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HomeMy WebLinkAboutCity Council - 4427 RESOLUTION NO. 4427 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 MANSION AVENUE IN THE CITY OF HUNTINGTON BEACH FOR PUBLIC STREET PURPOSES, AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN WHEREAS, the City of Huntington Beach is proposing a public improvement, namely, the widening of Mansion Avenue for public use; and Acquisition of the real property referred to hereinbelow is necessary for implementing this public project; and Government Code Section 37350. 5 authorizes a city to acquire by eminent domain any property necessary to carry out any of its powers or functions, and providing adequate public streets is an essential city function, NOW, THEREFORE, BE IT RESOLVED by the City Council- of the City of Huntington Beach as follows : 1 . That the real property or interest in real property, described herein and graphically depicted in Exhibit A hereto, is necessary for said proposed public improvement . The specific description of the property is : That portion of Block 240 East Side Villa p 3, Tract, City of Huntington Beach, County of Orange, State of California, as shown on a map recorded in Book 4, page 65 of Miscel- laneous Maps in the office of the County Recorder of said County, described as follows : Beginning at the northwest corner of said Block 2403; thence south 00000119" east 132 .20 feet along the west line of said Block 2403 to a point of cusp with a curve concave to the southeast, having a radius of 32 .00 feet; thence northeasterly along said curve through C: cs 1 . a central angle of 6205311011 an are distance of 35 .12 feet to a compound curve concave to the southeast having a radius of 761. 15 feet; thence northeasterly along said curve through a central angle of 11055 ' 59" an arc distance of 158 . 52 feet to the west line of Tract No . 8971 as shown on a map recorded in Book 367, page 46 of Miscellaneous Maps in the office of the County Recorder of said County; thence north 000123" west 46. 60 feet along said line to the north line of said Block 2403; thence north 8905912411 west 165 . 00 feet along said north line to the Point of Beginning. 2. The public interest and- necessity ,require the acquisition, construction, and public improvement and widening of Mansion Avenue by the City of Huntington Beach. 3 . The proposed project is planned and located in a manner that will be most compatible with the greatest public good and the least private injury. 4 . The real property described hereinabove in this resolution is necessary for the proposed project . 5 . It is necessary that the taking of said property or interest in said real property be in fee simple, and acquisition of the property in fee ownership will be most compatible with the greatest public good and the least private injury . 6 . 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 the above described real property or interest in real property by condemnation under the laws of the State of California relating to eminent domain and such other statutes of the State as may be applicable, and to commence such proceedings as are necessary for the acquisition of said property . 7 . The real property or interest in real property which is authorized for condemnation by this resolution 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 2 . Huntington Beach at an adjourned regular meeting thereof held on the 14th day of March, 1977 . ATTEST: Alicia M. Wentworth City Clerk Mayor Deputy City Clerk REVIEWED AND APPROVED : APPROVED AS TO FORM: i Ci Administrator ty AttorVy �� INITIATED AND APPROVED AS TO CONTENT: NO FISCAL IMPACT FISCAL Iifi . . - F",r � FISCAL Is": 9'3y1,r REQUIRES FINANCIAL IMPACT RE1DORT 3 . _PEAT EXH -.-.A. 'tit '�... m owl on ME Res. No. 4427 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) 1, 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 14th day of March , 19 77 by the following vote: AYES: Councilmen: Bartlett, Pattinson, Gibbs, Siebert, Wieder NOES: Councilmen: MnnA ABSENT: Councilmen: _Coen. Shenkman ALICIA M. WENTWORTH City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California t BY - -� Deputy City Clerk