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Home My WebLink About79-23 - Authorizing Condemnation of Butler PropertyRESOLUTION NO. 79-23 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. 2 (BUTLER) 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. 2 (Butler), 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. i �` � f I : • 4 Mayor of'thd City of Cosa Mesa ATTEST: p City Clerk of the City of Costa Me 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. 79-23 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. City Clerk and ex -officio Clerk of ffe City Council of the City of Costa &sa That portion of the northwesterly 90.00 feet of Lot 51 of Newport Heights, as shown on a map thereof recorded in Book 4, Page 83 of Miscellaneous Maps more particularly described as follows: BEGINNING at the most northerly corner of Lot 51, said northerly corner being on the centerline of Superior Avenue, formerly Newport Avenue; thence south 39°49'43" west along the centerline of Superior Avenue, formerly Newport Avenue, a distance of 117.50 feet; thence southeasterly a distance of 30.00 feet to the TRUE POINT OF BEGIN- NING; thence south 39°49'43" west along a line parallel and 30.00 feet southeasterly of the northwesterly line of said Lot 51 a dis- tance of 182.65 feet; thence southeasterly 35.00 feet to a point of cusp with a tangent curve, concave easterly, having a radius of 15.00 feet; thence northeasterly along said curve through a central angle of 90°00'00" an arc distance of 23.56 feet to a tangent line; thence north 39°49'43" east parallel and 50.00 feet southeasterly of the centerline of Superior Avenue a distance of 167.65 feet; thence northwesterly 20.00 feet to the TRUE POINT OF BEGINNING. For the purpose of this description, it is intended that the north- westerly line of Lot 51 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: John and Irene Butler Property Address: 1670 Superior Avenue Acquiring Agency: City of Costa Mesa Project Name: Superior Avenue Widening Project Parcel No.: 2 PLAT MAP AND LEGAL DESCRIPTION Prepared By: Jun Ompad /s/ Approved By: Daniel H. Musselman, Jr. /s/ EXHIBIT "A" Resolution No. 79-23 m x W 1� I� Ro.e., N'cr co/t. Lori T N. E LY L/Nf LOT �0 -� %1 r \i\/Frj rZ r PROPERTY ADDRESS: i�Ta ��ER/OR A1�f j .Q n ACQUIRING ACENCY: circ of cosrA iNE.S4 Q o O 30_00' Z 0 PROJECT PROJECT K,,: N."): _? REAL V PLA; ivi.g'j LEGAL DESCRIPTION PROPERTY SERVICES LOT 1 4n MiM Mir Aa -00 d J J ��oo oo- iTS • r C 1-- mss. o0 AR&A Or 7AKJ` 3,70 /..2 9 SQ. tT RrS/DUAL ARIA - /2,737. 2/ sc+. rr. EXHIBIT "B" P.4F'�t`L 1 CITYOFCOSTA ACQUISITION MAP ��'TH •� Z � TMI[ 11 ■OT � [1MV[T CYT 1[ M/tIL[0 /N■ [[1[T1N[ f[CONCR PROPERTY OWNER: `/OMAN ar /BENE .Bt/TLER h PROPERTY ADDRESS: i�Ta ��ER/OR A1�f j ^ ACQUIRING ACENCY: circ of cosrA iNE.S4 Q o ;N E SUOER/QR AVE. W1oENING PROJECT NAME- PROJECT PROJECT K,,: N."): _? V PLA; ivi.g'j LEGAL DESCRIPTION PREPARE APP OnVE Y: � . VJv - LOT 1 4n MiM Mir Aa -00 d J J ��oo oo- iTS • r C 1-- mss. o0 AR&A Or 7AKJ` 3,70 /..2 9 SQ. tT RrS/DUAL ARIA - /2,737. 2/ sc+. rr. EXHIBIT "B" P.4F'�t`L 1 CITYOFCOSTA ACQUISITION MAP ��'TH •� Z � TMI[ 11 ■OT � [1MV[T CYT 1[ M/tIL[0 /N■ [[1[T1N[ f[CONCR