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HomeMy WebLinkAbout96-53 - Widening of Harbor Blvd between Dale Way and Date PlaceRESOLUTION NO. - 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY IN FEE, FOR STREET WIDENING, A PUBLIC PURPOSE, OF HARBOR BOULEVARD BETWEEN DALE WAY AND DATE PLACE. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. On June 3, 1996, and after at least fifteen (15) days' written notice to the owners of property at 2970 Harbor Boulevard (Assessor Parcel No. 418-101-04), as more particularly described and depicted in Exhibits A-1 and B-1 attached hereto, the City Council held a hearing for the purpose of allowing the owners a reasonable opportunity to appear and be heard on the following matters: A. Whether the public interest and necessity require the proposed widening of Harbor Boulevard; and B. Whether the proposed street widening project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and C. Whether the property sought to be acquired is necessary for the street widening project. The City Council, as a result of the hearing, determined that the public health, safety, and welfare requires the acquisition by the City, in fee, of a portion of the property at 2970 Harbor Boulevard (Assessor Parcel No. (418-101-04) for street widening purposes, a public use. This property is more particularly described and depicted in Exhibits A-1 and B-1 attached hereto and incorporated herein by reference. The acquisition is authorized by Section 19 of Article 1 of the California Constitution, Section 37350.5 of the California Government Code, and by California Code of Civil Procedure Sections 1240.010 through 1240.050. SECTION 2. The City Council does hereby find, determine, and declare that: A. The public interest and necessity require the proposed widening of the Harbor Boulevard and B. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and C. The property and the taking of fee simple title to the property, as described and depicted in Exhibits A-1 and B-1 attached hereto, are necessary for the proposed project; and D. An offer, as required by California Government Code Section 7267.2 has been made to the owner of record. SECTION 3. The City Council does hereby declare that it is the intention of the City to acquire these properties in its name in accordance with the provisions of the laws of the State of California with reference to condemnation procedures. SECTION 4. The properties are located in the City of Costa Mesa, County of Orange, State of California, as more particularly described and depicted in Exhibits A-1 and B-1. SECTION 5. There has been compliance with the California Environmental Quality Act of 1970, Public Resources Code Section 21000 et sea. insofar as the above application is concerned, and the City Council has certified Environmental Impact Report No. 1037 by adoption of a resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Costa Mesa, California, authorizes the City Attorney to institute and prosecute, in the name of the City of Costa Mesa, such proceedings, in the court having proper jurisdiction, as may be necessary for the acquisition of the fee interest in these properties. The City Attorney is also authorized, should he believe it necessary, to obtain a court order granting to the City the right of possession and occupancy of the properties. The City Attorney is further authorized to incur on behalf of the City of Costa Mesa, all necessary expenses for the preparation and trial of the action, including, but not limited to: A. Incurring fees for attorneys, law clerks, paralegals, and attorney support services on behalf of the City of Costa Mesa as, in the judgment of the City Attorney, are necessary for the preparation and trial of the action; and B. Authorizing the retention of additional appraisers to evaluate claims or defenses raised by the defendants; and C. Authorizing additional work by appraisers to make their appraisal reports current, or to evaluate new or additional lines of inquiry not covered in their original report; and D. Preparation of maps, charts, diagrams, and photographs; and E. Authorizing payments to appraisers or other experts for time spent on pre-trial conferences and field trips to inspect property, its neighborhood, and comparable sales. PASSED AND ADOPTED this 3rd day of June, 1996. ATTEST: Deputy City C rk of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) May of the City of Costa Mesa APPROVED AS TO FORM .!TY ATTORNEY I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 3rd day of June, 1996. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 4th day of June, 1996. Deputy Cityerk and ex -officio Clerk of the City Cou cil of the City of Costa Mesa LEGAL DESCRIPTION FOR_'STREE_T RIGHT-OF-WAY PROJECT: Harbor Boulevard Widening AGENCY: City of Costa Mesa ASSESSOR PARCEL NO.: 418-101-04 DATE PREPARED: October 18, 1995 PREPARED BY: Yeiichiro Kobayashi THAT CERTAIN REAL PROPERTY SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF COSTA MESA, DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 35 OF FAIRVIEW TRACT, AS SHOWN ON A MAp RECORDED IN BOOK 25, PAGE 76 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF PARCEL 8, AS DESCRIBED IN AN EASEMENT DEED TO THE CITY OF COSTA MESA RECORDED .TUNE 23, 1961 IN BOOK 5764, PAGE 342 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID POINT BEING IN THE NORTHERLY RIGHT OF WAY LINE OF DALE WAY (FORMERLY MAPLE AVENUE) 60.00 FEET WIDE, DISTANT EASTERLY 20.00 FEET MEASURED ALONG SAID NORTHERLY RIGHT OF WAY LINE FROM THE INTERSECTION OF SAID NORTHERLY RIGHT OF WAY LINE WITH A LINE PARALLEL WITH AND DISTANT EASTERLY 60.00 FEET MEASURED AT RIGHT ANGLES FROM THE CENTERLINE OF HARBOR BOULEVARD, AS ALL IS SHOWN ON A MAP FILED IN BOOK 23, PAGE 23 OF RECORDS OF SURVEY, RECORDS OF SAID ORANGE COUNTY; THENCE, ALONG THE NORTHEASTERLY LINE OF SAID PARCEL B, NORTH 45040114" WEST 28.18 FEET TO THE NORTHWESTERLY CORNER OF SAID PARCEL B, SAID CORNER BRING IN SAID LINE PARALLEL WITH THE CENTERLINE OF HARBOR BOULEVARD; THENCE, ALONG SAID PARALLEL LINE NORTH 0.39'15" WEST 56.00 FEET TO THE SOUTHERLY CORNER OF PARCEL B AS DESCRIBED IN AN EASEMENT DEED TO THE CITY OF COSTA MESA RECORDED DECEMBER 20, 1973 IN BOOK 11034, PAGE 123 OF OFFICIAL RECORDS, I3+ -THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE, ALONG THE EASTERLY LINE OF SAID PARCEL B, NORTH 7018156" EAST 50.45 FEET TO A LINE PARALLEL WITH AND DISTANT EASTERLY 67.00 FEET MEASURED AT RIGHT ANGLES FROM SAID CENTERLINE OF HARBOR BOULEVARD; THENCE, ALONG SAID PARALLEL LINE NORTH 0.39115" WEST 123.00 FEET TO THE SOUTHWESTERLY CORNER OF PARCEL A, AS DESCRIBED IN LAST SAID EASEMENT DEED TO THE CITY OF COSTA MESA; THENCE, ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL A, NORTH 44.20'38" EAST 9.49 FEET TO A LINE PARALLEL WITH AND DISTANT EASTERLY 73.00 FEET MEASURED AT RIGHT ANGLES FROM SAID CENTERLINE OF HARBOR BOULEVARD; THENCE, ALONG SAID PARALLEL LINE, SOU'T'H 0.39115" EAST 121.82 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 107.00 FEET; EXHIBIT A-1 Page 1 of 2 A.P. NO. 418-101-04 THENCE, THROUGH A CENTRAL ANGLE OF 16.15'37" ALONG SAID CURVE, SOUTHERLY, 30.37 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 93.00 FEET, A RAbIAL THROUGH THE BEGINNING OF SAID REVERSE CURVE BEARS NORTH 70.23138" WEST; THENCE, THROUGH A CENTRAL ANGLE OF 16.15'37" ALONG SAID CURVE, SOUTHERLY 26.39 FEET To A POINT OF TANGENCY WITH A LINE PARALLEL WITH AND DISTANT EASTERLY 65.00 FEET MEASURED AT RIGHT ANGLES FROM SAID CENTERLINE Of HARBOR BOULEVARDI THENCE, ALONG SAID PARALLEL LINE, SOUTH 0.39'15" EAST 50.02 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 27.00 FEET; THENCE, THROUGH A CENTRAL ANGLE OF 90.01'58" ALONG SAID CURVE, SOUTHEASTERLY, 42.43 FEET TO A POINT OF TANGENCY WITH SAID NORTHERLY RIGHT OF WAY LINE OF DALE WAY; THENCE, ALONG SAID NORTHERLY RIGHT OF WAY LINE SOUTH 89018,47" WEST 12.02 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 1,124 SQUARE FEET, MORE OR LESS. co LAND S KOg��F\ * NO. 3236 F"A J9( IO KOBAYA'�lf'O 0� L. 3232 f CAFE EXHIBIT A-1 Page 2 of 2 0 WN EXHIBIT B-1 [DEED No. N 44'ao:54r B. 49' SWCYCoG 4.t. oEio NO 34129 Gt'P. F,O' 67 BAKHR STRE�'T a .'2 M ol$ a �o h POR. GOT .35 L= 1, z z- L/Lz--Yv Zczi- M. R. 4. A. C. CS176 ® A r /6'/3'37 R= /07.00 ' L - 30.37' 1 '00.6. h: 45* -ed w'w Z.& /d i CITY OF COSTA MESA PLATA.P.N.: 41e -'°l-04 --I ADDRESS- Z9 70 NAROOR Q[1'D, DATE: Ocr /9. IJOS l DRA WN 6Y: J. r K I SCALE: / -40' /6'1S'97.. 9?.00' B L • 26.3 ' "`" �� �' � © d • 90'01 X59 Rr 2700' _ $ o v► Vt.O 3 9LY CDQ. AAR. e, EA3EMF/V7- Z+ 0AVO 7'O C/TY pI< COSTA MiSM4 REC. 6/.93/61. ,ar. 5764. c 1 '00.6. h: 45* -ed w'w Z.& /d i CITY OF COSTA MESA PLATA.P.N.: 41e -'°l-04 --I ADDRESS- Z9 70 NAROOR Q[1'D, DATE: Ocr /9. IJOS l DRA WN 6Y: J. r K I SCALE: / -40'