HomeMy WebLinkAbout68-15 - Acquisition of Street EasementsRESOLUTION N0. 68-15
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 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 Costa Mesa, of a public improvement,
to wit, the grading and paving, including such demolition and removal of obstruc-
tions 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, and Roy E. June, the City Attorney for 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 interest 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 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 interest 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 such parcel
shall be a perpetual easement and right of way for street purposes.
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 City of Costa Mesa, described as
follows:
That portion of Lot A of the Banning Tract, as shown on a map of said
Tract filed in the case of Hancock Hanning and others vs. Mary H. Banning
for partition and being Case No. 6385 upon the Register of Actions of the
Superior Court of the State of California, in and for the County of Los
Angeles, lying between the north line of said Lot A and the north line of
Fairview Farms and its westerly extension and between the center line of
the present ditch of the Talbert Drainage District as shown on a map filed
in Book 9, Page 13, of Record of Surveys in the office of the County
Recorder of Orange County, California, and the northerly prolongation of
the westerly line of Lot 55 of Fairview Farms, as shown on a map recorded
in Book 8, Pages 71 and 72 of Miscellaneous Maps, records of Orange County,
California.
Excepting therefrom those portions of said land included within Parcels D,
F, and H-1 as shown on a map filed in Book 53, Pages 34, 35, and 36 of
Record of Surveys in the office of the County Recorder of Orange County,
California.
Also excepting that portion of said land which was condemned for public
school purposes by Final Decree of Condemnation entered in the Superior
Court of the State of California, in and for the County of Orange, Case
No. 97525, a certified copy thereof being recorded June 28, 1963, in
Book 6611, Page 921, of official records.
Also excepting that portion included within the land described in the deed
to the City of Costa Mesa, recorded February 9, 1966, in Book 7836, Page 68,
of official records.
Also excepting that portion included within the land described in a lease
to the City of Costa Mesa, recorded May 6, 1966, in Book 7924, Page 340 of
official records.
Also excepting therefrom all oil, oil rights, minerals, mineral rights,
natural gas, natural gas rights, and other hydrocarbons by whatever name
known that may be within or under said land, as reserved unto George H.
Capron, Ednah Race Capron, and Mary Banning Norris, in the Final Decree
of Condemnation entered in the Superior Court of the State of California,
in and for the County of Orange, Case No. 52195, a certified copy thereof
being recorded August 29, 1950, in Book 2063, Page 534 of official records.
SECTION 6. That the City Clerk shall verify the adoption of this resolution.
PASSED AND ADOPTED this 4th day of March, 1968.
ATTEST: `
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City Clerk of the City of Costa Mesa
Mayor of the Ci o 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. 68-15 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 4th day of March, 1968.
IN WITNESS WHEREOF I have hereunto set my hand and affixed the Seal
of the City of Costa Mesa this 4th day of March, 1968.
City Clerk and ex -officio Clerk of the
City Council of the City of Costa Mesa
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