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HomeMy WebLinkAbout76-123 - Condemnation, Acquisition of Park Sites, Sofian - Plumer StreetRESOLUTION NO. 76-123 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 SITE FOR PUBLICLY OWNED FACILITIES OF A RECREATIONAL AND EDUCATIONAL NATURE, AND AUTHORIZING THE ACQUISI- TION OF SAID 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 publicly owned facilities of a recreational and educational nature, and to make such other improvements as are generally found in connection with said site; 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; 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 said site as shall be hereinafter more particu- larly described. BE IT FURTHER RESOLVED that the public interest and necessity require the acquisition for and in connection with said site as herein- after in this Resolution more particularly described. BE IT FURTHER RESOLVED that said proposed project 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 the purpose of publicly owned facilities of a recreational and educational nature. Said real property, or interests in real property or existing improvements to be so acquired by condemnation, are situated in the City of Costa Mesa, County of Orange, State of California, and are more particularly described as follows: "Lot 4 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. ATTEST: • _ \T City Clerk of the City of Costa Me s 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. 76-123 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 a I I _ ANANzEr/M AVE -4 Al ' 1 PAlCEL 1 i~ /27 50' O N, t� t G� Al PAlCEL 1 4 /27 50' O t� Al