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HomeMy WebLinkAboutCity Council - 3102 V f RESOLUTION NO . 3102 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 DRAINAGE EASEMENT PURPOSES, AND AUTHORIZING THE CONDEMNATION OF SAID PROPERTY OR NEGOTIATION FOR ACQUISITION, AND DIRECTING ITS ATTORNEY TO PROCEED WITH SUCH ACTION. WHEREAS, the City of Huntington Beach needs to provide drainage for certain areas of the city; and Attempts by the City to acquire an easement for said drainage facilities have been unsuccessful; and It is in the public interest and necessity to acquire said drainage easement for drainage of properties located south of Warner Avenue; NOW, THEREFORE, BE IT RESOLVED as follows : The City Council of the City of Huntington Beach finds , determines and declares : 1. That the public interest and necessity require the acquisition of an easement for drainage across the property hereinafter described. 2 . That DON P. BONFA, 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, an easement for drainage across the hereinafter des- cribed property, by condemnation or negotiation, in accordance with the provisions of the Code of Civil Procedure, Section 1237 , et seq. 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, and to prepare and prosecute in the name of the City of Huntington Beach such proceeding or proceedings in the proper court having juris- diction thereof as are necessary for such acquisition . 3 . The 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 Califor- nia, and is more particularly described as follows : PARCEL 1: For Storm Drain Purposes . A strip of land 20 . 00 feet in width the centerline of which is more particularly described as follows : commencing at the southwest corner of the northwest one-quarter (NW 1/4 ) of Section 26, Township 5 South, Range 11 West , San Bernardino Base and Meridian, Orange County, California; thence north 891 28 ' 10" east, along the south line of said northwest one- quarter (NW 1/4 ) of Section 26, 1045 . 00 feet to a point; thence north '00 441 25" west 20 . 00 feet to a point in the northerly right of way line of Slater Avenue , said point being the true point of beginning of before mentioned centerline; thence continuing north 00 44 ' 25" west 420 . 37 feet to a point in the easterly prolongation of the south line of Tract No. 4329, as shown on a map recorded in Book 156, pages 19-20, Miscellaneous Maps, Records of Orange County, California, the side lines of said 20 . 00 foot ease- ment to be prolonged or shortened to terminate in said northerly right of way line of Slater Avenue, and in the said easterly prolongation of the south line of Tract No. 4329 . PARCEL 2 : Temporary Construction Easement . A strip of land 20 . 00 feet in width, lying immediately adjacent to and parallel with the west line of Parcel 1, terminating on the south in the northerly right of way of Slater Avenue, and terminating on the north in the easterly prolongation of the south line of said Tract No. 4329 . PARCEL 3 : Temporary Construction Easement . A strip of land 20 . 00 feet in width, lying immediately adjacent to and parallel with the east line of Parcel 1, terminating on the south in the northerly right of way of Slater Avenue, and terminating on the north in the easterly prolongation of the south line of said Tract No. 4329 . PASSED AND ADOPTED by the City Council of the City of adjourned Huntington Beach at a regular/ meeting thereof held on the 15th day of December 1969 Ray-or ATTEST: �7� (,--2 City erk APPROVED AS TO FORM: 7 City Attorne Res No. 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 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 1 th day of December 10 69 by the following vote : AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney, Coen Green NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and officio Clerk of the City Council of the City of Huntington Beach, California