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Home My WebLink About2022-48 - Declaring a Portion of City-Owned Property Located at 1516 Balboa Boulevard West, Newport Beach, California as Exempt Surplus LandRESOLUTION NO. 2022-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DECLARING A PORTION OF CITY -OWNED PROPERTY LOCATED AT 1516 BALBOA BOULEVARD WEST, NEWPORT BEACH, CALIFORNIA AS EXEMPT SURPLUS LAND WHEREAS, the City of Newport Beach ("City") is the owner in fee simple of that certain real property located at 1516 Balboa Boulevard West, Newport Beach, California (APN 047-222-10) ("Property"); WHEREAS, approximately 1,042 square feet of the Property ("Remnant Area"), as described in Exhibit "A" and depicted in Exhibit "B" attached hereto and incorporated herein by reference, is not currently being used by the City; WHEREAS, in a notice dated September 26, 2017, pursuant to the then provisions of Government Code Section 54222, the City provided notice of its intent to lease or sell the Remnant Area to a number of state and local agencies, and no written offers or notices of intent to lease or purchase were received by the City within the time prescribed for such offers; WHEREAS, upon expiration of the offer period, the City entered into negotiations to sell the Remnant Area to the Orange County Sanitation District ("District"), a local agency, and has been diligently negotiating the terms of an agreement since 2018; WHEREAS, under Government Code Section 54220 et seq. (Surplus Land Act) ("Act"), surplus land is land owned in fee simple by the City for which the City takes formal action in a regular public meeting declaring the land is surplus and not necessary for the City's use, as supported by written findings; WHEREAS, the Remnant Area is exempt surplus land and not necessary for the City's use; and WHEREAS, a meeting was held by the City Council on July 26, 2022, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public meeting was given in accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and the Act. Resolution No. 2022-48 Page 2 of 3 NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby finds and declares that the Remnant Area is exempt surplus land and not necessary for the City's use. The Remnant Area has not been utilized for a significant period of time following its acquisition and was excluded from the development of the adjacent community center property, Marina Park. Section 2: The Remnant Area constitutes exempt surplus land pursuant to Section 54221(f)(1)(B) of the Act as it is less than 5,000 square feet in area, not contiguous to land owned by a state or local agency that is used for open -space or low - and moderate -income housing purposes, and is being sold to an owner of contiguous land, District. The Remnant Area also constitutes exempt surplus land pursuant to Section 54221(f)(1)(D) of the Act as it is being transferred to District, another local agency, for that agency's use in its pump station operations. Section 3: The City Manager is hereby authorized to do all things which are necessary or proper to effectuate the purpose of this resolution, and any such actions previously taken are hereby ratified and confirmed. Such actions include but are not limited to negotiating in good faith in accordance with the requirements of the Act. Section 4: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 5: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 6: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Resolution No. 2022-48 Page 3 of 3 Section 7: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 26th day of July, 2022. ATTEST: vV Leilani I. Brown (LU City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aarbn C. Harp City Attorney Attachment(s): Exhibit A — Remnant Area Description Exhibit B — Remnant Area Depiction Coast Surveying, Inc. May 20, 2016 EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF LOT 9, BLOCK 115 IN TRACT NO. 234 IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 13, PAGES 36 AND 37 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT; THENCE ALONG THE EASTERLY LINE OF SAID LOT SOUTH 09043'30" WEST 92.02 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 80016'30" WEST 4.87 FEET; THENCE NORTH 50018'39" WEST 7.61 FEET TO A LINE PARALLEL WITH AND 11.46 FEET WESTERLY OF SAID EASTERLY LOT LINE; THENCE ALONG SAID PARALLEL LINE NORTH 09°43'30" EAST 88.22 FEET TO THE NORTHERLY LINE OF SAID LOT; THENCE ALONG SAID NORTHERLY LINE SOUTH 80016'30" EAST 11.46 FEET TO THE POINT OF BEGINNING. CONTAINING 1,042 SQUARE FEET, MORE OR LESS, ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 20TH DAY OF MAY, 2016. DEL (! V J �.4 LS. 5108 Q GWEN-VERA DEL CASTILLO, PLS 5108 to,r_c to `�o��` IN 107005-06 rev A p A�lDOO �IC�D1 ALLEY J 40' ALLEY O (299..36') (29. ) (29.36') —11.46' o 10 o v v 29.36') 1(29.36') (9 1 (29.36') 0 N 7 BEARING DISTANCE 1 S09. 43' 30' W 92.021 2 N80' 16' 30' W 4. 87' 3 N50' 18' 39' W 7. 61' 4 N09' 43' 30' E 88. 22' o 5 S80. 16' 30' E 11, 46' 00 () RECORD PER M.M. 13 / 36-37 _ ALBOA BOULEVARD 0 N I 6 STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF NEWPORT BEACH I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; the foregoing resolution, being Resolution No. 2022-48 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 261h day of July, 2022; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Kevin Muldoon, Mayor Pro Tern Noah Blom, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council Member Will O'Neill NAYS: None RECUSED: Council Member Brad Avery IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 271h day of July, 2022. Leilani I. B own City Clerk Newport Beach, California I�