HomeMy WebLinkAboutCity Council - 5863 RESOLUTION NO. 5863
A RESOLUTION OF THE CITY OF HUNTINGTON BEACH
DECLARING THAT THE PUBLIC INTEREST AND NECESSITY
REQUIRE ACQUISITION OF CERTAIN REAL PROPERTY IN THE
CITY OF HUNTINGTON BEACH FOR PUBLIC PURPOSES, AND
AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY
EMINENT DOMAIN
WHEREAS, the City of Huntington Beach is proposing to take
the real property generally located at Olive Avenue and Third Street
for public use, to wit, for the construction of parking facilities;
and
WHEREAS, Government Code Sections 37350 .5 and 38010
authorize the City to acquire by eminent domain any property
necessary to carry out any of its powers or functions;
NOW, THEREFORE, 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 purposes. The specific
description of the property is set forth on Exhibit "A" , attached
hereto and incorporated by reference herein.
(a) The public interest and necessity require the
proposed project;
(b) 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) The property described herinabove in this
resolution is necessary for the proposed project .
(d ) Pursuant to Section 7267 .2 of the California
Government Code, an offer has been made to the owner or owners of
record.
2 . 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.
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3 . 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 public body, a fee simple estate in
and to the above described 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.
4 . 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 and
within the Main-pier Redevelopment Project Area.
PASSED AND ADOPTED by the City of Huntington Beach at an
adjourned regular meeting thereof held on the 28th day
of March , 1988
Mayor
ATTEST: APPROVED AS TO FORM:
• •( 7 e_-
City Clerk Cit -Atto ney
REVIEWED AND APPROVED TIATED AND APPROVED:
City Administrator D puty City Administrator
Dire t r, Community Development
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PARCEL NO. 024-148-12
LEGAL DESCRIPTION
LOTS 25 AND 27 IN BLOCK 203 OF HUNTINGTON BEACH, AS SHOWN ON A MAP RECORDED
IN BOOK 3, PAGES 3 TO 6 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY,
CALIFORNIA.
EXHIBIT "A"
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Res. No. 5863
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) se:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
i
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 adjourned meeting thereof held on the 28th day
of March 19 88 by the following vote:
AYES: Councilmen:
Kelly, Green, Finley, Erskine, Mays, Winchell , Bannister
NOES: Councilmen:
None
ABSENT: Councilmen:
None
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
5863