HomeMy WebLinkAbout82-59 - Authorizing Condemnation - 346 Ogle Street150
RESOLUTION NO. 82-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, FINDING AND DETERMINING
THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE
THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN
REAL PROPERTY FOR PUBLIC USE AND AUTHORIZING
AND DIRECTING CONDEMNATION.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS
FOLLOWS:
WHEREAS, legal notice of intention to adopt a resolution of neces-
sity 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 specfied and its notice of intention to adopt
a resolution of necessity and referred to in Section 1240.030, Code of
Civil Procedure;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Costa Mesa as follows:
1. The City Council finds and determines that the public interest
and necessity require the acquisition by the City of Costa Mesa of that
certain real property located in the City of Costa Mesa, County of
Orange, State of California, described in Exhibit "A", attached hereto
and by reference incorporated herein as though fully set forth herein,
for public use, namely, for the location and construction of an alleyway
to facilitate automobile traffic circulation throughout the area and
related public uses.
2. The City Council finds and determines that said proposed pub-
lic project is planned and located in the manner that will be most
compatible with the greatest public good and the least private injury.
3. The City Council finds and determines that the acquisition of
said real property is necessry for said project and public use.
4. The City Council finds and determines that it is necessary to
acquire by eminent domain proceedings said real property for the afore-
said public purposes. The City of Costa Mesa is authorized to acquire
said real property by eminent domain pursuant to Sections 37350.5,
37353(b), and 40404(a) of the Government Code.
5. That Thomas C. Wood, City Attorney for the City of Costa Mesa,
is hereby authorized and directed to employ Robert F. Waldron, Inc., as
its special counsel to prepare and prosecute an eminent domain action
in the name of the City of Costa Mesa against all honors and claimants
of said real property for the aforesaid public purposes in the proper
court having jurisdiction thereof.
Said special counsel is authorized to do all things necessary
for such acquisition, including obtaining possession of said real prop-
erty prior to judgment and to take whatever steps and/or procedures
available under the Eminent Domain Law of the State of California
(Title 7, Chapters 1-12, Sections 1230.010 through 1273.050, Code of
Civil Procedure).
PASSED AND ADOPTED this 6th day of July, 1982.
ATTEST:
City C erk o t e City of Costa sa yor of he City of Costz Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
151
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. 82-59 was duly and regularly passed and adopted
by the said City Council at a regular meeting thereof, held on the 6th
day of July, 1982.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Seal of the City of Costa Mesa this 7th day of July, 1982.
My
Clerk an ex -officio
C
erko e
City
Council of the City
of
Cost esa
152
Legal description of partial take for alley purposes
@346 Ogle Street, Costa Mesa, California
The southwesterly 5.00 feet of the northeasterly 10.00
feet of the southeasterly 60.00 feet of Lot 75 of
Newport Heights Tract, as shown on a map recorded in
Book 4, Page 83 of Miscellaneous Maps, Records of
Orange County, California.
Page 1
Exhibit "A"
Resolution 82-59
(Jl