HomeMy WebLinkAbout83-46 - Setting Public Hearing for Eminent Domain Proceedings -Assessment District No. 82-1RESOLUTION NO. 83-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA SETTING TIME AND PLACE
FOR PUBLIC HEARING ON ADOPTION OF RESOLUTION OF
NECESSITY TO ORDER ACQUISITION BY EMINENT DOMAIN
PROCEEDINGS.
WHEREAS, the CITY COUNCIL of the CITY OF COSTA MESA, CALIFORNIA, is
conducting proceedings for a special assessment district pursuant to the
terms and provisions of the "Municipal Improvement Act of 1913", being
Division 12 of the Streets and Highways Code of the State of California,
for the construction of certain public works of improvement, together with
appurtenances and appurtenant work in connection therewith, including
acquisition where necessary; said special assessment district known and
designated as: ASSESSMENT DISTRICT NO. 82-1, STERLING AVENUE, (hereinafter
referred to as the "Assessment District"); and
WHEREAS, under said special assessment district proceedings, it will
be necessary that certain right-of-way acquisition be made in order to
accomplish the construction of the works of improvement as proposed, and
at this time this governing body is desirous of setting a time and place
for a public hearing on the adoption of a Resolution of Necessity relating
to the rights -of. -way and/or easements not yet acquired for the project and
improvements in said Assessment District; and
WHEREAS, there has been presented for consideration, a proposed
Resolution of Necessity to Exercise the Right of Eminent Domain relating
to this Assessment District, a copy of which is on file with the transcript
of these proceedings;
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That certain right-of-way acquisition is necessary for the
accomplishment of the improvements as proposed for the Assessment District,
and said rights-of-way are as set forth and described in the proposed
Resolution of Necessity to Exercise the Right of Eminent Domain, a copy of
which is on file with the transcript of these proceedings, with an Exhibit
attached thereto setting forth the proper and legal description of all
rights-of-way to be acquired.
SECTION 3. THAT NOTICE IS HEREBY GIVEN THAT ON MONDAY, THE 5TH DAY OF
JULY, 1983, AT THE HOUR OF 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL,
ANY AND ALL PERSONS WHERE EASEMENTS OR RIGHTS-OF-WAY ARE TO BE ACQUIRED,
WILL HAVE AN OPPORTUNITY TO APPEAR AND TO BE HEARD ON THE MATTER OF THE
ADOPTION OF THE RESOLUTION OF NECESSITY TO EXERCISE THE RIGHT OF EMINENT
DOMAIN TO ACQUIRE EASEMENTS AND RIGHTS-OF-WAY NECESSARY FOR THE PROPOSED
IMPROVEMENTS IN THE ASSESSMENT DISTRICT.
SECTION 4. That for further particulars, reference is made to the
proposed Resolution of Necessity, with the Exhibits attached thereto, as
on file with the transcript of these proceedings, and to Section 1245.235
of the Code of Civil Procedure and related Sections thereto.
PASSED AND ADOPTED this 16th day of
ATTEST:
9-
Crty Clerk of the City of Costa M
Mayor
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, California, hereby certify that the
above and foregoing Resolution No. 83-46 was duly and regularly passed and
adopted by the said City Council at a regular meeting thereof, held on the
16th day of May, 1983, by the following roll call vote:
AYES: COUNCIL MEMBERS: Hall, Johnson, Hert2og, McFarland, Schafer
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal
of the City of Costa Mesa this 17th day of May, 1983.
City Clerk and ex -officio Clerko the
City Council of the City of Cos Mesa