HomeMy WebLinkAboutF-2a - Mariners Mile Parking Lot Access RoadMay 11, 1981
4 33 CITY COUNCIL AGENDA
ITEM NO.q�
7 (i y
'I del'l ttTf--tbUNC IL
f&ks Department
SUBJECT: MARINERS MILE PARKING LOT ACCESS ROAD'
RECOMMENDATION:
Adopt a resolution accepting a grant deed from the John Jay Jakosky
Trust for a 15-f6ot-wide strip of -land 242.90 feet long to be used
as part of an access road to the Mariners Mile Parking Lot.
DISCUSSION:
The 1980-81 budget includes an appropriation for construction of the
Mariners Mile.parking lot and access road -.'.The access road will run easterly
from Tustin Avenue along the foot of the bluff to the.proposed'parking lot.
The access road..wi11 cross four parcels of.land.- -Two parcels have
previously been acquired: a vacant lot facing -Tustin -Avenue and a small parcel
adjoining it on the northeast._ The parcel from the John Jay Jakosky Trust is
the third. A small. irregular parcel remains ,to be acquired from Mrs. Oser. The
location of the.-parcels.is shown on the attached sketch:
Benjamin B. Nolan
Public Works Director
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CITY OF NEW PORT BEACH
DRAWN Z- �_ � DATE 4-�• 8•
PUBLIC WORKS DEPARTMENT APPROVED
&je,4AIT - ���� PUBLIC WORKS. DIRECTOR _
R.E. NO.
Tn �/
/ L� �� / FDRAWING° No
RESOLUTION NO.' 11.0 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH ACCEPTING A GRANT DEED FROM
THE JOHN JAY JAKOSKY TRUST FOR A 15 FT. WIDE
STRIP OF'LAND 242.90 FT. LONG TO BE USED AS A
PART OF THE ACCESS ROAD TO THE MARINERS -MILE
PARKING LOT
WHEREAS, on March 23, 1981 the City Council adopted its
Resolution No. 100.01 authorizing the condemnation of,certain
property to provide access to the City -owned park.ing lot in the
Mariners Mile area; and
WHEREAS, the owner of said. property has agreed to sell
said property under threat of.condemnation, and has prepared and
executed a Deed to said property; and
WHEREAS., it is appropriate for the City to..accept said
property for the purposes set forth in -Resolution No. 10001
NOW, THEREFORE, BE IT RESOLVED -by the City Council of
the City of Newport Beach that the Deed to'said property from the
John Jay Jakosky Trust be and it is hereby accepted.
BE IT FURTHER RESOLVED that the City Manager is hereby
authorized and directed to indicate on said Deed that it has been
accepted by the City of Newport Beach. The City Clerk is hereby
authorized and directed to cause said Deed.to be recorded in the
office of the Recorder .of the Recorder of the County of Orange.
ADOPTED this day. 'of MAY 1 , '1981.
ATTEST:
City Clerk
Mayor
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5/11/81
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ECt7,CIIr RLQIJLY
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.,unicipal Corporation
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A,iD 'EiiiFN RECORDED MWL T.0
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Name
Mr. R. Wynn., City Manager
I-
Street
A9dress
City of Newport Beach
EXEMPT
City &
3300 Newport Blvd.
State
Newport BeachCalifornia
C 2
92663
SPACE ASOV
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RECWDED IN 9ifI.CIAL RECO"s
Of DRAINGE ClUNTf, CALIFO"IAI
-� oo PM MAY'29 '$ �
LEE A. BRAND, C"ntj tft
THIS L
KAF4 pCLJ (;j�j� �j4r DOCUh1ENTARY TRANSFER TAX None
RUMN fr'; COMPUTED Otr FULL VALUE OF PROPERTY CONVEYED,
No. = I OR COMPUTED ON FULL VALUE LESS LIENS AND
ENCUMBRANCES REMAINING AT TIME OF SALE.
FOR A VALUABLE' CONSIDERATION, receipt of which is hereby acknowledged, C Newport Beach
:V=w - J0W _ 4A-Y. JAKOSK: -T. -RUST
GRANT to The .City of Newport Beach
F
the real propertyin the City of Newport Beach
State of California, described as:
Signalut ...... a 41 r �erm;ning tax. firm Name
t ']
a
C;;'Y
OV - do e s hereby
County of orange
Per .Legal Description and Map as shown on. 'Exhibit A
.and Exhibit B attached hereto and forming an integral
part of this Grant Deed,
This Deed is executed pursuant to the Condemnation
action of the City of Newport "Beach as outlined in
City Resolution No. 1.0001 adopted March 23, 1981,
and City of Newport Beach Modification Ft-pplication.
No, 2679, approved Lpril 7, 1961.
} trn Jak s—y, Jr.— (Trustee)
State of California,
S5.
Count of __.-..,. ''' li.=r':�—�
On __ .-_..._...._.!.L f �: 4s :<�'._._�.�:'... ___ .._._, , before rile; the undersigned, a Notary Public in and
for said State, perso iidy appeared.,—_.-
known to pie to be the person _ . whose name .... ... .... �' ' .._.—_... subscribed to the within instrument and acknowledged that
executed 1:hL
same-
ITNES
[Sol)......_
Wail Publ•�c ivnl 4Dr said state.
f / tyi}..�.'faili,' •r_�i."l.'. J'�f�:, �:i�'�i J, lL��j `a
MAIL TAX
.- MAIL TAX S7RTCT:',[NTS 7U r1ETURN ADi)RL-55 Af10VL.
STATEMENTS TO__.-----N/`
NAME ADDRESS - ZIP
DEEr2--000E--W0LG0TT5 FORM 772--•- REV. 2-70
8 pt, type ar.11arger
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BK 14079 PG 930
.This is to certify that the interest in real property conveyed by the
r deed or grant dated April 30, 1981 , from THE JOHN JAY JAKOSKY TRUST
to the City of Newport Beach, a municipal corporation, is hereby accepted by
the City Manager on the 21st day of:- MAY 1981 ;
and the grantee consents to recordation thereof by its duly authorized
officer.
Dated May 21, 1981
r -
Authorized by City Council Resolution No. 6773
ROBERT L. WYNN, CITY MANAGER
MARINERS MILE PARKING LOT
ACCESS ROAD
- -- . PROPRTY�iO` BE PURCHASED FROM JAKOSKY
LEGAL DESCRIPTION
The northeasterly 15 feet measufred at right angles, of -the
southwesterly 100 feet, measured at right angles, of that portion of
Lot A, Tract 919, in the City of:Newport Beach, County of Orange,
State of California,'as per map recorded in Book 29, Pages 31-34 in-
clusive, of Miscellaneous Maps, Records of said Grange County, de-
scribed as follows:
Beginning at a point -in the northwesterly line of that
certain parcel of land described .in deed recorded
February 21, 1933, in Book'-607, Page 57,.of Official
Records of said County, said point being North 390 43' 30"
East a distance of 310.40 feet from the southwesterly
line of -said Lot A; thence North 390 43' 30" East along
said northwesterly line and parallel with the south- _
easterly line of Lot A, a distance of 333.53 feet to
a point i-n the northeasterly line of said Lot A, which
line is also the southerly line of Ocean Drive., as.
.shown upon said map; thence North 500 15' 10" West
along said southerly line of Ocean Drive, a distance:
of 60.31 feet to the point of beginning of a curve
concave to the northeast and having a radius of
50.00 feet; thence along said curve a distance 32.16 feet
to the end of curve; thence North 130 23' 50" Most
along the southwesterly line of Ocean Drive, a dis-
tance of 185.46 feet to a point, said point being'
.South 130 23' 50" East a distance of 156.26'feet from
the intersection of the southwesterly line of Ocean
.Drive and the southwesterly extension of the south-
easterly line of Tustin Avenue as shown upon said map
of Tract No. 919; thence South 390 43' 30" West along
a li.ne parallel to the southeasterly line of Lot A,
a'distance.of 500.09 feet to a point; thence South
610 00' 30" East along a line parallel with the'south-
westerly line of Lot A, a distance 24:2.90*feet to
the point of beginning.
Area. .3,643.50 square feet
Reference.: City of Newport Beach Drawing No. R/W-5438-L
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CITY OF N EWPORT BEACH DRAWN �� DATE -
PUBLIC ,WORKS DEPARTMENT APPROVED
PUBLIC WORKS DIRECTOR
x R.E. M .1
VIDRAWING NO.�,C%1/'Y�U Z
EXHIBIT 8
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NAM
JAKOS KY TRUST
8.98 WEST 187„ STREET COSTA MESA* CALIFORNIA 92527 I PHONE: (714) 548-8781
March 18, 1981.
RECEIVED
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R9AR 12 01
Miss Wanda E. Andersen Z �Vf4VP0 T OF
��
City Clerk LlF.
City of Newport Beach Ij
3300 Newport Blvd. ry
Newport Beach, California 92663
Dear Miss Andersen:
We. received your "Notice of Intention of the
City Council of the City of Newport Beach to
Adopt.a Resolution of Necessity" at a hearing
on March 23, 1981.
Should the Council have any questions regarding
this parcel of land I will be present at the
meeting.
Very truly yours,
�J. Jykosky, J //
67,-
March 10, 1981
CITY OF NEWPORT BEACH I
OFFICE OF THE CITY CLERK
(714) 640-2251
OWNER: John J. Jakosky, Jr. Trustee
Jakosky Trust
ADDRESS: 898 W. 18th Street
Costa Mesa, CA 92627-
PARCEL NO.: 49-140-40
2500 West Coast Highway
Newport Beach, CA
Subject: Notice of Intention of the City Council of.the
City of Newport Beach to Adopt a Resolution of
Necessity
Dear Mr. Jakosky:
Inasmuch as you own the property described herein and/or
your name and address appear in the last. equalized assessment
roll as the owner of the property described herein, the City
Council of the City of Newport Beach, pursuant to Code of Civil
Procedure Section 1245.235, hereby gives you notice that it
intends to adopt a Re.s.olution of Necessity,(condemnation resolution)
at a meeting of the City Council of the City of Newport Beach to
be held at 7:30 p.m. on March 23, 1981.
The public use for which the property is to be taken pursuant
to the resolution is to provide access to City -owned property for
automobile parking and related uses.
The adoption of the resolution will be followed by the
filing of an eminent domain (condemnation) action in Orange County
Superior Court, which action will affect the rights in the real
property in question owned by you.
The resolution of Necessity which the City Council of the
City of Newport Beach intends to adopt will contain a description
of the general location and extent of the property to be taken. It
will also contain a declaration that the City Council has found and
determined each of the following:
Ciis, 11A) • '3300 'Newport Boulevard. Ne«q)ori Beiich. California 92663
John J. Jakosky, Jr. Trustee -- 2 -
Jakosky Trust
(1) that the public interest and necessity require the
proposed project;
(2) that the proposed project is planned or located in a
manner that will be most compatible with the greatest
public good and the least private injury; and
(3) that the property described in the resolution is necessary
for the proposed project.
This notice is being sent to you by first --class mail, as required
by law, and is addressed to the name and address which appears on
the last equalized County Assessment Roll for each owner of property
which is affected by the proposed taking. The purpose of this notice
is to give you a reasonable opportunity to appear at the City Council
meeting and be heard on the following matters:
(1) whether public interest and necessity require the
project;
(2) whether the project is planned or located in a manner
that will be most compatible with the .greatest public
good and the least private injury; and
(3) whether the property sought to be acquired is necessary
for the project.
You are hereby notified that you have .a right to .appear at
the Newport Beach City Council meeting to be held on March 23, 1981,
at 7:30 p.m., at the City Council Chambers located at 3300 Newport
Boulevard, Newport Beach, California, and to be heard on these
matters.
In order to exercise your right to appear and be heard, you
must file a written request to appear and be heard within fifteen
(15) days after this notice is mailed. Such request should be filed
at the office -of the City Clerk of the City of Newport Beach, located
at 3300 Newport Boulevard, Newport Beach, California, 92663. Failure
to file a written request to appear and be heard within fifteen (15)
days after this notice has been mailed may result in a waiver of
your right to appear and be heard. The City Council need not give
an opportunity to appear and be heard to any person who fails to so
file a written request.
Sincerely,
CITY OF NEWPORT BEACH
WANDA E. ANDERSEN`
City Clerk
ib
xc: City Manager/City Attorney/File
COUNCIL AGENDA ITEM
d
CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
By zn t;jfY COUNCI€. March 23, 1981
CITY 'C0 ;WPORi BEACH
TO: -MAYOR AND CITY COUNCIL
FROM: City Manager
SUBJECT: OFF-STREET,PARKING LOT DEVELOPMENT/MARINERS MILE AREA
In 1976, the City of Newport Beach purchased a 1.04 acre
parcel of property east of Tustin Avenue and north of Pacific Coast
Highway to be used as a parking facility. The need for this lot
was developed during review of the Mariners Mile specific area
plan. It was determined that eventually on -street parking on
PCH may be eliminated to provide for six lanes in the subject area.
This 1.04 acre parcel, which can provide from 113 to 118 parking
spaces, could compensate for`that lost if and when parking is pro-
hibited on PCH. Additionally, it was believed by the City that
the parcel.should be acquired and developed to provide an off-
street parking facility within the Mariners Mile area. The City
acquired the parcel from CALTRANS for a total cost of $120,000.00.
At the time of acquisition the Council requested staff to attempt
to obtain access from Tustin Avenue rather than PCH.. Ingress and
egress is substantially improved if access is obtained through
Tustin rather than off of PCH.
Attached, as Exhibit A, members of the Council will find
:a plot map showing the area and the parcels currently owned by the
City and the parcel to be acquired from Mr. Jakosky. Also attached,
as. Exhibit B, is a copy of a tentative parking lot layout. Final-
ly, Exhibit C, depicts the proposed access improvement from Tustin
to the proposed off-street parking lot.
The 1980-81 fiscal year budget contains an appropriation
of $2.30,000 to "provide for construction of a parking lot to ac-
commodate approximately 115 cars and for construction of an access
lot from Tustin Avenue."
For approximately five months the City has been meeting
with Mr. Jakosky and, subject to the eminent domain action on the
agenda, the following proposal has been developed.
1. The City will acquire the northerly 15' from the
subject parcel..
2. A lump sum cash payment of $53,814.50 will be paid
for the acquisition of said parcel. Said sum is calculated on
the basis of the City acquiring 3,643.5 square feet at a cost of
$14.77.per square foot. This price is 'fixed by an appraisal and
is similar to that paid by the City for the acquisition. of Mrs.
Oser's property in 1979.
Page -2-
3. The City will improve access to Tustin Avenue with
curbs, gutters, and pavement providing for two curb cuts on Mr.
Jakosky's property.
4. The City will consider granting a modification to
Mr. Jakosky to the parking lot landscape requirements and the
parking space setback requirements. The Modification Committee
will consider these variances at their March, 1981 meeting. These
variances, if approved, will provide Mr. Jakosky with sufficient
parking so that he, in turn, will not claim severance damages
against the City.
5. The improvements, including access pavement and
parking lot development, is to be completed by the City as soon
as possible, but in no event later than one year from close of
escrow. If the improvements are not. completed in the one year
period, the City is to be reimbursed that paid for"the parcel
with no interest and the City is -to deed back to Mr. Jakosky the
151 strip of subject land.
If the City is successful in acquiring Mr. Jakosky's
property, the only remaining parcel to be acquired is a small
triangle from Mrs. Oser (see Exhibit A) and the City will have
all of the right-of-way required to construct. this needed facility.
The staff should report back on the remaining parcel within 30 to
45 days.
In conclusion, it should be reported that the City's
Off -Street Parking Committee has been instrumental in making this
project possible and has wholeheartedly supported the acquisitions
and development of this facility.
Q,&,f aco
ROBERT L. WYNNiNr%
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RESOLUTION NO. I0 001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH DECLARING THE NECESSITY OF
CONDEMNATION, REQUIRING THE TAKING OF THE FEE
INTEREST IN THE PROPERTY HEREINAFTER DESCRIBED
TO PROVIDE ACCESS TO CITY OWNED PROPERTY, AS
AUTHORIZED PURSUANT TO THE CHARTER OF THE CITY
OF NEWPORT BEACH AND SECTION 37350.5 OF THE
CALIFORNIA GOVERNMENT CODE, 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 PRIVATE INJURY, THAT THE PROPERTY
DESCRIBED IN THE RESOLUTION IS NECESSARY FOR
THE PROPOSED PROJECT, AND AUTHORIZING THE CITY
ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS
(ACCESS TO CITY PARKING LOT-AVON STREET)
WHEREAS, the City of Newport Beach presently owns
certain real property easterly of Avon Street which has been
acquired and intended to be used as a City parking lot; and
WHEREAS, the City has acquired a parcel fronting on
Tustin Avenue to gain access part -way to said property, but there
.presently exists a gap in City right-of-way to gain full access
to said property from Tustin Avenue; and
WHEREAS, the specific area planned for Mariners Mile
contemplates the development of the City owned parking lot
located easterly of Tustin Avenue on the extension of Avon
Street; and
WHEREAS, an environmental impact report (EIR) has been
prepared and certified in connection with the specific area
planned for Mariners Mile and fully and completely discusses the
environmental effects of the parking and traffic circulation plan
for the area of which the Avon Street extension is a part; and
WHEREAS, the environmental impacts of the Avon Street
extension and those of the proposed condemnation are essentially
identical, the latter being a portion of the larger project; and
WHEREAS, the facts and circumstances present at the time
of the preparation and certification of the EIR are substantially
similar to the facts and circumstances present today and the
environmental impacts of said project are adequately addressed in
the EIR and mitigation measures adopted; and
WHEREAS, to gain access to said property will
necessitate the acquisition of the hereinafter described
property; and
WHEREAS, the design of the public improvement is such
that the acquisition of the hereinafter described property is
necessary and that no other feasible design alternative is left
available to the City for development of said.City owned parking
lot on the extension of Avon Street; and
WHEREAS, the public project is planned and located in a
manner that is most compatible with the greatest public good and
least private injury; 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%
j- SECTION 1.. The public interest and necessity require
the development and improvement of City owned property located
-2-
easterly of Avon Street into a parking lot, consistent with the
specific area planned for Mariners Mile,
SECTION 2. The property which is described hereinafter,
is to be used to provide access to said City owned property on an
alignment which is an extension of Avon Street, easterly of
Tustin Avenue. It is necessary to acquire the hereinafter
described property to provide access to the City owned property
to allow the development of a City owned and maintained parking
lot
SECTION 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.
SECTION 4. It is necessary to acquire the hereinafter
described property to provide access to the City owned property
to be developed as a parking lot.
SECTION 5. The property to be acquired is described on
Exhibit "A" attached hereto and incorporated herein by this
reference as if set out in full.
SECTION 6. The proposed project is planned and located
in a manner that will be most compatible with the greatest public
good and least private injury in that the property to be acquired
is the only practical property over which access to said City
owned and maintained parking lot may be obtained.
SECTION 7. The property described in this Resolution is
necessary for the proposed project for without the access to said
-3-
City owned property the facility cannot be used.
SECTION 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 of and on behalf of the City of
Newport Beach against all owners and claimants of the hereinabove
described property for the purposes of condemning and acquiring
said property for public use 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.
SECTION 9. A map showing the subject property is
attached hereto, marked Exhibit "B" and for reference purposes
incorporated herein.
ADOPTED this -,?'5` day of , 1981.
Mayor .
ATTEST:
City Clerk
Pr
032381
MARINERS MILE PARKING LOT
ACCESS ROAD
PROPERTY TO*BE PURCHASED FROM JAKOSKY
LEGAL DESCRIPTION
The northeasterly 15 feet meastfred at right angles, of the
southwesterly 100 feet, measured at right angles, of that portion of
Lot A, Tract 919, in the City of'Newport Beach, County of Orange,
State of California, as per map recorded in gook 29, Pages 31-34 in-
clusive, of Miscellaneous Maps, Records of said Orange County, de-
scribed as follows:
Beginning at a point in the northwesterly line of that.
certain parcel of land described in deed recorded
February 21, 1933, in Book 607, Page 57, of Official
Records of said County, said point being North 390 43' 30"
East a distance of 310.40 feet from the southwesterly
line of said Lot A; thence North '390 43' 30" East along
said northwesterly line and parallel with the south-
easterly line of Lot A, a distance of 333.53 feet to
a point in the northeasterly line of said Lot A, which
line is also the southerly line of Ocean Drive, as.
shown upon said map; thence North 500 15' 10" West
along said southerly line of Ocean Drive, a distance
of 60.31 feet to the point of beginning of a curve
concave to the northeast and having a radius of
50.00 feet; thence along said curve a.distance 32.16 feet
to the end of curve; thence North 130 23' 50" West
along the southwesterly line of Ocean Drive, a dis-
tance of 185.46 feet to a point, said point being
South 130 23' 50" East a distance of 156.26 feet from
the intersection of the southwesterly line of Ocean
Drive and the southwesterly extension of the south-
easterly line of Tustin Avenue as shown upon said map
of Tract No. 919; thence South 390 43' 30" West along
a line parallel to the southeasterly line of Lot A,
a distance of 500.09 feet to a point; thence South
610 00' 30" East along a line. parallel with the south-
westerly line of Lot A, a distance 242.90"feet to
the point of beginning.
Area: 3,643.50 square feet
Reference: City of Newport Beach Drawing No. R/W-5438-L
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EXHIBIT A
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CITY OF NEWPORT BEACH DRAWN .Pry- DATE _3 �7-A1
PUBLIC .WORKS DEPARTMENT APPROVED
G1P.�JI�tIT' ,D��,D PUBLIC WORKS DIRECTOR
R.E. N0:LBIOS—
A0 C1 I
EXHIBIT B
COUNCIL AGENDA NO. T) -3
CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER.
By May 11, 1981
CITY Of.
TO: MAYOR AND CITY COUNCIL
FROM: City Manager
SUBJECT: OFF-STREET PARKING DEVELOPMENT/OSER PROPERTY
In 1976 the City of Newport Beach purchased a 1.04
acre parcel of property east of Tustin Avenue and north of.
Pacific Coast Highway to be used as an off-street parking facili-
ty. The need for this lot was developed during review of the
Mariners Mile Specific Area Plan. It was determined that even-
tually on -street parking on PCH may be eliminated to provide for
six -lanes in the subject acre. This 1.04 acre parcel, which can
provide from 113 to 118 parking spaces, could compensate for that
lost if and when parking is prohibited on PCH. Additionally, it
was believed by the Off-street Parking Committee and the City
Council that the parcel should be acquired and developed to pro-
vide an off-street parking facility within the Mariners Mile area
regardless of whether parking was or was not removed from PCH.
The City acquired the parcel from CALTRANS for a total cost of
.$120,000. At the time of acquisition the Council requested staff
to attempt to obtain access from Tustin Avenue rather than PCH.
Ingress and egress is substantially improved if access is ob-
tained through Tustin rather than from PCH.
Attached, as Exhibit "A", members of the Council will
find a plot map showing the area and the parcels currently owned
by the City and the parcel to be acquired from. Mrs. Oser. Also.
attached, as Exhibit "B", is a copy of a tentative parking lot
layout. Finally, Exhibit "C", depicts the proposed access im-
provement from Tustin to the proposed off-street parking lot.
The City has now acquired all parcels, except the small triangular
parcel currently owned by Mrs. Oser. The 1980-81 fiscal year
budget contains an appropriation of $2300000 to provide for the
off-street parking facility and access improvements.
In 1979 the City acquired from Mrs. Oser the parcel
adjacent to Tustin Avenue, -designated by the Assessor's Office
as Parcel 12. At that time the City did not acquire the triangular
parcel located on Assessor's Parcel No. 39, because it was hoped
that the triangular parcel would not be needed.. Through the
negotiations with Mr. Jakosky, however, and after more precise
engineering plans had been developed, it was determined that the
small triangular lot owned by Mrs. Oser would, in fact, have to
be acquired by the City to properly construct the access improvements.
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CITY OF NEWPORT BEACH
(714) 640-2151
April 1, 1981
Mr. Charles A; McKenna, Jr.
Law Offices of Paul, Hastings, Janofsky
& Walker
Sevent:eehth Floor
695 Town Center Drive
Costa Mesa, California 92626
.Dear Mr.. McKenna:
3n October of 1979, the City first contacted you or Mrs.
Oser concerning the acquisition of a parcel. of property
identified as Lot 12, fronting on Tustin Avenue. The City
had the subject parcel appraised on November 14th, and a
copy of this appraisal was submitted to you. In December
of 1979, I attempted to contact you again to determine the
willingness of your client, Mrs. Oser, to sell the subject
parcel. Other contacts were made on January 10, 1980, and
finally on February llth the City Council conducted a -public
hearing and adopted the resolution of taking for the subject
Parcel 12.
During these negotiations you expressed a desire that the
City taking be limited to Parcel 12. The City indicated to
you at that time that the.access road for which'Parcel 12
was needed had not been designed, but that.we would make
every effort to limit the City taking to Lot 12 and, if
poss4ble, not touch Parcel 39, also owned by your client,
Mrs. Oser. The City has now developed the proposed improve -
me, -It glans to a greater degree and now finds it necessary
to acgi.Aire a small triangle . from Lot 39.
E"!en thotigh the engineering is not completed we would like
to brief you on the tentative design and solicit whatever
corn is you and/or your client may have. Attached, however,
are ccpies of the maps that were submitted to you in 1979
whi:--:h indicated a possibility of a small triangular ac-
qua sit.ion on Lot 39. The City is willing to pay a square
fact cost of the subject parcel commensurate with that paid
fcr Your Lot 12, which is $14.77 per sq. ft. Additionally,
tn; City is willing to grant whatever sewer easements are
City Hall • 3300 Newport Boulei,ard, Newport Beach, California 92663
Mr. Charles A. McKenna, J'r.$
Page -2-
needed by your client -to assure utility connections to
Tustin Avenue if and when she develops Lot 39. Finally,
we recognize the necessity of constructing a retaining
wall on the northerly part of the proposed City taking.
This retaining wall is required by virtue of the elevation
difference between Lot 39 and the proposed access road.
Please contact either me or -Mr. Ben Nolan, the City's
Public Works Director, at 640-2120 for a review of the
tentative plans developed. It would also be appreciated
if you would contact your client to determine her willing-
ness to cooperate under a threat of eminent domain. The
City has now acquired all the property it needs to complete
the off-street parking project, with the exception of that
mentioned in this letter.
Sincerely,
ROBERT L. WYNN
City Manager
Attachments
CC: Mr. Ben Nolan, Public Works Director
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C�� CITY ' OF NEWPORT BEACH
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(.714) 64.0-2151
April 16, 1981
Mr. Charles A. McKenna, Jr.
Law Offices of Paul, Hastings, Janofsky
& Walker
Seventeenth Floor
695 Town Center Drive
Costa Mesa, California 92626
Dear Mr. McKenna:
Please reference my letter of April 1, 1981, concerning
the acquisition by the City of Newport Beach of a small
portion of property belonging to Mrs. oser, identified
as Lot 39. Attached, you will find a copy of the legal
description for both the fee taking and for a construction
easement. Attached to these legal descriptions is a map
depicting the proposed fee title acquisition and the tem-
porary construction easement. It is hereby proposed that
for the -acquisition of this parcel -and construction ease-
ment the City offer the following. --
1.. The acquisition be'acquired under threat of
eminent domain.
2. The City pay for the fee title property $15,031,
which represents .$14.77 per sq. ft.
3. The City pay-$977.00'for the use of the temporary
construction easement for a period of six months.
The value of the construction easement is com-
puted on the basis of 13% of the cost of fee title for
rent for a six month period.
4. The City will grant a rectangular shaped.sewer
easement (specified in red) to assure a continuous
sewer easement from Parcel 39 to Tustin Avenue. You
may recall when the City acquired Parcel 12 in
1979, the City granted a sewer easement over the
northerly portion of Lot 12. This rectangular parcel
would adjoin that easement previously granted to
assure, as indicated above, continuous sewer access.
City Hall , 3300 Newport Boule�,.ard, Newport Beach, California 02663
Page -2-
It would be appreciated if you would discuss the proposal
with your client and give me your reaction as soon as
convenient. As indicated in earlier correspondence to
you, the parcel is needed to provide vehicular access be-
tween Tustin and a City --owned parcel in the Mariners Mile
to be developed as an off-street parking facility. Tenta-
tively, it is my hope to conduct a hearing on the eminent
domain action at 7:30 P.M., May 11, 1981.
Thank you.
Sincerely,
ROBERT L. WYNN
City Manager
CC: Mr. Hugh Coffin, City Attorney
Attachment
1 Y �_ ✓ '✓ J/ JU/ (1 1
MARINERS MILE PARKING LOT
ACCESS ROAD
PROPERTY -TO BE PURCHASED FROM OSER
LEGAL DESCRIPTION
That portion of Lot A, Tract 919, in the City o.f Newport
Beach, County of Orange, State of California, as per map recorded in
Book 29, Pages 31, 32, 33, and 34 of Miscellaneous Maps, Records of
said Orange County, described as follows:
Beginning at the most easterly corner of Lot 20,
Tract 1133, as per map recorded in Book 36, Pages 14
and 15 of Miscellaneous Maps,..Records of said Orange
County; thence South 610 00' 30" East 57.10 feet
along the southeasterly prolongation of the north-
easterly line of said Lot 20 to -the northwesterly
line of the land as described in Parcel 2 in the deed
to Katherine F. Jakosky and John Jay Jakosky, Jr.,
recorded in Book 9056, Page 693 of Official Records
in the Office of the Recorder of said County; thence
North 390 43' 30" East 21.84 feet along said north-
westerly line and along the northwesterly line of the
land as described in Parcel 1 i"n the deed to the City
of Newport Beach, recorded) in Booty, 11293, Page 786 of
said Official Records to a line parallel with and 21.4.6
feet northeasterly,measured at right angles, from said
southeasterly prolongation of the northeasterly line
of Lot 20; thence North 610 00' 30" West 37.74 feet
along said parallel line; thence South 760 30' 15"
►�'pst 31.77 feet, more or 1 ess, to the Point of
eginning.
Are,-: '7.65 sq. ft.
Re 'I C i ty of Ne-sport Beach Drawing No. R/W-5439-1.
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MARINERS MILE PARKING LOT
ACCESS ROAD
TEMPORARY CONSTRUCTION EASEMENT TO BE OBTAINED FROM OSER
LEGAL DESCRIPTION
That portion of Lot A, Tract 919, in the City of Newport
Beach, County of Orange, State of C-ilifornia, as per map recorded in
Book 29., Pages 31, 32, 33, and 34 of Miscellaneous Maps, Records of
said Orange County, described as follows:
Beginning at the most easterly corner of Lot 20,
Tract 1133, as per map recorded in Book 36, Pages 14
and 15 of Miscellaneous Maps,'Records'of said Orange
County; thence North 390 43' 30" East 42.20 feet along
the southeasterly line of Lot 21, said Tract 1133, to
a line parallel with and 41.46 feet northeasterly,
measured at right angles, from the southeasterly pro-
longation of the northeasterly Line of said Lot 20;
thence South 610 00' 30" East 57.10 feet along said
parallel line to the northwesterly line of the land as
described in Parcel 1 in the deed -to the City of
Newport Beach recorded in Boot: 11293, Page 786 of
Official Records of said County; thence South
390 43' 30" West 20.36 feet along said northwesterly
line to a line parallel with and 21.46 feet northeast-
erly measured at right angles, from the southeasterly
prolongation of the northeasterly line of Lot 20 of
said Tract 1133; thence North 610 00' 30" West 37.74.
feet along last said parallel line; thence South
760 30' 1:5" West 31 .77 feet, more or less, to the Point
of Beginning.
Area: 71.sq. ft.
Pe1e:-City of N'e,port Beach Drawing No. R/W-5439--1_
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iT Cs- E.NPORT BEEACH
PUBLIC WORKS URE:CTCa.
R.. F. f; 3,
DRAINING No z
RESOLUTION NO. IDa
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH DECLARING THE
NECESSITY- OF CONDEMNATION, REQUIRING THE
TAKING OF THE FEE -INTEREST IN THE PROPERTY
HEREINAFTER DESCRIBED -TO PROVIDE ACCESS TO
CITY OWNED PROPERTY -AND A TEMPORARY
CONSTRUCTION EASEMENT, AS AUTHORIZED.
PURSUANT TO THE CHARTER OF THE CITY OF
NEWPORT BEACH AND SECTION 37350.5 OF THE
CALIFORNIA GOVERNMENT CODE; 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 THE LEAST PRIVATE INJURY, THAT THE
PROPERTY DESCRIBED IN THE RESOLUTION IS
NECESSARY FOR THE PROPOSED PROJECT, AND
AUTHORIZING THE CITY ATTORNEY TO INSTITUTE*
CONDEMNATION PROCEEDINGS (ACCESS' TO CITY
PARKING LOT - AVON STREET - OSER PARCEL -
R%W-6435-L)
WHEREAS, the City of Newport Beach presently owns
certain real property easterly of Avon Street which has-been
acquired and intended to be used as a City parking lot; and
WHEREAS, the City has acquired a parcel fronting on
Tustin Avenue to gain access part=way to said property, but there
Presently exists a gap in City right-of-way to gain fu--1l access
to said property from Tustin Avenue; and
WHEREAS, the specific area planned for Mariners Mile
contemplates the development of the City owned parking lot
located easterly of Tustin Avenue on the extension of Avon
Street; and
WHEREAS, an environmental impact report (EIR) has been
prepared and certified in connection with the specific area
planned for Mariners Mile and fully and completely discusses the
environmental effects of the parking and traffic circulation plan
for the area of which the Avon Street extension is a part; and
WHEREAS, the environmental impacts of the Avon Street
extension and those of the proposed condemnation are essentially
identical, the latter being a portion of the larger project; and
WHEREAS, the facts and circumstances present at the
time of the preparation and certification of the, EIR are
substantially similar to the facts and circumstances present
today and the environmental impacts of said project are
adequately addressed in the EIR and mitigation measures
adopted; and
WHEREAS, to gain access to said.property will
necessitate the acquisition of the hereinafter described
property; and*
WHEREAS, the design of the public improvement.is such
that the acquisition of the hereinafter described property is
necessary and that no other feasible design alternative is left
available to the City for development of said City owned parking
lot on the extension of Avon Street; and
WHEREAS, the public project is planned and located in a
manner that is most compatible with the greatest public good and
least private injury,• and
WHEREAS, the project-is.determined to be.necessary and
in the public -interest,
2
•
•
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 development and improvement of City owned property located
easterly of Avon Street into a'parking lot, consistent with the
specific area planned for Mariners Mile.
SECTION 2. The property which is described
hereinafter, is to be used to provide access to said City owned
property on an alignment which is an extension of Avon Street,
easterly of Tustin Avenue. 'It is necessary to acquire the
hereinafter described property to -provide access to the City
owned property to allow the development of a City owned and
maintained parking lot. It is further necessary to acquire a
temporary construction easement to'be, used during the period of
construction, and when construction is completed, the City's
interest would terminate in said temporary construction easement.
SECTION 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.
SECTION 4. It is necessary to acquire the hereinafter
described property'to provide access to the City owned property
to be developed as a parking lot.
SECTION 5. The property to be acquired is described on
Exhibit "A" attached hereto and incorporated herein by this
reference as if set out in full.
M
SECTION 6. The proposed project is planned and located
in a manner that will be most compatible with the greatest public
good and least private injury in that the property to be acquired
is the only practical property over which access to said City
owned and maintained parking lot may be obtained.
SECTION 7. The property described in this Resolution
is necessary for the proposed project for without the access to
said City owned property the facility cannot be used.
SECTION 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 of and on behalf of the City of
Newport Beach against all owners and claimants of the hereinabove
described property for the purposes of condemning and acquiring
said property for public use 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.
SECTION 9. A map s.howing.the subject property is
attached hereto, marked Exhibit "B'and for reference purposes
incorporated herein.
4
ADOPTED this day of
198.1.
ATTEST:
City Clerk
HRC/pr. .
051181
5
MARINERS MILE PARKING LOT
ACCESS 'ROAD
PROPERTY -TO BE PURCHASED FROM OSER
LEGAL DESCRIPTION
That portion of Lot A, Tract 919, in the City of Newport
Beach, County of Orange, State of California, as per map recorded in
Book 29, Pages 31, 32, 33, and 3_4 of i•liscellaneous flaps, Records of
said Orange County, described as follows:
Beginning at the most easterly corner, of Lot 20,
Tract 1133, as per map recorded in -Boot. 36, Pages 14
and 15 of Miscellaneous Maps, Records of said Orange.
County; thence South 610 00' 30" East 57.10-feet
along the southeasterly prolongation of the north-
easterly line of said Lot_20 to the northwesterly
lire of the land as described in Parcel 2 in the deed
to Katherine F. Jakosky and John day Jakosky, Jr.,
recorded in Book 9056, Page 693 of Official Records
in the Office of the Recorder of said County; thence
North 390 43' 30" East 21.84 feet along said north•-
t.asterly line and along the northwesterly line of the
land as described in Parcel 1 in the deed to the City
of Newport. 3e!ach, recorded in Bool. 11293, Page 786 of
said Official Records to a line parallel with and 21.46
feet northeasterly, measured at right an from said,
southeasterly prolongation of the northeasterly line
of Lot 20; thence North 610 00' 30" West 37.74 feet
along sa'd parallel line; thence South 760 30' 15"
Vest 31�. 77 feet, more or less, to the Point of'
Beginning.
Are--:
r . 65
sq.
Res��"�
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'tie'i�70�'t BeachDr�a►'t�rrg No./11-5�4.3t)•1.
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EXHIBIT A
7.
MARINERS MILE PARKING LOT
' ACCESS ROAD
TEMPORARY CONSTRUCTION EASEMENT TO BE OBTAINIED FROM OSER
LEGAL DESCRIPTION
That portion of Lot A, Tract 919, in the City of Newport
Beach, County of Orange., State of C-!lifornia, as per nap recorded in
Book 29_, Pages 31, 32, 33, and 34 of Hiscel-laneous Maps., Records of
said Orange County, described as follows:
Beginning at the most easterly corner of Lot 20,.
Tract 1133, as per map recorded in Book 36, Pages 14
and 15.of Miscellaneous Caps; 'Re
said Orange
County; thence North -390 43' 30" East 42.20 feet along
the southeasterly line of Lot 21, said Tract 1133, to
a line parallel with and 41.46 feet northeasterly,
measured at right angles, from the southeasterly pro-
Iongation of the northeasterly 1ine-of said Lot 20;
thence South 610 00' 30".East 57.10 feet along said
parallel line to the' northwaster•ly line of the land as
described in Parcel 1 in -the deed to the City of
Newport Beac;in recorded ire* Book 11293, ,Page 786-of.
Official Records of said County; thence..South
390 43' 30" 10-st 20.36 feet along said northwesterly
line -to a 1io:., parallel rri.ih and 21.46 feet northeast-
erly meaSUred at right a4gles, from the southeasterly
prolongation of the northeasterly line .of Lot 20 of
said Tract 1133; thence Worth 61° 00' 30" West 37.74
eet along last said parallel line; thence South
30' 15" 'nest 31.77 feet, more or 1 ess, to the Point
of Beginning.
R-2 ;. _ - .
City cif
IN��%-;por•t
Beath Drawing No. Rj14-5113 9--1_
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May 1, 1981
CITY
D-3
OF NEWPORT BEACH
Office of the City Clerk
(714) 640-2251
REPRESENTATIVE: Charles A. McKenna, Jr.
Law Offices of Paul, Hastings, Janofsky &
Walker
Seventeenth Floor
695 Town Center Drive
Costa Mesa, California 92626
PROPERTY DESCRIPTION: See Attached
SUBJECT: Notice of Intention of the City Council of
the City of Newport Beach to Adopt a
Resolution of Necessity
Dear Mr. McKenna:
Inasmuch as you represent Mrs. Oser, owner of the property
described herein, the City Council of the City of Newport Beach,
pursuant to Code of Civil Procedure Section 1245.235, hereby
gives you notice that it intends to adopt a Resolution of
Necessity. (condemnation resolution) at a meeting of the City
Council of the City of Newport Beach to be held at 7:30 p.m., on
May 11, 1981.
The public use for which the property is to be taken pursuant to
the reso.lu*ion is to provide access to City -owned property for
autom-obil-= parking and related uses, and temporary construction
easement.
The ado-pt1.on of the resolution will be followed by the filing of
an eminent domain (condemnation) action in Orange County Superior
Court, which action will affect the rights in the real property
in cu=_S -ion owned by you.
City l hli • ".3300 1c%q)ort Boule%-ard, ' eivport Beach. Calil'ornia 926.63
The Resolution of Necessity which the City Council of the City of
Newport Beach intends to adopt will contain a description of the
general location and extent of the property to be taken. It will
also contain a declaration that the City Council has found and
determined each of the following:
1. That the public interest and necessity require the
proposed project;
2. That the proposed project is planned or located in a
manner that will be most compatible with the greatest
public good and 'the least private injury; and
3. That the property describe. in the resolution is
necessary for the proposed project.
The purpose of this notice is to give you a reasonable
opportunity to appear at the City Council meeting and be heard on
the following matters:
1. Whether public .interest and necessity require the project;
2. Whether the project is planned or located in a manner
that will be most compatible with the greatest public
good and the least private injury; and
3. Whether the Property sought to be acquired is necessary
for the project.
You are hereby notified that you have a right to appear at the
Newport Beach City Council meeting to be held on May 11, 1981, at
7:30 p.m,.p at the City Council Chambers Located at 3300 Newport
Boulevar , Newport Beach, California, and to be heard on these
matters.
Sincerely,
WANDA E. 1NDERSEN
City Clerk.
WEA/HRC,'7,r
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' MARIMLR5 MILE PARKING LOT
ACCESS ROAD
PROPERTY -TO BE PURCHASED FROM OSER
LEGAL DESCRIPTION
That portion of Lot A, Tract 919, in the City of Newport
Beach, County of Orange, State of California, as per map recorded in
:Book 29, Pages 31, 32, 33,.and 34 of Miscellaneous Maps, Records of
said Orange County, described as follows:
Beginning at the most easterly corner of Lot 20,
Tract 1133, as per map recorded in Book 36, Pages 14
and 15 of Miscellaneous Maps, Records of said Orange
County; thence South 610 00' 30" East 57.10 feet
along the southeasterly prolongation of the north-
easterly line of said Lot 20 to the northwesterly
line of the land as described in Parcel 2 in the deed
to Katherine F. Jakosky and John Jay Jakosky, Jr.,
recorded in Book 9056, Page 693 of Official Records
in the Office of the Recorder of said County; thence
North 390 43' 30" East 21.64 feet along said north-
t.esterly line and along the northv.,enterly line of the
land as described in Parcel 1 in the deed to the City
of Newport Brach, recorded in Boob; 11293, Page 786 of
said Official Records to a line parallel v.,ith and 21.15
feet north& sterly, measured at right angles, from said
southeasterly prolongation of the northeasterly line
of Lot 20; thence North 610 00' 30" West 37.74 feet
?long said pL-rallel line; thence South 760 30' 15"
est 31 .77 feet, more or 1 ess, to the Point of
. 1�ylnnit'g. .
Are . 65 sq. f �.
Po;ity o-` Beach Uravvilrg No. Rj1-1._5rr;9-1_
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S
MARINERS MILE PARKING LOT
ACCESS ROAD
EASEMENT TO BE OBTAINED FROM OSER
TEMPORARY CONSERI�CTIOh
LEGAL DESCRIPTION
That portion of Lot A, Tract 919, in the City of Newport
Beach, County of Orange, State of (-�lifornia, as per map recorded in
Boole 29,, Pages 31 , 32, 33, and 34 o r Miscellaneous Maps, Records of
said Orange. County, described as follo;-is:
Beginning at -the most easterly corner of Lot 20,
Tract 1133., as per map recorded in Book 36, Page's 14 .
and 15 of Miscellaneous Maps -''Records -of said Orange
County; thence North 390 43' 30" East 42.20 feet. along
the southeasterly line of Lot 21, said Tract 11.33, to
a line parallel with and 41.46 feet northeasterly,
measured at right angles, from the southeasterly pro-
longation of the northeasterly line of said Lot 20;
thence South 610 00' 30" East 57.10 feet along said
parallel line to the northwesterly line of the land as
described in Parcel 1 in the deed to the City of
Newport Beach recorded in Book 11293, Page 7B6 of
Official Records of said County; thence Sou 'n
390 43' 30" West 20.36 feet along said northl:resterly
line to a Tine parallel with and 21.46 feet northeast-
erly mease.red at right angles, from the southeasterly
prolongation of the northeasterly line of Lot 20 of
said Tract 1133; thence North 610 00' 30" West 37.74.
f?e% along last said parallel line; thence South
7�° 30' 15" 'vilest 31.77 feet, more or less, to the Point
OF Beginning.
Are- . :. - 73 sq. f't.
refer r City of l ep-.:Port Dekh Di awing No R/1-!-5,139-1
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CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
February ii , 1980
COUNCIL AGENDA NO.. D-3
TO: MAYOR AND CITY COUNCIL
FROM: City Manager
SUBJECT PURCHASE OF OS ER'S PROPERTY
In 1976 the City of Newport Beach purchased a 1.04 acre parcel
of property east of Tustin Avenue and north of Pacific Coast Highway, to
be used as a parking facility. The lot was purchased from CALTRANS. In
1979 the City Council reviewed in some detail the possible access to
this parcel and determined that the main access should be from Tustin
Avenue. Members of the Council may recall that a property owner on PCH
(Ms. Susan Cuse.) proposed that a temporary easement be given on her prop-
erty to the City of Newport Beach for access to the parcel. In exchange
for this easement, the property owner would be given parking rights on
the 1.04 acre parcel. Attached as Exhibit A, you will find a copy of
the area map showing the City property and in dotted lines the proposed
access to said property.
In 1979 the City authorized an appraisal of Mrs. Oser's property
on Tustin Avenue. The value established as of September 1, 1979, was
$110,000. The Budget Committee has considered the proposed acquisition
of the Oser property and approves of said acquisition in this fiscal year.
Hopefully, funds will be available in 1980-81 fiscal year to permit im-
provement of the access and the parking lot into 115 off-street parking
spaces.
After meeting with the Budget Committee, I wrote a letter on
October 26, 1979 to Mrs. Oser (copy attached) advising her of the City's
interest and requested that either she or her representative contact me
to discuss the proposed acquisition by the City. On November 13, 1979
I spoke with Mr. Charles McKenna, an attorney representing Mrs. Oser,
concerning this property. He requested a copy of the appraisal and this
copy was submitted to him on November" 14th. Also on November 14th, I
obtained a condemnation guarantee from the First American Title Insurance
Company on the subject property.
In December, after having no further communication from the
property owner or her attorney, I called Mr. McKenna again to determine
if they were willing to negotiate on this parcel. He indicated that he
had not had sufficient time to review this with the property owner, but
would be in touch with me shortly after January lst. On January 10, 1980
Page -2-
I again telephoned Mr. McKenna to inquire about their willingness to
negotiate the purchase. I indicated to Mr. McKenna that three months
had expired since writing the first letter and the City had received
no response from him or -the property owner. I advised him that I would
place on the agenda for the City Council meeting of February llth a
hearing and a proposed resolution of condemnation on the subject parcel.
This gave him thirty days notice of the proposed condemnation hearing and
resolution.
It is proposed that the City Council conduct the subject hear-
ing and adopt the resolution on the agenda. I am fearful that if the
matter is delayed much longer the delay will jeopardize the valuation
of the parcel as fixed in the appraisal dated September 1, 1979.
ROBERT L. WYNN
Attachments (2)
.A
a '*
I
•
ID/
CITY OF NEWPORT BEACH
(714) 640-2151
October 26, 1979
Ms. Margaret E. .Oser
16451 Malden Cr.
Huntington Beach, California 92647
Dear Ms. Oser:
The City of Newport Beach is interested in purchasing
your 60' lot, located on Tustin Avenue. It has an As-
sessor Parcel No. 049-140-12. The purpose of.the City
acquisition is to provide a right-of-way to a proposed
City off-street parking lot approximately 400' east of
your lot in the Mariners Mile area.
I would appreciate either you or your representative
contacting me to discuss the proposed acquisition by
the City and your desires in this matter. The City
would prefer to negotiate a prise, but would be will-
ing to offer a resolution of intent to condemn which
would give you some tax advantages that may be desir-
able for your financial planning.
In any event, I would appreciate the opportunity of
talking with you concerning this subject. If you would
kindly call me at (714) 640-21`51 I would appreciate it.
S' cerely,
. ; a (A/
ROBERT L.*WYNN
City Manager
City Hall * 3300 Newport Boulevard, Newport Beach, California 92663
0 •
LAW OFFICES OF
PAUL. HASTINGS, JANOFSKY & WALKER
SEVENTEENTH FLOOR
695 TOWN CENTER DRIVE
COSTA MESA,CALIFORNIA 92626
TELEPHONE {714) 641-1100
CABLE ADDRESS: PAULHAST
TWX: 9jO-321-4065
February 11, 1980
City Council
City of Newport Beach
3300 Newport Boulevard
Newport. Beach, California 92663
Re: Acquisition of Vacant Lot on Tustin Avenue
Opposite Avon Street, Lot 20, Tract 1133,
Miscellaneous. Maps Book 36, Pages 13 & 14
Ladies and Gentlemen:
LEE G: PAUL
Oi .0-CI
LOS ANGELES OFFICE
TWENTY' -SECOND FLOOR.
SSS SOUTH FLOWER STREET
LQS ANGELES, CALIFORNIA 90071
TELEPHONE iV31 46B-4000
OUR FILE NO. 20,328
We have received notice that the City Council of the
City of Newport Beach intends to adopt a resolution of
necessity to commence an eminent domain proceeding to acquire
the above referenced property which is shown as Lot 12 on the
attached map ("Lot 12"). The public hearing regarding such
resolution is to be held at the City Council Chambers of the
City of Newport. Beach this evening at 7:30 p.m.
The undersigned has met with Mr. Robert L. Wynn, City
Manager of the City of Newport Beach, to discuss the plans of
the City of Newport Beach with respect to the use of Lot 12
.if acquired. Mr. Wynn has indicated that Lot 12 would be used
to provide vehicular street access to a parking structure to
be constructed by the City of Newport Beach on the lot shown
as Lot 51 on the attached map ("Lot 51").
Our client, Mrs.. Margaret E. Oser, is the owner of Lot
12 and also owns Lot 39 shown on the enclosed map ("Lot. 39").
Our client is concerned that portions of the bluff at the rear
of Lot 39 would also have to be condemned to complete the
vehicular access to. Lot 51. In the above referenced meeting,
City Council
City of Newport Beach
Page 2
February 11, 1980
Mr. Wynn indicated that the undersigned and our client would
be included in the review process prior to any taking of any
portion of Lot 39. The undersigned indicated that it was our
client's position that the taking of the two lots should proceed
simultaneously in order that the impact, if any, on the devel-
opment potential of Lot 39 would be addressed simultaneously
with the taking of Lot 12.
Mr. Wynn subsequently reported to the undersigned that
he had thoroughly reviewed the proposed vehicular access to
Lot 51 with the City of Newport Beach Planning Staff and that,
based on that review, there would be no taking of Lot 39. He
also indicated that if the.City Council adopted the above ref-
erenced resolution of necessity with respect to Lot 12., the
complaint initiating the eminent domain proceeding would not
be filed for three weeks in order that our client could determine
whether it would be in her best interest to negotiate the sale
of the property or to have the property acquired through an
eminent domain proceedings.
Based upon Mr. Wynn's representation that there will be
no taking of Lot 39 in connection with the proposed vehicular
access from Tustin Avenue to Lot 39 and that the complaint in
the eminent domain proceeding will not be filed for three weeks
if the resolution is adopted at this evening's City Council
Meeting, our client has directed us not to appear and contest
the resolution of necessity at this evening's meeting.
Very truly yours,
PAUL, TIN JANOFSKY & WA R
•/- ,�
By �� r
Charles A. McKenn Jr.
CAM:ces
enclosure
CC: Mr. Robert L. Wynn
Mrs. Margaret E. Oser