HomeMy WebLinkAboutF-10d - Right-Of-Way Acquisition for the Widening of Coast Highway from Jamboree Road through Bayside DriveFebruary 22, 1988
B3 AE CITY COUNGILCITY COUNCIL AGENDA
CITY OF NEWPORT CEACATEM NO. F-10 d
FEB 2 2 1988
TO: CITY COUNCIL C/ 07t 2
FROM: Public Works Department
SUBJECT: RIGHT-OF-WAY ACQUISITION FOR THE WIDENING OF COAST HIGHWAY FROM
JAMBOREE ROAD THROUGH BAYSIDE DRIVE
RECOMMENDATIONS:
1. Authorize the notification of impacted property owners that the
City will hold a public hearing to consider the adoption of a
Resolution of Necessity to acquire certain real property needed for
the widening of Pacific Coast Highway.
2. Set a public hearing date for 7:30 p.m., Monday, March 28, 1988,
to consider the adoption of a Resolution of Necessity to acquire
real property in the vicinity of the northerly side of Pacific
Coast Highway, east and west of Bayside Drive.
DISCUSSION:
The second phase of the Coast Highway Widening Project requires the
acquisition of property rights from the DeAnza Corporation and 26 mobile homes in
the DeAnza Bayside Village Mobile Home Park. The underlying property is owned
by the Irvine Company and has been dedicated to the City.
The mobile homes have been appraised. Offers have been made to each
owner to purchase their property at the appraised fair market value. The mobile
home owners have also been offered relocation assistance to help find replace-
ment housing.
22 of the 26 mobile homes have been purchased. 4 mobile home owners
have not accepted the City's offer. Negotiations have been going on since last
August.
The DeAnza Corporation holds the long term lease for the mobile home
park and the boat storage area westerly of Bayside Drive. The leasehold
interests have been appraised and an offer was made to purchase these interests
on February 3, 1988. Negotiations are in progress.
To meet a construction start date of October, 1988, it is necessary to
complete right-of-way acquisition and take possession in July. Federal and
State regulations require a 90 day notice to vacate the property. Backing this
90 day time period up, the City needs to acquire the property in April. To make
certain the April date can be met it is necessary to begin eminent domain pro-
ceedings to acquire the remaining mobile homes and the DeAnza leasehold interests.
The first step is to authorize the notification of the affected pro-
perty owners that the City will hold a public hearing to consider a Resolution
of Necessity to Condemn Real Property. A public hearing is then set approxima-
tely 30 days later. At the public hearing, after taking testimony from the
affected owners, the City council must be able to make the following findings:
(1) that public interest and necessity require the proposed project; (2) that
the proposed project is planned or located in the manner that will be most com-
patible with the greatest public good and least private injury; (3) that the
property sought to be acquired is necessary for the project; and (4) that an
offer of just compensation has been made to those having an interest in said
property.
If the findings are made and the Resolution of Necessity is adopted by
a 2/3 vote (5 of 7), then the City's Council would file an eminent domain action
with the court and request possession of the property. The City must deposit
with the court at the time the action is filed, the full appraised fair market
value of the property. The affected property owner may withdraw the appraised
value without affecting the outcome of the eminent domain action.
It is recommended that the staff be authorized to notify the owners
that would be impacted by the Resolution of Necessity and that a public hearing
be scheduled for 7:30 p.m., Monday, March 28, 1988 at the regular City Council
meeting.
Benjamin B. Nolan
Public Works Director
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