HomeMy WebLinkAbout500 - Harbor Boulevard - Condemnation of Rights of Way762
RESOLUTION NO. $00
A RESOLUTION OF THE. CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, FINDING, DETERMINING AND DECLARING THAT THE PUB-
LIC INTEREST AND NECESSITY REQ, IRE THE ACQUISITION OF CERT-
AIN STREET EASEMENTS AND RIGHTS OF WAY FOR PUBLIC STREET
PURPOSES, AND AUTHORIZING ACQUISITION OF SAID EASEMENTS AND
RIGHTS OF WAY BY CONDEMNATION, AM DIRECTING THE CITY ATTORNEY
TO PROCEED WITH SUCH ACTION.
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 Baker 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 addit-
ion 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 addition-
al 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;
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 paving and otherwise improving Harbor Boulevard between Talbert Ave. and Baker
Street in the City of Costa Mesa.
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 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. I
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 author-
ized, 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
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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 To.
main.
(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 prop-
erty, interests, easements and rights of way in real property, as a right of way
for puhlic 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, cr 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:
L"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 improvements,
to be so acquired b- 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 16
That portion of the following described property:
A strip of land one hundred (100.00) feet in width, being fifty
(50.00) feet on each side of the following described centerline:
Beginning at the intersection of the centerlines of Talbert Avenue
and Harbor Boulevard, said intersection being the Northwest corner of fractional
section 34, T. 5 5., R, 10W., as shown on a map recorded in book 51, pace 12, Misc-
ellaneous Maps, Records of Orange County, California; thence Southerly along the
centerline 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 centerline 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:
764
Beginning at the Southeast corner of Section 33, in Township 5
South, Range 10 West, San Bernardino Base and Meridian, and running thence West,
alonr 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 Oranee County; thence East 60 feet to the East line of said section; thence
South, along said East line, to the point of beginning.
PARCEL 17
That portion of the following described property:
A strip of land one hundred (100.00) feet in width, being fifty
(50.00) feet on each side of the following described centerline:
Beginning at the intersection of the centerlines of Talbert Avenue
and Harbor Boulevard, said intersection being the Northwest corner of fractional
section 34, T. 5 S., R. 10 W., as shown on a map recorded in Book 51, page 12,
Miscellaneous Maps, Records of orange County, California; thence Southerly along
the centerline 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 centerline of Gisler Avenue.
That lies within:
All that portion of Section 33, in Township 5 South, Range 10 West,
San Bernardino Base and Meridian, in the Rancho Santiago de Santa Ana, City of
Costa Mesa, County of Orange, State of California, described as follows:
Beginning at the intersection of the centerline of Harbor Boulevard
with the centerline of Huntzinger Avenue, and running thence Westerly along the
centerline of Huntzinger Avenue to a point in a line parallel with and distant 60
feet Westerly, measured at right angles, from the centerline of Harbor Boulevard;
thence Southerly, along said parallel line, 1584 feet to the South line of the land
described in parcel 1 in the deed to Anton H. Segerstrom and others, recorded June
11, 1953, in Book 2519, page 36, Official Records, in the Office of the County
Recorder of said Orange County; thence Easterly, along said South line, 60 feet to
the centerline of Harbor Boulevard; thence Northerly, along said centerline, 1584
feet to t'e point of beginning.
EXCEPTING the North 20 feet thereof;
ALSO EXCEPTING the East 40 feet thereof.
PARCEL 19
That portion of the following described property:
A strip of land one hu,dred (100.00) feet in width, being fifty
(50.00) feet on each side of the following described centerline:
Beginning at the intersection of the centerlines of Talbert Avenue
and Harbor Boulevard, said intersection being fz the Northwest corner of fractional
section 34, T. 5 S., R. 10 W., as shown on a map recorded in Book 51, Page 12, Misc.
ellaneous Maps, Records of Orange County, California; thence, Southerly, along the
centerline of Harbor Bo.11evard, as said Harbor Boulevard is described in a deed
recorded in Book 358, Page 424, Official Records of Orange County, California, to
the centerline of Gisler Avenue.
That lies within:
The real property in the City of Costa Mesa, County of Orange, State
of California, described as:
The Westerly 20 feet of the Easterly 60 feet of the following:
Commencing at the Southwest corner of the land conveyed to M. V.
Whisler by deed recorded in Book 34, Page 363, Deeds, Records of Los Angeles County,
California; running thence North on the Westerly side of said Whisler land 17.60
chains to a point on the West boundary of the Rancho de Santiago de Santa Ana, as
shown on map of a partition of said Rancho, filed in Case No. 1192 of the District
Court of Los Angeles County, California, in 1868; thence South 75-3/40 West 3.17
chains to Station 113 of said boundary; thence South 28410 West 7.63 chains to Sta-
tion 114 thereof; thence South 7710 West, 10,28 chains; thence South 8.04 chains
to the Southern boundary of the tract allotted to W. J. Williams in partition of
the above-mentioned Williams land; thence North 8920 East 16.66 chains to the point
of beginning, containing 19.25 acres, more or less, and being a part of Section 33,
of Township 5 South, Range 10 West, San Bernardino Base and Meridian.
EXCEPTING THEREFROM that portion of the Rancho Santiago de Santa Ara
L described as follows:
Beginning at the most Northerly corner of the land secondly described
in the deed to J. Vincent Borchard and wife recorded December 23, 1940 in Book 1076,
Page 23, Official Records, in the Office of the County Recorder of said Orange County;
said corner beinP, a point in the Westerly line of said Rancho as said line is shown
on a map of Tract No. 1083, as per map thereof recorded in Book 35, Page 8, Miscellan-
eous Maps; Recores of said Orange County, distant thereon North 750 23' 45" East 3.17
chains from Station 113 of said boundary, and running thence South 750 23, 45" West
3.17 chains to said Station 113; thence South 350 101 30" West, along said Westerly
line 371.38 feet; thence North 880 45, 15" East 457.07 feet to the East line of said
land conveyed to Borchard; thence North, along said East line, to the point of begin-
ning;
EXCEPTING THER➢FROM the South 20 feet thereof.
PARCEL 20
That portion of the following described property:
A strip of land one hundred (100.00) feet in width, being fifty
(50.00) feet on each side of the following described centerline:
Beginning at the intersection of the centerlines of Talbert Avenue
and Harbor Boulevard, said intersection being the Northwest corner of fractional
section 34, T. 5 S., R. 10 W., as shown on a map recorded in Book 51, Page 12, Misc-
■` ellaneous Maps, Records of Orange County, California; thence Southerly along the
centerline of Harbor Boulevard, as said Harbor Boulevard is described in a deed
recorded in Book 358, Page 424, Official Reccrds of Orange County, California, to
the centerline of Gisler Avenue.
That lies within:
The real property in the Rancho Sanitago de Santa Ana, City of Costa
Mesa, County of Orange, State of California, described as follows:
The Easterly 20 feet of the following:
That portion of Lot 1 of Tract No, 1083, as shown on a map thereof
recorded in Book 35, Page 8, Miscellaneous Maps, Records of said Orange County, and
that portion of the Williams Tract, as shown on a map thereof recorded in Book 30,
Mage 14, Miscellaneous Records of Los Angeles County, California, described as
follows:
A strip of land 22.00 feet in width, the Northerly line of said 22.00
foot strip being described as follows:
Beginning at a point on the Easterly line of the land described as
Parcel 2 in a deed of Saffell & McAdam, a copartnership, recorded May 2, 1957, in
Book 3013, Pape 316, Official Records, in the office of the County Recorder of said
Orange County, said point being distant North 10 201 30" West 22.00 feet from the
L Northwesterly corner of land described in a deed to J. Vincent Borchard and wife,
recorded June 11, 1053, in Book 2519, Pape 35, Official Records, in the Office of
the County Recorder of said Orange County; thence North 880 45' 15" East parallel
wri_th the Northerly line of said land of J. Vincent Borchard and parallel with the
Southerly line of land described in a deed to Harry L, Dady and wife, recorded June
11, 19[3, in Book 2519, Page 34, Official Records, in the Office of the County Re-
corder of said Orae County, to the Westerly line of Harbor Boulevard as shown on
said map of Tract No. 1083. The Westerly end of said 22.00 foot strip to be length-
ened or shortened so as to terminate with the intersection of the Easterly line of
said Parcel 2 and at the Easterly end with the intersection of the Westerly line of
Harbor Boulevard.
76 Y-9
PARCEL 23
That portion of the following described property:
A strip of land one hundred (100.00) feet in width, being fifty
(50.00) feet on each side of the following described centerline:
Beginning at the intersection of the centerlines of Talbert Avenue
and Harbor Boulevard, said intersection being the Northwest corner of fractional
section 34, T. 5 S., R. 10 W., as shown on a map recorded in Book 51, page 12,
Miscellaneous Maps, Records of Orange County, California; thence Southerly along
the centerline of Harbor Boulevard, as said Harbor Boulevard is described in a
deed recorded in Book 358, Page 424, OffTc;.al Records of Orange County, California,
to the centerline of Gisler Avenue.
That lies within:
PAY -'CEL 1: The Easterly 20 feet of Lot 1 of Tract No. 1083, in the
City of Costa Mesa, County of Orange, State of California, as shown on a map thereof
recorded in Book 35, Pare 8, Miscellaneous Maps, Records of said Orange County;
EXCEPTING THEPEFRCM the interest in and to a 20 -foot strip of land,
as granted to the City of Santa Ana, a municipal corporation, by deed recorded Oct-
ober 21, 1946, in Book 1460, Page 25, Official Records, in the Office of the County
Recorder of said Orange County, said deed describes a strip of land, 20 feet in
width, being 10 feet on each side of a centerline which is 17 feet Southeasterly
from, and parallel to the centerline of the 14 -foot right of way now owned by the
City of Santa Ana, for its main outfall sewer across the Northeast quarter of Sect-
ion 33. The centerline of the said 14 -foot right of way across the Northeast euart-
er of Section 33 is more particularly described as follows:
Beginning at a point in the section line between Sections 33 and 34,
in Township 5 South, Range 10 West, 338.98 feet, more or less, South 00 43' East
distant from the common corner of Sections 27, 28, 33 and 34, of said township and
range, said point being also Engineer's Station 158 + 16.5 of the survey center of
the outfall sewer of the City of Santa Ana; thence South 580 59' West along said
centerline, a distance of 2955.03 feet, more or less, to Engineer's Station 187 +
71.53, which s the intersection of the centerline of the said 14 -foot right of way
with the South line of the North 186 feet of Lot 8 in Block W of Tract No. 766.
The above described 14 -foot right of way is a part of that 14 -foot
right of way granted to the City of Santa Ana, by deed from I. M. Von Schriltz, et ux.,
dated May 23, 1023, and recorded in Book 473, Page 143, Deeds, Records of said Orange
County.
PARCEL 2. The real property in the Rancho Santiago de Santa Ana,
in the City of Costa Mesa, County of Orange, State of California, described as follows:
The Westerly 20 feet of the Easterly 60 feet of the following:
Beginning at the most Northerly corner of the land secondly described
in the deed to J. Vincent Borchard and wife, recorded December 23, 1940, in Book
1076, Page 23, Official Records, in the Office of the County Recorder of said Orange
County, said corner being a point in the Westerly line of said Rancho Santiago de
Santa Ana, as said line is shown on a map of Tract No. 1083, recorded in Book 35,
Page 8, Miscellaneous Maps, records of said Orange County, distant thereon North
750 23' 45" East 3.17 chains from Station 113 of said boundary, and running thence
South 750 23' 45" West 3.17 chains to said Station 113; thence South 350 10' 30"
West, along said Westerly line, 371.38 feet; thence North 880 45' 15" East 457.07
feet to the East line of said land conveyed to Borchard; thence North along said
East line, to the point of beginning.
EXCEPTING THEREFROM the Southerly 22 feet thereof, as conveyed to
Anton H. Segerstrom et al., by deed recorded December 10, 1957, in Book 4129, Page
352, Official Records,in the Office of the County Recorder of said Orange County.
SECTION 6. That the City Clerk shall verify the adoption of this
Resolution.
PASSED, APFROVED AND ADOFTED this 21st day of July, 1958.
Ma of the City of Costa Mesa
ATTEST: �G
City Clerk of City of Costa Mesa
L
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF COSTA MESA )
I, A. C. SIvARTZ, 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 21st day of July,
1058, the foregoing Resolution No. 500 was considered and was then passed and adopt-
ed as a whole by the following roll call vote, to wit:
AYES: Cour+?^en - n. `M'th, Mevers, J. h^'th, pea, pin]rlev
NOFS: Councilmen - None
ABSENT: Councilmen - None
IN SVITNESS WHEPEOF, I have hereunto set my hand and seal this 22nd
day of July, 1958.
1
Citv Clerk and ex -officio Clerk of the
City Council of the City of Costa Mesa
Chief Deputy