HomeMy WebLinkAboutCC RES 79-084C
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A RESOLUTION OF THE CITY COUNCIL. OF THE CITY
OF TUSTIN, CALIFORNIA, 'ESTABLISHING CAPITAL
OUTLAY IRVINE - PETERS CANYON SUBACCOUNT.
The City Council of the City of TusLi n, does hereby resolve as follows:
lb Ir"I
1. The City Council finds and deCorrni nes that:
a. Title 5, Division 2, Part. 1, Chapter 4, Article 4 (Sections 53734 et
seq.) of t.he Government Code or the SLat.e of California aind Parr 3 of Chapter 1 of
the Tustin City Code, Sections 2230 et seq., e-nacl.ed pursuant. LhereLo, authorizes
the City to create a Capital outlay Fund and ' to accuML11ate funds for the purpose
of capital outlay;
b. Said Capital Outlay Furlris may be s -hown on the City Budget. as
reserves for future expenditure in subsequent years and when shown shall be
identified as to purpose;
C. The Capita! Outlay Fund shall remain inviolate for t:hL making of
capital ouLlays and funds therein shall not- be disbursed except for capital
improvements without the approval of two- thirds (2/3) of the voters voting in an
election for such purpose;
d. The area known as the North Irvine Ranch requires considerable
capital expenditures for streets, roads and flood control measures in the int'e -resLs
Of public health and safety; and
e. Said area is in an agricultural preserve status with a contract
termination dale of December 31, 1903, unless deerned to be in the public interest
for prior development.
f. The Tustin City Code, Part 3 of Chapter 2,. Sections 2-230 t- hrough
2233, provide for the establi shr-n enL of a Capital Outlay Fund with the designation
of subaccounts for various geographical areas; and
g. The City Council did by its Resolu& on No. 76 --131 est a dish a
subaccount for the area known as the North Irvine Ranch in the Sphere of Infiuene e
of the City of Tustin.
h. The area in the City of Tustin knov,,n as Irvi ne- Peters Canyon
described and shown on Exhibit A attached hereto and incorporated herein by this
reference as though set forth in full hereat, requires considerable capital expend-
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i'Lures for streets, roads, and flood control in Lhe interest, of PLJhhc
safety- and
i. Said area is now in an agrj cl�l �.ural preserve status.
2. The City Council of the City of Tustin hereby establishes a Capital
OuLlay Fund Subaccount to be identified as the Irvine -- Peters Canyon Subacc:ount
which shall be operated pursuant to the following criteria.
a. From and after the da t.e Of anne xa J on of the sL�b je ^t. proporty to
City and continuing until building permi Ls shall have been issued for any improve-
ment-, other than public improvement, in the area known as Irvine - Peters Canyon,
City shall cause to be segregated and accumulated in the Capital outlay Fund
Subaccount ninety percent (90 %) of all revenue derived by City as its share of
taxes derived from real property tax levies upon the subject property and
distributed Lo City pursuant. to Lhe provisions of Government Code Section 26912- or
any succesor provision thereto which provides for payment. to cities of revenue
derived f roan real properly Laxes, together with that percentage of any other
revenue, sums, and fees received by City derived from or arising out of the subject
property, any use made ':hereof or any action taken wit-.h reference thereto. The
revenue to be subject to credi L to said Capital Outlay Fund shall not include an.,
revenues derived from other than the basic real property tax, including bL.)E_ riot
limi Led to user fees, special asessmen 'Ls, assessment district levies, special
improvement levies, levies for payment. of bonded indebtedness and all ol.her levies
based upon special benefits, services, inspections, improvements or other con-
sideration. City shall cause said surns so received, segregated and accumulated Lo
be expended upon public improvements in the subject territory and in ac c- ordance
with the aforedescribed capital improvement plan. City may accumulate such
funds and expend them from time to time at- such times and in such manner as it
deems suitable to implement the of oredescribed capital improvement plan. Any
provisions of this Agreement to the contrary notwithstanding, the.13 obligation of
City to accunnulate revenue received by it and allocated to the capiL.al OULlay fund
shall not extend past the time when a building permit shall have issued for an
improvement on the subject property, of -her than a public improvement. Upon Lhe
issuance of a permit for the development of the subject property, or any part or
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parts thereof, the Obligation of C�i t.y to �JCCLIfmll ate :�l.�c:h revenUe rec:=i ve_j Dy Ci t.y
shall thereupon be terminated. All sums accumulated prior to such development
shall be segregated by City and shall be expended by City in conformity with the
of oredescri bed capital improvement- plan in support: of and coordination with
private development and. in no event later tl--ian one (1) year following issuance of
building permit for improvement:, other than public irnprovernent:, on the subject
property.
b. All funds accumUlat.ed in the Capital Outlay Fund Subaccount
prior to i Ls termination shall be applied t.o capital proj ec Zs within the area shown
and described in Exhibit A. After the tilme when a permit shall leave issued for the.
developrnenL of the subject property, or any part or parts thereof, no funds shall
further accrue to the said Capi tat Outlay Fund Subaccoun .- and Laxt-.%s shall
thereafter be levied upon and appropriated as provided for other properties within
the City.
PASSED AND ADOPTED at a regular ; nee ti ng of 'the City Council of 'the City
of Tustin held on this 5th day of November 1979•
ATTEST:
iCI1TY ` CLf--RK
JC.�R,se:D :6 /it /79
J(-"*.R:se:R:9 /19/79
JGR:se:R:10/16/79
T/R /Capi gal Outlay D:15
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P9FI CYS
79,
� :l15Tlµ CAL.-7.
PER RES ND. kr2' ,
I
DATED 4-16 -79
PER. 62D NC
�
DATED
I
EXHIBIT A
Page 1 of 5 Pages {
5 y,.. g:. '...- :s �:. � vF :�- +r.--- �- T —e -4
r-
.t
• •
,:). 1. 17
'iv 'I1;E C17i C:, V., : i"
Those oortions of Blocks 41, 42 and 43 of If- vine's Subdivision in t:e
CZ)W)ty of Or PJlae, State of CalifoLnia, as C-'_ rr.]p _coor c—.: L"1 n_ok 1,
63 of M ?scellan£ous ? S, Records of said Cc'unt;', Cescribad as fcl1C::s:
FsGli'adl::G at an arrale point in the etisth lc Cci:. ^. ^dT: lone of `nc Cat,;
of'n1StLn,.hei_nc t. ^.e nost northerly Corner of ?arcel ;; of he "T_;ij)C- -',' OLC
-,)Z!
pacscc c
_
of Oranac C(Dunty, C lifcrnia by Ordinance No. 716, `dated April 4, 1977, said
point being also on the south�.aesterly line of said Bloch; 43 and on. the centa_-
line of Irvine Boulevard, distant th<areon South 49 °16'55" Fast 660.00 font
frcrn the centerline of Brownina Avenue, and also bei-na the nest southerly cornar
of Tract NO. 3119 as Per rap reaorde in Zook: 102, cases 32 aid 33 of 1- scellaneous
Maps, Records of said County;
thence, leav —inc said eT:iStLng cit \' hou)'-'h"a1Y 11ne a:hC along a line rlralie!
With and distant soutiieasteriv 660.00 feet rcT the nortn'weste--ly 1L'le Of Sa3C
Block 43, North 39 053'46" East 4621.35 feet to a line ra.rallel with and distant
SCC'v ,' »'•a5tc =.1�' 650 -00 meet frc-i the P.ortneastcCr1V lii'.e of sflld 3.1cc,: •13;
thence, alonc sa.1C .rallel 1—ine Sou"i 49 °5%'54" 55 -. 9 iC =G an
angle Point Ln '�'?e toucC 1Lne of Tract i` +J. 366 - ec .-'``9 i, B^
3, as p' n`ap r_.o_ac_. _l �k
166, Pages 5 through 11 of Miscellaneous Maps, RoZords of said Orange Count.;;
thence, alone the hound=,, line of said tract:
Sou th
Sou th
Sou th
i for th
Nor th
N'Drtll
North
North
and F:ort�
28 °55'36"
62 °37'04"
85 °37'35"
6S °51'48"
48 °51'2.2"
40 °01'11"
49 °46'26"
13 °02'25"
40 °13'32"
Fast
Last
East
East
Fast
Fast
West
i•ie s t
East
274.16 feet;
144.95 feet;
139.95 fe--t;
180.53 feet;
239.92 feet;
579.82 feet;
5.02 feet;
656.77 feet;
3.74 feat;
thehce, leaving the boundary line of said Tract No. 3883, north 40 011'46"
East 587.30 feet to the most southerly corner of Tract No. 8640, as per rap re-
corded Ln Book 359, pages 4 through B of Miscellaneous Maps, Records of said
Orange County;
thence, along the southeasterly boundary line of said Tract No. 8640 and along
the northeasterly axtewsion thereof, North 39 046'54" East 1331.93 feat to the ncst
southerly corner of Lot I of Tract No. 61, as "_r T-ao recorded Ln Bror: 10, :ace 5
of Miscellaneous taps, Records of said Crance county;
EXHIBIT A
Page 2 of 5 Pages
NO. 117
TO THE CITY OF TUSTIN
thence, along the southeasterly line of said Tot I, North 39 051'00" cast
1315.80 feet to the most easterly corner thereof, being a 6 "x8" post designatV
"F -21" on a rao Bled in look 92, pope 1 of Records of Sli_' & , Pecords of said
Grange County;
thence, as s:Y',vn on said map filed in :y:Jo'. 92, Cage 1 of ^ecores o_
North 39 051'00" East 660.11 feet;
North 49 °59'45" West 666.60 feet;
North 39 054'45" East 232.70 feet;
North 41 006'35" East 245.99 feet;
and ?Drth 39 056'28" Fast 181.24 feet to
the south esteriv line of said Bloc: 41 being also a roinu on
line of Tract iio. 9271, as ';:xax- Trap recorded in 3 -,ot: 424, cac:es
Maps, .Records of said Grange County;
the spun % scerly
5 and 6 of M- sccllaneous
thence, along the southv' esterly line of said. Block 41 and of said T=acz 10.
9211, South 50 °03'32" East 100.50 feet to the Post soot`eriv corner of said Trap-
No. 9271;
thence, along the boundary line thereof:
North 39 °50'21" East 530.86 feet;
North 17 °42'21" West 318.45 feet;
North 74 °44'29" West 145.30 feet;
North 87 °55'21" West 378.41 feet;
and North 50 009'36" West 60.00 feet to
the nortln<esterly line of said Block 41, being also a mint on the soutlheasterly
line of Tract No. 6206, as per map recorded in Pock 372, paces 30 through 35 of
Miscellaneous yaps, Records of said Grange Count:;
thence, along said northeasterly line of Bloc?: 41, ?north 39 050'24" Last
1528.50 feet to a point on the boundary ndary line of the lard described in a Died
recorded January 17, 1955 in Book 2926, pace 226 of Official Records;
thence, along the boundary of said land:
South 25 °14'36"
South 04 °25'36"
South 25 °34'10"
South 67 °13'36"
North 77 °57'24"
North 26 °27'24"
North 12 006'24"
and North 70 °06'24"
East
East
East
East
Fast
East
East
East
84.91 feet;
89.05 feet;
91.76 feet;
116.55 feet;
172.06 feet;
42.13 feet;
249.42 feet;
79.58 feet to a
EXHIBIT A
Page 3 of 5 Pages
point on the bcundar -y line of the
1:z:�L�; ��I�t�s c _�:�ca : _..,.._•� ;TZG.:
NC). 117
TO 7HE CITY OF 'IUSTIN
land described as "Parcel 3" in a Dew—' recorded Novt,cnr 7, 1958 in 2wok 4475,
page 281 of Official Records;
thence, along the bourxiary of said land:
North 70 006'2'' East 89.77 fee'-;
Moth 30 053'36" East 95.00 feet;
North 52 °06'24" East 109.00 feet;
Noi7h 42 006'24" Past 164.96 feet;
North 07006'24" Past 105.00 feet;
North 69 006'24" East 184-88 feet;
Nor-u 45006'24" East 150.00 feet;
North 07 034'24" East 94.72 feet;
and North 23 °06'24" East 107.85 feet to the
m'Dst sou early corner of ?'tact No. 5369, as . - r ma-o rcc—ordew 433, `ces
21 through 30 of btiscellaneous Naps, Records of said Ora.-ige Count.-;
thence, along the ho undary line of said tract:
Nom Win. 23006'24''
Borth 81006'09"
North 32 006'09"
North 42 006'09"
North 54 °06'09"
North 31 °06'09"
North 18 °06'09"
North 48 °06'09"
North 03 °06'09"
?•orth 06 °06'09"
and North 34 °40'22"
Block 41;
Fast 28.00 feet;
East 159.64 feet;
East 259.79 feet;
East 277.00 feet;
East 145.00 feet;
East 219.69 feet;
East 249.76 feet;
East 85.00 feet;
East 189.83 feet;
Fast 239.85 feet;
Nest 207.76 feet to the nort-csterly line of said
thence, along said northwesterly line Prc 5 39 °50'09" East 270.23 feat to
the northerly corner thereof; being the b<guznina of a non- tano_ent cure concave
westerly and having a radius of 5000.00 feet, a radial li-�e to said point b -ears
?worth 61 °26'20" Fast;
thence generally southerly along said curve through a central angle of
479340 ", an arc distance of 4150.49 feet;
thence, South 19 000'00" West 715.13 feet to the bscinninc of a tangent carve
concave northwesterly and having a radius of 9000.00 feet;
EXHIBIT A
Page 4 of 5 Pages
I
i�5. 117
9'3 'I7-' C:T`_' OF ' JSTIN
thence, southwesterly along said curve through a central angle
16 000100 ", an arc distance of 2513.27 feet;
thence South 35 °00100" 14est 5667.32 feet to the beginning of a taxent
curve concave north%aesce_rly and having a radius of 18000.00 feat;
thence souttr.,,esterly along said curve through a central angle of
05033'00 ", an arc distance of 1769.76 feet;
thence South 40 °38'00" 1-lest 2493.23 feet to a col t on the centa_rline of
Irvi-ne Boulevard, being also the *rr_st easterly corner o= the aforesaid
Parcel A of the "Irvine- ;•Ivford ;annexation No. 81 (Trende-:!)
thence, along said centerline and along the northeasterly line of
Parcel A, North 49 °57'45" West 1551.31 feet; and North 49 057135" West
1982.37 feet uo the Point o= BFg ruing.
EXHIBIT A
Page 5 of 5 Pages
%- 7/
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
RUTH C. POE, 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 of the City of Tustin is five; that the
above and foregoing Resolution No. 79 -84 was duly and regularly
introduced, passed and adopted at a regular meeting of the City Council
held on the 5th day of November 1979, by the following
vote:
AYES: COUNCILMEN: SCHUSTER SALTARELLI SHARP, KENNEDY WRT_.gH
NOES: COUNCILMEN: NONE
ABSENT: COU?:CILMEN: NONE
i
RUM C. POE, City C1 rk, Cit of Tu in, Cal'forniav