HomeMy WebLinkAbout96-54 - Street Widing of Harbor Blvd between Dale Way and Date PlaceRESOLUTION NO. 94 -S
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 June 3, 1996, and after at least fifteen (15) days' written notice to the
owners of property at 3029 Harbor Boulevard (Assessor Parcel No. 139-201-08), 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 hearing, determined that the public health, safety,
and welfare requires the acquisition by the City, in fee, of a portion of the property at 3029
Harbor Boulevard (Assessor Parcel No. (139-201-08 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
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 3rd day of June, 1996.
ATTEST:
Deputy City Jerk of the City of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
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a r f the City of Costa Mesa
PPROVED AS TO FORM
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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. f6 - 5
was duly and regularly passed and adopted by the said City Council at a regular meeting thereof
held on the 3rd day of June, 1996.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City
of Costa Mesa this 4th day of June, 1996.
Deputy City C k and ex -officio Clerk of
the City Council of the City of Costa Mesa
EXHIBIT A
LEGAL _DESCRIPTION FOR STREETT IGHT-OF-S,tpy
PROJECT: Harbor Boulevard Widening
AGENCY: City of Costa Mesa
ASSESSOR PARCEL NO.: 139-201-08
DATE PREPARED: March 22, 1995
PREPARED BY: Yelichiro Kobayashi
THAT CERTAIN REAL PROPERTY SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF ORANGE, CITY OF COSTA MESA, DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 9 OF TRACT NO. 3615, AS SHOWN ON A MAP
RECORDED IN BOOK 127, PAGES 15 AND 16 OF MISCELLANEOUS MAPS,
RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 9; THENCE, ALONG
THE LAST LINE OF SAID LOT 9, NORTH 0.39145" WEST 185.00 FEET TO
TILE SOUTHERLY CORNER OF THE LAND DESCRIBED IN AN EASEMENT DEED TO
THE CITY OF COSTA MESA RECORDED July 14, 1990 IN BOOK 13663, PAGE
1983 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID ORANGE COUNTY; THENCE, ALONG THE SOUTHWESTERLY LINE OF SAID
LAND NORTH 45036'35" WEST 21.21 FEET TO THE NORTH LINE OF SAID
LOT 9; THENCE, ALONG SAIV NORTH LINE, SOUTH 89.26135" WEST 10.00
FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY
AND HAVING A RADIUS OF 12.00 FEET; THENCE, THROUGH A CENTRAL
ANGLE OF 89653'40" ALONG SAID CURVE, SOUTHEASTERLY, 18.83 FEET TO
A POINT OF TANGENCY WITH THE WEST LINE OF THE EAST 13.00 FEET OF
SAID LOT 9; THENCE, ALONG SAID WEST LINE SOUTH 0039145" EAST
45.26 FEET; THENCE, -PERPENDICULAR TO SAID WEST LINE, SOUTH
89.20'15 WEST 1.00 FEET; --THENCE, PARALLEL WITH SAID EAST LINE OF
LOT 9, SOUTH 0039145" EAST 32.96 FEET; THENCE, SOUTH 801514111
EAST 83.23 FEET TO THE WEST LINE OF THE EAST 3.00 FEET OF SAID
LOT 9; THENCE, ALONG SAID WEST LINE, SOUTH 0.39145" EAST 27.01
FEET TO THE SOUTH LINE OF SAID LOT 9; THENCE, ALONG SAID SOUTH
LINE, NORTH 890251561' EAST 3.00 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 1,908 SQUARE FEET, MORE OR LESS.
*
EXHIBIT B
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CITY OF COSTA MESA
DATE: Mda-30,10035 (DRAWN 9Y:./.?:K. - SCALE:
DEED NO.
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ADDRESS: 30Z.9 NARBOR JLYO.
COMPIUD FROM EXISTING RECORDS