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HomeMy WebLinkAboutCity Council - 1868 RESOLUTION NO* 1868 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISTION OF CERTAIN REAL PROPERTY FOR STORM DRAIN FACILITIES AND AUTHORIZING THE ACQUISTION 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 4,096 feet west of Springdale Street, and a storm drain pump station adjacent to said orange County Flood Control District Channel; and WHEREAS, construction of said storm drain channel is imminent and it is necessary that certain real property, hereinafter set forth, affected by this channel and pump station be acquired by the City of Huntington Beach and WHEREAS, it is in the public interest and necessity to acquire said land for the construction of the storm drain channel and pump station; NOW, THEREFORE, be it resolved as follows: 1. Resolved by the City Council of the City of Huntington Beach, California, that it finds and determines and hereby declares: (a) That the public interest and necessity require the acquistion, construction and completion of a public improvement, namely a storm drain channel and drain pump station; and (b) That the public interest and necessity require Res. No. 1868 the acquistion.-for and in connection with said improvement of the real property or Interest in real property hereinafter described; and (a) That the proposed public improvement is planned and 1 cated 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 expressly 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 Procedure and the Constitution of the State of California relating to eminent domain and such other statutes of the State of California as may be applicable, to prepare and prosecute in the name of the City of Huntington Beach such proceeding or proceedings in the proper court having jurisdiction thereof as are necessary for such acquistion. 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 described as follows: Res. No. 1868 That portion o the North half of Section 28, Township 5 South, Range 11 W st, in the Rancho Los Bolsas Chico, in the County of Orang , State of California, as shown on map recorded in book 51, page 13, et seq. , of Miscellaneous Maps in the office of the Recorder of said County, described as follows: Commencing at the intersection of the South line of said North half with the Southeasterly line of that certain strip of land 196.00 feet in width as condemned by the Orange County Flood Control District, by final order of condemnation rendered in connection with Case No. 82529, in the Superior Court of the State of California in and for said County, a certified copy which was recorded March 3, 1961 in book 56469 Page 935 of Official Records of said County; thence N 890 25' 30" E along said South line 200.00 feet thence N 00 34, 30" W along a line perpendicular to said South line 20.00 feet to the true point of beginning thence continuing along said Southeasterly line; thence N 620 31' 14" E along said last mentioned line 278.65 feet to its intersection with a line, parallel with and 250.00 feet Easterly, as measured at right angles to said perpendicular line, thence S 00 34* 3011 E along said parallel line 133.34 feet to its intersection with a line parallel with and 85.00 feet Northerly, as measured at right angles to said South line of the North half; thence N 890 25' 30" E along last said mentioned parallel line 2322#81 feet to its intersection with the West line of the East one half of the Northeast one quarter of said section; thence S 00 57' 04" E along said last mentioned line 65-00 feet to its intersection with a line, parallel with and 20,00 feet Northerly, as measured at right angles, to said South line of the North half; 0 thence S 89 250 30" W along said last mentioned parallel line 2573.24 feet to the true point of beginning* PASSED AND ADOPTED by the City Council of the City d *pprn ed of Huntington Beach, California, at a regular Adting thereof held on the Z�„_Sth day of October 1963- Mayor ATT City Clerk APPROVED AS TO FORM: James, D. Plunkett, city Attorney By Res. No. 1868 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 resolution was passed and adopted by the affirmative vote of more than a majority of all ou the members of said City Council at a regular/me ti ged thereof held on the 28th day of October , 1963. AYES: Councilmen: Wells , Gisler, Stewart, Welch, Lambert NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and a fficio Clerk of the City Council of he City of Huntington Beach, California