HomeMy WebLinkAbout693 - Acquisition & Improvement District 1i'
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ROLAND THOMP50N
ATTORNEY AT LAW
SANYA ANA. CALIF.
µI
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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
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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 ($126,782.00) , in order that
e possession and use of the public ways sought to be
red under the proceedings in the above entitled matter may be
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ROLAND THOMP50!
ATTORNEY AT LAW
SANTA ANA. CALIF.
",
had, and for the purpose of furnishing an Opportunity to all
persons ownipg lands within said: assessment district, or otherwise
interested, to be heard, and An said resolution directed that the
Clerk of this City Council give notice of said hearin; in the
manner required by Section 28 of the "Acquisition and Improvement
Act of 19258; and
NURUS.,. it appears from affidavits on file in the
office, of the Clerk of this City Council that notice of said
hearing in the manner, and form required by law has been regularly
posted and published in accordance with the requirements of Seoti
28 of said Act, and this is.. the. time and place heretofore, fixed
for said hearing, and the matter has been fully heard and a, full,
fair and impartial hearing.has been accorded to all objectionb
presented, and ev9.dence has been received upon the .question of
the necessity for the issuance of said ponds and the,
sufficiency
of the proceedings heretofore had and taken in the above. entitled
matter;
Row, THEREVORK, BE IT RE800ttl by the City Council
of "the City of Newport Beaoh that it" is hereby found," determined
and ordered as follov* to -wit:
1, That the public interest and convenience require
II that! the City of Newport Beach, plaintiff in the suit in eminent
domain entitled "Oity*of Newport teach, a Municipal Corporation
of the Sixth Class, Plairl$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,
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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:
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City " jerk of the City of
N(�wport Beach.
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ROLANO THOMPSON
ATTORNEY AT LAW
SANTA ANA. CALIF.
City of
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t Beach
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