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RESOLUTION NO. 5562
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
I
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 150 feet of the
east 100 feet of the west 300 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. 111-101-29
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.
(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.
a
Mayor
ATTEST: APPROVED AS TO FORM:
i
City Clerk City Attorney
2.
REVIEWED AND APPROVED: INI D D APPROV
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City Administrat r ief, ist tive
ser ,ices
is/ahb; 8/15/85
0743L/3671
3.
VERIFICATION
STATE OF CALIFORNIA,COUNTY OF ORANGE
1, the undersigned, say:
I have read the foregoing—.
and know its contents.
®CHECK APPLICABLE PARAGRAPH
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
stated on information and belief, and as to those matters I believe them to be true.
ot am 0 an officer 0 a partner_______._.`--0 a of . 'the C i t y of
_H Li ntJ1aZtg_rL3_e c_h _ �� co>i.I)oration of the state of California
a party to this action. and am authorized to make this verification for and on its behalf, and 1 make this verification
for that reason. 1 am informed and believe and on that ground allege that the matters stated in it are true.
j I am one of the attorneys _—
(,J 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. t 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 14
(Signature)
PROOF OF SERVICE BY MAIL
STATE OF CALIFORNIA, COUNTY OF ORANGE
I 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 tre t . P . 0 Box 190 , Huntington Beach, CA q2648
On JULY , 19L I served the foregoing document described as NnTT '-E nF11
EMINENT DOMAIN PR0C EDTNrS
on PARTY LISTED ON TAX ASSFSS0R RnT.T,
in this action by placin a true copy thereof enclos d in a sealed envelope with postage thereon fully prepaid in the United
States mail at: Huntington Beach, CA
addressed as follows:
Estate of Christian Biery
c/o. Alan H. Biery
2435 Carroll Lane
Escondido, California 92025
Executed on. July 30, 1y85at Huntington Beach, , California.
(check applicable paragraph below)
® (Slate) I declare under penalty of perjury thut the above is true and correct.
a (kedertl) i declare that I am employed in the ollice of a member of the bar of this court at whose direction-the service was
made
STUARrS E%BROOK 71MESAVER(REVISED].77) (.Signature)
(Mov be u"d n CNrtomm State a Fedw&l Courts)
POR. S W 1/4, NW. 114, SEC. 35, T 5S, R. 11 W i tI - 10
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MARCH 1951 NOYE •- ASSESSORS BLOCK 9 ASSESSOR'S MAP
PARCEL NUMBERS BOOK III PAGE 10
SHOWN IN CIRCLES COUNTY Of ORANGE
Res. No. 5562
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 voter
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