HomeMy WebLinkAbout63-74 - Fairview Road Improvement District - Authorizing Condemnations36
RESOLUTION No. 63-74
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
ACQUISITION OF CERTAIN STREET EASEMENTS AND RIGHTS
OF WAY FOR PUBLIC STREET PURPOSES AND FOR DRAINAGE
PURPOSES, AND AUTHORIZING ACQUISITION OF SAID EASE-
MENTS AND RIGHTS OF WAY BY CONDEMNATION, AND
DIRECTING THE CITY ATTORNEY TO PROCEED WITH SUCH
ACTION.
WHEREAS, the City of Costa Mesa is about to grade, pave, construct curbs
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and gutters, concrete cross gutters, house connection sewers, manholes, water
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house connections, installation of water mains and reconstruction of existing
water mains, install certain pipe, structures and appurtenances for drainage
purposes, fire hydrants and relocation of fire hydrants, remove certain obstruc-
tions,together with appurtenances and appurtenant work in connection therewith,
in Fairview Road and certain other streets, alleys and easements in said City, as
the same is defined and described in Resolution of Intention No. 63-68 of said
City, adopted on the 17th day of June, 1963, and
WHEREAS, detailed Plans and Specifications for said work have been
approved by said City and are on file in the Office of the City Clerk, and the
City Engineer has reported and recommended that certain easements and rights of
way for public street purposes in certain lands, in addition to the public streets
already owned by the City, together with easements for drainange purposes, are
needed for the completion of said work in accordance with said Plans and spec-
ifications, which said additional easements and rights of way are hereinafter
more particularly described, and
WHEREAS, it is in the public interest and necessity to acquire the said
easements and rights of way for public street purposes, and for drainange 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,
construction and completion by the City of a public improvement, viz; the grading,
paving, construction of curbs and gutters, concrete cross gutters, house connection
sewers, manholes, water house connections, installation of water mains and
reconstruction of existing water mains, installation of certain pipe, structures
and appurtenances for drainage purposes, fire hydrants and relocation of fire
hydrants, removal of certain obstructions, together with appurtenances and
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appurtenant work in connection therewith, in Fairview Road and certain other
streets, alleys and easements in said City, as described and defined in Resolution
of Intention No. 63-68.
SECTION 2. That the public interest and necessity require the acquisition
for and in connection with said public improvement of the street easements and
rights of way for public street and drainage purposes in real property, and as
hereinafter in this Resolution more particularly described.
SECTION 3• That said proposed public improvement is planned and located in
a manner which will be most compatible with the greatest public good and the least
private injury.
SECTION 4. 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 easements and rights 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
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 i—ediate possession and use of said real
property, interests, easements and rights of way in real property as rights of
way for public street purposes, and for drainage 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 5• The real property, or interests in real property, or existing
improvements, which the City Attorney of the City of Costa Mesa is authorized and
provisions of the
Streets and Highways
Code,
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, and for an
Order permitting said City to take i—ediate possession and use of said real
property, interests, easements and rights of way in real property as rights of
way for public street purposes, and for drainage 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 5• The real property, or interests in real property, or existing
improvements, which the City Attorney of the City of Costa Mesa is authorized and
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directed to acquire in the name of the City, is hereinafter described:
A. As to all of the following described real property, or interest in real
property existing improvements, the interest to be acquired as to each parcel shall be
a perpetual easement and right of way for street purposes.
Said real property, or interests in real property, or existing improvements,
to be so acquired by condemnation as the easements and rights of way for public street y
purposes, and each parcel thereof, are situated in the City of Costa Mesa, County 1�■■
of Orange, State of California, and are more particularly described as follows:
PARCEL 1.
The East 50.00 feet of the South 61.94 feet of the North rectangular
185.83 feet of the West 423.40 feet of Lot 32 of Tract No. 9 in the
City of Costa Mesa, as shown on a map recorded in Book 9, page 9 of
Miscellaneous Maps, records of Orange County, California.
PARCEL 2.
A portion of the East 63.40 feet of the West 373.40 feet of the North
123.89 feet of Lot 32 above, described as beginning at a point on the
North line of said Lot 32, 366.40 feet East of the West corner thereof,
thence 7.00 feet East to the East line of the last described portion of
Lot 32, thence South along said East line a distance of 7.00 feet to
its intersection with a line, running Northwesterly, thence along said
line to its intersection with the North line of Lot 32 to the point of
beginning.
PARCEL 3.
A portion of the Westerly rectangular 84.68 feet of the Easterly half
(1/2) of Lot 32 of Tract No. 9 in the City of Costa Mesa, as shown on
a map thereof recorded in Book 9, page 9 of Miscellaneous Maps, records
of Oran[= County, California, described as:
Beginning at a point on the North line of the above described portion
of Lot 32, 7.00 feet East of the Northwest corner thereof, thence
West along said line to the West of said portion, thence South along
said West line a distance of 7.00 feet to its intersection with a
line running Northeasterly, thence Northeasterly along said line to
its intersection with the North line of Lot 32 at the point of
beginning.
PARCEL 4.
A portion of the Westerly rectangular 84.68 feet of the Easterly half
(1/2) of Lot 32 of Tract No. 9 in the City of Costa Mesa, as shown
on a map thereof recorded in Book 9, page 9 of Miscellaneous Maps,
records of Orange County, California, described as:
That portion of Lot 32 above described lying within a strip of land
25.00 feet in width, the Westerly line of which is described as
follows:
Beginning at the intersection of the centerline of Persons Streets,
60.00 feet in width, with the North line of the South one-half
(1/2) of Lot 13 of Fairview Farms, as shown on a map thereof
recorded in Book 8, Page 71 of Miscellaneous Maps, records of
Orange County, California, as said intersection is shown on a map
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of Tract No. 3718 recorded in Book 145, pages 44 and 45 of
Miscellaneous Maps, records of Orange County, said point
being the beginning of a curve, tangent to the centerline
of Parsons Street, concave Westerly, and having a radius
of 270.00 feet; thence Northerly and Northwesterly along
said curve, through a central angle of 350 08, 4611, 165.62
feet to the beginning of a tangent reverse curve, concave
Easterly, having a radius of 270.00 feet; thence Northwesterly
and Northerly along said curve through a central angle of
350 08' 46", 165.62 feet, to a line 25.00 feet Westerly of,
measured at right angles, and parallel with the Easterly line
of the Westerly 423.40 feet of said Lot 32 of Tract No. 9•
LPARCEL 5•
The East 25.00 feet of the North one (1) acre of the East half
(1/2) of the East half (1/2) of Lot 1, Tract No. 9 in the
City of Costa Mesa, as shown on a map thereof recorded in Book
9, page 9 of Miscellaneous Maps, records of Orange County,
California.
PARCEL 6.
A strip of land 15.00 feet in width, lying adjoining and Westerly
of the Easterly line of Lot 1 of Tract No. 9 in the City of
Costa Idesa, as shown on a map therof recorded in Book 9, page 9
of Miscellaneous Maps, records of Orange County, California,
extending from the South line of the North one (1) acre of the
East half (1/2) of the East half (1/2) of said Lot 1 to the North
line of Wilson Avenue.
PARCEL 7.
The West 40.00 feet of the East 55.00 feet of the South 135.00 feet
of the East half (1/2) of the East half (1/2) of Lot 1 of Tract
No. 9 in the City of Costa Mesa, as shown on a map thereof recorded
in Book 9, page 9 of Miscellaneous Maps, records of Orange County,
California.
B. 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 drainage purposes.
Said real property or interests in real property or existing improvements
to be so acquired by condemnation as the easements and rights of way for drainage
purposes, and each parcel thereof, are situated in the City of Costa Mesa, County
of Orange, State of California, and are more particularly described as follows:
PARCEL 8.
The Westerly 12.00 feet of the West 100.00 feet of Lot 19 in
Tract No. 9 in the City of Costa Mesa, as shown on a map thereof
recorded in Book 9, page 9 of Miscellaneous Maps, records of Orange
County, California,
EXCEPTING THEREFROM, the Southerly 305.00 feet.
C. As to all of the following described real property, or interests in reel
property, or existing improvements, the interest to be acquired as to each
parcel shall be a temporary construction easement for drainage purposes.
Said real property or interests in real property or existing improvements
to be so acquired by condemnation as the temporary construction easement for
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drainage purposes, and each parcel thereof, is situated in the City of Costa Mesa,
County of Orange, State of California, and is more particularly described as follows:
PARCEL °.
The Westerly 32.00 feet of the ;Jest 100.00 feet of Lot 19 in
Tract No. 9 in the City of Costa Mesa, as shown on a map
thereof recorded in Book 9, page 9 of Miscellaneous Maps,
records of Orange County, California.
EXCEPTING THEREFROM, the Westerly 12.00 feet thereof.
SECTION 6. That the City Clerk shall verify the adoption of this
Resolution.
PASSED AND ADOPTED this lst day of July, 1963.
Mayor of the City of Costa Mesa
ATTEST: J'G�
City of the of Costa Mesa
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS.
CITY OF COSTA T,1ESA )
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 meeting of
the City Council, City of Costa Mesa, California, held on the 1st day of July, 1963,
the foregoing Resolution No. 63-74 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, Pinkley, Smith, Meyers, Tomchak
NOES: Councilmen - None
ABSENT: Councilmen - None
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 2nd day
of July, 1963•
City Clerk and ex -officio Clerk of the
City Council of the City of Costa Mesa