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Home My WebLink About10001 - Avon Street City Parking Lot• RESOLUTION NO. 10,001 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 adoptted; 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 RESOLIFED 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 alignment which is an extension of Tustin Avenue. It is necessary to described property to provide acce to allow the development of a City lot. said City owned property on an Avon Street, easterly of acquire the hereinafter ss to the City owned property owned and maintained parking 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 • 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 23rd day of March ATTEST: affla 1981. pr 032381 0 • MARINERS MILE PARKING LOT ACCESS ROAD .PROPERTY TO BE PURCHASED FROM JAKOSKY LEGAL DESCRIPTION The northeasterly 15 feet measured 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 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 feel: 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 F'YU101T A 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 City Beach Drawing No. R/W- 5438 Reference: of,Newport -L • KLP:Jd 4 F'YU101T A • h a 96 OQV Q ��o o M � Q oIa h TI ^� TRACT h�3 6 43.3'0 0, 94-7 PORTION ��p opE 242.9`0 ) 5 61.00 i00 p� /1S sd l IA. B. I ( 29 1 I. D R I V E (FORANlE.eLY OGEAN OP, 919 . n , PO /NT OFBE6iN.V /N6 - LOT I A 104f 7 49./2 I-- 31 34 so. GHWAY Slv2Y L/.YE ZOTA, ZeAICT 9/9 CITY OF NEWPORT BEACH I DRAWN-9--O-- DATE PUBLIC WORKS DEPARTMENT APPROVED Gjeo41V , T OZD : f A2 PUBLIC WORKS GDIRECTOR / D R.E. NO: ��T/ Z DRAWING No. 1i38 -L EXHIBIT B