HomeMy WebLinkAbout63-27 - Melody Lane - Authorizing Condemnation Proceedings378
RESOLUTION NO. 63-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, FINDING, DETERMINING AND DECLARING THAT THE
PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQLJISITION OF A
CERTAIN EASEMENT AND RIGHT OF WAY FOR STREET PURPOSES, AND
AUTHORIZING THE ACWISITION OF SAID EASEMENT AND RIGHT OF WAY
BY CONDEMNATION, AND DIRECTING THE CITY ATTORNEY TO PROCEED
WITH SUCH ACTION.
WHEREAS, the City of Costa Mesa has engineered and proposes to improve
Melody Lane in the City of Costa Mesa, and
WHEREAS, the City Engineer has reported and recommended that a certain
easement and right of way for street purposes in certain lands are needed to
open said street, which said easement and right of way are hereinafter more par-
ticularly described, and
WHEREAS, it is in the public interest and necessity to acquire the said
easement and right of way for 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
of the easement and right of way as hereinafter more particularly described, for
street purposes.
SECTION 2. That said proposed street is planned and located in a manner
which will be most compatible with the greatest public good and the least pri-
vate injury.
SECTION 3. That said City proceed, and it is hereby authorized, directed,
and empowered, and Donald Dungan, 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 Con-
stitution 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, 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 way for 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, the interest to be acquired shall be a perpetual easement and right
of way for street purposes."
Said real property or interests in real property to be so acquired by
condemnation as the easement and right of way for street purposes are situated in
the City of Costa Mesa, County of Orange, State of California, and are more par-
ticularly described as follows:
Beginning at the Easterly corner of Lot 211, thence Southwesterly
along the Southeasterly line to the intersection with a line parallel
to and 25.00 feet Southwesterly measured at right angles to the
Northeasterly line of Lot 211, thence Northwesterly 289.29 feet
along said line to the beginning of a tangent curve, concave
Southwesterly having a radius of 90.00 feet; thence Northwesterly
along said curve, through a central angle of 310 35' 11", a distance
of 49.62 feet to the beginning of a tangent reverse curve concave
Easterly, having a radius of 45.00 feet; thence Northwesterly,
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Northerly and Northeasterly along said curve to its intersec-
tion with the Northeasterly line of Lot 211, said intersection
coincides with the Northwesterly radius line of Melody Lane as
dedicated by David J. and Arline M. Gardner, recorded July 20,
1960, in Book 5337, Page 319, Official Records of Orange County,
California.
SECTION 5. That the City Clerk shall verify the adoption of this Resolution.
ADOPTED, SIGNED AND APPROVED this 4th day of February, 1963.
Mayor of the City of Costalesa
ATTEST:
City Clerk of the City of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF COSTA MESA )
I, C. K. PRIEST, City Clerk and ex -officio Clerk of the City Council
of the City of Costa Mesa, California, do hereby certify that at a regular meet-
ing of the City Council, City of Costa Mesa, California, held on the 4th day of
February, 1963, the foregoing Resolution No. 63-27 was considered and that said
Resolution was then passed and adopted as a whole by the following roll call vote,
to wit:
AYES: Councilmen: Tomchak, Wilson, Pinkley, Meyers, Smith
NOES: Councilmen: None
ABSENT: Councilmen: None
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 5th
day of February, 1963.
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City Clerk and ex -officio Clerk of the
City Council of the City of Costa Mesa