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HomeMy WebLinkAbout5913 - Aquisition of PropertyTHS.mec 2/10/64 BEACH- RESOLUTION NO. 9/3 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 F° That portion of lots 17, 18 and 19, 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 19; thence South 37° 18' 54" East 44.58 feet along the easterly 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 150 17' 33" West; thence westerly 76.87 feet along said curve through a central angle of 22° 01' 21" to the westerly line of said lot 17; thence North 37° 18' 5411 West 30.00 feet to the most westerly corner of said lot 17; thence • North 520 41' 06" East 75.00 feet to the point of beginning. PARCEL G° The northwesterly 30.00 feet of lots 15 and 16, 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. SECTION 3. The public improvement to be located on the property described in Section 2 is located in a manner which is com- patible 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 -de- positing 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 possession 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 ac- quisition. 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 10th day of February, 1964, by the follow- ing vote, to wit: AYES, COUNCILMEN- NOES, COUNCILMEN- e� ABSENT COUNCILMEN: ))// TTEST- < Mayor City Clerk 9 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF NEWPORT BEACH) I, MARGERY SCHROUDER, City Clerk of the City of Newport Beach, California, do hereby certify that according.to the records of the City of Newport Beach filed and maintained in my office, the foregoing Resolution No. 5913 was duly and regularly adopted, passed, and approved by the City Council of the City of Newport Beach,. California, at a regular meeting of said City Council held.at.the regular meeting.place thereof, on the 10th day of February , 1964 ,. by the following vote, to wit: AYES, COUNCILMEN: Stoddard, Gruber, Cook, Hart, Marshall, Elder NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Lorenz Dated this 11th day of February „ 19 64 City Clerk. and Ex -O ficio Clerk.of.the City Council, City oP Newport -- Beach, State of California. f� J -