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-
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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
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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
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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
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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:
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CITY CLERK OF THE CITY OF Nf" MAM
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OCT 13 1977
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SUBJECT PROPERTY MAP
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5801 WEST COAST HIGHWAY
NEWPORT BEACH, CALIFORNIA
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