HomeMy WebLinkAbout82-92 - Condemnation - Peterman Property at 132 East 19th Street`?3S
RESOLUTION NO. 82-92
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 APPROXIMATELY 6 X
50 -FOOT PORTION OF THE PROPERTY LOCATED AT 132 EAST
19TH STREET AND KNOWN AS THE PETERMAN PROPERTY
FOR THE WIDENING OF 19TH STREET BETWEEN PARK AND
FULLERTON AVENUES, 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
FOLD :
WHEREAS, legal notice of the intention to adopt a resolution of
necessity to acquire the hereinafter described real property designated
as Exhibit "A" by eminent domain was duly given by the City Council of
the City of Costa Mesa to the owners of the property pursuant to and
in compliance with the requirements of §1245.235 of the Code of Civil
Procedure; and
WHEREAS, the City Council of the City of Costa Mesa held a
hearing on those matters specified in its notice of intention to adapt
a resolution of necessity and referred to in §1240.030 of the Code of
Civil Procedure; and
WHEREAS, the City of Costa Mesa desires to widen 19th Street
between Park and Fullerton Avenue within the City of Costa Mesa in
accordance with the Master Plan of Streets and Highways as previously
adopted; and
WHEREAS, the City of Costa Mesa has the power of eminent domain
pursuant to Government Code §37350.5 and Code of Civil Procedure 91240.10
and §1240.110; and
WHEREAS, the City of Costa Mesa is authorized to establish, lay
out and widen any public street pursuant to Streets and Highways Code
§4090(a) and may acquire private property by condemnation when it is
necessary to widen a street pursuant to Government Code §40404(a);
and
WHEREAS, it is in the public interest and necessity to acquire the
subject real property described in the attached Exhibit "A" which is
incorporated by this reference as though fully set forth herein for
the 19th Street widening project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Costa Mesa does hereby find and determine 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" for public use, namely the widening of 19th Street and
other and related public uses.
BE IT FURTHER RESOLVED that the public interest and necessity require
the widening of 19th Street between Park and Fullerton Avenues.
BE IT FURTHER RESOLVED that the proposed widening project is
planned and located in the manner that will be most compatible with
the greatest public good and the least private injury.
BE IT FURTHER RESOLVED that the real property described in Exhibit
"A" is necessary for the proposed street widening.
BE IT FURTHER RESOLVED that Thomas C. Wood, City Attorney for the
City, and Robert F. Waldron, Special Counsel, are hereby authorized,
directed, and empowered as follows:
_ 236
A. To acquire in the name of the City of Costa Mesa the certain
real property and any existing improvements, described in Exhibit "A",
in fee simple by condemnation in accordance with the provisions of the
California Government 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 judgment and to take whatever steps or
procedures available under the Eminent Domain Law of the State of
California (Title 7, Chapters 1-12, §§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 "A2" and is incorporated by this
reference as though fully set forth herein.
PASSED AND ADOPTED this 6th day of December, 1982.
ji
Mayor of the City°of Costa Mesa
ATTEST:
City Clerk of the City of Costa M a
STATE OF CALIFORNIA )
COUN'T'Y 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. 82-92 was duly and regularly passed and
adapted by the said City Council at a regular meeting thereof, held on
the 6th day of December, 1982.
IN WITNESS HEREOF I have hereunto set my hand and affixed the
Seal of the City of Costa Mesa this 7th day of December, 1982.
l��Z&4c
Ci y Clerk and ex -officio clerk of e
City Council of the City of Cost esa
PETERMAN
132 East 19th Street
Assessors Parcel #426-263-20
That part of Lot 28 of Tract No. 1086, in the City
of Costa Mesa, County of Orange, State of California, as shown
on a map recorded in Book 35, Page 25 of Miscellaneous Maps,
in the office of the County Recorder, Orange County, more
particularly described as follows:
Beginning at the most westerly corner of said
Lot 28; thence north 39048150" east along the
northwesterly line of said Lot 28, a distance
of 6.00 feet to a point on the line parallel
and 36 feet northeasterly of the center line
of 19th Street; thence south 50°11'10" east
32.74 feet; thence south 53°14'16" east 17.29
feet to a point on the southeasterly line of
said Lot 28; thence south 39°48'50" west
6.92 feet along the southeasterly line of
Lot 28 to a point in a line parallel and 30.00
feet northeasterly of the center line of 19th
Street; thence north 50011'10" west along said
parallel line 50.00 feet to the Point of
Beginning.
-REAL PROPERTY SERVICES
RUr t Y S: _1 `
;,"W"ARIING AGENCY:
NAME:
PLAT Pilr1P AIJD LEGAL S%J i i0N ,
PREPARED BY: /App OVER
EXHIBIT A
Exhibit "A"
Resolution No. 82-92
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ACQUISITION MAP
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THIS It NOT A SURVEY BUT IS
COMPILED FROM KKIITIMS RECORDS
9176