HomeMy WebLinkAbout89-03 - Condemnation, 930 Victoria StreetRESOLUTION NO. 89-3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, FINDING AND DETERMINING
THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE
THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN
REAL PROPERTY, DESIGNATED THE SALINAS/BARRERA
PROPERTY, FOR PUBLIC USE AND AUTHORIZING AND
DIRECTING CONDEMNATION.
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 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 incorporated herein
as though set forth herein in full, for public use, namely, for
the widening, construction, and improvement of Victoria Street and
related public uses, as part of its Victoria Street Improvement
Project.
2. The proposed public project is planned and located in the manner
that will be most compatible with the greatest public good and
the least public injury.
3. The acquisition of said real property is necessary for the pro-
posed project.
4. The offer required by Section 7267.2 of the Government 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. Refer-
rence is made to Sections 1240.410 and 1240.420 Code of Civil
Procedure.
6. It is necessary to acquire by eminent domain 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, Sections
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 Palmieri, Tyler, Wiener, Wilhelm, and Waldron, as special
counsel, are hereby authorized and directed to prepare and prose-
cute 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 jurisdic-
tion thereof. Said counsel is authorized to do all things neces-
sary for such acquisition, including obtaining possession of said
real property prior to judgement 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).
PASSED AND ADOPTED this 3rd day of January, 1989.
Mayor of the Cit Costa Mesa
ATTEST:
C y Clerk of the City of Costa Me
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. 89-3 was duly and regularly passed and adopted by the
said City Council at a regular meeting thereof, held on the 3rd day of
January, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal
of the City of Costa Mesa this 4th day of January, 1989.
ela 'cazu'j a
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City Clerk and ex -officio Clerk 6-Vkhe
City Council of the City of Cos sa
-U31
EXHIBIT "A"
RESOLUTION NO. 89-3
IAT 20 OF TRACT NO. 1872, IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE,
CITY OF COSTA MESA, AS SHOWN ON A MAP RECORDED IN BOOK 53, PAGES 47, 48,
AND 49, MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY.
Assessor Parcel No. 422-424-16
930 Victoria Street
Salinas/Barrera Property