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
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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