HomeMy WebLinkAbout83-81 - Authorizing Condemnation of Property at 720 West 19th StreetRESOLUTION NO. 83-81
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 720 WEST 19TH STREET,
LOCATED WITHIN THE CITY OF COSTA MESA, FOR THE
CONSTRUCTION, OPERATION, AND MAINTENANCE OF ALLEY
IMPROVEMENTS AND ALL APPURTENANCES THERETO PUR-
SUANT TO ASSESSMENT DISTRICT 82-1, 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 permanent easements and temporary construction ease-
ments in 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 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 construct, operate, and
maintain alley improvements and all appurtenances necessary thereto
pursuant to Assessment District 82-1 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 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 construct, operate,
maintain, establish, lay out, and widen any public street or alley pursuant
to Streets and Highways Code Section 4090(a) and may acquire private prop-
erty by condemnation when it is necessary to widen a street pursuant to
Government Code Section 40404(a); and
WHEREAS, it is in the public interest and necessity to acquire
permanent easements and temporary construction easements in subject real
property described in the attached Exhibit "A" which is incorporated by
this reference as though fully set forth herein for Assessment District
82-1 alley improvements and all necessary appurtenances thereto;
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 Assessment District 82-1 which will construct, operate,
and maintain alley improvements and all necessary appurtenances thereto
(hereinafter "project") along property within the boundaries of the Assess-
ment District.
BE IT FURTHER RESOLVED that the public interest and necessity requires
the proposed public project.
BE IT FURTHER RESOLVED that the proposed public project is planned
and located in a 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 construction, operation, and maintenance of the
proposed public project.
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
of Costa Mesa, and George W. McFarlin of the law firm of Brown and Nazarek,
of special counsel, are hereby authorized and unpowered as follows:
A. To acquire permanent easements and temporary construction ease-
ments in the mune of the City of Costa Mesa the certain real property and
any existing improvements, described in Exhibit "A", by condemnation in
accordance with the provisions of the Government Code, the Code of Civil
Procedure, the Constitution of the State of California, and other applic-
able 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 danain 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 "B" and is incorporated by this reference
as though fully set forth herein.
PASSED AND ADOPTED this 1st day of Augi
ATTEST:
ity Clerk of the City of Costa Me
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
Mayor
to 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. 83-81 was duly and regularly passed and adopted by
the said City Council at a regular meeting thereof, held on the 1st day
of August, 1983.
IN WITNESS WHEREOF I have hereunto set my hand and affixed the Seal
of the City of Costa Mesa this 2nd day of August, 1983.
Ci y Clerk and ex -officio clerk of e
City Council of the City of Costa sa
PERMANENT EASEMENT
The West 3.00 feet of Lots 37, 38, 39, and 40 in Block "F" of Tract 612,
as per map recorded in Book 20, Pages 1 and 2 of Miscellaneous Maps,
in the Office of the County Recorder of the County of Orange, State of
California, more commonly known as 720 West 19th Street, Costa Mesa,
California.
TEMPORARY EASEMENT
The West 8.00 feet of Lots 37, 38, 39, and 40 in Block "F" of Tract 612,
as per map recorded in Book 20, Pages 1 and 2 of Miscellaneous Maps,
in the Office of the County Recorder of the County of Orange, State of
California, more commonly known as 720 West 19th Street, Costa Mesa,
California.
All as more particularly shown on the map attached hereto and made a part
hereof.
Assessor Parcel No. 422-261-18 and 23
EXHIBIT "A"
Resolution No. 83-81
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