HomeMy WebLinkAbout68-08 - Acquisition of Certain Street Easements and Rights of WayRESOLUTION NO. 68-8
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 is about to grade, pave, construct curbs
and gutters, concrete cross gutters, and to make such other improvements as are
generally found in connection with municipal street improvements; and
WHEREAS, detailed plans and specifications for said work are being designed
and compiled by the City Engineer of the City of Costa Mesa, a copy of which will
be kept in the Office of the City Clerk; and
WHEREAS, it is in the public interest and necessity to require 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 Costa Mesa, of a public improvement,
to -wit, the grading, paving, construction of 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 appurtenant work in connection
therewith, in Placentia Avenue, from 2690. feet north of Wilson Street to 1650
feet south of Adams Avenue.
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 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.
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
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such security in the way of money deposit, as said court may direct, and for an
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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 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 street purposes.
L Said real property, or interest in real property, or existing improvements,
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.
All that certain land situated in the Costa Mesa Sanitary District,
described as follows:
Lot One of Tract No. 1872, as shown on a map recorded in Book 53, Pages 47,
48, and 49 of Miscellaneous Maps, records of Orange County, California.
Except all crude oil, petroleum, gas, brea, asphaltum, and all kindred
substances and other minerals under and in said land, except the right to
use any portion of the surface of the land for drilling operations, mining,
or quarrying of all kinds, including but not exclusive of, oil well drill-
ing, oil development, mining operations, together with the use of said
surface for oil wells, tanks, tunnels, mining excavations, or shafts;
provided, however, the same shall not be construed to prohibit slant
drilling or such other operations which in no way use or in any way affect
the surface rights of said land and which do not enter said land at a
point less than 500 feet to said surface.
PARCEL 2.
The south half of Lot 14 and the north half of Lot 15, Block A, Tract 612,
Costa Mesa Terrace, as shown on a map thereof recorded in Book 20, Pages 1
and 2, Miscellaneous Maps, records of Orange County, California.
Excepting therefrom one-half of all oil, gas, minerals, and hydrocarbon
substances in or under said land, but without the right to enter on the
surface of said land for the purposes of exploring for or extracting oil,
gas, and minerals, as reserved in the deeds conveying said land to Eugene G.
Pettengill and wife, recorded April 30, 1953, in the office of the County
Recorder of said Orange County.
PARCEL 3•
All that certain land situated in the Fairview County Water District, Costa
Mesa Sanitary District, described as follows:
Parcel 1. The east 53 feet of Lot 7 in Block D of Tract No. 612, Costa Mesa
Terrace, as shown on a map recorded in Book 20, Pages 1 and 2 of Miscellane-
ous Maps, records of Orange County, California.
Parcel 2. A non-exclusive easement for ingress and egress over the west 5
feet of the east 60 feet of said Lot 7 in Block D of Tract No. 612, as shown
on a map recorded in Book 30, Pages 1 and 2 of Miscellaneous Maps, records
of Orange County, California.
PARCEL 4.
All that certain land situated in the Newport Mesa Irrigation District,
described as follows:
The north 150 feet of the east 157.50 feet of Lot 801 of Newport Mesa Tract,
as shown on a map recorded in Book 5, Page 1 of Miscellaneous Maps, records
of Orange County, California.
PARCEL 5.
The west 137 Peet of the north 110 Peet of Lot 701 of Newport Mesa Tract,
as shown on a map thereof recorded in Book 5, Page 1, Miscellaneous Maps,
records of Orange County, California.
PARCEL 6.
All that certain land situated in the Fairview County Water District,
described as follows:
Lots 19 and 20 in Block E of Tract No. 612, Costa Mesa Terrace, as shown
on a map recorded in Book 20, Pages 1 and 2 of Miscellaneous Maps, records
of Orange County, California.
Except the east one-half thereof.
PARCEL 7.
Lots 15 and 16 in Block E of Tract No. 612, as shown on a map recorded in
Book 20, Pages 1 and 2 of Miscellaneous Maps, records of Orange County,
California.
PARCEL 8.
All that certain land situated in the Costa Mesa Sanitary District, Fairview
County water District, described as follows:
The westerly 70 feet of Lots 19 and 20 in Block B of Tract No. 612, Costa
Mesa Terrace, as shown on a map recorded in Book 20, Pages 1 and 2 of
Miscellaneous Maps, records of Orange County, California.
PARCEL 9.
All that certain land situated in the Costa Mesa Sanitary District, described
as follows:
The northerly 170.00 feet of the westerly 165.00 feet of Lot 36 in Tract
No. 9, as shown on a map recorded in Book 9, Page 9 of Miscellaneous Maps,
records of Orange County, California, said distances being computed to
center of streets on the north and west sides of said land.
PARCEL 10
The south 135 feet of the westerly 87.5 feet of Lot 49; and the north 55.5
feet of the south 190.5 feet of the west half of said Lot 49; and the easterly
77.50 feet of the westerly 165 feet of the south 135 feet of the west one-
half of said Lot 49; and the south 135 feet of the west one-half of said
Lot 49, excepting therefrom the west 242.5 feet thereof; all of said property
being in said Lot 49, of Fairview Farms, as shown on a map recorded in Book 8,
Page 71, of Miscellaneous Maps, records of Orange County, California.
SECTION 6. That the City Clerk shall verify the adoption of this resolution.
PASSED AND ADOPTED this 5th day of February, 1968.
Mayor of the of Costa 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 of the City of Costa Mesa and ex -officio
Clerk of the City Council of the City of Costa Mesa, hereby certify that the
above and foregoing Resolution No. 68-8 was duly and regularly passed and
adopted by the City Council of the City of Costa Mesa at a regular meeting
thereof held on the 5th day of February, 1968.
IN WITNESS WHEREOF I have hereunto set my hand and affixed the Seal
of the City of Costa Mesa this 5th day of February, 1968.
City Clerk and ex -officio Clerk of the
City Council of the City of Costa Mesa
I