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HomeMy WebLinkAbout65-13 - Harbor Blvd Improvement District - Authorizing Condemnation38' RESOLUTION N0. 65-13 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 AUTHORIZING ACQUISITION OF SAID EASEMENTS AND RIGHTS OF WAY BY CONDEMNATION, AND DIRECTING THE CITY ATTORNEY TO PROCEED WITH SUCH ACTION. WHEREAS, the City of Costa Mesa proposes to widen and improve Harbor Boulevard between 19th Street and Wilson Street by relocating existing utilities from overhead to underground, grade and repave, construct curbs and gutters, install and relocate street lighting fixtures, install additional traffic control devices, install sidewalks together with the appurtenant work in connec- tion therewith in accordance with plans and specifications approved by said city. WHEREAS, 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, are needed for com- pletion of said work in accordance with the plans and specifications, which mid easements and rights of way are hereinafter more particularly described, and WHEREAS, it is in the public interest and necessity to acquire these easements and rights of way for public street purposes, and for underground utilities; 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 and repaving, construction of curbs and gutters, relocation of existing utilities from overhead to underground, the installation of additional street lighting fixtures, the installation of traffic control devices, the construction of side- walks together with appurtenances and appurtenant work in connection therewith, on Harbor Boulevard between 19th Street and Wilson Street in said City. 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 streets in real property and for utility purposes, and as hereinafter in this Resolution more particularly described. r �'38�F1 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 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 immediate 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 underground utility 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 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 or 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 improve- ments, to be so acquired by condemnation as the easements and rights of way for public street purposes, and each parcel thereof, are situated in the 39Y.z City of Costa Mesa, County of Orange, State of California, and are more par- ticularly described as follows PARCEL 1. A. portion of the west 134.8 feet of Lot 1 of Tract No. 1002, in the City of Costa Mesa, as shown on a map thereof recorded in Book 33, Page 11, Miscel- laneous Maps, records of Orange County, California; also a portion of the south 8.41 feet of Lot 5, Tract 589 in the City of Costa Mesa, as shown on a map thereof recorded in Book 19, Page 5, Miscellaneous Maps, records of Orange County, California, described as: Parcel A. - That portion of a portion of the above described Lots 1 and 5 lying within a strip of land 50.00 feet in width, the westerly line of which is the center line of Harbor Boulevard, as said Harbor Boule- vard is shown on a map thereof, recorded in Book 33, Page 11, Miscellaneous Maps, records of Orange County, California. Parcel B. - That portion of Lot 1 described as begin- ning at the intersection of the north line of Bernard Street (50.00 wide) with the east line of Parcel "A"; thence east along said north line of Bernard Street a distance of 17.00 feet; thence northwesterly along a line to its intersection with the east line of Parcel "A" at a point 17.00 feet north of the point of be- ginning; thence south along the east line of Parcel "A" to the point of beginning. PARCEL 2. A portion of Lots 1, 2 and the north 1/2 of Lot 3 of Tract No. 345 in the City of Costa Mesa, as shown on a map thereof recorded in Book 14, Page 34 of Miscel- laneous Maps, records of Orange County, California, described as: Beginning at a point in the west line of Harbor Boule- vard, said line being 40.00 feet west of and parallel to the center line of Harbor Boulevard where it intersects the south line of the north one half of Lot 3; thence westerly along said south line a distance of 3.00 feet; thence north along a line parallel to the center line of Harbor Boulevard to the intersection with a line parallel to and 27.00 feet south of the north line of Lot 1; thence west along said parallel line a distance of 5.00 feet, to the intersection with a line parallel to and 8.00 feet west of the west line of Harbor Boule- vard, thence north along said parallel line a distance of 19.00 feet, thence northwesterly along a line to be referred to as Line "X" to its intersection with the south line of Victoria Street (said line being parallel to and 25.00 feet south of the center line of Victoria Street) at a point 16.00 feet west of the west line of Harbor Boulevard, thence east to said west line; thence south along the west line of Harbor Boulevard to the point of beginning. PARCEL 3. That portion of the south 121.276 feet of the north 587.48 feet, measured from the center line of Hamilton 38*:3 Avenue, of Lot 20 of Fairview Farms, in the City of Costa Mesa, as shown on a map thereof recorded in Book 8, Page 71, Miscellaneous Maps, records of Orange County, California, described as: That portion of the portion of Lot 20, above described, lying within a strip of land 50.00 feet in width, the easterly line of which is the center line of Harbor Boule- vard, as said Harbor Boulevard is shown on a map thereof recorded in Book 8, Page 71, Miscellaneous Maps, records of Orange County, California. PARCEL 4. A portion of Lot 4, Trace 553, Block B, in the City of Costa Mesa as shown on a map thereof recorded in Book 20, Page 4 of Miscellaneous Maps, records of Orange County, California, described as: Parcel A. - That portion of Lot 4 above described lying within a strip of land 50 feet in width the easterly line of which is the center line of Harbor Boulevard, as said Harbor Boulevard is shown on a map thereof recorded in Book 20, Page 4, Miscellaneous Maps, records of Orange County, California. Parcel B. - A triangular piece of land beginning at the intersection of the southerly line of Bernard Street (60 feet wide) and the westerly line of Parcel A above de- scribed, thence southerly along the westerly line of Parcel A a distance of 17 feet, thence northwesterly along a line to its intersection with the southerly line of Bernard Street at a point 17 feet west of the point of beginning, thence easterly along the southerly line of Bernard Street to the point of beginning. B. As to the following described real property the interest to be acquired shall be a perpetual easement and right of way for underground utility purposes. PARCEL 5. A portion of the north one half of Lot 3 of Tract No. 345 in the City of Costa Mesa, as shown on a map thereof re- corded in Book 14, Page 34 of Miscellaneous Maps, records of Orange County, California, described as: Beginning at the point of intersection of the west line of Harbor Boulevard with the south line of the north one half of Lot 3 above, thence west along said south line a distance of three feet (3.00 feet) to the true point of beginning, thence west along said south line a distance of 7.00 feet to the intersection with a line 10.00 feet west of and parallel to the west line of Harbor Boulevard; thence north along said parallel line to its intersection with Line X (described in PARCEL 2 above), thence south- easterly along Line X to its intersection with the line 8.00 feet west of and parallel to the west line of Harbor Boulevard; thence south 19.00 feet along said line to its intersection with the line described in PARCEL, 2 above as being 27.00 feet south of and parallel to the north line of Lot l; thence east along said south line a distance of 5.00 feet to its intersection with a line 3.00 feet west of and parallel to the west line of Harbor Boulevard; thence south along said parallel line to the point of beginning. i i i 3 0041. y SECTION 6. That the City Clerk shall verify the adoption of this Resolution. PASSED AND ADOPTED this 1st day of February, 1965. ATTEST: City Clerk of the 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 meeting of the City Council, City of Costa Mesa, California, held on the lst day of February, 1965, the foregoing Resolution No. 65-13 was considered and that said Resolution was then passed and adopted as a whole by the following roll call vote, to wit: AYES: Councilmen: Pinkley, Jordan, Barck, Meyers, Wilson NOES: Councilmen: None ABSENT: Councilmen: None IN WITNESS WHEREOF, I have hereunto set my hand and seal this 2nd day of February, 1965• L Sze- ��- City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa STATE OF CALIFORNIA COUNTY OF ORANGE SS CITY OF COSTA MESA Costa Mesa yor of the City of ATTEST: City Clerk of the 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 meeting of the City Council, City of Costa Mesa, California, held on the lst day of February, 1965, the foregoing Resolution No. 65-13 was considered and that said Resolution was then passed and adopted as a whole by the following roll call vote, to wit: AYES: Councilmen: Pinkley, Jordan, Barck, Meyers, Wilson NOES: Councilmen: None ABSENT: Councilmen: None IN WITNESS WHEREOF, I have hereunto set my hand and seal this 2nd day of February, 1965• L Sze- ��- City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa STATE OF CALIFORNIA COUNTY OF ORANGE SS CITY OF COSTA MESA