HomeMy WebLinkAbout9932 - Condemnation of Real PropertiesRESOLUTION NO.. 9932
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
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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
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(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
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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."
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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.
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ADOPTED this 8th day of December , 1980.
ATTEST:
City Clerk
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