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HomeMy WebLinkAboutCity Council - 4449 RESOLUTION NO. 4449 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A CERTAIN PORTION OF REAL PROPERTY ADJACENT TO HUNTINGTON STREET AND A CERTAIN PORTION OF REAL PROPERTY ADJACENT TO DELAWARE STREET BETWEEN YORKTOWN AVENUE AND UTICA AVENUE IN THE CITY OF HUNTINGTON BEACH FOR PUBLIC PARK PURPOSES, AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN WHEREAS, the City of Huntington Beach is proposing a public improvement , namely, the development of a public park 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 parks 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: Block 2303 of the Eastside Villa Tract , city of Huntington Beach, county of Orange , state of California, as shown on a map recorded in Book 4 , page 65 of Miscellaneous Maps in the Office of the County Recorder of said county. EXCEPTING THEREFROM the north 62 .00 feet and the south 33. 00 feet . The north 165 feet of Block 2204 of the Eastside Villa Tract , city of Huntington Beach, county of JOC".er 1. Orange, state of California, as shown on a map recorded in Book 4, page 65 of Miscellaneous Maps in the Office of the County Recorder of said county . 2. The public interest and necessity require the ac- quisition, construction and public improvement for development of a park 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 good and the least private injury. 4. The real property described hereinabove in this resolu- tion 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 Huntington Beach at a regular meeting thereof held on the 18th day of April, 1977• ATTEST : Mayor City Clerk REVI WED AND APPROVED: A AS TO FO ty Administrator `-`` :f FISCAL e. INIT F �ED AND APPR- TO CONTENT. RSCAL it,' — RFmi 11PPq FINANCIAL 01' tPACT RE00RT I PLAT NO k TOW N AVMN z �� o AIIEY -C1 \31 m -1 tit N t 1 1 � 1 w r.- 330' ---e2 f I\ Res. No. 4449 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: 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 meeting thereof held on the 18th day of April , 19 77 by the following vote: AYES: Councilmen: Bartlett, Wieder, Coen, Siebert, Shenkman, Pattinson NOES: Councilmen: None ABSENT: Councilmen: Gibbs City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California