HomeMy WebLinkAbout90-102 - Fire Station ConstructionRESOLUTION NO. 90 -102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH OF PUBLIC NECESSITY AND
INTENT TO CONDEMN BY EMINENT DOMAIN CERTAIN
REAL PROPERTY SITUATED AT 122 -124 MARINE
AVENUE, BALBOA ISLAND, CALIFORNIA, NEEDED FOR
THE CONSTRUCTION OF A FIRE STATION.
• 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 entire parcel at 122 -124
Marine Avenue, Balboa Island, 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:
Lots 17 and 18, Block 2, Section 4, Balboa Island, in the
City of Newport Beach, as per map recorded in Book 7,
Page 37, Records of Orange County, California, excepting
therefrom the westerly ten feet thereof; and
WHEREAS, the real property to be acquired is located within
the City limits and shall be used for construction of a fire
station; and
WHEREAS, the right of the City to acquire and hold real
property 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 by eminent domain is provided in California Government
•
Code Section
37350.5; and
WHEREAS,
a hearing was
duly held on October 22, 1990 and the
representatives of the owner were given an opportunity to be heard;
and
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WHEREAS, the City Council finds and determines that the public
interest and necessity require the construction of a fire station
on Balboa Island because the restricted single access street to
Balboa Island makes fire protection for residents and businesses on
the Island difficult due to high public and tourist traffic; 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 subject property is necessary for the project
because the property is twice the area of the current fire station
site, would better meet the needs of the residences and businesses
on Balboa Island and is located for improved access to all areas of
Balboa Island; and
WHEREAS, the City Council further finds and determines that an
offer was made to the owner of the subject property to purchase 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 City Council of the City
of Newport Beach as follows:
1. The public interest and necessity require the proposed
project.
2. The City Manager 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 are unsuccessful, the City Attorney is hereby authorized
and directed to institute as necessary, an action in eminent domain
to acquire the real property referred to herein and to seek
immediate possession thereof.
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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 22nd day of October , 1990
MAYOR
ATTEST:
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