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HomeMy WebLinkAbout4010 - City Garbage Disposal Area1 • 2 3 • 4 5 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 RESOLUTION NO. 4010 WHEREAS, the City of Newport Beach has for a long prior hereto, been desiruous and under the necessity of acquiring pro- perty for an additional City Garbage Disposal area; and WHEREAS, it appears that the said real property, as described on Exhibit A, attached hereto and made a part hereof as though set out in full herein, is suitable and proper and necessary to the City of Newport Beach for use as a City garbage disposal area; and WHEREAS, it appears to be for the best interests of the citizens of the City of Newport Beach that said real property, described on Exhibit A, be acquired and used as a City of Newport beach garbage disposal area; and WHEMEAS, the fee title to said property is owned by Ednah Race Capron and George Capron; a right of way or easement over a portion of said property for a pipe line is owned by Laguna Beach County Water District; that Pacific Coast Airways Inc., a California corporation, claims a leasehold interest in said property; that David M. Anderson claims an undivided one - third of an undivided four and one -third percent of all oil, gas and other hydrocarbon substances in a portion of said real property; that Emil L. Menveg also claims an undivided one -third of said undivided four and one -third percent interest in said oil, gas and other hydrocarbon substances; and that James S. Gi_llstrap also claims an unidivided one -third of said undivided four and one -third percent of said oil, gas and other hydrocarbon substances; and WHEREAS, said Ednah Race Capron and George Capron and the other parties having or claiming an interest in said property have refused to sell said property or their interest therein to the City of Newport Beach at any fair or reasonable price; NOW, THEREFORE, BE IT RESOLVED that the City Council 1 2 3 • 4 5 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 of the City of Newport Beach does hereby find and determine that the public interest and necessity require the acquisition by the City of Newport Beach of the real property described on Ex- hibit A, attached hereto, as a city garbage disposal area, and said City Council does further find and determine that said real property is necessary for the creation and maintenance of said City garbage disposal area, and that such proposed City garbage disposal area to be located on said real property is located in the place and manner which will be most compatible with the greatest public good and the least private injury; and BE IT FURTHER RESOLVED that a proceeding in eminent domain shall be brought by the City of Newport Beach to acquire said real property by condemnation for use as a City garbage disposal area, and the City Attorney of the City of Newport Beach is hereby authorized and directed to institute a proceeding in eminent domain to obtain title to the said real property, sub- ject only to a reservation of one -half of the oil, gas and other hydrocarbon substances lying in, on, or under said real property, subject to the right of way or easement for a pipe line as shown on the map recorded in Book 8, page 71 of Miscellaneous Maps, re- cords of Orange County, California, as conveyed to the Laguna Beach County Water District by Deed recorded on June 12, 1931 in Book 386, page 239, of Official Records of Orange County, Calif- ornia, and subject to an easement for road purposes over as much of said property as is included in 19th Street, for such use as a city garbage disposal area; said City Attorney is further authorized and directed to make application to the Court, in which said eminent domain proceeding is pending, for an Order fixing the amount of such security in the way of money deposits as said Court may direct, and for an Order permitting the City of Newport Beach to take immediate possession and use of said real property, or interests in or claims to said real property, 0 0 • • 1 as a City garbage disposal area, said Order also permitting the 2 Plaintiff to proceed immediately to develop said real property 3 as a garbage disposal area; said City Attorney is further auth- 4 orized and directed to make deposit of such security out of pro - 5 per funds of the City of Newport Beach in such amount as is so 6 fixed and determined, and in such manner as the Court in which 7 said proceedings in eminent domain are pending, may direct. 8 The above and foregoing Resolution was duly passed and 9 adopted at a meeting of the City Council of the City of Newport 10 Beach held on the 27th day of October, 1952, by the following 11 vote, to wit: 12 AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Mil 13 NOES, COUNCILMEN: None ABSENT COUNCILMEN: None 14 15 /s/ Norman Miller Mayor 16 ATTEST: 17 /s/ C. K. Priest 18 City Clerk 19 20 21 22 23 24 25 26 27 28 29 30 31 32 .er 1 2 3 • 4 5 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 That certain real property lying in the County of Orange, State of California, more particularly described as follows, to wit: That portion of Lot "A" of the Banning Tract, as shown on a Map of said Tract filed in the Case of Hancock Banning and others vs. Mary H. Banning for partition and being Case No. 6385 upon the Register of Actions of the Superior Court of the State of California, in and for the County of Los Angeles, described as follows: Beginning at the interesection of the center lines of Whittier Avenue and Nineteenth Street as shown on the Map of New- port Mesa Tract recorded in Book 5, page 1 of Miscellaneous Maps, the center line of said Nineteenth Street being the North line of said Newport Mesa Tract; thence Northerly along the Northerly extension of the center line of said Whittier Avenue, a distance of 30.00 feet; thence Westerly, parallel with the Westerly exten- sion of the North line of said Newport Mesa Tract, a distance of 330.00 feet; thence North 1620.00 feet; thence Westerly 1063.00 more or less feet parallel with the Westerly extension of-the North line of said Newport Mesa Tract to the West line of land described in deed to Ednah Race Capron, recorded October 23rd, 1944 in Book 1281, page 199 of Official Records; thence South 1650.00 feet along the Westerly line of said land of Ednah Race Capron to the-Southwest corner thereof; thence Easterly 1393.00 more or less feet along the Westerly extension of the North line of said Newport Mesa Tract to the point of beginning. TOGETHER WITH an undivided one -half interest in all oil, gas, or other hydrocarbon sybstances, lying in, on or under the above described property. EXHIBIT A 0 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF NEWPORT BEACH ) I, MARGERY SS , City Clerk of the City of Newport Beach, California, do hereby certify that according to the records of the City of Newport Beach filed and maintained in my office, the foregoing Resolution No. 4010 was duly and regularly adopted, passed, and approved by the City Council of the City of Newport Beach, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the 27th day of October , 1952, by the following vote, to wit: AYES, COUNCILMEN: Smith, Finch, Isbell, Bennett, Miller NOES, COUNCILMEN: ABSENT, COUNCILMEN: Dated this J \'a Q, V� . None None 8th day of October ) 1957 City Clerk an Ex -0 �cio Cl of the City Council, City of Newport Beach, State of California.