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Home My WebLink About02-18 - Street Widening on Certain Property Located at 2180 Newport Blvd, APN 426-121-22RESOLUTION NO. — / RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF AN EASEMENT, FOR STREET WIDENING PURPOSES, A PUBLIC PURPOSE, IN THAT CERTAIN PROPERTY LOCATED AT 2180 NEWPORT BOULEVARD, APN 426-121-22. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY DETERMINE AND RESOLVE AS FOLLOWS: SECTION I. On March 18, and after at least fifteen (15) days' written notice to the owners of property at 2180 Newport Boulevard (APN 426-121-22), as more particularly described and depicted in Exhibit A 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: Whether the public interest and necessity require the proposed widening of Victoria Street; 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; Whether the property sought to be acquired is necessary for the street widening project; and Whether the offer required by Government Code Section 7267.2 has been made to the owner or owners of record. The City Council, as a result of the above hearing, determined that the public health, safety and welfare require the acquisition by the City of an easement over a portion of the property at 2180 Newport Boulevard (APN 426-121-22), for street widening purposes, a public use. This property is more particularly described and depicted in Exhibit A hereto, which is 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: The public interest and necessity require the proposed widening of Victoria Street; 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; The property and the taking of an easement interest therein, as described and depicted in Exhibit Attached hereto, is necessary for the proposed project; and An offer as required by California Government Code section 7267.2 has been made to the owner or owners of record. SECTION 3. The City Council does hereby declare that it is the intention of the City to acquire an easement in the above described property in its name in accordance with the provisions of the laws of the State of California with reference to condemnation procedures. SECTION 4. The property is located in the City of Costa Mesa, County of Orange, State of California, as more particularly described and depicted in Exhibit A. SECTION 5. The City Attorney is hereby authorized and directed 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 an easement interest in said property. 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 said property. 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: 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. Authorizing the retention of additional appraisers to evaluate claims or defenses raised by the defendants; 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; Preparation of maps, charts, diagrams and photographs; and 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. SECTION 6. That there has been compliance with the California Environmental Quality Act of 1970, Public Resources Code section 21000, et. eq., insofar as the above described proposed acquisition is concerned, and the City Council has certified Environmental Impact Report 1049 by adoption of a Resolution No. 02-07 on January 21, 2002. SECTION 7. The City Clerk shall certify to the adoption of this resolution. PASSED AND ADOPTED this 18th day of March, 2002. ATTEST: Deputy City erk of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) k "N, Mayor of the City of Costa Mesa APPROVED AS TO FORM Ze"', .!' 1-71CITY ATTO -Y 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. 0,;t-/ S was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 18th day of March, 2002, by the following roll call vote: AYES: NOES: Ili aA)rZ ABSENT: [no /j A-HA/L) IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 19th day of March, 2002. T. Deputy CM Clerk and ex -officio Clerk of the City C uncil of the City of Costa Mesa EXHIBIT "A" AP No. 426-121-22 Street Easement That portion of Lot 281 of Newport Heights in the City of Costa Mesa as shown on Map recorded in Book 4, Page 83 of Miscellaneous Maps records of Orange County, California described as follows: Beginning at a point in a line parallel with and distant 30 feet Southeasterly measured at right angles from the centerline of Newport Boulevard, distant South 401 38' 48" West 6.00 feet from the Southwesterly terminus of that certain tangent curve described in Easement deed recorded April 23, 1973 in Book 10657, page 270 of Official Records as having a radius of 17 feet, concave Southerly and being tangent to said parallel line and tangent to a line parallel with and distant 50 feet Southwesterly measured at right angles from the centerline of said 22r'a Street; thence North 40° 38' 48" East; 6.00 feet along said first mentioned parallel line to said Southwesterly terminus of said certain curve; thence Easterly along said certain curve through a central angle of 901 00' 19" an are distance of 26.70 feet to said point of tangency with the line parallel with 22nd Street; thence along said last mentioned parallel line South 49° 20' 53" East 42.00 feet; thence North 55° 04' 05" West, 40.20 feet; thence South 85° 39' 07" West, 26.86 feet to the point of beginning. SEE EXHIBIT B ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Prepared by Paragon Partners Ltd. 5762 Bolsa Ave., Suite 201 Huntington Beach, CA 92649 714-379-3376 74 ja /Z G/ es M. Rushing Date R.C.E. 28219 Exp. 3/31/02 S W C22219 1 rr cXp.3 3/ OZ ;D, CIVIV �• cs� Q, °F CALkr NOT TO SCALE EXHIBIT "B" SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR A STREET EASEMENT AT 22nd STREET AND N/N NEWPORT BLVD. A.P. No. 426-121-22 �<yFESS/p� O NCLYly'`y X 1 z No. 0282 rrI �o I� .m co I0e co W Z z m z 17.00'R 26.70' L �= 90° 00' 19' � 22ND STREET E:: :d*04YOF 0.' N W J WI0 c/)� EXISTING RNV i CITY N49°20'53_W --� EXISTING R/W STATER BROTHERS SHOPPING CENTER AP # 426-121-22 AREA BEING DEDICATED - 275 SQ. Fr. JF COSTA 22ND ST & NEWPORT BLVD A.P. NO. 426-121-22 DRAWN BY: DW POR. LOT 281 OF NEWPORT HEIGHTS BK 4, PG 83 MM DNS 3465 MESA DATE: .06-05-01 THIS IS NOT A SURVEY BUT IS COMPILED FROM EXISTING RECORDS I