HomeMy WebLinkAboutCity Council - 4879 RESOLUTION NO. 4879
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 WARNER AVENUE
AND LYNN STREET 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 improvement of the corner of Warner
Avenue and Lynn Street , for public use ; and
WHEREAS , acquisition of the real property referred to here-
inbelow 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 Huntington
Beach finds , determines and resolves as follows:
1. That the real property or interest in real property,
described herein and graphically depicted in Exhibit "A" , is
necessary for said proposed public improvement. The specific
description of the property is:
The west 1/2 of the northwest 1/4 of the north-
west 1/4 of the north 1/2 of Lot 1 , Block 19 of
Tract No. 86 , as per map recorded in Book 10 ,
pages 35 and 36 of Miscellaneous Maps in the
office of the County Recorder of said County.
Excepting and reserving to the United States of
America, all uranium, thorium and all other
materials determined to be peculiarly essential
to the production of fissionable material , con-
tained in whatever concentration in deposits in
said land, are reserved for the use of the
1.
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5/22/80
United States , together with the right of the
United States through its authorized agents
or representatives at any time to enter upon
said land and prospect for , mine , and remove
the same , making just compensation for any
damage or injury occasioned thereby, however,
such land may be used , and any rights otherwise
acquired by this disposition may be exercised ,
as if no reservation of such materials had been
made , as reserved by the United States of America
in deed recorded September 1 , 1949 , in Book
1896 , pages 458 to 460 inclusive , Official
Records.
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
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
I
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.
2.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 16th
day of June 1980.
v� ed
r
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVE
CT Administrator Director of Public Works
3•
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Res. No. 4879
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 16th day
of June 19 80 by the following voter
AYES: Councilmen:
Pattinson, Finley. RailPy, Mandic, KP11g
NOES: Councilmen:
Thomas
ABSENT: Councilmen:
MacAllister
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California