HomeMy WebLinkAbout10030 - Avon Street City Parking Lott
RESOLUTION NO. 10,030
•
•
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- 6439 -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 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,
E
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.
3
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 S. 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.
4
ADOPTED this 11th day of May
• 1981.
•
ATTEST:
HRC /pr
051181
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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 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
Rorth 390 43' 30" East 21.64 feet along said north
etesterly line and along 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 786 of
said Official Records to a line parallel with and 21.46
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
tsest 31.77 feet,more or less,to the Point of
Beginning.
Area:
; .65
sq.
f..
of
"e;;port
Beach
Drawing P!o.
R/4;- 5�t39 -•1-
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•
=111111 (911 M1,W]UP
3/30/81
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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 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 Haps; 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 I in the deed to the City of
Newport Beach recorded in Book 11293, Page 786 of
Official Records of said County; thence South
390 43' 30" tdest 20.36 feet along said northwesterly
line to a lire 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" Hest 37.74.
feet along last said parallel line; thence South
760 30' 15" West 31.77 feet, more or less, to the Point
of Beginning.
Area: 7i.sG. ft,
?fifer City of lle,,Tort Beach Drawing No. R /I1- 5439 -1-
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