HomeMy WebLinkAboutCity Council - 4428 RESOLUTION NO. 4428
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 DUNBAR STREET IN THE CITY
OF HUNTINGTON BEACH FOR PUBLIC SEWER AND WATER
FACILITIES, AND AUTHORIZING THE ACQUISITION OF SUCH
PROPERTY BY EMINENT DOMAIN
WHEREAS, the City of Huntington Beach is proposing a public
improvement, namely, the installation of water and sewer facilities
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 water and sewer
facilities 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 :
The south 25 feet of that parcel of land in
the City of Huntington Beach, County of Orange,
State of California, described in Book 5041,
page 483 of the Official Records, in the office
of the County Recorder of said county;
Said parcel being described as follows :
The south 208 feet of the north 440 feet of the
west 225 feet of the northwest quarter of the
northwest quarter of Section 28 in Township 5
South, Range 11 West , San Bernardino Base and
JOC : cs
1 .
Meridian, in the County of Orange, State of
California; excepting therefrom the north 183
feet of the west 164 feet thereof.
2 . The public interest and necessity require the acquisition,
construction and installation of__sewer and water facilities along
Dunbar Street 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 . It is necessary that the taking of said property or interest
in said real property be an easement interest, and acquisition of
the property in easement interest 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, an easement
interest in and to the above described real property or interest in
real property by condemnation under the laws of the State of Califor-
nia 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
Huntington Beach at an adjourned regular meeting thereof held on
the 14th day of March, 1977.
ATTEST:
Alicia M. Wentworth Mayor
Cit Clerk
B r�
Deputy City Clerk
REVIEWED AND APPROVED: APPROVED AS TO FORM:
C' y Administrator City Attor
2.
INITIATED AND APPROVED
AS TO CONTENT :
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NO FISCAL IMP CT
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REQUIRES FINANCIAL IMPACT REDORT— ,,..
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EXHIBIT A
Res. No. 4428
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) es:
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, Coen, Gibbs, Shenkman, Siebert, Wieder
NOES: Councilmen:ncil en:
None
ABSENT: Councilmen:
Pattinson
Alicia M. Wentworth
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
By
Deputy