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HomeMy WebLinkAbout693 - Acquisition & Improvement District 1i' J f 1 2 E 3 4 5 6 7,I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ROLAND THOMP50N ATTORNEY AT LAW SANYA ANA. CALIF. µI YE � RISOLUTION 10. LIE IN THE MTTER OF AOQUISITION AND IMPR07EMENT ;DISTRICT 109 1 Of THE CITY OF NEWPORT BEACH RESOLMION ORQERING I6SUANCE OF BONDS TO OBTAIN IMMIAM POSSESSIOR. RPAS, in a resolution adopted by the City Oounoil of the City of Newport Beach on the 20th day of October, 19340 the acquisition. of, ]ands required for the purpose of widening and /or extending and /or opening and/or acquiring of that certain alley or street known as Seashore Drive, to -wit: The widening of Seashore Drive between 36th Street and .37th Street , by the acquisition of a strip of land twenty (20) feet wide on the Northerly side of said street . and the aztending of said Seashore Drive from 37th Street to 56th Street in said City, and the opening of Seashore Drive and the acquiring of a twenty (20) foot strip of land therefor estending .from 37th Street to 66th Street in said Oty, and the wideaiag of Seashore Drive Vetw0n. 56th Street and Orange Avenue, by the aoquisition of a strip of Und twenty (30) feet wide on the No therly side of said Street ,.and the widening of Seashore. Drive between Orange Avenue and the Westerly boundary line of said City by the acquisition of a strip of Rand ten (10) feet wide on the Northerly side of said street, as proposed in the Resolution of Intention in the above entitled matter, adopted on the 16th day of September, 1930, was ordered and the City Attorney of the City of Newport Beach was directed to bring -1 -. 1 2 • 3 4 5 i 10 11 12 13' 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ROLAND THOMPSON ATTORNEY AT LAW BANTA ANA. CALIF. r. > an action for the condemnation of the property necessary therefor and to report to this City Council the amounts of money required for the purpose of obtaining immediate possession and use of the property so ordered to be acquired, upon complying with the requirements of law applicable thereto; and WHEREAS, said City Attorney, on the let day of June, 1931, reported to this City Council that an action in eminent domain had been filed in the Superior Court, said action be entitled, " City of Newport Beach, a Municipal Corporation of the Sixth Class, Plaintiff, vs. Pacific Electric Railway Company, formerly Los Angeles Inter -Urban Railway Company, a corporation, at al., Defendants, being Superior case No. 28144, and that proof was presented to said court of the amounts of money adequate to secure to the owners of the property sought to be condemned and of any estate therein, the immediate payment of just compensation as soon as the same can be ascertained according to law, and that the said Court made an order directing the deposit of money to secure such payment of compensation to the defendants in said action, and that the total amount required for deposit in court in order to obtain immediate "possession of said property as set forth in said order of court is the sum of #26,782.00; and WHEREAS, at its meeting held on the lot day of (June, 1931, the. said City Council of said City of Newport Beach fixed a day, hour and place for a hearing upon the issuance of bonds against the lands in the assessment district in Acquisition and Improvement biatridt No. 1. of the City of Newport Beach, for the purpose of obtaining the amounts required by the Court, to -wit, e totaling the sum of Twenty -six thousand, seven hundred c two and nol.00 Dollars ($126,782.00) , in order that e possession and use of the public ways sought to be red under the proceedings in the above entitled matter may be -2- 1 2 • 3 4 5 0 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ROLAND THOMP50! ATTORNEY AT LAW SANTA ANA. CALIF. ", had, and for the purpose of furnishing an Opportunity to all persons ownipg lands within said: assessment district, or otherwise interested, to be heard, and An said resolution directed that the Clerk of this City Council give notice of said hearin; in the manner required by Section 28 of the "Acquisition and Improvement Act of 19258; and NURUS.,. it appears from affidavits on file in the office, of the Clerk of this City Council that notice of said hearing in the manner, and form required by law has been regularly posted and published in accordance with the requirements of Seoti 28 of said Act, and this is.. the. time and place heretofore, fixed for said hearing, and the matter has been fully heard and a, full, fair and impartial hearing.has been accorded to all objectionb presented, and ev9.dence has been received upon the .question of the necessity for the issuance of said ponds and the, sufficiency of the proceedings heretofore had and taken in the above. entitled matter; Row, THEREVORK, BE IT RE800ttl by the City Council of "the City of Newport Beaoh that it" is hereby found," determined and ordered as follov* to -wit: 1, That the public interest and convenience require II that! the City of Newport Beach, plaintiff in the suit in eminent domain entitled "Oity*of Newport teach, a Municipal Corporation of the Sixth Class, Plairl$iff, vs. Pacific Electric Railway Company, formerly Los Angeles Inter -Urban Railway Company, a aorporation, et al., Defendants, being Superior Case No. 28144, possession , take" immedlete„ and use of the property therein sought to be acquired, 2. That notice of the day, hour and place of the hearing upon the question of the issuance of bonds for rt he purpose of obtaining such immediate possession has been regularly posted and published in the manner required by law, -3- C 1 2 • 3 4 5 6 0 7 8 9 io 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ROLANO THOMPSON ATTORNEY AT LAW BANTA ANA. CALIF. 3. That all of the acts, determinations and proceedings heretofore had and taken in the matter of Acquisition and Improvement District X6. 1 of the City of Newport Beach, are regular and in all respeote suffioient, and that all protests and objections to the issuance of said bonds, and to any of the acts determinations or proceedings heretofore had and taken are hereby overruled and denied. 4. That the public necessity and convenience require., and it is hereby ordered; that bonds of the said District', shall be issued in the total sum of Twenty -six thousand seven hundred eighty -two and no /100 Dollars (036,782.00), for the V of obtaining the necessary amounts to deposit in court in order that immediate possession and use of the lands sought to be acquired may be had, and that the City Treasurer of the City of Newport Beach is hereby ordered to issue bonds of the said dis. trict, designated "Series AN, in the said aggregate principW/sum, doted the day this resolution is adopted, all in the manner and form provided in the "Acquisition and Improvement Act of 1925 ", and in further accordance with the provisions for such bonds. oontained in the Resolution of Intention adopted in the matter of said Acquisition and Improvement District by this City Council on the 15th day of September, 1930. S. That the Clerk of this City Council shall forth- with transmit to said City Treasurer, an attested copy of this resolution and order, together with an attested copy of said Resolution of Intention. I hereby certify that the foregoing resolution was adopted by the City Council of the City of Newport Beach, at a regular meeting held on the day of June, 1931, by the following vote of the members thereof: AYES, COUNCILMEN: -4- • "C71 c% 1 2 2tOE8, COi�7ILb1EN: ,r�✓�- ' :— 3 ABSENT , COMILVE1S7 4 6 ^ L T >~ 7" 9 .�r • 10 11 City " jerk of the City of N(�wport Beach. 12 13 14 15 • 16 17 18 19 20 2'1 -. 221 23 24 25 26 . 27 28 29 30 31 32 ROLANO THOMPSON ATTORNEY AT LAW SANTA ANA. CALIF. City of 0 unoil o t Beach 1.