HomeMy WebLinkAbout67-01 - Authorizing Acquisition of Easements - Sunflower Ave. AreaRESOLUTION N0. 67-1
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, in conjunction with the County of
Orange, is about to grade, pave, construct curbs and gutters, concrete cross
gutters, and to make such other improvements as are generally found in connec-
tion with municipal street improvements; and
WHEREAS, detailed plans and specifications for said work are being
designed and compiled by the Engineering Department of Orange County, the same
to be approved by the City Engineer for the City of Costa Mesa, and a copy
which will be kept in the office of the City Clerk; and
WHEREAS, by written agreement between the County of Orange and the City
of Costa Mesa, the City is obligated to acquire certain right away for the
aforesaid improvements; 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 acqui-
sition, construction and completion by the City of Costa Mesa and the County of
Orange, of a public improvement, to wit, the grading, paving, construction o£
curbs and gutters, concrete cross gutters, and such other improvements as are
generally found in municipal street improvements, including such demolition and
removal of obstructions as may be necessary, all together with appurtenances
and work in connection therewith, in Sunflower Avenue between the intersection
of Sunflower Avenue and Bear Street and the intersection of Sunflower Avenue
and Fairview Road.
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 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.
SECTION 4. That said City proceed, and it is hereby authorized, directed,
and empowered, and ROY E. JUNE, 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.
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(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.
(d) To make deposit of such security out of proper hinds 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 City of
Costa Mesa, County of Orange, State of California, and are more particularly
described as follows:
PARCEL 1.
A portion of the 4576.25 acre parcel of land allotted to James McFadden
in the decree of partition of the Rancho Santiago de Santa Ana, recorded
in book "B" of Judgments of the 17th Judicial District Court of California,
in the City of Costa Mesa, described as follows:
Beginning at the intersection of the center line of Sunflower Avenue,
formerly Wakeham Avenue, 50.00 feet in width, with the center line of Bear
Street, 50.00 feet in width, as said intersection is shown on a Record
of Survey filed in book 45, page 12 of Record of Surveys of said Orange
County; thence South 880 55' 50" West, along said center line of Sunflower
Avenue, 988.97 feet to the Easterly line of a parcel of land described in
a deed, recorded in book 5552, page 510, Official Records, said Easterly
line being parallel with the center line of said Bear Street; thence South
00 48' 30" East, along said Easterly line, 236.89 feet to the true point
of beginning; thence continuing South 00 48' 30" East, along said Easterly
line 107.33 feet; thence North 490 00' 00" West, 84.86 feet to the beginning
of a tangent curve, concave Southwesterly, having a radius of 960.00 feet;
thence Northwesterly, and Westerly along said curve through a central angle
of 420 04' 10", an arc length of 704.88 feet to a line parallel with and
50 feet Southerly of the center line of Sunflower Avenue; thence South
880 55' 50" West, parallel with said center line of Sunflower Avenue,
256.36 feet to the Westerly line of the parcel of land described in said
deed said Westerly line also being parallel with the center line of said
Bear Street; thence North 00 48' 30" West, along said Westerly line,
15.00 feet to the Southerly line of said Sunflower Avenue, 50 feet in
width; thence North 880 55' 50" East, along said Southerly line, 618.20
feet to a point on a non -tangent curve, concave Southwesterly, having a
radius of 1040.00 feet, through said point, a radial line of said curve
bears North 190 17' 41" East; thence Southeasterly along said curve
through a central angle of 210 42' 19", an arc distance of 393.98 feet
to the beginning of a tangent line; thence South 490 00' 00" East, 13.31
feet to the true point of beginning.
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PARCEL 2.
A portion of the 4576.25 acre parcel of land allotted to James McFadden
in the decree of partition of the Rancho Santiago de Santa Ana, recorded
in book "B" of Judgments of the 17th Judicial District Court of
California, in the City of Costa Mesa, described as follows:
Beginning at the intersection of the center line of Sunflower Avenue,
formerly Wakeham Avenue, 50.00 feet in width, with the center line of a
Bear Street, 50.00 feet in width, as said intersection is shownon a J
Record of Survey filed in book 45, page 12 of Record of Surveys of said
Orange County; thence South 880 55' 50" West, along said center line of
Sunflower Avenue, 667.65 feet to the Easterly line of a parcel of land
described in a deed, recorded in book 5552, page 517, Official Records,
said Easterly line also being parallel with the center line of said Bear
Street; thence South 00 48' 30" East along said Easterly line, 515.54
feet to the true point of beginning; thence continuing South OP 48' 30"
East, along said Easterly line, 117.52 feet; thence North 490 00' 00"
West, 431.08 feet to the Westerly line of the parcel of land described
in said deed, said Westerly line also being parallel with the center line
of said Bear Street; thence North Oe 48' 30" West, along said Westerly
line, 107.33 feet; thence South 490 00' 00" East, 387.70 feet, thence
South 600 43' 42" East, 37.37 feet to the true point of beginning.
PARCEL 3.
A portion of the 4576.25 acre parcel of land allotted to James McFadden
in the decree of partition of the Rancho Santiago de Santa Ana, recorded
in book "B" of Judgments of the 17th Judicial District Court of
California, in the City of Costa Mesa, described as follows:
Beginning at the intersection of the center line of Sunflower Avenue,
formerly Wakeham Avenue, 50.00 feet in width, with the center line of
Bear Street, 50.00 feet in width, as said intersection is shown ona
Record of Survey filed in book 45, page 12 of Record of Surveys of said
Orange County; thence South 00 48' 30" East along the center line of said
Bear Street, 784.30 feet to the center line of Sunflower Avenue, 40.00
feet in width, as shown on said Record of Survey; thence South 890 11'
30" West, at right angles to said Bear Street, 25.00 feet to the Westerly
line of said Bear Street, and the true point of beginning; thence South
So 48' 30" West along said Westerly line, 60.00 feet; thence South 890
11' 30" West, 35.00 feet to the beginning of a tangent curve, concave
Northeasterly, having a radius of 1060.00 feet; thence Westerly and
Northwesterly, along said curve through a central angle of 300 39' 40",
an are length of 567.25 feet to a point on a non -tangent line, through
said point, a radial line of said curve bears South 290 51' 10" West;
thence North 490 00' 00" West, along said non -tangent line, 90.01 feet
to the Westerly line of a parcel of land described in a deed, recorded
in book 5552, page 514, Official Records, said Westerly line also being
parallel with the center line of said Bear Street; thence North 00 48'
30" West, along said Westerly line, 117.52 feet; thence South 600 43' 42"
East, 148.25 feet to a point of a non -tangent curve, concave Northeasterly,
having a radius of 940.00 feet, through said point, a radial line of said
curve bears South 290 51' 10" West; thence Southeasterly and Easterly
along said curve through a central angle of 300 39' 40", an am length
of 503.03 feet to the beginning of a tangent line; thence North 890 11'
30" East, along said tangent line, 35.00 feet to the Westerly line of
said Bear Street; thence South 00 48' 30" East, along said Westerly line
of Bear Street, 60.00 feet to the true point of beginning.
SECTION 6.
That the City Clerk shall verify the adoption of this Resolution.
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PASSED AND ADOPTED this 3rd day of January, 1967.�,gyp
Mayor of the Cit osta Mesa
ATTEST:
City Clerk of the City of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
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 3rd day of January, 1967, the foregoing Resolution No. 67-1 was considered
and that said Resolution was then passed and adopted as a whole by the
following roll call vote, to wit:
AYES: Councilmen: Barck, Wilson, Tucker, Pinkley, Jordan
NOES: Councilmen: None
ABSENT: Councilmen: None
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 4th
day of January, 1967.
City Clerk and ex -officio Clerk of the
City Council of the City of Costa Mesa