HomeMy WebLinkAboutS14 - Supplemental to Report for City Council Agenda Item No. 14April 28, 1997
CITY COUNCIL AGENDA
SUPPLEMENTAL ITEM NO. 14
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: SUPPLEMENTAL TO REPORT FOR CITY COUNCIL AGENDA
ITEM NO. 14
RECOMMENDATION:
Following a hearing of the affected property owners, the City Council adopt Resolutions
finding and determining that it is in the public interest and necessity to acquire certain
property for the widening of Birch Street and authorizing the condemnation of that certain
real proper as follows:
a. Resolution No. 97- for property located at 3701 Birch Street owned by Ruth
L. Ko.
b. Resolution No. 97- for property located at 3723 Birch Street owned by John
R. Saunders.
DISCUSSION:
The City reached agreement with Wattson Newport Ventures. On April 22, 1997,
Gregory Wattson signed the easement in the presence of Dan Musselman and indicated
he would forward it to the other partners on the east coast for their signature. However,
negotiations have not been concluded with Mr. Saunders and Ms. Ko. Therefore, staff
recommends adoption of the Resolutions concerning their parcels.
Respectfully submitted,
(i), a
PUBLIC WORKS DEPARTMENT
Don Webb, Director
RESOLUTION NO. 97-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH FINDING AND DETERMINING THE
PUBLIC INTEREST AND NECESSITY TO ACQUIRE AND
AUTHORIZING THE CONDEMNATION OF CERTAIN REAL
PROPERTY (BIRCH STREET WIDENING - KO).
WHEREAS, the City of Newport Beach Charter,and Government Code Section
40404, provide that the City of Newport Beach may take or acquire property within the
City by condemnation for the widening of streets and public utilities purposes; and
WHEREAS, the interest in real property to be acquired is generally described as
easements for street and public utility purposes and temporary easements for
construction purposes necessary to widen Birch Street northerly of the Bristol Street north
frontage road ("Project"); and
WHEREAS, the interest in real property which the City wishes to acquire to
accomplish the Project is a portion of the property located at 3701 Birch Street, within the
City limits, and is more particularly described in Exhibit "A" attached hereto and
incorporated here in by reference ("the Property"); and
WHEREAS, the City by and through its officers and agents have sought in good
faith to acquire the property easements by negotiations with the owners or others having
interest in the property but has been unable to do so at a price considered fair and
equitable to both parties; and
WHEREAS, due and timely notice of this hearing was given to the property owner
and/or owners having interest in said property on April 10, 1997, and a hearing has been
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Res 97-36
held by the City Council of the City of Newport Beach pursuant to Section 1245.235 of the
Code of Civil Procedure and the owners who were provided notice were given reasonable
opportunity to appear and be heard on matters referred to in Section 1245.230 of the
Code of Civil Procedure; and
WHEREAS, the Project has been determined to be exempt under the California
Environmental Quality Control Act.
NOW, THEREFORE, the City of Council of the City of Newport Beach finds and
resolves that; (a) the public interest and necessity require the proposed project, (b) the
proposed project is located in a manner that is most compatible with the greatest public
good and the least private injury, (c) the interest in real property is necessary for the
proposed project, (d) the offer required by Section 7267.2 of the Government Code has
been made to the owner or owners of record.
BE IT 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 deposit 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 public utilities purposes in the property commonly
known as 3701 Birch Street and more fully described in Exhibit "A"; (b) a temporary
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Res 97-36
construction easement as more fully described in Exhibit "A". in accordance with the
provisions of State law.
BE IT FURTHER RESOLVED, that the City Manager is authorized to sign all
documents and to carry out the provisions of this Resolution.
ADOPTED, this 28th day of April, 1997.
ATTEST:
City Clerk
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Res 97-36
EXHIBIT "A"
Parcel 151-015
An easement for street and public utility purposes in the City of Newport Beach, County of Orange, State
of California, over, under, along, across and through that portion of Parcel 2 as shown on a map filed
in Book 104, Page 37 of Parcel Maps in the office of the County Recorder of said county, described as
follows:
Beginning at the most easterly corner of said Parcel 2, thence, along the easterly line of said Parcel
North 49120' 51 " West 5.28 feet to a line parallel with and 5.28 feet northwesterly of the southeasterly
line of said parcel; thence, along said parallel line, South 401 39' 10" West 88.72 feet; to the beginning
of a non -tangent curve, concave northerly and having a radius of 28.09 feet, a radial line of said curve
bears South 51 ° 26' 10" East through said point; thence southerly and southwesterly along said curve
44.19 feet; through a central angle of 900 09' 09" thence non -tangent to said curve, North 490 21' 37"
West 33.61 feet; thence at right angles South 401 38'23" West 2.15 feet; to the southwesterly line of said
Parcel; thence, along the boundary of said Parcel, the following courses: South 490 21' 49" East 46.03
feet, North 85° 39' 10" East 28.25 feet and North 400 39' 10" East 100.00 feet to the point of beginning.
Parcel 151-15T
A temporary easement for construction purposes of operating construction equipment and vehicle, and
access to the construction site over, under, along, across, and through that portion of said Parcel 2 lying
southeasterly, southerly, and southwesterly of the following described line:
Beginning at the intersection of a line parallel with and 11.98 feet Northwesterly of the Northwesterly line
of Parcel 151-15 described above and the Northeasterly line of said Parcel 2; thence along said parallel
line South 40' 39' 10" West 4.69 feet; thence South 49' 20' 50" East 2.13 feet; thence South 401 39' 10"
West 27.08 feet; thence North 490 20' 50" West 2.13 feet; thence South 400 39" 10" West 34.15 feet;
thence South 49120' 50" East 2.13 feet; thence South 401 39' 10" West 22.95 feet to the beginning of
a non -tangent curve, concave Northerly and having a radius of 18.24 feet, a radial line of said curve
bears South 51153' 18" East through said point; thence southerly and westerly along said curve 28.70
feet through a central angle of 900 08' 16'; thence non -tangent to said curve North 490 21' 49" West
33.43 feet; thence South 400 38' 16" West 9.85 feet to the Southwesterly line of said Parcel 2.
Excepting therefrom any portion of Parcel 151-15 described above.
This temporary easement is to terminate ninety (90) days after the filing of the Notice of Completion of
Improvements or not later than September 10, 1997, whichever comes earlier.
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
resolution, being Resolution No. 97-36, was duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 28th
day of April, 1997, and that the same was so passed and adopted by the following vote, to wit:
Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, and Mayor Debay
Noes: None
Absent: Hedges
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 29th day of April, 1997.
City Clerk of the City of
Newport Beach, California
(Seal)
RESOLUTION NO. 97 -37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH FINDING AND DETERMINING THE
PUBLIC INTEREST AND NECESSITY TO ACQUIRE AND
AUTHORIZING THE CONDEMNATION OF CERTAIN REAL
PROPERTY (BIRCH STREET WIDENING - SAUNDERS).
WHEREAS, the City of Newport Beach Charter, and Government Code Section
40404, provide that the City of Newport Beach may take or acquire property within the
City by condemnation for the widening of streets and public utilities purposes; and
WHEREAS, the interest in real property to be acquired is generally described as
easements for street and public utility purposes and temporary easements for
construction purposes necessary to widen Birch Street northerly of the Bristol Street north
frontage road ("Project"); and
WHEREAS, the interest in real property which the City wishes to acquire to
accomplish the Project is a portion of the property located at 3723 Birch Street, within the
City limits, and is more particularly described in Exhibit "A" attached hereto and
incorporated here in by reference ("the Property"); and
WHEREAS, the City by and through its officers and agents have sought in good
faith to acquire the property easements by negotiations with the owners or others having
interest in the property but has been unable to do so at a price considered fair and
equitable to both parties; and
WHEREAS, due and timely notice of this hearing was given to the property owner
and/or owners having interest in said property on April 10, 1997, and a hearing has been
-1-
Res 97-37
held by the City Council of the City of Newport Beach pursuant to Section 1245.235 of the
Code of Civil Procedure and the owners who were provided notice were given reasonable
opportunity to appear and be heard on matters referred to in Section 1245.230 of the
••- no Lamm • -• •
WHEREAS, the Project has been determined to be exempt under the California
Environmental Quality Control Act.
NOW, THEREFORE, the City of Council of the City of Newport Beach finds and
resolves that; (a) the public interest and necessity require the proposed project, (b) the
proposed project is located in a manner that is most compatible with the greatest public
good and the least private injury, (c) the interest in real property is necessary for the
proposed project, (d) the offer required by Section 7267.2 of the Government Code has
been made to the owner or owners of record.
BE IT 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 deposit 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 public utilities purposes in the property commonly
known as 3723 Birch Street and more fully described in Exhibit "A", (b) a temporary
-2-
Res 97-37
construction easement as more fully described in Exhibit "A" in accordance with the
provisions of State law.
BE IT FURTHER RESOLVED, that the City Manager is authorized to sign all
documents and to carry out the provisions of this Resolution.
ADOPTED, this 28th day of April, 1997.
ATTEST:
n
City Clerk
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Res 97-37
Parcel 151-012
EXHIBIT "A"
An easement for street and public utility purposes, in the City of Newport Beach,
County of Orange, State of California, over, under, along, across and through the
southeasterly 5.28 feet of Lot 57, Tract No. 3201, as per map recorded in Book 130,
Pages 25 through 30 inclusive of Miscellaneous Maps in the office of the County
Recorder of said county.
Parcel 151-12T
An temporary easement for construction purposes of operating equipment and
vehicle, and access to the construction site over, under, along, across, and through
that portion of said Lot 57, lying southeasterly of the following described line:
Beginning at the intersection of a line parallel with and 11.98 feet Northwesterly of
the Northwesterly line of Parcel 151-12 described above with the Southwesterly line
of said Lot 57; thence along said parallel line North 400 39' 10" East 29.15 feet;
thence South 49120' 50" East 2.13 feet; thence North 400 39' 10" East 70.85 feet
to the Northeasterly line of said Lot 57.
Excepting therefrom any portion of Parcel 151-12 described above.
This temporary easement is to terminate ninety (90) days after the filing of the
Notice of Completion of Improvements or not later than September 10, 1997,
whichever comes earlier.
ames B. Sauer
I.L.S. 4453
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
resolution, being Resolution No. 97-37, was duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 28th
day of April, 1997, and that the same was so passed and adopted by the following vote, to wit:
Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, and Mayor Debay
Noes: None
Absent: Hedges
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 29th day of April, 1997.
City Clerk of the City of
Newport Beach, California
(Seal)
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