HomeMy WebLinkAboutCity Council - 5370 RESOLUTION N0. 5370
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 NORTH OF ELLIS AVENUE
BETWEEN EDWARDS AND GOLDENWEST STREETS IN THE
CITY OF HUNTINGTON BEACH FOR 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 improvement of real property located
between Edwards and Goldenwest Streets, for public use ; and
WHEREAS, acquisition of the real property referred to
hereinbelow is necessary for implementing this public project ; and
WHEREAS, Government Code Sections 37350. 5 and 38010, and Public
Resources Code Section 5301 authorize the city to acquire by eminent
domain any property necessary to carry out any of its powers or
functions, and providing that it may acquire land for a public park
by condemnation.
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 park purposes . The specific
description of the property is :
A
Lot 56 of Tract No . 8, as per map thereof recorded in Book 9,
page 7 of Miscellaneous Maps records of Orange County, California.
Lot 55 of Tract 8, as per map recorded in Book 9 at page 7 of
Miscellaneous Maps, records of Orange County, California.
Lot 11 of Tract No . 45, as shown on a map recorded in Book 9,
page 34, Miscellaneous Maps, records of Orange County, California.
5 votes required
AJF :bb 1 .
2/23/84
r
Lot 47 of Tract No. 8, as per map thereof recorded in Book 9,
page 7 of Miscellaneous Maps.
Lot 18 of Tract No . 45, as shown on a map recorded in Book 9,
page 34, Miscellaneous Maps, records of Orange County, California.
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, and
(d) Pursuant to Section 7267. 2 of the Government Code an
offer has been made to the owner or owners of record.
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 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.
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 April 1984.
xqaa
ATTEST : APPROVED AS TO FORM:
City Clerk City Attorney (�
REVIEW AND APPROVED: INITIATED AND APPROVED:
City Administrator Acting Director, Community Services
i
I
3•
;may L
s
A
��fl $ �
M
�YM1 y Cr tf F
Y
LOTS St-Arf'0 FOR CONDEMNATION
CALE
Res. No. 5370
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) se:
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 April 19 84 , by the following vote:
AYES: Councilmen:
Pattinson, MacAllister, Kelly, Finley, Bailey, Mandic
NOES: Councilmen:
None
NOT VOTING:Thomas
ABSENT: Councilmen:
None
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California