HomeMy WebLinkAboutCity Council - 5940 RESOLUTION NO. 5940
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 COMMONLY KNOWN AS RECREATION LOT A,
COMMODORE CIRCLE (PARCEL NO. 159-131-16 )
WHEREAS, the City of Huntington Beach is proposing to take the
real property generally located at Recreation Lot A Commodore
Circle for public use, to wit, for green belt area; and
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 of interest in real property,
described herein and graphically depicted in Exhibit "A-111 , is
necessary for said proposed public purposes . The specific
description of the property is set forth on Exhibit "A-211 ,
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 hereinabove 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.
-l- 5940
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.
3 . The City Attorney of 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.
PASSED AND ADOPTED by the City of Huntington Beach at an
adjourned regular meeting thereof held on the 7th day
of November , 1988 .
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED: IN TIATED AND APPROVED:
City Administrator INITIATED
City Administrator
Dir V or, Economic Development
-2- 5940
159-
09 /r/00'
0
�4*4,,+'E p — STREET e 's'
e.►e• ,� sa
9TRACT
TRACT
/ >< ro
1e1 K
V
a /e
� c,
<
n4o✓ccr, -e7 . /7 r1
O
e.I57AC.(c) 131 1q Q V)
5 ,ew .of u /6 (D Lr
W N e
11 p 21 Q U)
� H
6 wf 0 �w fv /3 C �+
12 i O < W
7 .f Q gee /I
!3 19 p
,ae ♦ Deis
B 14 � � v Is i
e>
9 IS 7O •ce 17 /I
NO. 8/92v F r 16 0. 4026�
to /
9 HUNT/NoTON STREET S
31
_/975
rRAcr No 4026 M.M. /42-25,26 NOTE•ASSESSORS BLOCK t ASSESSOR'S MAP
TRACT NO. 8192 A(.A( 342-32,33,34 PARCEL NUMBERS BOOK 159 PAGE 13
SHOWN IN CIRCLES COUNTY Of ORANGE
PARCEL NO: 159-131-16
LEGAL DESCRIPTION
LOT A OF TRACT NO. 4026, IN THE CITY OF HUNTINGTON BEACH, AS PER MAP RECORDED
IN BOOK 142, PAGES 25 AND 26 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY.
EXHIBIT "A-2"
5940
Res. No. 5940
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly appointed, 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 at least a majority of all the members of said City Council
at a regular meeting thereof held on the 7th day
of November 19 88 , by the following vote:
AYES: Councilmembers:
Kelly, Green, Finley, Erskine, Mays, Winchell , Bannister
NOES: Councilmembers:
None
ABSENT: Councilmembers:
None
4A,
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
5940