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
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Property being condemned in this proceeding
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CITY OF COSTA MESS
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