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HomeMy WebLinkAbout503 - Central Avenue Widening• • ORDINANCE NO. 503 AN ORDINANCE DECLAR- ING THE INTENTION OF THE CITY COUNCIL OF THE MY OF NEWPORT BEACH TO ORDER THE WIDENING OF CENTRAL AVENUE BETWEEN Mc- PADDEN PLACE AND "B" STREET. The City Council of the City of Newport Beach does ordain as fol- lows: SECTION 1. That the public in- terest and convenience require, and that it is hereby found and de- termined that the public interest and necessity require, and that it' is the intention of the City Coun cil of the City of Newport Beach; to order the following improve- ment to be made, to -wit: That Central Avenue, a public street in the City of Newport Beach, County of Orange, State' of California, be widened between the street known and called "Mc- Fadden Place," and the street known and called "B" street. The City Council elects to proceed un- der Part 1 of Division 6 of the Streets and Highways Code to or -' der the Improvement made. Said Part 1 consists of the Street Open-, ing Act of 1903. SECTION 2. That the land ne- cessary apd convenient to be taken for the improvement described in .Section 1 hereof, is situated in the City of Newport Beach, Coun- ty of Orange, State of California, and is more particularly described as follows, to -wit: PARCEL 1. All that portion of that certain strip of land sixty 1(60) feet in width situate in the City of Newport' Beach, County of Orange, State of California, cog - veyed to the Los Angeles Inter - Urban Railway Company by deed recorded in Book 103, Page 356, of Deeds, Orange County Records ly- ing easterly of the easterly line of that certain 100 foot right of way of the Southern Pacific Railroad Company, as described in Deed from James McFadden to Santa Ana and Newport Railway Com- pany, recorded in Book 78, Page 399 of Deeds, Orange County Rec- ords, said strip of land being more particularly described as being thirty (30) feet on each side of the following described surveyed center -line of the Pacific Electrif Railway Company's property, to- wit: Beginning at the intersection of the center line of that certain sixty (60) foot strip of land "First" described in Resolution forming a part of that certain •deed from the Newport Beach Company to the Los Angeles Inter - Urban Railway Company, recorded ,in Book, 103, Page 356 of Deeds, Orange County Records, with the easterly line of that certain one hundred (100) foot right of way of ;the Southern Pacific Railroad, as described in deed from James Mc- Fadden to Santa. Ana and New- port Railway Company, recorded in Book 78, Page 399, of Deeds, Orange County Records; thence South 29° 50' East along said center line 56 feet more or less to Railway Survey Station 323 + 06.46 of the surveyed center line of the former Los Angeles Inter -Urban Railway, said last mentioned sta- tion being at the beginning of a 5° tapered curve to the left; thence southeasterly along said 5° taper-, ed curve to the left, eleven hundred thirty and sixty -seven hundredths (1,130.67) feet to Railway Survey Station 334 t 37.13 of the said sur- veyed center line, said last men- tion station being at the end of the 5- tapered curve to the left; thence south 80° 22' East, on a line parallel to and fifty (50) feet northerly from the southerly line of Central Avenue (South Drive), as shown on a map of Section "B," Newport Beach, recorded in Book 4, Page 27, Miscellaneous Maps, Records of said County, five hun- dred eighty -five and thirty -four hundredths (585.34) feet to Rail- way Survey Station 340 + 22.47 of the said survey center line, con- taining 2.4408 acres, more or less, 0f land, PARCEL 2. That certain strip of land sixty (60) feet in width sit- uate in the City of Newport Beach, County of Orange, State of Cali- fornia, conveyed to the Los An- geles Inter -Urban Railway Com- pany by deed recorded in Book 113, �Page 188 of Deeds, Orange Coun- ty records, said strip of land being i more particularly described as be i ing thirty (30) feet or each side of the following described survey- ed center line of the Pacific Elec- tric Railway Company's property, to -wit: Beginning at Railway Survey, Station 340'122.47 of the surveyed center line of the Los Angeles Inter -Urban Railway, said station being at the same point and identi- cal with that certain Railway Sur- vey Station 340 + 22.47 mentioned in description of that certain strip of land sixty (60) feet in width conveyed by the Newport Beach Company to the Los Angeles Inter - Urban Railway Company by deed recorded in Book 103, of Deeds, Orange County Records, at Page 356 thereof; thence from said point of beginning South 80° 22' East on a line parallel to and fifty (50) 'feet northerly from the southerly dine of Central Avenue (Sout+) Drive), as said avenue is shown on said map of Section "B," Newport Beach, and as shown on map of Tract No. 234, recorded in Book 13, Pages 36 and 37 of Miscellan- eous Maps, Records of said County, eleven hundred three and eight tenths (1,103.80) feet to Railway Survey Station 351 + 26.27 of said surveyed center line, said last men. tioned station being at the begin ning of a 1° railway curve to the right; thence easterly along said 1° curve to the right, parallel to and 50 feet northerly from the southerly line of Central Avenue (South Drive), as said avenue is shown on said map of Tract No. 234, seven hundred seventy -five (775) feet to Railway Station 359 +01.27 of the said surveyed center line, said last mentioned station being the end of said 1° curve to the right; thence south 72° 37' East, on a line parallel to and 50 feet northerly from the southerly line of said Central Avenue (South Drive), sixteen hundred eighty -five and eighteen hun- dredths (1685.18) feet to Railway Station 375 +86.45 of said surveyed center line, said last mentioned station being in the east line of Lot Four (4), Section Thirty -four (34), Township 6 South, Range .10 West, S.B.B. & M., where said .east line of said Lot Four (4) is 'intersected by the said center line, as shown on a map of East New - port, recorded in Book 3, Pages 37 and 38 of Miscellaneous Maps, rec- ords of said County, containing 4.9091 acres, more or iess, of land. PARCEL 3. That certain strip of land sixty (60) feet in width sit- uated in the City of Newport Beach, County of Orange, State of California, conveyed to the Los Angeles Inter - Urban Railway Company by deed recorded in Book 131, Page 392 of Deeds, Or- ange County Records, said strip of, land being more particularly de- scribed as being thirty (30) feet on each side of the following describ.' ed surveyed center line of the Pa- cific Electric Railway Company's property. to -wit: _., .__. Station 375 + 86.45 of the surveyed center line of the Los Angeles Inter -Urban Railway, said station being at the same point and iden- tical with that certain Railway Survey Station 375+8 6.45 mention- ed in description of that certain sixty (60) foot strip of land con- veyed by the Newport Beach Com- pany to the Los Angeles Inter - Urban Railway Company by deed recorded in Book 113 of Deeds, Or- ange County Records, at Page 188 thereof; thence from said point of beginning south 720 37' East on a line fifty (50) feet northerly from and parallel to the southerly line of Central Avenue (South Drive), as said Central Avenue is shown on a map of East Newport, recorded in Book 3, Pages 37 and 38 rf Miscellaneouus Maps, Records of said County, one hundred eighty- four and five tenths (184.5) feet, more or less to the beginning of a 1° Railway curve to the left; thence easterly along said 1° curve to the left, parallel to and fifty (50) feet northerly from the said southerly line of Central Avenue (South Drive), six hundred ten and forty -two hundredths (610.42) feet, more or less, to the end of said 1° curve to the left; thence South 78° 42' East on a line paral- lel to and fifty (50) feet northerly from the said southerly line of Central Avenue (South Drive), fourteen hundred fifty - two (1452.0) feet, more or less, to 4 point, where the easterly line of said map of "East Newport" is in- tersected by the said center line, containing 3.095 acres, more or less, of land. PARCEL 4. That certain strip of land fifty -eight (58) feet in width situate in the City of New- port Beach, Orange County, State of California, being all that por- tion of the strip of land describ- ed in deed from C. P. Clifford, et al., to Los Angeles Inter -Urban Railway Company and recorded in Book 122, Page 352 of Deeds, Or- ange County Records, lying north- westerly of the northwesterly line of "B" street prolonged across Central Avenue, as said street and avenue are shown on a map of the Balboa Tract, recorded in Book 4, Page 11, Miscellaneous Maps, Or- ange County Records, described as follows, to -wit: Beginning at a point in the westerly line of the Newport Bay Tract, as shown on a map re- corded in Book 4, Page 16 of Mis- cellaneous Maps, Records of said County, where said line is inter -, sected by aline six (6) feet souther -' ly from and parallel to the norther- ly line of Central Avenue, as said Central Avenue is shown on Baia map of Newport Bay Tract; thence from said point of beginning south- easterly along a line parallel to and six (6) feet southerly from the northerly line of said Central Avenue, six hundred thirty -seven and eight hundredths (637.08) feet, more or less, to an intersec- tion with a line parallel to and six (6) feet southerly from the north- erly line of Central Avenue as said avenue is shown on a map of the Balboa Tract, recorded in Book 4, Page 11 of Mis- cellaneous Maps, records of said county; thence southeasterly along the last mentioned parallel line, 'thirteen hundred fifty -seven and eighty -three hundredths (1357.83) feet, more or less, to an inter- section with a line parallel to and six (6) feet southwesterly from the northeasterly line of said Cen- tral Avenue, between "A" Street and "B" Street, as said streets are shown on said map of Balboa Tract; thence southeasterly along the last mentioned parallel line,, four hundred sixty -three and nine- ty hundredths (463.90) feet, more or less, to an intersection with the prolongation of the northwest- erly line of said "B" Street, across 'said Central Avenue; thence south- , westerly along the prolongation of the northwesterly line of said "B" Street, across Central Avenue, fifty -eight (58) feet to an inter - section with a line parallel to and six (6) feet northeasterly from the southwesterly line of said Central Avenue; thence northwesterly along the last mentioned parallel line, four hundred sixty and six tenths (460.6) feet, more or less, to an intersection with a line paral- lel to and six feet northerly of the southerly line of said Central Ave- nue, between Main Street and "A" Street as said streets are• shown on said map of the Balboa Tract; thence northwesterly along the last mentioned parallel line, thirteen hundred fifty -two and eighty -five hundredths (1352.85) feet, more or less, to an intersec- tion with a line parallel to and six, (6) feet northerly from the south- erly line of said Central Avenue, as shown on said map of Newport Bay Tract; thence northwesterly along the last mentioned parallel line, six hundred thirty -two and • • seven y -six hundredths (63 .76) feet, more or less, to an intersec- tion with the westerly line of said Newport Bay Tract; thence north- erly along the westerly line of said Newport Bay Tract, fifty - eight and six hundredths (58.06) 'feet, more or less, to the point of beginning, continuing 3.2655 acres, more or less, of land. The land necessary or convenient to be taken for the proposed im- provement is shown on a map - numbered 47 -1258, approved by the City Council of the City of New- port Beach on the 6th day of Oc- tober, 1941, and on file in the of- fice of the City Engineer of the City of Newport Beach, to which,. said map reference is hereby made for more complete and detailed de- scription of said lands, and said map shall govern for all details as to extent and description thereof. SECTION 3. That the boundar- ies of the district in the City of Newport Beach, County of Or- ange, State of California, to be benefited by said improvement and to be assessed to pay the expens- es thereof, and to be known as the "Assessment District" are hereby fixed as follows, to -wit: Beginning at the intersection of the Northwesterly line of Block 221, as shown upon a map of Sec- tion "A" Newport Beach, record- ed in Book 4, Page 21 of Miscel- laneous Maps, records of Orange County, California, with United States Government bulkhead line between U. S. Station 119 and Station 120, as shown upon a map showing "Harbor Lines, Newport Bay Harbor, California," approved by the Secretary of War May 2nd, 1936, a copy of said map being on file in the office of the United States District Engineer, Los An- geles, California; thence southeast- erly along said bulkhead line to an intersection with the northerly prolongation of the easterly line of Nineteenth Street, as shown on said map of Section 'A;' thence southerly along the said northerly prolongation of the easterly lin. of Nineteenth Street and the east- erly line of Nineteenth Street to the northwesterly corner of Lot 4, Block 218, as shown upon a map of Section "B," Newport Beach, re- corded in Book 4, Page 27, Miscel- laneous Maps, records of said Coun- ty; thence easterly along the northerly line of said Lot 4 to the northeasterly corner of said Lot 4; thence southerly in a direct line to the northwesterly corner of Lot 71 in said Block 218; thence easterly in a direct line to the northeasterly' corner of Lot 8 in said Block 218; thence northerly along the north- erly prolongation of the easterly line of said Lot 8 in Block 218, to an intersection with. the line of mean high tide of the Pacific Ocean in Newport Bay, as describ- ed in agreement dated April 28th, 1941, approved by Resolution No. 2165 of the City Council of the City of Newport Beach; thence easterly along said high tide line to an intersection with the north- erly prolongation of the easterly I line of Lot 16 in said Block 218; i thence southerly along the last mentioned northerly prolongation of the easterly line of said Lot 16, a distance of 21.2 feet; thence south 77° 49' 30" East to an in- tersection with the northerly pro- longation of the easterly line of Lot 18 in -aid Block 218; thence southerly in a direct line to the .most northerly corner of Lot 16, Block 117, as shown on said map of Section "B;" thence easterly in a direct line to the northeasterly corner of Lot 4, Block 115, as shown upon a map of Tract 234, recorded in Book 13, Pages 36 -37, Miscellaneous Maps, records of said County; thence northeasterly in a direct line to the most north- erly corner of Lot 1, Block 1, as shown upon a map of Tract 626, recorded in Book 30, Page 41, Mis- cellaneous Maps, records of said County; thence easterly along the northerly boundary line of said Tract.62¢ to he northaUterly cor- ner of Block 5 of said Tract 626; thence southerly in a direct line to the northwest corner of Tract 1061, as shown upon a map record- ed in Book 34, Page 26, Miscellan- eous Maps, records of said County; thence southeasterly along the northeasterly line of said Tract 1061 and the southeasterly pro- longation thereof, to an intersec- tion with the northerly prolonga- tion of the easterly line of Lot 6, Block 109, as shown upon a map of said Section "B," Newport Beach; thence northeasterly along the last mentioned northeasterly prolongation to an intersection with said United States Govern ment bulkhead line between U. S. Station 116 and Station 117; thence southeasterly, and north- . easterly, along said bulkhead line 'to U. S. Station No. 114; thence northeasterly in a direct line tc U. S. Station No. 165 in said bulk - head line; thence northeasterly. easterly and southeasterly along said bulkhead line to U. S. Bulk- head Station No. 161; thence southeasterly in a direct line to U. S. Station No. 113; there; southeasterly, easterly and south. easterly along said U. S. Bulk- head line to the most easterly, corner of Lot 39, as shown upon) a map of Tract 756, recorded in Cook 23, Page 7, Miscellaneoup' Maps, records of said County; thence southwesterly in a direct) line to the most southerly cornet of said Lot 39; thence southeast erly in a direct line to the most westerly corner of Lot 24, Block "P," as shown upon a map of Tract 518, recorded in Book 17, Pages 33 to 36 inclusive, records of said County; thence easterly in a direct line to the most north erly corner of Lot "M," in said Tract 518; thence southerly along the easterly boundary line of said Tract 518 to the southeasterly corner of Lot 1, Block "P" of said Tract 518; thence westerly in a direct line to the most south- erly corner of said Lot 1, Block "P;" thence southerly in a direct line to the northeasterly corner of Lot "J" in said Tract 518, thence northwesterly along the northeasterly lines of Lots J, I, H, G and F in said Tract 518; to the most westerly corner of Lot 8, Block "A" of said Tract 518; thence northwesterly in a direct line to an intersection with the southwesterly prolongation of the northwesterly line of Lot 11, Block 20, as shown upon a map of East Side Addition to the Balboa Tract, recorded in Book 4, Page 20, Mis- cellaneous Maps, records of said County, said point of intersection being 100 feet southwesterly of the southwesterly corner of said Lot 1 . Block 2Q; thence northwesterly in a direct line to an intersection wi :h the southwesterly prolongs tioa of the northwesterly line of Lot 12, Block 10, as shown upon a map of Balboa Tract, recorded in Book 4, Page 11, Miscellaneous Maps, records of said County, said point of intersection being 65 feet southwesterly of the southwesterly' corner of said Lot 12, Block 10; thence northeasterly along the last: mentioned southwesterly prolonga tion to an intersection with the southwesterly line of Ocean Front (formerly Surf Avenue), as shown, upon said map of Balboa Tract;, thence northwesterly along the; southwesterly line of said Ocean Front to the northwesterly corner; of Lot "A" of said Balboa Tract; thence southwesterly in a direct, line to the southeasterly corner of. Lot "B" as shown upon a map of lNewport Bay Tract, recorded in Book 4, Page 16, Miscellaneous Maps, records of said County; thence northwesterly along the southwesterly boundary line of said Newport Bay Tract to the southwesterly corner of Lot "A," as shown upon said map of New- port Bay Tract; thence northerly in a direct line to the most west- eily corner of Lot 1, Block 1, of said Newport Bay Tract; thence westerly in a direct line to an in- tersection with the southerly pro- longation of the westerly line of Lot 20 in Block 7, as shown upo,: a map of Fast Newport Tract, re- corded in Book 3, Page 37, Mis- cellaneous Maps, records of said County, said point of intersection being 50 feet southwesterly of the southwesterly corner of said Lot 20, Block 7; thence northwesterly in a direct line to the southwest- erly corner of Lot 11, Block 11, as shown upon a map of said Tract 234; thence westerly in a direct line to the southwesterly corner of Lot 13, Block 16 of said Section "B," Newport Beach; thence west- erly in a direct line to an inter- section with the southwesterly prolongation of the northwesterly line of Lot 7, Block 19, as shown upon a map of First Addition to Newport Beach, recorded in Book 3, Page 27, Miscellaneous Maps, Records of said County, said point of intersection being 40 feet south- westerly of the southwesterly cor- ner of said Lot 7, Block 19; thence westerly in a direct line to the southwesterly corner of Lot 6, Block 20, of said First Addition to Newport Beach; thence north- westerly in a direct line to the most westerly corner of Lot 7 in last mentioned Block 20; thence northerly in a direct line to the point of intersection of the north- easterly line of the 60 foot right of way of the Pacific Electric Railway Company with the easter- ly line of the former Southern Pacific Company's 100 foot right of way; thence southeasterly in a direct line to the most westerly corner of said Block 221, Section "A," Newport Beach; thence northeasterly along the north- westerly line of said Block 221 to the point of beginning. There is omitted from the as sessment district hereinabove de- scribed the following public land, all of which is in use in the per- formance of a public function, to- wit: Block Q, Tract 518; Southwest- erly 20 feet of Lot 8 and all of . Lot 9, Block 9, Balboa Tract; Lots 1, 2 and 3, Block 2, East Newport; Lot 30 feet by 110 feet bounded on north by Block 2, East New- port; Lot 40 feet by 120 feet bounded on West by Block 2, East Newport; Easterly 30 feet of Lot 1, Block 3, East Newport; Lot 30 feet by 50 feet bounded on West by Lot 1, Block 3, East Newport; Lot 12, Block 1, East Newport; Lots 3, 4, 5, 6 and 8, Block 20, Irst Addition to Newport Beach; Lots 14 to 27 incl. in Block 13, Tract No. 234; Lots 1 to 13 incl. n Block 13, Section B. . . all as shown by map of said District, No. fll, indicating by a boundary line the extent of the territory to be included in the Assessment Dis- trict, which map was approved by the City Council of the City of. Newport Beach on the 6th day of October, 1941, and is on file in' the office of the City Engineer, to which said map reference is here -' , by m2de for the purpose of show - ':ng the extent of the territory to be included in the Assessment Dis- trict, and said map shall govern for all details as to the extent of said district. SECTION 4. That Monday, the 1st day of December, 1941, at . the hour of 7:30 o'clock P. M. of said day, is the day and hour, and the chambers of the City Council, of the City of Newport Beach, in the C:ty Hall in the City of New- port Beach, is the place hereby fixed by said City Council when ind where any and all persons hav:ng any objections to the pro- posed work of improvement may appenr before the City Council of the C.ty of Newport Beach and shove cause why said proposed im- provement should not be carried out in accordance with the "terms of this ordinance. Attention is hereby directed to the provisions of the Street Opening Act of 1903, ,r la iv to objections and protests. J of the City of Newport Beach de- clares that the sum of $5861.96 has been appropriated and will be paid by the City from the "SPECIAL GAS TAX STREET AND IM- °ROVEMENT FUND" toward the 'ost and expenses of the improve- ment mentioned in this ordinance. SECTION 6. The said City Coun- cil of the City of Newport Beach further determines and ordains that Improvement bonds shall is- sue to represent the assessment for said improvement in conform- ity to, and under the provisions of, and in accordance with the requirements of the Improvement Bond Act of 1915, being Division 10 of the Streets and Highways I Code and notice is hereby given !that serial bonds to represent un- paid assessments, and bear inter- est at the rate of four per cent (4 %) per annum, will be issued hereunder in the manner provided by Division 10 of the Streets and Highways Code, the Improvement Bond Act of 1915, and the last installment of such bonds shall, mature three (3) years from the 2nd day of July next succeeding ten (10) months from their date. SECTION 7. The Street Super- ' intendent of the City of Newport Beach shall, following the passage i of this ordinance, cause to be con- spicuously posted along all open) streets within the assessment dis -. trict herein described, and along' all streets and parts of streets or' other public places or rights of way where any property is to be taken for the widening of Central Avenue as herein provided, and along or upon the private prop- erty proposed to be acquired for the widening of Central Avenue, at not more than 300 feet apart, notices (not less than three in all) of the passage of this ordi- nance. Said notices shall be head. ed "NOTICE OF PUBLIC IM- PROVEMENT," in letters not less than one (1) inch in length, shall be in legible characters, and shall state the fact and date of the passage of this ordinance, describe' briefly and in general terms the proposed improvement and shall contain a map showing the bound- aries of the assessment district to be assessed for said improve- ment, the names of all open streets therein, the right of way to be acquired, a statement of the es-, timated cost of such improvement, and refer to this ordinance of in- tention and to the maps on file in the office of the City Engineer for all details. Said notices shall contain also a statement of the day, hour and place when and where any and all persons having any objections to the proposed im- provement may appear before the legislative body and show cause why said proposed improvement should not be carried out in ac- cordance with the terms of this ordinance. The said Street Super- intendent of the City of Newport Beach must fully complete said posting as herein provided at least ten (10) days before the day set for the hearing of protests or ob- jections as provided in Section 4 hereof. The Street Superintendent of the City of Newport Beach shall conspicuously post all notices in the form, at the time and in the manner required by said Street Opening Act of 1903. SECTION 8. The Clerk of the City Council of the City of New- port Beach shall mail a notice. postage prepaid, to each person owning property in the assessment district herein defined, at his last; known address as appears on the, tax rolls of the City of Newport Beach, or as the same shall ap -. pear on file in the office of the City Clerk, or to both addresses If they are not the same, or when no address so appears, to the Gen- eral Delivery, notifying said prop- erty owner of the date of the pass age and the number of this ordi- nance of intention, and the time and place set for the hearing of protests against the improvement. Said notices shall be mailed at least fifteen (15) days prior to the time set for the hearing on this ordinance of intention. Thk the Cit- y—hall (nail the notices herein provided for in the form, manner and time require ed by the Street Opening Act of 1903 as aforesaid, SECTION 10. This ordinance shall be published twice in the NEWPORT - BALBOA PRESS, a weekly newspaper printed, pub- lished and circulated in the City Of Newport Beach. The foregoing ordinance was in- troduced at a regular meeting of the City Council of the City of ,Newport Beach held on the 6th ,day of October, 1941, and was fin- ally passed and adopted by said City Council at an adjourned reg- ular meeting thereof held on the 20th day of October, 1941, by the following vote, to -wit: AYES, COUNCILMEN: Reed, Claire, Allen, Brown, Gordon. NOES, COUNCILMEN, None. ABSENT, COUNCLMEN: None. ATTEST: FRANK L. RINEHART, City Clerk. The above and foregoing ordi- nance is signed and approved by me this 20th day of October, 1941. �IRVIN GEO. GORDON, 'Mayor of the City of Newport Beach. Publish Oct. 30 —Nov. 6. J