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HomeMy WebLinkAbout89-36 - Acquisition by Eminent Domain and Directing Condemnation, 954 Victoria St.31 RESOUJTION NO. 89-36 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 BY EMINENT DOMAIN OF CERTAIN REAL PROPERTIES FOR PUBLIC U$E AND AUTHORIZING AND DIRECTING CONDEMNATION. WHEREAS, legal notice of intention to adopt a resolution of necessity to acquire the hereinafter described real property by eminent domain was duly given by the City Council of the City of Costa Mesa pursuant to and in compliance with the requirements of Section 1245.235, Code of Civil Procedure; and WHEREAS, the City Council of the City of Costa Mesa held a public hearing on those matters specified in its notice of intention to adopt a resolution of necessity and referred to in Section 1240.030, Code of Civil Procedure; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOAS: 1. The public interest and necessity require the acquisition by the City of Costa Mesa of the real property or interest in real pro- perty located in the City of Costa Mesa, County of Orange, State of California, and particularly described in Exhibit "A" attached hereto and by reference incorporated herein, to wit: in conjunc- tion with the widening, construction, and improvement of Victoria Street and related public uses, as part of its Victoria Street Improvement Project. 2. It is necessary to acquire by eminent domain said real property interests for street and highway purposes. The City of Costa Mesa is authorized to acquire said real property interests by eminent domain pursuant to Section 4090 of the Street and Highway Code, and Section 1240.010, Code of Civil Procedure, and Article I, Section 19 of the California Constitution. 3. The project is planned and located in the manner that will be most compatible with the greatest public good and the least public injury. 4. The acquisition of said real property is necessary for the project. 5. The offer required by Section 7267.2 of the Government Code has been made to the owner or owners of record. 6. It is necessary to acquire by eminent domain proceedings the fee simple estate in and title to said real property for the aforesaid public purpose. 7. The City Attorney, Thomas C. Wood, or his designee, as special counsel, are hereby authorized and directed to prepare and prose- cute an eminent domain action in the name of the City of Costa Mesa against all owners and claimants of said real property for the aforesaid public purposes in the proper court having jurisdic- tion thereof and to do, perform, and carry out all proceedings and steps incident to the acquisition of said real property which said counsel deems reasonably necessary including orders for prejudg- ment possession. 8. The Director of Finance is hereby directed to draw a warrant from the appropriate funds to pay immediately the Clerk of the Orange County Superior Court such sums of money directed by said counsel to canply with legal requirements for preserving valuation dates, orders, and prejudgment possession and judgments in condemnation. PASSED AND ADOPTED this 7th day of March, 1989. Mayor of the Cit)W Costa Mesa ATTEST: City Clerk of the City o Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and fore- going Resolution No. 89-36 was duly and regularly passed and adopted by the said City Council at a special meeting thereof, held on the 7th day of March, 1989. IN WITNESS WHEREOF, I have hereunto set my hard and affixed the Seal of the City of Costa Mesa this 8th day of March, 1989. J City Clerk and ex -officio Clerk the City Council of the City of Co Mesa r i J 33 EXHIBIT "A" RESOLUTION NO. 89-36 ASSESSOR PARCEL NO. 422-424-21 OWNERS NAME: James H. Happeny LOCATION: 954 Victoria Street DESCRIPTION: The lard referred to in this guarantee is situated in the State of Cali- fornia, County of Orange, City of Costa Mesa, and is described as follows: Lot 23 of Tract No. 1872, as shown on a map thereof recorded in Book 53, Pages 47, 48 and 49, Miscellaneous Maps, Records of said Orange County. Except all crude oil, petroleum, gas, brea, asphaltum arca all kindred substance and other minerals under and in said land, except the right to use any portion of the surface of the land for drilling operations, mining or quarrying of all kinds, including, but riot exclusive of oil well drill- ing, oil development, mining operations, together with the use of said surface for oil wells, tanks, tunnels, mining excavations or shafts, pro- vided, however, the same shall not be construed to prohibit slant drilling or such other operations which in no way use or in any way affect the surface rights of said land, and which do not enter said land at a point less than 500 feet to said surface.