HomeMy WebLinkAbout62-14 - Proposed Resolution of Intention for Acquisition of Monrovia Ave and other Streets etc., Consent of Newport Beach'j 74
RESOLUTION N0. 62-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, APPROVING A PROPOSED RESOLUTION OF INTENTION
FOR THE ACQUISITION AND IMPROVEMENT OF MONROVIA AVENUE AND
CERTAIN OTHER STREETS, ALLEYS AND EASEMENTS AND REQUESTING
CONSENT OF THE CITY OF NEWPORT BEACH TO INCLUDE WITHIN
THE BOUNDARIES OF THE PROPOSED ASSESSMENT DISTRICT LANDS
LYING OUTSIDE THE BOUNDARIES OF THE CITY OF COSTA MESA
AND WITHIN THE BOUNDARIES OF THE CITY OF NEWPORT BEACH AND
REQUESTING SUCH CONSENT TO THE PROPOSED WORK TO BE DONE
WITHIN THE CITY OF NEWPORT BEACH.
WHEREAS, the City Council of the City of Costa Mesa, California, has here-
tofore adopted Resolution No. 875 covering the preliminary determination under the
"Special Assessment Investigation, Limitation and Majority Protest Act of 1931,"
determining the general nature, location and extent of the proposed acquisition and
work, and ordering the preparation of a report of said acquisition and improvement,
in the matter of the improvement of Monrovia Avenue and certain other streets, alleys
and easements in said City of Costa Mesa, and territory adjacent thereto, and
WHEREAS, said City Council did heretofore adopt Resolution No. 887 approving
said report and fixing a date of hearing thereon, and
WHEREAS, said hearing was duly held on November 6, 1961, and the said City
Council did on said date adopt Resolution No. 897 determining results of the hearing,
overruling protests, determining that the public interest, convenience and necessity
require certain acquisition, work or improvement, substantially as set forth in the
report, and
WHEREAS, said City Council has adoptee plans, drawings, specifications and map
of Assessment District No. 9 in the matter of the improvement of Monrovia Avenue
and certain other streets, alleys and easements in said City and territory adjacent
thereto, and
WHEREAS, all of said proposed acquisition and work is situated within the
boundaries of the Cities of Costa Mesa and Newport Beach, and
WHEREAS, the City Council of the City of Costa Mesa finds and determines
that the proposed acquisition and work is of such a character that it directly and
peculiarly affects property in both the City of Costa Mesa and the City of Newport
Beach and that the purposes sought to be accomplished by the acquisition and work
can best be accomplished by a single, comprehensive scheme of acugisition and work
and that the land situated in the City of Newport Beach proposed to be assessed
for said acquisition and work or improvement will be benefited by the said pro-
posed work, and
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WHEREAS, it is necessary that the consent of the City Council of the
City of Newport Beach be obtained to the formation of the assessment district
for the inclusion therein of the lands situated in the City of Newport Beach
and to the acquisition and work proposed to be done, all as contemplated and
described in the proposed Resolution of Intention hereinafter approved by
this Resolution.
NOW, THEREFORE, IT IS HEFJW RESOLVED BY THE CITY COUNCIL OF THE CITY
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OF COSTA MESA, CALIKRNIA, AS FOLLOWS:
Section 1. That the City Council of the City of Costa Mesa finds and
determines that the lands situated in the City of Newport Beach proposed to
be assessed and included within the Assessment District, as shown on the
Diagram heretofore approved by said Council, will be benefited by the pro-
posed acquisition and work.
Section 2. That the consent of the City Council of the City of Newport
Beach, California, be and the same is hereby requested to the formation of
the proposed Assessment District to include thein the lands situated in
the City of Newport Beach, California, as shown on the Diagram heretofore
approved by the City Council of the City of Costa Mesa, and the consent of
the said City Council of the City of Newport Beach, California, to the pro-
posed work to be done within the City of Newport Beach, California, described
in the proposed Resolution of Intention, and to the assumption of ,jurisdiction
by the City Council of the City of Costa Mesa for all purposes in connection
with the formation of the Assessment District and the making of said acquisitions
and improvements.
Section 3. That the proposed resolution of intention for said acquisition
and improvement submitted tc this City Council is hereby approved as to form.
Section 4. That the City Clerk of the City of Costa Mesa is hereby directed
to transmit a certified copy of this resolution, and of the attached proposed
resolution of intention, and a copy of the diagram showing the boundaries of the
proposed Assessment District heretofore adopted by this Council and a copy of
Plan No. 10 being the plans, profiles and drawings for the construction of said
~' improvements in Monrovia Avenue and certain other streets, alleys and easements,
heretofore approved by this City Council, to the City Council of the City of
Newport Beach, California.
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PASSED AND ADOPTED this 19th day of February, 1962,
Ir A
Mayor of t y of Costa Mesa
ATTEST:
City Clerk of the City of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF COSTA MESA )
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 the foregoing
Resolution No. 62-14 was duly and regularly passed at a regular meeting of
the City Council of the City of Costa Mesa on the 19th day of February,1962.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal
of the City of Costa Mesa, this 20th day of February, 1962.
City Clerk and ex -officio Clerk of
the City Council of the City of
Costa Mesa, California
By
'Chief Deputy
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RESOLUTIJN 62.14
Exhibit PROPOSED
RESOLUTION NO,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION
TO ORDER THE ACQUISITION OF RIGHTS OF WAY AND
EASEMENTS, GRADING, PAVING, AND OTHERWISE IMPROV-
ING MCNROVIA AVENUE AND CERTAIN OTHER STREETS,
ALLEYS AND EASEMENTS: DECLARING THE ACQUISITION
AND WORK TO BE OF MORE THAN LOCAL OR ORDINARY
PUBLIC BENEFIT, AND DESCRIBING THE. DISTRICT TO
BE BENEFITED BY SAID ACQUISITION AND WORK AND TO
PAY THE COSTS AND EXPENSES, AND FIXING A TIME AND
PLACE FOR HEARING OBJECTIONS TO SAID ACQUISITION
AND WORK,
The City Council of the City of Costa Mesa, pursuant to the
provisions of the "Improvement Act of 1911," being Division 7 of
the Streets and Highways Code of the State of California, does
I resolve as follows:
SECTION 1. That the public interest and convenience require,
land it is the intention of the City Council of the City of Costa
Mesa, California, to order the following acquisition and work to
�be done, to wit:
DESCRIPTION OF WORK
FIRST: The grading, paving with asphalt concrete over
aggregate base and seal coat, construction of curbs and gutters,
201�cross gutters, sewer main, house connection sewers, water service
21 house connections, drainage outlet structure, barricade, installa-
22 tion of fire hydrants, reconstruction of sewer manholes to grade,
23,11 removing obstructions, and appurtenant work in connection therewith:
24 In
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25 16TH STREET
26 between Plancentia Avenue and 990 feet westerly from the centerline
27�of Monrovia Avenue, as shown on Sheets Nos, 2, 31 13s 162 17, 20,
28 and 24 of said plans.
29 SECOND: The grading, paving with asphalt concrete over
301aggregate base and seal coat, construction of curbs and gutters,
31 cross gutters, house connection sewers, water service house
32 connections, barricade, installation of fire hydrants, reconstructic
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of sewer manholes to grade, removing obstructions, and
appurtenant work in connection therewith:
In
17TH STREET
between Placentia Avenue and 390 feet westerly from the centerline
of Monrovia Avenue, as shown on Sheets Nos, 4, 51, 69 14, 18, 21,
and 24 of said plans.
THIRD: The grading, paving with asphalt concrete over
aggregate base and seal coat, construction of curbs and gutters,
cross gutters, house connection sewers, water service house
connections, drainage outlet structure, barricade, installation of
fire hydrants, reconstruction of water main and appurtenances, re-
construction of sewer manholes to grade, removing obstructions, and
appurtenant work in connection therewith:
In
18TH STREET
4between Placentia Avenue and 660 feet westerly from the centerline
lof Whittier Avenue, as shown on Sheets Nos, 7, 8, 99 15, 19, 22,
and 27 of said plans.
FOURTH: The grading, paving with asphalt concrete over
21 aggregate base and seal coat, resurfacing pavement with asphalt
22concrete and seal coat, construction of curbs and gutters, cross-
23�lgutters, house connection sewers, water service house connections,
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24'1 barricade, installation of fire hydrants, reconstruction of sewer
26 manholes to grade, removing obstructions,and appurtenant work in
26 1connection therewith:
271! In
2811 19TH STREET
29 $etween Federal Avenue and 330 feet westerly from the centerline
30 lof Whittier Avenue, as shown on Sheets Nos, 10, 119 120 20, and
31 �3 of said plans.
32 i----
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FIFTH: The grading, paving with asphalt concrete over
aggregate base and seal coat, construction of curbs and gutters,
cross gutters, house connection sewers, water service house
connections, catch basins with appurtenances, installation of fire
hydrants, removing obstructions, and appurtenant work in connection
therewith:
In
PLACENTIA AVENUE
between 332 feet northerly from the centerline of 18th Street
and 253.5 feet southerly from the centerline of 16th Street, as
shown on Sheets Nos. 2, 4, 72 10, 13, 149 15 and 16 of said plans.
SIXTH: The grading, paving with asphalt concrete over
aggregate base and seal coat, construction of curbs and gutters,
cross gutters, sewer main, sewer manhole, house connection sewers,
water service house connections, installation of fire hydrants,
reconstruction of sewer manholes to grade, removing obstructions,
and appurtenant work in connection therewith:
In
MONROVIA AVENUE
between 330 feet southerly from the centerline of 16th Street and
�1�19th Street, as shown on Sheets Nos, 3, 5, 89 11, 17, 18, 19, 209
22125, 26, and 28 of said plans.
231 SEVENTH: The grading, paving with asphalt concrete over
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2411aggregate base and seal coat, construction of curbs and gutters,
25 (cross gutters, house connection sewers, water service house
26 connections, barricade, installation of fire hydrants, reconstruct
27 �of water main, reconstruction of sewer manholes to grade, removing
28 jobstructions, and appurtenant work in connection therewith:
2911 In
�- 301 WHITTIER AVENUE
311 etween 650.61 feet southerly from the centerline of 17th Street
32 �G
[Iand 60 feet northerly from the centerline of 19th Street, as shown
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on Sheets Nos. 6, 9, 122 21, 22, and 23 of said plans.
EIGHTH: The acquisition of rights of way for street
purposes, the grading, paving with asphalt concrete over aggregate
base and seal coat, construction of curbs and gutters, cross
`gutters, sewer main, sewer manholes, house connection sewers,
water main with appurtenances, water service house connections,
installation of fire hydrants, removing obstructions, and appurten-
ant work in connection therewith:
In
BABCOCK AVENUE
between 16th Street and 17th Street, as shown on Sheets Nos, 2,
4, and 24 of said plans.
NINTH: The grading, paving with asphalt concrete over
aggregate base and seal coat, construction of curbs and gutters,
cross guttersi drainage inlet structure, removing obstructions, and
appurtenant work in connection therewith:
In
NEWHALL STREET
between Monrovia Avenue and 842 feet westerly from the centerline
hof Monrovia Avenue, as shown on Sheets Nos, 17, 25 and 31 of said
21 1*1ans.
2211 TENTH: The grading, paving with asphalt concrete over
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23laggregate base and seal coat, construction of curbs and gutters,
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across gutters, sewer main, sewer manholes, house connection sewers,
2511drainage inlet structure, barricade, installation of fire hydrants,
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removing obstructions, and appurtenant work in connection
Itherewith:
In
SUNSET DRIVE
301 etween Monrovia Avenue and 661 feet westerly from the centerline
311 i
f Monrovia Avenues as shown on Sheets Nos, 18, 26 and 27 of said
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1 ELEVENTH: The grading, paving with asphalt concrete over
2 aggregate base and seal coat, construction of curbs and gutters,
3 spandrel, house connection sewers, reconstruction of sewer manhole
4 to grade, removing obstructions, and appurtenant work in connection
5 therewith:
61 In
7 CENTER STREET
.8 between Monrovia Avenue and 660 feet easterly from the centerline
9 of Monrovia Avenue, as shown on Sheets Nos, 159 19, and 28 of said
10 plans.
11 TWELFTH. The grading, paving with asphalt concrete over
12 aggregate base and seal coat, construction of curbs and gutters,
13 cross gutter, barricade, removing obstructions, and appurtenant
14 work in connection therewith:
15 In
16 STRVONICS AVENUE
17 between 16th Street and 390 feet northerly from the centerline of
18 16th Street, as shown on Sheets Nos. 3 and 31 of said plans.
19 THIRTEENTH: The construction of storm drain channel and
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lappurtenant work in connection therewith in the following public
21 easements, to wit:
22 In the
23 BASEMENT
24Aocated between Sunset Drive and 18th Street, over and across the
25 following described real property, to wit:
26 I A strip of land 6.00 feet in width lying within Lot 1105
and Lot 1106 of Newport Mesa Tract, as shown on a map
27 thereof, recorded in Book 5, page 1 of Miscellaneous Maps,
Records of Orange County, California, the Easterly lune of
28 which is described as follows:
Beginning at the Northeasterly corner of Lot 1105
29 of said Newport'Mesa Tract, said corner being 30.00
feet Southerly of the centerline of 18th Street, measured
30 along the Northerly prolongation of the Easterly line of
31� said Lot 1105, thence Southerly along the Easterly line
of Lot 1105 and Lot 1106 of said Newport Mesa Tract,
490.0 feet, to a line 140.0 feet northerly of, measured at
32 i right angles, and parallel with the Southerly line of said
Lot 1106. The Westerly line of said strip of land, 6.00
j feet in width, shall be lengthened or shortened so as to
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terminate in the Northerly line of said Lot 1105
and a line 140.0 feet Northerly of, measured at
right angles, and parallel with the Southerly
line of said Lot 1106,
as shown on Sheet No. 27 of said plans; and
In the
EASEMENT
located between Newhall Street and Servonics Avenue, over and
across the following described real property, to wit:
A portion of Lot 1111 of Newport Mesa Tract, as
shown on a map thereof, recorded in Book 5, page 1 of
Miscellaneous Maps, records of Orange County, California,
more particularly described as follows:
Beginning at a point in the Northerly line of said
Lot 1111, distant thereon, 132.00 feet, Westerly of the
Northeasterly corner of said Lot 1111; thence Southerly
along a line 132.00 feet Westerly of, measured at right
angles, and parallel to the Easterly line of said Lot 1111,
270.00 feet, to a line 60.00 feet Northerly of, measured
at right angles, and parallel to the Southerly line of
said Lot 1111; thence Easterly along the last mentioned
parallel line, 8.00 feet, to a line 124.00 feet Westerly
of, measured at right angles, and parallel to the
Easterly line of said Lot 1111, the true point of beginning
of the land herein described; thence Northerly along last
mentioned parallel line, 220.64 feet to a point on a
curve, concave Northerly, having a radius of 50.00 feet;
thence Northeasterly along said curve through a central
angle of 110 531 36", an arc distance of 10.38 feet to
a line 114.00 feet Westerly of, measured at right angles} -
and parallel to the Easterly line of said Lot 1111;
thence Southerly along last mentioned parallel line,
223.35 feet to a line 60.00 feet Northerly of, measured
at right angles, and parallel to the Southerly of said Lot
1111; thence Westerly along last mentioned parallel line,
10.00 feet to the true point of beginning,
1� as shown on Sheet No. 31 of said plans.
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DONALD DUNGAN
ATTORNEY AT LAW
71 WEST ISTM STREET
SUITE A
:OSTA MESA. CALIF.
LISXRrY 8-6661
PLANS, PROFILES DRAWINGS AND SPECIFICATIONS
SECTION 2. All of the said work and improvement to be
done shall be constructed upon the grades, along the lines,
between the points, of the dimensions, at the places and in the
manner shown on the plans, profiles and drawings for the construct-
ion of said improvements in Monrovia Avenue and certain other
streets, alleys and easements, being Plan No. 10, consisting of
31 sheets, on file in the Office of the City Engineer of said
City, and except as otherwise provided on said plans in further
accordance with the Specifications for the construction of said
improvements, said Specifications being,on file in the Office of
the City Clerk of said City, and to which plans, profiles, draw-
ings and Specifications hereinbefore approved by the City Council
of said City, reference is hereby made for a further, full and
more particular description of said work.
DESCRIPTION OF ASSESSMENT DISTRICT
SECTION 3. That the said contemplated acquisition and
work and improvement, in the opinion of the said City Council, is
of more than local or ordinary public benefit, and the said City
Council hereby makes the expense of the said acquisition, work
and improvement chargeable upon a district, which said district
the said City Council hereby declares to be the district benefited
by said acquisition, work and improvement and to be assessed to
pay the costs and expenses thereof, and which district is described
as follows:
All of that certain territory in the City of Costa Mesa,
California, together with that certain territory situated in the
City of Newport Beach, California, exclusive of streets, alleys
and easements, included within the exterior boundary line shown
upon that certain Plat, Exhibit "A", consisting of 9 pages,
attached to and forming a part of the Investigation Report prepared
and Filed under the provisions of the "Special Assessment,
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DONALD DUNGAN
ATTORNEY AT LAW
771 WEST IDTH STREET
SUITS A
COSTA MESA, CALIF,
LIBERTY 8-666 f
Investigation, Limitation and Majority Protest Ac t of 1931,'
Division 4 of the Streets and Highways Code of the State of Calif-
ornia, heretofore approved by the City Council of the City of
Costa Mesa on the 5th day of.September, 1961, indicating by said
boundary line the extent of the territory included within the
proposed assessment district, and which map or plat is on file in
the Office of the City Clerk of the City of Costa Mesa. Reference
is hereby made to said map or plat for a further, full and more
particular description of the said assessment district, and the
said map or plat so on file shall govern for all details as to the
extent of the said assessment district.
DESCRIPTION OF ACQUISITION
SECTION 4. The acquisition proposed to be made is rights
of way for street purposes, to wit: portions of Babcock Avenue
63 feet in width and 285 feet in length, said length being measured
southerly from the south line of 17th Street, as shown on Sheet
No. 2 of that certain plat, Exhibit "A", consisting of 9 pages,
attached to and forming; a part of the Investigation Report prepared
and filed under the provisions of the "Special Assessment,
Investigation, Limitation and Majority Protest Act of 1931,"
heretofore approved by the City Council of the City of Costa Mesa
on the 5th day of September, 1961, and which map or plat is on
file in the Office of the City Clerk of said City. Reference is
hereby made to said map or plat for a further, full and more
particular description of said acquisition,
DESCRIPTION OF BONDS
SECTION 5. That serial bonds bearing interest at the rate
of six (60) per cent per annum shall be issued to represent each
assessment of Fifty ($50.00) Dollars or more, remaining; unpaid
for thirty (30) days after the date of the recordation of the
warrant. Said serial bonds shall extend over a period ending nine
(9) years from the second day of January next succeeding the next
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DONALD DUNGAN
ATTORNEY AT LAW
771 WEST IOTH STREET
SUITE A
COSTA MESA, CALIF.
LIBERTY 9.6661
September First following their date. Payments on the principal
of unpaid assessments and interest thereon shall be made by
property owners to the City Treasurer, all as provided in the
"Improvement Act of 1911," hereinafter referred to-.
The redemption provisions of said bonds shall require the
payment of a premium of 5 per cent of the unpaid principal and the
words "together with a premium of 5 per cent of said unpaid
principal" shall be added after the redemption clause in the bond
form of the bonds issued.
TIME AND PLACE OF HEARING
SECTION 6. NOTICE IS HEREBY GIVEN that on the day of
1962, at the hour of seven -thirty (7:30)
otclock p.m., in the Council Chamber of the City Council, in
the Costa Mesa City Hall, located at 695 West 19th Street, in
said City•of Costa Mesa, any and all persons having any objections
to the proposed acquisition, work or improvement, or to the
extent of the assessment district, or to the proposed grades, may
appear and show cause why said work should not be required, done
or carried out in accordance with this Resolution of -Intention.
Protests must be in writing and must be delivered to the City
Clerk prior to the time set for hearing.
IMPROVEMENT ACT
SECTION 7. That all of the acquisition and work herein
proposed shall be made and done and carried through in pursuance
of an act of the Legislature of the State of California, designated
"Improvement Act of 1911.,11 being Division 7 of the Streets and
Highways Code of the State of California.
PUBLICATION OF RESOLUTION OF INTENTION
SECTION 8, The Orange Coast Daily Pilot, a daily newspaper,
printed, published and of general circulation in the City of Costa
Mesa, California, is hereby designated as the newspaper in which
this Resolution of Intention shall be published by the City Clerk,
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DONALD DUNGAN
ATTORNEY AT LAW
771 W67T 19TH STREET
BIfM A
COSTA MESA. CALIF.
LIHRRTY 10.61561
in the manner and form provided by law, and for making all other
publications in the proceedings under this Resolution of Intention.
The City Clerk is directed to mail notices of the adoption
of this Resolution of Intention to all persons owning real propert3
proposed to be assessed whose names and addresses appear on the
last equalized assessment roll for County taxes, all in the manner
and form provided for under Sections 5070, 5193.1, 5194 and 5195
of the said "Improvement Act of 1911" of said Streets and Highways
Code.
POSTING OF NOTICE OF IMPROVEMENT
SECTION 9. The Superintendent of Streest of the City of
Costa Mesa shall cause to be conspicuously posted along the line
of said contemplated acquisition, work or improvement and along
all open streets within the district liable to be assessed for said
work, notices of the passage of this Resolution of Intention, in
the time, form and manner provided by said Code.
INVESTIGATION REPORT
SECTION 10. That the written report of the Assessment
Engineer on the proposed acquisition and improvements herein
described and prepared pursuant to the provisions of the "Special
Assessment, Investigation, Limitation and Majority Protest Act of
1931," being Division 4 of the Streets and Highways Code of the
State of California, is on file in the Office of the City Clerk
of said City and is open to public inspection.
ESTIMATE OF THE TOTAL COST OF THE PROPOSED
ACQUISITION AND WORK
SECTION 11. The estimated total cost of the proposed
acquisition and work is $ 3902611.63 The total estimated
cost of the proposed acquisition is $.11,,000..00- The amount to be
contributed to the said acquisition and work by the City of Costa
Mesa is the sum of 325,000.00.
PASSED AND ADOPTED by the City Council of the City of Costa
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