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HomeMy WebLinkAbout96-19 - Street Widening of Harbor Blvd and South Coast DriveRESOLUTION NO. 96 - IF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY IN FEE, FOR STREET WIDENING, A PUBLIC PURPOSE, OF HARBOR BOULEVARD AND SOUTH COAST DRIVE BETWEEN THE I-405 AND 500 FEET NORTH OF SOUTH COAST DRIVE. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. On February 20, 1996, and after at least fifteen (15) days' written notice to the owners of property at 1503 South Coast Drive (Assessor Parcel No. 139-031-63), as more particularly described and depicted in Exhibits A and B attached hereto, the City Council held a hearing for the purpose of allowing the owners a reasonable opportunity to appear and be heard on the following matters: A. Whether the public interest and necessity require the proposed widening of Harbor Boulevard and South Coast Drive; and B. Whether the proposed street widening project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and C. Whether the property sought to be acquired is necessary for the street widening project. On February 20, 1996, the City Council continued the hearing to March 4, 1996; and The City Council, as a result of the hearing on March 4, 1996, determined that the public health, safety, and welfare requires the acquisition by the City, in fee, of a portion of the property at 1503 South Coast Drive (Assessor Parcel No. 139-061-63) for street widening purposes, a public use. This property is more particularly described and depicted in Exhibits A and B attached hereto and incorporated herein by reference. The acquisition is authorized by Section 37350.5 of the California Government Code, and by California Code of Civil Procedure Sections 1240.010 through 1240.050. SECTION 2. The City Council does hereby find, determine, and declare that: A. The public interest and necessity require the proposed widening of Harbor Boulevard and South Coast Drive; and B. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and C. The property and the taking of fee simple title to the property, as described and depicted in Exhibits A and B attached hereto, are necessary for the proposed project; and D. An offer, as required by California Government Code Section 7267.2 has been made to the owner of record. SECTION 3. The City Council does hereby declare that it is the intention of the City to acquire these properties in its name in accordance with the provisions of the laws of the State of California with reference to condemnation procedures. SECTION 4. The properties are located in the City of Costa Mesa, County of Orange, State of California, as more particularly described and depicted in Exhibits A and B. SECTION 5. There has been compliance with the California Environmental Quality Act of 1970, Public Resources Code Section 21000 et sea. insofar .as the above application is concerned, and the City Council has certified Environmental Impact Report No. 1037 by adoption of a resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Costa Mesa, California, authorizes the City Attorney to institute and prosecute, in the name of the City of Costa Mesa, such proceedings, in the court having proper jurisdiction, as may be necessary for the acquisition of the fee interest in these properties. The City Attorney is also authorized, should he believe it necessary, to obtain a court order granting to the City the right of possession and occupancy of the properties. The City Attorney is further authorized to incur on behalf of the City of Costa Mesa, all necessary expenses for the preparation and trial of the action, including, but not limited to: A. Incurring fees for attorneys, law clerks, paralegals, and attorney support services on behalf of the City of Costa Mesa as, in the judgment of the City Attorney, are necessary for the preparation and trial of the action; and B. Authorizing the retention of additional appraisers to evaluate claims or defenses raised by the defendants; and C. Authorizing additional work by appraisers to make their appraisal reports current, or to evaluate new or additional lines of inquiry not covered in their original report; and D. Preparation of maps, charts, diagrams, and photographs; and E. Authorizing payments to appraisers or other experts for time spent on pre-trial conferences and field trips to inspect property, its neighborhood, and comparable sales; PASSED AND ADOPTED this 4th day of March, 1996. W—MIA-646 Deputy Ci Clerk of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) 'L Ma of the City of Costa Mesa PROVED AS TO FORM k0 3'6'fG CITY ATTORNEY I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. 6 i was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 4th day of March, 1996. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 5th day of March, 1996. 1. Deputy City rk and ex -officio Clerk of the City Cou it of the City of Costa Mesa V61111:1161M• I S P That potion of Parc W I. of Parcel Map recorded in bock 115, $Age 48 in the City of Costa Mesa. County of Orange, State of California, in the office of the County Recorder of said county, desefibed as follows: BEGINNING at the northeast comer of said PwvW 1; thence alcM the northerly one cf said Parcel 1 South 88"51'4:r west 9.17 feet; thence South WIT = East 19.90 feet; thence North 88.51' 43" East 5.17'feet; thence S" 01.13' 2Q" East 130.44 feet to a point on the southeasterly line Of said Parcel 1, said point being on a curve concave northwesteffy and having a radius of 280.00 feet, a radial line from said point boars North 81.31' 33" West; thence along said curve northerly 47.39 feet through a central angle of 09.41' 47"; thence tangent from said cove North 01.13' 20" West 103.17 feet along the easterly line of said Parcel 1 'to the POINT OF BEGINNING. CONTAINING: 0.015 Acres, more or less. EXHIBIT "A" ACQUISITION MAP EXHIBIT "B" - t SOUTH #F51'4YE COAST DRIVE (REC. PER P.M. _ --� --------- ll.,.. S88'51.43w POE 9.17' N --- Ng 1 ' 433 _68_00 (REC. PER 11'_ P.M. 5/48) S1'13'20"E 19.90' 9..17 N�8'S1'43E 5.17' v b 4' o 2 C e-- D m '- O t a (n �.� a Gj t O5'41147' R 280.00' L N81'31.33W (RAO) SHEET 1 -OF 1 CONTAINING 0.015 ACRESf IWA JN 133:10 REV. 03/07/95 ACQUISITION MAP EXHIBIT "B"