HomeMy WebLinkAbout96-36 - Street Widening of Harbor Blvd and Adams AvenueRESOLUTION NO. 96 -.3 (o
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
ADAMS AVENUE.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. On April 15, 1996, and after at least fifteen (15) days' written notice to
the owners of property at 1538 Adams Avenue (Assessor Parcel No. 139-304-07), 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 the
Harbor Boulevard and Adams Avenue intersection; 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 hearing, determined that the public health, safety,
and welfare requires the acquisition by the City, in fee, of a portion of the property at 1538
Adams Avenue (Assessor Parcel No. 139-304-07) 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 19 of Article 1
of the California Constitution, 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 the Harbor
Boulevard and Adams Avenue intersection; 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 15th day of April, 1996.
ATTEST:
i
Deputy Cit lerk of the City of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
Ma of the City of Costa Mesa
APPROVED AS TO FORM
rI TY ATTDR"4EY
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 - 34
was duly and regularly passed and adopted by the said City Council at a regular meeting thereof
held on the 15th day of April, 1996.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City
of Costa Mesa this 16th day of April, 1996.
Deputy Cit Clerk and ex -officio Clerk of
the City Council of the City of Costa Mesa
EXHIBIT
LEGAL DESCRIPTION OF RIGHT OF WAY ACQUISITION
In the City of Costa Mesa, County of Orange, State of Californfa, being that
portion of Lot 10 in Block I of the map of Fairview, as shown on a map filed in Book 25,
Pages 77 and 78 of Miscellaneous Records of Los Angeles County, California, lying
southerly of the following described line:
Beginning at the intersection of the westerly line of said Lot 10, with a line parallel
with and distant northerly 9.00 feet, measured at right angles from the southerly line of
said Lot 10; thence South 89°33'20" East 19.91 feet along said parallel line; thence leaving
said parallel line North 89°00'45" East 3 0. 10 feet to a point on the easterly line of said Lot
10, said point being North 0002752" East 9.75 feet along said easterly line from the
southeasterly corner of said Lot 10.
All as shown on plat attached hereto and by this reference made a part hereof.
Tom R. McGannon, RC.E. 23956
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June 2, 1995
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