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HomeMy WebLinkAbout9932 - Condemnation of Real PropertiesRESOLUTION NO.. 9932 A RESOLUTION OF THE CITY COUNCIL OF THE CITY MW OF NEWPORT BEACH AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTIES IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREFOR WHEREAS, the City of Newport Beach is authorized by virtue of the statues of the State of California to take proper- ties by condemnation and to hold, use and enjoy these properties as necessary to the full exercise of its power; and WHEREAS, the City of Newport Beach is authorized by virtue of Code of Civil Procedure Sections 1240.010, 1240.110, 1240.120, 1240.320, 1240.330, 1240.350, 1240.410, 1240.420, 1240.510 and 1240.610 and Government Code Sections 40404, 37350, 37350.5, 39792 and 54341 to take property by condemnation for oil drilling, pass- through and production purposes; and WHEREAS, all persons whose names and addresses appear on the last equalized assessment roll for the properties described herein were given notice and an opportunity to be heard pursuant to Code of Civil Procedure Section 1245.235; and WHEREAS, a public "hearing was held by the City Council of the City of Newport Beach on December 8, 1980, at which time the matters set forth in Code of Civil Procedure Section 1240.030 were discussed, including the following matters: ® (a) Whether the public interest and necessity require the project; (b) Whether the project is planned and located in the manner that will be most compatible with the great- est public good and the least private injury; and .i (c) whether the properties sought to be acquired (which are described herein) project, are necessary for the NOW, THEREFORE, the City Council of the City of Newport Beach does hereby resolve and find as follows: 1. That the City Council, pursuant to Government Code Sections 40404, 37350, 37350.5, 39792 and 54341 and Code of Civil Procedure Sections 1240.010, 1240.110, 1240.120, 1240.320, 1240.330, 1240.350, 1240.410, 1240.420, 1240.510 and 1240.610, is empowered to condemn any property necessary to fulfill and carry out the duties of the City. The City Council finds that the acquisition of the herein described properties is necessary to carry out the duties of the City by drilling for and producing oil from the City -owned submerged tideland areas within the City of Newport Beach, which submerged tidelands were conveyed in trust to the City by the State of California pursuant to Chapter 74, Statutes 1978. 2. That the City Council of the City of Newport Beach hereby finds and determines that the public interest and neces- sity require for public use the acquisition of the real proper- ties herein described. The City Council further finds that the public interest and necessity require the proposed project which consists of the acquisition, construction, operation and main- tenance by the City, of certain public improvements, to wit: slant - drilled wells and casings for the production of oil and gas from the City's submerged tidelands trust areas. 3. That the properties described herein are located within the City and are necessary for the proposed project, that 2 the public interest requires the proposed project and that the project is located in a manner most compatible with the greatest Aghk public good and the least private injury. A description of the general location and extent of the properties to be taken with sufficient details for reasonable identification, together with the specific description of each parcel, are set forth in Exhibit "A" attached hereto and by this reference incorporated herein as though set forth at length. 4. That the interests to be acquired in the real prop- erty are described in the description of each parcel set forth in Exhibit "A." 0 5. In the event negotiations for the purchase of the properties described in Exhibit "A" are unsuccessful, the law firm of Rutan & Tucker and /or Homer L. McCormick, Jr., Attorney at Law, special counsel for the City of Newport Beach, and /or Hugh R. Coffin, City Attorney for the City of Newport Beach, are hereby directed to bring action in the Superior Court of the State of California in the name of the City of Newport Beach, to condemn, by eminent domain proceedings, these properties. These attorneys are authorized and, upon instruction by the City Council, shall make an application to the above - entitled court for an order fixing the amount of security by way of money deposits as the court may direct and for an order permitting the City to take immediate possession and use of the herein described real properties for the uses and purposes described herein. 6. The law firm of Rutan & Tucker and /or Homer L. McCormick, Jr., Attorney at Law, and /or the City Attorney or the City of Newport Beach are hereby empowered to incur, in the name of the City of Newport Beach, all expenses and obligations inci- dental to the purposes of bringing and litigating such action. 3 y .0 ADOPTED this 8th day of December , 1980. ATTEST: City Clerk 4 HRC /kv 120480 J 4 HRC /kv 120480