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HomeMy WebLinkAbout89-137 - Acquisition by Eminent Domain and Condemnation, 697 Victoria St..JL,- RESOLUTION NO. 89-137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING AND DETER4INING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION BY EMINENT DCMAIN 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 Proce- dure; 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 HERESY 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 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 comply with legal requirements for preserving valuation dates, orders, and prejudgment possession and judgments in condemnation. PASSED AND ADOPTED this 1st day of May, 1989. Mayor of the City flCosta Mesa ATTEST: C ty Clerk of the City of Cos tr sa 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. 89-137 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof, held on the lst day of May, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 2nd day of May, 1989. C ty Clerk and ex-o£ficio Clerk of t #e City Council of the City of Costa M a 314 .. EXHIBIT "A" RESOLUTION NO. 89-137 ASSESSOR PARCEL NO. 422-211-01 OWNER'S NAME: Marion and Michelle McDonald LOCATION: 697 Victoria Street DESCRIPTION: That portion of Lot 38 of Tract No. 9, in the City of Costa Mesa, County of Orange, State of California as shown on a map recorded in Book 9, Page 9 of Miscellaneous Maps, records of Orange County, California, described as follows: BEGINNING at a point in the North line of said Lot 38, said point lying N 89028'00" E 100.00 feet from the Northwest corner of said Lot 38; thence S 0032100" E 5.00 feet to a point in a line parallel with and 100.00 feet Easterly of, measured at right angles, the centerline of Pomona Avenue, said point being the TRUE POINT OF BEGINNING; thence continuing S 0°32'00" E 12.00 feet along last said line to a point on a non -tangent curve con- cave Southerly and having a radius of 1958.00 feet, a radial line of said curve passing through said point bears N 1033127" W; thence Westerly along said curve through a central angle of 1°22'31" an arc distance of 47.01 feet; thence S 44°28100" W 39.60 feet to a point in a line parallel with and distant 25.00 feet Easterly of, measured at right angles, the center- line of said Pomona Avenue; thence N 0032100" W 25.00 feet along last said line to the beginning of a tangent curve concave Southeasterly and having a radius of 15.00 feet; thence Northerly and Northeasterly along said curve through a central angle of 90°00'00" an arc distance of 23.56 feet; thence N 89028100" E 60.00 feet to the TRUE POINT OF BEGINNING.