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Home My WebLink About82-08 - Condemnation - 153 East 17th Street10 RESOLUTION NO. 82-8 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 7 (SECURITY PACIFIC NATIONAL BANK) FOR THE 17TH STREET EXTENSION 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 exten- sion 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 Civil Code of Procedure Section 1240.10, and California Street and High- ways Code Section 4090; and WHEREAS, it is necessary to acquire the subject property desig- nated as 153 East 17th Street (a portion of Lot 82 of Newport Heights, City of Costa Mesa, County of Orange, State of California, Book 4, Page 83) for said purposes. 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 certain real property (153 East 17th Street) hereinafter more particularly described in the attached Exhibits A -B(2) which are incorporated by this reference as though fully set forth herein, for the purpose of the 17th Street Extension project and other related public uses. BE IT FURTHER RESOLVED that the public interest and necessity require the said proposed project and real property acquisition. BE IT FURTHER RESOLVED that the 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 real property described herein is necessary for the proposed project and other related public uses and is acquired in accordance with California Code of Civil Procedure Section 1240.150. 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 this real property and any existing improvements, described more fully in the attached exhibits, 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 as though fully set forth herein. 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 as though fully set forth herein. PASSED AND ADOPTED this 1st day of February, 1982. I -A -L Mayor of the City of Costa I Mesa ATTEST: 6PCiCy 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. 82-8 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof, held on the 1st day of February, 1982. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 2nd day of February, 1982. Ci y Clerk and ex -officio Cl rk of the City Council of the City of osta Mesa EXHIBIT A PARCEL 1: The northwesterly 66 feet of the southeasterly 630 feet of Lot 82, of Newport Heights, City of Costa Mesa, County of Orange, State of California, as shown on a map recorded in Book 4, Page 83 of Miscellaneous Maps, Re -cords of Orange County, California. PARCEL 2: The northwesterly 12 feet of all that portion of Lot 82 of Newport Heights, as shown on a map recorded in Book 4, Page 83 of Miscellaneous maps, co Records of Orange County, California, described as follows: ¢co Beginning at a point in the southwesterly boundary of 17th Street, distant 4� C- 432 feet northwesterly from the most easterly corner of said Lot 82; thence o, northwesterly along said southwesterly boundary of 17th Street a distance of X 132 feet to a point; thence southwesterly parallel to Orange Avenue, a distance w o of 300.15 feet to a point in the southwesterly boundary line of said Lot 82; v thence southeasterly along the southwesterly boundary of said Lot 82 a distance of 132 feet to a point; thence northeasterly parallel to Orange Avenue a distance of 300.15 feet to the Point of Beginning. EXHIBIT A Q 0 PO. B = /7 T'r STREET N 49058'52"W 78.00' 1 1 AREA OF TAKE= 22,63/.7 50. FT. EXIVENI-Bi -- I CITY OF COSTA MESS D•t• r•' OR•o■ O♦ n. "" ACQUISITION MAP •••�� =501 "'•4/23/81 irl$ 1$ NOT a WRvEr Wt IR CORPILED FROM l$1$r IR$ RECORD$ j FIJrI I`l rn((''j� -✓ J -3 2) sar o� a LI V J\/] J\/J,-'r/ �k rJri(--;)HTs N 49 °58'52"W 78.00 AREA OF TAKE= 22,63/.7 50. FT. EXIVENI-Bi -- I CITY OF COSTA MESS D•t• r•' OR•o■ O♦ n. "" ACQUISITION MAP •••�� =501 "'•4/23/81 irl$ 1$ NOT a WRvEr Wt IR CORPILED FROM l$1$r IR$ RECORD$ TEENTH •1ti LEGEND: �\e i� Property being condemned in this proceeding ,1 L 1 \ •to el CITY OF COSTA MESA pate me. DRAW" eT. . CONDEMNATION MAP TNIe IL NOT A tYRVLT OUT to COY►ILLD TROY LSIaTINO RLCORD! I 00 I NN Cc 00 4� C 0 41 s � x r - W O N