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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. -2- 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 -3- • 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 -4- 3 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. -5- ADOPTED this 9th day of October , 1979. • ATTEST: City Clerk R�TIFIED-AS TH *INAL CITY CLERK OF THE CITY OF N -WPO&T OCT 1 1 1979 WEI ------- I$ Mayor HRC /kv 10/3/79 7777Y vf ajfii� I 46 %ISh. Iv- X tj N N C C4 SCAU AE 6HA-1,Er1V 7- --140El1 = /538,454 CITY OF NEWPORT BEACH I DRAWN--4i/-,&- DATE PUBLIC WORKS DEPARTMENT APPROVED PUBLIC WORKS DIRECTOR "IMS o AVeAGp 7'/011/ 0&• L07".9/ 7Ae 9 R.E. NO. - DRAWING NO.0% is �?m ` E MW a _7x " " ma"zy. u xx n wQ 7.. 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