HomeMy WebLinkAbout68-102 - Acquisition of Street Easements and Rights of Way for Public StreetsRESOLUTION N0. 68-102
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.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE
AS FOLLOWS:
THAT 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, 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 Wilson Street.
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 Ccs to 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, 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 interests in real property
or existing improvements, which the City Attorney of theCity
of Costa Mesa is authorized and directed to acquire in the
name of the City, is hereinafter described:
a'
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
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.
Parcel 1:
That portion
of Lot
5 of Fairview
Farms, in the
City of Costa
Mesa, as per map recorded in Book 8, page 71, of Miscellaneous
Naps, in the office of the County Recorder of said county,
described as follows:
Beginning at a point on the centerline of Harbor Boulevard
(formerly Fairview Avenue), Northerly 393.52 feet from the
centerline of Wilson Street as said centerlines are shown on
a map of Tract No. 2845, recorded in Book 93, pages 43 and 44,
of said Miscellaneous Maps; thence Easterly 164.00 feet
parallel with said centerline of Wilson Street: thence Southerly
80.00 feet parallel with said centerline of Harbor Boulevard to
the Northerly line of the land described in the deed to Delbert B.
Williams, at ux, recorded May 2, 1956, in Book 3494, page 554,
of Official Records; thence Easterly 122.30 feet parallel with
said centerline of Wilson Street to the Northeasterly corner of
said Williams land; thence Southerly 65.00 feet parallel with said
centerline of Harbor Boulevard to the Southeasterly corner
of said Williams land; thence westerly 6.30 feet parallel with
said centerline of Wilson Street: thence Southerly 223.52 feet
parallel with said centerline of Harbor Boulevard to the Southerly
line of said Lot 5: thence Easterly 537.07 feet to a line parallel
with said centerline of Harbor Boulevard and Westerly 60.00 feet
from the East line of said Lot 5, thence Northerly 221.35 feet
along last said parallel line; thence Westerly 48.00 feet
parallel with said centerline of Harbor Boulevard; thence westerly
264.07 feet parallel with said centerline of Wilson Street to a
line parallel with and Easterly 505.00 feet from said centerline of
Harbor Boulevard; thence Northerly 305.00 feet along last said parallel
line; thence South 890 59' 27" West 170.00 feet: thence South 00 00'
29" East 10.18 feet; thence South 890 59' 27" West 335 feet more or less;
to the centerline of Harbor Boulevard; thence south along said
centerline to the point of beginning.
Parcel 2. That portion of Lot 5 together with the 12.00 feet
alley adjoining on the North in Fairview Farms, in the City of
Costa Mesa, as per map recorded in Book 8, Page 71,of Miscellaneous
Maps, in the office of the County Recorder of said county, described
as a whole as follows:
Beginning at the intersection of the Northerly prolongation of the
East line of said Lot 5 with the Westerly prolongation of the
Southerly line of Tract No. 2750, as per map recorded in Book 91,
page 1, of said Miscellaneous Maps; thence South 00 00' 37"
West 635.54 feet along said prolongation and East line to the
Southeast corner of said Lot 5; thence South 890 59' 27" West
60.00 feet parallel with the centerline of Wilson Street, as shown
on said map of Fairview Farms and also shown on a map of Tract No.
2845, recorded in Book 93, pages 43 and 44, of said Miscellaneous
Maps: thence North 00 00' 29" West parallel with the centerlineof ■
Harbor Boulevard, as shown on said map of Tract no. 2845, a distance J
of 221.35 feet: thence North 890, 59' 27" West parallel with said
centerline of Wilson Street 48.00 feet: thence South 00, 00' 29" East
parallel with said centerline of Harbor Boulevard, 30.00 feet; thence
North 890 59' 27" West parallel with said centerline of Wilson Street
264.07 feet to a line parallel with and distance Easterly 505.00 feet,
measured at right angles, from said centerline of Harbor Boulevard;
thence North 00 00' 29" West along last described parallel line to
its intersection with the Westerly prolongation of the said Southerly
line of Tract No. 2750: thence North 890 59' 17" East of the point of
beginning.
EXCEPTING THEREFROM any portion lying within Harbor Boulevard and Wilson
Street previously dedicated for street and highway purposes.
The Portion to be condemned is described as:
All that land of Parcels 1 and 2 of Lot 5, Fairview Farms some described
lying within a strip of land measuring 40.00 feet Northerly at right angles
from the centerline of Wilson Street.
PARCEL 2.
Parcel 1. Beginning in the South line of Lot 5, Fairview Farms, as shown
on a map recorded in Book 8, pages 70 and 71. Miscellaneous Maps, records
of said Orange County, at a point distant thereon and on the Westerly extension
thereof 280.00 feet from the centerline of Harbor Boulevard and running
thence Northerly parallel with said centerline of Harbor Boulevard 223.52 feet;
thence Westerly parallel with the South line of said lot, 80.00 feet; thence
Southerly parallel with said centerline of Harbor Boulevard 223.52 feet to said
South line; thence Easterly along said South line 80.00 feet to the point of
beginning.
Parcel 2. That portion of said Lot 5 in Fairview Farms, lying South of a line
described as follows: Beginning at a point on the centerline of Harbor Boulevard,
Northerly 248.52 feet from the centerline of Wilson Street; thence Easterly
parallel with the centerline of said Wilson Street to the East line of said Lot
5•
EXCEPT that portion thereof lying East of a line described as follows: Be-
ginning at a point on the South line of said Lot 5 Easterly 200.00 feet from
the centerline of said Harbor Boulevard: thence North 223.52 feet to the North
line of said land.
ALSO EXCEPT the West 145.00 feet of the South 124.00 feet of said Lot 5•
ALSO EXCEPTING THEREFROM any portion lying within Harbor Boulevard and
Wilson Street previously dedicated for street and highway purposes.
The portion to be condemned is described as:
All that land of the above described parcels 1 and 2 of Lot 5, Fairview Farms,
lying within a strip of land measuring 40.00 feet Northerly at right angles
from the centerline of Wilson Street.
PARCEL 3.
The West 145.00 feet of the South 124.90 feet of Lot 5 of Fairview Farms, in
the City of Costa Mesa, as shown on a map thereof recorded in Book 8, pages
70 and 71, Miscellaneous Maps, records of said Orange County.
EXCEPTING THEREFROM any portion lying within Harbor Boulevard and Wilson
Street previously dedicated for street and highway purposes.
The portions to be condemned are described as:
A. All that land of the above described portion of Lot 5, Fairview Farms,
lying 40.00 feet Northerly at right angles to the centerline of Wilson Street.
B. That portion of said Lot 5 lying within a triangular section of land
beginning at the intersection of the Northerly line of Parcel "A" above described and
the Easterly line of Harbor Boulevard measured at right angles 50.00 feet from
�+ the centerline of said Harbor Boulevard, thence Easterly along said Northerly
■■.1 line a distance of 27.00 feet; thence along a line Northwesterly to its inter-
section with the Easterly line of Harbor Boulevard at a point 27.00 feet Northerly
of the point of beginning; thence Southerly to the point of beginning.
PARCEL 4.
Parcel 1: That portion of Lot 30 of Fairview Farms, in the City of Costs
Mese, as shown on a map thereof recorded in Book 8, Page 71, Miscellaneous Maps,
records of said Orange County, described as follows:
Beginning at the Southeast corner of said Lot 30 and running thence Westerly
along the South line of said Lot 30, 156.00 feet; thence at right angles,
Northerly 161.27 feet; thence at right angles Easterly 156.00 feet to the East
line of said Lot 30, 161.27 feet to the point of beginning.
,14arcel 2. That portion of Lot 30 of Fairview Farms, in the City of Costa
Mesa, as shown on a map thereof recorded in Book 8, page 71, Miscellaneous
Maps, records of said Orange County, described as follows:
Beginning at a point on the Southerly line of said Lot 30, distant thereon
156.00 feet Westerly of the Southeasterly corner of said lot; thence Westerly
33.00 feet along said Southerly line; thence at right angles Northerly 161.37
feet; thence at right angles Easterly 33.00 feet; thence at right angles
Southerly 161.27 feet to the point of beginning.
EXCEPTING THEREFROM any portion lying within Harbor Boulevard (formerly Fairview
Avenue) and Wilson Street previously dedicated for street and highway purposes.
The portions to be condemned are described as:
A. All that land of the above described portion of Lot 30, Fairview Farms,
measuring 40.00 feet Northerly at right angles from the centerline of Wilson
Street.
B. That land lying Southeasterly of a curved line having a radius of 27.00
feet concave Northwesterly and tangent to a line lying 60.00 feet Westerly
of and parallel to the centerline of Harbor Boulevard and tangent to the
Northerly line of Parcel "A" above described.
PARCEL 5•
The North 150.00 feet of the East 170.00 feet of Lot 29 of Fairview Farms,
in the City of Costa Mesa, as shown on a map thereof recorded in Book 8,
page 71, Miscellaneous Maps, records of said Orange County:
EXCEPTING 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 drilling,
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 500.00
feet to said surface as reserved in the deed from Jack Edmond Lowe and wife,
recorded June 15, 1955, in Book 3103, page 479, Official Records.
EXCEPTING THEREFROM any portion lying within Harbor Boulevard and Wilson
Street previously dedicated for street and highway purposes.
The portions to be condemned are described as:
A. All that land of the above described portion of Lot 29, Fairview Farms,
lying within a strip of land measuring 40.00 feet Southerly at right angles
from the centerline of Wilson Street.
B. All that land lying Northeasterly of a curved line having a radius of
27.00 feet concave Southwesterly and tangent to the Southerly line of Parcel
"A" above described and tangent to the Westerly line of Harbor Boulevard (100.00
feet in width).
PARCEL 6
Parcel 1: The West 145.00 feet of the North 150.00 feet of Lot 6 of Fairview
Farms, in the City of Costa Mesa, as shown on a map thereof recorded in Book 8,
page 71, Miscellaneous Maps, records of said Orange County.
Parcel 2: That portion of Lots 6 and 7 of Fairview Farms, in the City of
Costa Mesa, as shown on a map thereof recorded in Book 8, page 71,
Miscellaneous Maps, records of said Orange County, described as follows:
Beginning at the Northeast corner of the land described in the deed of trust
recorded July 15, 1955, in Book 3141, page 210, Official Records, said point
being on the North line of said Lot 6, distant Easterly 145.00 feet from the
Northwest corner of said Lot 6; thence Easterly along said North line, 55.00
feet; thence Southerly parallel with the Westerly line of said Lot 6, 333.33 feet
to the Southwesterly corner of the land described as Parcel 2 in the agreement
recorded June 14, 1965, in Book 6589• page 270, Official Records; thence Easterly
parallel with the Southerly line of said Lot 6, 197.00 feet; thence Southerly,
parallel with the Westerly line of said Lots 6 and 7 to a point in the South
line of said Lot 7; thence Westerly, along said Southerly line to a line parallel
with and distant Easterly 330.00 feet from the centerline of Fairview Avenue
i
(now Harbor Boulevard), as shown on said map: thence Northerly along
said parallel line, 360.00 feet more or less, to the Southeast corner
of Parcel 2 as described in the deed to C. Gertrude Stovall, a married
woman, recorded August 10, 1959, in Book 4833, page 284, Official Records: thence
Westerly along the Southerly line of said Parcel 2, 300.00 feet to a point in
the Westerly line of said Lot 7; thence Northerly along the Westerly line of
Lots 7 and 6, 336.66 feet to the Southwesterly corner of the land described
in said deed of trust; thence Easterly along the Southerly line of said last
mentioned land, 145.00 feet to the Southeasterly corner of said land; thence
Northerly along the Easterly line of said land 150.00 feet to the point of
beginning.
EXCEPTING THEREFROM any portion lying within Harbor Boulevard and Wilson
Street previously dedicated for street and highway purposes.
The portions to be condemned are described as:
A. All that land of the above described portions of Lot 6, Fairview Farms,
lying within a strip of land measuring 40.00 feet Southerly at right angles
from the centerline of Wilson Street.
B. All that land lying Northwesterly of a curved line having a radius of
27.00 feet concave Southeasterly and tangent to the Southerly line of Parcel
"A" above described and tangent to the Easterly line of Harbor Boulevard
(100.00 feet in width).
PARCEL 7.
Lot 6 of Fairview Farms, City of Costa Mesa, as per map recorded in Book 81
page 71, of Miscellaneous Maps, in the office of the County Recorder of said
County, EXCEPT the West 200.00 feet thereof and the South 90.00 feet thereof,
said distances being measured by lines parallel to the respective Westerly
and Southerly lines of said Lot 6.
EXCEPTING THEREFROM any portion lying within Wilson Street and College Avenue
previously dedicated for street and highway purposes.
The portions to be condemned are described as:
PARCEL A: All that land of Lot 6, Fairview Farms, above described lying within
a strip of land measuring 40.00 feet Southerly of at right angles from the
centerline of Wilson Street.
PARCEL B: All that land .hying Northeasterly of a curved line having a radius
of 27.00 feet concave Southwesterly and tangent to the Southerly line of
Parcel "A" above described and tangent to the Westerly line of College
Avenue (80.00 feet in width).
SECTION 6. That the City Clerk shall verify the adoption of this resolution.
PASSED AND ADOPTED this 24th day of December, 1968.
ATTEST:
Mayor of the City of Costa Mesa(—
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. 68-102 was duly
and regularly passed and adopted by the City Council of the City of
Costa Mesa at a special meeting thereof held on the 24th day of
December, 1968.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the Seal of the City of Costa Mesa, this 24th day of December, 1968.
City Clerk and ex -officio Clerk
of the City of Costa Mesa
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