HomeMy WebLinkAbout97-43 - Acquisition of Certain Real Property in Fee, for Street Widening of Bristol Street, a Public PurposeRESOLUTION NO. CI7- 1-1 3
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 OF
BRISTOL STREET, A PUBLIC PURPOSE.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. On May 19, 1997, and after at least fifteen (15) days' written
notice to the owners of property at 1192 Bristol Street (Assessor Parcel Nos.
439-321-05 and 439-321-06), as more particularly described and depicted in Exhibit
A 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 Bristol Street;
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 on May 19, 1997, determined that
the public health, safety, and welfare requires the acquisition by the City, in fee, of
a portion of the property at 1 192 Bristol Street (Assessor Parcel Nos. 439-321-05)
and 439-321-06) for street widening purposes, a public use. This property is more
particularly described and depicted in Exhibit A attached hereto and incorporated
herein by reference. The acquisition is authorized by Section 19 of Article I 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 Bristol
Street;
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;
C. The property and the taking of fee simple title to the property, as
described and depicted in Exhibit A attached hereto, is 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 the property 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 Exhibit A.
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. 1044 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 the property. 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 19th day of May, 1997.
ATTEST:
T.
Deputy City Irk of the City of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
Mayor of th City •
I APPROVED AS TO FORM
MTY 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. G'1- 4 3 was duly and regularly passed and adopted by the said City
Council at a regular meeting thereof held on the 19th day of May, 1997.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this 20th day of May, 1997.
T
Deputy City erk and ex -officio Clerk of
the City Council of the City of Costa Mesa
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