HomeMy WebLinkAbout70-12 - Authorizing Acquisition of Victoria Street Easements by CondemnationRESOLUTION NO. 70-12
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, con-
struct 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
..W 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 appurten-
ances and appurtenant work in connection therewith, in Victoria Street.
SECTION 2. That the public interest and necessity require the acquisi-
tion for and in connection with said public improvement of the street
easements and rights of way for public street in real property, and as here-
inafter 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 interests in real property, by condemnation, in
accordance with the provisions of the Streets and Highways Code, the Govern-
ment 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 ex-
isting 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 im-
provements, 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�• The north half of the east 200.00 feet of Lot 8 of Fairview
Farms, as shown on a map recorded in Book 8, page 71, of Miscellaneous
Maps, records of Orange County, California.
Parcel 2: The south half of the east 200.00 feet of
Lot 8 in Fairview Farms, as shown on a map recorded in Book 8,
page 71, of Miscellaneous Maps, records of Orange County,
California.
Portions to be condemned are described as:
A. All that land lying within a strip of land measuring 40.00
feet northerly from the centerline of Victoria Street.
B. All that land lying southeasterly of a curved line having
a radius of 17.00 feet concave northwesterly and tangent to
the northerly line of Parcel "a" above described and tangent
to a line lying 40.00 feet westerly of and parallel to the
centerline of College Avenue.
PARCEL 2.-
That
:
That portion of Lot 8 of Fairview Farms as shown on a Map
recorded in Book 8, page 71 of Miscellaneous Maps, records
of Orange County, California, described as follows:
Beginning at a point in the southerly line of said Lot 8,
distant thereon 200.00 feet westerly from the southeast corner
of said lot, and running thence westerly, along said southerly
line 48.25 feet; thence northerly, parallel with the easterly
line of said lot, 205.00 feet; thence easterly, parallel with
the southerly line of said lot, 48.25 feet; thence southerly
parallel with the easterly line of said lot, 205.00 feet to
the point of beginning.
The portion to be condemned is described as:
All that land
feet northerly
Street.
.� PARCEL 3:
lying within a strip of land measuring 40.00
at right angles from the centerline of Victoria
That portion of Lot 8 of Fairview Farms, as shown on a map
recorded in Book 8, page 71, of Miscellaneous Maps, records of
Orange County, California, described as follows:
Beginning at a point in the southerly line of said lot,
distant thereon 248.25 feet westerly from the southeast corner
of said lot, and running thence westerly, along said southerly
line, 174.75 feet; thence northerly parallel with the easterly
line of said lot, 205.00 feet; thence easterly parallel with
the southerly line of said lot, 174.75 feet; thence southerly
parallel with the easterly line of said lot, 205.00 feet to
the point of beginning.
Excepting therefrom the easterly 87.00 feet, 4 1/2 inches
thereof, measured along said southerly line.
The portion to be condemned is described as:
All that land lying within a strip of land measured 40.00
feet northerly from the centerline of Victoria Street.
PARCEL 4:
That portion of Lot 8 of Fairview Farms, as shown on a Map
recorded in Book 8, page 71, of Miscellaneous Maps, records of
Orange County, California,described as follows:
Beginning at a point in the southerly line of said lot,
distant thereon 120.00 feet easterly from the southwest corner
of said land; thence northerly, parallel with the westerly line
of said land, 193.00 feet; thence easterly, parallel with the
southerly line of said land, 120.00 feet; thence southerly,
parallel with the westerly line of said land, 193.00 feet to
the southerly line of said land; thence westerly along said
southerly line 120.00 feet to the point of beginning.
The portion to be condemned is described as:
All that land lying within a strip of land measuring 40.00
feet northerly at right angles from the centerline of
Victoria Street.
PARCEL S:
That portion of Lot 28 of Fairview Farms, as shown on a map there-
of recorded in Book 8, page 71, of Miscellaneous Maps, records
of said Orange County, described as follows:
Beginning at the southeast corner of said Lot 28, and running
thence northerly along the east line of said lot, 63.00 feet;
thence westerlyparallel with the south line of said lot, 133.00
feet; thence southerly parallel with the east line of said
lot, 63.00 feet to the south line of said lot; thence easterly
along said south line, 133.00 feet to the point of beginning.
The portion to be condemned is described as:
A. All that land lying within a strip of land measured 60.00
feet westerly from the centerline of Harbor Boulevard.
B. All that land lying within a strip of land measured 40.00
feet northerly from the centerline of Victoria Street.
C. All that land lying southeasterly of a curved line having
a radius of 27.00 feet concave northwesterly and tangent to
the westerly line of Parcel "A" above described and tangent to
the northerly line of Parcel "B" above described.
PARCEL 6:
The southerly 63.00 feet of that portion of Lot 28 of Fairview
Farms, as shown on a map recorded in Book 8, page 71, of
Miscellaneous Maps, records of Orange County, California,
described as follows:
Beginning at a point in the south line of said Lot 28, distant
thereon 133.00 feet westerly from the southeast corner of
said lot, running thence west along said south line 50.00
feet; thence north, parallel with the east line of said lot,
140.00 feet; thence east parallel with the south line of
said lot, 50.00 feet; thence south, parallel with the east line
of said lot, 140.00 feet to the Point of Beginning.
The portion to be condemned is described as:
All that land lying within a strip of land measuring 40.00 feet
northerly at right angles from the centerline of Victoria
Street.
PARCEL 7:
Parcel 1: The north 71.54 feet of the west 133.45 feet of
Lot 9 of Fairview Farms, as shown on a map recorded in Book
8, page 71 of Miscellaneous Maps, records of Orange County,
California.
Parcel 2: The west 5.00 feet of the east 171.00 feet of
the north 71.54 feet of the west 304.45 feet of Lot 9 of
Fairview Farms, as shown on a map recorded in Book 8, page
71, of Miscellaneous Maps, records of Orange County, California.
The portion to be condemned is described as:
A. All that land lying within a strip of land measured 40.00
feet southerly from the centerline of Victoria 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 a line lying 50.00 feet easterly of and parallel to the
centerline of Harbor Boulevard.
PARC F'T. R
Parcel 1: The east 171.00 feet of the north 71.54 feet of
the west 304.45 feet of Lot 9 of Fairview Farms as shown on
a Map recorded in Book 8, page 71 of Miscellaneous Maps,
records of Orange County, California.
Excepting therefrom the east 86.00 feet.
Also excepting therefrom the west 5.00 feet.
Parcel 2: The east 86.00 feet of the north 71.54 feet of
the west 304.45 feet of Lot 9 of Fairview Farms, as shown
on a map recorded in Book 8, page 71 of Miscellaneous Maps,
records of Orange County, California.
The portion to be condemned is described as:
All that land lying within a strip of land measuring 40.00
feet southerly at right angles from the centerline of
Victoria Street.
PARCEL 9:
The east 53.54 feet of the west 214.16 feet of the north
139.00 feet of Lot 18 of Tract No. 9, as shown on a Map
recorded in Book 9, page 9, of Miscellaneous Maps, records
of Orange County, California.
The portion to be condemned is described as:
All that land lying within a strip of land measuring 40.00
feet southerly at right angles from the centerline of Victoria
Street.
SECTION 6. That the City Clerk shall verify the adoption of
this resolution.
PASSED AND ADOPTED this 2nd day of February, 1970.
Mayor of the City of Costa Mesa
ATTEST:
Acting City Clerk of the City of Costa 6P
a
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
EILEEN P. PHINNEY, Acting
I, GT-K,-PR199T, City Clerk of the City of Costa Mesa
and ex -officio Clerk of theCity Council of the City of Costa
Mesa, hereby certify that the above and foregoing Resolution
No. 70-12 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 hand a d affixed
the seal of the City of Costa Mesa, this day of r'wfit ,
1970.
Acting City Clerk and ex -officio Cleof the
City Council of the City of sta Mesa