Street; 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 d) An offer to purchase the Properties has been made to the owner of the Properties pursuant to Government Code §7267.2. SECTION 4. The City of Santa Ana and the Tustin City Attorney are authorized and directed to perform all acts necessary on behalf of the City for the acquisition of the right-of-way, and said City Attorney is further authorized to prepare, institute and prosecute to conclusion on behalf of the City, an action in eminent domain, or such proceedings as may be required for the acquisition for the Properties described herein, or an interest in said Properties, which cannot be acquired by negotiation, to do any and all other things in connection with such proceedings, as in their judgment may be necessary and convenient to the successful conclusion of said proceedings. SECTION 5. The City of Santa Ana is hereby authorized to expend funds available to the City of Tustin pursuant to the Seventeenth Street Widening Project for the acquisition of Properties described herein. SECTION 6. The City Clerk is hereby authorized and directed to record a certified copy of this Resolution in the office of the County Recorder, County of Orange. SECTION 7. The California Environmental Quality Act has been followed in that on October 2, 1995, the City Council certified a mitigated negative declaration for the Seventeenth Street Widening Project. PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this 1st day of April, 1996. JIM PO ay ATTEST: 9999-0001 25651 1 -2- ,~ c~ ~_ o ~' zo N 'Ti -i ~ C RAC -~ s azz v m~ Dm m; ~~ mo z~ -+ ~ -c , '~ m 7 ; r ti~11 I I ..,(~ •~,~. ~ I r i i ~7 1 s~ % >; ~ II ~'e.0e~ t ~i' ;~ I I ~ it .I I' ~ .' i~ ~ ---- -? `` °~~~' `4 i 4i `'I I. I II ! 5 '~ ~ Itr'y I ~ I W i I ~ 1 I I E i II ~ ~ :r~ I ,. x ~ .. I~r ~ I iJ - ~Ir I r o ~. ~~ '~Ilrr' I I I I I~ f .. _- 1 (i' I - N'SB.~-E ` ~ - itil ~1 •.~ I ~f~-''A _I_'Y.,~ ( fl~ ,, ~ ~ _. ~, ,, ~ i , ~ _~... ~ - _. - r yi~ - -- ~ y= ~ :n p 0 o j I' I ~~ - - ~-~ ~ H Iic n ~o I I _ ~ If I ~ I r ~ ' / ~-- a _ ' `> _ i y -~ _ ' ,I I ~ I I ~ I m I \ mKma --- ' -- I r ~ ~ \ ;~ ~ r r--. . _ N J . 1 .A r I 3 -. ~..I - - _ - - ~ _. ..~.. ~, r Jfla_._ ~\ s ~.~.:.: ~,mH f I...+ 1 1 ~` I~ I II -~/~ m4 .:1.. ' ~ ~ ~I I~ j ,•' I ~I ' I I ~i ~I ~; I ~x I I , I r r ~ III jl li ~ I r I II`'I I ~ I II l i I I I Irr ~- r~ ,y I I ( i I` I I i I I'~ ' i ! ' ;~ I ~• I it I I .' I i EXHIBIT "A-1" APN: 395-311-01 17241 E. SEVENTEENTH STREET A permanent easement for street purposes under and across that portion of land located in the City of Tustin, County of Orange, State of California, being a portion of Lot 14, Block "B" of the A.B. Chapman Tract as shown on a map recorded in Book 102, page 15 of Miscellaneous Maps, and Parcel 4 as shown in Book 49, page 39 of Parcel Maps, in the office of the County Recorder of said county, more particularly described as follows: Beginning at the intersection of Seventeenth Street and Yorba Street/Carroll Way as shown in Book 49, Page 39, of Parcel Maps, County of Orange, State of California, and described as a Type B monument per State Division of Highways Standard A75- 001,166. Said monument being a brass disc with punch mark. Thence North 88°41'17" West, from said monument 192.69 feet; thence North 1°18'43" East, 7.58 feet along the Westerly property line of said Parcel; thence North 88°22'58" East, 23.54 feet; thence Easterly 109.96 feet along a Southerly concave curve having a radius of 2462.00 feet and a central angle of 2°33'32"; thence Northerly 45.08 feet along a Northwesterly concave curve having a radius of 27.00 feet and a central angle of 95°40'24" to the Easterly property line; thence Southerly 14.24 feet along a Westerly concave curve having a radius of 170.00 feet and a central angle of 4°47'54"; thence Southwesterly 43.00 feet along a Northwesterly concave curve having a radius of 27.00 feet and a central angle of 91 ° 14'43" to a point being 58.69 feet West and 50.00 North of the Point of Beginning. Thence North 88°41'17" West, 134.00 feet to the True Point of Beginning. APN: 395-311-39 17231 E. SEVENTEENTH STREET A fee simple absolute for street purposes under and across that portion of lands located in the City of Tustin, County of Orange, State of California, being a portion of Lot 14, Block "B" of the A.B. Chapman Tract as shown on a map recorded in Book 102, page 15 of Miscellaneous Maps, and Parcel 3 as shown in Book 49, page 39 of Parcel Maps, in the office of the County Recorder of said county, more particularly described as follows: Beginning at the intersection of Seventeenth Street and Yorba Street/Carroll Way as shown in Book 49, Page 39 of Parcel Maps, County of Orange, State of California, and described as Type B monument per State Division of Highways Standard A75-001-166. Said monument being a brass disc with punch mark. Thence North 88°41'17" West, from said monument 192.69 feet; thence North 1°18'43" East, 50.00 feet to a point on the Northerly right-of-way line of Seventeenth Street. Said point being the Southeast corner of Parcel 3 and the True Point of Beginning; thence 1°18'43" East 7.58 feet along the Easterly property line of said Parcel; thence South 88°22'58" West, 148.32 feet to the southerly parcel line of said parcel; thence South 88°41'17" East, 148.13 feet to the True Point of Beginning. EXHIBIT "A-1" City of Tustin RESOLUTION CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) RESOLUTION NO. 96-31 ss Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council is five; that the above and foregoing resolution was passed and adopted at a regular meeting of the City Council held on the 1st day of April, 1996, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Potts, Worley, Saltarelli, Thomas None None Doyle Pamela Stoker, City Clerk