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Home My WebLink About82-13 - Condemnation - Stroot, 488 East 17th Street, for Storm DrainRESOLUTION NO. 82-13 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 AN EASEMENT OVER THE NORTHEASTERLY TWENTY FEET OF PARCEL 25 (STROOT, 488 EAST 17TH STREET) FOR THE CONSTRUCTION OF A SUB -SURFACE STORM DRAIN NORTH OF 17TH STREET, 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, legal notice of intention to adopt a resolution of necessity to acquire the hereinafter described real property by eminent domain was duly given by the City Council of the City of Costa Mesa pursuant to and in compliance with the requirements of Section 1245.235, Code of Civil Procedure; and WHEREAS, the City Council of the City of Costa Mesa held a public hearing on those matters specified and its notice of intention to adopt a resolution of necessity and referred to in Section 1240.030, Code of Civil Procedure; and WHEREAS, the City of Costa Mesa desires to construct a sub -surface storm drain north of 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 Code of Civil Procedure Section 1240.10 and Section 1240.110; and WHEREAS, the City of Costa Mesa is authorized to construct, establish and maintain storm drains pursuant to Government Code Section 38900 and may acquire private property by condemnation when it is necessary to construct such a storm drain pursuant to Government Code Section 40404(b); and WHEREAS, it is in the public interest and necessity to acquire the subject easement for a sub -surface storm drain project. 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 in Exhibit "A" attached hereto and by this reference incorpo- rated as though fully set forth herein, for public use, namely a sub- surface storm drain north of 17th Street 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 and located in the manner that will be most compatible with the great- est public good and the least private injury. BE IT FURTHER RESOLVED that the said real property described herein is necessary for the proposed sub -surface storm drain project. BE IT FURTHER RESOLVED that Thomas C. Wood, City Attorney for said City, and Robert F. Waldron, Special Counsel, 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 Exhibit "A", an easement in perpetuity and a temporary construction easement by condemnation in accordance with the provisions of the California Govern- ment Code, the California Code of Civil Procedure, 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 under the power of eminent domain in the proper court having jurisdiction thereof, as is necessary for such acquisition against all honors and claimants. C. The City Attorney and special counsel are authorized to do all things necessary for such acquisition, including obtaining possession of said real property prior to judgement and to take whatever steps or procedures available under the Eminent Domain Law of the State of Cali- fornia (Title 7, Chapters 1-12, Sections 1230.010 through 1273.050, Code of Civil Procedure). BE IT FINALLY RESOLVED that said property is further described on the plat attached hereto as Exhibit "B" and is incorporated by this reference as though fully set forth herein. PASSED AND ADOPTED this 1st day of March, 1982. mayor o t e- osta Mesa ATTEST: City 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. 82-13 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof, held on the 1st day of March, 1982. IN WITNESS WHEREOF I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 2nd day of March, 1982. City Clerk and ex -officio Clerk o t e City Council of the City of Cost esa The above temporary construction easement shall not exceed a period of one (1) year. EXHIBIT A PERMANENT EASEMENT A subsurface right-of-way and permanent easement in, under, along, through and across the following described real property for a drain for the transmission of wastewater and related public uses; together with the right to enter and re-enter therein at all necessary and proper times in aid of the foregoing purposes and uses to construct, reconstruct, suspend, use, operate, maintain, repair, renew, relocate, enlarge and � m replace therein said drain; and to prohibit the building or placement 0 It of any permanent structures thereon except paving, landscaping, fencing, aw ri N = surfacing, railroad tracks and related appurtenances; w The Northeasterly 20.00 feet of Lot 98, Newport Heights, as per map thereof recorded in Book 4, Page 83, Misoel- laneous Maps, Records of Orange County, California. Excepting therefrom the Northwesterly 440.00 feet thereof. TEMPORARY EASEMENT A temporary construction easement in, on, along, through and across the following described real property; The Northeasterly 30.00 feet of Lot 98, Newport Heights; as per map thereof recorded in Book 4, Page 83, Miscel- laneous Maps, Records of Orange County, California. Excepting therefrom the Northwesterly 430.00 feet thereof. The above temporary construction easement shall not exceed a period of one (1) year. EXHIBIT A CQ it T CITY OF COSTA MESA D{lD RO. DRAMM lT-M•✓ _rAAPFF 0 - DAT ACQUISITION ACAP {CAL{. -Z �-,s- TNI! It NOT A SURVEY OUT It _ COM►1L[D FROM [XI{TIN• RECORDS N m a N 4- O OJ IT lu CL m �-J t X W 7'O (D v m o x o �+ 00 co N N W _CITY OF COSTA MESA "I"""' DRAWN R1,M.✓. /AAPS ACQUISITION XA.P /-30IMTI. 7 -/s -II THIS 18 NOT A •URY[T BUT 18 COMIII [0 FROM [XI[TIM• RECORD[ z)