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HomeMy WebLinkAboutORD 678A (1976) 108 ORDINANCE NO. 678 - A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 2 TUSTIN, CALIFORNIA, APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY, DESIGNATED "WALNUT- 3 NEWPORT-MITCHELL ANNEXATION NO. 93" TO THE CITY OF TUSTIN, CALIFORNIA. 4 " 5 The .City Council of the City of Tustin~ California. does ordain as follows: WHEREAS. pursuant to the provisions of the Government 7 Code of the St'ate of California,-application was made. to the 8 Local Agency Formation Commission to. annex to the City of Tustin- '~: all that territory situate in the County of Orange, State of -_~ 9 California, hereby designated as "Walnut-Newport-Mitchell Annexati No. 93", and described in E~ibit "A" attached hereto and incor- "~"-' 10 porated herein by this reference- as though set 'forth herein in' ~ ' full; :' '::.!~.- ~H~.:EEAS, the Local Agency' Fo~atLon Co~miss'~on, in .. -, :~_'.,:'. ....12sessio~ duly assemb!ed, on ~an~a~y:i4, 19.76, did adop.~-the. :":,7 ,- negative declaration and approve said proposed annexation; a~d ":' ': 13 ~:EREAS, the City Council hereby ~inds 'a~d detez~es 14 that a!l of' the territoz~_. is ~ni~L~abi~ed within the-meaning. o~ Government Code Section 35303, and f_~at sai~ teariron2: is con-- 1~ tiguous to the City of ~st~n;' a~d .... _ -~.. , . WHEREAS, on' the !9th day of January 1976,- the- Council. i ~ 18 of the City of Tustin did pass and adopt Resolution No. 76-7' .... 17 giving notice of the proposal to annex certain uninhabited territ- ory to the City of Tustin, said territory being. therein. desig- "' 18 nated as "Walnut-Newport-Mitchell Annexation No. 93",- said ..= ..- Resolution describing the boundaries of the territory proposed .:< 19 to be -annexed; and . ~ _ ~-,.. 20 WHEREAS, said Resolution contained a notice of the ~ day, hour and place when and where the Council of the. City of -'.=. 21 Tustin would hear protests made by any person owning real propert~ within the territory proposed to be annexed', the time'of said 22 hearing being prescribed by law; and '=~"' 23 WHEREAS, on the tst day of March, 1976, at the hour of 7:30 o'clock, P.M., in the ~Council Chambers, Centennial at 24 Main in the City of Tustin, County of Orange, State 'of California, said time and place heine ~he day, _hour and place fixed in said 25 Resolution for hearing protests to the said annexation, the- said City Council did hear ~nd pass upon any and all protests 28 made to the proposed annexation and did determine that insuf- ficient protests had been made by the owners of the privately 27 and publicly owned territory proposed to be annexed as determined -- by said legislative body; and 28 ~H~EREAS, said territory is contiguous to the City of. 29 Tusti~ and is uninhabited territory in the County of Orange; and 30 WHEREAS, tl~e prop~r~y within the annexed territory shall be taxed to pay the indebtedness and liability of the City- 3~ contracted to or existing at the time o,_= annexatiop. 32 -NOW,. THEEFOE,-the said Cou~cil of the City of 2 Tuskin. does hereby approve the annexation of the territory hereinafter described to the City of Tustin, and does hereby 3 further ordain' that the annexation of the territory known as "Walnut-Newport-Mitchell Annexation No. 93" shal.! not become- 4 effective before the 15th day of June 1976; and further that City Clerk of .the City Of Tustin is instructed to file this 5 ordinance with the Secretary of State no sooner' than June 15. 1976. That said territory, the annexation of which to 7 the City of. Tustin is hereby approved; is all the territory situate in the Comntv of Orange. State of California, more 8 particularly describe~ in Exhibit "A" attached hereto a~d made a part hereof by this reference --= . That the-.property within the annexed territory- ~'..: I0 shall be taxed to pay the indebtedness and liability of the Ci%. contracted to or existing at the time of annexation. :~:-,-.=_ '11 ':-- PASSED AND ADOPTED at a 'regular m~eting of the ~ :--.- 12 :::/"~=';' " C~ty Council of the C~ty of Tus~, Califo=~ia', held on the ---,, 13 ' -. 14 19th day of April, 1976. ' 15 -. ' 16 ~/.,~j ' " ' 17 18 ..... ., ',,-,~,..,.. , MAYOR . . . :- ~; .,,,, 20 " ': .... | ,'~) , ~ - . '~--~ - 22 "; ......L\ \ ';"' 23 "' 24 25 26 27 28 29 30 " 32 Ei<l'ii3i? ,,?i." LEGAL DESCRIPTION FOR THE 110 WALNUT-NEWPORT-MITCHELL ANNEXATION NO. 93 v TO THE CITY 0F TUGTIN, CALIFORNIA -' PARCEL "A"' Beginning at the point of intersection of the centerlines of Newport Avenue and Walnut Avenue as shown o~ a map of Tract ~o. 5028~ recorded in Book }78, pages 21 and 22 of Misceiianeous Maps, Records of Orange COunty, Cal ifornia; Thence S. 50000'46'' E., along the centerline of Walnut Avenue, .a distance 660.69 feet to the northerly corner of said Tract No 502.8, ..-said corner being the true .p. oig.t. of .b.~ginning. Thence, S.. 39°59'47'' W.', along the northwesterly boundary of said Tract No. '5028, a distance of 660,35 feet to an angle point' in the existing City of Tubtin bdund'ary as established by the NeWport Avenue- Myrtle AVenue Annexation, per Ordinance No. 378, passed and adopted December 18, 1967; '-.' Thence, leaving said northwesterly 'boundary, along the existing City "- of Tustin boundary, as established by the previously mentioned NewpOrt Avenue-Myrtle. Avenue Annexation and the M~'Fadden-Newport Annexation, per Ordinance No. 170, passed and adopted March I9, 1-962,through th~ fol lowing courses: - __-~ -~=; N. 5~°OO'56'' W.., a distance of'710 73 feet; .=~.:.._Thence, N. 40°O0'00'' E., a distance of 700.38 fe~t; -'= Thence~ S'. 50°00'46'' E., a distance of 710.69 feet to the point of intersection with the northeasterly prolongation of the northwesterly boundary of said Tract No. 5028; Thence,. leaving the existing City of Tustin boundary, S. 39°59'47'' "- W., along said prolongation, a distance of 40 O0 fe~t to the true ~: ...... point of. be~innlng. ' . _ PARCEL "B" Beginning at an angle point-in the existing City of Tustin.'boundary as established by the Pankey Annexation per Ordinance No.-99, passed and adopted April 23, 1956, said angle point a}so being a point on the northwesterly line of Block l! of !rvine's Subdivis-ion, as per map recorded in Bo'ok l, page 88 of Miscellaneous-Maps, Records of ':_ Orange County, California; said angle point being distant S.'39°49'4Q'' W., 787..6 feet more or less from the northerly corner of said Block Thence, leaving said northwesterly line of Block lt, along the existin~ .'City of Tusti.n bounda. fy per above mentioned Pankey Annexation through '-.: the following courses: .S. 50010'30" E'.;'a .distance of 40.O0-feet; .Thence, S. 39°49'30'' W., a distance of 499-40 feet; Thence, ~. 50°09'30'' E., a distance of 96.01 feet to an angle point in said City of Tustin boundary, said angle point also being the most westerly corner of Tract No. 18'63, as per map recorded in Book __ page-20 of Miscellaneous Maps, Records of said Orange County; Thence, leaving the existing City of Tust~n boundary, S. 39~50'30'' '- W., along the southwesterly prolongation of 'the most northwesterly boundary of said Tract No. 1863, a alLstance of 33.00 feet to the point of intersection with the existing centerline of Mitchell Aven-ue, said point also being on the northeasterly l~n~ of ~o~ ~, Block o, said lrvinezs Subdivision; Thence, along the existing centerline of Mitchell Avenue and al-ong said northeasterly line of lot 48, S 50o09,30,, r - ~. , a distance of 113.98 feet to the point of ~ntersection with the northeasterly -1- LEGAL DESCRIPTION FOR THE 111 WALNUT-HEWPORT-MITCHELL ANNEXATION NO. 93 TO THE CiTY OF TUSTIN, CALIFORNtA (C0'NT~NUED) .- prolongation of the northwesterly boundary of Tract No.' 5271, as per map recorded in Book |94, pages 14 and 15 of Miscellaneous Naps, ;.ecer~s af s;~i~ Orange C~unt'y; Thence, leaving said centerline of Mitchell Avenue and said north- easterly line of lot 48, S. 39°50~30'' W., along sai~ Prolongation " and said northwesterly boundary of Tract No. 5271, a distance of 335.04 feet to the-westerly corner of said Tract No. 527i, sa'id " -westerly corner also ~eing a point on the existing City of Tustin '~oundary as established by the Fredricks Annexation per Or, d~nance No. 337, passed and adopted Eebruary 6, 1~67; Thence, along the existing"City of Tustin boundary per above mentioned Frearicks Annexation and the McFadden-Newport Annexation per Ordinance No. 170, passed and adopted March ~, 1962, throuoh the following.. courses: N. ~9°20~6" ~'., a djs.~ance o~ 250.0.2 Thence, S.-]~°~]0~ ~., a distance o~ ]29.05 ~ee~; ~ Thericer- S. 50°10~10'' E.., a dlstance'o~ 5.0.00 ~ee~; ' Thence~.~.S. ]~°~9~]0" ~., a distance o~ 60.8~ ~ee~; :. - "-" ~Thence~' S 89°28~.51'' ~,, a- distance of ~1 5~ ~ee~; - ' ' ' " "-.__.Thence, N. ~0~]1~0.~" ~., a-distance of ~0.00 ~ee~ ~o a point'on ~he existing centerline of HcFadden Avenue, said poin~ also bein~ ~he southeast corner of Tract No. ~250, as per map recorded in .Book 151,- pages 15 and 16 oF HjsCellaneous Haps, Records o~ said Orange'County; Thence, along sajd'centerljne o~ HcFadden Avenue, N. 8~°28~51~ E.~ a- ~js~ance of ~87.07 Fee~-to a point, said poln~ being dis~a~ S. 8~°28~51" ~., a distance o~ 122.02 ~ee.t from ~he intersection oF the centerlines of HcFa. dden Avenue and Newpor~ Avenue, said centerline -intersection being the southeast corner of the aJJo~men~ oF N. O.- -' StaF~or~ 'an~ C. Tustjn by final decree in the partition o~ ~he ~ancho '~.- Santiago de Santa Ana, which was entere~ September 12, 1868 in Book B, page ~10 o~'Judgmen~s o.~ the Distric~ Cour~ o~ ~he- 17~h JudjciaJ D_isCrict in and for Los Angeles County, CaJi~ornja; -.' Thence, leaving sai~ centerline oF HcFadd~n Avenue, N. 00°]1 ~09" a djstance of ~0 O0 feet to a point, said poin~ being the point oF " intersection of the northerly righ~ o~ way line o~ ~cFadden Avenue (80 ~ee~ ~ide) and the southwesterly 1The o~ a parcel o~ land described in. en ~f-F-jdavit-Death?~F Joint-Tenant recorded i~ Book 727~,- page. ~80 of' Deeds~ Official Records of said Orange County; Thence, N. 50°10~30'~ W., along saj-d south~.~es~eriy line, s distance of i2i.10 feet to the westerly corner of said parcel of land; Thence, N. .39049.' 30'' E., along the northwesterly line of said parcel of land and along the northwesterly line of those parcels described in the following deeds, recorded in Book 7846, page 923; Book 6872, page-707; Book 7648, page 482; Book 11544, page 877; Book 1188, page 385; and Book 11407, page 683, of Deeds, Official Records of said Orange County, a distance of 574-00 feet to the northerly corner of last mentioned parcel of land, said northerly corner also being the ~esterly corner of Parcel 2, of a 'P~e:~ar~d '~-f: S.b'ryey ~fi l~-~in:,.Bo~k_S75, page 45 of Re~ora bf.':Sur~eys;..'Rec6rdsT6f~said..Ofange..County; ?hence, S. 50°10'30'' E., along the northeasterly line of last mentioned parcel of land and along the southwesterly line of said Parcel 2, a distance of 50.00 feet to the southerly corner of said Parcel 2, sa.i~ southerly corner also being the westerly corner of Parcel I of sai~ Recor'~ - 6f;Survey; -2- LEGAL DESCRIPTION FOR THE WALNUT-NEWPORT-MITCHELL '~,NNEXATION HO. i'0 THE CITY OF TUSTIN, CALIFORNIA (CONTINUED) Thence, leaving said northeasterly line and said southwesterly line, N. 39°49'30'' E., along the southeasterly line of sai'd Parcel 2 and along the northwesterly line of said Parcel 1 and the nor~-heaster~y prolongation thereof, a distance of 185-55 feet to the point of intersection with the centerline of Mitchell Avenue; Thence, N. 50°10'30'' W., along the centerline of Mitchell Avenue, a distance of 14.00 feet to the point of intersection with the south- ~esterly prolongation of the northwesterly line of lots 1 and 2 of Tract No. 519, as per map recorded in Book 17, page 50 of,Migcellaneous Maps, 'Records of said O-ran. ge County; Thence, leaving said cente. r] ine of Mitchell Avenue, N. 39°49'30'' E., along saia prolongation and said northwesterly line, a aistance 300-77 feet to the northerly corner of s'aid lot Thence, S. 49°39'40'' E., along the northeasterly 'line of said lot a distance of'4.00 feet to the westerly corner of the parcel 0f land as shown on a map f~le'd in Book 65, page 6 of Record of Surveys, Records of said Oranges. County; ~...~Thence, N. 39°49'30'' E., along the northwesterly line of of SUrvey, ~ dis.t~nce of 95-43-feet to the point of intersection with the southwesterly line of lot 2 of the Newport Avenue Tract recorded in Book 4, pa~e 76 of Miscellaneous Maps, Records of said ':'~:=0range-County; Thence~. N, ~9°51~08' ~-~ a]on9 said south~es~eriy line, a distance .... ~':~ o.f 181,0~ feet to the ~esteriy corner of said }o~ 2; 'T~ence, S,. 89o56~.15" E,, a]on9 the nor~her}y line o~ }o~s 2 and ~ o~ said Ne~por~ Avenue Tract, a distance o~ ~0.06 fee~ to the poin~ of intersection with the original City o~ Tustin ~oundary as established by incorporation. ~ated September 19, t927; Thence, S, 00°1.3'30' E,~ a}on9 said origina} City o~ Tustin boundary, a distance of 139'.97 feet to the point o~ beginning, . STATE OF CALIFOF~NiA) 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 members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 67~-~. was duly and regularly introduced and read at a regular meeting of the City Council held on the 5th day'of A.oril -, 1976 and was given its second reading and duly passed and adopted at a regular-meeting held on the 19th day of Aori! _1976, by the following vote: AYES: COUNCIL}tEN: EDGARr SHARD; SALTARELLI ~.. WELSH, SCHUSTER ~OES: COUNCIL~EN: NONE ABSENT: COUNCIL~[EN: NONE ' " City 'clerkS-city of Tu~ti-~.:, C'alifornia