HomeMy WebLinkAbout70-11 - Authorizing Acquisition of Placentia Ave Easements by CondemnationRESOLUTION NO. 70-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA, FINDING, DETERMINING AND DECLARING THAT THE
PUBLIC INTERESTS 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 worm 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 Placentia
Avenue.
SECTION 2. That the public interest and necessity require the acqui-
sition for and in connection with said public improvement of the street
easements and rights of way for public street in real property, and is
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 auth-
orized, 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 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 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 S. 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 theCity, 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 improvements, to be so acquired by condemnation as the
easements and rights of way for public street purposes, and each
2(
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:
The north 55.50 feet of the south 246.00 feet of the west
one-half of Lot 49 of Fairview Farms, in the City of Costa
Mesa, County of Orange, State of California, as per map -�
recorded in Book 8, page 71 of Miscellaneous Maps, in the
office of the County Recorder of said county.
The portion to be condemned is described as:
All that land lying within a strip of land measuring 40.00
feet Easterly at right angles from the centerline of
Placentia Avenue.
PARCEL 2:
Parcel 1: The east 59.50 feet of the west 130.00 feet of
Lot 48 of Fairview Farms, in the City of Costa Mesa, County
of Orange, State of California, as per map recorded in Book
8, page 71, of Miscellaneous Maps, in the office of the
County Recorder ofsaid County.
Except the south 500.00 feet thereof.
Parcel 2: The west 72.50 feet of Lot 48 of Fairview Farms
in the City of Costa Mesa, County of Orange, State of
California, as per map recorded in Book 8, page 71, of
Miscellaneous Maps, in the office of the County Recorder
of said county.
Excepting the south 500.00 feet thereof.
The portions to be condemned are described as:
A. All that land lying within a strip of land measured
40.00 feet easterly from the centerline of Placentia Avenue.
B. All that land lying within a strip of land measured 37.00
feet southerly from the centerline of Wilson Street.
C. All that land lying northwesterly of a curved line having
a radius of 22.00 feet concave southeasterly and tangent to
the easterly line of Parcel "A" above described and tangent
to the southerly line of Parcel "B" above described.
PARCEL 3:
The east 59.50 feet of the west 251.00 feet of Lot 48, of
Fairview Farms, in the City of Costa Mesa, County of Orange,
State of California, as per map recorded in Book 8, page 71,
of Miscellaneous Maps, in the office of the County Recorder
of said County.
Except the south 500.00 feet thereof.
The east 59.50 feet of the west 191.50 feet of lot 48 of
Fairview Farms, in the City of Costa Mesa, County of Orange,
State of California, as per map recorded in Book 8, page
71, of Miscellaneous Maps, in the office of the County
Recorder of said County.
Except the south 500.00 feet thereof.
Also excepting therefrom any prior dedication on Wilson Street.
The portion to be condemned is described as:
Beginning at a point at the northwesterly corner of the above
described portion of Lot 48, said point being 30.00 feet
distant southerly from the centerline of Wilson Street;
thence, north 89° 27' 21" east, a distance of 119 feet to
the east line of the above described portion of Lot 48; thence,
south 82° 40' 29" west, a distance of 47.09 feet to a point
which is the beginning of a curve concave northerly having a
radius of 206.5 feet; thence, westerly along the are of said
curve a distance of 24.44 feet through a central angle of 6°
46' 52", thence, south 89° 27' 21" west, a distance of 47.86
feet to the west line of the above described portion of Lot
48; thence, north 00° 32' 39" east, a distance of 7.00 feet
to the point of beginning.
PARCEL 4:
The north 100.00 feet of the south 250.00 feet of the west
half of Lot 33 of Tract No. 9, in the City of Costa Mesa,
County of Orange, State of California, as per map recorded
in Book 9, page 9, of Miscellaneous Maps, in the office of
the County Recorder of said County.
Except the east 150.00 feet thereof.
Also except therefrom all minerals, oil, gas, asphaltum,
brea, and other hydrocarbon substances in or under said
land, as mserved in the deed from George Capron, also known
as George H. Capron, and Ednah Race Capron, husband and wife,
to K. P. Wallace, a married man, recorded March 17, 1952
in Book 2302, page 149, Official Records.
The portion to be condemned is described as:
All that land lying within a strip of land measuring 40.00
feet easterly at right angles from the centerline of Placentia
Avenue.
PARCEL 5:
The south 56.00 feet of the north 316.00 feet of the west half
of Lot 33 of Tract No. 9, in the City of Costa Mesa, County
of Orange, State of California, as per map recorded in Book 9,
page 9, of Miscellaneous Maps, in the office of the County
Recorder of said County.
The west half of Lot 33, of Tract No. 9, in the City of Costa
Mesa, County of Orange, State of California, as per map re-
corded in Book 9, page 9, of Miscellaneous Maps, in the office
of the County Recorder of said County.
Except the north 316.00 feet thereof.
Also except the south 250.00 feet thereof.
The portion to be condemned is described as:
All that land lying within a strip of land measuring 40.00
feet easterly at right angles from the centerline of Placentia
Avenue.
SECTION 6. That the City Clerk shall verify the adoption of
this resolution.
PASSED AND ADOPTED this 2nd day of February, 1970.
ATTEST: Mayor of the City of Costa Mesa
6_4-6�
Acting City Clerk of the City of Co a Mesa
STATE OF CALIFORNIA }
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA }
EILEEN P. PHINNEY, Acting
I, C-.- - RI -EST, 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. 70-11
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 2nd day
of February, 1970.
IN WITNESS WHEREOF, I have hereun et my h% anc� affixed
the Seal of the City of Costa Mesa, this day of are , 1970.
Acting City Clerk and ex -officio Clerk the
City Council of the City of Cos Mesa