HomeMy WebLinkAbout71-38 - Authorizing Condemnation - Placentia Avenue EasementRESOLUTION NO. 71-38
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 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 Placentia 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 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 5. 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 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 improve-
ments, 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
Lot 1 of Tract No. 3517, in the City of Costa Mesa, as shown an a
map thereof recorded in Book 128, pages 39 and 40, Miscellaneous
Maps, records of said Orange County.
The portions to be condemned are described as:
PARCEL A: All that land lying within a strip of land measured
40.00 feet Easterly from the centerline of Placentia Avenue.
PARCEL B: All that land lying Southwesterly of a curved line having
a radius of 17.00 feet concave Northeasterly and tangent to the Easterly
line of Parcel "A" above described and tangent to a line lying 30.00
feet Northerly of and parallel to the centerline of Shalimar Drive.
PARCEL 2:
Lot 17, Tract 2924, in the City of Costa Mesa, as shown on a map
thereof recorded in Book 91, page 8, Miscellaneous Maps, records of
said Orange County.
The portions to be condemned are described as:
PARCEL A: All that land lying within a strip of land measured
38.00 feet Easterly from the centerline of Placentia Avenue.
PARCEL B: All that land lying Southwesterly of a curved line having
a radius of 19.00 feet concave Northeasterly and tangent to the
Easterly line of Parcel "A" above described and tangent to a line
lying 30.00 feet Northerly of and parallel to the centerline of
Scott Place.
PARCEL 3:
The North 165.00 feet of Lot 810 of the Newport Mesa Tract, in the
City of Costa Mesa, as shown on a map thereof recorded in Book 5,
page 1, Miscellaneous Maps, records of said Orange County;
EXCEPT THEREFROM any portion of said land lying within Babcock Avenue,
abutting said land on the West.
The portion to be condemned is described as:
All that land lying within a strip of land measured 40.00 feet
Westerly from the centerline of Placentia Avenue.
PARCEL 4
The Southerly 125.00 feet of Lot 804 of Newport Mesa Tract in the
City of Costa Mesa as shown on a map thereof recorded in Book 5,
page 1, Miscellaneous Maps, records of said Orange County;
EXCEPT THEREFROM the West 468.60 feet.
The portions to be condemned are described as:
PARCEL A: All that land lying within a strip of land measured 40.00
feet Westerly from the centerline of Placentia Avenue.
PARCEL B: All that land lying Southeasterly of a curved line having
a radius of 17.00 feet concave Northwesterly and tangent to the Westerly
line of Parcel "A" above described and tangent to a line lying 30.00
feet Northerly of and parallel to the centerline of 18th Street.
SECTION 6. That the City Clerk shall verify the adoption of this
resolution.
PASSED AND ADOPTED this 7th day of June, 1971.
yor of the City of Costa Mesa
ATTEST:
City Clerk of the City of Costa Me
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, 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. 71-38 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 7th day of June, 1971.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa, this 8th day of June, 1971.
City Clerk and ex -officio Clerk of e
City Council of the City of Cost esa