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HomeMy WebLinkAbout2004-20 - Condemnation of real property in Orange• RESOLUTION NO. 2004- 20 A RESOLUTION OF THE CITY OF NEWPORT BEACH AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREFOR WHEREAS, the City of Newport Beach ( "City') is a municipal corporation organized and operating pursuant to the laws of the State of California, and is authorized to take properties by condemnation and to hold, use and enjoy such properties as necessary to fully exercise its powers; and WHEREAS, the City has been investigating constructing additional facilities to address the long -term fire and emergency medical service needs in Santa Ana Heights and the airport area of Newport Beach. Since March 2001, the City has been working with the County of Orange and the citizens of Santa Ana Heights to find a suitable location for the construction of a new fire station. After exploration of many different options, City staff has determined that the acquisition of real properties located at 1971 Mesa Drive and 20401 Acacia Street provide the best possible solution for the development of a fire station and training center; and WHEREAS, the City is specifically authorized by virtue of Government Code • section 40404 and other provisions of the statutes of the State of California to take any property or interests in property necessary to carry out the business of the City by condemnation, such power to be exercised pursuant to the provisions of section 1230.020 et seq. of the Code of Civil Procedure; and WHEREAS, the legal notice of intention to adopt a resolution of necessity to acquire by eminent domain the hereinafter described property in fee simple was duly given by the City pursuant to and in compliance with the requirements of Code of Civil Procedure section 1245.235 and which notice advised of a hearing by the City on March 9, 2004; and WHEREAS, a public hearing was held by the City on March 9, 2004, at which the matters set forth in Code of Civil Procedure section 1240.030 were discussed, including the following matters: a) Whether the public interest and necessity require the project; b) Whether the project is planned and located in the manner that would be most compatible with the greatest public good and the least private injury; c) Whether the property sought to be acquired (which is described herein) is necessary for the project; and d) Whether any offer required by section 7267.2 of the Government Code has been made to the owner or owners of record. • • WHEREAS, the City has provided all persons a reasonable opportunity to appear and be heard on those matters referred to in section 1240.030 of the Code of Civil Procedure; and WHEREAS, at such hearing, information on the project and the matters set forth in this resolution was presented to the City by the City Fire Department staff. NOW, THEREFORE, BE IT RESOLVED, the City of Newport Beach hereby declares, finds, and determines as follows: 1. The public interest and necessity require the acquisition of the property described herein. The City Council finds that the acquisition of the herein described property is necessary to advance the business of the City, which property is generally located at 1971 Mesa Drive, Newport Beach, California (APN 439 - 391 -27) and 20401 Acacia Street, Newport Beach, California (APN 439 - 391 -02). 2. The public interest and necessity require the acquisition and taking of fee simple interest of the described real property for construction of a new fire station, which use is a public use authorized by law. Government Code section 40404, among other provisions of the statutes of the State of California, permit and empower this acquisition by the City through its exercise of the power of eminent domain for the stated public use. 3. The real property sought to be condemned is legally described in Exhibit "A" and its location is depicted on Exhibit "B," both of which are attached to this • Resolution and hereby fully incorporated by this reference. 4. The offer required by Government Code section 7267.2 has been made to the owner or owners of record. 5. The taking and acquiring by the City of the property described herein is deemed necessary for the construction and completion of, among other things, fire station and related facilities, and the project is planned and located in a manner most compatible with the greatest public good and the least private injury. 6. As to any portion of the property that is currently appropriated for a public use, the use to which the property is sought to be taken is a more necessary public use and the City is empowered to take for a more necessary public use pursuant to Code of Civil Procedure section 1240.610. 7. In accordance with the California Environmental Quality Act ( "CEQA "; Pub. Res. Code, § 21000 et seq.), the City determined on March 9, 2004 that the project is exempt from the requirements of CEQA based upon a Class 32, Section 15332 Categorical Exemption. 8. The law firm of Stradling Yocca Carlson & Rauth is authorized, empowered and directed to prepare, commence and prosecute an eminent domain action or actions 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 persons and entities claiming or having interests in the above described property, for • the purpose of performing and carrying out all proceedings and steps incident to the condemnation and the acquisition of the property, including obtaining warrants for deposit of funds, orders for prejudgment possession, and other steps necessary to acquire fee simple title to the subject property by and for the City of Newport Beach. • PASSED AND ADOPTED this 9t' day of March, 2004. AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY CLERK • ud •: • Exhibit "A" Legal Description of Subject Property(s) 439 - 391 -27 1971 Mesa Drive, Newport Beach, California Lots 57 through 60, Tract No. 706, per map recorded in Book 21, Page 25 of Maps, in the office of the County Recorder, County of Orange, California. 439 - 391 -02 20401 Acacia Street, Newport Beach, California Portion of Lot 56, Tract No. 706, per map recorded • in Book 21, Page 25 of Maps, in the office of the County Recorder, County of Orange, California. • • Exhibit "B" Location of Subject Property(s) • • STATE OF CALIFORNIA } . COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } 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. 2004 -20 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 9th day of March, 2004, and that the same was so passed and adopted by the following vote, to wit: Ayes: Rosansky, Adams, Bromberg, Webb, Mayor Ridgeway Noes: Heffernan, Nichols Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the • official seal of said City this 10th day of March, 2004. City Clerk Newport Beach, California (Seal) •