HomeMy WebLinkAbout901 - Authorizing Condemnation portion of Lot 7, Block D, Tract 6123'd)
RESOUITION NO. 901
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, FINDING, DETMIINiNG AND DECLARING THAT THE
PU33LIC INTEREST AND NECESSITY REQUIRE THE ACgJISITION OF A
CERTAIN EASEMENT AND RIGHT OF WAY FOR ALLEY AND STREET
PURPOSES, AND AUTHORIZING ACQUISITION OF SAID EASEMEN AND
RIGHT OF WAY BY CONDEMATION, AND DIRECTING THE CITY ATTORNEY
TO PROCEED WITH SUCH ACTION.
WHEREAS, the City of Costa Mesa proposes to open up a right of way
for alley and street purposes along and across the property hereinafter
described, and
WHEREAS, it is for the public interest and necessity to acquire
the easements and rights of vay for alley and street purposes.
NOW, THEREFORE, the City Council:of the City of Costa Mesa does
hereby find, determine, order, declare and resolve as follows:
SECTION 1. That the public interest and necessity require the
acquisition by the City of the hereinafter described rights of way for
alley and street purposes.
SECTION 2. That said proposed acquisition is planned and located
in a manner which will be the most compatible with the greatest public
good and the least private injury.
SECTION 3. That said City proceed, and it is hereby authorized,
directed, and empowered, and Donald Dugan, the City Attorney of said City,
is hereby authorized, directed and empowered as follows:
(a) To acquire in the name of the City of Costa Mesa the
real property, interest in real property, and the easement and right of
way in real property hereinafter expressly described, in and to the said
hereinafter described real property, or interests in real property, by
condemnation, in accordance with the provisions of the Government Code,
the Code of Civil Procedure, and the Constitution of the State of California
relating to Eminent Domain.
(b) To prepare and prosecute, in the name of the City of
Costa Mesa, such proceeding or proceedings in the proper Court having
jurisdiction thereof, as is necessary for such acquisition.
(c) To make application to said Court for an Order fixing the
amount of such security in the way of money deposit, as said Court may direct
Mej
and for an Order permitting said City to take immediate possession and use
of said real property, interests, easement and right of way in real property,
as a right of tray for alley and street purposes.
(d) To make deposit of such security out of proper funds of
said City, in such amount so fixed and determined, and in such manner as
said Court in which said condemnation proceedings are pending may direct.
SECTION 4. The real property, or interests in real property, or
existing improvements, which the City Attorney of the City of Costa Mesa
is authorized and directed to acquire in the name of the City, is hereinafter
described:
"As to all of the following described real property, or interest
in real property or existing improvements, the interest to be acquired as to
each parcel shall be a perpetual easement and right of way for alley and
street purposes."
Said real property, or interest in real property, or existing
improvements, to be so acquired by condemnation as the easement and right
of way for alley and street purposes, are situated in the County of Orange,
State of California, and are more particularly described as follows:
"The Westerly 20.00 feet of the westerly 100.00 feet of Lot 7,
Block D, Tract No. 612, as shown on a map thereof recorded in
Book 20, Pages 1 and 2 of Miscellaneous Maps, Records of Orange
County, California.
SECTION 6. That the City Clerk shall verify the adoption of this
Resolution.
ADOPTED, SIGNED AND APPROVED this 6th day of November, 1961.
ATTEST:
40.7 410.01: -
City C er of the City of Costa Mesa
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Costaof
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF COSTA MESA )
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I, A. C. SWARTZ, City Clerk and ex -officio Clerk of the City Council
of the City of Costa Mesa, California, do hereby certify that at a regular
meeting of the City Council, City of Costa Mesa, California, held on the
6th day of November, 1961, the foregoing Resolution No. 901 was considered
and that said Resolution was then passed and adopted as a whole by the
following roll call vote, to -wit:
AYES: Councilmen Wilson, Rea, Pinkley, Smith, Meyers
NOES: Councilmen - None
ABSM: Councilmen - None
IN WITNESS WHEMF, I have hereunto set my hand and seal this 7th
day of November, 1961.
City Clerk and ex -o cio Clerk o
the City Council, City of Costa Mesa,
California
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Chief Deputy City Clerk