HomeMy WebLinkAboutCity Council - 3447 RESOLUTION N0. 3447
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 SEWER 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
sewer services for certain areas of the city; and
Attempts by the City to acquire an easement for said
sewer facilities and appurtenances have been unsuccessful;
and
It is in the public interest and necessity to acquire
said sewer 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 sewer services and appurtenances
across the property hereinafter described.
2 . That the 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 sewer services and appurtenances and a temporary
construction easement across the hereinafter described prop-
erty , 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- jurisdiction thereof
as are necessary for such acquisition.
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3 • The property which the City of Huntington Beach is
by this resolution authorized to acquire is a permanent sewer
easement situated in the City of Huntington Beach, County of
Orange , State of California, and is more particularly described
as follows :
For Permanent Sewer Easement Purposes :
PARCEL 1 :
The most southerly 20 .00 feet of Club House Grounds , of
Tract 392 , as shown on a map recorded in Book 16 , Page
5, Miscellaneous Maps , records of Orange County .
PARCEL 2 :
The south 20 .00 feet of Lot 3 of Tract 454 , as shown
on a map recorded in Book 31, Page 15 , Miscellaneous
Maps , records of Orange County .
PARCEL 3 :
The south 20 .00 feet of Lots 30 , 31 and 32 of Block
"C" of Tract 392 , as shown on a map recorded in Book
16 , Page 5, Miscellaneous Maps , records of Orange
County.
PARCEL 4 :
The south 20 .00 feet of Lots 33 , 34 , 35 and 36 of
Block "C" of Tract 392 , as shown on a map recorded
in Book 16 , Page 5, Miscellaneous Maps , records of
Orange County .
PARCEL 5 :
The south 20 . 00 feet of Lots 37 and 38 of Block "C"
of Tract 392 , as shown on a map recorded in Book 16 ,
Page 5 , Miscellaneous Maps , records of Orange County .
PARCEL 6 :
The south 20 .00 feet of Lot 25 of Block "D" of
Tract 392 , as shown on a map recorded in Book 16 ,
Page 5, Miscellaneous Maps , records of Orange County .
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PARCEL 7 :
The south 20 .00 feet of Lot 24 of Block "D" of Tract
392 , as shown on a map recorded in Book 16 , Page 5,
Miscellaneous Maps , records of Orange County .
4 . The property which the City of Huntington Beach by
this resolution is authorized to acquire is a temporary con-
struction easement and right of way in, on, over, under and
across the hereafter described property for the purposes of
temporary access to, and construction of sewer works and
appurtenances , situated in the City of Huntington Beach,
California, together with the right to remove any improvement ,
brush, bush, tree , shrub or other growth, and to store
excavated material and construction equipment thereon, pro-
vided that upon the termination of the construction easement
and right of way , all such construction equipment shall be
removed, the surface shall be restored to a smooth-graded
condition, and all improvements affected thereby , such as
fences and driveways , shall be replaced.
The construction easement and right of way herein-
after described shall become effective upon the date of
Final Judgment of Condemnation herein, or any date prior
thereto upon which an order for immediate possession or right
of entry thereof is secured, and shall cease twenty (20) days
after the filing of the Notice of Completion.
The description of said properties is as follows :
For Temporary Construction Easement Purposes :
PARCEL 8 :
The north 10 .00 feet of the south 30 .00 feet of Lots
37 and 38 of Block "C" of Tract 392 , as shown on a
map recorded in Book 16 , Page 5 , Miscellaneous Maps ,
records of Orange County .
PARCEL 9 :
The north 10 .00 feet of the south 30 .00 feet of Lot
25 of Block "D" of Tract 392 , as shown on a map
recorded in Book 16 , Page 5 , Miscellaneous Maps ,
records of Orange County .
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PARCEL 10 :
The north 10 .00 feet of the south 30 .00 feet of Lot
24 of Block "D" of Tract 392 , as shown on a map
recorded in Book 16 , Page 5 , Miscellaneous Maps ,
records of Orange County .
PARCEL 11:
The north 10 .00 feet of the south 30 .00 feet of Lots
33 , 34 , 35 and 36 of Block "C" of Tract 392 , as shown
on a map recorded in Book 16 , Page 5 , Miscellaneous
Maps , records of Orange County .
PARCEL 12 :
The north 10 .00 feet of the most southerly 30 .00 feet
of Club House Grounds of Tract 392 , as shown on a
map recorded in Book 16, Page 5, Miscellaneous Maps ,
records of Orange County.
PARCEL 13 :
The north 10 .00 feet of the south 30 .00 feet of Lot
3 of Tract 454, as shown on a map recorded in. Book
31, Page 15 , Miscellaneous Maps , records of Orange
County .
PARCEL 14 :
The north 10 .00 feet of the south 30 .00 feet of Lots
30 , 31, and 32 of Block "C" of Tract 392 , as shown
on a map recorded in Book . 16 , Page 5 , Miscellaneous
Maps , records of Orange County .
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the
22nd day of February, 1972 .
2
Mayor
ATTEST : APPROVED AS TO FORM:
City rk City Attorney
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Res. No.3447
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 22nd
day of February 19 72 by the following vote:
AYES: Councilmen:
Bartlett, Gibbs, Green, Matney, McCracken
NOES: Councilmen:
None
ABSENT: Councilmen:
Shipley, Coen
City Clerk and -officio Clerk
of the City Council of the City
of Huntington Beach, California