HomeMy WebLinkAbout76-121 - Condemnation, Acquisition of Park Sites, Swope - Center StreetRESOLUTION NO. 76-121
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
PUBLIC PARK SITE, AND AUTHORIZING THE ACQUISI-
TION OF SAID PUBLIC PARK SITE 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 a site
for a public park and to make such other improvements as are generally
found in connection with municipal public park site improvements; and
WHEREAS, Government Code Section 37350.5 authorizes a city to
acquire by Eminent Domain any property necessary to carry out any of its
powers or functions; and
WHEREAS, it is in the public interest and necessity to acquire
said site 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: a public park
site 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 site 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 the property hereinafter described in
the Resolution is necessary for the proposed project.
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 acquisi-
tion.
BE IT FURTHER 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 interest
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:
"Lot 18 and the east one-half of Lot 19 of Tract 692 as shown
on a map recorded in Book 21, Page 6, of Miscellaneous Maps,
records of Orange County, California."
BE IT FINALLY RESOLVED that said parcels are described on a plat
attached hereto, and by this specific reference made a part of this
Resolution.
PASSED AND ADOPTED this 20th day of September, 1976.
Mayor of the ty of Costa Mesa
ATTEST:
V - v
City Clerk of the City of Costa M
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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. 76-121 was duly and regularly passed and
adopted by the said City Council at a regular meeting thereof, held on
the 20th day of September, 1976.
IN WITNESS WHEREOF I have hereunto set my hand and affixed the Seal
of the City of Costa Mesa this 21st day of September, 1976.
City Clerk and ex -officio Clerk of e
City Council of the City of Costa sa
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