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HomeMy WebLinkAbout75-97 - Condemnation for Brentwood Street Park SiteBrentwood Street Park Site - Parcel 2 RESOLUTION NO. 75-97 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 CERTAIN PUBLIC PARK SITES, AND AUTHORIZING THE ACQUISI- TION OF SAID PUBLIC PARK SITES BY CONDEMNATION, AND DIRECTING THE CITY ATTORNEY TO PROCEED WITH SUCH ACTION. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: THAT, WHEREAS, the City of Costa Mesa desires to acquire sites for public parks and to make such other improvements as are generally found in connection with municipal public park site improvements; and WHEREAS, said public park site acquisitions are being made from a portion of the proceeds made available by the sale of general obligation bonds authorized pursuant to Section 43600 through and including Section 43638, Government Code; and WHEREAS, it is in the public interest and necessity to acquire the said easements and rights-of-way for public park purposes; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Costa Mesa does hereby find, determine, declare, and order that the public interest and necessity require the acquisition and improvement by the City of Costa Mesa of a public improvement, to wit: public park sites as shall be hereinafter more particularly described. BE IT FURTHER RESOLVED that the public interest and necessity require the acquisition for and in connection with said public improve- ment of the public park sites as hereinafter in this Resolution more particularly described. BE IT FURTHER RESOLVED 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. BE IT FURTHER RESOLVED that said City proceed, and it is hereby authorized, directed, and empowered, and ROY E. JUNE, City 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 easements and rights-of-way in real property, hereinafter described real property, or interest in real property, by condemnation, in accordance with the provisions 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 acqui- sition. BE IT FINALLY RESOLVED that the real property, or interests in real property or existing improvements, which the City Attorney of the City of Costa Mesa is authorized and directed to acquire in the name of the City, as hereinafter described: (a) As to all of the following described real property, or inter- est in real property or existing improvements, the interest to be acquired as to each parcel shall be in fee for public park purposes. Said real property, or interests in real property or existing improvements to be so acquired by condemnation for public park purposes, are situated in the City of Costa Mesa, County of Orange, State of California, and are more particularly described as follows: The west one-half of the east 85.00 feet of the south 200.00 feet of the west one-half of the east one-half of Lot 1, Tract No. 9, per map thereof, recorded in Book 9, Page 9 of Miscellaneous Maps, Records of Orange County, California. SUBJECT to all covenants, conditions, restrictions, reservations, rights, rights-of-way, and easements of record, if any. PASSED AND ADOPTED this 16th day of September, 1975. Mayor of the City of Costa Mefa ATTEST: �aict'AL_ q Oj�_ Deputy City Clerk of the City of Costa Mesa 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 foregoing Resolution No. 75-97 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof, held on the 16th day of September, 1975. IN WITNESS WHEREOF I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 17th day of September, 1975. By: 2JLe Deputy City Clerk of the City of Costa Mesa jj&&X'/ F - -- C ty Clerk and ex -officio Clerk of he City Council of the City of Costa esa By: 2JLe Deputy City Clerk of the City of Costa Mesa