HomeMy WebLinkAboutCity Council - 4921 RESOLUTION N0 . 4921
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 AT THE NORTHEAST COR-
NER OF HEIL AVENUE AND SILVER LANE 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 pub-
lic improvement, namely, the improvement of the corner of Heil
Avenue and Silver Lane 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 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, de-
scribed herein and graphically depicted on Exhibit A, is nec-
essary for said proposed public improvement . The specific de-
scription of the property is:
The southerly 25 .00 feet of the westerly
65.20 feet of Lot 1, Tract No. 522 in the
city of Huntington Beach, County of Orange,
State of California, as per map recorded in
Book 19, page 49 , Miscellaneous Maps in the
office of the County Recorder of said county.
Together with that portion of said Lot 1,
lying southwesterly of a curve concave to the
northeast, having a radius of 32. 00 feet being
tangent on the west to the west line of said
Lot 1 and being tangent on the south to the
north line of the south 25 .00 feet of said Lot 1 .
/ahb
7/29/80 1 .
5 votes
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 pub-
lic 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 in-
terest 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
California.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 6th
day of October , 1980.
ATTEST:
Mayor
City Clerk
2.
REVIEWED AND APPROVED: APPROVED AS TO FORM:
City Adminis ator ty Attorney
INITIATED AND APPROVED:
Di ector of Public Works
Ir
3.
PD! AVENUE JO RIONT Of' W,4Y
(NORTH EA57- COINER OF HEI L AVF AIJD SILVER Ud.)
5/L VER LAAT TRACT A/0 522
GO LOT LOT 2
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l
30' 30 '
4= 90.08 00„
R=32 '
L=50.34'
T=32:07
A 220.95 54. FT
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o HD L AVEIV UE a
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REFERENCE TO STREET AND OTHER PARCELS. WHILE THIS PLAT IS
SELJc�r_u 1J Et CURRECT, THE COM4,Af4Y A5SU&IES PdJ LIA13ILITY
FOR ANY LOSS OCCURRING 13Y REASON OF RELIANCE THEREON.
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AVENUE -
HEIL
17 WINE
Q2& O - ASSESSORS BLOCK B ASSESSOR'S MAP
PARCEL NUMBERS BOOK 142 PAGE 10 CD
MARCH /962 TRACT NO. 5z2 M. M. /9-49 17 SHOWN /N CIRCLES COUNTY OF ORANGE
PARCEL MAP P M 44-45, 48-4B
Res. No.
4921
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as:
CITY OF HUNTTINGTON 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 6th day
of October , 19 80 by the following vote:
AYES: Councilmen:
Pattinson, Finley, Bailey, MacAllister, Mandic, Kelly
NOES: Councilmen:
None
ABSENT: Councilmen:
None
ABSTAIN: Thomas
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California