HomeMy WebLinkAbout96-22 - Street Widening of Harbor Blvd between Dale Way and Date PlaceRESOLUTION NO. 9� - 2 Z
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
BETWEEN DALE WAY AND DATE PLACE.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. On March 4, 1996, and after at least fifteen (15) days' written notice to
the owners of property at 2975 and 2983 Harbor Boulevard (Assessor Parcel Nos. 139-203-23
and 139-203-22), as more particularly described and depicted in Exhibits A, A-1, B, and B-1
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
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.
The City Council, as a result of the above hearing, determined that the public health,
safety, and welfare requires the acquisition by the City, in fee, of a portion of the property at
2975 and 2983 Harbor Boulevard (Assessor Parcel Nos. 139-203-23 and 139-203-22) for street
widening purposes, a public use. This property is more particularly described and depicted in
Exhibits A, A-1, B, and B-1 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
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 taldng of fee simple title to the property, as described and
depicted in Exhibits A, A-1, B, and B-1 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, A-1, B, and B-1
attached hereto.
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.
ATTEST:
1
Deputy City Oierk of the City of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
A6V-
Ma of the City of Costa Mesa
PPROVED AS TO FORM
3-6-9
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. 94 - aa.
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.
Deputy Ci Jerk and ex -officio Clerk of
the City Council of the City of Costa Mesa
LEGAL DESCRIPTION FOR STREET RIGHT-OF-WAY
PROJECT: Harbor Boulevard Widening
AGENCY: City of Costa Mesa
ASSESSOR PARCEL NO.: 139-203-23
DATE PREPARED: March 22, 1995
PREPARED BY: Yeiichiro Kobayashi
THAT CERTAIN REAL PROPERTY SITUATED IN THE STATE OF CALIFORNIA,
COUNTY -OF ORANGE, CITY OF COSTA MESA, DESCRIBED AS FOLLOWS:
A STRIP OF LAND 5.00 FEET IN WIDTH, BEING THE EAST 5.00 FEET OF
LOT 2 OF TRACT NO. 2822, AS SHOWN ON A MAP RECORDED IN BOOK 116,
PAGES 3 TO 18 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF SAID
ORANGE COUNTY.
EXCEPTING THEREFROM: THAT PORTION LYING SOUTHERLY OF THE NORTH
LINE OF THE SOUTH 536.00 FEET OF SAID LOT 2.
ALSO EXCEPTING THEREFROM: THAT PORTION LYING NORTHERLY OF THE
SOUTH LINE OF THE LAND DESCRIBED IN THAT CERTAIN GROUND LEASE
RECORDED MAY 16, 1980 IN BOOK 13610, PAGE 963 OF OFFICIAL
RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE
COUNTY.
CONTAINING AN AREA OF 851 SQUARE FEET, MORE OR LESS.
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LEGAL DESCRIPTION FOR STREET RIGHT-OF-WAY
PROJECT: Harbor Boulevard Widening
AGENCY: City of Costa Mesa
ASSESSOR PARCEL NO.: 139-203-22
DATE PREPARED: March 22, 1995
PREPARED BY: Yeiichiro Kobayashi
THAT CERTAIN REAL PROPERTY SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF ORANGE, CITY OF COSTA MESA, DESCRIBED AS FOLLOWS:
THE EAST 5.00 FEET OF LOT 2 OF TRACT NO. 2822, AS SHOWN ON A MAP
RECORDED IN BOOK 116, PAGES 3 TO 18 INCLUSIVE OF MISCELLANEOUS
MAPS, RECORDS OF SAID ORANGE COUNTY, LYING WITHIN THE LAND
DESCRIBED IN THAT CERTAIN GROUND LEASE RECORDED MAY 16, 1980 IN
BOOK 13610, PAGE 963 OF OFFICIAL RECORDS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY.
EXCEPTING THEREFROM: THAT PORTION DESCRIBED IN AN EASEMENT DEED
TO THE CITY OF COSTA MESA RECORDED FEBRUARY 8, 1980 IN BOOK
13498, PAGE 1763 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID ORANGE COUNTY.
CONTAINING AN AREA OF 478 SQUARE FEET, MORE OR LESS.
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