HomeMy WebLinkAbout5522 - Real Property Acquisitionf _. lk
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12/11/61
BEACH:
F
RESOLUTION NO. !LLa Z
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH FINDING AND DETERMINING THAT THE
•PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUI-
SITION OF CERTAIN'REAL PROPERTY CONSISTING OF AN
EASEMENT AND RIGHT -OF -WAY FOR A PUBLIC IMPROVE - '
MENT, TO WIT, FLOOD CONTROL WORKS, AND AUTHORIZ-
ING AND DIRECTING EMINENT DOMAIN PROCEEDINGS
THEREFOR
,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEWPORT
SECTION 1. The City Council hereby finds and determines
that the public interest and necessity require the'construction and
completion of a public improvement consisting of flood control works
in Tract No. 3138 as shown on a,map recorded in Book'103, pages 31,
32 and 33 of Miscellaneous Maps, Records of Orange County, California.
SECTION 2. The City Council hereby further finds and
determines that the public interest and necessity require, for the
construction and completion of said improvement, the acquisition
by the City of Newport Beach of a right-of-way and easement for
drainage and flood control purposes in, over, and under certain real
property described as follows, to wit*.,
That portion of Lot 40 of Tract 3138, in the City of
Newport Beach, County of Orange, State of California,
per map recorded in Book 103, pages 31, 32 and.33 of
Miscellaneous Maps, in the office of the County Recorder
of said county, described as follows:
Beginning at the most northerly corner of said Lot 40;
thence S. 19° 23' 32" E.,, 68.03 feet along the easterly
line of said Lot 40; thence S. 70° 36' 28" W., 15.00
feet; thence N. 19° 23' 32" W., 42.14 feet parallel
to the easterly line of said Lot 40, to the westerly
line of said Lot 40; thence N. 10° 41' 33" E. 29.90
feet along said westerly line to the point of beginning.
SECTION 3. The public improvement to be located on the
property described in Section 2 is located in a manner which is
compatible with the greatest public good and the least private
injury.
SECTION 4. The City Attorney of the City of Newport Beach
is hereby authorized, empowered and directed:
(a) To commence an action in eminent domain in the
Superior Court of the State of California in and for the County of
Orange in the name of the City of Newport Beach to acquire the right -
of -way and easement herein declared to be necessary and to secure
the right to immediate possession and use of said right -of -way and
• easement by depositing in court such sum of money as may be required,
pursuant to the provisions of Section 14 of Article I of the Consti-
tution and the Code of Civil Procedure of the State of California
to entitle the City to take immediate possession thereof.
(b) To incur in the name of and on behalf of the City of
Newport Beach all obligations and expenses necessary to acquire said
property and the immediate possession thereof.
(t) To do such further acts and to take such additional
steps as may be necessary or convenient in connection with said ac-
quisition.
This resolution was adopted by at least a two - thirds vote
of all the members of the City Council of the City of Newport Beach
at a meeting of said Council on the 11th day of December, 1961, by
the following vote, to wit:
AYES9 COUNCILMEN-
NOES, COUNCILMEN:
ABSENT COUNCILMEN: iio ,
ATTEST:
- A City Clerk
I Mayor \� \1
2.
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF NEWPORT BEACH)
I, MARGERY SCHROUDER, 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. 5522 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 11th
vote, to wit:
day of December , 19 61 , by the following
AYES, COUNCILMEN:
NOES, COUNCILMEN:
ABSENT, COUNCILMEN
Kingsley. Atkinson. Cook, Stoddard.
Hart Lorenz, Somers
None
None
Dated this 12th day of December
ity c� and E��f�c�Cler o the
= City Council, City of Newport Beach,
' - State of California.
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