HomeMy WebLinkAbout73-52 - Condemnation for Street Purposes Authorized - FairviewRESOLUTION NO. 73-52
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 ACQUI-
SITION 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 BE IT RESOLVED, that the City Council of the City of
Costa Mesa does hereby find, determine, declare and order that the public
interest and necessity require the acquisition, construction and com-
pletion 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.
BE IT FURTHER RESOLVED 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.
BE IT FURTHER RESOLVED 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.
BE IT FURTHER RESOLVED that said City proceed, and it is hereby
authorized, directed and empowered, and ROY E. JUNE, 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 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 proceedings or proceeding 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 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.
BE IT FINALLY RESOLVED that 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 said parcel herein, is
situated in the City of Costa Mesa, County of Orange, State of California,
and is more particularly described as follows:
"That portion of Lot 8 of Tract No. 156, in the City of Costa
Mesa, County of Orange, State of California, as shown on a map
thereof recorded in Book 11, Page 47, Miscellaneous Maps,
records of said Orange County, lying north of a line described
as beginning at a point in the centerline of Santa Ana Road
which bears north 0° 32" west 468.98 feet from the intersection
of said centerline with the northwesterly line of the right of
way of the Southern Pacific Railway Company; thence north
89° 28' east 364.72 feet to an intersection with the northwesterly
line of the Thurin Station Grounds of the said Southern Pacific
Railway Company;
EXCEPTING THEREFROM the south 103.6 feet measured along the
westerly line thereof;
�- ALSO EXCEPTING 'THEREFROM that portion thereof lying southeasterly
of a line that is parallel with and northwesterly 180.00 feet,
measured at right angles from that certain course and its north-
easterly prolongation in the southeasterly line of said Lot 8, as
said course is shown on said map as having a length of 350.00
feet."
The portion to be condemned is described as follows:
"All that land lying within a strip of land measured 50.00 feet
easterly from the centerline of Fairview Road."
PASSED AND ADOPTED this 4th day of June, 1973.
Mayor the City of Costa Mesa
ATTEST:
City Clerk of the City of Cost esa
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. 73-52 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 June, 1973.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Seal of the City of Costa Mesa this 5th day of June, 1973.
City Clerk and ex -officio Clerk the
City Council of the City of CostvMesa
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