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HomeMy WebLinkAbout5486 - Real Property AcquisitionWWC:mec 10/11/61 BEACH.' RESOLUTION NO. 5486 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUI- SITION OF CERTAIN REAL PROPERTY FOR A PUBLIC IM- PROVEMENT, TO WIT, PUBLIC STREET, AND AUTHORIZING AND DIRECTING EMINENT.DOMAIN PROCEEDINGS THEREFOR BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEWPORT SECTION 1. The City Council hereby finds and determines that the public interest and necessity require the construction and completion by the City of Newport Beach of a public improvement consisting of the widening and improvement of Dover Drive between Pacific Coast Highway and Westcliff Drive in the City. SECTION 2. The City Council hereby further finds and determines that the public interest and necessity require, for the construction and completion of said improvement, the acquisition by the City of Newport Beach of a right-of-way and easement for street and highway purpose's in, over, and on certain real property situated in the City of Newport Beach, County of Orange, State of California, described as follows, to wit: Parcel 3 All that portion of Lot 4 Block "EtO in Tract No. 1219 as shown on a map thereof recorded in Book 38, pages 26 and 27, Miscellaneous Maps, Records of Orange County, California, lying within a strip of land fifty (50) feet in width lying westerly of and adjoining the following described line: Beginning at the point of intersection of the center line of Coast Highway (now known as Pacific Coast Highway) with the center line of Seventeenth Street (now known as Dover Drive) as shown on a map of Tract No. 1219 recorded in Book 38, pages 26 and 27, Miscellaneous Maps, Records of Orange County, California, said point being Engineers Station 37+81.23 as shown on California State Highway Plans District VII, Orange County Route 60, Section B, approved January 25, 1932, said point being the beginning of a curve, concave easterly and having a radius of 800.00 feet, a radial to said point bears S. 890 17° 00 "'W.; thence, northerly along said curve through a central angle of 19° 34 °'28/°, an arc distance of 273.31 feet to a tangent line; thence, N. 18° 51` 28" E., along said tangent line 8.03 feet to a tangent curve, concave westerly and having a radius of 800.00 feet; thence, northerly along said curve through a central angle of 40° 271 5810, an arc distance of 565.01 feet to a tangent line, said tangent line being parallel with and 10.00 feet easterly from said center line of Dover Drive; thence, N. 21° 36' 30" W., along said parallel line 169'.51 feet. . Y' c Parcel 5 All that portion of Lot 2 Block "E" in Tract No. 1219 as shown on a map thereof recorded in Book 38, pages 26 and 27, Miscellaneous Maps, Records of Orange County; California, lying within a strip of land fifty (50) feet in width lying westerly of and adjoining the following described line: Beginning at the point of intersection of the center line of Coast Highway (now known as Pacific Coast Highway) with the center line of Seventeenth Street (now known as Dover Drive) as shown on a map of Tract No. 1219 recorded in Book 38, pages 26 and 27, Miscellaneous Maps, Records of Orange County, California, said point being Engineers Station 37 +81.23 as shown on California State Highway Plans District VII, Orange County Route 60, Section B, approved January 25, 1932, said point being the beginning of a curve, concave easterly and having a radius of 800.00 feet, a radial to said point bears S. 89° 170 00" W.; thence, northerly along said curve through a central angle of 19° 340 28t0, an arc distance of 273.31 feet to a tangent line; thence; N. 18° 510 28" E., along said . tangent line 8.03 feet to a tangent curve, concave westerly and having a radius of 800.00 feet; thence, northerly along said curve through a central angle of 40° 270 5816, an arc distance of.565.01 feet to a tangent line, said tangent line being parallel with and 10.00 feet easterly from said center line of Dover Drive; thence, N. 21 360 30" W., along said parallel line 169.51 feet. Parcel 7 All that portion of Lot 10 Block "D" in Tract No. 1219 as shown on a map thereof recorded in Book 38, pages 26 and 27, Miscellaneous Maps, Records of Orange County, California, lying within a strip of land fifty (50) feet in width lying westerly of and adjoining the following described lines Beginning at the point of intersection of the center line of Coast Highway (now known as Pacific Coast Highway) with the center line of Seventeenth Street (now known as Dover Drive) as shown on a map of Tract No..1219 recorded in Book 38, pages 26 and 27, Miscellaneous Maps, Records of Orange County, California, said point being Engineers Station 37 +81.23 as shown on California State Highway Plans District VII, Orange County Route 60, Section B, approved January 25, 1932, said point being the beginning -� of a curve, concave easterly and having a radius of 800.00 . feet, a radial to said point bears S. 89° 170 00" W.; thence, northerly along said curve through a central angle of 19° 340 28 ", an arc distance of 273.31 feet to a tangent line; thence, N. 180 510 2811,E., along said tangent line 8.03 feet to a tangent curve, concave westerly and having a radius of 800.00 feet; thence, northerly along said curve through a central angle of 40° 270 58 ", an arc distance of 565.01 feet to a tangent line, said tangent line being parallel with and 10.00 feet easterly from said center line of Dover Drive; thence, N. 21 360 30" W., along said parallel line 169.51 feet, 9 0 SECTION 3. The public improvement to be located on the property described in Section 2 is located in a manner which is compatible with the greatest public good and the least private in j ury. . SECTION 4. The City Attorney of the City of Newport Beach is hereby authorized, empowered and directed- (a) To commence an action in eminent domain in the Superior Court of the State of California in and for the County of Orange in the name of the City of Newport Beach to acquire the right- of-way and easement herein declared to be necessary and to secure the right to immediate possession and use of said right-of-way and easement by depositing in court such sum of money as may be required pursuant to the provisions of Section 14 of Article I of the Consti- tution and the Code of Civil Procedure of the 'State of California to entitle 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 ac- quisition. This resolution was adopted by at least a two - thirds vote of all the members of the City Council of the City of Newport Beach at a meeting of said Council on the 9th day of October, 1961, by the following vote, to wit: COUNCILMEN: NOES, COUNCILMEN: ABSENT COUNCILMEN- ATTEST - Margery S,chrouder City Clerk BY . _ O!L_� _1 _sue, �� 7l1 f-4- Deputy City/t' Jerk 3 1 N. 0 ' __ U 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 No, 5486 -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 9th vote, to wit: day of October , 19 61 , by the following AYES, COUNCILMEN: Kingsley, Atkinson, Cook, Hart, Lorenz, Somers NOES, COUNCILMEN: ABSENT, COUNCILMEN Dated this 13th None Stoddard day of October 19 61 City Clerk an d Ex-Officio Clerk of the City Council, City of Newport Beach, State of California, By (/� Deputy ity Clerk