HomeMy WebLinkAboutCity Council - 2251 RESOLUTIOR, NO. 2251
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTIN'GTON BEACH DECLARING THAT
THE PUBLIC INTEREST AND NECESSITY REQUIRE
THE ACQUISITION OF CERTAIN REAL PROPERTY
FOR STREET PURPOSES AND AUTHORIZING THE
ACQUISITION OF SUCH PROPERTY BY CONDEMNA-
TION OR NEGOTIATION AND DIRECTING ITS AT-
TORNEY TO PROCEED WITH SUCH ACTION.
WHEREAS, the City of Huntington Beach is antici-
pating the construction of drainage facilities along the
east side at Graham Street, north of Slater Avenue; and
WHEREAS, the construction of said drainage facili-
ties is imminent and it is necessary that certain parcels of
real property, hereinafter set forth, affected by this
improvement q rovement be acquired by the City of Huntington Beach; and
WHEREAS, it is in the public interest and necessity
to acquire said land for street purposes;
NOW, WHEREFORE, 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 acquisition, construction and completion of a public
improvement, namely drainage facilities; and
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Res. No. 2251
(b) That the public interest and necessity require
the acquisition for and in connection with said public
improvement the real property, or interest in real property
hereinafter described; and
(c) 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 P. 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 herein-
after described real property, or interest in real property,
by negotiation, or by condemnation, in accordance with the
provisions of the Code of Civil Procedure and the Consti-
tution 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 acquisitions.
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 Hunting-
ton Beach, County of Orange, State of California, and is
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Res. No. 2251
more particularly described as follows:
Those portions of the Northeast Quarter
of Section 28, Township 5 South, Range 11 "hest,
in the Rancho La Bolsa Chica, in the City of
Huntington Beach, County of Orange, State of
California, as said section is shown on a map
recorded in book 51, page 12 of Miscellaneous
Maps, in the office of the County Recorder of
of said Orange County, lying Southerly of the
land condemned to the Orange County Flood Con-
trol 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 the County of Orange, a certified
copy of which was recorded March 3, 1961 in
book 5646, page 935, Official Records, described
as follows:
PARCEL 1P: A permanent, non-exclusive
easement for the construction, maintenance and
repair of a storm drain pipeline and appurtenances
over the East 10.00 feet of the West 40.00 feet
of said Northeast Quarter.
PARCEL 2T: Temporary working easements to
be used only in connection with the construction
of said storm drain pipeline and appurtenances
described in Parcel 1P hereinabove, over the Vest
30,.00 feet of said Northeast Quarter, and over the
East 40.00 feet of the West 80.00 feet of said
Northeast Quarter.
The Northerly terminus of the sidelines of
said Parcels 1P and 2T are at the Southeasterly
line of said Orange County Flood Control District
land.
3.
Res. No. 2251
PASSED AND ADOPTED by the City Council of the
City of Huntington Beach, California, at a regular meeting
held on the I st day of November , 1965.
ayor
ATTEST:
City Wrk
APPROVED AS TO FORM:
D. I LIJ
City Attorney
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Res. No. 2251
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 the members of said City Council
at a regular meeting thereof held on the 1st day of November
19 65 , by. the following vote:
AYES: Councilmen:
Welch, Gisler, Stewart , Lambert, Shipley
NOES: Councilmen:
None
ABSENT: Councilmen:
None
City Clerk a ex-officio Clerk
of the City Council of the City
of Huntington Beach, California