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HomeMy WebLinkAbout90-102 - Fire Station ConstructionRESOLUTION NO. 90 -102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH OF PUBLIC NECESSITY AND INTENT TO CONDEMN BY EMINENT DOMAIN CERTAIN REAL PROPERTY SITUATED AT 122 -124 MARINE AVENUE, BALBOA ISLAND, CALIFORNIA, NEEDED FOR THE CONSTRUCTION OF A FIRE STATION. • WHEREAS, this Resolution is adopted pursuant to California Code of Civil Procedure Section 1245.230; and WHEREAS, in accordance with California Code of Civil Procedure Section 1245.235, notice was given to the property owner stating the intention of the City Council to adopt a resolution of public necessity for the acquisition of the entire parcel at 122 -124 Marine Avenue, Balboa Island, California; the subject property is more particularly described as follows: The real property situated in the State of California, County of Orange, City of Newport Beach, being: Lots 17 and 18, Block 2, Section 4, Balboa Island, in the City of Newport Beach, as per map recorded in Book 7, Page 37, Records of Orange County, California, excepting therefrom the westerly ten feet thereof; and WHEREAS, the real property to be acquired is located within the City limits and shall be used for construction of a fire station; and WHEREAS, the right of the City to acquire and hold real property for purposes necessary to carry out any of its powers or functions is authorized by virtue of the Statutes of the State of California and Section 200 of its Charter, and the power to acquire property by eminent domain is provided in California Government • Code Section 37350.5; and WHEREAS, a hearing was duly held on October 22, 1990 and the representatives of the owner were given an opportunity to be heard; and 01 WHEREAS, the City Council finds and determines that the public interest and necessity require the construction of a fire station on Balboa Island because the restricted single access street to Balboa Island makes fire protection for residents and businesses on the Island difficult due to high public and tourist traffic; and WHEREAS, the City Council finds and determines that the project is planned and located in a manner consistent with the City's general plan, which will be most compatible with the greatest public good and least private injury; and WHEREAS, the City Council further finds and determines that the taking of the subject property is necessary for the project because the property is twice the area of the current fire station site, would better meet the needs of the residences and businesses on Balboa Island and is located for improved access to all areas of Balboa Island; and WHEREAS, the City Council further finds and determines that an offer was made to the owner of the subject property to purchase for a sum the City Council believes would constitute just compensation as required by California Government Code Section 7267.2. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach as follows: 1. The public interest and necessity require the proposed project. 2. The City Manager and Director of Finance are authorized and directed to take such actions as are deemed necessary to acquire the subject property. 3. In the event negotiations for the purchase of the real • property are unsuccessful, the City Attorney is hereby authorized and directed to institute as necessary, an action in eminent domain to acquire the real property referred to herein and to seek immediate possession thereof. 2 • u 4. The Director of Finance is hereby authorized and directed to draw such warrants as may be required by the Court as deposit of probable just compensation to comply with California Code of Civil Procedure Section 1255.010, et seq. ADOPTED, this 22nd day of October , 1990 MAYOR ATTEST: 3