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HomeMy WebLinkAboutD-3 - Right-Of-Way Acquisition for Widening Coast Highway from jamboree Road through Bayside Drive( 77 ) March 28, 1988 BY THE CITY COUNCILCITY COUNCIL AGENDA CITY OF NEWPORT BEACHf EM NO. D-3 TO: CITY COUNCIL FROM: Public Works Department SUBJECT: RIGHT-OF-WAY ACQUISITION FOR WIDENING COAST HIGHWAY FROM JAMBOREE ROAD THROUGH BAYSIDE DRIVE RECOMMENDATION: 1. Hold hearing, close hearing; 2. 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 compatible 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. 3. Adopt a Resolution of Necessity to condemn the described property for purposes of widening Coast Highway from Jamboree Road through Bayside Drive. 4. Direct staff to proceed to file eminent domain action with the court, including retention of outside counsel for the proceedings. DISCUSSION: Right-of-way negotiations for the Coast Highway widening project from Jamboree Road through Bayside Drive (Phase II) have been under way since the summer of 1987. There are three principal elements of the right-of-way needed for the project: (1) underlying ownership by the Irvine Company, (2) master leasehold interest in DeAnza Bayside Village by DeAnza Assets Corporation, and (3) mobile home sub -leases held by the individual mobile home owners. The Irvine Company's underlying ownership interest was conveyed to the City at no cost, with acceptance by the Council on February 8, 1988. An offer to purchase the DeAnza Assets master leasehold interest was made on February 4, 1988. DeAnza has not accepted the City's offer to date. Twenty-two (22) of the twenty-five (25) mobile homes have been acquired. Three (3) mobile home owners have not accepted the City's offer to date. To meet a proposed construction start in October, 1988, it is time to consider the commencement of eminent domain proceedings. This Public Hearing has been set to receive testimony from affected property owners or their designated representatives concerning the following four (4) findings that the City Council must make before adopting a Resolution of Necessity to condemn property. 1of5 (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 compatible 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. Listed below are the necessary findings, together with the justification for each: 1. THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE PROPOSED PROJECT. During 1983 and 1984 an Environmental Impact Statement (EIS) was prepared to evaluate the widening of Coast Highway between a point westerly of Bayside Drive and MarArthur Boulevard. Public hearings were held during the preparation of the document and, after a draft of the document was circulated; the EIS was approved by the City, Caltrans, and the Federal Highway Administration (FHWA). The document established that the project is needed because Coast Highway (SR-1) within Newport Beach is currently experiencing substan- tial traffic congestion, insufficient capacity, and high traffic accident rates. These conditions are expected to worsen significantly in the future. The purposes of the project are: a. to provide and facilitate improved vehicular circulation along Coast Highway (SR-1) in the City of Newport Beach for existing transpor- tation demands and planned residential, commer- cial, and industrial development which is either under construction or approved for development pursuant to the City of Newport Beach General Plan; b. to improve travel speeds and reduce traffic accident rates along Coast Highway (SR-1); c. to provide improved facilities for public transportation and alternative modes of travel (i.e. bus, bicycle, pedestrian); and 2 of 5 d. to implement a portion of the planned cir- culation system of the City of Newport Beach and County of Orange. 2. THAT THE PROPOSED PROJECT IS PLANNED OR LOCATED IN THE MANNER THAT WILL BE MOST COMPATIBLE WITH THE GREATEST PUBLIC GOOD AND LEAST PRIVATE INJURY. The EIS reviewed and studied alternatives to the pro- ject which included widening on the north side (alternative chosen), widening on the south side, improved transit service, no project, widening on both sides about a central alignment, a coastal freeway, and light rail-HOV lanes -fixed guideway. After the comple- tion of the hearing process, widening on the north side of Coast Highway was chosen as the most acceptable alternative. 3. THAT THE PROPERTY SOUGHT TO BE ACQUIRED IS NECESSARY FOR THE PROJECT. Since the completion and certification of the EIS for the project, plans for the construction of the widening of Coast Highway from westerly of Bayside Drive to easterly of Jamboree Road have been prepared, and are in the final stages of review. These plans have established the right-of-way needed for actual roadway construction, slope construction, temporary construc- tion easements, and area needed to provide for the restoration of mobile home park facilities. After sending out notices for the hearing, the staff made an additional review of the plans and of the files for the affected parcels to reaffirm the need for acquisition. Correspondence from the owner's representative for mobile home Space No. 332 indicated that it would be an extreme hardship for the owner to move, especially if she had to move out of DeAnza Village. This is the last space on the easterly end that was to be acquired. By re -designing a proposed parking area and moving the proposed location for the relocated laundry facility, Space No. 332 can be retained; and it will not be necessary to acquire Space No. 332. Plans and property descriptions have been modified to delete Space No. 332 from the take area. The other three (3) mobile home sites and parcels indicated to be acquired are needed for this project. The parcels and mobile home sites indicated to be acquired all are in the right-of-way needed for the project as described above. 3of5 4. THAT AN OFFER OF JUST COMPENSATION HAS BEEN MADE TO THOSE HAVING AN INTEREST IN SAID PROPERTY. To make this finding it is not necessary to determine if the offer made by the City's representative is just compensation, that determination will be made by the courts. It is only necessary to determine if each owner has been contacted and that an offer to purchase the property at the appraised fair market value has been made. Attached are copies of letters that were delivered to the following property owners: . 1. DeAnza Assets 2. Sharon A. Stockley - Mobile Home Space No. 219 3. Maria V. Zerilli - Mobile Home Space No. 229 4. Gerald E. Lester - Mobile Home Space No. 235 The amount of the offers was determined by a pro- fessional MAI appraiser, and was the full amount that the appraiser determined as the fair market value of the property to be acquired. The reason for the need to begin eminent domain proceedings at this time is to allow sufficient time for notices to vacate property to be served; and time for the occupants to find suitable replacement housing. To meet a construction start date of October, 1988, the following schedule is needed: File Eminent Domain Action Order for Possession Issued Owners & Occupants Given 90 Day Notice to Vacate Property Vacated Right -of -Way Certified Plans Approved & Bidding Authorized Contract Awarded March 30, 1988 April 5, 1988 April 6, 1988 July 6, 1988 July 15, 1988 August 8, 1988 September 26,1988 4 of 5 An October construction start date allows the major construction items to be completed before the peak summer traffic periods of 1989. After receiving testimony concerning the four (4) required findings, for the project to proceed the City Council needs to support the findings by a 2/3 vote (5 of 7), and must adopt a Resolution of Necessity by a 2/3 vote (5 of 7). The staff recommends that outside counsel be retained to file the emi- nent domain action and handle the necessary court proceedings. A copy of a sketch showing the parcel locations and mobile home sites is attached for reference. Benjamin B. Nolan Public Works Director BBN:dw Attachments 5 of 5 k n 171 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (714) 644-3311 June 16, 1987 Maria Zerilli 300 East Coast Highway #229 Newport Beach, CA 92660-6104 Project: COAST HIGHWAY IMPROVEMENT PROJECT Parcel No.: NPB-001-229 Dear Owner: The City of Newport Beach intends to acquire the property upon which your mobile home is located. Therefore it has been determined necessary that the City offer to acquire your individual unit. The City of Newport Beach hereby makes an offer to acquire your mobile home located at 300 East Coast highway #229, Newport Beach, California, for the sum of: $17,000.00 MOBILE HOME (INCLUDING SITE IMPROVEMENTS) The City's offer is the full amount determined to be just compensation for the property. The basis for that determination is explained in the attached Appraisal Summary Statement. It is the City's hope that this price is agreeable to you and that the acquisition can begin immediately. A representative of John Cutler & Associates, the City's Acquisition Agent, will work with you in the acquisition of your property and answer any questions you have regarding this letter and Appraisal Summary Statement. The Acquisition Agent can be contacted at (213) 427-2333 (collect). In order to establish your eligibility or the eligibility of those occupying your property for relocation purposes, it is requested that you acknowledge receipt of the City's offer by signing a copy of this letter and returning same to this office. Your signature on the copy does not signify acceptance of the offer to acquire by the City, it only acknowledges receipt of the City's offer. Your cooperation in this matter will be greatly appreciated. Sincerely, /!�� ll� Horst Hlawaty Project Engineer H1I : JMC : tsw OFFER RECE�. ED BY: DATE Receipt of Offer'Does Not Constitute Acceptance 7 3300 Newport Boulevard, Newport Beach 4 ' APPRAISAL SUNIWu Y STATI M 14T PROJECT: COAST HIGHWAY IMPRCVEMENr PROJECT PARC2, RLFITRENCE: NPB-001-229 DATE: JuYr3 16, 1987 OWNEII: MARIA ZERILLI ?ONI[G: PC TOTAL SPACE AREA: 2, 070 SQ. FT. PRESENT' USE: RESIDENTIAL MOBILE HOME IMPROVEMENT'S: SEE. ATTACHED DESCRIPTION This approved offer is presented in settlement of the acquisition of your mobile home, (including site improvements) (hereinafter referred as "property") as follows: SEVENTEEN THOUSAND AND N0/100 ............................. DOLLARS ($17 , 000.00 ) The market value of the property being purchascd is based upon an inspection of the property and consideration of an appraisal prepared by an independent firm in accordance with accepted appraisal procedures. Valuation of you property is based upon an analysis of recent sales of comparable sites and sindlar properties in this locality with consideration to its highest and best use. Where applicable, the potential fair rental for your property has been considered by the appraiser. Current construction costs have been considered in estimating the depreciated present value for any improvements on the property. The offer is the full amount believed by the City of Newport Beach to be just compensation for your property interest. It is not less than the City's approved appraisal of the Fair Market Value of the property. Any decrease or increase in the Fair Market Value of the property. Any decrease or increase in tl-y-, fiu.ir Market Value of the real property to be acquired prior to the date of valuation causcd by the public improvement or project for which the property .is to be acquired, or by the likelihood that the property would be acquired for such improvement or project, other than that due to physical deterioration within the reasonable control of the cwner, has been disregarded by the City and its appraisers in making the-ir determination of the Fair Market Vale.:: of such property. FAIR MARKET VALUE, as u:ed in the appraisal is ".....the highest price on the date of valuation that would be agreed by a seller, being willing to sell but urJer no particular or urgent necessity for so doing, or obligated to sell, and a buyer, being ready, willing zuU able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available." (Section 1263.320 Cede of Civil Procedure). The determination of just compensation does not reflect any consideration of or allowance for any relocation assistance and payments to which the owner or tenant is entitled to receive under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 or of the City's agreement to pay certain settic-inent costs. EXHIBIT "A" OWNER: MARIA ZERILLI PARCEL NO: NPB-001-229 ITEM: MOBILE HOME DESCRIPTION MAKE: BEL AIRE MODEL: DOUBLE WIDE YEAR aJILT: 1965 SIZE: ±10' X 46' PLUS ±10' X 321; ±780 S/F TOTAL; 2 BEDROOMS; 1 BATH LICENSE NO,: FB 1246 AND FB1247 COACH SERIAL NUMBER: S2494XXU AND 52494XX OTHER IMPRCJVEMENPS: FRONT PORCH, CARPORT, STORAGE SHEDS (2), LANDSCAPING, YARD/ PATIO i A r CITY OF NEWPORT BEACH PUBLIC WORKS DEPAR"1'MENT P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (714)644-3311 June 16, 1987 Sharon Stockley 300 East Coast Highway #219 Newport Beach, CA 92660-6114 Project: COAST HIGHWAY IMPROVEMENT PROJECT Parcel No.: NPB-001-219 Dear Owner: The City of Newport Beach intends to acquire the property upon which your mobile home is located. Therefore it has been determined necessary that the City offer to acquire your individual unit. The City of Newport Beach hereby makes an offer to acquire your mobile home located at 300 East Coast Highway #219, Newport Beach, California, for the sum of: $13,500.00 MOBILE HOME (INCLUDING SITE IMPROVEMENTS) The City's offer is the full amount determined to be just compensation for the property. The basis for that determination is explained in the attached Appraisal Summary Statement. It is the City's hope that this price is agreeable to you and that the acquisition can begin immediately. A representative of John Cutler & Associates, the City's Acquisition Agent, will work with you in the acquisition of your property and answer any questions you have regarding this letter and Appraisal Summary Statement. The Acquisition Agent can be contacted at (213) 427-2333 (collect). In order to establish your eligibility or the eligibility of those occupying your property for relocation purposes, it is requested that you acknowledge receipt of the City's offer by signing a copy of this letter and returning same to this office. Your signature on the copy does not signify acceptance of the offer to acquire by the City, it only acknowledges receipt of the City's offer, Your cooperation in this matter will be greatly appreciated. Sincerely, ice,-- /.&Z-V Ilorst Hlawaty Project Enginee-r I111:JMC: tsw OFFER RECEIVED BY DATE:. a - 9 Receipt of ( er Does Not Constitute Acceptance 3300 Newport Boulevard, Newport Beach I 6, APPRAISAL, S U1dMARY STATL2v1ENT WECT: COAST' 11IG119A.Y IMPR01TLb1t 1\1r PI: aJlr ' PARCL'L 11 FUd-;NCE: NPB-001-001-219 DATE: Juts 16, 1987 OtrNM. SHARON STOCKLEY _ PROA.-IEEUY ADDRESS: 300 EAST COAST HIGHWAY, #219, NEWPORT BEACH, CA 92660-6114 ZONING: PC TOTAL SPACE AREA: 1,820 SQ. FT. PRESENT USE: RESIDENTIAL MOBILE HOME I MPROVDIENTS : This approved mobile hone, as follows: SEE A'ITACHf-D DESCRIP'ITtON offer is presented in settlement of the acquisition of your (including site improvements) (hereinafter referred as "property") THIRTEEN THOUSAND FIVE HUNDRED AND NO/100...................DOLLARS ($13,500.00) The market value of the property being purchased is based upon an inspection of Lfie property and consideration of an appraise prepared by an independent firin in accordance with accepted appraisal procedures. Valuation of you property is Lased upon an analysis of recent sales of comparable sites and similar properties in this locality with consideration to its highest and best use. Wriere applicable, the potential fair rental for your property has been considered by the appraiser. Current construction costs have been considered in estimating the depreciated present value for any improvements on the pro�erty. I1ie offer is the full amount believed by the City of Newport Beach to be just compensation for your property interest. It is not less than the City's approved appraisal of the Fair Market Value of the property. Any decrease or increase in the Fair Market Value of the property. Any decrease or increase in the Fair Market Value of tl-,e real property to be acquired prior to the date (A valuation caused by the public iriprovEinent or project for which the property is to be acquired, or by the likelihood that the property would be acquiral for such improvement or project, other t},an that due to physical deterioration within the reasonable control of the owner, has been disregarded by the City and its appraisers in making their determination of the Fair Market Value of such property. PAIR MARKET VALUE, as used in the appraisal is ".....the highest price on the date of valuation that would be agreed by a seller, being willing to sell but under no particular or urgent necessity for so doing, or obligated to sell, and a buyer, being ready, willing cu-d able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the u-,es and purposes for which the property is reasonably adaptable and available." (Section 1263.320 Code of Civil Procedure). The determination of just compensation does not reflect any consideration of or allowance for any relocation assistance and payments to which the owner or - tenant is entitled to receive wider Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 or of the City's agreeinent to pay curtain settlement costs. to OWN Ell : PARCEL NO: ITEM: DESCRIPTION MAKE: MODEL: YEAR BUILT: SIZE: LICENSE NO.: CCAa I SERIAL NUMBER: OITIIR IMPROJE14ENTS: 0 EXHIBIT "A" SHARON STOCKLEY NPB-001-219 MOBILE HOME ANDERSON SINGLE -WIDE EXPANDO 1961 ±10' X 48' + IRREGULARLY SHAPED EXPANDOS; ±542 S/F; ONE BEDROOM; ONE BATH CT7481 07615717 FRONT PORCH, CARPORT, STORAGE SIiEDS (2), LANDSCAPING, FENCING, PATIO Gerald Lester 300 East Coast Newport Beach, 0 CITY OF NEWPOR T BEACH. PUBLIC WORKS DEPARTMENT P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (714)644-3311 Highway #235 CA 92660-6120 June 16, 1987 Project: COAST HIGHWAY IMPROVEMENT PROJECT Parcel No.: NPB-001-235 Dear Owner: The City of Newport Beach intends to acquire the property upon which your mobile home is located. Therefore it has been determined necessary that the City offer to acquire your individual unit. The City of Newport Beach hereby makes an offer to acquire your mobile home located at 300 East Coast Highway #235, Newport Beach, California, for the sum of: $23,000.00 MOBILE HOME (INCLUDING SITE IMPROVEMENTS) The City's offer is the full amount determined to be just compensation for the property. The basis for that determination is explained in the attached Appraisal Summary E_atement. It is the City's hope that this price is agreeable to you and that the acquisition can begin immediately. A representative of John Cutler & Associates, the City's Acquisition Agent, will work with you in the acquisition of your property and answer any questions you have regarding this letter and Appraisal Summary Statement. The Acquisition Agent can be contacted at (213) 427-2333 (collect). In order to establi,h your eligibility or the eligibility of those occupying your property for relocation purposes, it is requested that you acknowledge receipt of. the City's offer by signing a copy of this letter and returning same to this office. Your signature on the copy does not signify acceptance of the offer to acquire by the City, it only acknowledges receipt of the City's offer. Your cooperation in this matter will be greatly appreciated. Sincerely, //,,1aw�.a-,J4 Horst 11aty Project Engineer I IH : JMC : t sw OFFER RECEIVEDD BY: '1/rl �i.EC—XL DATE • 4- • Z,% 5ef Receipt of Offer Does Not Constitute Acceptance 3300 Newport Boulevard, Newport Beach n APPRAISAL SU1,1ngRY STATEMENT ECT: COAST HI054AY IMPROJLMENl' PROJEC1' PARCEL REFERL:NCE: NPB-001-235 DATE: Juice 16, 1987 OWNER: GERALD LESTER PROPM`Y ADDRESS:_ 300 EAST COAST HIGHWAY, #235, NEWPORT BEACH, CA 92660-6120 ZONING: PC PRESENT USE: IMPROJEMENrS: This approved mobile hone, as follows: TCffAL SPACE AREA: 2,267 SQ. FT. R=DairIAL MOBILE HOME SEE ATTACHED DESCRIPTION offer is presented in settlement of the acquisition of your (including site improvements) (hereinafter referred as "property") TWENTY THREE THOUSAND AND N01100...........................DOLLARS ($23,000.00) The market value of the property being purchased is based upon an inspection of the property and consideration of an appraisal prepared by an independent firm in accordance with accepted appraisal procedures. Valuation of you property is based upon an analysis of recent sales of comparable sites and similar properties in this locality with consideration to its highest and best use. Where applicable, the potential fair rental for your property has been considered by the appraiser. Current construction costs have been considered in estimating the depreciated present value for any improvements on the property. The offer is the full amount believed by the City of Newport Beach to be just comper--ation for your property interest. It is not less than the City's approved appraisal of the Fair Market Value of the property. Any decrease or increase in the Fair Market Value of the property. Any decrease or increase in the Fair Market Value of the real property to be acquired prior to the date of valuation caused by the public improvement or project for which the property is to be acquired, or by the likelihood that the property would be acquired fcr such improvernerit or project, other than that due to physical deterioration within the reasonable control of the owner, has been disregarded by the City and its appraisers in making their determination of the Fair Market Value of such property. 1'AIR MARKET VALUE, as used in the appraisal is ".....the highest price on the date of valuation that would he agreed by a seller, being willing to sell but under no particular or urgent necessity for so doing, or obligatW to sell, and a buyer, being re ►dy, willing and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available." (Section 1263.320 Code of Civil Procedure). The det.-xndnation of just compensation does not reflect any consideration of or allowance for any relocation assistance and payments to which the owner or tenant is entitled to receive under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 or of the City's agreement to pay certain settlement costs. 13 OWNIN : PARCEL NO: ITEM: DESCRIPTION MAIa : MODEL: YEAR BUILT: SIZE: LICINSE NO.: i® EXHIBIT "A" GERALD LESTER NPB-001-235 MOBILE I-IOMC ro BROADMORE DOUBLE -WIDE 1965 ±20' X 54'; ±1,040 S/F; 2 BEDROOMS; 2 BATHS AR6934 AND AR6935 COACH SM IAL NUMBER: AB5BBS0255XX AND AB5BBS0255XXU OTHM IMPROVEMENTS: FRONT PORCH, CARPORT, STORAGE SHEDS (2), LANDSCAPING, FENCING, ly El CITY OF NEWPORT BEACH . PUBLIC WORKS DEPARTMENT P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (714) 644-331 1 January 28, 1988 De Anza Newport Mobile Estates Newport Back Bay Realty Company 9171 Wilshire Boulevard Beverly Hills, CA 90210 Regarding: Coast Highway Improvement Project Your interests as Lessee and Sub Lessee Parcels 2, 6, 8 and 10 Dear Property Owner: The property in which you have a leasehold interest and which is referenced above, is located within the Coast Highway Improvement Project Area. The City has acquired the underlying interest and seeks to acquire your interest in said property. The City of Newport Beach hereby makes an offer to acquire your interest in Parcels 2, 6, 8 and 10 for the sum of $881,370.00. The City's offer is the full amount determined to be Just Compensation for the property interest. The basis for that determination is explained in the attached Appraisal Summary Statement. It is the City's hope that this price is agreeable to you and that the acquisition can begin immediately. John Cutler & Associates, the City's Acquisition Agent, will work with you in the acquisition of your property interest and answer any questions you have regarding this letter and Appraisal Summary Statement. The Acquisition Agent can be contacted at (213) 427-2333 (collect). It is requested that you acknowledge receipt of the City's offer by signing a copy of this letter and returning same to this office. Your signature on the copy does not signify acceptance of the offer to settle the acquisition by the City, it only acknowledges receipt of the City's offer. Your cooperation in this matter will be greatly appreciated. Sincerely, OFFER RVEIVED /,� O / /,�Gu/� Horst Hlawaty DATE: Project Engineer Receipt of Offer Does Not Constitute Acceptance DW:JMS:slc 3300 Newport Boulevard, Newport Beach 15'•- * SUMMARY STATEMENT E] PROJECT: COAST HIGHWAY IMPROVEMENT PROJECT PARCEL REFERENCE: PARCELS 2,6,8 AND 10 DATE: JANUARY 28, 1988 LESSEE/SUBLESSEE: DeANZA NEWPORT MOBILE ESTATES, NEWPORT BACK BAY REALTY CO. PROPERTY ADDRESS: 300 E. COAST HIGHWAY, NEWPORT BEACH, CA LEGAL DESCRIPTION: SEE EXHIBIT ATTACHED ZONING: PC TOTAL AREA: 122,353 SQ. FT. TOTAL TAKE: 122,353 PRESENT USE: MOBILE HOME PARK IMPROVEMENTS: PAVING, STORAGE AND SERVICE STRUCTURES This approved offer is presented in full settlement of the acquisition of your real property interests including improvements as follows: EIGHT HUNDRED EIGHTY ONE THOUSAND THREE HUNDRED SEVENTY AND NO/100...... DOLLARS ($881,370.00) The valuation of your property is based upon an analysis of recent sales of comparable sites and similar properties in this locality with consideration to its highest and best use. Where applicable, the potential fair rental for your property has been considered in the analysis. Current construction costs have been considered in estimating the depreciated present value for any improvements on the property. The offer is the full amount believed by the City of Newport Beach to be just compensation for your property interest. Any decrease or increase in the Fair Market Value of the real property to be acquired prior to the date of valuation caused by the public improvement or project for which the property is to be acquired, or by the likelihood that the property would be acquired for such improvement or project, other than that due to physical deterioration within reasonable control of the owner, has been disregarded by the City in making their determination of the fair market value of such property. FAIR MARKET VALUE, as used in the valuation is ".... the highest price on the date of valuation that would be agreed by a seller, being willing to sell but under no particular or urgent necessity for so doing, or obligated to sell, and a buyer, being ready, willing and able to buy but under particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available." (Section 1263.320 Code of Civil Procedure). Determination of just compensation does not reflect any consideration of or allowance for any relocation assistance and payments to which the owner or tenant is entitled to receive under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 or the City's agreement to pay certain settlement costs. 16 r] Parcel #2, as described in the State of California, Departni`nt of Transportation Right of Way Map Portion P2 -3885, sheet 3 of 3. Those portions of Blocks 54 and 94 of Irvine's supalvisiuii as shown on the map recorded in Book 1, Page 88 of Miscel- laneous Record Maps, in the Office of the County Recorder of Orange County, described as follows: Commencing at the southeast corner of the land described as Parcel 2 in the easement deed recorded in Book 4017, Page 298 of Official Records of said County, said point being the True Point of Beginning; thence N46'201421114 along the easterly line of said parcel, 38.13 feet; thence 1410"02129"E, 20.42 feet; thence S36"58143"E, 19.98 feet to a point on a non -tangent curve concave southwesterly with a radius of 1081.00 feet, the radial to said point bears S05"59153"W; thence southeasterly along said curve through a central angle of 0103913911, an arc distance of 31.34 feet; thence N53"07100"E, 12.78 feet; thence S81'1611L"E, 22.55 feet; thence S35"39122"E, 12.78 feet to a point on a non - tangent curve concave southwesterly with a radius of 1081.00 feet, the radial to said point bears S09"4810511W; thence s utheasterly along said curve through a central angle of 06"08110", an arc distance of 115.77 feet to a point on a tangent curve with a radius of 1995.95 feet, the radial to said point of compound curvature bears S15"56'15"td; thence southeasterly along said curve through a central angle of 2"5811011, an arc distance of 103.44 feet; thence N64"09159"E, 8.51 feet; thence S70'21143"E, 39.00 feet; thence S24"53126"E, 8.51 feet to a point on a non -tangent curve concave southwesterly with a radius of 1995.95 feet, the radial to said point bears S20022109"W; thence south- easterly along said curve t-`�rough a central angle of 06-0114811, an arc distance of 210.06 feet; thence. 1471°39131"E, 8.51 feet; thence S62"52111"E, 39.00 feet; thence S17"23154"E, 8.51 feet to a point on a non -tangent curve concave southwesterly with a radius of 1995.95 feet, the radial to said point bears S27°51141"W; thence south- easterly along said curve through a central angle of 03"3412011, an arc distance of 124.44 feet; thence N76"41135"E, 8.51 feet; thence S57°50107"E, 39.00 feet; thence S12"21150"E, 8.51 feet to a point on a non -tangent curve concave southwesterly with a radius of 1995.95 feet, the radial to said point bears S32'53'45"W; thence south- easterly along said curve through a central angle of 08"0513311, an arc distance of 281.90 feet; thence S49"00143"E, 282.50 feet; thence S22'291401'E, 80.63..feet; thence N49"00143"W, 332.67 feet to a point on a tangent curve concave southwesterly with a radius of 2050.00 feet; thence northwesterly along said curve through a central angle of 29"12113", an arc distance of 1044.88 feet .to the True Point of Beginning. Containing 1.19 Acres more or less. EXHIBIT "A" n Parcel #6, as described in the State of California, Department of Transportation bight of Way Map Portion P2 -3885, slieet 3 of 3. `Whose portions of Blocks 54� and 94 of Irvine's subdivision as shown on the map recorded in Book 1, Page 88 of Miscel- laneous Record Maps, in the Office of the County Recorder of Orange County, described as follows: Commencing at the southeast corner of the land described as Parcel 2 in the easement deed recorded in Book 4017, Page 298 of Official Records of said County; thence 1446a2014211W along the easterly line of said parcel, 38.13 feet; thence N10"02129"E, 20.42 feet to the True Point of Beginning; thence S36058143"E, 19.98 feet to a point on a non -tangent curve concave southwesterly with a radius of 1081.00 feet, the radial to said point bears S05°59153"W; thence southeasterly along said curve through a central angle of 01"3913911, an arc distance of 31.34 feet; thence N53"07100"E, 12.78 feet; thence S81'16'11"E,:22..55 feet; thence S35"39122"E, 12.78 feet to a point on a non -tangent curve concave southwesterly with a radius of 1081.00 feet, the radial to said point bears S09`48105"W; thence southeasterly along said curve through a central angle of 06"08110", an arc distance of 11.5.77 feet to a point on a. tangent curve with a radius of 1995.95 feet, the radial to said point of compound curvature bears S15"56115"14; thence southeasterly along said curve through a central angle of 2"58110", an arc distance of 103.44 feet; thence 1164"09159"E, 8.51 feet; thence S70"21143"E, 39.00 feet; thence S24"5312611E, 8.51 feet to a point on a non -tangent curve concave southwesterly with a radius of 1995.95-feet, the radial to said point bears S20°22'09111q; thence south- easterly along said curve through a central angle of 06"0114811, an arc distance of 210.06 feet; thence 1471"39131"E, 8.51 feet; thence S62"52'11"E, 39.00 feet; thence S17"23'54"E, 8.51 feet to a point on a non -tangent curve concave southwesterly with a radius of 1995.95 feet, the radial to said point bears S27051141"W; thence south- easterly along said curve through a central angle of 0313412011, an arc distance of 124.44 feet; thence N76"A113511E, 8.51 feet; thence S57"50107"E, 39.00 feet; thence S12"21'50"E, 8.51 feet to a point on a non -tangent curve concave southwesterly with a radius of 1995.95 feet, the radial to said point bears S32"53145"W; thence south- easterly along said curve through a central angle of 05"2812511, an arc distance of 190.67 feet; thence 1g37"52146"E, 20.45 feet to a point on a non-tangent.,curve concave southwesterly with a radius of 14.58.24 feet, the radial to said point bears 1439"16'07"E; thence northwesterly along said curve through a central angle of 12"2013211, an arc distance of 314.12 feet to a point of a non -tangent curve concave southwesterly with a radius of 1935.60 feet, a radial to said point bears S3002612911W; thence northwesterly along said curve through a central angle of 12'57135" an arc EXHIBIT "A" E r] VJ distance of 437.83 feet; thence S17'28155"W, 10.20 feet; thence N74"47'3111W, 240.64'feet; thence S10"02'29"W, 12.41 feet to the- True Point of Beginning. Contain 0.39 Acres more or less. -,. n n Parcel //8, as described in the State of California, Department of Transportation Right of Vlay Map Portion P2 --3885, sl-iec�t 3 of 3. That portion of Block 54 of Irvine's Subdivision, as shown on the map recorded in Book 1, Page 88 of Miscellaneous IYlaps, in the Office of the County Recorder of orange County, described as follows: Commencing at the easterly terminus of that line described as 1461°36141"W 602.82 feet of the Adjudicated Line recorded as S.C. 20436; thence westerly along said line 602.13 feet to the True Point of Beginning; thence N22"29140"W 43.37 feet; thence N49°00143111q 292.98 feet to a point on a tangent curve concave southwesterly with a radius of 1458.24 feet; thence northwesterly along said curve through a central angle of 01143'1111, an arc distance of 43.77 feet.; thence S37°52146"W, 20.45 feet to a point on a curve concave southwesterly with a radius of 1995.95 feet, the radial to said point bears S38022109"W; thence southeasterly along said curve through a central angle of 02"37108", an arc distance of 91.23 feet; thence S49a001431E, 282.50 feet; thence I422"2914011W, 42.55 feet to the True Point of Beginning. Containing 0.16 Acres more or less. EXHIBIT "A" Parcel ff10, as described in the State of California, Department of Transportation Right of Way Map Portion P2-3885, sheet 3 of 3. Those portions of Blocks 54 and 94 of Irvine's subdivision as shown on the map recorded in Book 1, Page 88 of i•liscellaneous Record tdaps, in the Office of the County Recorder of Orange County, described as follows: Commencing at the southeast corner of the land described as Parcel 2 in the easement deed recorded in Book 4017, Page 298 of Official Records of said County; thence N46020142"W, 38.13 feet; thence N10"02'2911E, 32.83 feet; thence S74"47131"E, 59.69 feet to the True Point of Beginning; thence N15"1212911E, 20.37 feet; thence S74"47136"E, 133.94 feet; thence N14"06'44"E, 27.87 feet; thence S67'30'3611E, 451.18 feet; thence S3102410311E, 32.96 feet; thence S6000410611E, 67.93 feet; thence N67"24118"E, 56.38 feet; thence S22"26133"E, 72.31 feet; thence S55`571(17"E, 60.27 feet; thence N66"45'12"E, 50.96 feet; thence S23001134"E, 63.65 feet; thence N64"57151"E, 79.87 feet; thence S22"1612211E, 165.97 feet; thence N67"43138"E, 57.81 feet to a point on the adjudicated line describe in S.C. 20436 of official Records of said County; thence S22"29140"E along said adjudicated line, 177.31 feet; thence 1449"00143"W, 292.98 feet to a point on a curve concave southwesterly With a radius of 1458.24 feet; thence northwesterly along said curve through a central angle of 1,100314211, an arc distance of 357.89 feet to a point on a non -tangent curve concave southwesterly with z radius of 1935.68 feet, radial to said curve at this point bears N30"26129"E; thence northwesterly along said curve through a central angle of 12"5713511, an arc distance of 437.83 feet; thence S17"28155"4d, 1J.20 feet; thence N74147'31"W, 180.95 feet to the True Point of Beginning. Containing 1.03 Acres more or less. EXHIBIT "A" El 11 CITE' OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (714) 644-3311 January 29, 1988 De Anza Newport Mobile Estates Newport Back Bay Realty Company 9171 Wilshire Boulevard Beverly Hills, CA 90210 Regarding: Coast Highway Improvement Project Your interests as Lessee and Sub Lessee Parcel 1 Dear Property Owner: The property in which you have a leasehold interest and which is referenced above, is locat-.d within the Coast Highway Improvement Project Area. The City has acquired the underlying interest and seeks to acquire your interest in said property. The City of Newport Beach hereby makes an offer to acquire your interest in Parcel 1 for the sum of $3,170.00 The City's offer is the full amount determined to be Just Compensation for the property interest. The basis for that determination is explained in the attached Appraisal Summary Statement. It is the City's hope that this price is agreeable to you and that the acquisition can bF-in immediately. John Cutler & Associates, the City's Acquisition Agent, will work with you in the acquisition of your property interest and answer any questions you have regarding this letter and Appraisal Summary Statement. The Acquisition Agent can be contacted at (213) 427-2333 (collect). It is requested that you acknowledge receipt of the City's offer by signing a copy of this letter and returning same to this office. Your signature on the copy does not signify acceptance of the offer to settle the acquisition by the City, it only acknowledges receipt of the City's offer. Your cooperation in this matter will be greatly appreciated. OFFER R, EIVED • DATE • ,>% O •Receipt of Offer Does Not Constitute Acceptance Sincerely, //" / //,, -, �4 Horst Hlawaty Project Engineer DW:JMS:slc 3300 Newport Boulevard, Newport Beach 0 SUMMARY STATEMENT do PROJECT: COAST HIGHWAY IMPROVEhIENT PROJECT PARCEL REFERENCE: PARCEL 1 DATE: JANUARY 28, 1988 LESSEE/SUBLI'SSLE: DeANZA NEWPORT MOBILE ESTATES, NEWPORT BACK BAY REALTY, CO. 1'ROPL;R'IT AIA)RI-;SS: NORTH OF PACIFIC COAST HIGHWAY WEST OF BAYSIDE AV],INUE LEGAL DESCRIPTION: SEE EXHIBIT ATTACHED ZONING: RECREATIONAL AND MARINE COMMERCIAL TOTAL AREA: 2,882 SQ. FT. TOTAL TAKE: 2,882 PRESENT USE: DRY BOAT STORAGE IMPROVEMENTS: PAVING This approved offer is presented in full settlement of the acquisition of your real property interests including improvements as follows: THREE THOUSAND ONE HUNDRED SEVENTY AND N0/100...............DOLLARS ($3,170.00) The valuation of: your property is based upon an analysis of recent sales of comparable sites and similar properties in this locality with consideration to its highest and best use. Where applicable, the potential fair rental for your property has been considered in the analysis. Current construction costs have been considered in estimating the depreciated present value for any improvements on the property. The offer is the full amount believed by the City of Newport Beach to be just compensation for your property interest. Any decrease or increase in the Fair Market Value of the real property to be acquired prior to the date of valuation caused by the public improvement or project for which the property is to be acquired, or by the likelihood that the property would be acquired for such improvement or project, other than that due to physical deterioration within reasonable control of the owner, has been disregarded by the City in making their determination of the fair market value of such property. FAIR MARKET VALUE, as used in the valuation is ".... the highest price on the date of valuation that would be agreed by a seller, being willing to sell but under no particular or urgent necessity for so doing, or obligated to sell, and a buyer, being ready, willing and able to buy but under particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available." (Section 1263.320 Code of Civil Procedure). Determination of just compensation does not reflect any consideration of or allowance for any relocation assistance and payments to which the owner or tenant is entitled to receive under Title II of the Uniform Relocation Assistance and Real. Property Acquisition Policies Act of 1970 or the City's Ligreement to pay certain settlement costs. A or fF� Parcel fil, as described in the State of California, Department of Transportation Right of Way Map Portion P2-3885, sheet 3 of 3. That portion of Block 54 of Irvine's subdivision as shorn Oil the map recorded in Book 1, Page 88 of rliseellaneous Record Maps, in the Office of the County Recorder of Orange County, described as follows: Commencing at the southwest corner of the land described as Parcel 1 in the easement deed to County Sanitation District No. 5 of Orange County recorded in Book 7661, Page 741 of Official Records of said County, said point being the True Point of Beginning; thence N01°47143"W along the easterly line of said Parcel, 11.77 feet; thence S87'37113"E,. ' 34 feet; thence S79"44147"E, 73.00 feet; thence S37, 37'13"L, 24.16 feet; thence NO2°22'47"E, ence S87"37'13"E, 12.00 feet; thence S02'221471114 4.00 feet; thence N71"14123"E, 27.59 feet to a point on the westerly right-of-way line of that certain 10 foot strip ,of land, conveyed to the County of Orange for highway purposes and described as Parcel A in a deed recorded in Book 4017, Page 298 of Official Records of said County; thence S10'021291114, along said westerly right-of-wa; line, 4.00 feet to the northerly corner of the triangular shaped parcel described as Parcel 1 in said Book 4017, Page 298 of Official l:ecords; thence S5411214811W along the northwesterly line of said triangular shaped parcel, 28.69 feet to a point on a non tangent curve concave southerly having a radius of 2050.00 feet, said point being on the northerly right-of-way line of Pacific Coast II.'3hway as described by the deed recorded in Ciool: 487, Page 3 of Official Records of said County.; radial S5"E; thence westerly along said to said point bears N08°05' curve through a central angle of 06°32'18", an arc distance of 233.94 feet to the True Point of Beginning. Containing 0.07 Acres more or less. EXHIBIT "A" . g �9 • g9 gsss8°�3 ec 9 03g`�S`sF n S02°22�47„W 40 LO 531470.1217 497607.554S 87°37�t3E 12.00 497607.3824- 531470.6199 NO2�22�47"E 4.00' 497595.�d491 A roc . S3/ C16 - s PROPOSED ACQUISITION WESTERLY LARGER PARCEL Adapted from State of California Department of Transportation WW map prepared by ASL Consulting Engineers Dated 1/15/86; Printed 6/5/87 \_531466.6234 \ 497595.3 98 8 DETAIL "B" 9S. � '0 200 o�. 99;�p'�4 n CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (714) 644-3311 De Anza Newport Mobile Estates Newport Back Bay Realty Company 9171 Wilshire Boulevard Beverly Hills, CA 90210 Regarding: Coast Highway Improvement Project Your interests as Lessee and Sub Lessee Parcel 9 January 29, 1988 Dear Property Owner: The property in which you have a leasehold interest and which is referenced above, is located within the Coast Highway Improvement Project Area. The City has acquired the underlying interest and seeks to acquire your interest in said property. The City of Newport Beach hereby makes an offer to acquire your interest in Parcel 9, a Temporary Construction Easement, for the sum of $20,710.00 for a one (1) year term from the date the construction contract is awarded. This date is estimated to be October 1, 1988. The City agrees co provide a 60 day notice prior to taking possession of the property. If the term is extended to two years, at the beginning of the second term, the City shall pay an additional $19,028.00 for the second 12 months; and if the term is extended to three years, the City shall pay an additional $15,619.00 for the third 12 month term. If 36 months are required, the total of just compensation payable by the,City will be $55,357.00. The City's offer is the full amount determined to be Just Compensation for the property interest. The basis for that determination is explained in the attached Appraisal Summary Statement. It is the City's hope that this price is agreeable to you and that the acquisition can begin immediately. John Cutler & Associates, the City's Acquisition Agent, will work with you in the acquisition of your property interest and answer any questions you have regarding this letter and Appraisal Summary Statement. The Acquisition Agent can be contacted at (213) 427-2333 (collect). It is requested that you acknowledge receipt of the City's offer by signing a copy of this letter and returning same to this office. Your signature on the copy does not signify acceptance of the offer to settle the acquisition by the City, it only acknowledges receipt of the City's offer. Your cooperation in this matter will be greatly appreciated. Sincerely, OFFER R IVED Horst I-Ilawaty DATE: Project Engineer Receipt of Offer Does Not Constitute Acceptance H11: JHS : slc 3300 Newport Boulevard, Newport Beach ,?-L SUMMARY STATEMENT PROJECT: COAST IiIGHWAY IMPROVEMENT PROJECT PARCEL REFERENCE: PARCEL 9 DATE: JANUARY 28, 1988 LESSEE/SUBLESSEE: DeANZA NEWPORT MOBILE ESTATES NEWPORT BACK BAY REALTY CO. PROPERTY LOCATION: NORTH OF PACIFIC COAST HIGHWAY• WEST OF BAYSIDE DRIVE LEGAL DESCRIPTION: FULL LEGAL TO FOLLOW ZONING: RECREATION AND MARINE COMMERCIAI SEE MAP ATTACHED TOTAL AREA: 19,603 SQ. FT. TOTAL TAKE: 19,603 PRESENT USE: DRY BOAT STORAGE IMPROVEMENTS: PAVING/STRUCTURE - This approved offer is presented in full settlement of the acquisition of your real property interests including improvements as follows: TWENTY THOUSAND SEVEN HUNDRED TEN AND N0/100..............DOLLARS ($207710.00)* 'reflects a 1 year term; 2 year term is $39,738; 3 year term is $55,357.00. The valuation of your property is based upon an analysis of recent sales of comparable sites and similar properties in this locality with consideration to its highest and best use. Where applicable, the potential fair rental for your property has been considered in the analysis. Current construction costs have been considered in estimating the depreciated present value for any improvements on the property. The offer is the full amount believed by the City of Newport Beach to be just compensation for your property interest. Any decrease or increase in the Fair Market Value of the real property to be acquired prior to the date of valuation caused by the public improvement or project for which the property is to be acquired, or by the likelihood that the property would be acquired for such improvement or project, other than that due to physical deterioration within reasonable control of the owner, has been disregarded by the City in making their determination of the fair market value of such property. FAIR MARKET VALUE, as used in the valuation is ".... the highest price on the date of valuation that would be agreed by a seller, being willing to sell but under no particular or urgent necessity for so doing, or obligated to sell, and a buyer, being ready, willing and able to buy but under particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available." (Section 1263.320 Code of Civil Procedure). Determination of just compensation does not reflect any consideration of or allowance for any relocation assistance and payments to which the owner or tenant is entitled to receive under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 or the City's agreement to pay certain settlement costs. M-A so2'22'47''w 4,O N � 531470. 217 v 497607.5545 n' S 87037 AYE 531466.1252 12.00 497607.3824 531470.6199 N 02-2 49759552 47"E 4.00 .�� a 'F9S� \ 531466.d234 497595.3988 DETAIL "B" c\0 %s' O�sF 6Fv 6''3y 6' �so 9 I g 6�3F I tom" ' CO 2B`'Ftiq', s3 I �C PROPOSED ACQUISITION WESTERLY LARGER PARCEL Adapted from State of California Department of Transportation WW map prepared by ASL Consulting Engineers Dated 1/ 15/86; Printed 6/5/87 9 S \ S3, 9 9I/ 3 � g9? g6'? Gs S �9 6 2p �9 s3�61 oo � • RESOLUTION NO. 88-23 A RESOLUTION OF THE CITY OF NEWPORT BEACH DECLARING THE NECESSITY TO CONDEMN PROPERTY FOR PURPOSES OF WIDENING PACIFIC COAST HIGHWAY FROM JAMBOREE ROAD THROUGH BAYSIDE DRIVE. WHEREAS, the Charter of the City of Newport Beach and Section 40404 of the California Government Code provide that the City of Newport Beach (City) may take or acquire property within the City by condemnation for the widening of streets and other public highways and places within the City (hereinafter "Project"); WHEREAS, the following described property is located within City, and is more particularly described in Exhibits "A", "B", "C", "D", "E", & "F" attached hereto and incorporated herein by reference; WHEREAS, the following property is in the form of mobile homes and appur- tances commonly known as Space #219, Space #229 and Space #235, are all located within the area of take; WHEREAS, the property to be acquired and interests in property to be acquired are generally described as: (a) the northwest corner of Bayside Drive and Coast Highway; and (b) a strip of land on the northside of Coast Highway beginning at Bayside Drive and extending approximately 1500 feet easterly. The property to be acquired is commonly known as and includes a portion of the DeAnza Bayside Village Mobile Home Park and properties appurtenant or adjacent thereto; WHEREAS, the public interest and necessity require the acquisition of said property for and in connection with the Project, and the exercise of the City's power pursuant to Section 40404 of the California Government Code; WHEREAS, the City needs prejudgment possession of said property; WHEREAS, the City by and through its officers and agents has sought in good faith to acquire the described property or interests therein by nego- tiations with the owners or others having interest therein but has been unable to do so at a price considered fair and equitable to both parties; WHEREAS, due and timely notice of hearing was given to the property owner and/or others having interest in said property on February 23, 1988, and a hearing has been held by the City Council of the City of Newport Beach pursuant to Section 1245.235 of the Code of Civil Procedure, and owners who were provided notice were given a reasonable opportunity to appear and be heard on the matters referred to in Section 1245.230 of the Code of Civil Procedure; NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Newport Beach that: a. the public interest and necessity require the proposed project; b. the proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; c. the interests in property described in Exhibits "A", "B", "C", "D", "E", & "F" attached hereto are necessary for the proposed project; d. the interests in mobile homes commonly known as Space #219, Space #229 and Space #235, all within the area of take are necessary for the proposed project; and e. the offer required by Section 7267.2 of the Government Code has been made to the owner(s) of record, and/or others having interest in said property. IT IS FURTHER RESOLVED that the City Attorney is authorized to prepare and prosecute in the name of the City, such eminent domain proceedings as are necessary in the court having jurisdiction, or retain counsel to do so, to depo- sit funds in court pursuant to Section 1255.010 of the California Code of Civil Procedure in the probable amount of compensation in order to obtain an Order of Possession pursuant to Section 1255.410 of the California Code of Civil Procedure, and to acquire in the name of the City: a. A permanent easement for street and highway purposes in the property commonly known as Parcel #1 and more fully described in Exhibit "A", which is attached hereto. b. A permanent easement for street and highway purposes in the property commonly known as Parcel #2 and more fully described in Exhibit "B", which is attached hereto. c. Permanent easements for street and highway purposes in the property com- monly known as Parcels #6 & #8, more fully described in Exhibits "C" and "D", respectfully, which are attached hereto. d. Purchase for street and highway purposes of mobile homes commonly known as Space #219, Space #229 and Space #235, all located within area of take. e. Temporary Construction Easements for street and highway purposes in the property commonly known as Parcel #9 & #10 and more fully described in Exhibit "E" & "F", respectfully, which are attached hereto, in accordance with the provisions of the Code of Civil Procedure, the Government Code, and the Constitution of California applicable to the City and to said emi- nent domain proceeding; IT IS FURTHER RESOLVED that the City manager is authorized to sign all documents and to carry out the provisions of this resolution. The form of all documents is subject to approval by the City Attorney. ADOPTED this 28th day of Pi rch , 1988 ATTEST: ty Cle Disk 44/R-DEANZA.1 - .3 Parcel #1► as described in the State of California, Department of Transportation Right of Way Map Portion P2-3885, sheet 3 of 3. That portion of Block 54 of Irvine's subdivision as shown on the map recorded in Book 1, Page 68 of Miscellaneous Record Maps, in the Office of the County Recorder of Orange County, described as follows: Commencing at the southwest corner of the land described as Parcel 1 in the easement deed to County Sanitation District No. 5 of Orange County recorded in Book 7661, Page 741 of Official Records of said County, said point being the True Point of Beginning; thence N0104714311W along the easterly line of said Parcel, 11.77 feet; thence S87'37113"E, 123.34 feet; thence S79'44147"E, 73.00 feet; thence S37'37113"E, 24.16 feet; thence NO2'22'47"E, 4.00 feet; thence -S87037113"E, 12.00 feet; thence S02'2214711W 4.00 feet; thence N71°14123"E, 27.59 feet to a point on the westerly right-of-way line of that certain 10 foot strip ,of land conveyed to the County of Orange for highway purposes and described as Parcel A in a deed recorded in Book 4017, Page 298 of Official Records of Said County; thence S10'02'29"1q, along said westerly right -of: -way line, 4.00 feet to the northerly corner of the triangular shaped parcel described as Parcel 1 in said Book 4017, Page 298 of Official Records; thence S54°12148"W along the northwesterly line of said triangular shaped parcel, 28.69 feet to a point on a non - tangent curve concave southerly having a radius of 2050.00 feet, said point being on the northerly right-of-way line of Pacific Coast H:3hway as described by the deed recorded in Book 487, Page 3 of Official Records of said County; radial to said point bears N08.05'55"E; thence westerly along said curve through a central angle of 06°3211811, an arc distance of 233.94 feet to the True Point of Beginning. Containing 0.07 Acres more or less. EXHIBIT "A" Parcel #2, as described in the State of California, Department -of Transportation Right of Way Map Portion P2 -3885, sheet 3 of 3. Those portions of Blocks 54 and 94 of Irvine•s sunaivissoct as shown on the map recorded in Book 1, Page 88 of Miscel- laneous Record Naps, in the Office of the County Recorder of Orange County, described as follows: Commencing at the.southeast corner of the land described as Parcel 2 in the easement deed recorded in Book 4017, Page 2,98 of Official Records of said County, said point being the True Point of Beginning; thence N4602014211W along the easterly line of said parcel, 38.13 feet; thende N10'0212911E, 20.42 feet; thence S36'58143"E, 19.98 feet to a point on a non -tangent curve concave southwesterly with a radius of 1081.00 feet, the radial to said point bears S05.5915311W; thence southeasterly along said curve through a central angle of 0103913911, an arc distance of 31.34 feet; thence N53'07100"E, 12.78 feet; thence S81'16'11."E, 22.55 :feet; thence S35639122"E, 12.78 feet to a point on a non- : tangent curve concave southwesterly with a radius of 1081.00 feet, the radial to said point bears S09"48'05"W; thence southeasterly along said curve through a central angl, of 06'0811D11, an arc distance of 215.77 feet to a -point on z tangent curve with a -radius of 1995.95 feet, the radial to said point of compound curvature bears S15.56115"W; thence southeasterly along said curve through a central angle of 205811011, an arc distance of 103.44 feet; thence N64"09159"E, 8.51 feet; thence S70'21'4311E, 39.00 feet; thence S24'53126"E, 8.51 feet to a point on a non -tangent curve concave southwesterly with a radius of 1995.95 feet, the radial to said point bears S20022109"SJ; thence. south- easterly along said curve through a central angle of 06*0114811,#an arc distance of 210.06 feet; thence N7103913111E, 8.51 feet; thence S6205211111E, 39.00 feet; thence S17°23154"E, 8.51 feet to a point on a non -tangent curve concave southwesterly with a radius of 1995.95 feet, the radial to said point bears S27'51'4111S4; thence south- easterly along said curve through a central angle of 03*3412011, an arc distance of 124.44 feet; thence N7604113511E, 8.51 feet; thence S57'50107"E, 39.00 feet; thence S12'21150"E, 8.51 feet to a point on a non -tangent curve concave southwesterly with a radius of 1995.95 feet, the radial to said point bears S32'53145"W; thence south- easterly along said curve through a central angle of 08.0513311, an arc distance of 281.90 feet; thence S49'00143"E, 282.50 feet; thence S22'29140"E, 80.63..feet; thence N49'00'43"W, 332.67 feet to a point on a tangent curve concave southwesterly with a radius of 2D50.00 feet; thence northwesterly along said curve through a central angle of 29*1211311, an arc distance of 1044.88 feet to the True Point of Beginning. Containing 1.19 Acres more or less. EXHIBIT "B" Parcel #E6, as described in the State of California, Department of Transportation Right of Way Map Portion P2 -3885, sheet 3 of 3. Those portions of Blocks 54 and 94 of Irvine's subdivision as shown on the map recorded in Book 1, Page 88 of Miscel- laneous Record Maps, in the Office of the County Recorder of Orange County, described as follows: Commencing at the southeast corner of the land described as Parcel 2 in the easement deed recorded in Book 4017, Page 298 of Official Records of said County; thence N46°201421111 along the easterly line of said parcel, 38.13 feet; thence N10°02129"E, 20.42 feet to the True Point of Beginning; thence S36°58143"E, 19.98 feet to a point on a non -tangent curve concave southwesterly with a radius of 1081.00 feet, the radial to said point bears S05°59153"W; thence southeasterly along said curve through a central angle of 01*3913911, an arc distance of 31.34 feet; thence N53°07100"E, 12.78 feet; thence S81'16'11"E,:22.,55 feet; thence S3503912211E, 12.78 feet to a point on a non -tangent curve concave southwesterly with a radius of 1081.00 feet, the radial to said point bear's S09°48105"W; thence southeasterly along said curve through;a central angle of 06*0811011, an arc distance of 115.77 feet to a point on a tangent curve with a radius of 1995.95 feet, the radial to said point of compound curvature bears S15°56115"W; thence southeasterly along said curve through a central angle of 2*5811011, an arc distance of 103.44 feet; thence N6400915911E, 8.51 feet; thence S70°21143"E, 39.00 feet; thence S24°53'2611E, 8.51 feet to a point on a non -tangent curve concave southwesterly with a radius of 1995.95 feet, the radial to said point bears S20°22'09"W; thence south- easterly along said curve through a central angle of 0600114819, an arc distance of 210.06 feet; thence N71°39131"E, 8.51 feet; thence S6265211111E, 39.00 feet; thence S17°2315411E, 8.51 feet to a point on a non -tangent curve concave southwesterly with a radius of 1995.95 feet, the radial to said point bears S27°51'41"W; thence south- easterly along said curve through a central angle of 03*3412011, an arc distance of 124.44 feet; thence N76`41135"E, 8.51 feet; thence S57'50107"E, 39.00 feet; thence S12°21150"E, 8.51 feet to a point on a non -tangent curve concave southwesterly with a radius of 1995.95 feet, the radial to said point bears S32°531451111; thence south- easterly along said curve through a central angle of 05'2812511, an arc distance of 190.67 feet; thence N37"52146"E, 20.45 feet to a point on a non-tangent,.curve concave southwesterly with a radius of 1458.24 feet, the radial to said point bears N39'16107"E; thence northwesterly along said curve through a central angle of 12*2013211, an arc distance of 314.12 feet to a point of a non -tangent curve concave southwesterly with a radius of 1935.68 feet, a radial to said point bears S30'2612911W; thence northwesterly along said curve through a central angle of 12'57133" an arc EXHIBIT "C" Page 1 of 2 distance of 437.83 feet; thence S17'28155"W, 10.20 feet; thence N74'4713111W, 240.64'feet; thence S10'02129"W, 12.41 feet to the True Point of Beginning. Contain 0.39 Acres more or less: 3 � EXHIBIT "C" Page 2 of 2 Parcel #8, as dest---rb.ed:in the State of California, Department of Transportation Right of Way Map Portion P2-3885, sheet 3 of 3. That portion of Block 54 of Irvine's Subdivision, as shown on the map recorded in Book 1, Page 88 of Miscellaneous Maps, in the Office of the County Recorder of Orange County, described as follows: Commencing at the easterly terminus of that line described as N61°3614111W 602.82 feet of the Adjudicated Line recorded as S.C. 20436; thence westerly along said line 602.13 feet to the True Point of Beginning; thence N22°29140"W 43.37 feet; thence N4900014311W 292.98 feet to a point on a tangent curve concave southwesterly with_a radius of 1458.24 feet; thence northwesterly along said curve through a central angle of 01°43'1111, an arc distance of 43.77 feet; thence S37°521461114, 20.45 feet to a point on a curve concave southwesterly with a radius of 1995.95 feet, the radial to said point bears S38022'09"W; thence southeasterly along said curve through a central angle of 02°3710811, an arc distance of 91.23 feet; thence S49°0014311E, 282.50 feet; thence N2 °29'40"W, 42.55 feet to the True Point of Beginning. Containing 0.16 Acres more or less. y s EXHIBIT "D" Parcel #9, as described in the State of California, Department of Transportation Right of Waylmap--Portion P2-3885, sheet 3 of 3. That portion of Block 54 of Irvine's subdivision as shown on the map recorded in Book 1, Page 88 of Miscellaneous Record Maps, in the Office of the County Recorder of Orange County, described as follows: Commencing at the southeast corner of the land described as Parcel 1 in the easement deed to County Sanitation District No. 5 of Orange County recorded in Book 7661, Page 741 of Official Records of said County; thence N01°47'43"W, along the easterly line of said Parcel, 11.77 feet to the True Point of Beginning; thence NO1°47'43"W along the easterly line of said Parcel, 70.86 feet to the northeasterly corner of said Parcel 1; thence N89°52150"E, 121.33 feet; thence S82°22155"E, 150.49 feet to a point on the westerly right-of-way line of that certain 10 foot strip of land conveyed to the County of Orange for highway purposes and described as Parcel A in a deed recorded in Book 4017, Page 298 of Official Records of said County* thence S10°02'29"W along said westerly right-of- way line, 62.84 feet; thence S71°14123"W, 27.59 feet; thence N02022147"E, 4.00 feet; thence N87°37113"W, 24.16 feet; thence N79°44'47"W, 73.00 feet; thence N87°37'13"W, 123.34 feet to the True Point of Beginning. Containing 0.45 Acres more or less. EXHIBIT "E" Parcel Number 10 As described on the State of California, Department of Transportation Right of Way Map Portion of,P2 - 3885, Sheet 3 of 3. Those portions of Blocks 54 and 94 of Irvine's subdivision as shown on the map recorded in Book 1, Page 88 of Miscellaneous Record Maps, in the Office of the County Recorder of Orange County, described as follows: Commencing at the southeast corner of the land described as Parcel 2 in the easement deed recorded in Book 4017, Page 298 of Official Records of said County; thence N46°2014211W, 38.13 feet; thence N1000212911E, 32.83 feet; thence S74047'31"E, 59.69 feet to the True Point of Beginning; thence NO3°38131"E, 29.74 feet; thence S76°51158"E, 24.00 feet; thence S30°49147"E, 13.88 feet; thence S74°47136"E, 92.72--feet; thence N58°26107"E, 14.58 feet; thence N11`3915011E, 11.77 feet; thence S67°35100"E, 437.46 feet; thence N22°25100"E, 10.00 feet; thence S67°35100"E, 10.00 feet; thence S31°24103"E, 40.91 feet; thence S60°0410611E, 60.98 feet; thence N67°35102"E, 97.71 feet; thence S22°24158"E, 24.00 feet; thence S22029'4011W, 14.16 feet; thence S22°35142"E, 84.83 feet; thence S5505710711E, 10.81 feet; thence N66°45112"E, 50.96 fees; thence S23°01134"E, 68.65 feet; thence N64°57151"E, 79.87 feet; thence S22°2914011E, 200.28 feet; thence N6703012011E, 57.17 feet to a point on the adjudicated line describe in S.C. 20436 of Official Records of said County; thence S2202914011E along said adjudicated line, 143.22 feet; thence N49°0014311W, 292.98 feet to a point on a curve concave southwesterly with a radius of 1458.24 feet; thence northwesterly along said curve through a central angle of 14*0314211, an arc distance of 357.89 feet to a point on a non -tangent curve concave southwesterly with a radius of 1935.68 feet, radial to said curve at this point bears N30°26129"E, thence northwesterly along said curve through a central angle of 1205713511, an arc distance of 437.83 feet; thence S17°2815511W, 10.20 feet; thence N7404713111W, 180.95 feet to the True Point of Beginning. Containing 1.06 Acres more or less. EXHIBIT "F" GERALD E. AND VICTORIA C. LESTER 235 Plymouth Newport Beach, California 92660 BY THE CITY COUNCIL CITY OF NEWPORT BEACH MAR 2 8 1988 Don Webb, City Engineeer City of Newport Beach P.O. Box 1768 Newport Beach, California 92658-8915 Dear Mr. Webb: D-3 March 2, 1988 This letter is to serve as written request to appear and be heard at the March 28, 1988 City of Newport Beach Council meeting (per your letter of 2/23/88, and the quoted California Code of Civil Procedure Section 1245.235). We are most concerned with the matter numbered 4 in your letter regarding: "Whether an offer of just compensation has been made to those having an interest in said property." If the matter is negotiated and settled before the hearing we will of course not need to appear and be heard. Thank you. Sincerely, Gerald E. Lester cc: Horst Hlawaty Mayor John C. Cox Pacific Relocation John Cutler and Associates 3C East Coast highway, Space 235 N wport Beach, rA 92660 u" r R. ..