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HomeMy WebLinkAbout96-21 - Street Widening of Harbor Blvd between Dale Way and Date PlaceRESOLUTION NO. 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 3005 Harbor Boulevard (Assessor Parcel No. 139-201-10), 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 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 3005 Harbor Boulevard (Assessor Parcel No. 139-201-10) 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 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 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 lerk of the City of Costa Mesa i STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) Ma of the City of Costa Mesa DROVED AS TO FORM 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 -a 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. Deputy City Oerk and ex -officio Clerk of the City Coun it 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.: 139-201-10 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: THAT PORTION OF PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK 126, PAGES 15 AND 16 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 2; THENCE, ALONG THE EAST LINE OF SAID PARCEL 2, SOUTH 0.39145" EAST 122.18 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 2; THENCE, ALONG THE SOUTH LINE OF SAID PARCEL 2, SOUTH 89025156" WEST 5.82 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 60.90 FEET, A RADIAL OF SAID CURVE THROUGH SAID POINT BEARS SOUTH 73008'59" EAST; THENCE, THROUGH A CENTRAL ANGLE OF 17°30'46" ALONG SAID CURVE, NORTHERLY, 18.61 FEET TO A POINT OF TANGENCY WITH THE WEST LINE OF THE EAST 3.00 FEET OF SAID PARCEL 2; THENCE, ALONG SAID WEST LINE, NORTH 0.39145" WEST 103.85 FEET TO THE NORTH LINE OF SAID PARCEL 2; THENCE, ALONG SAID NORTH LINE, NORTH 89`25156" EAST 3.00 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 383 SQUARE FEET, MORE OR LESS. EXHIBIT A rr 60' 60� CITY OF COSTA MESA "At n issr I oa vm sY: $A r.r.s� .r DEED NO. TREET EXHIBIT 8 PLAT"'u' �".�- r�7- so• I oowato mm .W. '00 B. /210. 60' B9't5'S6'E. PARCEL 2 o ti � N 1A ZZ C'LL /261/se m 'Sri Q -V C4 2 v► o Q N.99�ZS 56rE. 5 a2' Q fQ _^ 6g I Q 60' 60� CITY OF COSTA MESA "At n issr I oa vm sY: $A r.r.s� .r DEED NO. TREET EXHIBIT 8 PLAT"'u' �".�- r�7- so• I oowato mm .W.