HomeMy WebLinkAbout91-82 - Vehicular Access Rights Irvine AvenueRESOLUTION NO. 91 -82
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH OF PUBLIC NECESSITY
AND INTENT TO CONDEMN BY EMINENT DOMAIN
VEHICULAR ACCESS RIGHTS FROM IRVINE AVENUE
TO REAL PROPERTY SITUATED AT 2201 SANTIAGO
DRIVE, NEWPORT BEACH, CALIFORNIA, NEEDED
FOR WIDENING OF IRVINE AVENUE
• WHEREAS, this Resolution is adopted pursuant to California
Code of Civil Procedure Section 1245.230; and
WHEREAS, in accordance with California Code of Civil
Procedure Section 1245.235, notice was given to the property
owner stating the intention of the City Council to adopt a
resolution of public necessity for the acquisition of the
vehicular access rights along the Irvine Avenue frontage, except
for the southwesterly six (6) feet, of 2201 Santiago Drive,
Newport Beach, California; the subject property is more
particularly described as follows:
The real property situated in the State of California,
County of Orange, City of Newport Beach, being:
Parcel 2 of Resubdivision 369, in the City of Newport
Beach, as per parcel map recorded in Book 52, Page 13
of Parcel Maps, Records of Orange County, California,
and;
WHEREAS, the real property interests to be acquired are
located within the City limits and shall be used to control
access to a section of Irvine Avenue that is being widened; and
WHEREAS, the right of the City to acquire and hold real
property interests for purposes necessary to carry out any of its
powers or functions is authorized by virtue of the Statutes of
the State of California and Section 200 of its Charter, and the
power to acquire property interests by eminent domain is provided
in California Government Code Section 37350.5; and
WHEREAS, a hearing was duly held on May 13, 1991, and the
representatives of the owners were given an opportunity to be
heard; and
WHEREAS, the City Council finds and determines that the
public interest and necessity require the acquisition of
vehicular access rights to Irvine Avenue adjacent to all but the
southwesterly six (6) feet of 2201 Santiago Drive to improve the
safety for the vehicles traveling through the intersection of
Irvine Avenue and Santiago Drive when Irvine Avenue is widened by
eight (8) feet, in that restricting access near the intersection
will reduce the conflicts between vehicles on Irvine Avenue and
vehicles slowing or stopping to access the adjacent property; and
WHEREAS, the City Council finds and determines that the
project is planned and located in a manner consistent with the
City's general plan, which will be most compatible with the
greatest public good and least private injury; and
• WHEREAS, the City Council further finds and determines that
the taking of the vehicular access rights will require that the
owners of 2201 Santiago Drive abandon the use of the existing
garage on Irvine Avenue and construct a new garage that takes
access from Santiago Drive; and
WHEREAS, the City Council further finds and determines that
an offer was made to the owners of the subject property to
purchase the vehicular access rights and the construction of a
new garage on Santiago Drive for a sum the City Council believes
would constitute just compensation as required by California
Government Code Section 7267.2.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City
of Newport Beach as follows:
1. The public interest and necessity require the widening
of Irvine Avenue and acquisition of vehicular access rights to
all but the southwesterly six (6) feet along the Irvine Avenue
frontage of 2201 Santiago Drive, in the City of Newport Beach.
2. The City Manager, Public Works Director and Director
of Finance are authorized and directed to take such actions as
are deemed necessary to acquire the subject property.
3. In the event negotiations for the purchase of the real
property interests are unsuccessful, the City Attorney is hereby
authorized and directed to institute as necessary, an action in
eminent domain to acquire the real property interests referred to
herein and to seek immediate possession thereof.
• 4. The Director of Finance is hereby authorized and
directed to draw such warrants as may be required by the Court as
deposit of probable just compensation to comply with California
Code of Civil Procedure Section 1255.010, et seq.
Adopted this 8th day of July 1991.
Mayors
City Clerk
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