Loading...
HomeMy WebLinkAboutRedevelopment Agency - 130 r RESOLUTION 130 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH PURSUANT TO THE PROVISIONS OF CODE ' OF CIVIL PROCEDURE, SECTION 1250 .340(b) , SUPPLEMENTING AND AMENDING RESOLUTION NO. 129 OF MARCH 24, 1986 AND 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 A. The Redevelopment Agency of the City of Huntington Beach is a public agency of the State of California has been and now is engaged in the discharging its powers and duties as provided by law. B. P'il suant to the provisions of Government Code Sections 37350.5 and 38010, and of Health and Safety Code Section 33391, the Agency is vested with the power to take any property necessary to carry out the business of the Agency by condemnation, such power to be exercised pursuant to the provisions of Code of Civil Procedure, Sections 1230 .020, et seq. C. The real property and interest described in this Resolution are necessary for the public uses and purposes which are set forth below. D. The Agency desires to clarify, supplement and add to the property sought to be taken and to conform to the provisions of Section 1250. 340(b) of the Code of Civil Procedure, amends its original resolution, and includes in this description all of the lands originally described and additional lands. 1. I IN CONSIDERATION OF THE FOREGOING, Now, therefore BE IT RESOLVED by the Redevelopment Agency of the City of Huntington Beach as follows : 1 . The public use for which the real property or interests in real property described in this Resolution is to be taken is 'for the implementation and furtherance of the redevelopment plan for Huntington Beach and for all uses recited therein including, but not by way of limitation, beach related public facilities, commercial uses and other public uses . The Agency is authorized to acquire the fee simple title in the real property and all lesser interests and estates therein ( including future interests and leaseholds) for the purposes and uses set forth in this Resolution pursuant to the provisions of Government Code Sections 37350 . 5 and 38010 and related sections . 2 . The real property or interests therein is located in the County of Orange, within the City of Huntington Beach and the project area of the Redevelopment Agency. A legal description of the property or interests to be taken is attached to this Resolution marked Exhibit "A" and by this reference made a part hereof . 3 . To the extent that the property or interests described in this Resolution are already devoted to a -public use , the Redevelopment Agency hereby finds and determine that the use to which the property is to be put by this Agency is a more 2 . necessary public use, or is a compatible public use which will not unreasonably interfere with the continuance of the public use to which the property or interests is already devoted, or, if the acquisition will leave a' remnant, the Redevelopment Agency may exercise the power of Eminent Domain to acquire the remnant . These findings are made in specific compliance with the provisions of Section 1240 .410, et seq. , 1240 . 510, et seq. , and 1240. 610, et seq. , of the Code of Civil Procedure. 4 . The Redevelopment Agency specifically finds and determines as follows: a. The public interest and necessity require the acquisition of the property and property interests which are described in this Resolution. b. The proposed acquisition will be most compatible with the greatest public good and the least private injury. C. The acquisition of the property and interest therein are necessary for the proposed project. d. An offer required by Section 7267 .2 of the Government Code has been made to the owner or owners of record. e. The provisions of Code of Civil Procedure, Section 1245. 235 have been complied with and notice has been given to those persons whose names and addresses appear on the last equalized county assessment roll . 5 . Appropriate officers of the Redevelopment Agency and counsel for the Agency are hereby authorized to institute such 3 . legal proceedings as are necessary in the Superior Court of the State of California, County of Orange, to acquire the property and interests in properties described in this Resolution by judicial process . Counsel for the Agency is authorized to seek and acquire such Orders for prejudgment possession for the land and interest described in this Reolution as are deemed necessary, and to make such deposits as security for possession in the Court as the Court may require, and the Agency ' s counsel is further authorized to negotiate on behalf of the Agency for acquisition of such properties or interests in properties. 6. The Executive Director of the Agency is authorized to make such minor changes in the description of the property involved in this Resolution and in the pleadings to be filed pursuant to it as he deems necessary, upon the advice of counsel, for the conduct of the condemnation proceedings or other proceedings necessary to acquire the real property or interest in real property described in this Resolution. 7. The deposit or payment of money out of proper funds of the Agency for probable just compensation according to law, for jury fees, r.eporters' fees, other court costs and for counsel fees is hereby authorized. 8. The Agency hereby finds and determine, that the real property sought to be acquired is located entirely within the jurisdictional boundaries of the Huntington Beach Redevelopment Agency. 9 . This Resolution supersedes any other resolution for 4 . the acquisition of the property or property interests described in this Resolution which this Agency has heretofore made. APPROVED, ADOPTED and EXECUTED this 4th day of August , 1986 . Chairman ATTEST: APPROVED AS TO FORM: 01 City Clerk /a-f�. Agency Counsel REVIEWE ND APPROVED: I TIATED AND APPRO ED: Executiv Direct eputy Executive Director Redevelopment 5 . Res. No. . 130 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF HUNTINGTON BEACH) I , ALICIA M. WENTWORTH, Clerk of the Redevelopment. Agency of the 3 City of Huntington Beach, California, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Huntington Beach at a meeting of said Redevelopment Agency held on the 4th day of August 1986 and that it was so.adopted by the following vote: AYES: Members: Kelly, MacAllister., Mandic, Bailey, Green NOES: Members: None ABSENT: Members: Finley I .I NOT VOTING:: .Members: Thomas l Clerk of the Redevelopment Agency of the City of Huntington Beach, Ca.