HomeMy WebLinkAbout4010 - City Garbage Disposal Area1
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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
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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,
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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
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.er
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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.