HomeMy WebLinkAboutCC RES 78-063:1.
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RESOLUTION NO. 78-63
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, of the City of Tustin, California, hereby resolves as
follows'
1. The City Council finds and determines and hereby declares that'
A. The public interest and necessity require the acquisition,
construction and completion by the City of Tustin of a public improvement,
namely, a public city street and highway and bicycle trail.
B. 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", attached hereto and incorporated herein by this reference.
C. That each of said properties is a part of a larger parcel,
which said large~ parcels are more particularly described in
Exhibit "B", attached hereto and incorporated herein by this reference.
· D. That the location and general route of the public street and
highway and bicyc.le trail to be acquired, constructed and completed by ......
the City of Tustin is shown on Exhibit "C", attached hereto and
incorporated herein by this reference.
E. Said proposed public improvement is planned and located in a
manner that will be most compatible with the greatest public good and
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the least private injury.
F. That the public interest and necessity require the acquisition
of the aforesaid parcels of real property, and interests therein, for
a public purpose, namely for public street, highway and bicycle trail
purposes, and such other public purposes as may be authorized by law.
G. The property described hereinabove is necessary for the subject
project.
H. A hearing was dt, ly called, noticed and held by the City Council
on May 15, 1978, pursuant to the provisions of Code of Civil Procedure,
Section 1245.235; notice of such hearing was given to the owner(s) of
the property described hereinabove of the intent of the City Council to
adopt this resolution and of the necessity of the filing of a written .....
request to appear and be heard; said notice was sent by First Class mail
more than fift'een (15) days prior to the date of said hearing. At the
time and place of said hearing the City Council heard all persons who
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EXHIB IT "A"
PROPERTY TO BE ACQUIRED
NEWPORT AHFP PROJECT NO. 906
RIGHT-OF-WAY DESCRIPTIO:~ FOR PARCEL
NO. 62-122-05 & 62-2 71-02 & 03
That portion of Blocks 20, 21, 33 and 34 as shown on a map thereof
of a part of Tustin City recorded in Book 4, Pages 218 and 219 of
Miscellaneous Records of Los Angeles County, California, described
as follows:
Beginning at the point of intersection of the north-
easterly right-of-way line of Laguna Road with the
northwesterly right-of-way line of Newport Avenue as
said right-of-way lines are shown on a map filed in
Book 14, Page 12 of Records of Surveys, Records of
Orange County, California; Thence, N. 39° 51' 30"
E., a distance of 55.02 feet; Thence, N. 50° 08' 30"
W.,.a distance of 9.00 feet to the point of inter-
section with a line parallel to and 39.00 feet north-
westerly of, as measured at right angle~ from, the
centerline of Newport Avenue as said centerline is
shown on said map, said poin~ of intersection being
the true point of begi~ni~ng cf the parcel to be
described; Thence,.N. 39° 51' 30" E., along said
parallel line a distance of i588.88 feet to the poJ. nt
of intersection with that cer-ain course having a
bearing of N. 28° 32' 12" E., as described in a deed
to the County of Orange recorded in Book 9172, Page
406 of Official Records of Orange County, California;
Thence, N. 28° 32' 12" E., along said course a distance
of 20.38 feet to the point of intersection with a line
parallel to and 43.00 feet ncrthwesterly of, as
measured at right angels from, said centerline of.
Newport Avenue; Thence, S. 39° 51' 30" W., along last
mentioned parallel line a distance of 1608.86 feet;
Thence, S. 50° 08' 30" E., a distance of 4.00 feet to
the true point of beginning.
AREA = 6395 SQUARE FEET
EXHIBIT "A"
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EXIIIBIT "B"
LARGER PARCEL OF i~qlICH PROPERTY TO BE ACQUIRED IS A PART
Beginning at the .intersection of the Westerly line of
Newport Street with the Southerly line of 4th Street;
thence Westerly along said Southerly line of 4th Street
270 feet more or less to the boundary line ' between Lots
33 and 20 in the Town of Tustin, as per map recorded in
book 4, page 219, Miscellaneo~,s Records of Los Angeles
County; thence at right angles Southerly 50 feet more
or less to a point 175 feet distant measured at right
angles Westerly from said West'erly line of Newport
Street; thence Southerly, parallel to said Westerly
line of Newport Street and at a uniform distance of
175 feet Westerly therefrom, 1570.9 feet more or less
to the Northerly line of Laguna Road; thence at right
angles Easterly along said Northerly line of Laguna
Road 175 feet to the Westerly line of Newport Street;
thence at right angles Nortberly along the Westerly
line of Newport Street 1782.5 feet more or less to
the point of beginning.
NOTE' Said lahd is described on the County Tax Assessment
Roll for the fiscal year 1974-75 as A.P. No. 62-122-5;
62-271-2&3; CA 13-000.
Carried on Public Utility Rolls as 991-872-00, covering
said ].and and other land.
EXHIBIT "B"
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appeared and wished to be heard on t~is matter. .
2. The City Council hereby authorizes and directs James G. Rourke,
City Attorney of the City of Tustin, to institute eminent domain proceedings'
i,l the Superior Court of the State of California for the County of Orange
for the purpose of acquiring in the name of the City of Tustin an easement
in, on, over and upon the herei~above-described real property, and interests
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.
PASSED AND ADOPTED at a regular meeting of the City Council, City of
Tustin, California, held on the 15th day of May, 1978. , 197~_.
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ATTEST-
CLERK'
I, Ruth C. Poe, City Clerk, City of Tus'tin, DO HEREBY CERTIFY THAT the
foregoing Resolution was duly and regularly passed and adopted by said
City Council at a regular meeting thereof held on the 7_~'~f~day of
~j~_~ ~ , 197~ by the following vote'
AYES'
NOES'
ABSENT'
Councilmen'krELSH, SCHUSTER, SHARP, SALTARELLI, KENNE~
Councilmen' NONE
Councilmen' NONE
CI Y OF TUSTIN
5~].0~78
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EXHIBIT "C" Page 1
EXHIBIT
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