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Home My WebLink AboutCC RES 79-212 6 8 10 !2 2O 2~ ~5 26 2? 28 ~9 ;5O 51 RESOLUTION NO. 79-21 A RESOLUTION OF THE CITY COUNCIL, CITY OF TUSTIN, CALIFORNIA, FINDING AND DETERMINING THAT PUBLIC INTEREST AND NECESSITY REQUIRE, AND ORDERING, THE ACQUISITION BY CONDEMNATION OF CERTAIN PROPERTY FOR PUBLIC PURPOSES. The City Council, o't' [he City of 'rust. in, California, hereby resolves as follows: . The City Council finds and determines and hereby declares that: A~ The public interest and necessity requi.:'e the acquisition, con- struction and completion by the City Council of a public improve- ment, namely, a public city street and highway. The public interest and necessity require the acquisition, for and in connection with said public improvement, of parcels of the real property, and interests in real property, described in Exhibit "A", pages 1 and 2, attached hereto and incorporated herein by this referencel said parcels are as shown on Exhibit A, Page 3, attached hereto and incorporated herein by this reference. Thab each of said properties is a part of a larger parcel, which said ia~ger parcels are more 9articularly described in' Exhibit "B" attached herefo and incorporated herein by this reference. Ft. That the local,on and general route of the public street and highway to be acqui_~ed, constructed and completed by the City Council is shown on' Exhibit "C", attached hereto and incorporated herein by this reference. Said proposed puulic improvement is planned and located in a manner tha~ will b¢ most compatible with the greatest public good and [he least private injury. That the public interest and necessity require I:i]e acquisition of the aforesaid parcels of real property, and interests therein, for a public purpose, na:..-qeiy for public street and highway purposes,. and such other public purposes as may be authorized by law. The property described hereinabove is necessary for l:l~e subjecl: project. A hearing was duly called, noticed and held by the City Council on March 5, 1979, pursuant to the provisions of Code of Civil Procedure, Sect]on 1245.235; notice of such hearing was given to the owner(s) of the property described hereinabove of the intent of the City Counci! to adopt this resolution and of the necessity of. the filing of a v¢:-,.'tten request to app~ac and be heard; said notice was sent by First Class mail more than fifteen (15) days prior to the date o'I~ said hearing. At the time and place o.f said hearing the City Council heard alt persons who appeared and wished to be heard on this matter. 2. The City Council hereby authorizes and directs 3ames G. Rourke, City Attorney, to institute eminent domain proceedings in the Superior Court. of the State of California for the County of Orange in~ on, over and upon the hereinabove- d~scribed real property, and inte?ests in real property, by condemnation proceeding or proceedings in accordance with the provisions of the statutes and constitution of the State of California relating to eminent domain. 2 PASSEE) AND ADOPTED at. a regular meeting of the City Council, City of Tustin, California, held on the 5th day of 1979. ATTEST: C~TY CE"E RK 3GR:se:D:2/ 3GR:se:R:2/20/7f~ T/2Res/Con Prop D:12 Zl 25 25 26 2? 28 29 3O ~2 oe EXHiBiT A, Page 1 LEGAL DESCRIPTION S I XT}! STREET EX I Er,~ t Obi ~OR T~IE CITY OF ~USTIN P~6ctor Parcel Number I -- Property To Be Acquired .. · That portSon o.-- Lot "A" of the South Tustin Tract as shown on a map recorded. 5n Book 1, Page 99 of ,~iscellaneous .records of Oranoe.~ Count7, California, and.descrSbed 5n a Deecl to C. LEWIS PROCTOR and O.R. PROCTOR as parcel 3 recorded Becember 28, 1967 5n Book 8477, Page 746 o£ O~f±cial Records o£ said County and State described as follows' P 14, Page !2 of point bears Sou 1 i'n.- inter~'~cn "D:: Street) a!o r. "~ d Sixth 0~. f O S egi'nning -at the oint of Beginnin Re th est 1-;ne of said eet a ra.di- ~ b est; thence Ezst = ~7~ ~ _ 25' 03" an Southwest'. come g also being sh cord of Surveys 89° 48' 00" We o_. Sixth Stree the centerline -- ' thence, Nor parcel 3, 60.9 cave Southe aring to sai erly aJ. ong s arc length e of said pa r of said 0~.~1 on 2 of said st 755.10 t and B1 and the t}: 0° 14' 3 feet to asr d p aid of reel parcel 3 said map recorded in Book County and State, said-'. feet fro~a t}~e c'enter- Camino Real (formerly centerline prolongation 30" West along a point on a non- erly having a radius of 300.00 oint bears Nort]~ 20° 40' curve t]~rot~gh a central angle 91.20 feet to a point on the 5 and the Northwesterly line of the SourP-~:--~ Pacific Raj said Record of Sur'v.ey B'ook sa~d point bears North 3~ 1 Uest along said Southeaster a ~oint on a non- a radius o~ ~.eO.0 North 18 ~8' 52" a central angle o point on t]~e ~ast ra~ial bearing to South 89° 48' 00" feet to t]~e Poi]%t tangent cu 0 feet, a r West; then f '4 ° 51' 43 erly prolon said point West along o f Beginni F. xl~ibit "A" being this descript io:~.. lroad Station group,ds as shown on 14, Page 12, a radial bearing to 4' S7" West; ~hence South 39° 51' 30" ' ly line of parcel 3, 94.24 feet to rye, concave Sout]~eastcrly, having adial bearing to said point bears ce Westerly alo~g said curve through "an arc length of 20.37 feet to a gation of said .centerline of Sixth Street, bears North 2.5° 40' 35" West; thence said centerline prolongation 9.25. - a map attached hereto and ntadc a part hereof · Said parcel contains 0.086 acres (3747.537 square feet). YESTING' C. Lewis A.P. # 062-271-01 Proctor and O.R. Proctor'. EXHIBIT A, Page 1 EXHIBIT A, Paqe 2 LEGAL DESCI(I PTION S I XTtl STREET. EX'FENSION ' FOR TIlE o CITY OF TUSTIN Proctor Parcel Number 2 -- Property to be Acquired That portion of Lot "A" of the South Tustin Tract as sl~own on a map recorded in Book 1, Page 99 of Miscellaneous Maps, records of Orange County, California, and described in a Deed to C. LEWIS PROCTOR and O.R. PROCTOR as parcel $ re~orde& December 28, 1967 in Book 8477, Page 746 of Official Records of said County and State described as follows' . ~eginning at the SouthweSt corner of said parcel 3 said Point of. Beginning also being shown on a map recorded in Book 14, Page '12 of Record of Surveys of said County and State, said oint bears South 89° 48' 00" West 755.10 feet frown the center- ~ine intersection'of Sixth Street and E1 Camino Real (formerly 'q'D" Street) zieng the centerline and the centerline prolongation ef said Sixth Street; tl~ence Nortt~ 89° 48' 00" East 9.25 feet alo~o' s='~ ~n¢'=~~ne prolongation to a point on a no~-tang'ent curve concave Soutl~easterly, having a radius of. 240.00 feet, - .~, .=ar' g to said point bears North 23° 40' 35" West, ~ tad' al h- sa~d noin- b=' ,= the True Point of Beginning; thence' Easterl. y . O I a~o~g sa d curve ~hrough a central angle of 4 . S1 43 an ~rc _~ _, ~eet to a point on thh Southe~ster].y line of 1 ~ng ~,h o~ · snid.~arcel $ a=d the Northwesterly line of the Southern Paci. fic R~iiromd s z ~.~ grounds as s]town on said Record of Survey · ~ ~- ~4 ~=~ !~ a radial bearing to said point bears Nort]~ 1S* 48' S'2" West; thence Soutlx 59° Sl' 50" lfest 9.5S .feet along said Sou~hszsterlY line to a point on thc Easterly prolongation of said cen~erline of Sixth Street; rl~ence So~th 89° 4g' 00" West 12.85-feet .along said centerline prolongation to the True P~int of Beginning E>[hibit '"A': being a map a~tached ]tereto ancl made a par. t hereof 'this des'cription- · Said parcel contains 0.001 acres C52.269 square feet). VESTING' C. Lewis Proctor and O.R. Proctor A.P. !~ 062- 271-01 · EXHIBIT A, Page 2 EXHIE3i l- ,'-\, Page 3 Proctor Parcel Number 1 -- Property to be acquirad. Proctor Parcel Number 2 -- Property to be acquired. SCALE f= :~o' EXHIBIT ^, Page 3 EXHIBIT B P:..'~...-tor Parc~.-I l',lu,-nb~rs .i. and 2 -- la?gar parc~;l of which PAt%GEL 1' A portion of Lot "A" of the "S. Tustim Tract", im the City of Tustin, as shown on a map recorded in book 1, page 99 of Miscellaneou~ }laps,. records of Orange County, Califo~a.'ia, and more particularly described as follows- Beginning at the Northeast corner of said Lot "A", sai~ point being iq . the South line of Main Street (80 feet wide, formerly Fourtk Street); thence from said. point of beginning South 0° 07' 10" East along the East line of said Lot "A", 50.00 feet to a point; thence South 39° 51' 30" West along the Southeasterly line of said Lot "A" and the No'rrh~esterly line of the Southern Pacific Raliroad Station Crottnd~, 396.07 fe~t t.o a polar; thence North 50* 08' 30" IJ~st.93.27~ feet to a point:~ thence l:[or'th . 0° 14' 30" h'est 293.60 feet to a point in the l~o°rth line of said Lot' "A"; ,_hence ~.~o..~.a 89 52' 50~' East along the };or'th lin~-.of said Lot ':A'*- 326 55 f ,~' *-~ ~' . e_~ to ~ne point of beginning. ;-.- " · . · -~x.~.E-w.~ 2- That c~r'ta~n parcel, of l~nd be~ * - -no a portion of Block i~A" of "S. Tustin Tract", in the City of Tustin, as sho-~z on 'a map recorded tm · book !, page 99 of >."k"scel!aneous t~aps~ records of Orange County, California, · =----~a~I ~ascribed'as follows- . . ~n,~g a~ a point in the .~.iorth line o~.. said Block "A" (which line is also the South line ,f M~in Street, 80 feet uide,, formerly Fourth Street) which.~ears So,_,.-zi~ ~-¢' 52' 50" West a distance of 326.55 feet from the }Tortheast co,er ~f Block "A"; thence South 0° 14' 30" Eas~ 293 60 feat; t~en-~ South 5n' ~' ~" - ' ..... ,~ 0c, 3o East 93.24 feet; thence South 39*' 51' 30'~ West: !g0.00 feet along tlxe ~'~orthwas~er!y line of the Sout. hera Pacific Railroad · Company*s Stat=om Grsunds; thence ~-rorth 50° 05' 30~: ~Yast 255.42 feet; thence ~;'o~h 0° 21.4: 30° West 327.33 feet to the l~o~ch line of Block:'~A', and th~ South lima of 'l~in Stre t; thence ,qorch 89 52 '50 East 240.00 fe~ along said South line of ~fain Street to the point of beginrG, ng.. o Pg~~ 3' A po.~-tion of Lot '"A" of the "S. Tustin Tract", i~ the City of Tustin, as sho-~'~ on a map recorded in book 1, page 99 of 145-scellane6u_q M-~os,~. records of 0.--~~~..~o_ County, Califo~.ia> an~ ~ore particularly described. as follows: ' Begi~_.nlng at a point in'the Northwesterly line of the S~ation Grounds of the Southern Pacific Railroad, as shown oa said map of S. Tustin Tract, which point is the most Southerly corner of that certain parcel of land conveyed to ~. F Crav'-s and George '~ow!ey by deed record~_¢l ' ' " - 1944, in book 1236, page 278 of-Official Records, and running thence from said. point, of begi.rming South. 39°. 51' 3.0" ~'es.t along the }~orthwasterlj line of said'Southern Pacific Station Grounds, 269.02 fee~ to the most Easterly corner of that certain parcel of land conveyer to Willi~ Bowman and wife, By Deed recorded Hay 23, 19~4, in book 1248, page 570 'of Official Records, thence South 89° 4.0' 00" West along the. Northerly line of said parcel of land, 22.10 feet to a point; thence l[orth 0° 14' 30" l;~lest 370.30. feet .to'a point, said point Being the Southuesterly corner of the said parcel conveyed to I~ F. C~aves' and George Howley by '-- deed recorded l{ay 23, 1944, in book 1236, page 278 of Official Records; thence Sout~ 50* 08' 30" East along, the Southwesterly line of t~te laud conveyed by said las.t mentioned deed, 255 '62 ~eet to the point o~ beginning. . Said land .is also shown on a map of survey recorded in book 14~ at page 12 of Record of Surveys, 'in the Office Of the County t{ecorder of said - ~--.% ~! ~r' ~ ~'~- .-~ SCALE 40' ' SIXTH STREET EXHiBiT C. Location.. ..and General.. P, oule of Public. .... Street and Highv~y "7£$.1~' EXHIBIT C ~ ' B.S.I. 033-0'03 February 12, 1979 Claude Lewis and Harriet Lee Flint Proctor 1241 North Mayapan Road La Habra, California 91945 Reference. Parcel No-062-271-01 Project' Tustin 6th Street Extension Dear Mr. and Mrs. Proctor' On December 6, !978, we offered you $13,555.00 for the purchase of your property loc~:~ .on the south side of Main, 186' west of Newport Avenue in ~'~ ~ 6th. Stre.=t_ ~x~:nsion~ ~. Redevelopment Project in the City of Tustin, Cali farnia. Since ~:_~e,.,~rn~ ~.~: ~,~ !978, we have negotiated with you for the purchase of your property. O~'r negotiations to date have been unsuccessful. The'.~efore, you are iqereby notified that the City of Tustin intends to a~..s~t a resolu~..~on e~ necessity to acquire your property by condemnation at a hearin§ to be 'eld on Harch 5, 1979 at 7'30 P.M. in the C.ity Cou~cii Chamber_~, Sentennial at Main. You have the right to appear at ~ ' ~. ~: heard on the following issues the nearing nd : a. Whether the public interest and necessity require the project. b. ~'hether the project is planned and located in the manner that w~ll be most compatible with the greatest public good and least private injury. c. ~hether the property sought to be acquired is necessary for the project. " · NOTICE' Should you fail to file a written request to be heard at this hearing within 15 days of the date of this letter, the City of Tustin may determine not to hear or consider any evidence which you may have to present. We remain ready at any time to settle this matter based on our offer to you. Sincerely, _ , , _~~~ · ini~ an B~anken ip DB' AB' ss City Center Centennial at Main Tustin, California 92680 (714) 544-B890 STATE OF CALIFOP~NIA ) COUNTY OF O}h~NGE ) SS CITY OF TUSTIN ) RUTH C. POE, City Clerk and ex-officio Clerk of the C~ty 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. 79-21 was duly and regularly introduced, passed and adopted at a regular meeting of the City Council held on the 5tl~ day of ~4arch , 1979 by the following vote: - ' NOES- COU7~CII2.~EN: SCHUSTER, SALTARELLI, WELSH, SHAPdP, KENNRDY _ ~_,_. COLq'.iCiL~iEN: NONE RUTH C. POE, Ci~ky Clerk~, Ci[y of TUSti~' Californi~a