HomeMy WebLinkAbout821 - Condemnation - Santa Ana Avenue DrainRESOLUTION NO. 821
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 A CERTAIN
EASEMENT AND RIGHT OF WAY FOR DRAINAGE PURPOSES, AND AUTHORIZ-
ING ACQUISITION 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 construct
a storm drain system for the east portion of said City to drain storm waters,
and
WHEREAS, 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 a certain easement and right of
way for drainage purposes in certain lands are needed for the completion of
said work in accordance with said Plans and Specifications, which said
easement and right of way are hereinafter more particularly described, and
WHEREAS, it is in the public interest and necessity to acquire the
said easement and right of way for drainage purposes;
NOW, THEREFORE, the City Council of the City of Costa Mesa does hereby
find, determine, order, declare and resolve as follows:
1
SECTION 1. That the public interest and necessity require the acquisi-
tion, construction and completion by the City of a public improvement, viz:
the construction of a drainage system.
SECTION 2. That the public interest and necessity require the acquisition
for and in connection with said public improvement of the drainage easement
and right of way for public drainage purposes in real property, and as here-
inafter 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 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.
r (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,
Land 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 public 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 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 drainage
purposes."
Said real property, or interests in real property, or existing improve-
ments, to be so acquired by condemnation as the easement and right of way
for public drainage purposes are situated in the County of Orange, State
of California, and are more particularly described as follows:
The Southwesterly 30 feet of the Northwesterly 150 feet
of the Southeasterly 330 feet of Int 105 of Tract No. 300,
as shown on a map recorded in Book 14, pages 11 and 12 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 20th day of February, 1961.
Mayor of tt i of Costa Mesa
ATTEST:
City Clerk of they City of Costa Mesa
n
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) as.
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 at a regular
meeting of the City Council, City of Costa Mesa, California, held on the
20th day of February, 1961, the foregoing Resolution No. 821 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, Rea and Meyers.
NOES: Councilmen - None.
ABSENT: Councilmen - None.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 21st day
of February, 1961.
City Clerk and ex -officio Clerk of
the City Council, City of Costa
Mesa, California.
Chief Deputy
J
J