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HomeMy WebLinkAbout89-83 - Acquisition by Eminent Domain and Condemnation, 645 Victoria St.zr See Resolution 89-83A Page 335 RESOLUTION NO. 89-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING AND DETEMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION BY EMINENT M4AIN OF CERTAIN REAL PROPERTIES FOR PUBLIC USE AND AUTHORIZING AND DIRECTING CONDE14NATION. 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 arca 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 J 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 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 of the City Costa Mesa ATTEST: City Clerk of the City of Costa as STATE OF CALIFORNIA ) COUNTY OF ORANCE ) 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. 89-83 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 ex -officio Clerk of City Council of the City of Costa a 711 7i EXHIBIT "A" RESOLUTION NO. 89-83 ASSESSOR PARCEL NO. 422-211-12 OWNERS NAME: Willi B. Kutz 1 LOCATION: 645 Victoria Street J 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 north one-half of lot 39 of Tract No. 9, as shown on a map recorded in Book 9, Page 9 of Miscellaneous Maps in the Office of the County Recorder of said Orange County. Except from said Lot 39, the easterly 528.00 feet. Also except from said Lot 39, the northerly 120 feet of the westerly 50.00 feet of the easterly 578.00 feet i J