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
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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
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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
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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
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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'
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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.