HomeMy WebLinkAbout75-98 - Condemnation for Charlie Street Park SiteCharle Street
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Parcel 2
RESOLUTION NO. 75-98
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, FINDING, DETERMINING,
AND DECLARING THAT THE PUBLIC INTEREST AND
NECESSITY REQUIRE THE ACQUISITION OF CERTAIN
PUBLIC PARK SITES, AND AUTHORIZING THE ACQUISI-
TION OF SAID PUBLIC PARK SITES 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 desires to acquire sites for
public parks and to make such other improvements as are generally found
in connection with municipal public park site improvements; and
WHEREAS, said public park site acquisitions are being made from a
portion of the proceeds made available by the sale of general obligation
bonds authorized pursuant to Section 43600 through and including Section
43638, Government Code; and
WHEREAS, it is in the public interest and necessity to acquire the
said easements and rights-of-way for public park 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 and improvement by
the City of Costa Mesa of a public improvement, to wit: public park
sites as shall be hereinafter more particularly described.
BE IT FURTHER RESOLVED that the public interest and necessity
require the acquisition for and in connection with said public improve-
ment of the public park sites 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 interest in real property, by condemnation, in
accordance with the provisions of 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 acqui-
sition.
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, as hereinafter described:
(a) As to all of the following described real property, or inter-
est in real property or existing improvements, the interest to
be acquired as to each parcel shall be in fee for public park
purposes.
Said real property, or interests in real property or existing
improvements to be so acquired by condemnation for public park purposes,
are situated in the City of Costa Mesa, County of Orange, State of
California, and are more particularly described as follows:
That portion of Lot 20 of Fairview farms per map thereof, recorded
in Book 8, Page 71 of Miscellaneous Maps, records of Orange County,
California, described as follows:
BEGINNING at a point in the centerline of Hamilton Street as shown
on said map, distant westerly 200.20 feet from the centerline
intersection of Hamilton Street and Harbor Boulevard (formerly
Fairview Avenue); thence southerly parallel with the centerline of
said Harbor Boulevard, 326.38 feet, more or less, to the south line
of the north five acres of the east ten acres of said Lot 20, said
acreage being computed to the centerline of said streets; thence
westerly along said south line a distance of 208.20 feet; thence
northerly parallel with the centerline of Harbor Boulevard, 326.38
feet, more or less, to the centerline of said Hamilton Street;
thence easterly along said centerline of Hamilton Street, 208.20
feet to the POINT OF BEGINNING.
EXCEPTING THEREFROM the southerly 20.00 feet of the northerly
176.00 feet of the westerly 133.00 feet.
ALSO EXCEPTING the northerly 156.00 feet.
Subject to all covenants, conditions, restrictions, reservations,
rights, rights-of-way, and easements of record, if any.
PASSED AND ADOPTED this 16th day of September, 1975.
ayor of the City of Costa Mesa
ATTEST:
gJa.�.e.� -A' ti. Grp �' k
Deputy 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 and ex -officio Clerk of the City
Council of the City of Costa Mesa hereby certify that the above and
foregoing Resolution No. 75-98 was duly and regularly passed and adopted
by the said City Council at a regular meeting thereof, held on the 16th
day of September, 1975.
IN WITNESS WHEREOF I have hereunto set my hand and affixed the Seal
of the City of Costa Mesa this 17th day of September, 1975.
(": --� I ". z (� I E /I Z� �
C y Jerk and ex -officio Clerk of he
City Council of the City of Costa esa
By: 'IJ J."t c2. ► . _ 0, ,�
Deputy City Clerk of the City of Costa Mesa