HomeMy WebLinkAbout79-22 - Authorizing Condemnation of Toncray PropertyRESOLUTION NO. 79-22
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
PARCEL NO. 1 (TONCRAY) ON SUPERIOR AVENUE IN THE
CITY OF COSTA MESA FOR A STREET WIDENING PROJECT,
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 Superior Avenue between Industrial Way and 17th Street;
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 Parcel No. 1 (Toncray), 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 Superior Avenue 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, and ROBERT F. WALDRON, Special Counsel for said City, are
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
described, in fee simple absolute by condemnation in ac-
cordance with the provisions of the California Government
Code, the California Code of Civil Procedure, 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
acquisition.
BE IT FURTHER RESOLVED that the legal description of said real
property is set forth in Exhibit "A" attached hereto and incorporated
herein by this reference.
BE IT FINALLY RESOLVED that said property is further described on
the plat attached hereto as Exhibit "B" and incorporated herein by
this reference.
PASSED AND ADOPTED this 20th day of February, 1979.
Mayor of the CitY of Costa Mesa �.
ATTEST:
01 cwx_'��
City 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. 79-22 was duly and regularly passed and
adopted by the said City Council at a regular meeting thereof, held on
the 20th day of February, 1979.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Seal of the City of Costa Mesa this 21st day of February, 1979.
p
City Clerk and ex -officio Clerk of ffe
City Council of the City of Costa Pysa
That portion of Lot 51 and Lot 61 of Newport Heights, as shown on a
map 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 51, said northerly
corner being in the center of Superior Avenue, formerly Newport
Avenue; thence southeasterly a distance of 30.00 feet along the
northeasterly line of said Lot 51 to the TRUE POINT OF BEGINNING;
thence north 39°49'43" east along the northwesterly line of said Lot
61 a distance of 60.00 feet; thence southeasterly 20.00 feet; thence
south 39°49'43" west parallel and 50.00 feet southeasterly of the
centerline of Superior Avenue a distance of 177.50 feet; thence
northwesterly 20.00 feet; thence north 39°49'43" east parallel and
30.00 feet southeasterly of the northwesterly line of said Lot 51 a
distance of 117.50 feet to the TRUE POINT OF BEGINNING.
For the purpose of this description, it is intended that the north-
westerly line of Lot 51 and Lot 61 is coincident with the centerline
of Superior Avenue, formerly Newport Avenue, as shown on said map of
Newport Heights.
Subject to all Covenants, Conditions, Restrictions, Reservations,
Rights, Rights -of -Way, and Easements of Record, if any.
REAL PROPERTY SERVICES
Property Owner: Marion and Sarah Toncray
Property Address: 1680 Superior Avenue
Acquiring Agency: City of Costa Mesa
Project Name: Superior Avenue Widening
Project Parcel No.: 1
PLAT MAP AND LEGAL DESCRIPTION
Prepared By: Jun Ompad /s/
Approved By: Daniel H. Musselman, Jr. /s/
EXHIBIT "A"
Resolution No. 79-22
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