HomeMy WebLinkAbout78-112 - Authorizing Condemnation, McDonald PropertyRESOLUTION NO. 78-112
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 BY CONDEMNA-
TION OF CERTAIN REAL PROPERTY DESIGNATED AS THE
McDONALD PROPERTY ON 19TH STREET IN THE CITY OF
COSTA MESA FOR A STREET WIDENING PROSECT, 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 provide for the
widening of 19th Street between Park Avenue and Fullerton Avenue; and
WHEREAS, the City of Costa Mesa has the power of eminent domain
pursuant to California Government Code Section 37350.5 and California
Civil Code of Procedure Section 1240.10, and California Streets and
Highways Code Section 4090; and
WHEREAS, it is in the public interest and necessity to acquire
the subject property, designated as the McDonald property located at
1898 Newport Boulevard, Costa Mesa, 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, hereinafter more particu-
larly described for the purpose of the 19th Street widening project
and other and related public uses.
BE IT FURTHER RESOLVED that the public interest and necessity
require the said proposed project.
BE IT FURTHER RESOLVED that the said proposed project is planned
or located in the manner that will be most compatible with the great-
est good and the least private injury.
BE IT FURTHER RESOLVED that the said real property described
herein is necessary for the said proposed project.
BE IT FURTHER RESOLVED that 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 any existing improvements, hereinafter de-
scribed, in fee simple absolute by condemnation in accordance
with the provisions of the California Streets and Highways Code,
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 said real property is described
as follows:
"That portion of Lot 161 of Newport Heights, per map thereof
recorded in Book 4, Page 83 of Miscellaneous Maps, records
of Orange County, California, more particularly described as
follows:
BEGINNING at the most northerly corner of Lot 161 of said
Newport Heights; thence south 50°11'10" east along the
northeasterly line of said Lot 161 a distance of 31.00 feet
to the TRUE POINT OF BEGINNING; thence continuing along said
northeasterly line of Lot 161 a distance of 108.00 feet;
thence south 39°48'55" west a distance of 40.00 feet to a
point on a line parallel and 70.00 feet southwesterly of the
centerline of 19th Street; thence north 50°11'10" west along
said parallel line a distance of 56.83 feet to the beginning
of a tangent curve, concave southwesterly having a radius of
497.00 feet; thence northwesterly along said curve through a
central angle of 4°54'48" an arc distance of 42,62 feet to
the beginning of a tangent compound curve, concave southerly
having a radius of 28.00 feet, a radial through said point
bears south 34°54'02" west; thence northwesterly, westerly,
and southwesterly along said curve through a central angle
of 85°05'12" an arc distance of 41.58 feet to a point of
cusp with a line parallel and 14.00 feet southeasterly of
the northwesterly line of Lot 161; thence north 39°48'55"
east along said parallel line a distance of 52.72 feet to
the beginning of a tangent curve, concave southerly, having
a radius of 17.00 feet; thence northeasterly, easterly, and
southeasterly along said curve through a central angle of
90000'05" an arc distance of 26.70 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 20th day of November, 1978.
Z'l.!,..Lai
Mayor of the!City of Costa Mesa
ATTEST:
City Cl er of the City of Costa M 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. 78-112 was duly and regularly passed and
adopted by the said City Council at a regular meeting thereof, held on
the 20th day of November, 1978.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Seal of the City of Costa Mesa this 21st day of November, 1978.
p
City Clerk and ex -officio Clerk of
City Council of the City of Costa7a