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HomeMy WebLinkAbout84-84 - Condemning the Fee Interest - North Ford SiteRESOLUTION NO. 84 -84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY • OF NEWPORT BEACH DECLARING THE NECESSITY OF CONDEMNING THE FEE INTEREST IN A PARCEL OF PROPERTY ON THE NORTH FORD SITE FOR THE DEVELOPMENT OF HOUSING AFFORDABLE TO PERSONS OF LOW AND MODERATE INCOME WHEREAS, the City of Newport Beach has an adopted housing element which contains policies for providing housing affordable to all economic segments; and WHEREAS, the City of Newport Beach has identified certain sites within the City as suitable for the construction of affordable housing; and WHEREAS, the Land Use Element and Housing Element of the City's General Plan have identified North Ford as an appropriate site for the construction of housing affordable to persons of low and moderate income; and WHEREAS, the City has identified a parcel of property within North Ford that it believes is suitable for acquisition as a site for low and moderate income housing. That parcel is legally described as follows: A portion of Block 57 of Irvine's subdivision as shown on the map filed in Book 1 Page 88 of Miscellaneous Maps, Records of Orange County, California, described as follows: Beginning at the northeasterly terminus of that course having a bearing of S 24 020109" W and a distance of 83.56 feet as described in the Deed to the State of California recorded in Book 12289, Page 1726 of Official Records (the bearing of said course for the purpose of this description shall be S 24 019159" W, 83.56; thence continuing along the westerly line of the land described in said Deed S 1 143112" W, 447.121; thence leaving said westerly line N 88 016'48" W, 105.00 feet to the beginning of non - tangent curve concave northerly; thence • westerly along said curve having a radius of 720.00 feet, a radial line to said beginning bears S 4 009134" E, through a central angle of 9 023133 ", an arc distance of 118.03 feet; thence N 1 043112" E, 358.84 feet; thence N 88 016'48" W, 35.00 feet; thence N 1 043'12" E, 310.00 feet; thence N 88 016148" W, 25.00 feet; thence N 1 °43112" E, 260.00 feet; to the beginning of a non - tangent curve concave southerly; thence easterly along said curve having a radius of 670.00 'feet, a radial line to said beginning bears N 7 013105" W, through a central angle of 8 °01'05 ", an arc distance of 93.76 feet; thence S 89 012100" E, 73.87 feet to the beginning of a tangent curve • concave southwesterly; thence easterly and southeasterly along said curve having a radius of 90.00 feet, through a central angle of 44024155". an arc distance of 69.77 feet to a point of reverse curve concave northwesterly; thence southeasterly, easterly, northeasterly and northerly along said curve having a radius of 50.00 feet, a radial line to said point bears S 45 012155" W, through a central angle of 133029'43", an arc distance of 116.50 feet to a point on the westerly line of the land described in said deed; thence along said westerly line, S 1 043112" W, 422.96 feet to the point of beginning. Containing 5.67 acres, more or less; and WHEREAS, the City is eligible to receive a grant from the United States Department of Housing and Urban Development to purchase land for the purpose of acquiring a site for development of low and moderate income housing; and WHEREAS, the City of Newport Beach intends to use some, or all, of the grant from the Department of Housing and Urban Development to purchase the property described above; and WHEREAS, the City of Newport Beach intends to proceed with the acquisition of the property at the earliest possible time to ensure expeditious use of the Federal funds; and WHEREAS, through condemnation proceedings, the City can ensure the availability of land on the North Ford site for the affordable housing project; and WHEREAS, the acquisition of the property is necessary for the development of the proposed low and moderate income housing; and WHEREAS, the affordable housing development is planned • and located in a manner that is most compatible with the greatest public good and the least private injury; and WHEREAS, the proposed acquisition is necessary and in the public interest; and WHEREAS, the City has complied with the provisions of Section 7267.2 of the Government Code; and 2 WHEREAS, the City will, during the process of acquiring the property, comply with all applicable Federal statutes, rules and regulations; and WHEREAS, those persons whose property is to be acquired by the City of Newport Beach have been given written notice of the intention of the Council to adopt this resolution, a reasonable opportunity to appear and be heard on the matters referred to in the resolution, and have waived the right to the notice and hearing provided by Section 1245.235 of the Code of Civil Procedure; and WHEREAS, an Environmental Impact Report (EIR) has been prepared and certified in connection with GPA 82 -1, which fully and completely discusses the environmental effects of the proposed project; and WHEREAS, facts and circumstances present at the time of the preparation and certification of the EIR for GPA 82 -1 are substantially similar to the facts and circumstances present today, and no additional environmental documentation is required with respect to the proposed project which is, in effect, a portion of the larger project analyzed in the EIR. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach, as follows: SECTION 1. The public interest and necessity require the acquisition of property in that parcel commonly referred to as North Ford for the purpose of providing affordable housing to persons of low and moderate income; and SECTION 2. The acquisition of the property is authorized by Section 200 of the City Charter of the City of Newport Beach and Section 37350.5 of the Government Code of the State of California; and 3 SECTION 3. The property to be acquired is described as follows: A portion of block 57 of Irvine's subdivision as shown on the map filed in Book 1 Page 88 of Miscellaneous Maps, Records of Orange County, California, described as follows: Beginning at the northeasterly terminus of that course having a bearing of S 24 020109" W and a distance of 83.56 feet as described in the Deed to the State of California recorded in Book 12289, Page 1726 of Official Records (the bearing of said course for the purpose of this description shall be S 24 "19'59" W, 83.56; thence continuing along the westerly line of the land described in said Deed S 1 °43112" W, 447.121; thence leaving said westerly line N 88 016148" W, 105.00 feet to the beginning of non - tangent curve concave northerly; thence westerly along said curve having a radius of 720.00 feet, a radial line to said beginning bears S 4 009134" E, through a central angle of 9 023'33 ", an arc distance of 118.03 feet; thence N 1 "43112" E, 358.84 feet; thence N 88 016'48" W, 35.00 feet; thence N 1 °43112" E, 310.00 feet; thence N 88 016148" W, 25.00 feet; thence N 1 043112" E, 260.00 feet; to the beginning of a non-tangent curve concave southerly; thence easterly along said curve having a radius of 670.00 feet, a radial line to said beginning bears N 7 013105" W, through a central angle of 8 001105 ", an arc distance of 93.76 feet; thence S 89 012100" E, 73.87 feet to the beginning of a tangent curve concave southwesterly; thence easterly and southeasterly along said curve having a radius of 90.00 feet, through a central angle of 44 024155 ", an arc distance of 69.77 feet to a point of reverse curve concave northwesterly; thence southeasterly, easterly, northeasterly and northerly along said curve having a radius of 50.00 feet, a radial line to said point bears S 45 "12155" W, through a central angle of 133 02914311, an arc distance of 116.50 feet to a point on the westerly line of the land described in said deed; thence along said westerly line, S 1 043112" W, 422.96 feet to the point of beginning. Containing 5.67 acres, more or less; and SECTION 4. The proposed project is planned and located in the manner that will be most compatible with the is greatest public good and least private injury, in that the property to be acquired is situated within a parcel currently designated for affordable housing toy the Land Use and Housing Elements of the General Plan of the City of Newport Beach; the land use designation and the proposed project each contemplate a significant number of affordable units; the proposed project is consistent with the General Plan of the City of Newport Beach; and the site to be acquired is located within a parcel for which development plans are currently being processed and the is affordable units can be constructed in conjunction with the other units on site, thereby ensuring prompt construction of the affordable units; and SECTION 5. 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 of 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 an affordable housing development by the City of Newport Beach. The City Attorney is further authorized and directed to take all steps necessary to complete the acquisition of said property. Further, the City Manager is hereby authorized to accept deeds or grants conveying fee simple interest in the property to be acquired, and is further authorized to consent to the recordation, by the County Recorder, of any such deed or grant; and SECTION 6. A map showing the subject property is attached hereto, marked Exhibit "A," and for reference purposes incorporated herein. ADOPTED this 23RD day of JULY , 1984. ay • ATTES City Clerk RSB /Condemn 5 1 ♦ y a45 � .� a ta• � T i zYijf; V a � l i / ca a si m T f ps G(m, Jcc if CO tee r tt {j ! r 1r ��f33.:: i I 1 f ,r,, AA � A • �J � e _...Gf2;zC3 \ r \ N �,�'„[ r Vs E f4/.,� xa r� /.U.- If 'M-9 Ir r :(•i 11111�� 3 Aw r r \ � if x' [ �(( ' r Lh} 14ZIIY1 Ij � i i V "i r xo' a \ ��0• CD,� tw as \•i\ \ e. 4t 1 Y i_ x.. . li T•�:�J °F �/ t `t a'ta"