Loading...
HomeMy WebLinkAboutCity Council - 4180 RESOLUTION NO. 4180 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 ADJACENT TO ELLIS AVENUE FOR PUBLIC STREET 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 is proposing a public improvement , namely, widening of Ellis Avenue , NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that it finds , determines and declares as follows : 1 . The public interest and necessity require the acqui- sition, construction, and public improvement and widening of Ellis Avenue by the City of Huntington Beach. 2 . The real property or interest in real property described below is necessary for said proposed public improve- ment : That portion of Section 36 , Township 5 South, Range 11 West , in the Rancho Las Bolsas , City of Huntington Beach, County of Orange, State of California, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps , in the office of the County Recorder of said county. The west 15 .00 feet of the south 40 .00 feet of the southwest one-quarter of the southeast one- quarter of the northwest one-quarter of said Section 36 . Excepting therefrom that portion previously dedicated for street purposes . 3 . The use for which said property is being acquired is a public use authorized by law, to wit : public street . JOC : cs 1. 4 . It is necessary that the taking of said property or interest in real property be in fee simple and that this public use and improvement is planned and located in a manner which will be most compatible with the greatest public good and the least private injury. 5 . The .City Attorney for the City of Huntington Beach is hereby authorized, directed and empowered to acquire in the name of the City of Huntington Beach, a municipal corporation, a fee simple estate in and to said above described real property or interest in real property, by condemnation in accordance with the provisions of the Code of Civil Procedure , Sections 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 commence such proceeding or proceedings as are necessary for such acquisition in the proper court having jurisdiction thereof. 6 . 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 Huntington Beach, county of Orange , state of California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a/regular meeting thereof held on the 22nd day of December, 1975 . ATTEST: Mayor • �� ,7 ,-7 City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM: City Administrator , , City Atto ey 2 . J,I/. 114, SE �6 32 FORELLE DRIVE 8.94 AC. is '% ELLIS MARCH 1973 36 TRACT NO. 7771 Q MARCH 1975 Res. No. 4180 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) sst CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified 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 adjourned meeting thereof held on the 22nd day of December , 19 75 , by the following vote: AYES: Councilmen: Bartlett, Coen, Shipley. Gibbs NOES: Councilmen: None ABSENT: Councilmen: Matney, Duke ABSTAIN: Councilmen: Wieder a City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California