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RESOLUTION NO. 4757
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 SLATER 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 Slater Avenue
for public use; and
WHEREAS, acquisition of the real property referred to
hereinbelow is necessary for implementing this public project;
and
WHEREAS, Government Code Section 37350. 5 and Streets and
Highways Code Section 4090 authorize the 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, the City Council of the City of Hunting-
ton Beach finds , determines and resolves as follows :
1. That the real property or interest in real property,
described herein and graphically depicted in Exhibits A. B, C,
and D, are necessary for said proposed public improvement . The
specific description of the property is :
That portion of Section 26, Township 5 South,
Range 11 West in the city of Huntington Beach,
County of Orange , State of California, as shown
on maps recorded in Book 51, pages 11 and 13,
and Book 16, page 31 in the office of the County
Recorder of said county. The south 20 feet
of the north 25 feet of the east half of the
northeast quarter of the southwest quarter of
said Section 26.
2. The public use for which the property is to be taken,
has been found and determined:
(a) That the public interest and necessity require
the proposed project ;
(b) That the proposed project is planned and located
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1.
in a manner that will be most compatible with the greatest public
good and the least private injury, and
(c) That the property described hereinabove in this
resolution is necessary for the proposed project .
3. 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 is in the manner which will be
most compatible with the greatest public good and the least
private injury.
4 . 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.
5. 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 Cali-
fornia.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 21st
day of May, 1979.
Mayor
ATTEST: APPROVED AS TO FORM:
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Deputy City ClerkCity Attorney
.REVIEWED AND APPROVED: INITIATED AND APPROVED:
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EXHIBIT "D"
Res. No. 4757
STATE OF CALIFORNIA )
COUNTY OF ORANGE
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 21st day
of May 19 79 by the following voter
AYES: Councilmen:
attinson, Thomas, Mandic MacAllister. Bailey Yoder Finley
NOES: Councilmen:
None
ABSENT: Councilmen:
None
ALICIA M. W:ENn- ORTM
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
By:
Dep y