HomeMy WebLinkAbout72-62 - Condemnation in South Coast Drive for Storm Drain PurposesRESOLUTION NO. 72-62
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 STORM
DRAIN EASEMENTS AND RIGHTS OF WAY FOR PUBLIC STORM DRAIN 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 install a storm
drain and make such other improvements as are generally found in connection
with municipal storm drain improvements; and
WHEREAS, detailed pians 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 storm drain 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 improve-
ment, to wit, the installation of storm drain and such other improvements
as are generally found in municipal storm drain improvements, including such
demolition and removal of obstructions as may be necessary, all together
with appurtenances and appurtenant work in connection therewith, in South
Coast Drive.
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SECTION 2. That the public interest and necessity require the
acquisition for and in connection with said public improvement of the
storm drain easements and rights of way for public storm drain 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 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 storm drain improvements.
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 storm drain
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 storm drain 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:
STORM DRAIN EASEMENT
SOUTH COAST DRIVE
An easement for storm drain purposes 25.00 feet wide over that portion
of the 4576.25 Acre parcel of land allotted to James McFadden in the final
Decree of Partition of the Rancho Santiago de Santa Ana, a certified copy of
which was recorded September 12, 1868 in Book "B", at page 410 of Judgments
of District Court of the 17th Judicial District, in and for Los Angeles
County, California, in the City of Costa Mesa, County of Orange, State of
California, described as follows:
BEGINNING at the centerline intersection of South Coast Drive and San
Leandro Lane (formerly Smalley Road) as said intersection is shown on a map
of Tract No. 6639 as per map recorded in Book 287, pages 15 to 17 inclusive
of Miscellaneous Maps, records of Orange County; thence North 88° 27' 08"
East along the prolongation of said South Coast Drive 25.00 feet to the
TRUE POINT OF BEGINNING; thence continuing along said prolongation North
880 27' 08" East 30.82 feet to the beginning of a tangent curve concave
Northwesterly having a radius of 800.00 feet; thence Northeasterly along said
curve through a central angle of 52° 24' 21" an are distance of 731.72 feet
to the beginning of a reverse curve concave Southeasterly having a radius of
800.00 feet; a radial at said point bears North 530 57' 12" West; thence
Northeasterly along said curve through a central angle of 140 14' 31" an
arc distance of 198.86 feet; thence North 000 51' 05" West 220.92 feet to
the North line of the land described in the deed to Genji Kawamura and wife
recorded November 10, 1960 in Book 5504, page 323 of Official Records; thence
South 89° 35' 13" West along said North line 25.00 feet; thence South 00° 51' 05"
East 209.26 feet to a point on a curve concave Southeasterly having a radius
of 825.00 feet, said curve being concentric with and 25.00 feet northwesterly
of the hereinbefore last mentioned curve having a radius of 800.00 feet; a
radial at said point bears North 40° 32' 49" West; thence, southwesterly along
said curve through a central angle of 13° 24' 23" an arc distance of 193.04
feet to the beginning of a reverse curve concave northwesterly having a
radius of 775.00 feet, a radial of said point bears North 530 57' 12" West;
thence southwesterly and westerly along said curve through a central angle of
520 24' 21" an arc distance of 708.86 feet; thence South 880 27' 08" West
30.52 feet to the east line of said San Leandro Lane; thence, South 00° 51' 05"
East along said east line 25.00 feet to the POINT OF BEGINNING
containing 0.667 acres.
SECTION 6. That the City Clerk shall verify the adoption of this
resolution.
PASSED AND ADOPTED this 15th day of June, 1972.
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17 of the City of Costa Mesa
ATTEST:
Deputy /d i■-, .�z - /�/i r._
City Clerk of the City of Costa Mesa
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. 72-62 was duly and
regularly passed and adopted by the City Council of the City of Costa Mesa
at an adjourned regular meeting thereof held on the 15th day of June, 1972.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal
of the City of Costa Mesa, this 16th day of June, 1972.
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City Clerk and ex --officio Clerk the
City Council of the City of Costa Mesa .�
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by j �l-
Deputy City Clerk