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HomeMy WebLinkAbout78-74 - Proceed with Condemnation - Southwest Corner of Harbor Boulevard and 19th StreetRESOLUTION NO. 78-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING, DETERMINING, AND DECLARING THAT THE PUBLIC INTEREST AND NECES- SITY REQUIRE THE ACQUISITION BY CONDEMNATION OF CERTAIN REAL PROPERTY FOR STREET WIDENING PUR- POSES, AND AUTHORIZING SAID 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: WHEREAS, the City of Costa Mesa desires to widen that portion of East 19th Street in accordance with the Precise Plan adopted on June 19, 1978, by Resolution No. 78-64; and WHEREAS, the City of Costa Mesa has the power of eminent domain, pursuant to California Government Code Section 37350.5, and California Streets and Highways Code Section 4090, and California Code of Civil Procedure Section 1240.010; and WHEREAS, that notice has been duly given and a hearing held, pursuant to California Code of Civil Procedure Section 1230.010, et seq.; and WHEREAS, it is in the public interest and necessity to acquire the subject property for said purpose; 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 by the City of Costa Mesa of that certain real property as shall be hereinafter more particularly described for the purpose of said street widening. BE IT FURTHER RESOLVED that the said street widening is planned or located in the manner that will be most compatible with the greatest good and the least private injury. BE IT FURTHER RESOLVED that said real property described herein is necessary for the said street widening. BE IT FURTHER RESOLVED that said City proceed, and it is hereby authorized, directed, and empowered, and R. R. Campagna, 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 certain real property and interest in real property and existing improve- ments, if any, hereinafter described, in fee simple absolute by condemnation in accordance with the provision of California Government Code, the California Code of Civil Procedure, the Constitution of California, and other applicable laws 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 ac- quisition. BE IT FURTHER RESOLVED that the real property and interest in real property and existing improvements, if any, which the said City Attorney is hereby authorized and directed to acquire in the name of said City, is described as follows: "That portion of Lots I. and 2, Block 'B' of Tract No. 18 as shown on a map recorded in Book 9, Page 20 of Miscellaneous Maps, records of Orange County, California, more particularly described as fol- lows: BEGINNING at the northeast corner of Lot 1, Block 'B' of said Tract No. 18; thence south 0°28'17" east along the easterly line of said Lot 1 a distance of 76.76 feet, said easterly line being parallel and 30.00 feet westerly of the centerline of Harbor Boulevard; thence south 89°31'43" west a distance of 15.00 feet to a point on a curve, concave southwesterly, having a radius of 28.00 feet; a radial line bears south 89°31'43" west, said point also being the TRUE POINT OF BEGINNING; thence northerly, northwesterly, and westerly along said curve through a central angle of 86°24'33" an arc distance of 42.23 feet to the beginning of a tangent compound curve, concave southerly, having a radius of 1,437.00 feet, a radial through said point bears south 3°07'10" west; thence wester- ly along said curve through a central angle of 3°35'27" an arc distance of 90.06 feet to a tangent line; thence south 89°31'43" west a distance of 10.00 feet; thence north 79°09'41" west a dis- tance of 49.92 feet; thence north 0°28'17" west a distance of 26.20 feet to a point on a line parallel and 40.00 feet southerly of the centerline of 19th Street; thence north 89031'43" east along said parallel line a distance of 163.20 feet to the beginning of a tangent curve, concave southwesterly, having a radius of 12.00 feet; thence easterly, southeasterly, and southerly along said curve through a central angle of 90°00'00" an arc distance of 18.85 feet to a tangent line parallel and 45.00 feet westerly of the centerline of Harbor Boulevard; thence south 0°28'17" east along said parallel line a distance of 54.76 feet to the TRUE POINT OF BEGINNING." BE IT FINALLY RESOLVED that said property is further described on the plat attached hereto, and by this specific reference made a part of this Resolution. PASSED AND ADOPTED this 17th day of July, 1978. Mayor of the City of Costa Mesa ATTEST: C ty Clerk of the City of Costa a 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. 78-74 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof, held on the 17th day of July, 1978. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 18th day of July, 1978. Citf Clerk and ex -officio Clerk the City Council of the City of Cost esa M x H tdH a n, 0 It PO m co 0 r 00 rt 0 z 0 00 I RS , z a - Ro Q„ ` m 0m N _ i s'm� Y � gD m r N-1, t 00, - s .�r 7' .17Ift / Exhibit for Res. 73-74 sOF • MMl =4 AV MU 3•;st ! a 1 3 r � i 1 : Zi i j.j:;j0SF= •F:.il (frr j;j I I r �f\•�p�a7 f '•�•o+ir.\ \ RS , z a - Ro Q„ ` m 0m N _ i s'm� Y � gD m r N-1, t 00, - s .�r 7' .17Ift / Exhibit for Res. 73-74 sOF