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Home My WebLink About83-82 - Authorizing Condemnation of Property at 1945 Pomona AvenueRESOLUTION NO. 83-82 A RESOLUTICN OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFOIN IA, FINDING, DETERMINING, AND DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITICN BY CONDEMNATION OF CERTAIN REAL PROPERTY DESIGNATED AS 1945 POMONA AVENUE, 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 CCNDEMNATION, AND DIRECTING THE CITY ATTORNEY TO PROCEED WITH SUCH ACTICN. THE CITY COUNCIL OF THE CI`T'Y 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 32-1 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 empowered as follows: A. To acquire permanent easements and temporary construction ease- ments in the name 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 danain. 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 "B" and is incorporated by this reference as though fully set forth herein. PASSED AND ADOPTED this 1st day of Aug ; 1983. Mayor of the City of Costa Mesa ATTEST: L�� (i a�_" o,,/ City Clerk of the City of Costa M;P STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, EILEEN P. PHIMEY, 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. 83-82 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. Citf Clerk and ex -officio clerk of4&e City Council of the City of Costa sa w 160 LEGAL DESCRIPTION PERMANENT EASEMENT The West 3.00 feet of Lot 31 of Tract 612, Block "F", as recorded in Book 20, Pages 1 and 2 of Miscellaneous Maps, Records of the County of Orange, State of California, more cc monly known as 1945 Pomona Avenue, Costa Mesa, California. The West 8.00 feet of Lot 31 of Tract 612, Block "F", as recorded in Book 20, Pages 1 and 2 of Miscellaneous Maps, Records of the County of Orange, State of California, more camnonly known as 1945 Pomona Avenue, Costa Mesa, California. All as more particularly shown on the map attached hereto and made a part hereof. Assessor Parcel No. 422-261-12 EXHIBIT "A" Resolution No. 83-82 rz 0 u 00 w i N a Lu h i i t.J I .7 :1 .. � (1 8' TEMPORARY t?N- ' � STRUCT/ON EASEMENT oto AP 922-26 Hwr MENT y ~f �Q• Le �1 —T -- � I —e-- — t ,uivEriENrH 5TRZT7- I CITY OF COSTA MESA Nn r•. ACQUISITION MAP ••"I ' = � Ml TMU It Mor t epMVV e It ewr��te rMer tRit�oMe Mgceeet