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HomeMy WebLinkAbout9940 - Condemnation of Ceratin Properties• RESOLUTION NO. 9940 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN PROPERTIES AND DECLARING THE PUBLIC NECESSITY THEREFOR WHEREAS, the City of Newport Beach is authorized by virtue of the statutes of the State of California to take properties 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, 1240.050, 1240.110, 1240.120, 1240.125, 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 real and personal property by condemnation for oil drilling, pumping, pass- through, storage 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 1240.235; and WHEREAS, a public hearing was held by the City Council of the City of Newport Beach on December 22, 1980, at which 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 3 • greatest public good and the least private injury; and k (c) Whether the properties; sought to be acquired (which are described herein) are necessary for the project, NOW, THEREFORE, the City Council of the City of Newport Beach does hereby resolve and find as follows: Section 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, 1240.050, 1240.110, 1240.120, 1240.125, 1240.320, 1240.330, 1240.350, 1240.410, 1240.420, 1240.510 and 1240.610 is empowered to condemn any real and personal property necessary to fulfill and carry out the duties of the City. The City Council finds that the acquisi- tion of the herein described properties is necessary to carry out the duties of the City by drilling for, pumping, producing, storing and transporting oil from the City -owned submerged tideland areas adjacent to the City of Newport Beach, which submerged tidelands were conveyed in trust to the City by the State of California pursuant to Chapter 74 of the Statutes of 1978. Section 2. That the City Council of the City of Newport Beach hereby finds and determines that the public interest and • necessity require for public use the acquisition of the 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, pumping units, tanks, drill sites, oil • transmission pipelines, and casings for the production of oil and gas from the City's submerged tidelands trust areas. Section 3. That the properties described herein are located partly within the City of Newport Beach and partly within the unincorporated area of the County of Orange and are necessary for the proposed project, that the public interest requires the proposed project, and that the project is located in a manner most compatible with the greatest 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 foth at length. Section 4. That the interests to be acquired in the real property are described in the description of each parcel set forth in Exhibit "A." Section 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 proper- ties. 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 3 • City to take immediate possession and use of the herein described real and personal properties for the! uses and purposes described herein. Section 6. The law firm of` Rutan & Tucker and /or Homer L. McCormick, Jr., Attorney at Law, and /or Hugh R. Coffin, the City Attorney for the City of Newport Beach, are hereby empowered to incur, in the name of the City of`. Newport Beach, all expenses and obligations incidental to the purposes of bringing and litigating such action. ADOPTED this 22nd day of December, 1980. ATTEST: �O City Clerk • 4 HRC /kV 122280