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HomeMy WebLinkAbout9722 - Access to City Parking Lot - Avon StreetRESOLUTION NO. 9 72 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING THE NECESSITY OF CONDEMNATION, REQUIRING THE TAKING OF THE FEE INTEREST OF 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 LOCA- TED 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, there presently exists no access to said property from Tustin Avenue; and WHEREAS, the specific area plan 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 plan for Mariners Mile and fully and completely discusses the environmental effects of the parking and traffic circula- tion plan for the area of which the Avon Street extension is a part; and 0 WHEREAS, the environmental effects of the Avon Street extension and those of the proposed condemnation are essen- tially 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 WHEREAS, the environmental effects of the projects are similar enough to warrant the same treatment in an EIR and that the environmental effects of this proposed condemna- tion are fully and adequately discussed in the EIR previously prepared and certified with respect to Mariners Mile, and that the EIR adequately covers and mitigates any environmental impacts-created by this project of condemnation; 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 the development of said City - owned parking lot on an 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 the least private injury; and WHEREAS, the project is determined to be necessary 0 and in the public interest, 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 -2- P_.� • 3 located easterly of Avon Street into a parking lot, consis- tent with the specific area plan 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 herein- after described property to provide access to the City -owned property to be developed as a parking lot. as: SECTION 5. The property to be acquired is described Lot 20 of Tract 1133 as.per a map recorded in Book 36, Pages 13 and 14, of Miscellaneous Maps, in the Office of the County Recorder of Orange County, California. SECTION 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 over which access to said City -owned and - maintained parking lot may be obtained. -3- 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 could not 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 above - 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 "A -" and for referenced purposes incorporated herein. ADOPTED this 11TH day of February , 1980. 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