HomeMy WebLinkAbout83-31 - Condemnation, 145 East 19th Street, for Widening of 19th StreetRESOLUTION NO. 83-31
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 145 EAST 19TH STREET
FOR THE WIDENING OF 19TH STREET BETWEEN PARK AND
EULLEMN 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
FOLLOWS:
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 ccmpli-
ance with the requirements of Section 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 adopt a resolution
of necessity and referred to in Section 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 dcmain
pursuant to Government Code Section 37350.5 and Code of Civil Procedure
Section 1240.10 and Section 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 Section
4090(a) and may acquire private property by condemnation when it is neces-
sary to widen a street pursuant to Government Code Section 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 incor-
porated 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 the offer required by Government Code
Section 7267.2 has been made to the owner of record.
BE IT FURTHER RESOLVED that Thomas C. Wood, City Attorney for the
City, and Robert F. Waldron, Special Counsel, are hereby authorized and
empowered as follows:
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 Goverment
Code, the Code of Civil Procedure, the Constitution of California, and
other applicable laws of California relating to eminent domain.
B. To prosecute in the name of the City of Costa Mesa, such proceed-
ing under the power of eminent domain in the proper court having jurisdic-
tion thereof, as is necessary for such acquisition against all 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 available
under the Eminent Domain Law (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 "A2" and is incorporated by this reference
as though fully set forth herein.
PASSED AND ADOPTED this 18th day of April 983.
Mayor�-of the City of Costa Mesa
ATTEST:
r' ';� (:: � )) .
City Clerk of the City of Cos—td Mesa
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 fore-
going Resolution No. 83-31 was duly and regularly passed and adopted by
the said City Council at a regular meeting thereof, held on the 18th day
of April, 1983.
IN WITNESS WHEREOF I have hereunto set my hand and affixed the Seal
of the City of Costa Mesa this 19th day of April, 1983.
C ty Clerk and ex -officio clerk the
City Council of the City of Co Mesa
LEGAL DESCRIPTION
STREET AND HIGHWAY DEDICATION
A.P. NO. 117-105-23
That portion of rot 12, Tract No. 3229 per a map recorded in Book 100, Page
12 of Miscellaneous Maps, Records of Orange County, California, more partic-
ularly described as follows:
Beginning at the most northerly corner of said Lot 12, said corner
also being a point on the southwesterly line of 19th Street;
thence south 39° 48' 45" west along the northwesterly line of said
Lot 12 a distance of 34.03 feet; thence south 53" 14' 16" east a
distance of 41.10 feet to the beginning of tangent curve concave
westerly and having a radius of 18.00 feet; thence southerly and
southwesterly along said curve through a central angle of
931 03' 01" an arc distance of 29.23 feet to a point on the north-
westerly line of Fullerton Avenue as shown on said tract; thence
north 390 48' 45" east along said northwesterly line a distance of
34.816 feet to the beginning of a tangent curve concave westerly
and having a radius of 15.00 feet; thence northerly and north-
westerly along said curve through a central angle of 890 59' 55"
an arc distance of 23.56 feet to a point on the southwesterly
line of 19th Street as shown on said tract; thence north
500 11' 10" west along said southwesterly line a distance of 45.00
feet to the point of beginning.
EXHIBIT "A"
Resolution No. 83-31
Page 1of 2
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