HomeMy WebLinkAbout9650 - Ensign View Park DrainageRESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH DECLARING THE NECESSITY OF
CONDEMNATION, REQUIRING THE TAKING OF AN
EASEMENT FOR STORM DRAIN PURPOSES AND A TEMPO-
RARY CONSTRUCTION EASEMENT FOR PROPERTY
SOUTHERLY OF ENSIGN VIEW PARK IN THE CITY OF
NEWPORT BEACH, AS AUTHORIZED PURSUANT TO THE
CHARTER OF THE CITY OF NEWPORT BEACH AND SEC-
TION 37350.5 OF THE CALIFORNIA GOVERNMENT
CODE, FINDING THAT THE PUBLIC INTEREST AND
NECESSITY REQUIRE THE PROJECT, THAT THE PRO -
JECT IS PLANNED AND LOCATED IN THE MANNER
THAT WILL BE MOST COMPATIBLE WITH THE GREATEST
PUBLIC GOOD AND THE LEAST PRIVATE INJURY, THAT
THE PROPERTY DESCRIBED IN THE RESOLUTION IS
NECESSARY FOR THE PROPOSED PROJECT, AUTHORIZING
THE CITY ATTORNEY TO INSTITUTE, CONDEMNATION PRO-
CEEDINGS AND AUTHORIZING THE FINANCE DIRECTOR
TO MAKE A DEPOSIT IN COURT FOR POSSESSION OF THE
SUBJECT PROPERTY PRIOR TO JUDGMENT (Ensign View
Park Drainage)
WHEREAS, uncontrolled drainage of water runoff from
Ensign View Park to the properties located below on West Coast
Highway is a significant threat 1:0 real and personal property,
located thereon; and
WHEREAS, presently there exists no adequate drain
facility to carry water from Ensign View Park to any public
drainage facilities in the vicinity without overflowing privately-
owned property; and
WHEREAS, the City of Newport Beach intends to undertake
a project whereby a storm drain facility will be constructed with-
in Ensign View Park to gather surface water and carry it through
a storm drain facility across private property to an existing
publicly -owned and - maintained storm drain facility running from
Cliff Drive to West Coast Highway; and
WHEREAS, an easement for storm drain purposes must be
acquired over that certain property described hereinafter by the
City of Newport Beach to complete the storm drain facilities
herein contemplated; and
WHEREAS, the design of the public improvement is such
that the storm drain easement over the subject property must
be acquired and that no other feasible design alternative is
left available to the City for the development of said storm
drain facility; and
WHEREAS, the construction of the facility will require
the acquisition of a temporary construction easement,as hereinafter
described; and
WHEREAS, the project is determined to be necessary and
in the public interest,.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach as follows:
1. The public interest: and necessity require the
proposed construction of the storm drain facilities to carry
storm drain waters from Ensign View Park to a publicly -owned
and - maintained storm drain facility running between Cliff Drive
and West Coast Highway.
2. The property which is to be taken hereunder is to
be used for the public purpose of installing and maintaining a
storm drain facility to carry water from Ensign View Park to-an
existing storm drain facility running between Cliff Drive and
West Coast Highway. To facility construction of said storm drain
facility, a temporary construction easement must be acquired
adjacent to and to the south of the storm drain easement.
3. The acquisition of the hereinafter described
property is authorized by Section 200 of the Charter of the City
of Newport Beach and Section 37350.5 of the California Government
Code.
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4. It is necessary to acquire the hereinafter
described easements for storm drain purposes over the real
property by condemnation. It is necessary to acquire the
temporary construction easements to facilitate the construc-
tion of the storm drain facility by condemnation.
5. The property to be! acquired is described as
follows:
Parcel 1 - Storm Drain Easement (Exhibit "A ")
That portion of Lot A, Tract No. 919 as per map
recorded in Book 29, Pages 31 through 34, of
Miscellaneous Maps.in the office of the County
Recorder of Orange County, California, described
as follows:
Beginning at the most southerly corner of Lot 6
as shown on the Parcel Map recorded in Book 56,
Page 49 of Parcel Maps in the office of the County
Recorder of said county; thence N 50° 15' 10" W 20.31
feet to the most easterly corner of that certain
parcel of land as described in Parcel l in the deed
to W. J. Richardson and No Ruth Richardson recorded
in Book 7046, Page 439 of official records of
Orange County, said easterly corner being the True
Point of Beginning; thence S 390 43' 30" W 25.00 feet
along the southeasterly line of said parcel of land
as described in the deed to Richardson; thence N
50 16' 30" W 14.14 feet to a line parallel with and
15.00 feet southwesterly measured at right angles from
the southwesterly line of said parcel map; thence
N 500 15' 10" W 89.03 feet along said parallel line to
the northwesterly line of said parcel of land as
described in the deed to Richardson; thence N 39° 43'
30" E 15.00 feet to the most northerly corner of said
parcel of land as described in the deed to Richardson
being on the southwesterly line of said Parcel Map;
thence S 50° 15' 10" E 99.03 feet along said southwesterly
line to the True Point of Beginning.
Parcel 1 -A - Temporary Construction Easement (Exhibit "B ")
That portion of Lot A, Tract No. 919 as per map recorded
in Book 29, Pages 31 through 34 of Miscellaneous Maps in
the office of the County Recorder of Orange County,
California, described as follows:
Beginning at the most southerly corner of Lot 6 as shown on
the Parcel Map recorded in Book 56, Page 49 of Parcel Maps
in the office of the County Recorder of said county; thence
N 500 15' 10" W 20.31 feet to the most easterly corner of
that certain parcel of land as described in Parcel 1 in the
deed to W. J. Richardson and No Ruth Richardson recorded
in Book 7046, Page 439 of official records of Orange
County; thence S 390 43' 30" W 25.00 feet along the south-
easterly line of said parcel of land as described in the
deed to Richardson to the True Point of Beginning; thence
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N 5 016'30" W 14.14 feet to a line parallel with and
15.00 feet southwesterly measured at right angles from
the southwesterly line of said parcel map; thence
N 50 015'10" W 89.03 feet along said parallel line to
the northwesterly line of said parcel of land as described
in the deed to Richardson; thence S 39 °43'30" W 25.00
feet to a line parallel with and 40.00 feet southwesterly
measured at right angles from the southwesterly line of
said parcel map; thence S 50 °15'10" E 99.03 feet to the
southeasterly line of said parcel of land as described in
the deed to Richardson; thence N 39 °43130" E 15.00 feet
along said southeasterly line to the True Point of
Beginning.
Parcel 2 - Storm Drain Easement (Exhibit "C ")
A strip of land 15.00 feet in width, measured at right
angles, over that portion of Lot A, .Tract.No. 919 as per
map recorded in Book 29, Pages 31 through 34 of Miscella-
neous Maps in the office of the County Recorder of Orange
County, California, the northeasterly line of said strip
being described as follows:
Beginning at the most southerly corner of Parcel 4 as
shown on the Parcel Map recorded in Book 56, Page 49 of
Parcel Maps in the office of the County Recorder of said
county; thence N 50 015'10" W 17.61 feet along the south-
westerly line of said Parcel Map to the most easterly
corner of that certain parcel of land as described in the
deed to Robert Harry Brown and Mildred Brown Wells recorded
in Book 5957, Page 513 of said official records, said
corner being the True Point of Beginning; thence continuing
N 50 °15'10" W 130.00 feet to the most northerly corner of
said parcel as described in the deed to Brown recorded in
Book 5957, Page 513.
Parcel 2 -A - Temporary Construction Easement (Exhibit "D"
A strip of land 25.00 feet in width; measured at right
angles over that portion of Lot A, Tract No. 919 as per
map recorded in Book 29, Pages 31 through 34 of Miscella-
neous Maps in the office of the County Recorder of Orange
County, California, the northeasterly line of said strip
being described as follows:
Beginning at the most southerly corner of Parcel 4 as
shown on the Parcel Map recorded in Book 56, Page 49 of
Parcel Maps in the office of the County Recorder of said
county; thence N 50 015110" W 17.61 feet along the south-
westerly line of said Parcel Map to the most easterly
corner of the certain parcel of land as described in the
deed to Robert Harry Brown and Mildred Brown Wells recorded
in Book 5957, Page 513 of said official records, thence
S 39 043130" W 15.00 feet to a point on a line parallel with
and 15.00 feet southwesterly, measured at right angles from
the southwesterly line of said parcel map, said point being
the True Point of Beginning; thence N 50 015'10" W 130.00
feet to the northwesterly line of said parcel of land as
described in the deed to Brown.
The proposed project is planned and located in the
manner that will be the most compatible with the greatest public
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good and the least private injury in that the property to be
acquired is the only practical property over which said storm
' drain easement can be designed, located and improved. The
public good will be facilitated by improving the flow and dis-
position of surface water from Ensign View Park to a City -owned
and - maintained storm drain facility.
7. The property described in this Resolution is
necessary for the proposed project for without the storm drain
easement the facility could not be installed.
8. The City Attorney of the City of Newport Beach is
hereby authorized and directed to commence an action in the
Superior Court of the State of California in and for the County
of Orange in the name of and on :behalf of the City of Newport
Beach against all owners and claimants of the above - described
property for the purpose of condemning and acquiring a storm
drain easement and temporary construction easement over Parcels
1, 1 -A, 2 and 2 -A hereinbefore described for said public use by
the City of Newport Beach. The City Attorney is further autho-
rized and directed to seek an order of the court for possession
prior to judgment to allow the installation and improvement of
the storm drain facility as hereinbefore described.
9. The Finance Director is authorized and directed to
prepare necessary City checks or warrants for deposit with the
Superior Court as deposit of the probable amount of compensation
for the taking of the easements over the subject property, based
upon the City's appraisal of the subject property.
is 10. Maps showing the subject property and storm
drain and temporary construction easements are attached hereto
marked Exhibits "A," "B," "C" and "D" and for reference purposes
incorporated herein.
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ADOPTED this 9th day of October , 1979.
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ATTEST:
City Clerk
R�TIFIED-AS TH *INAL
CITY CLERK OF THE CITY OF N -WPO&T
OCT 1 1 1979
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