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HomeMy WebLinkAbout75 - To Form a Vehicle Parking DistrictORDINANCE NO. 75 AN ORDINANCE DECLARING THE INTENTION OF TEE CITY COUNCIL OF THE CITY OF COSTA MESA TO FORM A VEHICLE PARKING DISTRICT IN THE INCORPORATED TMITORY OF COSTA MESA, ORANGE COUNTY, CALIFORNIA, AND TO ACQUIRE PARKING PLACES PURSUANT TO THE VEHICLE PARKING DISTRICT LAW OF 1943. WHEREAS, there has heretofore been filed with the City Clerk of the City of Costa Mesa a petition for the formation of a Vehicle Parking District in the incorporated territory of Costa Mesa, for the acquisition of parking places pursuant to the Vehicle Parking District Law of 1943, and a waiver of the investigation proceadings under the Special Assessment Investigation, Limitation and Majority Protest Act of 1931; WSEREAS, the City Clerk of the City of Costa Mesa has presented said petition to this Council, together with his certificate certifying that said petition is signed by owners of land in the proposed Vehicle Parking District, as shown by the last equalized assessment roll of the County of Orange, owning lands of an assessed value of not less than 20% of the total assessed value of all lands in the proposed district, as shown by the last equalized assessment roll of the County of Orange, and by the owners, as shown by the last equalized assessment roll of the County of Orange, of more than 60% in area of the property included within the proposed district; NOW, THEREFORE, the City Council of the City of Costa Mesa does ordain as follows: SECTION 1. The City Council hereby finds that said petition is signed by the requisite number of qualified signers in accordance with the provisions of the Vehicle Parking District Law of 1943, and that all the owners of more than 60% in area, as shown by the last equalized assessment roll of the County of Orange, of the property included within the proposed district have signed said petition, waiving the investigation proceedings under the Special Assessment Investigation, Limitation and Majority Protest Act of 1931. SECTION 2. The City Council hereby finds and declares that the public interest and necessity require the acquisition described in the petition and that the property proposed to be acquired is necessary for the purpose stated therein; and this Council hereby declares that it is its inten- tion to form said vehicle parking district and to acquire the lands requested by said petition. SECTION 3. The number and designation of the proposed district shall be: "Vehicle Parking District No. 2 of the City of Costa Mesa". SECTION 4. A general description of the exterior boundaries of the proposed district, which is wholly within the incorporated territory of the City of Costa Mesa, is as follows: Beginning at the Northeasterly corner of Lot 1, Tract No. 428, as shown on a map thereof, recorded in Book 17, Page 23 of Miscellaneous Maps, records of Orange County, California; thence Southerly along the Easterly line of Lot 1 and the Easterly line of Lots 2,3,4,5 and 6 of said Tract No. 428, The Easterly line of said lots being the Easterly line of said Tract Ido, 428; thence Westerly along the South line of Lot 6 to the Southwesterly corner of said Lot 6; thence Northerly along the Westerly line of Tract No. 428 to the Northwest corner of said Lot 1 of said Tract No, 428; thence Northerly along the Nor- therly prolongation of the Westerly line of said Tract No. 428 and the Westerly line of Lots 1 and 2 of Tract No. 809, as shown on a map thereof, recorded in Book 24, Page 25 of Miscellaneous Maps, records of Orange County, California, to the Northwest corner of Lot 2 of said Tract No. 809; thence Easterly along the Northerly line of said Lot 2 to the Northeasterly corner thereof; thence Souther - 16 along the Easterly line of Said Lot 2 and Lot 1 of Tract No. 809, to the Southeasterly corner of said Lot 1; thence Southwesterly in a direct line to the Northeast corner of Lot 1 of Tract 428, said Northeast corner of Lot 1 being the point of beginning. SECTION 5. A general description of the lands to be acquired for parking places, all of which are wholly outside the proposed district, is as follows: All of the following described parcels Beginning at the Northeast corner of Lot 1, Tract No. 428, as shown on a map thereof, recorded in Book 17, Page 23 of Miscellaneous Maps, records of Orange County, California; thence Southerly along the Easterly line of said Tract No. 428 to the South- east corner of Lot 6 of said Tract No. 428; thence Southerly along the Southerly prolongation of the said Easterly line of Tract 428 through Lot 20 of Block A, Tract No. 18, as shown on a map thereof, recorded in Book 9, Page 20 of Miscellaneous Maps, records of said Orange County, to an intersection with the Southeasterly line of said Lot 20; thence Northeasterly a- long the said Southeasterly line of Lot 20 to the Northeasterly corner thereof; thence Westerly along the Northerly line of said Lot 20 to a point 25.00 feet Easterly of the Southeasterly corner of said Tract No. 428; thence Northerly through Lot 18 of Block A of said Tract No. 18 along a line parallel to and 25.00 feet Easterly of the Easterly line of said Tract No. 428, to the Northerly line of said Lot 18; thence Westerly along the said Northerly line of Lot 18, 25.00 feet to the point of begin- ning. EXCEPT the Westerly 7 feet thereof. SECTION 6. A general description of the lands and rights of way to be acquired as streets and alleys for ingress to or egress from the proposed -2- parking places is as follows: (a) The Westerly 7 feet of the following described parcel: Beginning at the Northeast corner of Lot 1, Tract No. 428, as shown on a map thereof, recorded in Book 17, Page 23 of Miscellaneous Maps, records of Orange County, California; thence Southerly along the Easterly line of said Tract No. 428 to the Southeast corner of Lot 6 of said Tract No. 428; thence Southerly along the Southerly prolongation of the said Easterly line of Tract 428 through Lot 20 of Block A, Tract No. 189 as shown on a map thereof, recorded in Book 9, Page 20 of Miscellaneous Maps, records of said Orange County, to an intersection with the Southeasterly line of said Lot 20; thence Northeasterly along the said Southeasterly line of Lot 20 to the Northeasterly corner thereof; thence Westerly along the Northerly line of said Lot 20 to a point 25.00 feet Easterly of the Southeasterly corner of said Tract No. 428; thence Northerly through Lot 18 of Block A of said Tract No. 18 along a line parallel to and 25.00 feet Easterly of the Easterly line of said Tract No. 428, to the Northerly line of said Lot 18; thence Westerly along the said Northerly line of Lot 18, 25.00 feet to the point of beginning. (b) The Easterly 10 feet of the following described parcel: Beginning at the Northeasterly corner of Lot 10 Tract No. 428, as shown on a map thereof, recorded in Book 17, Page 23 of Miscellaneous Maps, records of Orange County, California; Thence Southerly along the Easterly line of Lot 1 and the Easterly line of Lots 2,3,4,5 and 6 of said Tract No. 428. The Easterly line of said lots being the Easterly line of said Tract No. 428; thence continuing Southerly along the southerly prolongation of the Easterly line of said Tract No. 428, through Lot 20 of Block A, Tract No. 18, as shown on a map thereof, recorded in Book 9, page 20 of Miscellaneous Maps, records of said Orange County, to an intersection with the Southeasterly line of said Lot 20 of Block A of Tract No. 18; thence Southwesterly along the Southeasterly line of said Lot 20 to the most Southerly corner thereof; thence Northerly along the Westerly line of said Lot 20 of Block A of Tract No. 18 and along the Westerly line of Tract No. 428 to the North- easterly corner of said Lot 1 of Tract No. 428; thence Easter- ly along the North line of said Lot 1 to the point of beginning. SECTION 7. That no lands and rights of way are to be acquired as streets and alleys for ingress to or egress from the parking places to be acquired. SECTION 8. An estimate of the cost and expense of the proposed acquisition and improvement is Twelve Thousand Dollars, ($12,000.00). SECTION 9. An assessment will be levied pursuant to Part 1, Division 18 of the Streets and Highways Code of the State of California, to pay the costs and expenses of the acquisition and improvement. SECTION 10. Bonds will be issued and sold, pursuant to Part 1, Division 18 of the Streets and Highways Code of the State of California, representing upon each lot or parcel of land all assessments remaining unpaid after the expiration of thirty days from the date of recording of the assessments. -3- The term of the bonds will be nineteen (19) years from the second day of January next succeeding the 15th day of October following the date of the bonds. Interest shall not exceed 6% a year, payable semi-annually by coupon, on the 2nd days of January and July, respectively, in each year following the date of the bonds. The redemption provisions of said bonds shall require the payment of a premium of 3% of the unpaid principal, and the words "together with a premium of 3% of said unpaid principal shall be added to the redemption clause of the bonds issued. SECTION 11. Monday, the day of February, 1955, at the hour of 7:30 o'clock p.m., in the chambers of the City Council, at the Justice Court of Newport Beach Judicial District, 567 West Eighteenth Street, Costa Mesa, Califor- nia, is hereby fixed as the time and place for the hearing of protests to the things herein proposed to be done, the extent of the proposed district, or both. SECTION 12, The City Manager of the City of Costa Mesa is hereby directed to cause copies of this ordinance, headed: "Notice of Formation of Vehicle Parking District", in letters at least one inch in height, to be posted upon all open streets within the proposed district. The notices shall be not less than three hundred feet apart and shall be posted at least thirty days prior to the date herein fixed for the hearing of protests. SECTION 13. The City Clerk of the City of Costa Mesa is hereby directed to mail a copy of this ordinance, postage prepaid, to each person to whom land in the district is assessed as shown on the last equalized county assessment roll, at his address as shown upon the roll, and to any person, whether owner in fee or having a lien upon, or legal or equitable interest in, any land within the dis- trict, whose name and address and a designation of the land in which he is interested is on file in the office of the Clerk. SECTION 14. This ordinance, together with the names of the members of the City Council voting for and against the same, shall be published once a week for two successive weeks in the Costa Mesa Globe Herald, a newspaper printed and published in the County of Orange. The first publication shall be not less -4- than thirty days prior to the date fixed herein for the hearing of protests. This ordinance shall take effect -upon the completion of publication. ATTEST: City Clerk of the C of Costa Mesa 7 'U11ty of Costa mesa ar O `11,1( t L,