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HomeMy WebLinkAbout5399 - Real Property AcquisitionWWC.mec 4/10/61 RESOLUTION NO, 539q A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY FOR A PUBLIC IMPROVEMENT, TO WIT, PUBLIC STREETS, AND AUTHORIZING AND DIRECTING EMINENT DOMAIN PROCEEDINGS THEREFOR BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH. SECTION to The City Council hereby finds and determines that the public interest and necessity require the construction and completion by the City of Newport Beach of a public improvement, including the widening of Newport Boulevard along the westerly side thereof northerly of 30th Street for a distance of 110 feet, more or less. SECTION 20 The City Council hereby further finds and determines that the public interest and necessity require, for the construction and completion of said improvement, the acquisition by the City of Newport Beach of a right-of-way and easement for street and highway purposes in, over, and on certain real property situated in the City of Newport Beach, County of Orange, State of Cal - ifornia, described as follows, to wit. That portion of Section 28, Township 6 South, Range 10 West, S. B. B. & M., in the City of Newport Beach, County of Orange, State of California, according to an official plat of said land filed in the District Land Office, August 4, 1890, described as .follows. Beginning at the intersection of the Northerly prop - erty line of 30th Street and the Westerly property line of Newport Boulevard, said point being on a curve concave to,the East and having a radius of 2844°83 feet and the center of which bears North 780 308 28" East; thence Northerly 106043 feet, through an angle of 2° 088 37 ", to a point on said curve the center of which bears North 800 398 05" East; thence South 520 248 201° West 1,17 feet; thence South 4° 068 0011 East 70.97 feet; thence southerly 29.99 feet, through.an angle of 9° 528 2911 along a tangent curve concave to the West and having a radius of 174000 feet to a point of compound curvature with a curve having a radius of 39400 feet; a tangent at said point bearing South 5° 461 3205/1 West; thence Southwesterly 25060 feet,-through an angle of 37° 36' 11 ", to a non - tangent line, said line being the northerly line of 30th Street; thence North 520 448 45" East 32070 feet along said northerly line of 30th Street to the point of beginning. SECTION 3. The public improvement to be located on the property described in Section 2 is located in a manner which is com- patible with the greatest public good and the least private injury. SECTION 4. The City Attorney of the City of Newport Beach is hereby authorized, empowered and directed: (a) To commence an action or actions in eminent domain in the Superior Court of the State of California in and for the County of Orange in the name of easement herein declared immediate possession and positing in court such si provisions of Section 14 of California to entitle the City of Newport Beach to acquire the to be necessary and to secure the right to use of said right-of-way and easement by de- mm of money as may be required pursuant to the of Article I of the Constitution of the State the City to take immediate possession thereof. (b) To incur in the name of and on-behalf of the City of Newport Beach all obligations and expenses necessary to acquire said property and the immediate possession thereof. (c) To do such further acts and to take such additional steps as may be necessary or convenient in connection with said so- quisition. SECTION 5. Resolution No. 5385 is hereby rescinded. This resolution was adopted by at least a two-thirds vote of the City Council of the City of Newport Beach at a meeting of said Council on the 10th day of April, 1961, by the following vote, to wit: �1 AYES, COUNCILMEN: _- n NOES, COUNCILMEN:vti a ABSENT COUNCILMEN: ATTEST: —j City Clerk ® M Mayor STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF NEWPORT BEACH) I, MARGERY SCHROUDER, City Clerk of the City of Newport Beach, California, do hereby certify that according to the records of the City of Newport Beach filed and maintained in my office, the foregoing Resolution Noe 5399 was duly and regularly adopted, passed, and approved by the City Council of the City of Newport Beach, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the 10th day of April 19 61, by the following vote, to wit: AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT, COUNCILMEN: Dated this 13th Kingsley, Atkinson, Cook, Stoddard, Hart, Lorenz, Somers None None day of April 19 61 M City Clerk a E- is o er o the City Council, Ci y of Newport Beach, State of California.