HomeMy WebLinkAbout79-116 - Condemnation of Robertson Property on Baker StreetRESOLUTION NO. 79-116
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 CONDEMNATION OF
CERTAIN REAL PROPERTY DESIGNATED AS PARCEL NO. 3
(ROBERTSON) ON BAKER STREET IN THE CITY OF COSTA
MESA FOR 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 widen-
ing of Baker Street between the Costa Mesa Freeway and Bristol Street;
and
WHEREAS, the City of Costa Mesa has the power of eminent domain
pursuant to California Government Code §37350.5 and California Civil
Code of Procedure §1240.10, and California Streets and Highways Code
§4090; and
WHEREAS, it is in the public interest and necessity to acquire
the subject property designated as PARCEL NO. 3 (ROBERTSON) 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 particularly
described for the purpose of the Baker 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 greatest
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 accordance 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 jurisdic-
tion 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
hereby by this reference.
BE IT FINALLY RESOLVED that said property is further described on
the plat attached hereto as Exhibit "B" and incorporated hereby by this
reference.
PASSED AND ADOPTED this 17th day of September, 1979.
Mayor of the i o Costa Mesa
ATTEST:
4C y Clerk of the City of Costa esa
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. 79-116 was duly and regularly passed and adopted
by the said City Council at a regular meeting thereof, held on the 17th
day of September, 1979.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Seal of the City of Costa Mesa this 18th day of September, 1979.
City Clerk and ex -officio Clerk o he
City Council of the City of Costa esa
EXHIBIT A
The southerly 10.00 feet of Lot 24 of Tract No. 3662 as
shown. on a ma; recorded in Boot, 140, Pages 1, 2 and 3 of,
Miscellaneous Maps, records of Orange County, California.
SuZiect to all Covenants, Conditions, Restrictions,
Reservations, Rights, Rights of Way, and Easements
of Record, if any.
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EXHIBIT "A" for Resolution No. 79-116
Property r,mers: Gene H. Robertson
Jean A. Robertson
Pronerty Street
Mciress: 642 Baker Street
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