HomeMy WebLinkAbout8949 - Superior Avenue WideningRESOLUTION NO. 8949
A RESOLUTION OF NECESSITY OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH OF CONDEMNATION
REQUIRING THE TAKING OF PROPERTY FOR THE WIDEN-
ING OF SUPERIOR AVENUE BETWEEN 15TH STREET AND
INDUSTRIAL WAY AS AUTHORIZED PURSUANT TO THE
CHARTER OF THE CITY OF NEWPORT BEACH AND SECTION
37350.5 OF THE CALIFORNIA GOVERNMENT CODE AND
FINDING THAT THE PUBLIC INTEREST AND NECESSITY
REQUIRE THE PROJECT; THAT THE PROJECT IS
PLANNED AND LOCATED IN THE MANNER THAT WILL BE
MOST COMPATIBLE WITH THE GREATEST PUBLIC GOOD
AND LEAST PUBLIC INJURY; THAT THE PROPERTY
DESCRIBED IN THE RESOLUTION IS NECESSARY FOR
THE PROPOSED PROJECT, AND AUTHORIZING THE CITY
ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS
AND ADOPTING A RIGHT OF WAY MAP
WHEREAS, the Circulation Element of the Newport Beach
General Plan - Master Plan of Highways designates Superior
Avenue as a primary arterial highway requiring a right of way
width of 100 feet, 50 feet centerline; and
WHEREAS, presently Superior Avenue between Industrial
Way and 15th Street is not improved to its master plan width
and lacks complete improvement; and
WHEREAS, the City of Newport Beach intends to undertake
a project whereby Superior Avenue will be widened and improved
from 15th Street to Industrial Way to implement that portion
of the Circulation Element of the General Plan of the City of
Newport Beach; and
WHEREAS, certain property, described hereinafter, must
be acquired by the City of Newport Beach to complete the widening
and improvement of Superior Avenue between 15th Street and
Industrial Way; and
WHEREAS, the project is 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:
1.
It is necessary to
acquire the hereinafter
described real
property, in fee
simple, by condemnation to
implement the Circulation Element of the Newport Beach General
Plan - Master Plan of Highways for Superior Avenue between
Industrial Way and 15th Street.
2. The property hereinafter described will be put
• to the public use of street and highway purposes.
3. The acquisition of the hereinafter described
property is authorized by Section 200 of the Charter of the
City of Newport Beach and Section 37350.5 of the California
Government Code.
follows:
4. The property to be acquired is described as
PARCEL 2
That portion of Lot 169 of Irvine's Subdivision
in the City of Newport Beach, County of Orange,
State of California, as shown on a map recorded
in Book 1, page 88 of Miscellaneous Maps, in
the office of the County Recorder of said Orange
County, California, described as follows:
The northwesterly 20.00 feet of that certain land
described in a deed to Hughes Aircraft Company
recorded April 8, 1966, in Book 7894, Page 763
of Official Records of said Orange County,
California.
PARCEL 3
That portion of Lot 169 of Irvine's Subdivision in
the City of Newport Beach, County of Orange, State
of California, as shown on a map recorded in Book 1,
Page 88 of Miscellaneous Maps, in the office of the
County Recorder of said Orange County, California,
described as follows:
Beginning at the most northerly corner of Tract
4692 as shown on a map of said Tract recorded in
Book 164 pages 22 through 25, inclusive, of
Miscellaneous Maps, records of said Orange County,
California; thence South 49 059124" East 50.00 feet
along the northeasterly line of said Tract 4692
to a line parallel with and distant 20.00 feet
southeasterly, as measured at right angles, from
the northwesterly line of that certain land
described in a deed to Hughes Aircraft Company
recorded April 8, 1966 in Book 7894, Page 763
of Official Records of said Orange County, California,
said point being the TRUE POINT OF BEGINNING; thence
North 40000100" East 25.00 feet along said parallel
line to a point of cusp with a curve concave
-2-
easterly having a radius of 25.00 feet, a radial
line from said point of cusp, bears South 50 °00'00"
East, thence southwesterly, southerly, and south-
easterly 39.27 feet along said curve through a
central angle of 90 100'36" to a point in said
northeasterly line of Tract 4692 distant South
49 059'24" East 25.00 feet, as measured along said
northeasterly line, from the TRUE POINT OF
• BEGINNING; thence North 49 °59'24" West 25.00 feet
along said northeasterly line to the TRUE POINT
OF BEGINNING.
5. The public interest and necessity require the
proposed widening of Superior Avenue between Industrial way
and 15th Street to implement the Circulation Element of the
General Plan - Master Plan of Highways.
6. The proposed project is planned or located in
the manner that will be most compatible with the greatest public
good and least private injury in that the property to be
acquired constitutes only a small portion of a parking lot and
will not result in undue damage to private property while
facilitating the public good by improving the traffic circulation
and vehicular and pedestrian safety in the subject area and
further, the project will provide a bike trail, sidewalk, median
and additional traffic lanes to accomplish said purposes.
7. The property described in this Resolution is
necessary for the proposed project for, without the additional
right of way, the Circulation Element of the General Plan of
the City of Newport Beach cannot be implemented to accommodate
the necessary and required widening of Superior Avenue between
Industrial Way and 15th Street.
8. 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, in and 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 property for the purpose of condemning and acquiring
said property for use by the City of Newport Beach.
-3-
9. A map showing the subject property is attached
hereto, marked Exhibit "B" and adopted as the right of way
• map for the property to
be
acquired
hereunder.
ADOPTED this
13th
day of
December , 1976
ATTEST:
LA-
f!ity Clerk
C RTIFIED AS iE 0- IGINAL
ITY CLERK OF THE CITY OF NCWV
DATEI DEC 15 1976
•
Vii'
mayor
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12/10/76
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