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HomeMy WebLinkAbout975 - Acquisition of Real Property1 RESOLUTION N0. VC 2 3 4 WHEREA6, it affirmatively appearing to the City Council 5I of the City of Newport Beach that the public interest and necessity; 6 require the acquisition of the real property hereinafter described, 7 for the construction of a municipal improvement, to —wit: Additions 8 to the municipal sewer system of the city of Newport Beach, and i 9 the construction on said lands of a sewer disposal plant, sewage 10 works, pumping plants and buildings and equipment necessary or 11 convenient for said project, together with pipe lines, carrying 12 lines and discharge lines necessary or incidental to the con— 1 J 13 struction and maintenance of the sewage works on the lands here- j 14 inafter described; and 15 WHEREAS, it likewise affirmatively appearing to the 16 Oity Council of the City of Newport Beach that the property 17 hereinafter described is necessary for the use of said City in 18 the construction and maintenance of a municipal improvement, 19 to —wit: Additions to the municipal sewer system of the City of 20 Newport Beach, and the construction on said lands of a sewer 21 disposal plant, sewage works, pumping plants and buildings and 22 equipment necessary or convenient for said project, together 23 with pipe lines, carrying lines and discharge lines necessary 24 or incidental to the construction and maintenance of the sewage 25 a works on the lands hereinafter described. 26 1 NOW, THEREFORE, BE IT RESOLVED by the City Council 1 27 of the City of Newport Beach that the public interest and 28 necessity require and it is hereby ordered that the following _1 29 acquisitions for the purpose of the construction of a municipal 30 improvement, to —wit: Additions to the municipal sewer system 31 of the City of Newport Beach, and the construction on said lands 32 11 1 TMOMPSONI l W AT LAW 11 IA, CAMP. L 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 j II ROL LAW ON ATTORNEY AT �I SANTA ANA. CALIF. l of a sewer disposal plant, sewage works, pumping plants and buildings and equipment necessary or convenient for said project, together with pipe lines, carrying lines and discharge lines necessary or incidental to the construction and maintenance of the sewage works on the lands hereinafter described, be made, to -wit, the acquisition of that certain real property situated in the County of Orange, State of California, and described as follows: L� A parcel of land in a portion of the Rancho Santiago de Santa Ana, situated in Orange County, California, for the construction of a sewage disposal plant and appurtenances, described as follows, to -wit: All that portion of Lot "B" of the Banning Tract, as shown on a map filed in Decree of Partition, Case No. 6385 of the Superior Court of the State of California, in and for the County of Los Angeles, described as follows, to -wit: Beginning at a point in the easterly line of the ! 300 foot right of way for the Santa Ana River Channel as des- cribed in easement to the Newbert Protection District, recorded in Book 197, page 300 of Deeds, Records of Orange County, California, which point bears North 710 201 East 510.47 feet from the southwest corner of said Lot "B", which last mentioned corner is also Station 149 of the Rancho Santiago de Santa Aug; rtmning thence North 130 251 East along the easterly line of said 300 foot right of way 660.00 feet; thence South 760 351 East 660.00 feet; thence South 130 251 West 660.00 feet; I thence North 760 351 West 660.00 feet to the point of beginning, containing ten (10) acres of land, more or less. Easement for sanitary sewer pipe line and water pipe line purposes over, along, and across that certain strip of land twenty (20) feet in width, in a portion of the Rancho Santiago de Santa Ana, situated in Orange County, California, being ten (10) feet on either side of the following described centerline: Beginning at a point which bears North 710 201 East 510.47 feet and South 760 351 East 40.00 feet from the Southwest corner of Lot "B" of the Banning Tract, as shown on a map filed in Decree of Partition, Case No. 6385 of the Superior Court of the State of California, in and for the County of Los Angeles, said corner also being Station 149 of the Rancho Santiago de Santa Ana; running thence South 130 251 West along a line parallel with and 40.00 feet distant from the Easterly line of the 300 foot right of way of the Newbert Protection District, as described in Deed recorded in Book 197, page 300 of Deeds, Records of Orange County, Califor- nia, 859.00 feet to an intersection with the southerly line a. 1 2 • 3 4 • 5 6 7 8 0 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 \ SANTA ANA, CALIF. of the land described in Decree of Partition, Case No. 22797 of the Superior Court of the State of California, in and for the County of Orange, recorded February 21st, 1930, in Judgment Book 25, page 297, Records of said County. TOGETHER WITH the right to maintain, operate, repair and replace a pipe line or pipe lines for sanitary sewer purposes and for the flow of water; TOGETHER WITH the right to enter upon said property with the necessary machinery and appliances to maintain, repair or reconstruct said pipe lines. PAROEL 3. Easement for sanitary sewer pipe line and private road purposes over, along and across a strip of land thirty (30) feet in width, in a portion of the Rancho Santiago de Santa Ana, situated in Orange County, California, being fifteen (15) feet on either side of the fhllowing described centerline: Beginning at a point in a line ten (10) feet Northerly of and parallel with the Northerly line of that certain 80 foot right of way of the California State Highway, as des- cribed in Deed, recorded January 18th, 1924, in Deed Book .508, page 65, Records of Orange County, California, which b point is South 830 191 15" East 193.00 feet along the north- 0. erly line of said right of way and North 00 151 15" West 10.60 feet from the end of a curve in said right of way which is at Station 682 + 99.62 of said highway right of way; running thence North 120 451 50" West thence North 50 271 East 217.00 feet to a point which bears South i 100 201 30" East 82.65 feet from Corner No. 121 of Rancho i Santiago de Santa Ana, as shown on a map recorded in Records of Surveys, Book 2, page 40, Records of said County- thence North 140 431 30" West 264.00 feet; thence North 270 22t West 595.00 feet to a point which is North 290 461 30" West 115.17 feet from Corner No. 120 of said Rancho Santiago de Santa Ana; thence North 330 021 30" West 520.83 feet; thence North 760 351 West 1588.62 feet to a point which is South 760 351 East 660.00 feet from the'easterly line of that certain 300 foot right of way of the Newbert Protection Die - tract, as described in Deed, recorded in Book 197, page 300 of Deeds, Records of said County, and bears North 740 351 45" East 1246.97 feet from the southwest corner of Lot "B" of the Banning Tract as shown on a Map filed in Decree of Partition, Case No. 6385 of the Superior Court of the State Of California, in and for the County of Los Angeles; TOGETHER WITH the right to maintain, operate, repair and replace a pipe line or pipe lines for sanitary sewer purposes; AND ALSO the right to construct a private road over and across said strip of land for the use of the servants, employees, and officers of the grantee and not otherwise, and to use the same for the passage and re- passage of vehicles for the transportation of the servants, employees, and officers of the grantee and for the purpose of maintaining, repairing or reconstructing said pipe lines. 3. 1 BE IT FURTHER RESOLVED; That the City Attorney of the 2 City of Newport Beach be, and he is hereby ordered and directed 3 to bring an action in the name of the City of Newport Beach, 4 in the Superior Court of the State of California, in and for the 5 County of Orange, for the condemnation of the property necessary 6 to be taken for the acquisitions herein ordered and heretofore 7 described, and to do all things necessary to prosecute said 8 action to final determination. 9 BE IT FURTHER RESOLVED; That the public interest and 10 convenience require and it is hereby ordered that the City of 11 Newport Beach, a Municipal corporation of the sixth class of 12 Orange County, California, plaintiff in said condemnation 13 action, take immediate possession and use of the property 14 herein ordered to be acquired, upon complying with the require - 15 ments of law applicable thereto, and that the said City Attorney 16 report to this City Council the amounts of money required 17 therefor, Be soon as the same can be ascertalnedIl. 18 BE IT FURTHER RESOLVED: That said action for condemna- 19 tion of said property so to be acquired, shall be taken in 201 accordance with Section 14 of Article I of the Constitution of 21 the State of California. 22 23 I hereby certify that the above and foregoing Resolution 24 was duly passed, adopted and approved by the City Council of the 25 City of Newport Beach at a regular meeting thereof held on the I 2611 3rd day of August, 1936, by the following vote, to -wit; 27 28 29 30' 31 32 ROLAND THOMPSON7 ATTORNEY AT LAW 77 \ SANTA ANA. CLIP. NOES, COUNCILMEN; MU Wne- ABSENT, COUNCILMEN; e_ r , ,: `e The above and foregoing resolution No. is approved by me this 3rd day of Au", 1936. �Gf/' Mayor - City oY Newport 1 y ler 4. Beach 9