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HomeMy WebLinkAbout71-39 - Authorizing Condemnation - Fairview Road EasementRESOLUTION NO. 71-39 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 Fairview Road. 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, 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 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: The South 200.00 feet of the North rectangular 520.00 feet of the East one-half of Lot 4 of Tract 9, in the City of Costa Mesa, in the County of Orange, State of California, as per map thereof recorded in Book 9, at page 9, of Miscellaneous Maps, records of said Orange County. The portion to be condemned is described as: PARCEL 2: PARCEL "A": The East 150.04 feet of Lot 79, and the South half of the East 150.04 feet of Lot 80 of Tract No. 57, in the City of Costa Mesa, California, Avocado Orchard Acres, as shown on a map thereof recorded in Book 10, page 3, Miscellaneous Maps, records of Orange County, California. EXCEPTING THEREFROM the South 80.50 feet of said Lot 79 PARCEL "B": The South 80.50 feet of the East 150.04 feet of Lot 79, and the North 20.00 feet of the East 150.04 feet of Lot 78, Tract No. 57, in the City of Costa Mesa, as per map recorded in Book 10, page 3, Miscellaneous Maps, records of said County. PARCEL 3: PARCEL "C": Lot 80, Tract 57, in the City of Costa Mesa, as per map thereof recorded in Book 10, page 3, Miscellaneous Maps, records of Orange County, California. EXCEPT the South 61.5 feet thereof. Beginning at a point which is 40.00 feet Westerly of the centerline of Fairview Road and 139.54 feet Northerly of the centerline of Wilson Street; thence Westerly along the Southerly boundary line of the above described Lot 4, a distance of 20.00 feet; thence Northerly along a line parallel with the centerline of Fairview Road a distance of 96.33 feet to the beginning of a curved line concave Southeasterly and having a radius of 100.00 feet; thence along said curved line a distance of 17.45 feet; thence Northeasterly a distance of 40.09 feet to a point 51.52 feet West of the centerline of Fairview Road to the beginning of a curved line concave Northwesterly and having a radius of 100.00 feet; thence along said line a distance of 17.45 feet to a point which is 50.00 feet Westerly from the centerline of Fairview Road; thence Northerly along a line which is 50.00 feet from and parallel to the centerline of Fairview Road to the Northerly boundary of the above described portion of Lot 4; thence Easterly along said boundary a distance of 10.00 feet to a point which is 40.00 feet from the centerline of Fairview Road; thence Southerly along a line parallel with the centerline of Fairview Road to the point of beginning. PARCEL 2: PARCEL "A": The East 150.04 feet of Lot 79, and the South half of the East 150.04 feet of Lot 80 of Tract No. 57, in the City of Costa Mesa, California, Avocado Orchard Acres, as shown on a map thereof recorded in Book 10, page 3, Miscellaneous Maps, records of Orange County, California. EXCEPTING THEREFROM the South 80.50 feet of said Lot 79 PARCEL "B": The South 80.50 feet of the East 150.04 feet of Lot 79, and the North 20.00 feet of the East 150.04 feet of Lot 78, Tract No. 57, in the City of Costa Mesa, as per map recorded in Book 10, page 3, Miscellaneous Maps, records of said County. PARCEL 3: PARCEL "C": Lot 80, Tract 57, in the City of Costa Mesa, as per map thereof recorded in Book 10, page 3, Miscellaneous Maps, records of Orange County, California. EXCEPT the South 61.5 feet thereof. The portion to be condemned is described as: All that land lying within a strip of land measured 50.00 feet Westerly from the centerline of Fairview Road. 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: f�" j (2, ( City Clerk of the City of Costa r so 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. 71-39 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 1 the City of Costa Mesa, this 8th day of June, 1971. J City(561 d ex -officio Clerk o the City Council of the City of Cost Mesa i