HomeMy WebLinkAbout71-03 - Condemnation Authorized; Directing City Attorney to ProceedRESOLUTION NO. 71-3
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 acquisi-
tion, 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 obstructions as may be necessary, all together with
appurtenances and appurtenant work in connection therewith in an alley
running northwest from Irvine Avenue for a distance of approximately
126 feet, being located generally southerly from 17th Street approxi-
mately 290 feet.
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
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, direc-
ted, 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 juris-
diction 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 author-
ized 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 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.
That portion of Lot 88, of Newport Heights, in the City of
Costa Mesa, County of Orange, State of California, as per
map recorded in Book 4, page 83 of Miscellaneous Maps, in the
office of the County Recorder of said County, described as
follows:
Beginning at the most Easterly corner common to Lot 78 and 88
of said Newport Heights; thence, North 49' 59' 49" West, along
the Southwesterly line of said Lot 88, a distance of 126.00
feet; thence, North 40' 00' 00" East 12.50 feet; thence, South
490 59' 49" East, parallel with and distant 12.50 feet North-
easterly measured at right angles from the Southwesterly line of
said Lot 88, a distance of 111.00 feet to the beginning of a
tangent curve concave Northerly and having a radius of 24.50
feet; thence, Southeasterly along said curve an arc distance of
16.14 feet through a central angle of 37o 45' 07" to the South-
easterly line of said Lot 88, a radial line through said point
bears South 2' 15' 04" West; thence, South 40' 00' 00" West,
along said Southeasterly line, 17.63 feet to the point of
beginning.
SECTION 6. That the City Clerk shall verify the adoption of this
resolution.
PASSED AND ADOPTED this 4th day of January, 1971.
M or of the City of Costa Mesa
ATTEST:
p.y
City Clerk of the City of Costa M
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, City Clerk and ex -officio 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. 71-3 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 January, 1971.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Seal of the City of Costa Mesa, this 5th day of January, 1971.
J op
City Clerk and ex -officio Clerk f the
City Council of the City of Co a Mesa
0
• �o
R,
{
n v u
> m c
r r a
n o
c A
r o<
> O o
O D
O 7t
2
u
JJ V.V V
!� D
O �
O
_
z
O
S
= L
p
M
0
_
z
C) T-
s
o
o
D
ID"
n
O
C -
(p Z;,
o�
m
Z
T' rT) n
n
—y
n r r
a
o
p G) �)
-1)rn
oN
z
- i rn D
D (,� _
-[
a
n
O
- 1 'i C)
J
s
>
m r
D
o
z
--IC
C--1
9
-<
;T1
n
JJ V.V V