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HomeMy WebLinkAbout89-77 - Acquisition by Eminent Domain and Condemnation, 687 Victoria St.51 See Resolution 89-77A Page 323 RESOLUTION NO. 89-77 A RESOLUTION OF 143E CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION BY EMINENT M4AIN 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 Was 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 with the widening, construction, and improvement of Victoria Street and related public uses, as part of its Victoria Street Improverent Project. 2. It is necessary to acquire by eminent domain said real property interests for street and highway purposes. The City of Costa Mesa J 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 campatible 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 danain 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 juriadio- tion thereof and to do, perform, and carry out all proceedings and steps incident to the acquisition of said real property which said counsel deers reasonably necessary including orders for prejudg- ment possession. 8. The Director of Finance is hereby directed to draw a warrant frau 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. PASSED AND ADOPTED this 7th day of March, 1989. Mayor ot the City Costa Mesa ATTEST: C1 ty Clerk ot the City ot Costa 7 a 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. 89-77 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. C ty Clerk and ex -officio Clerk of City Council of the City of Costa sa 155 I s EXHIBIT "A" RESOLUTION NO. 89-77 ASSESSOR PARCEL NO. 422-211-05 OWNERS NAME: Marian A. Peebler LOCATION: 687 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: The east 60 feet of the west 220 feet of the north half of Lot 38 of Tract No. 9, as per map recorded in Book 9, Page 9 of Miscellaneous Maps, in the Office of the County Recorder of said County. Except an undivided 568 of all oil, gas and other hydrocarbon substances in or under said lard, as granted to the following parties as to the following interests: Ralph E. Estabrook, a single man, as to an undivided 68 interest by deed recorded October 16, 1946 in Book 1450, Page 582, Official Records. Charles L. Smith and Mildred H. Smith, husband and wife, as to an undivided 68 by deed recorded October 16, 1946 in Book 1459, Page 160, Official Records. James H. Roper and Elizabeth A. Roper, husband and wife as joint tenants, as to an undivided 228 by deed recorded October 16, 1946 in Book 1451, Page 437, Official Records. Dale Cox and Elva B. Cox, husband and wife as joint tenants, as to an undivided 228 interest by deed recorded October 16, 1946 in Book 1451, Page 437, Official Records. Also except the interest in an undivided 568 of all undivided one-half interest in all oil, gas, and other hydrocarbon substances, which was excepted by Hazel K. Laws, a widow, in deed recorded December 18, 1953 in Book 2636, Page 398, Official Records. Also except an undivided 508 interest of all oil, gas and other hydrocarbon substances in or under said land to which they are entitled as of record, as reserved by Robert N. Glass and Syvia E. Glass, husband and wife, which recites: R. Wingo and Margaret E. Wingo, husband and wife, which recites: Except an undivided 508 interest of all oil, gas and other hydrocarbon sub- stances in or under said land to which they are entitled as of record.