HomeMy WebLinkAbout89-46 - Acquisition by Eminent Domain and Directing Condemnation, 872 Victoria St.61
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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 USE 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 FOLLOWS:
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
onjuno-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, Thongs 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 comply with legal requirements for preserving valuation dates,
orders, and prejudgment possession and judgments in condemnation.
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PASSED AND ADOPTED this 7th day of March, 1989.
(ATTEST:
City Clerk of the City of Costa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as
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. 89-96 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 hand and affixed the Seal
of the City of Costa Mesa this 8th day of March, 1989.
City Clerk and fficio Clerk of Ahe
City Council of the City of Costa sa
J
i
EXHIBIT "A"
RESOLUTION NO. 89-46
ASSESSOR PARCEL NO. 422-433-34
OWNERS NAME: Doris and Robert Mccosker
DMATION: 872 Victoria Street
DESCRIPTION:
The land 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:
Int 11 of Tract No. 1872, as shown on a map recorded in Book 53, Pages 47,
48 and 49 of Miscellaneous Maps, in the Office of the County Recorder of
said County.
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