The URL can be used to link to this page

Home My WebLink About97-36 - Condemnation of Real Property - Birch Street Widening - KORESOLUTION NO. 97 -36 • 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- Res 97 -36 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 .. 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- Res 97 -36 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 28th day of April, 1997. ATTEST: City Clerk • FAcat \da\resolutUco.doc (M -17 -97 • -3- MAYO EXHIBIT "A" •Parcel 151 -015 Res 97 -36 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' S1" 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 401 39' 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 900 09' 09" thence non - tangent to said curve, North 490 21' 37" West 33.61 feet; thence at right angles South 400 38'23" 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 saccess to the construction site over, under, along, across, and through that portion of said Parcel 2 lying outheasterly, 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 40039' 10" West 4.69 feet; thence South 490 20' 50" East 2.13 feet; thence South 400 39' 10" West 27.08 feet; thence North 490 20' 50" West 2.13 feet; thence South 40° 39" 10" West 34.15 feet; thence South 490 20' 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. Oev. 09723/96 0777MOWIVWi 02a il=! a (zz') 0 6.706 ti a H �I9.144 (30') N rn C � z 42'x' RAD. rn N w a N I 0 N m I 733s f ti Permotncm 1 S +rca+ 4 P6 I„ U+; I, ♦y Easevmp -h ' (723s.4 is— Tew�Porar Co►ns+'ruc�ipy� EASO►mCn ( 1(o4S sf P.M.S- , 104131 I fRAOT Noy 3201 1 CL 2 Rut k Ko .370 I . Bi rc h APN 427 - 151 -15 e� 151-IST ,� Q, Q ,ham ��O• h� /S40° 39' 10" W 1 (34.15') b,O 10.409 o (88 72') —� S40'39 , N 10' W rn- 5j APN 427 - 151 -12 151-12T S40° 39' 10° W J'1285' ) 1.594 ;�. 30.480 (100.00') S40° 39' 10' W _ t3 l RCH STREET r S38° 21' 44" W 85.0 N N� N N _ O lw N - 5j APN 427 - 151 -12 151-12T S40° 39' 10° W J'1285' ) 1.594 ;�. 30.480 (100.00') S40° 39' 10' W _ t3 l RCH STREET r S38° 21' 44" W 85.0 • • • STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF NEWPORT BEACH } } as. } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 97 -36, was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 28th day of April, 1997, and that the same was so passed and adopted by the following vote, to wit: Ayes: O Neil, Thomson, Edwards, Glover, Noyes, and Mayor Debay Noes: None Absent: Hedges Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 29th day of April, 1997. (Seal) i City Clerk of the City of Newport Beach, California