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HomeMy WebLinkAbout8105 - Balboa Boulevard WideningRESOLUTION NO. 8105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DETERMINING AND DECLARING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY TO BE USED BY SAID CITY IN CONNECTION WITH THE WIDENING OF BALBOA BOULEVARD, AND DECLARING THE • INTENTION OF THE CITY TO ACQUIRE SAID PROPERTY UNDER EMINENT DOMAIN PROCEEDINGS, AND DIRECTING THE CITY ATTORNEY OF SAID CITY TO COMMENCE AN ACTION IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, FOR THE COUNTY OF ORANGE, FOR THE PURPOSE OF ACQUIRING SAID REAL PROPERTY WHEREAS, certain property must be acquired by the City of Newport Beach in order to accomplish the widening of Balboa Boulevard, which project has been determined to be necessary and in the public interest; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach as follows: SECTION 1. The public interest, convenience, and necessity of the City of Newport Beach and the inhabitants thereof, require the acquisition and taking of the hereinafter described real property for use for the purpose of completing the widening of Balboa Boulevard. SECTION 2. Those parcels of property to be condemned, located on Balboa Boulevard between Pacific Coast Highway and River Avenue, in the City of Newport Beach, are hereafter legally described as follows: PARCEL 14- That portion of Lot 83 of Tract No. 3162 in the City of Newport Beach, County of Orange, State of California, per map recorded in Book 95, pages 16 to 18 inclusive of Miscellaneous Maps in the Office of theCounty Recorder of said County, described as follows: Beginning at the Southerly terminus of that certain course in the Easterly line of said lot shown as South 19 °41150" East 85.27 feet on said map; thence North 19 °42'37" West 76.70 feet along said Easterly line; thence South 8 °10'24" East 15.00 feet to a line parallel • with and Westerly 3.00 feet from said Easterly line; thence South 19 042'37" East 62.95 feet along said parallel line to the Southeasterly line of said lot; thence North 52 °43'43" East 3.15 feet along said Southeasterly line to the Point of Beginning. SUBJECT TO covenants, conditions, reservations, restrictions, rights of way and easements, if any, of record. _1_ PARCEL 1• That portion of Lot City of Newport Beach, County as shown on a map attached to filed April 14, 1890 in Case of the State of California in Angeles, California, together Section 29, Township 6 South, Bernardino Meridian described D of the Banning Tract in the of Orange, State of California, the report of the Referees qo. 6385 in the Superior Court and for the County of Los with that portion of Range 10 West of the San as a whole as follows: • Beginning at the intersection of that certain line designated "North Line" as established by a decree of the Superior Court of the State of California in and for Orange County, a certified copy of which was recorded September 19, 1928 in Book 201, Page 253 of Official Records, records of said County, with the Northeasterly line of Balboa Boulevard 80.00 feet wide as described in the Agreement recorded August 9, 1927 in Book 70, Page 408 of Official Records, records of said County; thence South 74 °17137" East 19.04 feet along said "North Line" to a point on a non - tangent curve concave Northeasterly and having a radius of 554.00 feet, a radial to said point bears South 620581061, West; thence Northwesterly 70.79 feet along said curve through a central angle of 7 019'16" to its point of tangency with a line parallel with and Northeasterly 11.00 feet from said Northeasterly line of Balboa Boulevard; thence North 19 142'37" West 213.33 feet along said parallel line to the beginning of a tangent curve concave Easterly and having a radius of 18.00 feet; thence Northerly 3.23 feet along said curve through a central angle of 10 °17'33" to a point on that certain curve in said Northeasterly line of Balboa Boulevard described in said Agreement as being concave Southeasterly and having a radius of 40.00 feet, a radial of said 40.00 foot radius curve to said point bears South 65 034152" West; thence Southerly 30.81 feet along said curve and said Northeasterly line through a central angle of 44 007'46 thence tangent to said curve South 19 °42137" East 248.25 feet along said Northeasterly line to the Point of Beginning. SUBJECT TO covenants, conditions, reservations, restrictions, rights of way and easements, if any, of record. SECTION 3. The taking and acquiring by said City of the property hereinbefore described is deemed necessary for the completion of the widening of Balboa Boulevard;.such use is a public use, and for such public use it is necessary that the City of Newport Beach condemn and acquire said property. SECTION 4. The City Attorney of the City of Newport Beach is hereby authorized and directed to commence an action • in the Superior Court of the State of California, for the County of Orange, in the name and on behalf of the City of Newport Beach, against all owners and claimants of the above described -2- property, for the purpose of condemning and acquiring said property for the use of said City. ADOPTED this 9th day of October, 1973. is ATTEST: e City Clerk PPYIED AS THk2 AL lxY✓iQ I$Y CLERK OF THE CITY OF HE V RT C_ACH DAVE: OCT 12 1973 .__._. «_- .. . • mh -3- 10/4/73