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HomeMy WebLinkAboutF-10d - Right-Of-Way Acquisition for the Widening of Coast Highway from Jamboree Road through Bayside DriveFebruary 22, 1988 B3 AE CITY COUNGILCITY COUNCIL AGENDA CITY OF NEWPORT CEACATEM NO. F-10 d FEB 2 2 1988 TO: CITY COUNCIL C/ 07t 2 FROM: Public Works Department SUBJECT: RIGHT-OF-WAY ACQUISITION FOR THE WIDENING OF COAST HIGHWAY FROM JAMBOREE ROAD THROUGH BAYSIDE DRIVE RECOMMENDATIONS: 1. Authorize the notification of impacted property owners that the City will hold a public hearing to consider the adoption of a Resolution of Necessity to acquire certain real property needed for the widening of Pacific Coast Highway. 2. Set a public hearing date for 7:30 p.m., Monday, March 28, 1988, to consider the adoption of a Resolution of Necessity to acquire real property in the vicinity of the northerly side of Pacific Coast Highway, east and west of Bayside Drive. DISCUSSION: The second phase of the Coast Highway Widening Project requires the acquisition of property rights from the DeAnza Corporation and 26 mobile homes in the DeAnza Bayside Village Mobile Home Park. The underlying property is owned by the Irvine Company and has been dedicated to the City. The mobile homes have been appraised. Offers have been made to each owner to purchase their property at the appraised fair market value. The mobile home owners have also been offered relocation assistance to help find replace- ment housing. 22 of the 26 mobile homes have been purchased. 4 mobile home owners have not accepted the City's offer. Negotiations have been going on since last August. The DeAnza Corporation holds the long term lease for the mobile home park and the boat storage area westerly of Bayside Drive. The leasehold interests have been appraised and an offer was made to purchase these interests on February 3, 1988. Negotiations are in progress. To meet a construction start date of October, 1988, it is necessary to complete right-of-way acquisition and take possession in July. Federal and State regulations require a 90 day notice to vacate the property. Backing this 90 day time period up, the City needs to acquire the property in April. To make certain the April date can be met it is necessary to begin eminent domain pro- ceedings to acquire the remaining mobile homes and the DeAnza leasehold interests. The first step is to authorize the notification of the affected pro- perty owners that the City will hold a public hearing to consider a Resolution of Necessity to Condemn Real Property. A public hearing is then set approxima- tely 30 days later. At the public hearing, after taking testimony from the affected owners, the City council must be able to make the following findings: (1) that public interest and necessity require the proposed project; (2) that the proposed project is planned or located in the manner that will be most com- patible with the greatest public good and least private injury; (3) that the property sought to be acquired is necessary for the project; and (4) that an offer of just compensation has been made to those having an interest in said property. If the findings are made and the Resolution of Necessity is adopted by a 2/3 vote (5 of 7), then the City's Council would file an eminent domain action with the court and request possession of the property. The City must deposit with the court at the time the action is filed, the full appraised fair market value of the property. The affected property owner may withdraw the appraised value without affecting the outcome of the eminent domain action. It is recommended that the staff be authorized to notify the owners that would be impacted by the Resolution of Necessity and that a public hearing be scheduled for 7:30 p.m., Monday, March 28, 1988 at the regular City Council meeting. Benjamin B. Nolan Public Works Director BBN:dw