HomeMy WebLinkAbout88-23 - Necessity to Condemn Property for PCH WideningRESOLUTION 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.
L
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 _ March , 1988
ATTEST:
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 88 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 NO1 047143 "W along the easterly
line of said Parcel, 11.77 feet; thence S87 °37113 "E, 123.34
feet; thence S79 044'47 "E, 73.00 feet; thence S87 037113 "E,
24.16 feet; thence NO2 °22147 "E, 4.00 feet; thence
S87 037113 "E, 12.00 feet; thence S02 °22'47 "W 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 §aid County; thence S10 002129 "14,
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 °1214811W 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 Wahway as described by the deed recorded in
Book 487, Page 3 of Official Records of said County; radial
to said point bears N08 °05155 "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 sunalvlslon
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 °20'42 "W along the
easterly line df said parcel, 38.13 feet; thence
N10 002129 01E, 20.42 feet; thence S36 058143 "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 059153 "W; thence southeasterly along said curve through a
central angle of 01 °3913911, an arc distance of 31.34 feet;
thence N53 007100 "E, 12.78 feet; thence S81'16112o"E, 22.55
:feet; thence S35 039122 "E, 12.78 feet to a point on a non-
!tangent curve concave southwestexly with a radius of 1081.00
•feet, the radial to said point bears S09 048105 11W; thence
southeasterly along said curve through a central ang]s of
06 °0811D"i an .arc distance of 115.77 feet to a X)Dint an a
tangent curve with a radius of 1995.95 feet, the radial to
said point of compound curvature bears S15 056115 "W; thence
southeasterly along said curve through a central angle of
2 °.58'10", an arc distance of 103.44 feet; thence
N64 009159 "E, 8.51 feet; thence S70 021143 "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 S 20.22109 "W; thence, south-
easterly along said curve through a central angle of
06 °01'48 ", tan are distance of 210.06 feet; thence
N71'39131 "E, 8.51 feet; thence S62 °52111 "E, 39.00 feet;
thence S17 023154 "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 951141 "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 050107 11E, 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 S32053145 "W; thence south-
easterly along said curve through a central angle of
08 00513311, an arc distance of 281.90 feet; thence
S49 000143 "E, 282.50 feet; thence S22 029140 11E, 80.63..feet;
thence N49 °00'43 "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 "B"
Parcel #6,.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 020142 "W
along the easterly line of said parcel, 38.13 feet; thence
N10 002129 "E, 20.42 feet to the True Point of Beginning;
thence S3695814311E, 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 059153 "W; thence
southeasterly along said curve through a central angle of
O1 93913911, an arc distance of 31.34 feet; thence
N53 907100 /1E, 12.78 feet; thence S81°16'1111E,•22..55 feet;
thence S35039'2211E, 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 °4810511W; thence
southeasterly along said curve through a central angle of
06 008'10 ", 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 °5611511W; thence
southeasterly along said curve through a central angle of
2 05811011, an arc distance of 103.44 feet; thence
N64 °0915911E, 8.51 feet; thence S7002114311E, 39.00 feet;
thence S2405312611E, 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 S2002210911W; 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 S62 °52111"E, 39.00 feet;
thence S1792315411E, 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 S2705114111W; thence south-
easterly along said curve through a central angle of
03 °3412011, an arc distance of 124.44 feet; thence
N76 °4113511E, 8.51 feet; thence S57 °50107 "E, 39.00 feet;
thence S1202115011E, 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 S3205314511W; thence south-
easterly along said curve through a central angle of
05 92812511, an arc distance of 190.67 feet; thence
N37 °52'46 "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 N3901610711E; thence northwesterly
along said curve through a central angle of 12 02013211, 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 S3002612911W; thence northwesterly
along said curve through a central angle of 12 05713511 an arc
EXHIBIT "C"
Page 7 of 2
3ista ce of 437.83 feet; thence S17 °28'55 "W, 10.20 feet; -
then a N74'47'31 "W, 240.64*feet; thence S16°02'29 "W, 12.41
feet to the True Point of Beginning.
Cont in 0.39 Acres more or less:
0
b
EXHIBIT "C:"
Page 2 of 2
i
b
EXHIBIT "C:"
Page 2 of 2
Parcel y8, as deszhed 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 N6103614111W 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 029149 "W 43.37
feet; thence N49 °00143 "W 292.98 feet to a point on a tangent
curve concave southwesterly with -a radius of 1458.24 feet;
thence northwesterly along said:eurve through a central
angle of 01 04311111, an arc distance of 43.77 feet; thence
S37 °5214611W, 20.45 feet to a point on a curve concave
southwesterly with a radius of 1995.95 feet, the radial to
said point bears S38 022109 "W; thence southeasterly along
said curve through a central angle of 02 °3710811, an arc
distance of 91.23 feet; thence S49 000143 "E, 282.50 feet;
thence N2,°29'4011W, 42.55 fleet to the True Point of
Beginning.
4
Containing 0.16 Acres more or less.
EXHIBIT "0"
Parcel #9, 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 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 NO1 047143 11W,
along the easterly line of said Parcel, 11.77 feet to the True Point of
Beginning; thence N01 °47'43 "W along the easterly line of said Parcel, 70.86 feet
to the northeasterly corner of said Parcel 1; thence N89 052'50 "E, 121.33 feet;
thence S82 022155 "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 014'23 "W, 27.59 feet; thence NO2 022147 11E, 4.00
feet; thence N87 037113 "W, 24.16 feet; thence N79 044'47 "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. r
EXHIBIT "E"
Parcel Number 1.0
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 °20142 "W, 38.13 feet;
thence N10 002'29 "E, 32.83 feet; thence S74 °47131 "E, 59.69 feet to
the True Point of Beginning; thence NO3 °38'31 "E, 29.74 feet;
thence S76 °51158 "E, 24.00 feet; thence S30 049147 "E, 13.88 feet;
thence S74 °47136 "E, 92.72 feet; thence N58 026107 "E, 14.58 feet;
thence Nll'39150 "E, 11.77 feet; thence S67 °35100 "E, 437.46 feet;
thence N22 025100 "E, 10.00 feet; thence S67 035100 "E, 10.00 feet;
thence S31 °24'03 "E, 40.91 feet; thence S60 °04'06 "E, 60.98 feet;
thence N67 °35102 "E, 97.71 feet; thence S22 °24'58 "E, 24.00 feet;
thence S22 °29140 11W, 14.16 feet; thence S22 °35142 "E, 84.83 feet;
thence S55 °57107 "E, 10.81 feet; thence N66 °45112 "E, 50.96 fee,;;
thence S23 001134 11E, 68.65 feet; thence N64 °57151 "E, 79.87 feet;
thence S22 °29140 "E, 200.28 feet; thence N67 °30120 "E, 57.17 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, 143.22 feet; thence N49 000143 "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 14 00314211, 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 026129 "E, thence northwesterly along said curve through a
central angle of 12 °5713511, an arc distance of 437.83 feet;
thence S17 °28155 "W, 10.20 feet; thence N74 °47131 "W, 180.95 feet
to the True Point of Beginning.
Containing 1.06 Acres more or less.
EXHIBIT "F"