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HomeMy WebLinkAbout616 - Harbor Blvd Widening - Authorizing Condemnation9'74 RESOLUTION NO. 616 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE CITY ATTORNEY TO PROCEED WITH CONDEMNATION PROCEEDINGS ON CERTAIN PARCELS ON HARBOR BOULE- VARD BETWEEN WILSON STREET AND THE CITY LIMITS, AND AUTHORIZ- ING THE DIRECTOR OF FINANCE TO DEPOSIT FUNDS IN THE BANK. WHEREAS, the County of Orange, by agreement with the City of Costa Mesa, is about to grade and pave and otherwise improve Harbor Boulevard between Talbert Avenue and Wilson Street in the City of Costa Mesa; and WHEREAS, Plans and Specifications for said work are in the Office of the County Road Department, and have been approved by the City of Costa Mesa, and the City Engineer of the City of Costa Mesa 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 the completion of said work, in accordance with said Plans and Specifications, 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; with the greatest public NOW, THEREFORE, the City Council of the City of Costa Mesa does here- by find, determine, order, declare and resolve as follows: SECTION D.. That the public interest and necessity require the acqui- sition, construction and completion by the City of a public improvement, viz., the grading and paving and otherwise improving Harbor Boulevard between Talbert Avenue and Wilson Street in the City of Costa Mesa. SECTION 2. That the public interest and necessity require the acqui- sition for and in connection with said public improvement of the street easements and rights of way for public street 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 a and the least private injury. J 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: 9'75 (a) To acquire in the name of the City of Costa Mesa the real pro- perty, 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 i=mmediate possession and use of said real property, interests, easements and rights of way in real property, as a right of way for public 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 5. The real property, or interests in real property, or existing improvements, which the City Attorney of the City of Costa Mesa is autho- rised 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 street purposes." Said real property, or interests in real. property, or existing improve. ments, to be so acquired by condemnation as easements and rights of way for public street 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 1. That portion of Lot 30 of Fairview Fauns in the City of Costa Mesa, Orange County, California, as shown on a Map thereof Recorded in Book 8, Page 71, Miscellaneous Maps, Records of said Orange County, described as follows: Beginning at the intersection of a line that is parallel with and forty (40) feet westerly, as measured at right angles, from the center line of Harbor Boulevard as shown on a Map of said Fairview 9'76 Farms, with a line that is parallel with and 25 feet northerly, as measured at right angles, from the center line of Wilson Street as shown on a Map of said Fairview Farms; thence, northerly, along first -mentioned parallel line, said line also being the westerly right of way line of said Harbor Boulevard as said Harbor Boulevard is described in a Deed to the County of Orange recorded in Book 1354, Page 474, Official Records of said Orange County, a distance of 161.27 feet; thence, westerly a distance of ten (10) feet, as measured at right angles from said westerly right of way line of Harbor Boulevard; thence, southerly, along a line that is parallel with and fifty (50) feet westerly, as measured at right angles, from the center line of said Harbor Boulevard, a distance of 141.27 feet to a point, said point being twenty (20) feet northerly, along said parallel line, from the south line of said Lot 30; thence southwesterly to a point on said south line of Lot 30, said point being thirty (30) feet westerly from the point of beginning; thence easterly, along said south line of Lot 30, a distance of thirty (30) feet to the point of beginning. PARCELS 2 & 3 That portion of Lot 30 of Fairivew Farms in the City of Costa Mesa, Orange County, California, as shown on a map thereof recorded in Book 8, Page 71, Miscellaneous Maps, records of said Orange County, described as follows: Beginning at a point on the center line of Harbor Boulevard, said point being 186.27 feet northerly of the center line intersection of Harbor Boulevard and Wilson Street as said intersection is shown on a map of said Fairview Farms; thence, westerly a distance of forty (40) feet, as measured at right angles from the center line of said Harbor Boulevard, as said center line is described in a Deed to the County of Orange recorded in Book 1354, Page 474, Official Records of said Orange County, to the westerly right of way line of said Harbor Boulevard and the true point of beginning; thence, northerly, along said westerly right of way line of Harbor Boulevard, a distance of 150 feet to the north line of the south one-half (Sz) of said Lot 30,; thence, westerly, along said north line of the south one-half (Sz) of Lot 30, a distance of ten (10) feet; thence, southerly, along a line that is parallel with and fifty (50) feet westerly, as measured at right angles, from said center line of Harbor Boulevard, a distance of 150 feet; thence, easterly a distance of ten (10) feet, as measured at right angles from said westerly right of way line of Harbor Boulevard, to the true point of beginning. PARCEL 4. That portion of the south two (2) acres of the north one-half (Ng) of Lot 30 of Fairiview Farms in the City of Costa Mesa, Orange County, California, as shown on a map thereof recorded in Book 8, Page 71, Miscellaneous Maps, records of said Orange County, described as follows: Beginning at a point on the center line of Harbor Boulevard, said point being 336.27 feet northerly of the center line intersection of Harbor Boulevard and Wilson Street as said intersection is shown on a map of said Fairview Farms, said point also being on the easterly prolonga- tion of the north line of the south one-half (Sl) of said Lot 30; thence, westerly, along said easterly prolongation,,a distance of forty (40) feet to the westerly right of way line of said Harbor Boulevard, as said Harbor Boulevard is described in a Deed to the County of Orange recorded in Book 1354, Page 474, Official Records of said Orange County and the true point of beginning; thence, northerly, along said westerly right of way line of Harbor Boulevard, a distance of 138.28 feet; thence, westerly a distance of ten (10) feet, as measured at 9'7'7' right angles from said westerly right of way line of Harbor Boulevard; thence, southerly, along a line that is parallel with and fifty (50) feet westerly, as measured at right angles, from said center line of Harbor Boulevard, a distance of 138.28 feet to the north line of the south one-half (Sz) of said Lot 30 of Fairview Farms; thence, easterly along said north line, a distance of ten (10) feet to said westerly right of way line of Harbor Boulevard and the true point of beginning. Beginning at a point on the center line of Harbor Boulevard, said PARCEL 5. That portion of Lot 30 of Fairview Farms in the City of Costa Mesa, Orange County, California, as shown on a map thereof recorded in Book 8, Page 71, Miscellaneous Maps, records of said Orange County, des- cribed as follows: Beginning at a point on the center line of Harbor Boulevard, said point being 474.55 feet northerly of the center line intersection of Harbor Boulevard and Wilson Street as said intersection is shown on a map of said Fairview Farms; thence, westerly a distance of forty (4-0) feet, as measured at right angles from the center line of said Harbor Boule- vard, as said center line is described in a Deed to the County of Orange recorded in Book 1354, Page 474, Official Records of said Orange County, to the westerly right of way line of said Harbor Boulevard and the true point of beginning; thence, northerly, along said west- erly right of way line of Harbor Boulevard, a distance of 52.99 feet; thence, westerly a distance of ten (10) feet, as measured at right angles from said westerly right of way line of Harbor Boulevard; thence, southerly along a line that is parallel with and fifty (50) feet westerly, as measured at right angles, from said center line of Harbor Boulevard, a distance of 52.99 feet; thence, easterly a distance of ten (10) feet, as measured at right angles from said westerly right of way line of Harbor Boulevard, to the true point of beginning. PARCEL 6. That portion of the south one (1) acre of the north.two (2) acres of Lot 30 of Fairview Farms in the City of Costa Mesa, Orange County, California, as shown on a map thereof recorded in Book 8, Page 71, Miscellaneous Maps, records of said Orange County, described as follows: Beginning at a point on the center line of Harbor Boulevard, said point being 527.54 feet northerly of the center line intersection of Harbor Boulevard and Wilson Street as said intersection is shown on a map of said Fairview Farms; thence, westerly a distance of forty (40) feet, as measured at right angles from the center line of said Harbor Boule- vard as said center line is described in a Deed to the County of Orange recorded in Book 1354, Page 474, Official Records of said Orange County, to the westerly right of way line of said Harbor Boulevard and the true point of beginning; thence, northerly, along said westerly right of way line of Harbor Boulevard, a distance of 66.00 feet; thence, westerly a distance of ten (10) feet, as measured at right angles from said westerly right of way line of Harbor Boulevard; thence, southerly, along a line that is parallel with and fifty (50) feet westerly, as measured at right angles, from said center line of Harbor Boule- vard, a distance of 66.00 feet; thence, easterly a distance of ten (10) feet, as measured at right angles from said westerly right of way line of Harbor Boulevard, to the true point of beginning. PARCEL 7. 'Peat portion of the north one (1) acre of Lot 30 of Fairview Farms in the City of Costa Mesa, Orange County, California, as shown on a map thereof recorded in Book 8, Page 71, Miscellaneous Maps, records of said Orange County, described as follows: Beginning at a point on the center line of Harbor Boulevard, said point being 593.54 feet northerly of the center line intersection of Harbor Boulevard and Wilson Street as said intersection is shown on a map of said Fairview Farms; thence, westerly, a distance of forty (40) feet, as measured at right angles from the center line of said Harbor Boulevard as said center line is described in a Deed to the County of Orange recorded in Book 1354, Page 474, Official Records of said Orange County, to the westerly right of way line of said Harbor Boulevard and the true point of beginning; thence, north- erly, along said westerly right of way line of Harbor Boulevard, a distance of 54.00 feet to the north line of said Lot 30 of Fairview Farms; thence, westerly, along said north line of Lot 30, a distance of ten (10) feet; thence, southerly, along a line that is parallel with and fifty (50) feet westerly, as measured at right angles, from said center line of Harbor Boulevard, a distance of 54.00 feet; thence, easterly a distance of ten (10) feet, as measured at right angles from said westerly right of way line of Harbor Boulevard, to the true point of beginning. PARCEL 8. That portion of the south 124.90 feet of Lot 5 of Fairview Farms in the City of Costa Mesa, Orange County, California, as shown on a map thereof recorded in Book 8, Page 71, Miscellaneous Maps, records of said Orange County, described as follows: Beginning at the intersection of a line that is parallel with and forty (40) feet easterly, as measured at right angles, from the center line of Harbor Boulevard, as shown on a map of said Fairview Farms, with a line that is parallel with and 25 feet northerly, as measured at right angles, from the center line of Wilson Street as shown on a map of said Fairview Farms; thence, northerly, along first -mentioned parallel line, said line also being the easterly right of way line of Harbor Boulevard as said Harbor Boulevard is described in a Deed to the County of Orange recorded in Book 1354, Page 474, Official Records of Orange County, California, a distance of 124.90 feet; thence, easterly a distance of ten (10) feet, as measured at right angles from said easterly right of way line of Harbor Boulevard; thence, southerly, along a line that is parallel with and fifty (50) feet easterly, as measured at right angles, from the center line of said Harbor Boulevard; a distance of 104.90 feet to a point, said point being twenty (20) feet northerly, along said parallel line, from the south line of said Lot 5; thence, southeasterly to a point on said south line of Lot 5, said point being thirty (30) feet easterly from the point of beginning; thence, westerly, along said south line of Lot 5, a distance of thirty (30) feet to the point of beginning. PARCEL 9. That portion of Lot 5 of Fairview Farms in the City of Costa Mesa, Orange County, California, as shown on a map thereof recorded in Book 8, Page 71, Miscellaneous Maps, records of said Orange County, described as follows: Beginning at a point in the center line of Harbor Boulevard, said point being 149.90 feet northerly of the center line intersection of Harbor Boulevard and Wilson Street as said intersection is shown on a map of said Fairview Farms; thence, easterly a distance of forty (40) feet, as measured at right angles from the center line of Harbor Boulevard as said center line is described in a Deed to the County of Orange recorded in Book 1354, Page 474, Offi- cial Records of said Orange County, to the easterly right of way line of said Harbor Boulevard and the true point of beginning; thence, northerly, along said easterly right of way line of Harbor Boulevard, a distance of 98.62 feet; thence, easterly a distance of ten (10) feet, as measured at right angles from said easterly right of way line of Harbor Boulevard; thence, southerly, along a line that is parallel with and fifty (50) feet easterly, as measured at right angles, from said center line of Harbor Boule- vard, a distance of 98.62 feet; thence, westerly a distance of ten (10) feet, as measured at right angles from said easterly right of way line of Harbor Boulevard, to the true point of beginning. onurcr. 14_ That portion of the following described property Beginning at the Southeast corner of Section 33, in Township 5 South, Range 10 West, San Bernardino Base and Meridian, and running thence West, along the South line of said section, 60 feet; thence North, parallel with the East line of said section, 1537.5 feet, more or less, to the North line of the land conveyed to A. J. Gisler and wife, by deed recorded November 24, 1943, in book 1128, page 144, Official Records, in the office of the County Recorder of said Orange County; thence East 60 feet to the East line of said section; thence South, along said East line, to the point of beginning. SECTION 6. That the City Clerk shall verify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 1st day of June, 1959• I of the City of Costa Mesa ATTEST: xoz'_�'� City Clerk of the City of Costa Mesa 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 1st day of June, 19591 the foregoing Resolution No. 616 was considered and was A strip of land one hundred (100.00) feet in width, being fifty (50.00) feet on each side of the following described center line: Beginning at the intersection of the center lines of Talbert Ave- nue and Harbor Boulevard, said intersection being the northwest L corner of fractional section 34, T. 5 S., R. 10 W., as shown on a map recorded book 51, page 12, Miscellaneous Maps, Records of Orange County, California; thence, Southerly, along the center line of Harbor Boulevard, as said Harbor Boulevard is described in a Deed recorded in book 358, Page 424, Official Records of Orange County, California, to the Center line of Gisler Avenue. That lies within: The West 20 feet of that certain land, in the Rancho Santiago de Santa Ana, in the City of Costa Mesa, County of Orange, State of California, described as follows: Beginning at the Southeast corner of Section 33, in Township 5 South, Range 10 West, San Bernardino Base and Meridian, and running thence West, along the South line of said section, 60 feet; thence North, parallel with the East line of said section, 1537.5 feet, more or less, to the North line of the land conveyed to A. J. Gisler and wife, by deed recorded November 24, 1943, in book 1128, page 144, Official Records, in the office of the County Recorder of said Orange County; thence East 60 feet to the East line of said section; thence South, along said East line, to the point of beginning. SECTION 6. That the City Clerk shall verify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 1st day of June, 1959• I of the City of Costa Mesa ATTEST: xoz'_�'� City Clerk of the City of Costa Mesa 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 1st day of June, 19591 the foregoing Resolution No. 616 was considered and was M then passed and adopted as a whole by the following roll call vote, to wit: AYES: Councilmen - B. Smith, Meyers, J. Smith, Rea, Pinkley NOES: Councilmen - None ABSENT: Councilmen - None City Clerk and ex -officio Clerk of the City Council, City of Costa Mesa Chief Deputy i i IN WITNESS WHEREOF, I have hereunto set my hand and seal this 2nd day of June, 1959• City Clerk and ex -officio Clerk of the City Council, City of Costa Mesa Chief Deputy i i