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HomeMy WebLinkAbout65-64 - Authorizing Condemnation - Baker Fire Station SiteRESOLUTION N0. 65-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING, DETERMINING AND DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A CERTAIN EASEMENT FOR FIRE STATION FACILITIES, AND AUTHOR- IZING ACQUISITION OF SAID EASEMENT BY CONDEMNATION, AND DIRECTING THE CITY ATTORNEY TO PROCEED WITH SUCH ACTION, AND RESCINDING RESOLUTION N0. 65-54. WHEREAS, the City Council of the City of Costa Mesa, California, did on the 21st day of June, 1965, adopt a Resolution No. 65-54; and WHEREAS, it is now determined for the best interest of the City that said Resolution be rescinded and that this Resolution be adopted in its stead; and WHEREAS, the City of Costa Mesa proposes to construct or cause to be constructed a fire station facility to serve the north-east portion of said City; and WHEREAS, plans for said work have been approved by said City and are on file in the Office of the Engineer for said City, and the Engineer for said City has reported and recommended that certain easements are needed for the completion of said work, which said easement is hereinafter more par- ticularly described; and WHEREAS, it is in the public interest and necessity to acquire the said easement for fire station facilities. NOW, Tfi=ORE, the City Council of the City of Costa Mesa does hereby find, determine, order, declare and resolve as follows: SECTION 1. Resolution No. 65-54, is hereby rescinded. SECTION 2. That the public interest and necessity require the acqui- sition, construction and completion by the City of a public improvement, viz; the construction of a fire station facility. SECTION 3. That the public interest and necessity require the acquisi- tion, for and in connection with said improvement, of the easement for fire station facilities in real property, and as hereinafter in this Resolution more particularly described. SECTION 4. That said proposed public improvement is planned and located in a manner which will be most compatible with the greatest public good and the least private injury. SECTION 5. That said City proceed, and it is hereby authorized, directed, and empowered, and Donald Dungan, the Attorney for said City, is hereby authorized, directed and empowered as follows: (a) To acquire in the name of the City of Costa Mesa the real property, interest in real property and the easement in real property hereinafter expressly described, in and to the said hereinafter described real property, or interest in real property, by condemnation, in accordance with the provi- sions of the Government Code, the Code of Civil Procedure, and the Constitution of the State of California relating to Eminent Domain. .� (b) To prepare and prosecute, in the name of the City of Costa Mesa, such proceeding or proceedings in the proper Court having jurisdiction thereof, as is necessary for such acquisition. (c) To make application to said Court for an Order fixing the amount of such security in the way of money deposit, as said Court may direct, and for an Order permitting said City to take immediate possession and use of said real property interest, easement in real property, for fire station facilities. (d) To make deposit of such security out of proper funds of said City, in such amount so fixed and determined, and in such manner as said Court in which said condemnation proceedings are pending may direct. SECTION 6. The real property, or interests in real property, or existing improvements, which the Attorney for said City is authorized and directed to acquire in the name of the City, is hereinafter described: The East 105.6 feet of the West 211.2 feet of the South 412.5 feet (measured from center line of Baker Avenue) of a portion of Lot 6, Block E, Berry Tract. SECTION 7• That the City Clerk shall verify the adoption of this Resolution. PASSED AND ADOPTED this 19th day of July, 1965. 11?rA__AoVV1;&h.0 Ma of the City of Costa Mesa ATTEST: City Clerk of the City of Costa Mesa I, C. K. PRIEST, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, California, do hereby certify that at a regular meeting of the City Corncil, City of Costa Mesa, California, held on the 19th day of July, 1965, the foregoing Resolution No. 65-64 was considered and that said Resolution was then passed and adopted as a whole by the follow- ing roll call vote, to wit: AYES: Councilmen: Pinkley, Jordan, Wilson, Barck, Thompson NOES: Councilmen: None ABSENT: Councilmen: None IN WITNESS WHEREOF, I have hereunto set my hand and seal this 20th day of July, 1965. City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa