HomeMy WebLinkAbout14 - Acquiring and Authorizing the Condemnation of Real Property Located on Birch Street, North of Bristol Street North (Ruth KO ParcBY THE CITY COUNCIL
TY OF NEWPORT BEACH
C-7-3)
April 28, 1997
CITY COUNCIL AGENDA
ITEM NO. 14
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH FINDING AND DETERMINING THE PUBLIC INTEREST AND
NECESSITY FOR ACQUIRING AND AUTHORIZING THE
CONDEMNATION OF REAL PROPERTY LOCATED ON BIRCH STREET,
NORTH OF BRISTOL STREET NORTH (RUTH KO PARCEL, WATTSON
NEWPORT VENTURES PARCEL, AND JOHN R. SAUNDERS PARCEL).
RECOMMENDATION:
That following a hearing of the affected property owners, the City Council adopts
Resolutions finding and determining it is in the public interest and necessity to acquire
certain property for the widening of Birch Street and authorizing the condemnation of that
certain real proper as follows:
a. Resolution No. 97- for property located at 3701 Birch Street owned by Ruth
L. Ko.
b. Resolution No. 97- for property located at 3723 Birch Street owned by John
R. Saunders.
C. Resolution No. 97- for property located at 3610 and 3620 Birch Street owned
by Wattson Newport Ventures.
DISCUSSION:
In cooperation with Caltrans, and with the County of Orange, the City is proposing to
mitigate existing and future traffic capacity deficiencies by widening Birch Street north of
the State Route 73 (SR73) bridge overcrossing, widening the Bristol Street and Bristol
Street North frontage roads at Birch Street, and widening the SR73 bridge overcrossing.
The County of Orange is widening and realigning Birch Street and Mesa Drive between
Irvine Avenue and Bristol Street. The need for these improvements is being generated by
existing and future traffic conditions.
Currently the Birch Street/Bristol Street intersections experience peak hour congestions
for southbound Birch Street at Bristol Street North (P.M.) and for eastbound Bristol Street
at Birch Street (A.M.). These deficiencies will worsen in the future due to projected traffic
increases resulting from the anticipated growth and redevelopment of the Santa Ana
Heights area by the Orange County Development Agency. Without the proposed
improvements, these two intersections will operate at Level of Service (LOS) F by the
year 2010. Levels of Service range from A (excellent) to F (failing or operational
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH FINDING AND
DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE
CONDEMNATION OF REAL PROPERTY LOCATED ON BIRCH STREET NORTH OF BRISTOL
STREET NORTH (RUTH KO PARCEL, WATSON NEWPORT VENTURES PARCEL, AND JOHN R.
SAUNDERS PARCEL)
April 28, 1997
Page 2
breakdown conditions). More specifically, LOS F is defined as: frequent interruptions to
flow, low operating speeds, and long lines of vehicles backed up from intersections.
The most feasible way to widen Birch Street to address these deficiencies, and provide
an acceptable transition to the County's project is to widen the bridge overcrossing
structure on the easterly side of the existing structure, and to widen Birch Street northerly
of the Bristol Street North frontage road on both sides. The major widening will be done
on the easterly side of Birch Street to provide a smooth traffic flow transition. There is a
lesser widening on the west side of Birch Street to provide an additional right turn lane
onto Bristol Street North. In addition, the project will add one lane to the Bristol Street
frontage road, and a left turn lane on Bristol Street North frontage road. Extra width is
being provided on the curb lane of Birch Street to accommodate bicycle traffic and a 5
foot walkway will be constructed on each side of the bridge overcrossing for pedestrians.
Construction of these improvements will provide an acceptable LOS in the present
through the year 2010. The City has budgeted an amount of $2,100,000 in the 1996-
1997 Capital Improvement Program for the project. On April 14, 1997, the City Council
authorized the advertisement of bids for the bridge widening portion of the project. The
street widening is proposed to be a separate construction project.
The widening of Birch Street north of Bristol Street North requires the acquisition of a
permanent easement for street and public utility purposes, and a temporary construction
easement over small portions of seven separate parcels, owned by six property owners.
The owners and the addresses of the parcels are as follows:
Wattson Newport Ventures
Gary and Shari Goodgame, and
David and Arlene Westley
Ruth L. Ko
John R. Saunders
Sushil K. Garg
Betty J. Hogan
3610 and 3620 Birch Street
3636 Birch Street
3701 Birch Street
3723 Birch Street
3737 Birch Street
3767 Birch Street
On January 13, 1997, the City Council authorized staff to proceed with the acquisitions.
In compliance with the requirements of the Government Code (Section 7267.2), the City
retained the services of William R. Hansen and Associates (MAI) to determine the just
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH FINDING AND
DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE
CONDEMNATION OF REAL PROPERTY LOCATED ON BIRCH STREET NORTH OF BRISTOL
STREET NORTH (RUTH KO PARCEL, WATTSON NEWPORT VENTURES PARCEL, AND JOHN R.
SAUNDERS PARCEL)
April 28, 1997
Page 3
compensation (fair market value) for the permanent and temporary easements needed
from these properties. The City also retained the services of Daman Associates (Daniel
Musselman) to negotiate on the City's behalf to acquire these seven parcels, and to
provide all necessary documents and deeds in accordance with State property acquisition
guidelines.
Mr. Musselman subsequently initiated negotiations with all six owners and provided each
of them with an informational brochure advising them of the procedures and their rights as
a property owner, a statement of just compensation based on the fair market value as
appraised by Mr. Hansen, and the necessary easement deeds. Mr. Musselman also met
with each owner to discuss the City's offer and give them an opportunity to review the
appraisal report.
To date, negotiations have been successfully concluded with and easement grants have
been received from Betty J. Hogan, Sushil K. Garg, and Goodgame-Westley. However,
negotiations are at an impasse with John R. Saunders, Ruth Ko and Wattson Newport
Ventures. In order to meet the City's goal of awarding a construction contract prior to
fiscal year-end and preserve the funding from OCTA for the project, staff is
recommending the initiation of eminent domain proceedings. A notice of this hearing was
sent to Mr. Saunders, Ms. Ko, and Gregory Wattson, representing Wattson Newport
Ventures, on April 11, 1997. They each will have the opportunity to speak at the hearing
regarding their individual property acquisition. The parcels to be acquired are shown on
the attached sketch.
In summary, staff is recommending the City Council adopt the Resolution of Necessity
and initiate eminent domain proceedings for the following reasons:
1. There is no reasonable project alternative which will provide the same degree of
improved traffic capacity and level of service.
2. The City has fully complied with the California Environmental Quality Act for this
project. The project was reviewed by the City and State staffs, and they each
determined a categorical exemption was the appropriate finding.
3. Offer(s) to the affected property owner(s) required by California Government Code
Section 7267.2 were made to the owner(s) and that (those) offer(s) fully complied
with Government Code Section 7267.2. The City has, thus far, attempted to
negotiate with the property owners in good faith to acquire the interest without
condemnation proceedings, and will continue to do so.
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH FINDING AND
DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE
CONDEMNATION OF REAL PROPERTY LOCATED ON BIRCH STREET NORTH OF BRISTOL
STREET NORTH (RUTH KO PARCEL, WATTSON NEWPORT VENTURES PARCEL, AND JOHN R.
SAUNDERS PARCEL)
April 28, 1997
Page 4
4. The City has statutory authority to acquire the property by eminent domain
pursuant to the applicable authorizing code sections.
The purpose of the hearing is to allow each property owner an opportunity to appear and
offer information that they may want to bring forward on the following issues:
1. Whether the public interest and necessity require the project;
2. Whether the project is planned and located in a manner that will be the most
compatible with the greatest public good and least private injury; and
3. Whether the property sought to be acquired is necessary for the project.
4. The offer required by Section 7267.2 of the Government Code has been made to
the property owner of record.
In adopting its Resolution of Necessity, the City Council must make affirmative findings on
each of the above issues.
The amount of offer to the various owners is not the subject of the hearing and should be
discussed with the acquisition agent rather than at the hearing.
Respectfully submitted,
Iola
PUBLIC WORKS DEPARTMENT
Don Webb, Director
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RESOLUTION NO. 97
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH FINDING AND DETERMINING THE
PUBLIC INTEREST AND NECESSITY TO ACQUIRE AND
AUTHORIZING THE CONDEMNATION OF CERTAIN REAL
PROPERTY (BIRCH STREET WIDENING - KO).
WHEREAS, the City of Newport Beach Charter,and Government Code Section
40404, provide that the City of Newport Beach may take or acquire property within the
City by condemnation for the widening of streets and public utilities purposes; and
WHEREAS, the interest in real property to be acquired is generally described as
easements for street and public utility purposes and temporary easements for
construction purposes necessary to widen Birch Street northerly of the Bristol Street north
frontage road ("Project"); and
WHEREAS, the interest in real property which the City wishes to acquire to
accomplish the Project is a portion of the property located at 3701 Birch Street, within the
City limits, and is more particularly described in Exhibit "A" attached hereto and
incorporated here in by reference ("the Property"); and
WHEREAS, the City by and through its officers and agents have sought in good
faith to acquire the property easements by negotiations with the owners or others having
interest in the property but has been unable to do so at a price considered fair and
equitable to both parties; and
WHEREAS, due and timely notice of this hearing was given to the property owner
and/or owners having interest in said property on April 10, 1997, and a hearing has been
-1-
held by the City Council of the City of Newport Beach pursuant to Section 1245.235 of the
Code of Civil Procedure and the owners who were provided notice were given reasonable
opportunity to appear and be heard on matters referred to in Section 1245.230 of the
Code of Civil Procedure; and
WHEREAS, the Project has been determined to be exempt under the California
Environmental Quality Control Act.
NOW, THEREFORE, the City of Council of the City of Newport Beach finds and
resolves that; (a) the public interest and necessity require the proposed project, (b) the
proposed project is located in a manner that is most compatible with the greatest public
good and the least private injury, (c) the interest in real property is necessary for the
proposed project, (d) the offer required by Section 7267.2 of the Government Code has
been made to the owner or owners of record.
BE IT 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 deposit 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 public utilities purposes in the property commonly
known as 3701 Birch Street and more fully described in Exhibit "A". (b) a temporary
-2-
construction easement as more fully described in Exhibit "A"; in accordance with the
provisions of State law.
BE IT FURTHER RESOLVED, that the City Manager is authorized to sign all
documents and to carry out the provisions of this Resolution.
ADOPTED, this day of April, 1997.
ATTEST:
City Clerk
F Acat\da\resol ut\ko.doc
04-17-97
MAYOR
-3-
EXHIBIT "A"
Parcel 151-015
An easement for street and public utility purposes in the City of Newport Beach, County of Orange, State
of California, over, under, along, across and through that portion of Parcel 2 as shown on a map filed
in Book 104, Page 37 of Parcel Maps in the office of the County Recorder of said county, described as
follows:
Beginning at the most easterly corner of said Parcel 2, thence, along the easterly line of said Parcel,
North 490 20' 51" West 5.28 feet to a line parallel with and 5.28 feet northwesterly of the southeasterly
line of said parcel; thence, along said parallel line, South 40139' 10" West 88.72 feet; to the beginning
of a non -tangent curve, concave northerly and having a radius of 28.09 feet, a radial line of said curve
bears South 51 ° 26' 10" East through said point; thence southerly and southwesterly along said curve
44.19 feet; through a central angle of 901 09' 09" thence non -tangent to said curve, North 490 21' 37"
West 33.61 feet; thence at right angles South 40138' 23" West 2.15 feet; to the southwesterly line of said
Parcel; thence, along the boundary of said Parcel, the following courses: South 490 21' 49" East 46.03
feet, North 85' 39' 10" East 28.25 feet and North 400 39' 10" East 100.00 feet to the point of beginning.
Parcel 151-15T
A temporary easement for construction purposes of operating construction equipment and vehicle, and
access to the construction site over, under, along, across, and through that portion of said Parcel 2 lying'
southeasterly, southerly, and southwesterly of the following described line:
Beginning at the intersection of a line parallel with and 11.98 feet Northwesterly of the Northwesterly line
of Parcel 151-15 described above and the Northeasterly line of said Parcel 2; thence along said parallel
line South 40139' 10" West 4.69 feet; thence South 49120' 50" East 2.13 feet; thence South 40139' 10"
West 27.08 feet; thence North 490 20' 50" West 2.13 feet; thence South 400 39" 10" West 34.15 feet;
thence South 49120' 50" East 2.13 feet; thence South 40' 39' 10" West 22.95 feet to the beginning of
a non -tangent curve, concave Northerly and having a radius of 18.24 feet; a radial line of said curve
bears South 510 53' 18" East through said point; thence southerly and westerly along said curve 28.70
feet through a central angle of 900 08' 16'; thence non -tangent to said curve North 49' 21' 49" West
33.43 feet; thence South 400 38' 16" West 9.85 feet to the Southwesterly line of said Parcel 2.
Excepting therefrom any portion of Parcel 151-15 described above.
This temporary easement is to terminate ninety (90) days after the filing of the Notice of Completion of
.Improvements or not later than September 10, 1997, whichever comes earlier.
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RESOLUTION NO. 97
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH FINDING AND DETERMINING THE
PUBLIC INTEREST AND NECESSITY TO ACQUIRE AND
AUTHORIZING THE CONDEMNATION OF CERTAIN REAL
PROPERTY (BIRCH STREET WIDENING - SAUNDERS).
WHEREAS, the City of Newport Beach Charter, and Government Code Section
40404, provide that the City of Newport Beach may take or acquire property within the
City by condemnation for the widening of streets and public utilities purposes; and
WHEREAS, the interest in real property to be acquired is generally described as
easements for street and public utility purposes and temporary easements for
construction purposes necessary to widen Birch Street northerly of the Bristol Street north
frontage road ("Project"); and
WHEREAS, the interest in real property which the City wishes to acquire to
accomplish the Project is a portion of the property located at 3723 Birch Street, within the
City limits, and is more particularly described in Exhibit "A" attached hereto and
incorporated here in by reference ("the Property"); and
WHEREAS, the City by and through its officers and agents have sought in good
faith to acquire the property easements by negotiations with the owners or others having
interest in the property but has been unable to do so at a price considered fair and
equitable to both parties; and
WHEREAS, due and timely notice of this hearing was given to the property owner
and/or owners having interest in said property on April 10, 1997, and a hearing has been
de
held by the City Council of the City of Newport Beach pursuant to Section 1245.235 of the
Code of Civil Procedure and the owners who were provided notice were given reasonable
opportunity to appear and be heard on matters referred to in Section 1245.230 of the
Code of Civil Procedure; and
WHEREAS, the Project has been determined to be exempt under the California
Environmental Quality Control Act.
NOW, THEREFORE, the City of Council of the City of Newport Beach finds and
resolves that; (a) the public interest and necessity require the proposed project, (b) the
proposed project is located in a manner that is most compatible with the greatest public
good and the least private injury, (c) the interest in real property is necessary for the
proposed project, (d) the offer required by Section 7267.2 of the Government Code has
been made to the owner or owners of record.
BE IT 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 deposit 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 public utilities purposes in the property commonly
known as 3723 Birch Street and more fully described in Exhibit "A"; (b) a temporary
-2-
construction easement as more fully described in Exhibit "A". in accordance with the
provisions of State law.
BE IT FURTHER RESOLVED, that the City Manager is authorized to sign all
documents and to carry out the provisions of this Resolution.
ADOPTED, this day of April, 1997.
ATTEST:
City Clerk
F:\cat\da\resoIut\saunders.doc
04-17-97
Wke�
-3-
EXHIBIT "A"
Parcel 151-012
An easement for street and public utility purposes, in the City of Newport Beach,
County of Orange, State of California, over, under, along, across and through the
southeasterly 5.28 feet of Lot 57, Tract No. 3201, as per map recorded in Book 130,
Pages 25 through 30 inclusive of Miscellaneous Maps in the office of the County
Recorder of said county.
Parcel 151-12T
An temporary easement for construction purposes of operating equipment and
vehicle, and access to the construction site over, under, along, across, and through
that portion of said Lot 57, lying southeasterly of the following described line:
Beginning at the intersection of a line parallel with and 11.98 feet Northwesterly of
the Northwesterly line of Parcel 151-12 described above with the Southwesterly line
of said Lot 57; thence along said parallel line North 40' 39' 10" East 29.15 feet;
thence South 490 20' 50" East 2.13 feet; thence North 40139' 10" East 70.85 feet
to the Northeasterly line of said Lot 57.
Excepting therefrom any portion of Parcel 151-12 described above.
This temporary easement is to terminate ninety (90) days after the filing of the
Notice of Completion of Improvements or not later than September 10, 1997,
whichever comes earlier.
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13 1 RCH
RESOLUTION NO. 97
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH FINDING AND DETERMINING THE
PUBLIC INTEREST AND NECESSITY TO ACQUIRE AND
AUTHORIZING THE CONDEMNATION OF CERTAIN REAL
PROPERTY (BIRCH STREET WIDENING - WATTSON).
WHEREAS, the City of Newport Beach Charter, and Government Code Section
40404, provide that the City of Newport Beach may take or acquire property within the
City by condemnation for the widening of streets and public utilities purposes; and
WHEREAS, the interest in real property to be acquired is generally described as
easements for street and public utility purposes and temporary easements for
construction purposes necessary to widen Birch Street northerly of the Bristol Street north
frontage road ("Project"); and
WHEREAS, the interest in real property which the City wishes to acquire to
accomplish the Project is a portion of the property located at 3610 and 3620 Birch Street,
within the City limits, and is more particularly described in Exhibit "A" attached hereto
and incorporated here in by reference ("the Property"); and
WHEREAS, the City by and through its officers and agents have sought in good
faith to acquire the property easements by negotiations with the owners or others having
interest in the property but has been unable to do so at a price considered fair and
equitable to both parties; and
WHEREAS, due and timely notice of this hearing was given to the property owner
and/or owners having interest in said property on April 10, 1997, and a hearing has been
NE
held by the City Council of the City of Newport Beach pursuant to Section 1245.235 of the
Code of Civil Procedure and the owners who were provided notice were given reasonable
opportunity to appear and be heard on matters referred to in Section 1245.230 of the
Code of Civil Procedure; and
WHEREAS, the Project has been determined to be exempt under the California
Environmental Quality Control Act.
NOW, THEREFORE, the City of Council of the City of Newport Beach finds and
resolves that; (a) the public interest and necessity require the proposed project, (b) the
proposed project is located in a manner that is most compatible with the greatest public
good and the least private injury, (c) the interest in real property is necessary for the
proposed project, (d) the offer required by Section 7267.2 of the Government- Code has
been made to the owner or owners of record.
BE IT 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 deposit 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 public utilities purposes in the property commonly
known as 3610 and 3620 Birch Street and more fully described in Exhibit "A"; (b) a
M
i
temporary construction easement as more fully described in Exhibit "A"; in accordance
with the provisions of State law.
BE IT FURTHER RESOLVED, that the City Manager is authorized to sign all
documents and to carry out the provisions of this Resolution.
ADOPTED, this day of April, 1997.
ATTEST:
City Clerk
F:\cat\da\resoIut\wattson.doc
04-17-97
MAYOR
-3-
EXHIBIT "A"
Easements for street and public utility purposes in the City of Newport Beach, County of Orange, State
of California, over, under, along, across and through those portions of Parcels 2 and 3 as shown on
Parcel Map No. 88-233, filed in Book 246 Pages 16 and 17 of Parcels Maps, in the office of the County
Recorder of said county, described in parcels as follows:
Parcel No. 231-06
Beginning at a point on the northerly line of said Parcel 2, distant North 811 56' 13" East 31.96 feet from
the most westerly corner of said parcel; thence, South 380 21' 44" West 20.85 feet; thence, South 110
58' 38" East 49.69 feet to the southwesterly line of said Parcel 2, thence, along the boundary of said
Parcel 2, the following courses: North 491 21'23" West 34.41 feet, North 40 21' 23" West 38.18 feet, and
North 811 56' 13" East 31.96 feet to the point of beginning.
Parcel No. 231-26
Beginning at a point on the southerly line of said Parcel 3, distant North 811 56' 13" East 31.96 feet from
the most westerly corner of said Parcel, thence, North 381 21' 44" East 279.12 feet to the northeasterly
line of said Parcel 3 distant South 491 20' 50" East, 9.93 feet from the most northerly corner of said
Parcel 3; thence, along the boundary of said Parcel 3, the following courses: North 49120' 50" West 9.93
feet, South 40° 39' 10" West 302.91 feet, and North 81' 56' 13" East 31.96 feet to the point of beginning..
Parcel 231-26T and 231-06T
A temporary easement for construction purposes of operating construction equipment, and vehicle, and
access to the construction site over, under, along, across, and through those portions of said Parcels
2 and 3 lying southwesterly and northwesterly of the following described line:
Beginning at a point on the southwesterly line of said Parcel 2, distant South 491 21' 23" East 5.97 feet
from the most Southerly corner of Parcel 231-06 described above; thence North 40' 38' 24" East 7.82
feet; thence North 111 58'38" West 45.06 feet; thence North 381 21' 43" East 240.61 feet; thence South
49' 21' 34" East 7.84 feet; thence North 400 39' 10" East 33.84 feet; thence North 490 22' 24" West 9.20
feet; thence North 380 21' 43" East 20.48 feet to the northeasterly line of said Parcel 3.
Excepting therefrom any portion of Parcels 231-06 and 231-26 described above.
This temporary easement is to terminate ninety (90) days after the filing of the Notice of Completion of
Improvements or not later than September 10, 1997, whichever comes earlier.
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