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HomeMy WebLinkAbout9201 - Condemnation of Property for W Coast Hwy Widening`S RESOLUTION NO. 9201 WHEREAS, the Circulation Element of the General Plan of the City of Newport Beach, Master Plan of Highways, designates West Coast Highway as a major road, six -lanes divided; and WHEREAS, presently West Coast Highway between 57th Street and the Santa Ana River is not improved to its master plan width and lacks complete improvement; and WHEREAS, the City of Newport Beach intends to under- take a project whereby West Coast Highway will be widened and improved between 57th Street and the Santa Ana River 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 widen- ing and improvement of West Coast Highway between 57th Street and the Santa Ana River; and • WHEREAS, the design of the public improvement is such that only a portion of the subject property must be acquired for public street and highway purposes and a remnant of the subject property would be left after acquisition, the size, shape and configuration of which would be of little market value or A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING THE NECESSITY OF CONDEMNATION REQUIRING THE TAKING OF PROPERTY FOR THE WIDENING OF WEST COAST HIGH- • WAY, ON THE SOUTH SIDE, BETWEEN 57TH STREET AND THE SANTA ANA RIVER, 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 PRIVATE INJURY, THAT THE PROPERTY DESCRIBED IN THE RESOLUTION IS NECESSARY FOR THE PROPOSED PROJECT, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AND AUTHORIZING THE FINANCE DIRECTOR TO MAKE A DEPOSIT IN COURT FOR POSSESSION OF THE SUBJECT PROPERTY PRIOR TO JUDGMENT WHEREAS, the Circulation Element of the General Plan of the City of Newport Beach, Master Plan of Highways, designates West Coast Highway as a major road, six -lanes divided; and WHEREAS, presently West Coast Highway between 57th Street and the Santa Ana River is not improved to its master plan width and lacks complete improvement; and WHEREAS, the City of Newport Beach intends to under- take a project whereby West Coast Highway will be widened and improved between 57th Street and the Santa Ana River 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 widen- ing and improvement of West Coast Highway between 57th Street and the Santa Ana River; and • WHEREAS, the design of the public improvement is such that only a portion of the subject property must be acquired for public street and highway purposes and a remnant of the subject property would be left after acquisition, the size, shape and configuration of which would be of little market value or T • / 1 J practical use; and WHEREAS, the City of Newport Beach intends to acquire the remnant of the subject property through its power of eminent domain, pursuant to Section 1240.410 of the Code of Civil Procedure, because there is no reasonable, practicable and economically sound means to prevent the remainder property from becoming a remnant; and WHEREAS, the remnant will be used by the City of Newport Beach for park and recreation purposes in conjunction with an already existing park contiguous to the subject property; 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. The public interest and necessity require the proposed widening of West Coast Highway between 57th Street and the Santa Ana River to implement the Circulation Element of the General Plan - Master Plan of Highways, of the City of Newport Beach. The remainder triangular shaped parcel contain- ing approximately 1,230 square feet which would be created by taking only that part of the subject property needed for street and highway purposes would be left without vehicular access and would not be suited for commercial development. Said remainder parcel is of little market value due to its size and configuration, but, said property can be incorporated into a city park located adjacent to West Coast Highway and used for park and recreation purposes. 2. The property, which is to be taken hereunder, is to be used for the public purpose of the widening and improve- ment of West Coast Highway, on the southerly side, between 57th Street and the Santa Ana River. The remnant parcel, being a parcel of approximately 1,230 square feet, which will lack -2- vehicular access to a public right of way which is not suited for commercial development, and which by its size, shape and configuration will be of little market value, will be used for park and recreation 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. 4. 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 - Plaster Plan of Highways for West Coast Highway between 57th Street and the Santa Ana River. It is necessary to acquire the remnant parcel to be used for park and recreation purposes in conjunction with a contiguous park and to prevent the creation of a remnant parcel of little market value. follows: 5. The property to be acquired is described as Lot 1, Block 158 of River Section, Newport Beach, as shown in Book 4, Page 25 of Miscellaneous Maps, Records of Orange County, California 6. The proposed project is planned and 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 is the only practical property on which the configuration of West Coast Highway, between 57th Street and the Santa Ana River may be designed, located and improved without causing much larger takes of privately owned property on the north side of West Coast Highway between 57th Street and the Santa Ana River. The public good will be facilitated • by improving the traffic circulation and vehicular and pedestrian safety in the subject area and further the project will provide bike trail, sidewalk, median and additional traffic lanes to accomplish said purposes and will enlarge an -3- J • existing city owned and maintained park. 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 could not be implemented to accommodate the necessary and required widening of West Coast Highway between 57th Street and the Santa Ana River. 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 above described property for the purpose of condemning and acquiring said property for public use by the City of Newport Beach. The City Attorney is further authorized and directed to seek a court order for possession of the subject property prior to judgment to allow the installation and improvement of West Coast Highway and the contiguous park. 9. The Finance Director is authorized and directed to prepare necessary City checks or warrants for deposit with the Superior Court as a deposit of the probable amount of compensation for the taking of the subject property, based upon the City's appraisal of the subject property. 10. A map showing the subject property is attached hereto, marked Exhibit "A ", and referred hereto for illustrative purposes only. ADOPTED this 11th day of October , 1977 ATTEST: L-o"'e- U Ci y Clerk i' C11TIRID A E 0F21GIId� bey- �'...� � �1....... _._ .. _....... CITY CLERK OF THE CITY OF Nf" MAM DAM OCT 13 1977 2 ayor -4- HRC:yz 10/4/77 O i O ` �9 �_ o 4 SUBJECT PROPERTY MAP Caor 5801 WEST COAST HIGHWAY NEWPORT BEACH, CALIFORNIA r TT�.