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Home My WebLink About99-18 - Finding and determining that the public interest and necessity require the acquisition, in easement interest of certain2.31 RESOLUTION NO 99-18 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, IN EASEMENT INTEREST, OF CERTAIN REAL PROPERTY FOR WIDENING OF 17"' STREET, A PUBLIC PURPOSE. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. On April 5, 1999, and after at least fifteen (15) days' written notice to the owners of property at 612 West 17" Street (Assessor Parcel No. 424-281-28), as more particularly described and depicted in Exhibit "A" attached hereto, the City Council held a hearing for the purpose of allowing the owners a reasonable opportunity to appear and be heard on the following matters: Whether the public interest and necessity require the proposed widening of 17"' Street; Whether the proposed street widening project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; Whether the property sought to be acquired is necessary for the street widening project; and Whether the offer required by Government Code Section 7267.2 has been made to the owner of record. The City Council, as a result of the hearing on April 5, 1999, determined that the public health, safety, and welfare require the acquisition by the City of an easement interest over a portion of the property at 612 West 1 T" Street (Assessor Parcel No. 424-281-28) for street widening purposes, a public use. This property is more particularly described and depicted in Exhibit "A" attached hereto and incorporated herein by reference. The acquisition is authorized by Section 19 of Article I of the California Constitution, Section 37350.5 of the California Government Code, and by California Code of Civil Procedure Sections 1240.010 through 1240.050. SECTION 2. The City Council does hereby find, determine, and declare that: The public interest and necessity require the proposed widening of 17' Street; The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; The property and the taking of an easement interest thereof, as described and depicted in Exhibit "A" attached hereto, is necessary for the proposed project; and An offer, as required by California Government Code Section 7267.2 has been made to the owner of record. SECTION 3. The City Council does hereby declare that it is the intention of the City to acquire the property in its name in accordance with the provisions of the laws of the State of California with reference to condemnation procedures. SECTION 4. The properties are located in the City of Costa Mesa, County of Orange, State of California, as more particularly described and depicted in Exhibit "A". 232 SECTION 5. There has been compliance with the California Environmental Quality Act of 1970, Public Resources Code Section 21000 et seq. insofar as the above application is concerned, and the City Council has certified Environmental Impact Report No. 1044 by adoption of a resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Costa Mesa, California, authorizes the City Attorney to institute and prosecute, in the name of the City of Costa Mesa, such proceedings, in the court having proper jurisdiction, as may be necessary for the acquisition of the easement interest in the property. The City Attorney is also authorized, should he believe it necessary, to obtain a court order granting to the City the right of possession and occupancy of the property. The City Attorney is further authorized to incur on behalf of the City of Costa Mesa, all necessary expenses for the preparation and trial of the action, including, but not limited to: Incurring fees for attorneys, law clerks, paralegals, and attorney support services on behalf of the City of Costa Mesa as, in the judgment of the City Attorney, are necessary for the preparation and trial of the action; Authorizing the retention of additional appraisers to evaluate claims or defenses raised by the defendants; Authorizing additional work by appraisers to make their appraisal reports current, or to evaluate new or additional lines of inquiry not covered in their original report; Preparation of maps, charts, diagrams, and photographs; and Authorizing payments to appraisers or other experts for time spent on pre-trial conferences and field trips to inspect property, its neighborhood, and comparable sales. SECTION 6. The City Clerk shall certify to the adoption of this resolution. PASSED AND ADOPTED this 5"' day of April, 1999. Mayor oft a City of Costa Mesa ATTEST: T Deputy City 9erk of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing i Resolution No. 99-18 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 5"' day of April, 1999. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 6"' day of April, 1999. i LL4_�_� Deputy City .lerk and ex -officio Clerk of the City Council of the City of Costa Mesa 1 EXHIBIT A THE LAND REFERRED HEREIN TO IS SITUATED IN THE CITY OF COSTA MESA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 408 OF THE NEWPORT MESA TRACT, RECORDED IN BOOK 5, PAGE I OF MIISCELLANEOUS MAPS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SHOWN AND DESCRIBED AS PARCEL I ON LOT LINE ADJUSTMENT NO. LL -92-03, RECORDED SEPTEMBER 3, 1992 AS D4STRUMENT NO. 92-596398 OF OFFICIAL RECORDS OF SAID COUNTY. BEGINNING AT THE N.E.'LY CORNER OF SAID PARCEL I OF LOT LINE ADJUSTMENT NO. LL -92-03; THENCE SOUTH 0°21' 10" WEST 148.67 FEET ALONG THE EASTERLY LINE OF SAID PARCEL 1 OF LOT LINE ADJUSTMENT NO. LL -92.03; THENCE, SOUTH 89°38'50" EAST 47.42; THENCE SOUTH 0°21'10" WEST 138.07 FEET ALONG THE EASTERLY LINE OF SAID PARCEL 1 OF LOT LINE ADJUST�vtENT NO. LL -92.03 TO THE TRUE POINT OF BEGO(NING: THENCE SOUTH 0°21' 10" WEST 13.08 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1,650 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS SOUTH 0049'09" EAST; THENCE WESTERLY 33.72 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1 °10' 16"; THENCE SOUTH 89°38'45" EAST 82.80 FEET ALONG THE SOUTHERLY LINE OF SAID PARCEL 1 OF LOT LINE ADJUSTMENT LL -92-03; THENCE NORTH 82°03'06" EAST 90.80 FEET; THENCE SOUTH 89°38'45" EAST 136.70 FEET; THENCE SOUTH 85°00'36" EAST 34.yu FEET; THENCE SOUTH 8938'45" EAST 15.60 FEET; THENCE SOUTH 84°17'05" EAST 19.57 FEET; TO THE TRUE POINT QF BEGINNING. ALL AS t4OWN ON EXHIBIT "B" ATTACHED HERETO A .7 MADE A PAR" HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHT-OF-WAY AND EASEMENTS OF RECORD IF ANY. / ROBERT E. SI S. RCE 25068 LICENSE EXPIRES 12-31-01 Legal Description — Staples AP No. 424-281-28 EXHIBIT "A' EXHIBIT Resolution No. 99-18 Page 1 of 2 Noy am S 89'38'50' EN.E.'LY CORNER -•-------- - PCL 1 171.12 234 I , 1 1 1 I SCALE: . r1-M�.I\ I.I. T I /I-.. � T.\ • . Y I'llI . ...\ ..... ... ........ .•1•M /I.. •. I I...I 1/ / •.111 /1//� I' 40/ s I.. P. I/ I 1 S 89'38'50' E 47.42 1 I I .I 1 I cn 1r. ,C� 1 60 cm Ln r-- JCI �r ^_ ,o is i H S 8417'? 5f 1 c I 1 I� ' 51.j9'38'IS� E� S 89'38/ N 85'00'36 E I 34.90 I S 89'38'450 _ .10 jev 218.42 82.80 STREET k HWY. ESMT. O.R. 84-283622 S 89'38'45' E - --- - - - - ---- M SME7 eCU v 110 8 R • 1650.00 L s 33.72 -4 :R' 1 LO k22 ,,,,.B `.'°°` EXHIBIT B 17TH STREET 1 EXHIBIT Resolution No. 99-18 Page 2 of 2 1 O 10 vrv.. .. ••.. • N .....• .w�� r ;.iii I •,�.,,\ .•......../. 1 iiit;: n: . r1-M�.I\ I.I. T I /I-.. � T.\ • . Y I'llI . ...\ ..... ... ........ .•1•M /I.. •. I I...I 1/ / •.111 /1//� I' 40/ s I.. P. I/ I 1 S 89'38'50' E 47.42 1 I I .I 1 I cn 1r. ,C� 1 60 cm Ln r-- JCI �r ^_ ,o is i H S 8417'? 5f 1 c I 1 I� ' 51.j9'38'IS� E� S 89'38/ N 85'00'36 E I 34.90 I S 89'38'450 _ .10 jev 218.42 82.80 STREET k HWY. ESMT. O.R. 84-283622 S 89'38'45' E - --- - - - - ---- M SME7 eCU v 110 8 R • 1650.00 L s 33.72 -4 :R' 1 LO k22 ,,,,.B `.'°°` EXHIBIT B 17TH STREET 1 EXHIBIT Resolution No. 99-18 Page 2 of 2