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HomeMy WebLinkAboutCity Council - 2683 RESOLUTION NO. 2683 A RESOLUTION OF THE CITY C-OUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY FOR STORM DRAIN FACILITIES AND PUBLIC STREET PURPOSES AND AUTHORIZING THE ACQUISITION OF SAID PROPERTY BY CONDEMNATION OR NEGOTIATION AND DIRECTING ITS ATTORNEY TO PROCEED WITH SUCH ACTION WHEREAS, the City of Huntington Beach is antici- pating the immediate construction of a storm drain channel and a, storm drain pump station and. public street; and WHEREAS, construction of said storm drain channel pump station and public street is imminent and. it is neces- sary that certain real property, hereinafter set forth, affected. by this channel and pump station and public street be acquired by the City of Huntington Beach; and WHEREAS, it is in the public interest and neces- sity to acquire said land for the construction of the storm drain channel and pump station and public street; 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 acquisition, construction and completion of a public improvement, namely, a storm drain channel and drain pump station and public street; (B) That the public interest and necessity require the acquisition for and. in - 1 - connection with said improvement of 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 K. DALE BUSH 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 corpora- tion, a fee simple estate, unless a lesser estate is herein- after 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 acquisition. 3. The real property or interest in real property which the City of Huntington Beach is by this resolution authorized to acquire is described in Exhibit "A" attached hereto and made a part hereof. 2 - PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, at a, regular meeting held. on the 15th d.a,y of January 1968. e e yor ATTEST: City Clerk APPROVED AS TO FORM: d��a Ga�fczc. --City Attorney - 3 - t January 9, 1968 DESCRIPTION OF PROPERTY TO BE ACaJIRED BY CONDEMNATION PROCEEDINGS FOR STREET, PUBLIC UTILITY, AND STORM DRAIN PURPOSES Those portions of Tract No. 193 as shown on a map recorded in Book 12, page 49 of Miscellaneous maps, Records of Orange County, California, being more particularly described as follows: Parcel 1. That portion of lot 18 of said tract 193 described as follows: Beginning at the southeast corner of lot 18 of said tract 193 thence north 0° 391 15" west 17.62 feet along the easterly line of lot 18 to a point; thence south 85° 44' 15" west 17.42 feet to a point on a tangent curve concave to the northeast, having a radius of 32.00 feet; thence northwesterly 26.20 feet along said curve through a central angle of 46° 54' 12" to a point on the north line of lot 18; thence south 89' 36' 40" west 30.05 feet along the north line of lot 18 to a point; thence south 0° 391 15" east 25.00 feet to a point on the south line of lot 18; thence north 898 36' 40" east 70.99 feet to the point of beginning. Parcel 2. Lots 53, 54, 55 and 56 together with that portion of the east one-half of Lot C lying between the westerly prolongations of the north line of lot 53 and the south line of lot 56. Excepting therefrom any portion of lots 55, 56 and C. previously dedicated by a deed recorded in Book 4894, Page 128 of Official Records, ` ' Records of Orange County, California. Parcel 3. That portion of lots 59 and 61 of said tract 193 lying westerly of the west line of that certain right of way, 30.00 feet in width, dedicated to the Orange County Sanitation District by a deed recorded in Book 3575, Page 317, Official Records, Records of Orange County, California, Excepting therefrom that portion of lot 59 previously dedicated by a deed recorded in Book 4894, Page 128 of Official Records, Records of Orange County, California. 6 3 j EXHIBIT "A'► Res No. 2683 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss : CITY OF HUNTINGTON BEACH ) 1 , 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 seven; 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 15th day of January , 19 68 , by the following vote: AYES: Councilmen: Coen, Bartlett, Gisler, Kaufman, Stewart, Green, Shipley NOES: Councilmen: None ABSENT: Councilmen: None City Clerk an x-officio Clerk of the City Council of the City of Huntington Beach, California