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Home My WebLink About10030 - 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 /l 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- IM: jd • =111111 (911 M1,W]UP 3/30/81 .l 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- • IM:jd EbNUUM U A J /JU /U1 Y Ila-V S7 S1 I Eil I -I W�Aiv\i J, c PL13LAC VIORKS 10- DRAWING UO