HomeMy WebLinkAbout570 - Northwest Improvement District - Authorizing CondemnationsRESOT U TION NO. 570
A F.F50L? TTO"d OF TTiE CTTY �r,TIn1o.TT., i ,T: Txn, C -I-TY r)V COfiTA T Eh
CALTFORi,rTA, FTJMTNG, DETIRVINTNG ANT' DECLAR_TNG TIiAT THE HIPLIC
7TTEPEST AND NIC SSITY REQVTRE THE ACQ TSITTON OF A CERTATN
STREET EASEMKT AND RIGHT OF WAY FOR PUT?LIC STFLET i4!R1,0SES,
ANTI A'TH- RTZTNG ACY-TSTTION OF SATD EASEMENT ANT) RTGHT OF WAY
CONDETiNATION, AND PIRECT 0 THL CTTY AT.'ORNEY TO PROCEED WITH
XCH ACTTON.
V71REASI the City of Costa Yesa is about to grade, pave, construct curbs
and gutters, concrete cross gutters, house connection sewers, manholes, water house
connections, install water mains and replace existing water rains, install certain
pipe, structures and appurtenances for drainage purposes, fire hydrants and re-
location of fire hydrants, remove certain obstructions, together with appurtenances
and appurtenant work in connection therewith, in West Victoria Street and certain
other streets, alleys and easements in said City, as the sane is defined and described
in Resolution of Tntention No. W6 of said City, adopted on the 2nd day of February,
1950; and
WM?EAS, 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 reco---ended that a certain easement and right of wad- for public
street purposes in certa;n lands, in addition to the public streets already owned
by the City, is needed for the completion of said work in accordance with said Plans
and specifications, which said additional easement and right of way is hereinafter
more particularly described; and
IFIFEAS, it is in the pyhlic interest and necessity to acquire the said ease -
rent and right of way for public street purposes;
NOS:, T q'T'EFORE, the City Council of the City of Costa Mesa does hereby find,
deterr^.ine, order, declare and resolve as fellows:
SITTT('.TT 1. That the public interest and necessity require the acovisition,
constrnction and completion by the Of ty of a public improvement, viz; the grading,
paving, construction of c"rbs and getters, concrete cross gutters, house connection
sewers, -anholes, water horse connections, installation of water mains and replacement
of existing water ai.ns, installation of Pertain pipe, structures and appurtenances
for drainage purposes, fire hydrants and relocation of fire hydrants, removal of
certain ohstructions, together with appurtenances and appurtenant work in connection
therewith, in hest Victoria Street and certain other streets, alleys, and easements
an said City, as described and defined in Fesoluti.on of intention No. 55A.
SFCTUN 2. That the public interest and necessity require the acquisition
for and in connection with said public improvement of the street easement and right
of way for public street purposes in real property, and as hereinafter in this Res-
olntion more Partin-larly described.
SECT70N 3. That said pror.osed public improvement is planned and located in
a canner which will be most co-ratible with the greatest public good and the least
private injury.
SF.CTTON 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 acqqire in the name of the City of Costa Mesa the real property,
interest in real pronerty, and the easement and right of way in real property herein-
after 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 Asa, such
proceeding or proceedi.nns 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 anonnt of such
security in the way of roncy deposit, as said Court may direct, and for an Order per-
mitti ng said Ci 7 to take i maedi ate possession and use of said real property, interests,
easement and ri -ht nr wad• 4n real prnnerty, as a &74t of way for public street pur-
poses.
(d) To make deposit of such security out of proper funds of said City, in
such amount xx so fixed and determined. and in such manner as said 7-vrt in which said
condemnation proceedings are pending may direct.
S}+;f'TTON 5. The real property, or interests in real property, or existing,
improvements, which the; City Attorney of the 707 of Costa Mesa is authorized and
directed to acn-ire in thr rp-e of the City, is hereinafter described;
"As to all of the followi.nj descriheC real pr-rerty, or interest in real
i -W prorerty or ex} sti nn irprovenents, the interest to be acquired as to each parcel shall
be a perpetual easenent and ri7ht of way for street p"rrnres."
Said real nrnrerty, or interests in real prnperty, or existing improvements,
to he so acq' fired by condemnation as the e,nse-ent and right of way for ids r"bli c
street purposes, and enrh parcel theronT, are situated in the City of Costa Tesa,
WX
Counter of Cranre, State of California, and are more particularly riescribed as
fn[lows:
]DJU-,'ChL- 1.
The Westerly 10.00 feet of Lot 16 of 'fact No. 320, in the City of
Costa 'des?. as G' n n on a ran trereof recorded in Ronk 14, gage 42,
vi scellaneons raps, records of said Pranne r;-vnty.
YAPOTT 1.
7-,e �,esterly 10.00 f—t ,.,r+h 1.R,�;, feg+ -f the South 10.9C
feet of Lot 20 of Fairvi rw Farms, iv the City nr Costa r- esu, as shown
on a map thereof rec-rde6 in Book P, Fare 71, Viscellaneous Maps,
records nN sa;f 9ranne Poonty.
The Westerly 10.E O feet of the North 57.00 feet of the So-th 255.00
feet of the gest 18028 feet of Ln+. 20 of Fairview Farms, in the
City of Cnsta Mesa, as shown on a r^au thereof recorded in Book 8,
Pare 71, Viscella^e– s "ans, records of said Cranne County, said
West 18908 feet beim- measured frnr the East line of Anaheim Avenue.
PARCEL 4.
The Easterly 10.00 feet of the North 60.00 feet of the East 120.00
feet of Lot 2? of Fairview Farns, in the r; tv of Costa Yesa, as
shown on a man thereof recorded in Rnok 8, Pave 71, Miscellaneous
`"ars, records of sa' , Crar7r Pornty.
PAPC} L [.
"he Easterly 10.00 feet rf the North 1 acre of the Easterly r acres
of Lot 23 of Fai.rvien Farms, 4n the Citi- of Costa Yesa as shown on
a rap thereof, recorded in Book 8, La e 71, Viscellaneogs rans.
rer.ords of sa;r' Oranne Comfy (said acreage being calculated to the
street centers or pr rerty lines).
PARCEL 6.
The Easterly 10.00 feet of that:, portion of Lot 2.1 of Fairview Farms,
in the City of Costa Vesa, as shnvn on a man thereof recorded in
Ronk 8, FaFe 71, Viscellaneov s Yaps, records of said Oran7e County,
described as follows:
Eeginn'nr ata pont in the centerli.c of Anaheim Avenue,
distant thereon 05.4 feet Southerly fro7 the intersection of
the centerline of Anaheir Avenue and Hamilton Street, as
said streets are s? nvq, nn the Tar cf said Fairview Farms;
rurn ng. thence So�-therly al^nc- said centerline of Anaheim
Avenue, 78.00 feet; thence Z.;esterly- nare7lel wA th said ceni er»
line of Ramiltnn Stroet, 121.00 feet; thence Northerly parallel
with said centerl4ne of Anaheir- Avenue, 78.00 feet; thence
Easterly Parallel with said centerline of Hamilton Street,
1211.00 feet to the Point of berinni.n�.
PAP (7T, 7.
A. The Easterl:v 10.00 feat of the ?North 40.00 feet of the
So,;th 31T.00 feet or the fest 110.00 feet of the East 200.00
feet of Trot. 33 of Fairview Farms, n the Citi, of Costa T�Iesa,
as shown on a nap thereof recorded in T3r•nk 6, ]are 71,
TTi scell.anen+,s ?'yaps, recorc::s o' sai.d Oran -e County.
P. Parcel 2, An easerent for road ni:rposes and public utilities
along* the West 30.00 feet of the Last 140.00 feet of Lot 33 of
Fairview Farms, i.n the C; t,t of Costa Tlesa, as shnwm on a map
thereof recorded in Dook 8, ','a -e 71, Tii scellaneous Vaps, records
of said Orance County.
FAT; (77, R.
" port; Tot 26, of Fairview Fares, as shnwm on a rap, thereof
recorded in Pnnl 89 Panc 71, T,'J..: cellaneors iTaps, recnres of
Cran-e Crninty, Cali -forma, descri-bed as follows:
The ','ecterly one and a half feet of a parcel descri.bec?_-a�
hecri nri n:- at the Sm thwest cnrnc-r of said lot, arx, running
thence Easterly alone= the Snl�therly line of said lot, 100.00
feet; thence Northerly parallel with tie Westerly line of said
lot, 200.00 feet; thence !-.esterly parallel with the S!-.t,hGrlY
1�-ne of said lot, 100.00 feet to the lesterly line of sa-d lot;
thence Sc%i7thPrly alonf- sal(I liesterly line, 200.00 feet to the
point of berinning.
SF''TTON 6. That the Cit.- rlerlr stall veriP7 the adnntin of this
ResolrAl on.
AP"T'TF-'l,. STC'r' P ANIT� A' IFOVED thi.s 1�-th day of March, logic.
�IN
1�1 r n;. the rite of Costa ?,,esa
ATTEST:
4.2
City C1erF o -f the Ci l- of Costa 'Iesa
STATE OTS, CATJF(FI%.ITA )
CO"I'17Y OF ANrjE ) Ss.
CT`I7 ('T' C�:�;ri,h ,,grgp )
T, A. C. SV.iARTZ, City Clerk and ex -officio Clerk of the City Council
of thc ri ti- of Cost1 >'esa, do here"n, rerti fy that at an ad,jn+Trned regular reeti n.g
of V e Cit,, Co+)nr,il, C� ty of Costa I'esa, California, held nn the 16th day of Y:arch,
11)r0, the frnreSnin,- ResolnVnn No. {70 was cnnsic?ered and teat, sada Fesolution was
then_ passed ar1ci r�
ad -+ed as a whole b- the follovinp- roll -call vote, to wit:
FA, B. S".`TTH, Y.EYERS,PI`dfLLY. J. S?ITH
NnES: Cr'IIT ;rTL"EN - NPNP,
ABSENT: COTI�ICT7" EN - !,vI PYTj
TiT ?.TTr'i;;; ?^IIIF; r,rF , T have hereunto set my hand and seal this 17th
day of Yarch, 1Q50.
City rl er V and ex -officio Clark of the
City Council of the City of Costa Vesa
�� - -- Chi of Deputy