HomeMy WebLinkAboutD-3 - Right-Of-Way Acquisition for Widening Coast Highway from jamboree Road through Bayside Drive( 77 )
March 28, 1988
BY THE CITY COUNCILCITY COUNCIL AGENDA
CITY OF NEWPORT BEACHf EM NO. D-3
TO: CITY COUNCIL
FROM: Public Works Department
SUBJECT: RIGHT-OF-WAY ACQUISITION FOR WIDENING COAST HIGHWAY FROM JAMBOREE ROAD
THROUGH BAYSIDE DRIVE
RECOMMENDATION:
1. Hold hearing, close hearing;
2. 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 compatible 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.
3. Adopt a Resolution of Necessity to condemn the described property
for purposes of widening Coast Highway from Jamboree Road through
Bayside Drive.
4. Direct staff to proceed to file eminent domain action with the
court, including retention of outside counsel for the proceedings.
DISCUSSION:
Right-of-way negotiations for the Coast Highway widening project from
Jamboree Road through Bayside Drive (Phase II) have been under way since the
summer of 1987. There are three principal elements of the right-of-way needed
for the project: (1) underlying ownership by the Irvine Company, (2) master
leasehold interest in DeAnza Bayside Village by DeAnza Assets Corporation, and
(3) mobile home sub -leases held by the individual mobile home owners. The
Irvine Company's underlying ownership interest was conveyed to the City at no
cost, with acceptance by the Council on February 8, 1988. An offer to purchase
the DeAnza Assets master leasehold interest was made on February 4, 1988. DeAnza
has not accepted the City's offer to date. Twenty-two (22) of the twenty-five
(25) mobile homes have been acquired. Three (3) mobile home owners have not
accepted the City's offer to date.
To meet a proposed construction start in October, 1988, it is time to
consider the commencement of eminent domain proceedings. This Public Hearing
has been set to receive testimony from affected property owners or their
designated representatives concerning the following four (4) findings that the
City Council must make before adopting a Resolution of Necessity to condemn
property.
1of5
(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 compatible 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.
Listed below are the necessary findings, together with the justification for
each:
1. THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE PROPOSED PROJECT.
During 1983 and 1984 an Environmental Impact Statement
(EIS) was prepared to evaluate the widening of Coast
Highway between a point westerly of Bayside Drive and
MarArthur Boulevard. Public hearings were held during
the preparation of the document and, after a draft of
the document was circulated; the EIS was approved by
the City, Caltrans, and the Federal Highway
Administration (FHWA). The document established that
the project is needed because Coast Highway (SR-1)
within Newport Beach is currently experiencing substan-
tial traffic congestion, insufficient capacity, and
high traffic accident rates. These conditions are
expected to worsen significantly in the future.
The purposes of the project are:
a. to provide and facilitate improved vehicular
circulation along Coast Highway (SR-1) in the
City of Newport Beach for existing transpor-
tation demands and planned residential, commer-
cial, and industrial development which is either
under construction or approved for development
pursuant to the City of Newport Beach General
Plan;
b. to improve travel speeds and reduce traffic
accident rates along Coast Highway (SR-1);
c. to provide improved facilities for public
transportation and alternative modes of travel
(i.e. bus, bicycle, pedestrian); and
2 of 5
d. to implement a portion of the planned cir-
culation system of the City of Newport Beach and
County of Orange.
2. THAT THE PROPOSED PROJECT IS PLANNED OR LOCATED IN THE MANNER THAT WILL BE
MOST COMPATIBLE WITH THE GREATEST PUBLIC GOOD AND LEAST PRIVATE INJURY.
The EIS reviewed and studied alternatives to the pro-
ject which included widening on the north side
(alternative chosen), widening on the south side,
improved transit service, no project, widening on both
sides about a central alignment, a coastal freeway, and
light rail-HOV lanes -fixed guideway. After the comple-
tion of the hearing process, widening on the north side
of Coast Highway was chosen as the most acceptable
alternative.
3. THAT THE PROPERTY SOUGHT TO BE ACQUIRED IS NECESSARY FOR THE PROJECT.
Since the completion and certification of the EIS for
the project, plans for the construction of the widening
of Coast Highway from westerly of Bayside Drive to
easterly of Jamboree Road have been prepared, and are
in the final stages of review. These plans have
established the right-of-way needed for actual roadway
construction, slope construction, temporary construc-
tion easements, and area needed to provide for the
restoration of mobile home park facilities. After
sending out notices for the hearing, the staff made an
additional review of the plans and of the files for the
affected parcels to reaffirm the need for acquisition.
Correspondence from the owner's representative for
mobile home Space No. 332 indicated that it would be
an extreme hardship for the owner to move, especially
if she had to move out of DeAnza Village. This is the
last space on the easterly end that was to be acquired.
By re -designing a proposed parking area and moving the
proposed location for the relocated laundry facility,
Space No. 332 can be retained; and it will not be
necessary to acquire Space No. 332. Plans and property
descriptions have been modified to delete Space No. 332
from the take area. The other three (3) mobile home
sites and parcels indicated to be acquired are needed
for this project. The parcels and mobile home sites
indicated to be acquired all are in the right-of-way
needed for the project as described above.
3of5
4. THAT AN OFFER OF JUST COMPENSATION HAS BEEN MADE TO THOSE HAVING AN INTEREST
IN SAID PROPERTY.
To make this finding it is not necessary to determine
if the offer made by the City's representative is just
compensation, that determination will be made by the
courts. It is only necessary to determine if each
owner has been contacted and that an offer to purchase
the property at the appraised fair market value has
been made. Attached are copies of letters that were
delivered to the following property owners: .
1.
DeAnza
Assets
2.
Sharon
A. Stockley -
Mobile Home Space No. 219
3.
Maria
V. Zerilli -
Mobile Home Space No. 229
4.
Gerald
E. Lester
- Mobile Home Space No. 235
The amount of the offers was determined by a pro-
fessional MAI appraiser, and was the full amount that
the appraiser determined as the fair market value of
the property to be acquired.
The reason for the need to begin eminent domain proceedings at this
time is to allow sufficient time for notices to vacate property to be served;
and time for the occupants to find suitable replacement housing. To meet a
construction start date of October, 1988, the following schedule is needed:
File Eminent Domain Action
Order for Possession Issued
Owners & Occupants Given 90 Day
Notice to Vacate
Property Vacated
Right -of -Way Certified
Plans Approved & Bidding Authorized
Contract Awarded
March 30, 1988
April 5, 1988
April 6, 1988
July 6, 1988
July 15, 1988
August 8, 1988
September 26,1988
4 of 5
An October construction start date allows the major construction items
to be completed before the peak summer traffic periods of 1989.
After receiving testimony concerning the four (4) required findings,
for the project to proceed the City Council needs to support the findings by a
2/3 vote (5 of 7), and must adopt a Resolution of Necessity
by a 2/3 vote (5 of 7).
The staff recommends that outside counsel be retained to file the emi-
nent domain action and handle the necessary court proceedings.
A copy of a sketch showing the parcel locations and mobile home sites
is attached for reference.
Benjamin B. Nolan
Public Works Director
BBN:dw
Attachments
5 of 5
k
n
171
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
(714) 644-3311
June 16, 1987
Maria Zerilli
300 East Coast Highway #229
Newport Beach, CA 92660-6104
Project: COAST HIGHWAY IMPROVEMENT PROJECT
Parcel No.: NPB-001-229
Dear Owner:
The City of Newport Beach intends to acquire the property upon which your
mobile home is located. Therefore it has been determined necessary that the
City offer to acquire your individual unit.
The City of Newport Beach hereby makes an offer to acquire your mobile home
located at 300 East Coast highway #229, Newport Beach, California, for the sum
of:
$17,000.00 MOBILE HOME (INCLUDING SITE IMPROVEMENTS)
The City's offer is the full amount determined to be just compensation for the
property. The basis for that determination is explained in the attached
Appraisal Summary Statement. It is the City's hope that this price is
agreeable to you and that the acquisition can begin immediately.
A representative of John Cutler & Associates, the City's Acquisition Agent,
will work with you in the acquisition of your property and answer any questions
you have regarding this letter and Appraisal Summary Statement. The
Acquisition Agent can be contacted at (213) 427-2333 (collect).
In order to establish your eligibility or the eligibility of those occupying
your property for relocation purposes, it is requested that you acknowledge
receipt of the City's offer by signing a copy of this letter and returning same
to this office. Your signature on the copy does not signify acceptance of the
offer to acquire by the City, it only acknowledges receipt of the City's offer.
Your cooperation in this matter will be greatly appreciated.
Sincerely,
/!�� ll�
Horst Hlawaty
Project Engineer
H1I : JMC : tsw
OFFER RECE�. ED
BY:
DATE
Receipt of Offer'Does Not
Constitute Acceptance
7
3300 Newport Boulevard, Newport Beach
4
' APPRAISAL SUNIWu Y STATI M 14T
PROJECT: COAST HIGHWAY IMPRCVEMENr PROJECT
PARC2, RLFITRENCE: NPB-001-229 DATE: JuYr3 16, 1987
OWNEII: MARIA ZERILLI
?ONI[G: PC TOTAL SPACE AREA: 2, 070 SQ. FT.
PRESENT' USE:
RESIDENTIAL MOBILE HOME
IMPROVEMENT'S: SEE. ATTACHED DESCRIPTION
This approved offer is presented in settlement of the acquisition of your
mobile home, (including site improvements) (hereinafter referred as "property")
as follows:
SEVENTEEN THOUSAND AND N0/100 ............................. DOLLARS ($17 , 000.00 )
The market value of the property being purchascd is based upon an inspection of
the property and consideration of an appraisal prepared by an independent firm
in accordance with accepted appraisal procedures. Valuation of you property is
based upon an analysis of recent sales of comparable sites and sindlar
properties in this locality with consideration to its highest and best use.
Where applicable, the potential fair rental for your property has been
considered by the appraiser. Current construction costs have been considered
in estimating the depreciated present value for any improvements on the
property.
The offer is the full amount believed by the City of Newport Beach to be just
compensation for your property interest. It is not less than the City's
approved appraisal of the Fair Market Value of the property. Any decrease or
increase in the Fair Market Value of the property. Any decrease or increase in
tl-y-, fiu.ir Market Value of the real property to be acquired prior to the date of
valuation causcd by the public improvement or project for which the property .is
to be acquired, or by the likelihood that the property would be acquired for
such improvement or project, other than that due to physical deterioration
within the reasonable control of the cwner, has been disregarded by the City
and its appraisers in making the-ir determination of the Fair Market Vale.:: of
such property.
FAIR MARKET VALUE, as u:ed in the appraisal is ".....the highest price on the
date of valuation that would be agreed by a seller, being willing to sell but
urJer no particular or urgent necessity for so doing, or obligated to sell, and
a buyer, being ready, willing zuU able to buy but under no particular necessity
for so doing, each dealing with the other with full knowledge of all the uses
and purposes for which the property is reasonably adaptable and available."
(Section 1263.320 Cede of Civil Procedure).
The determination of just compensation does not reflect any consideration of or
allowance for any relocation assistance and payments to which the owner or
tenant is entitled to receive under Title II of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 or of the City's
agreement to pay certain settic-inent costs.
EXHIBIT "A"
OWNER: MARIA ZERILLI
PARCEL NO: NPB-001-229
ITEM: MOBILE HOME
DESCRIPTION
MAKE: BEL AIRE
MODEL: DOUBLE WIDE
YEAR aJILT: 1965
SIZE: ±10' X 46' PLUS ±10' X 321; ±780 S/F TOTAL; 2 BEDROOMS; 1 BATH
LICENSE NO,: FB 1246 AND FB1247
COACH SERIAL NUMBER: S2494XXU AND 52494XX
OTHER IMPRCJVEMENPS: FRONT PORCH, CARPORT, STORAGE SHEDS (2), LANDSCAPING, YARD/
PATIO
i
A
r
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPAR"1'MENT
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
(714)644-3311
June 16, 1987
Sharon Stockley
300 East Coast Highway #219
Newport Beach, CA 92660-6114
Project: COAST HIGHWAY IMPROVEMENT PROJECT
Parcel No.: NPB-001-219
Dear Owner:
The City of Newport Beach intends to acquire the property upon which your
mobile home is located. Therefore it has been determined necessary that the
City offer to acquire your individual unit.
The City of Newport Beach hereby makes an offer to acquire your mobile home
located at 300 East Coast Highway #219, Newport Beach, California, for the sum
of:
$13,500.00 MOBILE HOME (INCLUDING SITE IMPROVEMENTS)
The City's offer is the full amount determined to be just compensation for the
property. The basis for that determination is explained in the attached
Appraisal Summary Statement. It is the City's hope that this price is
agreeable to you and that the acquisition can begin immediately.
A representative of John Cutler & Associates, the City's Acquisition Agent,
will work with you in the acquisition of your property and answer any questions
you have regarding this letter and Appraisal Summary Statement. The
Acquisition Agent can be contacted at (213) 427-2333 (collect).
In order to establish your eligibility or the eligibility of those occupying
your property for relocation purposes, it is requested that you acknowledge
receipt of the City's offer by signing a copy of this letter and returning same
to this office. Your signature on the copy does not signify acceptance of the
offer to acquire by the City, it only acknowledges receipt of the City's offer,
Your cooperation in this matter will be greatly appreciated.
Sincerely,
ice,-- /.&Z-V
Ilorst Hlawaty
Project Enginee-r
I111:JMC: tsw
OFFER RECEIVED
BY
DATE:. a - 9
Receipt of ( er Does Not
Constitute Acceptance
3300 Newport Boulevard, Newport Beach
I
6,
APPRAISAL, S U1dMARY STATL2v1ENT
WECT: COAST' 11IG119A.Y IMPR01TLb1t 1\1r PI: aJlr '
PARCL'L 11 FUd-;NCE: NPB-001-001-219 DATE: Juts 16, 1987
OtrNM. SHARON STOCKLEY _
PROA.-IEEUY ADDRESS: 300 EAST COAST HIGHWAY, #219, NEWPORT BEACH, CA 92660-6114
ZONING: PC TOTAL SPACE AREA: 1,820 SQ. FT.
PRESENT USE: RESIDENTIAL MOBILE HOME
I MPROVDIENTS :
This approved
mobile hone,
as follows:
SEE A'ITACHf-D DESCRIP'ITtON
offer is presented in settlement of the acquisition of your
(including site improvements) (hereinafter referred as "property")
THIRTEEN THOUSAND FIVE HUNDRED AND NO/100...................DOLLARS ($13,500.00)
The market value of the property being purchased is based upon an inspection of
Lfie property and consideration of an appraise prepared by an independent firin
in accordance with accepted appraisal procedures. Valuation of you property is
Lased upon an analysis of recent sales of comparable sites and similar
properties in this locality with consideration to its highest and best use.
Wriere applicable, the potential fair rental for your property has been
considered by the appraiser. Current construction costs have been considered
in estimating the depreciated present value for any improvements on the
pro�erty.
I1ie offer is the full amount believed by the City of Newport Beach to be just
compensation for your property interest. It is not less than the City's
approved appraisal of the Fair Market Value of the property. Any decrease or
increase in the Fair Market Value of the property. Any decrease or increase in
the Fair Market Value of tl-,e real property to be acquired prior to the date (A
valuation caused by the public iriprovEinent or project for which the property is
to be acquired, or by the likelihood that the property would be acquiral for
such improvement or project, other t},an that due to physical deterioration
within the reasonable control of the owner, has been disregarded by the City
and its appraisers in making their determination of the Fair Market Value of
such property.
PAIR MARKET VALUE, as used in the appraisal is ".....the highest price on the
date of valuation that would be agreed by a seller, being willing to sell but
under no particular or urgent necessity for so doing, or obligated to sell, and
a buyer, being ready, willing cu-d able to buy but under no particular necessity
for so doing, each dealing with the other with full knowledge of all the u-,es
and purposes for which the property is reasonably adaptable and available."
(Section 1263.320 Code of Civil Procedure).
The determination of just compensation does not reflect any consideration of or
allowance for any relocation assistance and payments to which the owner or -
tenant is entitled to receive wider Title II of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 or of the City's
agreeinent to pay curtain settlement costs.
to
OWN Ell :
PARCEL NO:
ITEM:
DESCRIPTION
MAKE:
MODEL:
YEAR BUILT:
SIZE:
LICENSE NO.:
CCAa I SERIAL NUMBER:
OITIIR IMPROJE14ENTS:
0
EXHIBIT "A"
SHARON STOCKLEY
NPB-001-219
MOBILE HOME
ANDERSON
SINGLE -WIDE EXPANDO
1961
±10' X 48' + IRREGULARLY SHAPED EXPANDOS; ±542 S/F; ONE BEDROOM;
ONE BATH
CT7481
07615717
FRONT PORCH, CARPORT, STORAGE SIiEDS (2), LANDSCAPING, FENCING,
PATIO
Gerald Lester
300 East Coast
Newport Beach,
0
CITY OF NEWPOR T BEACH.
PUBLIC WORKS DEPARTMENT
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
(714)644-3311
Highway #235
CA 92660-6120
June 16, 1987
Project: COAST HIGHWAY IMPROVEMENT PROJECT
Parcel No.: NPB-001-235
Dear Owner:
The City of Newport Beach intends to acquire the property upon which your
mobile home is located. Therefore it has been determined necessary that the
City offer to acquire your individual unit.
The City of Newport Beach hereby makes an offer to acquire your mobile home
located at 300 East Coast Highway #235, Newport Beach, California, for the sum
of:
$23,000.00 MOBILE HOME (INCLUDING SITE IMPROVEMENTS)
The City's offer is the full amount determined to be just compensation for the
property. The basis for that determination is explained in the attached
Appraisal Summary E_atement. It is the City's hope that this price is
agreeable to you and that the acquisition can begin immediately.
A representative of John Cutler & Associates, the City's Acquisition Agent,
will work with you in the acquisition of your property and answer any questions
you have regarding this letter and Appraisal Summary Statement. The
Acquisition Agent can be contacted at (213) 427-2333 (collect).
In order to establi,h your eligibility or the eligibility of those occupying
your property for relocation purposes, it is requested that you acknowledge
receipt of. the City's offer by signing a copy of this letter and returning same
to this office. Your signature on the copy does not signify acceptance of the
offer to acquire by the City, it only acknowledges receipt of the City's offer.
Your cooperation in this matter will be greatly appreciated.
Sincerely,
//,,1aw�.a-,J4
Horst 11aty
Project Engineer
I IH : JMC : t sw
OFFER RECEIVEDD
BY: '1/rl �i.EC—XL
DATE • 4- • Z,% 5ef
Receipt of Offer Does Not
Constitute Acceptance
3300 Newport Boulevard, Newport Beach
n
APPRAISAL SU1,1ngRY STATEMENT
ECT: COAST HI054AY IMPROJLMENl' PROJEC1'
PARCEL REFERL:NCE: NPB-001-235 DATE: Juice 16, 1987
OWNER: GERALD LESTER
PROPM`Y ADDRESS:_ 300 EAST COAST HIGHWAY, #235, NEWPORT BEACH, CA 92660-6120
ZONING: PC
PRESENT USE:
IMPROJEMENrS:
This approved
mobile hone,
as follows:
TCffAL SPACE AREA: 2,267 SQ. FT.
R=DairIAL MOBILE HOME
SEE ATTACHED DESCRIPTION
offer is presented in settlement of the acquisition of your
(including site improvements) (hereinafter referred as "property")
TWENTY THREE THOUSAND AND N01100...........................DOLLARS ($23,000.00)
The market value of the property being purchased is based upon an inspection of
the property and consideration of an appraisal prepared by an independent firm
in accordance with accepted appraisal procedures. Valuation of you property is
based upon an analysis of recent sales of comparable sites and similar
properties in this locality with consideration to its highest and best use.
Where applicable, the potential fair rental for your property has been
considered by the appraiser. Current construction costs have been considered
in estimating the depreciated present value for any improvements on the
property.
The offer is the full amount believed by the City of Newport Beach to be just
comper--ation for your property interest. It is not less than the City's
approved appraisal of the Fair Market Value of the property. Any decrease or
increase in the Fair Market Value of the property. Any decrease or increase in
the Fair Market Value of the real property to be acquired prior to the date of
valuation caused by the public improvement or project for which the property is
to be acquired, or by the likelihood that the property would be acquired fcr
such improvernerit or project, other than that due to physical deterioration
within the reasonable control of the owner, has been disregarded by the City
and its appraisers in making their determination of the Fair Market Value of
such property.
1'AIR MARKET VALUE, as used in the appraisal is ".....the highest price on the
date of valuation that would he agreed by a seller, being willing to sell but
under no particular or urgent necessity for so doing, or obligatW to sell, and
a buyer, being re ►dy, willing and able to buy but under no particular necessity
for so doing, each dealing with the other with full knowledge of all the uses
and purposes for which the property is reasonably adaptable and available."
(Section 1263.320 Code of Civil Procedure).
The det.-xndnation of just compensation does not reflect any consideration of or
allowance for any relocation assistance and payments to which the owner or
tenant is entitled to receive under Title II of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 or of the City's
agreement to pay certain settlement costs.
13
OWNIN :
PARCEL NO:
ITEM:
DESCRIPTION
MAIa :
MODEL:
YEAR BUILT:
SIZE:
LICINSE NO.:
i®
EXHIBIT "A"
GERALD LESTER
NPB-001-235
MOBILE I-IOMC
ro
BROADMORE
DOUBLE -WIDE
1965
±20' X 54'; ±1,040 S/F; 2 BEDROOMS; 2 BATHS
AR6934 AND AR6935
COACH SM IAL NUMBER: AB5BBS0255XX AND AB5BBS0255XXU
OTHM IMPROVEMENTS: FRONT PORCH, CARPORT, STORAGE SHEDS (2), LANDSCAPING,
FENCING,
ly
El
CITY OF NEWPORT BEACH
. PUBLIC WORKS DEPARTMENT
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
(714) 644-331 1
January 28, 1988
De Anza Newport Mobile Estates
Newport Back Bay Realty Company
9171 Wilshire Boulevard
Beverly Hills, CA 90210
Regarding: Coast Highway Improvement Project
Your interests as Lessee and Sub Lessee
Parcels 2, 6, 8 and 10
Dear Property Owner:
The property in which you have a leasehold interest and which is referenced
above, is located within the Coast Highway Improvement Project Area. The City
has acquired the underlying interest and seeks to acquire your interest in said
property.
The City of Newport Beach hereby makes an offer to acquire your interest in
Parcels 2, 6, 8 and 10 for the sum of $881,370.00.
The City's offer is the full amount determined to be Just Compensation for the
property interest. The basis for that determination is explained in the
attached Appraisal Summary Statement. It is the City's hope that this price is
agreeable to you and that the acquisition can begin immediately.
John Cutler & Associates, the City's Acquisition Agent, will work with you in
the acquisition of your property interest and answer any questions you have
regarding this letter and Appraisal Summary Statement. The Acquisition Agent
can be contacted at (213) 427-2333 (collect).
It is requested that you acknowledge receipt of the City's offer by signing a
copy of this letter and returning same to this office. Your signature on the
copy does not signify acceptance of the offer to settle the acquisition by the
City, it only acknowledges receipt of the City's offer.
Your cooperation in this matter will be greatly appreciated.
Sincerely, OFFER RVEIVED
/,� O / /,�Gu/�
Horst Hlawaty DATE:
Project Engineer Receipt of Offer Does Not
Constitute Acceptance
DW:JMS:slc
3300 Newport Boulevard, Newport Beach
15'•-
*
SUMMARY STATEMENT
E]
PROJECT: COAST HIGHWAY IMPROVEMENT PROJECT
PARCEL REFERENCE: PARCELS 2,6,8 AND 10 DATE: JANUARY 28, 1988
LESSEE/SUBLESSEE: DeANZA NEWPORT MOBILE ESTATES, NEWPORT BACK BAY REALTY CO.
PROPERTY ADDRESS: 300 E. COAST HIGHWAY, NEWPORT BEACH, CA
LEGAL DESCRIPTION: SEE EXHIBIT ATTACHED
ZONING: PC TOTAL AREA: 122,353 SQ. FT. TOTAL TAKE: 122,353
PRESENT USE: MOBILE HOME PARK
IMPROVEMENTS: PAVING, STORAGE AND SERVICE STRUCTURES
This approved offer is presented in full settlement of the acquisition of your
real property interests including improvements as follows:
EIGHT HUNDRED EIGHTY ONE THOUSAND THREE HUNDRED SEVENTY AND NO/100...... DOLLARS
($881,370.00)
The valuation of your property is based upon an analysis of recent sales of
comparable sites and similar properties in this locality with consideration to
its highest and best use. Where applicable, the potential fair rental for your
property has been considered in the analysis. Current construction costs have
been considered in estimating the depreciated present value for any
improvements on the property.
The offer is the full amount believed by the City of Newport Beach to be just
compensation for your property interest. Any decrease or increase in the Fair
Market Value of the real property to be acquired prior to the date of valuation
caused by the public improvement or project for which the property is to be
acquired, or by the likelihood that the property would be acquired for such
improvement or project, other than that due to physical deterioration within
reasonable control of the owner, has been disregarded by the City in making
their determination of the fair market value of such property.
FAIR MARKET VALUE, as used in the valuation is ".... the highest price on the
date of valuation that would be agreed by a seller, being willing to sell but
under no particular or urgent necessity for so doing, or obligated to sell, and
a buyer, being ready, willing and able to buy but under particular necessity
for so doing, each dealing with the other with full knowledge of all the uses
and purposes for which the property is reasonably adaptable and available."
(Section 1263.320 Code of Civil Procedure).
Determination of just compensation does not reflect any consideration of or
allowance for any relocation assistance and payments to which the owner or
tenant is entitled to receive under Title II of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 or the City's
agreement to pay certain settlement costs.
16
r]
Parcel #2, as described in the State of California, Departni`nt
of Transportation Right of Way Map Portion P2 -3885, sheet
3 of 3.
Those portions of Blocks 54 and 94 of Irvine's supalvisiuii
as shown on the map recorded in Book 1, Page 88 of Miscel-
laneous Record Maps, in the Office of the County Recorder of
Orange County, described as follows:
Commencing at the southeast corner of the land described as
Parcel 2 in the easement deed recorded in Book 4017, Page
298 of Official Records of said County, said point being the
True Point of Beginning; thence N46'201421114 along the
easterly line of said parcel, 38.13 feet; thence
1410"02129"E, 20.42 feet; thence S36"58143"E, 19.98 feet to a
point on a non -tangent curve concave southwesterly with a
radius of 1081.00 feet, the radial to said point bears
S05"59153"W; thence southeasterly along said curve through a
central angle of 0103913911, an arc distance of 31.34 feet;
thence N53"07100"E, 12.78 feet; thence S81'1611L"E, 22.55
feet; thence S35"39122"E, 12.78 feet to a point on a non -
tangent curve concave southwesterly with a radius of 1081.00
feet, the radial to said point bears S09"4810511W; thence
s utheasterly along said curve through a central angle of
06"08110", an arc distance of 115.77 feet to a point on a
tangent curve with a radius of 1995.95 feet, the radial to
said point of compound curvature bears S15"56'15"td; thence
southeasterly along said curve through a central angle of
2"5811011, an arc distance of 103.44 feet; thence
N64"09159"E, 8.51 feet; thence S70'21143"E, 39.00 feet;
thence S24"53126"E, 8.51 feet to a point on a non -tangent
curve concave southwesterly with a radius of 1995.95 feet,
the radial to said point bears S20022109"W; thence south-
easterly along said curve t-`�rough a central angle of
06-0114811, an arc distance of 210.06 feet; thence.
1471°39131"E, 8.51 feet; thence S62"52111"E, 39.00 feet;
thence S17"23154"E, 8.51 feet to a point on a non -tangent
curve concave southwesterly with a radius of 1995.95 feet,
the radial to said point bears S27°51141"W; thence south-
easterly along said curve through a central angle of
03"3412011, an arc distance of 124.44 feet; thence
N76"41135"E, 8.51 feet; thence S57°50107"E, 39.00 feet;
thence S12"21150"E, 8.51 feet to a point on a non -tangent
curve concave southwesterly with a radius of 1995.95 feet,
the radial to said point bears S32'53'45"W; thence south-
easterly along said curve through a central angle of
08"0513311, an arc distance of 281.90 feet; thence
S49"00143"E, 282.50 feet; thence S22'291401'E, 80.63..feet;
thence N49"00143"W, 332.67 feet to a point on a tangent
curve concave southwesterly with a radius of 2050.00 feet;
thence northwesterly along said curve through a central
angle of 29"12113", an arc distance of 1044.88 feet .to the
True Point of Beginning.
Containing 1.19 Acres more or less.
EXHIBIT "A"
n
Parcel #6, as described in the State of California, Department
of Transportation bight of Way Map Portion P2 -3885, slieet
3 of 3.
`Whose portions of Blocks 54� and 94 of Irvine's subdivision
as shown on the map recorded in Book 1, Page 88 of Miscel-
laneous Record Maps, in the Office of the County Recorder of
Orange County, described as follows:
Commencing at the southeast corner of the land described as
Parcel 2 in the easement deed recorded in Book 4017, Page
298 of Official Records of said County; thence 1446a2014211W
along the easterly line of said parcel, 38.13 feet; thence
N10"02129"E, 20.42 feet to the True Point of Beginning;
thence S36058143"E, 19.98 feet to a point on a non -tangent
curve concave southwesterly with a radius of 1081.00 feet,
the radial to said point bears S05°59153"W; thence
southeasterly along said curve through a central angle of
01"3913911, an arc distance of 31.34 feet; thence
N53"07100"E, 12.78 feet; thence S81'16'11"E,:22..55 feet;
thence S35"39122"E, 12.78 feet to a point on a non -tangent
curve concave southwesterly with a radius of 1081.00 feet,
the radial to said point bears S09`48105"W; thence
southeasterly along said curve through a central angle of
06"08110", an arc distance of 11.5.77 feet to a point on a.
tangent curve with a radius of 1995.95 feet, the radial to
said point of compound curvature bears S15"56115"14; thence
southeasterly along said curve through a central angle of
2"58110", an arc distance of 103.44 feet; thence
1164"09159"E, 8.51 feet; thence S70"21143"E, 39.00 feet;
thence S24"5312611E, 8.51 feet to a point on a non -tangent
curve concave southwesterly with a radius of 1995.95-feet,
the radial to said point bears S20°22'09111q; thence south-
easterly along said curve through a central angle of
06"0114811, an arc distance of 210.06 feet; thence
1471"39131"E, 8.51 feet; thence S62"52'11"E, 39.00 feet;
thence S17"23'54"E, 8.51 feet to a point on a non -tangent
curve concave southwesterly with a radius of 1995.95 feet,
the radial to said point bears S27051141"W; thence south-
easterly along said curve through a central angle of
0313412011, an arc distance of 124.44 feet; thence
N76"A113511E, 8.51 feet; thence S57"50107"E, 39.00 feet;
thence S12"21'50"E, 8.51 feet to a point on a non -tangent
curve concave southwesterly with a radius of 1995.95 feet,
the radial to said point bears S32"53145"W; thence south-
easterly along said curve through a central angle of
05"2812511, an arc distance of 190.67 feet; thence
1g37"52146"E, 20.45 feet to a point on a non-tangent.,curve
concave southwesterly with a radius of 14.58.24 feet, the
radial to said point bears 1439"16'07"E; thence northwesterly
along said curve through a central angle of 12"2013211, an
arc distance of 314.12 feet to a point of a non -tangent
curve concave southwesterly with a radius of 1935.60 feet, a
radial to said point bears S3002612911W; thence northwesterly
along said curve through a central angle of 12'57135" an arc
EXHIBIT "A"
E
r]
VJ
distance of 437.83 feet; thence S17'28155"W, 10.20 feet;
thence N74"47'3111W, 240.64'feet; thence S10"02'29"W, 12.41
feet to the- True Point of Beginning.
Contain 0.39 Acres more or less.
-,.
n
n
Parcel //8, as described in the State of California, Department
of Transportation Right of Vlay Map Portion P2 --3885, sl-iec�t
3 of 3.
That portion of Block 54 of Irvine's Subdivision, as shown
on the map recorded in Book 1, Page 88 of Miscellaneous
IYlaps, in the Office of the County Recorder of orange County,
described as follows:
Commencing at the easterly terminus of that line described
as 1461°36141"W 602.82 feet of the Adjudicated Line recorded
as S.C. 20436; thence westerly along said line 602.13 feet
to the True Point of Beginning; thence N22"29140"W 43.37
feet; thence N49°00143111q 292.98 feet to a point on a tangent
curve concave southwesterly with a radius of 1458.24 feet;
thence northwesterly along said curve through a central
angle of 01143'1111, an arc distance of 43.77 feet.; thence
S37°52146"W, 20.45 feet to a point on a curve concave
southwesterly with a radius of 1995.95 feet, the radial to
said point bears S38022109"W; thence southeasterly along
said curve through a central angle of 02"37108", an arc
distance of 91.23 feet; thence S49a001431E, 282.50 feet;
thence I422"2914011W, 42.55 feet to the True Point of
Beginning.
Containing 0.16 Acres more or less.
EXHIBIT "A"
Parcel ff10, as described in the State of California,
Department of Transportation Right of Way Map Portion P2-3885,
sheet 3 of 3.
Those portions of Blocks 54 and 94 of Irvine's subdivision
as shown on the map recorded in Book 1, Page 88 of
i•liscellaneous Record tdaps, in the Office of the County
Recorder of Orange County, described as follows:
Commencing at the southeast corner of the land described as
Parcel 2 in the easement deed recorded in Book 4017, Page
298 of Official Records of said County; thence N46020142"W,
38.13 feet; thence N10"02'2911E, 32.83 feet; thence
S74"47131"E, 59.69 feet to the True Point of Beginning;
thence N15"1212911E, 20.37 feet; thence S74"47136"E, 133.94
feet; thence N14"06'44"E, 27.87 feet; thence S67'30'3611E,
451.18 feet; thence S3102410311E, 32.96 feet; thence
S6000410611E, 67.93 feet; thence N67"24118"E, 56.38 feet;
thence S22"26133"E, 72.31 feet; thence S55`571(17"E, 60.27
feet; thence N66"45'12"E, 50.96 feet; thence S23001134"E,
63.65 feet; thence N64"57151"E, 79.87 feet; thence
S22"1612211E, 165.97 feet; thence N67"43138"E, 57.81 feet to
a point on the adjudicated line describe in S.C. 20436 of
official Records of said County; thence S22"29140"E along
said adjudicated line, 177.31 feet; thence 1449"00143"W,
292.98 feet to a point on a curve concave southwesterly With
a radius of 1458.24 feet; thence northwesterly along said
curve through a central angle of 1,100314211, an arc distance
of 357.89 feet to a point on a non -tangent curve concave
southwesterly with z radius of 1935.68 feet, radial to said
curve at this point bears N30"26129"E; thence northwesterly
along said curve through a central angle of 12"5713511, an
arc distance of 437.83 feet; thence S17"28155"4d, 1J.20 feet;
thence N74147'31"W, 180.95 feet to the True Point of
Beginning.
Containing 1.03 Acres more or less.
EXHIBIT "A"
El
11
CITE' OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
(714) 644-3311
January 29, 1988
De Anza Newport Mobile Estates
Newport Back Bay Realty Company
9171 Wilshire Boulevard
Beverly Hills, CA 90210
Regarding: Coast Highway Improvement Project
Your interests as Lessee and Sub Lessee
Parcel 1
Dear Property Owner:
The property in which you have a leasehold interest and which is referenced
above, is locat-.d within the Coast Highway Improvement Project Area. The City
has acquired the underlying interest and seeks to acquire your interest in said
property.
The City of Newport Beach hereby makes an offer to acquire your interest in
Parcel 1 for the sum of $3,170.00
The City's offer is the full amount determined to be Just Compensation for the
property interest. The basis for that determination is explained in the
attached Appraisal Summary Statement. It is the City's hope that this price is
agreeable to you and that the acquisition can bF-in immediately.
John Cutler & Associates, the City's Acquisition Agent, will work with you in
the acquisition of your property interest and answer any questions you have
regarding this letter and Appraisal Summary Statement. The Acquisition Agent
can be contacted at (213) 427-2333 (collect).
It is requested that you acknowledge receipt of the City's offer by signing a
copy of this letter and returning same to this office. Your signature on the
copy does not signify acceptance of the offer to settle the acquisition by the
City, it only acknowledges receipt of the City's offer.
Your cooperation in this matter will be greatly appreciated.
OFFER R, EIVED
•
DATE • ,>% O
•Receipt of Offer Does Not
Constitute Acceptance
Sincerely,
//" / //,, -, �4
Horst Hlawaty
Project Engineer
DW:JMS:slc
3300 Newport Boulevard, Newport Beach
0
SUMMARY STATEMENT do
PROJECT:
COAST HIGHWAY IMPROVEhIENT PROJECT
PARCEL REFERENCE: PARCEL 1
DATE: JANUARY 28, 1988
LESSEE/SUBLI'SSLE: DeANZA NEWPORT MOBILE ESTATES, NEWPORT BACK BAY REALTY, CO.
1'ROPL;R'IT AIA)RI-;SS: NORTH OF PACIFIC COAST HIGHWAY WEST OF BAYSIDE AV],INUE
LEGAL DESCRIPTION: SEE EXHIBIT ATTACHED
ZONING: RECREATIONAL AND MARINE COMMERCIAL
TOTAL AREA: 2,882 SQ. FT. TOTAL TAKE: 2,882
PRESENT USE: DRY BOAT STORAGE
IMPROVEMENTS: PAVING
This approved offer is presented in full settlement of the acquisition of your
real property interests including improvements as follows:
THREE THOUSAND ONE HUNDRED SEVENTY AND N0/100...............DOLLARS ($3,170.00)
The valuation of: your property is based upon an analysis of recent sales of
comparable sites and similar properties in this locality with consideration to
its highest and best use. Where applicable, the potential fair rental for your
property has been considered in the analysis. Current construction costs have
been considered in estimating the depreciated present value for any
improvements on the property.
The offer is the full amount believed by the City of Newport Beach to be just
compensation for your property interest. Any decrease or increase in the Fair
Market Value of the real property to be acquired prior to the date of valuation
caused by the public improvement or project for which the property is to be
acquired, or by the likelihood that the property would be acquired for such
improvement or project, other than that due to physical deterioration within
reasonable control of the owner, has been disregarded by the City in making
their determination of the fair market value of such property.
FAIR MARKET VALUE, as used in the valuation is ".... the highest price on the
date of valuation that would be agreed by a seller, being willing to sell but
under no particular or urgent necessity for so doing, or obligated to sell, and
a buyer, being ready, willing and able to buy but under particular necessity
for so doing, each dealing with the other with full knowledge of all the uses
and purposes for which the property is reasonably adaptable and available."
(Section 1263.320 Code of Civil Procedure).
Determination of just compensation does not reflect any consideration of or
allowance for any relocation assistance and payments to which the owner or
tenant is entitled to receive under Title II of the Uniform Relocation
Assistance and Real. Property Acquisition Policies Act of 1970 or the City's
Ligreement to pay certain settlement costs.
A
or
fF�
Parcel fil, as described in the State of California, Department
of Transportation Right of Way Map Portion P2-3885, sheet
3 of 3.
That portion of Block 54 of Irvine's subdivision as shorn Oil
the map recorded in Book 1, Page 88 of rliseellaneous Record
Maps, in the Office of the County Recorder of Orange County,
described as follows:
Commencing at the southwest corner of the land described as
Parcel 1 in the easement deed to County Sanitation District
No. 5 of Orange County recorded in Book 7661, Page 741 of
Official Records of said County, said point being the True
Point of Beginning; thence N01°47143"W along the easterly
line of said Parcel, 11.77 feet; thence S87'37113"E,. ' 34
feet; thence S79"44147"E, 73.00 feet;
thence S37, 37'13"L,
24.16 feet; thence NO2°22'47"E,
ence
S87"37'13"E, 12.00 feet; thence S02'221471114 4.00 feet;
thence N71"14123"E, 27.59 feet to a point on the westerly
right-of-way line of that certain 10 foot strip ,of land,
conveyed to the County of Orange for highway purposes and
described as Parcel A in a deed recorded in Book 4017,
Page
298 of Official Records of said County; thence S10'021291114,
along said westerly right-of-wa; line, 4.00 feet to the
northerly corner of the triangular shaped parcel described
as Parcel 1 in said Book 4017, Page 298 of Official l:ecords;
thence S5411214811W along the northwesterly line of said
triangular shaped parcel, 28.69 feet to a point on a non
tangent curve concave southerly having a radius of 2050.00
feet, said point being on the northerly right-of-way line of
Pacific Coast II.'3hway as described by the deed recorded in
Ciool: 487, Page 3 of Official Records of said County.; radial
S5"E; thence westerly along said
to said point bears N08°05'
curve through a central angle of 06°32'18", an arc distance
of 233.94 feet to the True Point of Beginning.
Containing 0.07 Acres more or less.
EXHIBIT "A"
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ec
9
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531470.1217 497607.554S 87°37�t3E
12.00
497607.3824-
531470.6199 NO2�22�47"E 4.00'
497595.�d491 A
roc .
S3/
C16 - s
PROPOSED ACQUISITION
WESTERLY LARGER PARCEL
Adapted from State of California Department of Transportation
WW map prepared by ASL Consulting Engineers
Dated 1/15/86; Printed 6/5/87
\_531466.6234
\ 497595.3 98 8
DETAIL "B"
9S. �
'0 200
o�.
99;�p'�4
n
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
(714) 644-3311
De Anza Newport Mobile Estates
Newport Back Bay Realty Company
9171 Wilshire Boulevard
Beverly Hills, CA 90210
Regarding: Coast Highway Improvement Project
Your interests as Lessee and Sub Lessee
Parcel 9
January 29, 1988
Dear Property Owner:
The property in which you have a leasehold interest and which is referenced
above, is located within the Coast Highway Improvement Project Area. The City
has acquired the underlying interest and seeks to acquire your interest in said
property.
The City of Newport Beach hereby makes an offer to acquire your interest in
Parcel 9, a Temporary Construction Easement, for the sum of $20,710.00 for a
one (1) year term from the date the construction contract is awarded. This
date is estimated to be October 1, 1988. The City agrees co provide a 60 day
notice prior to taking possession of the property.
If the term is extended to two years, at the beginning of the second term, the
City shall pay an additional $19,028.00 for the second 12 months; and if the
term is extended to three years, the City shall pay an additional $15,619.00
for the third 12 month term. If 36 months are required, the total of just
compensation payable by the,City will be $55,357.00.
The City's offer is the full amount determined to be Just Compensation for the
property interest. The basis for that determination is explained in the
attached Appraisal Summary Statement. It is the City's hope that this price is
agreeable to you and that the acquisition can begin immediately.
John Cutler & Associates, the City's Acquisition Agent, will work with you in
the acquisition of your property interest and answer any questions you have
regarding this letter and Appraisal Summary Statement. The Acquisition Agent
can be contacted at (213) 427-2333 (collect).
It is requested that you acknowledge receipt of the City's offer by signing a
copy of this letter and returning same to this office. Your signature on the
copy does not signify acceptance of the offer to settle the acquisition by the
City, it only acknowledges receipt of the City's offer.
Your cooperation in this matter will be greatly appreciated.
Sincerely, OFFER R IVED
Horst I-Ilawaty DATE:
Project Engineer Receipt of Offer Does Not
Constitute Acceptance
H11: JHS : slc 3300 Newport Boulevard, Newport Beach
,?-L
SUMMARY STATEMENT
PROJECT: COAST IiIGHWAY IMPROVEMENT PROJECT
PARCEL REFERENCE: PARCEL 9 DATE:
JANUARY 28, 1988
LESSEE/SUBLESSEE: DeANZA NEWPORT MOBILE ESTATES NEWPORT BACK BAY REALTY CO.
PROPERTY LOCATION: NORTH OF PACIFIC COAST HIGHWAY• WEST OF BAYSIDE DRIVE
LEGAL DESCRIPTION: FULL LEGAL TO FOLLOW
ZONING: RECREATION AND MARINE COMMERCIAI
SEE MAP ATTACHED
TOTAL AREA: 19,603 SQ. FT. TOTAL TAKE: 19,603
PRESENT USE: DRY BOAT STORAGE
IMPROVEMENTS: PAVING/STRUCTURE -
This approved offer is presented in full settlement of the acquisition of your
real property interests including improvements as follows:
TWENTY THOUSAND SEVEN HUNDRED TEN AND N0/100..............DOLLARS ($207710.00)*
'reflects a 1 year term; 2 year term is $39,738; 3 year term is $55,357.00.
The valuation of your property is based upon an analysis of recent sales of
comparable sites and similar properties in this locality with consideration to
its highest and best use. Where applicable, the potential fair rental for your
property has been considered in the analysis. Current construction costs have
been considered in estimating the depreciated present value for any
improvements on the property.
The offer is the full amount believed by the City of Newport Beach to be just
compensation for your property interest. Any decrease or increase in the Fair
Market Value of the real property to be acquired prior to the date of valuation
caused by the public improvement or project for which the property is to be
acquired, or by the likelihood that the property would be acquired for such
improvement or project, other than that due to physical deterioration within
reasonable control of the owner, has been disregarded by the City in making
their determination of the fair market value of such property.
FAIR MARKET VALUE, as used in the valuation is ".... the highest price on the
date of valuation that would be agreed by a seller, being willing to sell but
under no particular or urgent necessity for so doing, or obligated to sell, and
a buyer, being ready, willing and able to buy but under particular necessity
for so doing, each dealing with the other with full knowledge of all the uses
and purposes for which the property is reasonably adaptable and available."
(Section 1263.320 Code of Civil Procedure).
Determination of just compensation does not reflect any consideration of or
allowance for any relocation assistance and payments to which the owner or
tenant is entitled to receive under Title II of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 or the City's
agreement to pay certain settlement costs.
M-A
so2'22'47''w 4,O
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531470. 217 v
497607.5545 n'
S 87037 AYE 531466.1252
12.00 497607.3824
531470.6199 N 02-2
49759552 47"E 4.00
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\ 531466.d234
497595.3988
DETAIL "B"
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2B`'Ftiq',
s3 I �C
PROPOSED ACQUISITION
WESTERLY LARGER PARCEL
Adapted from State of California Department of Transportation
WW map prepared by ASL Consulting Engineers
Dated 1/ 15/86; Printed 6/5/87
9
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S3, 9
9I/ 3 �
g9? g6'? Gs S �9
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s3�61 oo � •
RESOLUTION NO. 88-23
A RESOLUTION OF THE CITY OF NEWPORT BEACH DECLARING THE
NECESSITY TO CONDEMN PROPERTY FOR PURPOSES OF WIDENING
PACIFIC COAST HIGHWAY FROM JAMBOREE ROAD THROUGH BAYSIDE
DRIVE.
WHEREAS, the Charter of the City of Newport Beach and Section 40404 of
the California Government Code provide that the City of Newport Beach (City) may
take or acquire property within the City by condemnation for the widening of streets
and other public highways and places within the City (hereinafter "Project");
WHEREAS, the following described property is located within City, and is
more particularly described in Exhibits "A", "B", "C", "D", "E", & "F" attached
hereto and incorporated herein by reference;
WHEREAS, the following property is in the form of mobile homes and appur-
tances commonly known as Space #219, Space #229 and Space #235, are all located
within the area of take;
WHEREAS, the property to be acquired and interests in property to be
acquired are generally described as: (a) the northwest corner of Bayside Drive and
Coast Highway; and (b) a strip of land on the northside of Coast Highway beginning
at Bayside Drive and extending approximately 1500 feet easterly. The property to be
acquired is commonly known as and includes a portion of the DeAnza Bayside Village
Mobile Home Park and properties appurtenant or adjacent thereto;
WHEREAS, the public interest and necessity require the acquisition of
said property for and in connection with the Project, and the exercise of the
City's power pursuant to Section 40404 of the California Government Code;
WHEREAS, the City needs prejudgment possession of said property;
WHEREAS, the City by and through its officers and agents has sought in
good faith to acquire the described property or interests therein by nego-
tiations with the owners or others having interest therein but has been unable
to do so at a price considered fair and equitable to both parties;
WHEREAS, due and timely notice of hearing was given to the property
owner and/or others having interest in said property on February 23, 1988, and a
hearing has been held by the City Council of the City of Newport Beach pursuant
to Section 1245.235 of the Code of Civil Procedure, and owners who were provided
notice were given a reasonable opportunity to appear and be heard on the matters
referred to in Section 1245.230 of the Code of Civil Procedure;
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of
Newport Beach that:
a. the public interest and necessity require the proposed project;
b. the proposed project is planned or located in the manner that will
be most compatible with the greatest public good and the least
private injury;
c. the interests in property described in Exhibits "A", "B", "C",
"D", "E", & "F" attached hereto are necessary for the proposed
project;
d. the interests in mobile homes commonly known as Space #219, Space
#229 and Space #235, all within the area of take are necessary
for the proposed project; and
e. the offer required by Section 7267.2 of the Government Code has
been made to the owner(s) of record, and/or others having interest
in said property.
IT IS FURTHER RESOLVED that the City Attorney is authorized to prepare
and prosecute in the name of the City, such eminent domain proceedings as are
necessary in the court having jurisdiction, or retain counsel to do so, to depo-
sit funds in court pursuant to Section 1255.010 of the California Code of Civil
Procedure in the probable amount of compensation in order to obtain an Order of
Possession pursuant to Section 1255.410 of the California Code of Civil
Procedure, and to acquire in the name of the City:
a. A permanent easement for street and highway purposes in the property
commonly known as Parcel #1 and more fully described in Exhibit "A",
which is attached hereto.
b. A permanent easement for street and highway purposes in the property
commonly known as Parcel #2 and more fully described in Exhibit "B",
which is attached hereto.
c. Permanent easements for street and highway purposes in the property com-
monly known as Parcels #6 & #8, more fully described in Exhibits
"C" and "D", respectfully, which are attached hereto.
d. Purchase for street and highway purposes of mobile homes commonly
known as Space #219, Space #229 and Space #235, all located within
area of take.
e. Temporary Construction Easements for street and highway purposes in
the property commonly known as Parcel #9 & #10 and more fully
described in Exhibit "E" & "F", respectfully, which are attached
hereto,
in accordance with the provisions of the Code of Civil Procedure, the Government
Code, and the Constitution of California applicable to the City and to said emi-
nent domain proceeding;
IT IS FURTHER RESOLVED that the City manager is authorized to sign all
documents and to carry out the provisions of this resolution. The form of all
documents is subject to approval by the City Attorney.
ADOPTED this 28th day of Pi rch , 1988
ATTEST:
ty Cle
Disk 44/R-DEANZA.1 - .3
Parcel #1► as described in the State of California, Department
of Transportation Right of Way Map Portion P2-3885, sheet
3 of 3.
That portion of Block 54 of Irvine's subdivision as shown on
the map recorded in Book 1, Page 68 of Miscellaneous Record
Maps, in the Office of the County Recorder of Orange County,
described as follows:
Commencing at the southwest corner of the land described as
Parcel 1 in the easement deed to County Sanitation District
No. 5 of Orange County recorded in Book 7661, Page 741 of
Official Records of said County, said point being the True
Point of Beginning; thence N0104714311W along the easterly
line of said Parcel, 11.77 feet; thence S87'37113"E, 123.34
feet; thence S79'44147"E, 73.00 feet; thence S37'37113"E,
24.16 feet; thence NO2'22'47"E, 4.00 feet; thence
-S87037113"E, 12.00 feet; thence S02'2214711W 4.00 feet;
thence N71°14123"E, 27.59 feet to a point on the westerly
right-of-way line of that certain 10 foot strip ,of land
conveyed to the County of Orange for highway purposes and
described as Parcel A in a deed recorded in Book 4017, Page
298 of Official Records of Said County; thence S10'02'29"1q,
along said westerly right -of: -way line, 4.00 feet to the
northerly corner of the triangular shaped parcel described
as Parcel 1 in said Book 4017, Page 298 of Official Records;
thence S54°12148"W along the northwesterly line of said
triangular shaped parcel, 28.69 feet to a point on a non -
tangent curve concave southerly having a radius of 2050.00
feet, said point being on the northerly right-of-way line of
Pacific Coast H:3hway as described by the deed recorded in
Book 487, Page 3 of Official Records of said County; radial
to said point bears N08.05'55"E; thence westerly along said
curve through a central angle of 06°3211811, an arc distance
of 233.94 feet to the True Point of Beginning.
Containing 0.07 Acres more or less.
EXHIBIT "A"
Parcel #2, as described in the State of California, Department
-of Transportation Right of Way Map Portion P2 -3885, sheet
3 of 3.
Those portions of Blocks 54 and 94 of Irvine•s sunaivissoct
as shown on the map recorded in Book 1, Page 88 of Miscel-
laneous Record Naps, in the Office of the County Recorder of
Orange County, described as follows:
Commencing at the.southeast corner of the land described as
Parcel 2 in the easement deed recorded in Book 4017, Page
2,98 of Official Records of said County, said point being the
True Point of Beginning; thence N4602014211W along the
easterly line of said parcel, 38.13 feet; thende
N10'0212911E, 20.42 feet; thence S36'58143"E, 19.98 feet to a
point on a non -tangent curve concave southwesterly with a
radius of 1081.00 feet, the radial to said point bears
S05.5915311W; thence southeasterly along said curve through a
central angle of 0103913911, an arc distance of 31.34 feet;
thence N53'07100"E, 12.78 feet; thence S81'16'11."E, 22.55
:feet; thence S35639122"E, 12.78 feet to a point on a non-
: tangent curve concave southwesterly with a radius of 1081.00
feet, the radial to said point bears S09"48'05"W; thence
southeasterly along said curve through a central angl, of
06'0811D11, an arc distance of 215.77 feet to a -point on z
tangent curve with a -radius of 1995.95 feet, the radial to
said point of compound curvature bears S15.56115"W; thence
southeasterly along said curve through a central angle of
205811011, an arc distance of 103.44 feet; thence
N64"09159"E, 8.51 feet; thence S70'21'4311E, 39.00 feet;
thence S24'53126"E, 8.51 feet to a point on a non -tangent
curve concave southwesterly with a radius of 1995.95 feet,
the radial to said point bears S20022109"SJ; thence. south-
easterly along said curve through a central angle of
06*0114811,#an arc distance of 210.06 feet; thence
N7103913111E, 8.51 feet; thence S6205211111E, 39.00 feet;
thence S17°23154"E, 8.51 feet to a point on a non -tangent
curve concave southwesterly with a radius of 1995.95 feet,
the radial to said point bears S27'51'4111S4; thence south-
easterly along said curve through a central angle of
03*3412011, an arc distance of 124.44 feet; thence
N7604113511E, 8.51 feet; thence S57'50107"E, 39.00 feet;
thence S12'21150"E, 8.51 feet to a point on a non -tangent
curve concave southwesterly with a radius of 1995.95 feet,
the radial to said point bears S32'53145"W; thence south-
easterly along said curve through a central angle of
08.0513311, an arc distance of 281.90 feet; thence
S49'00143"E, 282.50 feet; thence S22'29140"E, 80.63..feet;
thence N49'00'43"W, 332.67 feet to a point on a tangent
curve concave southwesterly with a radius of 2D50.00 feet;
thence northwesterly along said curve through a central
angle of 29*1211311, an arc distance of 1044.88 feet to the
True Point of Beginning.
Containing 1.19 Acres more or less.
EXHIBIT "B"
Parcel #E6, as described in the State of California, Department
of Transportation Right of Way Map Portion P2 -3885, sheet
3 of 3.
Those portions of Blocks 54 and 94 of Irvine's subdivision
as shown on the map recorded in Book 1, Page 88 of Miscel-
laneous Record Maps, in the Office of the County Recorder of
Orange County, described as follows:
Commencing at the southeast corner of the land described as
Parcel 2 in the easement deed recorded in Book 4017, Page
298 of Official Records of said County; thence N46°201421111
along the easterly line of said parcel, 38.13 feet; thence
N10°02129"E, 20.42 feet to the True Point of Beginning;
thence S36°58143"E, 19.98 feet to a point on a non -tangent
curve concave southwesterly with a radius of 1081.00 feet,
the radial to said point bears S05°59153"W; thence
southeasterly along said curve through a central angle of
01*3913911, an arc distance of 31.34 feet; thence
N53°07100"E, 12.78 feet; thence S81'16'11"E,:22.,55 feet;
thence S3503912211E, 12.78 feet to a point on a non -tangent
curve concave southwesterly with a radius of 1081.00 feet,
the radial to said point bear's S09°48105"W; thence
southeasterly along said curve through;a central angle of
06*0811011, an arc distance of 115.77 feet to a point on a
tangent curve with a radius of 1995.95 feet, the radial to
said point of compound curvature bears S15°56115"W; thence
southeasterly along said curve through a central angle of
2*5811011, an arc distance of 103.44 feet; thence
N6400915911E, 8.51 feet; thence S70°21143"E, 39.00 feet;
thence S24°53'2611E, 8.51 feet to a point on a non -tangent
curve concave southwesterly with a radius of 1995.95 feet,
the radial to said point bears S20°22'09"W; thence south-
easterly along said curve through a central angle of
0600114819, an arc distance of 210.06 feet; thence
N71°39131"E, 8.51 feet; thence S6265211111E, 39.00 feet;
thence S17°2315411E, 8.51 feet to a point on a non -tangent
curve concave southwesterly with a radius of 1995.95 feet,
the radial to said point bears S27°51'41"W; thence south-
easterly along said curve through a central angle of
03*3412011, an arc distance of 124.44 feet; thence
N76`41135"E, 8.51 feet; thence S57'50107"E, 39.00 feet;
thence S12°21150"E, 8.51 feet to a point on a non -tangent
curve concave southwesterly with a radius of 1995.95 feet,
the radial to said point bears S32°531451111; thence south-
easterly along said curve through a central angle of
05'2812511, an arc distance of 190.67 feet; thence
N37"52146"E, 20.45 feet to a point on a non-tangent,.curve
concave southwesterly with a radius of 1458.24 feet, the
radial to said point bears N39'16107"E; thence northwesterly
along said curve through a central angle of 12*2013211, an
arc distance of 314.12 feet to a point of a non -tangent
curve concave southwesterly with a radius of 1935.68 feet, a
radial to said point bears S30'2612911W; thence northwesterly
along said curve through a central angle of 12'57133" an arc
EXHIBIT "C"
Page 1 of 2
distance of 437.83 feet; thence S17'28155"W, 10.20 feet;
thence N74'4713111W, 240.64'feet; thence S10'02129"W, 12.41
feet to the True Point of Beginning.
Contain 0.39 Acres more or less:
3 �
EXHIBIT "C"
Page 2 of 2
Parcel #8, as dest---rb.ed:in the State of California, Department
of Transportation Right of Way Map Portion P2-3885, sheet
3 of 3.
That portion of Block 54 of Irvine's Subdivision, as shown
on the map recorded in Book 1, Page 88 of Miscellaneous
Maps, in the Office of the County Recorder of Orange County,
described as follows:
Commencing at the easterly terminus of that line described
as N61°3614111W 602.82 feet of the Adjudicated Line recorded
as S.C. 20436; thence westerly along said line 602.13 feet
to the True Point of Beginning; thence N22°29140"W 43.37
feet; thence N4900014311W 292.98 feet to a point on a tangent
curve concave southwesterly with_a radius of 1458.24 feet;
thence northwesterly along said curve through a central
angle of 01°43'1111, an arc distance of 43.77 feet; thence
S37°521461114, 20.45 feet to a point on a curve concave
southwesterly with a radius of 1995.95 feet, the radial to
said point bears S38022'09"W; thence southeasterly along
said curve through a central angle of 02°3710811, an arc
distance of 91.23 feet; thence S49°0014311E, 282.50 feet;
thence N2 °29'40"W, 42.55 feet to the True Point of
Beginning.
Containing 0.16 Acres more or less.
y
s
EXHIBIT "D"
Parcel #9, as described in the State of California, Department of Transportation
Right of Waylmap--Portion P2-3885, sheet 3 of 3.
That portion of Block 54 of Irvine's subdivision as shown on the map recorded in
Book 1, Page 88 of Miscellaneous Record Maps, in the Office of the County
Recorder of Orange County, described as follows:
Commencing at the southeast corner of the land described as Parcel 1 in the
easement deed to County Sanitation District No. 5 of Orange County recorded in
Book 7661, Page 741 of Official Records of said County; thence N01°47'43"W,
along the easterly line of said Parcel, 11.77 feet to the True Point of
Beginning; thence NO1°47'43"W along the easterly line of said Parcel, 70.86 feet
to the northeasterly corner of said Parcel 1; thence N89°52150"E, 121.33 feet;
thence S82°22155"E, 150.49 feet to a point on the westerly right-of-way line of
that certain 10 foot strip of land conveyed to the County of Orange for highway
purposes and described as Parcel A in a deed recorded in Book 4017, Page 298 of
Official Records of said County* thence S10°02'29"W along said westerly right-of-
way line, 62.84 feet; thence S71°14123"W, 27.59 feet; thence N02022147"E, 4.00
feet; thence N87°37113"W, 24.16 feet; thence N79°44'47"W, 73.00 feet; thence
N87°37'13"W, 123.34 feet to the True Point of Beginning.
Containing 0.45 Acres more or less.
EXHIBIT "E"
Parcel Number 10
As described on the State of California, Department of Transportation
Right of Way Map Portion of,P2 - 3885, Sheet 3 of 3.
Those portions of Blocks 54 and 94 of Irvine's subdivision as
shown on the map recorded in Book 1, Page 88 of Miscellaneous
Record Maps, in the Office of the County Recorder of Orange
County, described as follows:
Commencing at the southeast corner of the land described as
Parcel 2 in the easement deed recorded in Book 4017, Page 298 of
Official Records of said County; thence N46°2014211W, 38.13 feet;
thence N1000212911E, 32.83 feet; thence S74047'31"E, 59.69 feet to
the True Point of Beginning; thence NO3°38131"E, 29.74 feet;
thence S76°51158"E, 24.00 feet; thence S30°49147"E, 13.88 feet;
thence S74°47136"E, 92.72--feet; thence N58°26107"E, 14.58 feet;
thence N11`3915011E, 11.77 feet; thence S67°35100"E, 437.46 feet;
thence N22°25100"E, 10.00 feet; thence S67°35100"E, 10.00 feet;
thence S31°24103"E, 40.91 feet; thence S60°0410611E, 60.98 feet;
thence N67°35102"E, 97.71 feet; thence S22°24158"E, 24.00 feet;
thence S22029'4011W, 14.16 feet; thence S22°35142"E, 84.83 feet;
thence S5505710711E, 10.81 feet; thence N66°45112"E, 50.96 fees;
thence S23°01134"E, 68.65 feet; thence N64°57151"E, 79.87 feet;
thence S22°2914011E, 200.28 feet; thence N6703012011E, 57.17 feet
to a point on the adjudicated line describe in S.C. 20436 of
Official Records of said County; thence S2202914011E along said
adjudicated line, 143.22 feet; thence N49°0014311W, 292.98 feet to
a point on a curve concave southwesterly with a radius of 1458.24
feet; thence northwesterly along said curve through a central
angle of 14*0314211, an arc distance of 357.89 feet to a point on
a non -tangent curve concave southwesterly with a radius of
1935.68 feet, radial to said curve at this point bears
N30°26129"E, thence northwesterly along said curve through a
central angle of 1205713511, an arc distance of 437.83 feet;
thence S17°2815511W, 10.20 feet; thence N7404713111W, 180.95 feet
to the True Point of Beginning.
Containing 1.06 Acres more or less.
EXHIBIT "F"
GERALD E. AND VICTORIA C. LESTER
235 Plymouth
Newport Beach, California 92660
BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
MAR 2 8 1988
Don Webb, City Engineeer
City of Newport Beach
P.O. Box 1768
Newport Beach, California 92658-8915
Dear Mr. Webb:
D-3
March 2, 1988
This letter is to serve as written request to appear and be heard at the March 28, 1988
City of Newport Beach Council meeting (per your letter of 2/23/88, and the quoted
California Code of Civil Procedure Section 1245.235).
We are most concerned with the matter numbered 4 in your letter regarding: "Whether
an offer of just compensation has been made to those having an interest in said
property." If the matter is negotiated and settled before the hearing we will of course
not need to appear and be heard.
Thank you.
Sincerely,
Gerald E. Lester
cc: Horst Hlawaty
Mayor John C. Cox
Pacific Relocation
John Cutler and Associates
3C East Coast highway, Space 235
N wport Beach, rA 92660
u"
r
R.
..