HomeMy WebLinkAbout73-53 - Condemnation for Street Purposes Authorized - PlacentiaRESOLUTION NO. 73--53
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, 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
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.
BE IT FURTHER RESOLVED that the public interest and necessity
require the acquisition for and in connection with said public improve-
ment 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 Newport Beach, 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 herein-
after 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 Newport
Beach 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.
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
of Newport Beach, 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 Newport Beach, County of Orange, State of California, and are
more particularly described as follows:
PARCEL 3: That portion of land in the State of California, County
of Orange, described as follows:
"The east 220 feet of Lot 812 1/2 of "First Addition to Newport
Mesa Tract" in the City of Costa Mesa, County of Orange, State
of California, as per map thereof recorded in Book 8, Page 61, of
Miscellaneous Map, records of said Orange County.
EXCEPTING THEREFROM: the south 200 feet thereof."
The portion to be condemned is described as follows:
"(A) All that land lying within a strip of land measured 40.00 feet
westerly from the centerline of Placentia Avenue.
(B) All that land lying northeasterly of a curved line having a
radius of 27.00 feet concave southwesterly and tangent to the
westerly line of (A) above described and tangent to a line lying
30.00 feet southerly of and parallel to the centerline of 16th
Street."
PASSED AND ADOPTED this 4th day of June, 1973.
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--53 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 Cos Mesa
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