HomeMy WebLinkAbout84-08 - Condemnation of Smolich Property, Del Mar Avenue'323
RESOLUTICN NO. 84-8
A RESOLUTICN OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, FINDING AND DETERMINING
THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE
THE ACQUISITICN BY EMINENT DOMAIN OF CERTAIN
REAL PROPERTY, DESIGNATED THE SMOLICH PROPERTY,
FOR PUBLIC USE AND AUTHORIZING AND DIRECTING
CCNDENNATICN .
WHEREAS, legal notice of intention to adopt a resolution of necessity
to acquire the hereinafter described real property by eminent domain was
duly given by the City Council of the City of Costa Mesa pursuant to and
in compliance with the requirements of Section 1245.235, Code of Civil
Procedure; and
WHEREAS, the City Council of the City of Costa Mesa held a public
hearing on those matters specified in its notice of intention to adopt a
resolution of necessity and referred to in Section 1240.030, Code of Civil
Procedure;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Costa Mesa and it finds and determines each of the following:
1. The public interest and necessity require the acquisition by the
City of Costa Mesa of that certain real property located in the
City of Costa Mesa, County of orange, State of California,
described in Exhibit "A" attached hereto and by reference incor-
porated herein as though set forth herein in full, for public use,
namely, for the widening, construction and improvement of Del Mar
Avenue and related public uses, as part of its Del Mar Avenue
Improvement Project.
2. The proposed public project is planned and located in the manner
that will be most canpatible with the greatest public good and
the least public injury.
3. The acquisition of said real property is necessary for the
proposed project.
4. The offer required by Section 7267.2 of the Goverment Code has
been made to the owners of record.
5. The real property sought to be acquired includes a remnant within
the meaning of Section 1240.410 Code of Civil Procedure.
Reference is made to Sections 1240.410 and 1240.420 Code of Civil
Procedure.
6. It is necessary to acquire by eminent danain proceedings said
real property for the aforesaid public purposes. The City of
Costa Mesa is authorized to acquire said real property by eminent
domain pursuant to Section 4090 Streets and Highways Code, Sec-
tions 37350.5 and 40404(a) Government Code and Sections 1240.010
and 1240.410 Code of Civil Procedure.
7. The City Attorney, Thomas C. Wood, or his designee, and the law
firm of Robert F. Waldron, Inc., as special counsel, are hereby
authorized and directed to prepare and prosecute an eminent domain
action in the name of the City of Costa Mesa against all owners
and claimants of said real property for the aforesaid public
purposes in the proper court having jurisdiction thereof. Said
counsel are authorized to do all things necessary for such acqui
sition, including obtaining possession of said real property
prior to judgment and to take whatever steps and/or procedures
available under the Eminent Domain Law of the State of California
(Title 7, Chapters 1-12, Sections 1230.010 through 1273.050 Code
of Civil Procedures) .
2a
PASSED AND ADOPTED this 3rd day of January 1984.
Mayor of the Ci0y of Costa sa
ATTEST:
(S;l a I -.- 'd J1
C y Clerk of the City of Costa Me
STATE OF CALIFORNIA )
COLUTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, EILEEV 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. 84-8 was duly and regularly passed and adopted by the
said City Council at a regular meeting thereof, held on the 3rd day of
January, 1984.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal
of the City of Costa Mesa this 4th day of January, 1984.
(9
C ty Clerk and ex -officio Clerk o e
City Council of the City of Cos Mesa
,325
EXHIBIT "A"
RESOLUTICN NO. 84-8
The northwesterly 50 feet of the southeasterly 240 feet of Lot 25 and the
northwesterly 50 feet of the southeasterly 240 feet of the southwesterly
48 feet of Lot 24 of Tract No. 376, as shown on a map recorded in Book 15,
Page 29 of Miscellaneous Maps, Records of Orange County, California.
Assessor Parcel No. 439-071-11
126-128 Del Mar Avenue