HomeMy WebLinkAboutCity Council - 3215 RESOLUTION N0 . 3215
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH DECLARING THAT PUBLIC
INTEREST AND NECESSITY REQUIRE THE ACQUISITION
OF CERTAIN RIGHT OF WAY EASEMENTS FOR
CONSTRUCTION AND DEVELOPMENT OF A STORM DRAIN
FACILITY, AND AUTHORIZING THE CONDEMNATION OF
SAID EASEMENTS OR NEGOTIATION FOR ACQUISITION,
AND DIRECTING ITS ATTORNEY TO PROCEED WITH
SUCH ACTION
WHEREAS, the City of Huntington Beach is anticipating
the construction and development of a drainage facility;
and
Construction of said facility is imminent and it is
necessary that certain right of way easements , hereinafter
set forth, affected by the construction of said facility,
be acquired by the City of Huntington Beach; and
It is in the public interest and necessity to acquire
said easements for the construction of such facility;
NOW, THEREFORE, IT IS FOUND, DETERMINED AND RESOLVED
as follows :
1 . That the public interest and necessity require the
acquisition, construction and completion, by the City of
Huntington Beach, of a public improvment , namely, a storm
drain facility, and that the hereinafter described property
or interests in property are necessary therefor; and
2. That the public interest and necessity require that
the taking of said hereinafter described property or interests
in property be as easements ; and
3 . That the City Attorney and City Administrator for
the City of Huntington Beach be and they are hereby authorized,
directed and empowered to acquire in the name of the City of
Huntington Beach, a municipal corporation, interests in and
to said hereinafter described real property, by condemnation
in accordance with the provisions of the Code of Civil Procedure
1 .
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 , to prepar
e
and prosecute in the name of the City of Huntington Beach
such proceeding or proceedings in the proper court having
jurisdiction thereof as is necessary for such acquisition.
4 . The property or interests in real property which the
City of Huntington Beach is , by this resolution, authorized to
acquire, are situated in the City of Huntington Beach, County
of Orange, State of California, and are more particularly
described as follows :
PARCEL 1 :
A right of way easement for purposes of a storm
drain facility, said easement being a strip of
land 20 . 00 feet in width the center line 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 890 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 0° 44 ' 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
the before mentioned center line; 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 easement 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 :
A temporary construction easement upon, over, and
across a strip of land 20 . 00 feet in width, lying
immediately adjacent to and parallel with the
west line of Parcel 1 herein, terminating on the
south in the northerly right of way of Slater Avenue,
2 .
and terminating on the north in the easterly prolon-
gation of the south line of said Tract No . 4329
referred to herein.
Said temporary construction easement is to be used
pending the construction of the proposed storm drain
facility and the rights and easement herein described
shall become effective upon the date of Final Judgment
in Condemnation, or at any date prior thereto upon
which an order for immediate possession thereof is
secured, and shall cease and terminate upon completion
of said storm drain facility (and in any event not
later than February 28, 1971) , at which time the
surface thereof shall be placed in a level, unobstructed
condition.
PARCEL 3 :
A temporary construction easement upon, over, and
across a strip of land 20 . 00 feet in width, lying
immediately adjacent to and parallel with the
east line of Parcel 1 herein, terminating on the
south in the northerly right of way of Slater Avenue,
and terminating on the north in the easterly prolon-
gation of the south line of said Tract No . 4329
referred to herein.
Said temporary construction easement is to be used
pending the construction of the proposed storm drain
facility and the rights and easement herein described
shall become effective upon the date of Final Judgment
in Condemnation, or at any date prior thereto upon
which an order for immediate possession thereof is
secured, and shall cease and terminate upon completion
of said storm drain facility (and in any event not
later than February 28, 1971) , at which time the
surface thereof shall be placed in a level, unobstructed
condition.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof on the 8th
day of September 1970 .
1 (L�G w
Mayor
ATTEST: APPROVED AS TO FORM:
i y erk City Attorn
3 .
Res. No. 3215
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 8th
day of September , 10�, by the following vote :
AYES: Councilmen:
Green Bartlett, McCracken, Gibbs-, Matney, Shipley_
NOES: Councilmen:
None
ABSENT: Councilmen:
Coen
City Clerk and -officio Clerk
of the City Council of the City
of Huntington Beach, California