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HomeMy WebLinkAboutCity Council - 1251 i; RESOLUTION NO. 1251�.� RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, ORANGE COUNTY, CALIFORNIA, DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF RIGHTS OF WAY FOR THE CONSTRUCTION AND COIf1PLETION OF THE WATER SUPPLY SYSTEM FOR WEST ORANGE COUNTY, AND PARTICULARLY THAT PORTION THEREOF BELONGING TO AND SERVING THE CITY OF HUNTINGTON BEACH, AND AUTHORIZING THE ACQUISITION OF SAID RIGHTS OF WAY BY CONDEMNATION OR NEGOTIATION AND DIRECTING ITS ATTORNEYS TO PROCEED WITH SUCH ACTION„ WHEREAS, the West Orange County Water Board is the duly authorized and acting agency for the City of Huntington Beach and for County Water Works Districts Three and Five of Orange County, California; and WHEREAS, said West Orange County Water Board has been authorized and directed to advertise and accept bids for the construction of said Water Supply System, and has so advertised and accepted bids; and WHEREAS, the contract has been let as so authorized; and r WHEREAS, said contract provides that the West Orange County Water Board and the City of Huntington Beach will supply the rights of way for the construction of said Water Supply System where the same is required; and WHEREAS, it is in the public interest and necessity to acquire said rights of way for the construction of said Water Supply System for West Orange County, and particularly that portion thereof belonging to and serving the City of Huntington Beach, and such other interests in real property as may be more particularly described hereinafter, i NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: l.. RESOLVED by the City Council of the City of Huntington Beach, Orange County, California, that it finds and determines and hereby declares that the public interest and necessity require the acquisition, construction and completion by said West Orange County Water Board, acting as agent for said City and said County Water Works Districts, of a public improver:ent, namely, a Water Supply System for West Orange County, and particularly that portion thereof belonging to and serving the City of Huntington Beach, detailed plans and specifications for Reso, 1251 which were finally approved by the CityCouncil of the City of P Y Huntington Beach on the -loth day of June, 1955• 2. RESOLVED that the public interest and necessity require the acquisition for said public improvement the real property or Interests in real property hereinafter described. 3. RESOLVED that said proposed public improvement is planned and located in a manner most compatible with the greatest public good and the least private injury. 4. BE IT FURTHER RESOLVED that C. A. Bauer, as City Attorney • for the City of Huntington Beach, and Harry Ashton, a s Attorney for West Orange County Water Board and special Attorney for the City of Huntington Beach, are hereby authorized, directed and empowered to acquire in the name of the City of Huntington Beach, an easement and rights of way to establish, construct and maintain for all time , a water main or water mains, in, through, on and along that said real property hereinafter described by condemnation in accordance with the provisions of the Code of Civil Procedure and the Con- stitution of the State of California relating to Eminent Domain, and such other Statutes of the State of California as may be applicable; That said attorneys are authorized to prepare and prosecute in the name of the City of Huntington Beach, a Municipal Corporation of Orange County, California , such proceeding or proceedings in the proper court having Jurisdiction thereof as are necessary for such acquisition, to make application to said court for an order fixing the amount of such security in the way of money deposits as said court may direct , for an order permitting said City to take immediate possession and use of said real property or interests in real property or existing improvements as a right of way for public water main purposes , and to make deposit of such security out of the proper funds under the control of the City Treasurer of the City of Huntington Beach in such amounts so fixed and determined, and .2- Reso. 1251 in such manner as said court in which said condemnation proceedings are pending may direct. 5. BE IT FURTHER RESOLVED that said attorneys are authorized to employ an appraiser or appraisers in connection with said condemnation or negotiation and to contract for the payment or said appraiser or appraisers in accordance with the usual charges for such services in Orange County. 6. BE IT FURTHER RESOLVED that the real property or interests in real property or existing improvements which the attorneys for the said City are authorized to acquire in the name of said City are situated in the County of Orange, State of California, and more particularly described as follows: An easement for right of way for a water main and ingress and egress therefrom, over, on and across the hereinafter described real property* PARCEL NO 1. The Easterly 25 feet of the Westerly 1 of e-31W 1/4 of the BE 1/4 of Section 26, Township 5 South, Range 11 West, S. B. B. & M. , (Assessorts Parcel No. 111-330--3) . PARCEL N0. 2. Lots 1, 80 21, 34, and 47 in Block 3"(302) of Tract No. 171 , as shown on a map recorded in Book 12 , pages 15, 16 and 17 of Miscellaneous Maps, records of Orange County, California (Assessors s Parcel No, 111-M302-21) . PARCEL NO. Lot 60 (26) in Block 3 (302) of Tract No. 171, as shown on a Map recorded in Book 12 , pages 15, 16 and 17 of Miscellaneous Maps , records of Orange County, California (Assessor' s Parcel No. 111--302-26) . PARCEL NO. 4. Lots 73 and 112 in Block 3 (303) of Tract No. 171 , as shown on a Map recorded in Book 12 , pages 15, 16 and 17 of Miscellaneous Maps, records of Orange County , California (Assessor' s Parcel No, 111-303--13) t PARCEL NO. 5. Lot 86 in Block 3 (303) of Tract No. 1711 as shown on a Map recorded in Book 12 , pages 15 , 16 and 17 of Miscellaneous Maps , records of Orange County, California (Assessor' s Parcel No. 111--303-9) . PARCEL NO. 6. Lot 99 in Block 3 (303) of Tract Ivo. 171 , as shown on a Map recorded in Book 12 , pages 15 , 16 and 17 of Miscellaneous Maps , records of Orange County, California (Assessors s Parcel No. 111-303-10) . -3- Reso. 1251 PARCEL N0. 7 . Lot 125 in Block 3 (303) of Tract No. 171, as shown on a Map recorded in Book 12 , • pages 15, 16 and 17 of Miscellaneous Maps , records of Orange County, California (Assessorls Parcel No. 111--30 3-22) . PARCEL NO. 8. Lot 138 in Block 3 (303) of Tract ISO.' 171, as shown on a Map recorded in Book 12 , pages 15, 16 and 17 of Miscellaneous Maps, records of Orange County, California (Assessor' s Parcel No. 111-303--23) . PARCEL NO. 9. Lot 151 in Block 3 (303) of Tract No. 171, as shown on a Map recorded in Book 12 , pages 15, 16 and 17 of Miscellaneous Maps, records of Orange County, California (Assessor' s Parcel No. 111--303-38) . PARCEL NO. 10. Lots 1, 53, 66 and 79 in Block 4 • ( 3066) of act No. 171, as shown on a Map recorded in Book 12, pages 15, 16 and 17 Of Miscellaneous Maps, records of Orange County, California (Assessors s Parcel No. 111-=306-23) PARCEL NO. 11. Lot 14 in Block 4 (306) of Tract o. 71, as s own on a Map recorded in Book 12, pages 15, 16 and 17 of Miscellaneous Maps, records of Orange County , California (Assessor` s Parcel No. 111--306--6) . PARCEL NO12. Lot 27 in Block 4 (306) of Tract No. 171 , as shown on a Map recorded in Book 12 , pages 15, 16 and 17 of Miscellaneous Maps, records of Orange County, California (Assessor` s Parcel No. 111-»306-10) PARCEL NO.13. Lot 40 in Block 4 (306) of Tract No. 171 , as Shawn on a Map recorded in Book 12, pages 15, 16 and 17 of Miscellaneous Maps, records of Orange County, California (Assessor` s Parcel No. 111-306--11) . PARCEL NO. 14. Lots 92, 1189 144 and 157 in Sock 47-(308) of Tract No. 171 , as shown on a Map recorded in Book 12, pages 15, 16 and 17 of Miscellaneous Maps, records of Orange County, California (Assessor` s Parcel No. 111--308--7) . PARCEL NO. 15. Lot 105 in Block 4 (308) of Tract No. 171, as shown on a map recorded in Book 12, pages 15, 16 and 17 of Miscellaneous Maps , records of Orange County, California (Assessor' s Parcel No. 111-308--5) . PARCEL NO. 16. Lot 131 in Block 4 (308) of Tract No . 171, as shown on a Map recorded in Book 12 , pages 15, 16 and 17 Of Miscellaneous Maps, records of Oran e County, California (Assessor` s Parcel No. 111--308--13). -4- Reso. 1251 PARCEL NO. 17. The Easterly 25 feet of Lot B (Block ,Tract No. S70; and the Easterly 25 feet of the Southerly 140 feet of the SW 1/4 of the NW 1/4 of the NE 1/4 of section 35, Township 5 South, Range 11 West , S.B.B. & MI. , (Assessors s Parcel No. 111--260�-1)'. PARCEL NO. 18. The Easterly 25 feet of Lot B (Block -B)-,--Tract 70 (Assessors Parcel No. 111-260--3) . PARCEL NO. 19. The Easterly 25 feet of the NW 1/4 of troie SW lj4-of the NE 1/4 of Section 35, Township 5 South, Range 11 West, S.B.B. & M. , (Assessorrs Parcel No. 111-260--11) . PARCEL NO. 20. The Easterly 25 feet of Lot 1 in Block A of Tract No. 7, as shown on a Map recorded in Book 9, page 8 of Miscellaneous Maps, records of Orange County , California (Assessors s Parcel No. 111--260-13) . The foregoing Resolution was passed and adopted at a regular meeting of the City Council of the City of Hunting- ton Beach, on the 18th day of July, 1955. ATTESTS City Clerk City of Huntington Beach, Orange County, California. or -5- Reso. 1251 STATE OF CALIFORNIA ) County of Orange } ss: City of Huntington Beach ) I, JOHN L. HENRICKSEN, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is five; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 18th day Of July, 1955, by the following roll call votes AYES: Councilmen: Bartlett, LeBard, Lockett, Terry, Seabridge. NOES: Councilmen: Noneu ABSENT: Councilmen: None, 1 (LI ty Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California