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HomeMy WebLinkAboutCity Council - 1661 RESOLUTION No. 1661 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY FOR STORM DRAIN PURPOSES AND AUTHORIZING THE ACQUISITION OF SAID PROPERTY BY CON- DEMNATION OR NEGOTIATION AND DIRECTING ITS ATTORNEY TO PROCEED WITH SUCH ACTION. WHEREAS, the City of Huntington Beach is anticipating the immediate construction of a storm drain channel, said channel connecting with the Orange County Flood Control District Channel C5 approximately 700 feet east of Goldenweet, thence northeasterly approximately l* miles; and WHEREAS, this storm drain channel is the principal storm drain facility in a planned drainage district; and WHEREAS, all other rights-of-way for the storm drain channel have been acquired from the affected property owners; and WHEREAS, construction of said storm drain channel is imminent and it is necessary that the additional rights-of-way for the storm drain channel from its point of ,puncture with the Orange County Flood Control District channel northerly some 600 feet be acquired and immediate possession secured; and WHEREAS, it is in the public interest and necessity to acquire said land for the construction of the storm drain chan- nel; NOW, THEREFORE, be it resolved as follows: 1. Res. No. 1661 1. Resolved by the City Council of the City of Hunt- ington Beach, California, that it finds and determines and hereby declares: (a) That the public interest and necessity require the acquisition, construction and completion of a public Im- provement, namely a storm drain channel; and (b) That the public interest and necessity require the acquisition for and in connection with said improvement of the real property or interest in real property hereinafter deserib- ed; and (e) That the proposed public improvement is planned and located in a manner which will be most compatible with the greatest public good and least private injury. 2. BE IT FURTHER RESOLVED that James D. Plunkett as City Attorney for the City of Huntington Beach be, and he is hereby authorized, directed and empowered to acquire in the name of the City of Huntington Beach, a municipal corporation, a fee simple estate, unless a lesser estate is hereinafter ex- pressly described, in and to the said hereinafter described real property or interest in real property, by condemnation In accordance with the provisions of the Code of Civil Proced- ure and the Constitution of the State of California relating to eminent domain and such other statutes of the State of Califor- nia as may be applicable, to prepare and prosecute in the name of the City of Huntington. Beach such proceeding or proceedings 2 . Res. No. 1661 in the proper court having jurisdiction thereof as are nec- essary for such acquisitionsto make application to said court for an order fixing- the amount of such security in the way of money deposited as said court may direct, and an order permit- ting said city to take immediate possession and the use of said real property,or interest in real property, as a right of way for a storm drain channel; to make the deposit of such surety out of proper funds under the control of said city in such amount as fixed and in such a manner as said eourt,in which such condemnation proceedings are pending, may direct. 3. The real property or interest in real property which the City of Huntington Beach is by this resolution authorized to acquire is situated in the City of Huntington Beach, County of Orange, State of California, and is more particularly de- scribed as follows: PARCEL No, .I: Lot 77 In Block B of Tract No. 392, as shown on a map thereof recorded in Book 16, Page 5, Miscell- aneous Naps, records of Orange County, California. PARCEL N„g. 2: Lot 78 in Block B of Tract No. 392, as shown on a map thereof recorded in Book 16, Page 5, Misoell- aneous Maps, records of Orange County, California. PARC_EL Ng. 1: Lot 129 in Block B of Tract No. 392, as shown on a map thereof recorded in Book 16, Page 5, Miseell- aneous Maps, records of Orange County, California. 3- Res. No. 1661 PARCEL No. 4: Lot 130 in Block B of Tract No. 392, as shown on a map thereof recorded in Book 16, Page 5, Mis- cellaneous Maps, records of Orange County, California. PARCEL No. 5: Lot 131 in Block B of Tract No. 392, as shown on a map thereof recorded in Book 16, Page 5, Mis- eallaneous Maps, records of Orange County, California. PARCEL No. _6: Lot 132 in Block B of Tract No. 392, as shown on a map thereof recorded in Boo} 16, Page 5, Mis- cellaneous Maps, records of Orange County, California PASSED ARID ADOPTED by the City Council of the City of Huntington Beach, California, at a regular meeting thereof held on the 1st day of October, 1962. 1 Mayor ATTEST: City erk 4. Res. No. 1661 STATE OF CALIFORNIA County of Orange ss City of Huntington Beach I, PAUL C. JONES, 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 resol- ution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Counc- il at a regular meeting thereof held on the 1____�t day of October ) 1962 , by the following vote: AYES: Councilmen: Wells, Stewart, Welcb. -Lambert - NOES: Councilmen: None ABSENT: Councilmen: Gisler 7 City Clerk andot-officio Clerk of the City Council of the City of Huntington Beach, California. 5.