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HomeMy WebLinkAboutCity Council - 5561 RESOLUTION NO. 5561 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 IN THE CITY OF HUNTINGTON BEACH FOR PUBLIC PURPOSES, AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN FOR EXPANSION OF A PUBLIC PARK WHEREAS, the City of Huntington Beach is proposing a public improvement, namely, expansion of a public park; and Acquisition of the real property referred to hereinbelow is necessary for implementing this public project; and California Code of Civil Procedure section 1245.220 et seq. and Government Code section 37350. 5 authorize the city to acquire by eminent domain any property necessary to carry out any of its powers or functions, 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 nec- essary for said proposed public improvement, and such real property is more particularly described as follows: The north 25 feet of the south 275 feet of the east 100 feet of the west 200 feet of the north half of the southwest quarter of the southwest quarter of the northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a map recorded in Book 51, page 13 of Miscellaneous Maps, records of Orange County, California. Assessor ' s Parcel No. 111-101-20 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 r 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. (d) That the offer required by Government Code sec- tion 7267.2 has been made to the owner or owners of record, or such offer has not been made because the owner cannot be lo- cated with reasonable diligence. 3 . It is necessary that the taking of said property or interest in said real property be in fee simple, and acquisi- tion 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 com- mence 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 3rd day of September 1985. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney 2. REVIEWED AND APPROVED: INIT D PROV City Admi istra or i f, A 1's�tk,6tive Serv , ces is/ahb; 8/15/85 0744L/3671 I� 3. Wes *x (o � VERIFICATION STATE OF CALIFORNIA.COUNTY OF ORANGE 1, the undersigned, say: I have read the foregoing, and know its contents. ®CHECK APPLICABLE PARAGRAPH j� I am a party to this action. The matters stated in it are true of my own knowledge except as to those matters which are 0 stated on information and belief, and as to those matters I believe them to be true. © I am D an officer 0 a partner----_ _--_—_0 a of The City of Hunt Inatgn BeaaQh;.-a_ MU1�oi�a1 corporation of the state of California a party to this action, and am authorized to make this verification for and on its behalf, and I make this verification for that reason. I am informed and believe and on that ground allege that the matters stated in it are true. aI am one of the attorneys lor_4________`._� a party to this action. Such party is absent from the county of aforesaid where such attorneys have their offices,and I make this verification for and on behalf of that party for that reason. I-am informed and believe and on that ground allege that the matters stated in it are true. Executed on , 19— at Huntington Beach, California. I declare under penalty of perjury that the foregoing is true and correct. (Signature) ACKNOWLEDGMENT OF RECEIPT OF DOCUMENT (other than summons and complaint) Received copy of document described as._____ —� on 19_ (Signature) PROOF OF SERVICE BY MAIL STATE OF CALIFORNIA, COUNTY OF ORANGE 1 am employed in the county of _ Orange _ State of California. I am over the age of 18 and not a party to the within action; my business address is: 2000 Main Street - P. 0 Box 1400 Huntington Reach, CA 92648 On JULY �0, 19-8a, I served the foregoing document described as NOTTC,F nF EMTNFN'TI T)n ATN PROCEEDTNGS on PARTY T TS'TIFT) ON TAX ASSESS B 1aLL in this action by (actin a true copy t ereof enclosed in a sealed envelope with postage thereon fully prepaid in the United States mail at: 'Huntington each, CA addressed as follows: Magaret E. Westover, et al �® 5604 E . Washington Ave . Orange, California 92666 Executed on. JULY 30 .1 198-5 at Huntington Beach, California. (check applicable paragraph below) ® (Stale) I declare under penalty of perjury thut the above is true and correct. (Federal) I declare that I am employed in the office of a member of the bar of this court at who• direction the service was made STUART-S EXBROOK IIMESAVER(REVISED 3.77). (Signature) - (May be u"d m CaMerma Slaa w Federal Co M) POR. S W. //4, N.W. //4, SEC. 35, T 5 S., R. //W. 07 _�-- LDE A100 1 O' rn 50 V a �Klss 17 jTM l 0Q 7C�� � ,.: �"' _ _ _ - so 60 �i = is .33 17- 07 H MARCH /93/ NOTC - ASSESSOR'S BLOCK B ASSESSOR'S MAP (� PARCEL NUMBERS BOOK I I I PAGE 10 "' SHOWN /N CIRCLES CO'VV Y OF ORANGE � Res. No. 5561 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 3rd day of September 19 85 by the following vote: AYES Councilmen: Kelly, MacAllister, Mandic, Bailey, Finley, Green NOES: Councilmen: None ABSENT: Councilmen: Thomas City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California