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HomeMy WebLinkAbout80-62 - Condemnation - Boice - 17th Street ExtensionRESOLUTION NO. 80-62 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 DESIGNATED AS PARCELS 3, 5 & 6 (BOICE) FOR THE 17TH STREET EXTENSION PRO- JECT, 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 ex- tension of 17th Street; and WHEREAS, the City of Costa Mesa has the power to eminent domain pursuant to California Government Code Section 37350.5 and California Civil Code of Procedure Section 1240.10, and California Street and Highways Code Section 4090; and WHEREAS, it is in the public interest and necessity to acquire the subject property designated as the 17th Street Extension Project 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 17th Street Extension Project and other and related public uses. BE IT FURTHER RESOLVED that the public interest and necessity re- quire 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 least private injury. BE IT FURTHER RESOLVED that the said real property described here- in is necessary for the said proposed project. BE IT FURTHER RESOLVED that THOMAS C. WOOD, City Attorney for said City and ROBERT F. WALDRON, Special Counsel, are hereby authorized, dir- ected 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 juris- diction 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 is incorporated herein by this reference. PASSED AND ADOPTED this 2nd day of June, 1980. Mayor of the City of Cos a Mesa ATTEST: City Clerk of the City of Cost r 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. 80-62 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof, held on the 2nd day of June, 1980. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 3rd day of June, 1980. City Clerk and ex -officio Clerk the City Council of the City of Co a Mesa That portion of Lot 82 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 centerline intersection of 17th Street and Orange Avenue; thence North 49°5815211, West along said centerline of 17th Street a distance of 660.00 feet; thence South 40°01108" West along a line a distance of 40.00 feet to the TRUE POINT OF BEGINNING; thence North 49°58152" West along a line parallel and 40.00 feet Southwesterly of the center line of 17th Street a distance of 198.00 feet to an angle point; thence South 40001'08" West on a line, said line being parallel and 858.00 feet Northwesterly of the center line of Orange Avenue; a distance of 125.00 feet to an angle point; thence North 49°58152" West along a line, said line being parallel and 165.00 feet Southwesterly of the centerline of 17th Street a distance of 134.76 feet to a point on a non -tangent curve concave Easterly having a radius of 140.00 feet said point having a radial bearing of North 64°32104.98" West, thence Southerly along said curve through a central angle of 06°53120.93" a distance of 16.83 feet to a point on said curve having a radial bearing of North 71°25125.91" West; thence South 49058152" East along a line, said line being parallel and 181.00 feet Southwesterly of the centerline of 17th Street a distance of 195.56 feet to an angle point; thence South 40°01108" West along a line, said line being parallel and 792.00 feet Northwesterly of the centerline of Orange Avenue a distance of 30.52 feet to a point on a non -tangent curve concave Southerly having a Radius of 597.00 feet, Said point•having a radial bearing of South 00°50148" East, thence Easterly along said curve through a central angle of 15° 11145" a distance of 158.33 feet to an angle point having a Radial bearing of South 14°20'57" West; thence North 40°01108" East along a line, said line being parallel and 660.00 feet Northwesterly of the centerline of Orange a distance of 84.92 feet to the TRUE POINT OF BEGINNING. Exhibit "A" for Resolution No. 80-62 Page 1 SEVENTEENTiy D d•i'4f03'�� A, A:;�P.a? L • ez.r93 SAO/�"W fiS3 " .v�s•sysz-W 1 �A95BsYW f� N 70'4/ 17 -Ifs i 3330 --- sA9sa31E S T/tC'E_ T i Nf9-se� w� 1 791a�" 1 d • /t'.P4 /77 L • /id 1i•4 • v, s� 0� PARCEL S. cs o N A�VTCEL o So;y f �� 1S-Fs'se'sr/ LOT _ s�os z' 1\/] im Zs.3 j ,Q r 1rH Ts 17M f'ro.T-cr f91 RC.EL i \ ZiA Of TAKE - 4./r7 ?a so.fr.' )TESIDVIAL ARTA r 4,12't 7,E s4.P A,�.,q of r,,4KE= r��L� AREA GIS rAKE ■ /, 9Zt.9b SQ. Pr /'CSSlDa4L ARG Ir /, 9!4l.4l SO -J -r 2 gyp. CONOE-�2t/�1T/pN 1 - AXeA OFTA.E'E - 3 /9'3. S9 Sq . 107Shce� t vf'Q CITY OF COSTA MESA CONDEMNATION MAP •••�• '"` ..T„8 TIII• It NOT 1tUOV[Y WT U MrrILtO FROM tx1tTIR• RtCOtOt d •/sir4s'I R • f97.Cb, � L • /Feti3 ' Q r 1rH Ts 17M f'ro.T-cr f91 RC.EL i \ ZiA Of TAKE - 4./r7 ?a so.fr.' )TESIDVIAL ARTA r 4,12't 7,E s4.P A,�.,q of r,,4KE= r��L� AREA GIS rAKE ■ /, 9Zt.9b SQ. Pr /'CSSlDa4L ARG Ir /, 9!4l.4l SO -J -r 2 gyp. CONOE-�2t/�1T/pN 1 - AXeA OFTA.E'E - 3 /9'3. 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