HomeMy WebLinkAbout84-84 - Condemning the Fee Interest - North Ford SiteRESOLUTION NO. 84 -84
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
• OF NEWPORT BEACH DECLARING THE NECESSITY OF
CONDEMNING THE FEE INTEREST IN A PARCEL OF
PROPERTY ON THE NORTH FORD SITE FOR THE
DEVELOPMENT OF HOUSING AFFORDABLE TO PERSONS
OF LOW AND MODERATE INCOME
WHEREAS, the City of Newport Beach has an adopted
housing element which contains policies for providing housing
affordable to all economic segments; and
WHEREAS, the City of Newport Beach has identified
certain sites within the City as suitable for the construction of
affordable housing; and
WHEREAS, the Land Use Element and Housing Element of
the City's General Plan have identified North Ford as an
appropriate site for the construction of housing affordable to
persons of low and moderate income; and
WHEREAS, the City has identified a parcel of property
within North Ford that it believes is suitable for acquisition as
a site for low and moderate income housing. That parcel is
legally described as follows:
A portion of Block 57 of Irvine's subdivision
as shown on the map filed in Book 1 Page 88 of
Miscellaneous Maps, Records of Orange County,
California, described as follows: Beginning
at the northeasterly terminus of that course
having a bearing of S 24 020109" W and a
distance of 83.56 feet as described in the
Deed to the State of California recorded in
Book 12289, Page 1726 of Official Records (the
bearing of said course for the purpose of this
description shall be S 24 019159" W, 83.56;
thence continuing along the westerly line of
the land described in said Deed S 1 143112" W,
447.121; thence leaving said westerly line N
88 016'48" W, 105.00 feet to the beginning of
non - tangent curve concave northerly; thence
• westerly along said curve having a radius of
720.00 feet, a radial line to said beginning
bears S 4 009134" E, through a central angle of
9 023133 ", an arc distance of 118.03 feet;
thence N 1 043112" E, 358.84 feet; thence N
88 016'48" W, 35.00 feet; thence N 1 043'12" E,
310.00 feet; thence N 88 016148" W, 25.00 feet;
thence N 1 °43112" E, 260.00 feet; to the
beginning of a non - tangent curve concave
southerly; thence easterly along said curve
having a radius of 670.00 'feet, a radial line
to said beginning bears N 7 013105" W, through
a central angle of 8 °01'05 ", an arc distance
of 93.76 feet; thence S 89 012100" E, 73.87
feet to the beginning of a tangent curve
• concave southwesterly; thence easterly and
southeasterly along said curve having a radius
of 90.00 feet, through a central angle of
44024155". an arc distance of 69.77 feet to a
point of reverse curve concave northwesterly;
thence southeasterly, easterly, northeasterly
and northerly along said curve having a radius
of 50.00 feet, a radial line to said point
bears S 45 012155" W, through a central angle
of 133029'43", an arc distance of 116.50 feet
to a point on the westerly line of the land
described in said deed; thence along said
westerly line, S 1 043112" W, 422.96 feet to
the point of beginning. Containing 5.67
acres, more or less; and
WHEREAS, the City is eligible to receive a grant from
the United States Department of Housing and Urban Development to
purchase land for the purpose of acquiring a site for development
of low and moderate income housing; and
WHEREAS, the City of Newport Beach intends to use some,
or all, of the grant from the Department of Housing and Urban
Development to purchase the property described above; and
WHEREAS, the City of Newport Beach intends to proceed
with the acquisition of the property at the earliest possible
time to ensure expeditious use of the Federal funds; and
WHEREAS, through condemnation proceedings, the City can
ensure the availability of land on the North Ford site for the
affordable housing project; and
WHEREAS, the acquisition of the property is necessary
for the development of the proposed low and moderate income
housing; and
WHEREAS, the affordable housing development is planned
• and located in a manner that is most compatible with the greatest
public good and the least private injury; and
WHEREAS, the proposed acquisition is necessary and in
the public interest; and
WHEREAS, the City has complied with the provisions of
Section 7267.2 of the Government Code; and
2
WHEREAS, the City will, during the process of acquiring
the property, comply with all applicable Federal statutes, rules
and regulations; and
WHEREAS, those persons whose property is to be acquired
by the City of Newport Beach have been given written notice of
the intention of the Council to adopt this resolution, a
reasonable opportunity to appear and be heard on the matters
referred to in the resolution, and have waived the right to the
notice and hearing provided by Section 1245.235 of the Code of
Civil Procedure; and
WHEREAS, an Environmental Impact Report (EIR) has been
prepared and certified in connection with GPA 82 -1, which fully
and completely discusses the environmental effects of the
proposed project; and
WHEREAS, facts and circumstances present at the time of
the preparation and certification of the EIR for GPA 82 -1 are
substantially similar to the facts and circumstances present
today, and no additional environmental documentation is required
with respect to the proposed project which is, in effect, a
portion of the larger project analyzed in the EIR.
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 acquisition of property in that parcel commonly referred to
as North Ford for the purpose of providing affordable housing to
persons of low and moderate income; and
SECTION 2. The acquisition of the property is
authorized by Section 200 of the City Charter of the City of
Newport Beach and Section 37350.5 of the Government Code of the
State of California; and
3
SECTION 3. The property to be acquired is described
as follows:
A portion of block 57 of Irvine's subdivision
as shown on the map filed in Book 1 Page 88 of
Miscellaneous Maps, Records of Orange County,
California, described as follows: Beginning
at the northeasterly terminus of that course
having a bearing of S 24 020109" W and a
distance of 83.56 feet as described in the
Deed to the State of California recorded in
Book 12289, Page 1726 of Official Records (the
bearing of said course for the purpose of this
description shall be S 24 "19'59" W, 83.56;
thence continuing along the westerly line of
the land described in said Deed S 1 °43112" W,
447.121; thence leaving said westerly line N
88 016148" W, 105.00 feet to the beginning of
non - tangent curve concave northerly; thence
westerly along said curve having a radius of
720.00 feet, a radial line to said beginning
bears S 4 009134" E, through a central angle of
9 023'33 ", an arc distance of 118.03 feet;
thence N 1 "43112" E, 358.84 feet; thence N
88 016'48" W, 35.00 feet; thence N 1 °43112" E,
310.00 feet; thence N 88 016148" W, 25.00 feet;
thence N 1 043112" E, 260.00 feet; to the
beginning of a non-tangent curve concave
southerly; thence easterly along said curve
having a radius of 670.00 feet, a radial line
to said beginning bears N 7 013105" W, through
a central angle of 8 001105 ", an arc distance
of 93.76 feet; thence S 89 012100" E, 73.87
feet to the beginning of a tangent curve
concave southwesterly; thence easterly and
southeasterly along said curve having a radius
of 90.00 feet, through a central angle of
44 024155 ", an arc distance of 69.77 feet to a
point of reverse curve concave northwesterly;
thence southeasterly, easterly, northeasterly
and northerly along said curve having a radius
of 50.00 feet, a radial line to said point
bears S 45 "12155" W, through a central angle
of 133 02914311, an arc distance of 116.50 feet
to a point on the westerly line of the land
described in said deed; thence along said
westerly line, S 1 043112" W, 422.96 feet to
the point of beginning. Containing 5.67
acres, more or less; and
SECTION 4. The proposed project is planned and
located in the manner that will be most compatible with the
is greatest public good and least private injury, in that the
property to be acquired is situated within a parcel currently
designated for affordable housing toy the Land Use and Housing
Elements of the General Plan of the City of Newport Beach; the
land use designation and the proposed project each contemplate a
significant number of affordable units; the proposed project is
consistent with the General Plan of the City of Newport Beach;
and the site to be acquired is located within a parcel for which
development plans are currently being processed and the
is affordable units can be constructed in conjunction with the other
units on site, thereby ensuring prompt construction of the
affordable units; and
SECTION 5. 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 an affordable housing development 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. Further, the City Manager is hereby authorized
to accept deeds or grants conveying fee simple interest in the
property to be acquired, and is further authorized to consent to
the recordation, by the County Recorder, of any such deed or
grant; and
SECTION 6. A map showing the subject property is
attached hereto, marked Exhibit "A," and for reference purposes
incorporated herein.
ADOPTED this 23RD day of JULY , 1984.
ay
• ATTES
City Clerk
RSB /Condemn
5
1 ♦ y a45 � .�
a ta• �
T
i
zYijf; V
a
� l
i
/ ca a si
m T f
ps
G(m,
Jcc
if
CO
tee
r tt {j
! r
1r ��f33.:: i I 1 f ,r,, AA � A • �J � e
_...Gf2;zC3 \ r \ N �,�'„[
r
Vs E
f4/.,� xa r� /.U.-
If 'M-9 Ir
r :(•i 11111�� 3 Aw r r \ �
if
x' [
�(( ' r
Lh} 14ZIIY1 Ij � i i V "i r xo' a \ ��0•
CD,� tw as \•i\ \ e. 4t
1 Y i_ x.. . li T•�:�J °F �/ t `t a'ta"