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HomeMy WebLinkAbout14 - Acquiring and Authorizing the Condemnation of Real Property Located on Birch Street, North of Bristol Street North (Ruth KO ParcBY THE CITY COUNCIL TY OF NEWPORT BEACH C-7-3) April 28, 1997 CITY COUNCIL AGENDA ITEM NO. 14 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF REAL PROPERTY LOCATED ON BIRCH STREET, NORTH OF BRISTOL STREET NORTH (RUTH KO PARCEL, WATTSON NEWPORT VENTURES PARCEL, AND JOHN R. SAUNDERS PARCEL). RECOMMENDATION: That following a hearing of the affected property owners, the City Council adopts Resolutions finding and determining 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. C. Resolution No. 97- for property located at 3610 and 3620 Birch Street owned by Wattson Newport Ventures. DISCUSSION: In cooperation with Caltrans, and with the County of Orange, the City is proposing to mitigate existing and future traffic capacity deficiencies by widening Birch Street north of the State Route 73 (SR73) bridge overcrossing, widening the Bristol Street and Bristol Street North frontage roads at Birch Street, and widening the SR73 bridge overcrossing. The County of Orange is widening and realigning Birch Street and Mesa Drive between Irvine Avenue and Bristol Street. The need for these improvements is being generated by existing and future traffic conditions. Currently the Birch Street/Bristol Street intersections experience peak hour congestions for southbound Birch Street at Bristol Street North (P.M.) and for eastbound Bristol Street at Birch Street (A.M.). These deficiencies will worsen in the future due to projected traffic increases resulting from the anticipated growth and redevelopment of the Santa Ana Heights area by the Orange County Development Agency. Without the proposed improvements, these two intersections will operate at Level of Service (LOS) F by the year 2010. Levels of Service range from A (excellent) to F (failing or operational SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF REAL PROPERTY LOCATED ON BIRCH STREET NORTH OF BRISTOL STREET NORTH (RUTH KO PARCEL, WATSON NEWPORT VENTURES PARCEL, AND JOHN R. SAUNDERS PARCEL) April 28, 1997 Page 2 breakdown conditions). More specifically, LOS F is defined as: frequent interruptions to flow, low operating speeds, and long lines of vehicles backed up from intersections. The most feasible way to widen Birch Street to address these deficiencies, and provide an acceptable transition to the County's project is to widen the bridge overcrossing structure on the easterly side of the existing structure, and to widen Birch Street northerly of the Bristol Street North frontage road on both sides. The major widening will be done on the easterly side of Birch Street to provide a smooth traffic flow transition. There is a lesser widening on the west side of Birch Street to provide an additional right turn lane onto Bristol Street North. In addition, the project will add one lane to the Bristol Street frontage road, and a left turn lane on Bristol Street North frontage road. Extra width is being provided on the curb lane of Birch Street to accommodate bicycle traffic and a 5 foot walkway will be constructed on each side of the bridge overcrossing for pedestrians. Construction of these improvements will provide an acceptable LOS in the present through the year 2010. The City has budgeted an amount of $2,100,000 in the 1996- 1997 Capital Improvement Program for the project. On April 14, 1997, the City Council authorized the advertisement of bids for the bridge widening portion of the project. The street widening is proposed to be a separate construction project. The widening of Birch Street north of Bristol Street North requires the acquisition of a permanent easement for street and public utility purposes, and a temporary construction easement over small portions of seven separate parcels, owned by six property owners. The owners and the addresses of the parcels are as follows: Wattson Newport Ventures Gary and Shari Goodgame, and David and Arlene Westley Ruth L. Ko John R. Saunders Sushil K. Garg Betty J. Hogan 3610 and 3620 Birch Street 3636 Birch Street 3701 Birch Street 3723 Birch Street 3737 Birch Street 3767 Birch Street On January 13, 1997, the City Council authorized staff to proceed with the acquisitions. In compliance with the requirements of the Government Code (Section 7267.2), the City retained the services of William R. Hansen and Associates (MAI) to determine the just SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF REAL PROPERTY LOCATED ON BIRCH STREET NORTH OF BRISTOL STREET NORTH (RUTH KO PARCEL, WATTSON NEWPORT VENTURES PARCEL, AND JOHN R. SAUNDERS PARCEL) April 28, 1997 Page 3 compensation (fair market value) for the permanent and temporary easements needed from these properties. The City also retained the services of Daman Associates (Daniel Musselman) to negotiate on the City's behalf to acquire these seven parcels, and to provide all necessary documents and deeds in accordance with State property acquisition guidelines. Mr. Musselman subsequently initiated negotiations with all six owners and provided each of them with an informational brochure advising them of the procedures and their rights as a property owner, a statement of just compensation based on the fair market value as appraised by Mr. Hansen, and the necessary easement deeds. Mr. Musselman also met with each owner to discuss the City's offer and give them an opportunity to review the appraisal report. To date, negotiations have been successfully concluded with and easement grants have been received from Betty J. Hogan, Sushil K. Garg, and Goodgame-Westley. However, negotiations are at an impasse with John R. Saunders, Ruth Ko and Wattson Newport Ventures. In order to meet the City's goal of awarding a construction contract prior to fiscal year-end and preserve the funding from OCTA for the project, staff is recommending the initiation of eminent domain proceedings. A notice of this hearing was sent to Mr. Saunders, Ms. Ko, and Gregory Wattson, representing Wattson Newport Ventures, on April 11, 1997. They each will have the opportunity to speak at the hearing regarding their individual property acquisition. The parcels to be acquired are shown on the attached sketch. In summary, staff is recommending the City Council adopt the Resolution of Necessity and initiate eminent domain proceedings for the following reasons: 1. There is no reasonable project alternative which will provide the same degree of improved traffic capacity and level of service. 2. The City has fully complied with the California Environmental Quality Act for this project. The project was reviewed by the City and State staffs, and they each determined a categorical exemption was the appropriate finding. 3. Offer(s) to the affected property owner(s) required by California Government Code Section 7267.2 were made to the owner(s) and that (those) offer(s) fully complied with Government Code Section 7267.2. The City has, thus far, attempted to negotiate with the property owners in good faith to acquire the interest without condemnation proceedings, and will continue to do so. SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF REAL PROPERTY LOCATED ON BIRCH STREET NORTH OF BRISTOL STREET NORTH (RUTH KO PARCEL, WATTSON NEWPORT VENTURES PARCEL, AND JOHN R. SAUNDERS PARCEL) April 28, 1997 Page 4 4. The City has statutory authority to acquire the property by eminent domain pursuant to the applicable authorizing code sections. The purpose of the hearing is to allow each property owner an opportunity to appear and offer information that they may want to bring forward on the following issues: 1. Whether the public interest and necessity require the project; 2. Whether the project is planned and located in a manner that will be the most compatible with the greatest public good and least private injury; and 3. Whether the property sought to be acquired is necessary for the project. 4. The offer required by Section 7267.2 of the Government Code has been made to the property owner of record. In adopting its Resolution of Necessity, the City Council must make affirmative findings on each of the above issues. The amount of offer to the various owners is not the subject of the hearing and should be discussed with the acquisition agent rather than at the hearing. Respectfully submitted, Iola PUBLIC WORKS DEPARTMENT Don Webb, Director Aft4, ► N/ NOT TO SCALE op, 5 BflYVIEW CIRCLE F C / WY �e DRD a-ASFRIT j UNIVERSITY IDRIVE NORTH RESOLUTION NO. 97 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 -1- 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 -2- 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 day of April, 1997. ATTEST: City Clerk F Acat\da\resol ut\ko.doc 04-17-97 MAYOR -3- 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 490 20' 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 40139' 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 901 09' 09" thence non -tangent to said curve, North 490 21' 37" West 33.61 feet; thence at right angles South 40138' 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 40139' 10" West 4.69 feet; thence South 49120' 50" East 2.13 feet; thence South 40139' 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 40' 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 510 53' 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 49' 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. Rev. 09/23/96 07778\0601 Vnisc02a es B.Ya�Yer /,S AS 8• Sq S. 4453 � a NO. 4453 EXP. 9-30-97 17 C akF N 06 O rn ►J Q (22') Rft6. 706 oC �I9. 144 (30') N v z _SU 42' 55' RAI, 3 P cK+ G+ru+ 4 pu� I is Easev,avtt (733 sf) t— Tew► �o rar Cov�s�f'r�cT'� o-rt Easc.w+e,� s s:f C 1(og ) FJ'IV] JriJ 104/31 FCL 2 Rvf k Kv 3701 Sircb APN 427-151-15 151-15T "Ix - ^'�/�QO �h�/S40° 39' 10" W (34. 15' ) 10.409 -rr' AOT NO, 3201 �l APN 427-151-12 151-12T g S1(721. ° 39' 10" W 0. 85') 594 30.480 733 s.f —�(88. 72') s.2s (100.00' ) S0°39'10'W040o39 I0 W SQ N►C= R 1 RC114 Lf) N ST'R E ET _o CV n c7a° ? ► 1 d4" W 85. 077 RESOLUTION NO. 97 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 de 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 3723 Birch Street and more fully described in Exhibit "A"; (b) a temporary -2- 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 day of April, 1997. ATTEST: City Clerk F:\cat\da\resoIut\saunders.doc 04-17-97 Wke� -3- EXHIBIT "A" Parcel 151-012 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 40' 39' 10" East 29.15 feet; thence South 490 20' 50" East 2.13 feet; thence North 40139' 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. S-auer I. L.S. 4453 Rev.09/10/96 v G� )4453 07778\06104niscO6a�t�� N0.' EXP.9-30)1 4- 9. 144 (30') N 0 Q- O z RAD. PcrmAnevt Str'ec 1. 4 Pu 6 I i C Te-mPorar� 4 Coy%s+ruc io-vl Ectsemeii- P �M,J, 1J4/3J I rRACr 1\1 , 3201 FO, John. R. Saunders APN 427-151-15 / 151-15T At C�3/S40° 39' 10" W (34. 15' ) 10.409 3- ,,, 27.039 (88. 72') N .S400 39' 10' W C�IQ -o V �- t/1 I N 3723 Birck �7 APN 427-151-12 151-12T S400 39' 10' W VP(70. 85' ) I21.594 N1I]\AI 1 56 APN 427- i 51-11 T N40° 39' (39 8 12. 1_ 00'�) �5 - (46. 2OID 1 ' ) 12 S40° 39' 10' W S40° 39' 10' W 13 1 RCH RESOLUTION NO. 97 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 - WATTSON). 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 3610 and 3620 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 NE 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 3610 and 3620 Birch Street and more fully described in Exhibit "A"; (b) a M i temporary 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 day of April, 1997. ATTEST: City Clerk F:\cat\da\resoIut\wattson.doc 04-17-97 MAYOR -3- EXHIBIT "A" Easements for street and public utility purposes in the City of Newport Beach, County of Orange, State of California, over, under, along, across and through those portions of Parcels 2 and 3 as shown on Parcel Map No. 88-233, filed in Book 246 Pages 16 and 17 of Parcels Maps, in the office of the County Recorder of said county, described in parcels as follows: Parcel No. 231-06 Beginning at a point on the northerly line of said Parcel 2, distant North 811 56' 13" East 31.96 feet from the most westerly corner of said parcel; thence, South 380 21' 44" West 20.85 feet; thence, South 110 58' 38" East 49.69 feet to the southwesterly line of said Parcel 2, thence, along the boundary of said Parcel 2, the following courses: North 491 21'23" West 34.41 feet, North 40 21' 23" West 38.18 feet, and North 811 56' 13" East 31.96 feet to the point of beginning. Parcel No. 231-26 Beginning at a point on the southerly line of said Parcel 3, distant North 811 56' 13" East 31.96 feet from the most westerly corner of said Parcel, thence, North 381 21' 44" East 279.12 feet to the northeasterly line of said Parcel 3 distant South 491 20' 50" East, 9.93 feet from the most northerly corner of said Parcel 3; thence, along the boundary of said Parcel 3, the following courses: North 49120' 50" West 9.93 feet, South 40° 39' 10" West 302.91 feet, and North 81' 56' 13" East 31.96 feet to the point of beginning.. Parcel 231-26T and 231-06T A temporary easement for construction purposes of operating construction equipment, and vehicle, and access to the construction site over, under, along, across, and through those portions of said Parcels 2 and 3 lying southwesterly and northwesterly of the following described line: Beginning at a point on the southwesterly line of said Parcel 2, distant South 491 21' 23" East 5.97 feet from the most Southerly corner of Parcel 231-06 described above; thence North 40' 38' 24" East 7.82 feet; thence North 111 58'38" West 45.06 feet; thence North 381 21' 43" East 240.61 feet; thence South 49' 21' 34" East 7.84 feet; thence North 400 39' 10" East 33.84 feet; thence North 490 22' 24" West 9.20 feet; thence North 380 21' 43" East 20.48 feet to the northeasterly line of said Parcel 3. Excepting therefrom any portion of Parcels 231-06 and 231-26 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. A %.,nt_ 1_AA� S�G��� a NO. 4�1a3 CXP.9-30-97 1 Rev. 09/23/96 ' �"07 778/0610/misc04a i . 144 (30') 27.039 (88. 72' ) �Io.S40° 39' 10' W , Ala -o NIA N� V) N O . v N 30.480 7-' (100.001) ;. 2 1 ' ) 12 13 S40039' 10' W Stiv° 39' 10' W 14 1 13 IRCM STREE*-- 5G65 s.f. S380 21 ' 43' W 65. 239 (214. 04' )� 1316 S3823I-26T (33 ) °39'10' E(240.611) N40 JAPN 427-231-06 3(olo P)lv-c-k 4- 2 PCL 13 APN 427-231-26 I 3620! .2,rck J J�II J \J 0 J E9 C9 2 �3 3 �JJ�J BE', New ort Ve h �v r es 11 II i - p e r m a " eVit Stre ct a r, d Po b I i c Utili+y Easewicnt M --rr-.Forary Cohs+rvA;ai i Eetse-mehl+ (3707sf) 9.93' \ _3 27 N4