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HomeMy WebLinkAboutI-14 - Street Easement at Northeasterly Corner of 28th Street and Balboa BlvdM TO: CITY COUNCIL FROM: CITY MANAGER AND PUBLIC WORKS DIRECTOR. SUBJECT: STREET EASEMENT AT NORTHEASTERLY CORNER OF 28TH STREET AND BALBOA-BOULEVARD REGOMMENDATI'ON: I. AUTHORIZE THE PURCHASE OF A STREET EASEMENT AT 28TH STREET AND BALBOA BOULEVARD,FROM WAYNE BANDY OF 201 - 28TH STREET FOR THE PRICE OF $75.25. (SEE -ATTACKED SKETCH) THE ADDITIONAL RIGHT-OF-WAY IS NECESSARY IF A MINIMUM 5' HIDE SIDEWALK IS TO BE MAINTAINED AT THE INTERSECTION. THE NEW CURB RETURN WILL BE CONSTRUCTED AS PART OF THE BALBOA BOULEVARD IMPROVEMENTS, THE RECOMMENDED PRICE IS BASED ON THE APPRAISALS OF. THE PACIFIC ELEC- TRIC COMPANY'S' PROPERTY ADJACENT TO THIS PROPERTY. THE AMOUNT TO BE PAID WILL BE DEDUCTED FROM THE COST OF THE IMPROVEMENTS ON BALBOA BOULEVARD FOR WH4GH MR. BANDY HAS PREVIOUSLY CONTRACTED WITH T-HE CITY. PREPARED'BY: 3), - c . DONALD C. SIMPS0N �, PUBLIC WORKS DIRECTOR' ATT. RC:OCS:MJA:vs . 3/�-o/b4 ROBERT COOP CITY MANAGER COU�tiJ�IE: e s?(,_;:ATION: 7AI STREET PR 4m.o 1.01 _ 25' ALLEY ' 0 , SMEE r EA 5,61WEAVr AREA w 21.46.so.,cr. CITY OFNEWPORT BEACH DRAWN —AL—d- DATE PUBLIC WORKS DEPARTMENT APPROVED ,srR,eEr PUBLIC WORKS DIRECTOR R.E. NO. or t8 ) Rl- OCA- 128, /-A.<"&. M. DRAWING No. RIW- 503 7- L 0 u To From CITY OF NEWPORT BEACH CITY ATTORNEY. DEP TMENT The Honorable Mayor and City Council City Attorney March 5, 1964 Subject: Resolution authorizing eminent domain proceedings The acquisition from the Pacific Electric.and Southern Pacific may not be completed in time to award bids and proceed with the improve- ment of Balboa Boulevard and 28th Street unless anaction in eminent domain is filed and immediate possession taken on the property we are now acquiring from the railroad companies. We have, therefore, prepared a resolution which will authorize and direct eminent domain in order to get possession in time to proceed with the improvements. It is recommended that the subject resolution be adopted. The action will be filed only if we are unable to acquire timely possession. *r alterW. Char WWC:mec City Attorney cc - City Manager City Clerk Public Works Director CITY OF NEWPORT BRACH April 3, 1964 To: .. public Works Director From: City Attorney Subject; Stxaet easement at 28th Str"t and Balboa Boulevard Attached are the original and two copies of requested easement for street and highway purposes across a portion of Lot 18 Block 128, Lake Tract, as shown on your drawing No. R/W-50h-L attached thereto as an exhibit. It is suggested that you have the original grant of eeaseemant moecuted by Wayne 1. Bandy and Barbara M. Band yy and acimawleedged before a Notary Public, after which it should bee transmitted to the City Clerk for presentation to the City Council for accept- ance. A resolution accepting the same has been forwarded to the City Clark. WWC:mc Sacs. cc • City Manager City Clerk Walter W. Charamaa City Attorney i 8 9 10 11 12 13 14. 15 16 17 18 39; 20 211 22 I 231 241 25� 26' 27 . 28 29 30 31 32 i For valuable consideration, receipt of which is hsab► &ckno4Uedged, WRY= H. &A,M and BOUT. M. BANDY, his irks, grantors. hereby grant to.'.00 CITY OF NEWPMT MAC*, a =,icipal corporation, Mtn easement for street and highway purposes over the foMwiat. desetibad real property in the City of Newport Beach, . County of oraAgse State of California; That portion of Lot 18. Block 128 of the 1.+r►h e Tract as r mop recorded in Hook 4, Pam 13 of Miaeceleous Maps In the office of thn County Recorder of Orange County described as follows: He iaani�tg at the most southerly corner of said L6t 18; thence nartbeastarty 10 feet along tbs. southeasterly lime of said Lot 18 to the point of cusp of a curve concave nanrtherl��rr Craving a ;;thus of 10 feet; tbowo rsesterl 15% feet aloe,.. said cue through a central s'g],e of 90 to the aouth- westerly line of said Lot 18; trace southeasterly 10 fast along said southwesterly line to tbs point: of beginning. Said pr"ert y ovex which the oasewent is hereby granted is sham can City of Newport Beach Public Works Dewrtment drawing Mo. R/W ►SC37�L, entitlod "Street 8asasat - Portion of Lot 191, Block 128, Lairs Tr.", a co0y of which is for the sake of convenient identification marked Exhibit "A" and attached hereto and made a part: hereof by this reference. Dated: April , 1964. STATE € F CALIFi IA ) se On April , 19"t before ms, the, undersigned, a Notary Public in and for said County and -State, personally appeared 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2.2 23 24 25 26 27 28 29 30 31 32 WAYM It" WJMY a+ AARUM M. DAM, his wife, know to me to be puso Wosi times an sub ribed to the within instrummt AWWWAdged tb4t t1my mented . WTXRSS my mod. -grad official- seal. I Public to and for said and State 28 7' STREET 5rR,EET EASElwENT AREA a 2146 so. Fr. 25' ALLEY' 5 6 7 8 9 10 11 12 13 14 15 16 17 18' 19 20 21 22 23 24 25 26 27 28 29 30 31 32 MOLUTIpg ,vo 5958 A AXSOLMCN OF Ta COMIL OF "a CITY OF #I I mWil AMYXIbiC A GUM Ah SABOT' WNUUM, Wayne,1K-. Andy, .,and Barbara M. iWdy, his wife, b&Vd executed a grant of east granting to tM City of Beaport h an easeant for strew , higy purposes s the foll.aw- X*S doscribod real, p:ropwq in the City of Via. beach, Cavity Of Orange.Statree of CaUhtnia: and. Tbat portion of Lot 18 Block 128 of the Ue Tamt. as Par map r"OrAed in Book 4, P 13 of Mileous s in the office of � County 8ecoacda of Orsnge. Camty described " follows: Beginning at tW awt southerly causer of said Lot 18; thema aartheasterly 10 feet along the southutsterlq lime of said Lot 18 to the Ognt of ctwp of a curvio eoucave northerly havis'. a radius of 10 lit; �e westerl 15.i�eet along said cum ugh a central sng a of 94 to the sour weateriy line of *aid Lot 18; themm southeasterly 10 feet along said iouthwesterlg Une to the pert of Wginning; WHXM80 it is to the interest of thd- City to accept said grant of 4ai nt for such purposes; NOW,, T BF4tg,. IX IT RUOL ED that said ;rant of easement is hereby accepted and the City .Clerk is authorised and directed to emcute and attach thereto a certificate of acceptance and consent to its recording and to record said easement in the County Recorder's office. AWPM this Z7thday of April., 1964. ATTM x a7ur"T'i4� er .... THS:mec 3/25/64 C� E BEACH: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY FOR A PUBLIC IMPROVEMENT, TO WIT, PUBLIC STREETS, AND AUTHORIZING AND DIRECTING EMINENT DOMAIN PRO- CEEDINGS THEREFOR BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEWPORT SECTION 1. The City Council hereby finds and determines that the public interest and necessity require the construction of a public improvement, including the widening of 28th Street along the easterly side thereof between Newport Boulevard and Balboa Boulevard. SECTION 2. The City Council hereby further finds and determines that the public interest and necessity require, for the construction and completion of said improvement, the acquisition by the City of Newport Beach.of a right-of-way and easement for street and highway purposes in, over, and on certain real property situated in. the City of Newport Beach, County of Orange, State of California, described as follows, to wit: PARCEL E. That portion of lot 20, block 127 of the Lake Tract, in. the city of Newport Beach, county of Orange, state of California, -as per map recorded in book 4 page 13 of Miscellaneous Maps, in the office of the county recorder of said county, described as follows: Beginning at the most northerly corner of said lot; thence South 19° 42' 30" East 66.56 feet along the east- erly line of said.lot to a point on a non -tangent curve. concave southerly having a radius of 200.00 feet, a radial to said point bears North 3° 41' 49" West; thence westerly 40.48 feet along said curve through a central angle of 110 35' 44" to the southwesterly line of said lot; thence North 37° 18' 54" West 44.58 feet along said southwesterly line to the most westerly corner of said lot; thence North 520 41' 06" East 55.87 feet to the point of beginning. SECTION 3. The public improvement to be located on the property described in Section 2 is located in a manner which is compatible with the greatest public good and the least private injury. SECTION 4. The City Attorney of the City of Newport Beach is hereby authorized, empowered and directed: (a) To commence an action. or actions in eminent domain in the Superior Court of the State of California in and for the County of' -Orange in the name of the City of Newport Beach to acquire the easement herein declared to be necessary and to secure the right to immediate possession and use of said right-of-way and easement by depositing in court such sum of money as may be required pursuant to the provisions of Section 14 of Article I of the Constitution of the State of California to entitle the City to take immediate pos- session thereof. (b) To incur in the name of and on behalf of the City of Newport Beach all obligations and expenses necessary to acquire said property and the immediate possession thereof. (c) To do such further acts and to take such additional: steps as may be necessary or convenient in connection with said acquisition. This resolution was adopted by at least a two-thirds vote of the City Council of the City of Newport Beach at a meeting of said Council on the 27th day of March, 1964, by the following vote, to wit AYES, COUNCILMEN: NOES, COUNCILMEN o ABSENT COUNCILMEN, � G � . 9' 24 Mayor ATTEST: -- ` Gi,ty Clerk 2.