HomeMy WebLinkAboutCity Council - 5997 RESOLUTION NO. 5997
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH FINDING PUBLIC INTEREST AND NECESSITY
TO ACQUIRE REAL PROPERTY ALONG WARNER AVENUE AND
BEACH BOULEVARD IN THE CITY OF HUNTINGTON BEACH
FOR STREET WIDENING PURPOSES, AND AUTHORIZING THE
ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN
(A.P. No. 167-321-25)
WHEREAS, the City of Huntington Beach is proposing a project
to widen Warner Avenue; and
Acquisition of the real property referred to hereinbelow is
necessary for implementing this public project; and
California Streets and Highways Code Section 4090 et seq.
authorizes the City to acquire by condemnation any and all
property necessary or convenient for the purpose of widening
public streets,
NOW, THEREFORE, the City Council of the City of Huntington
Beach finds, determines and resolves as follows :
1. The public interest and necessity require that the City
Council of the City of Huntington Beach acquire the real property
described herein for public use for street purposes .
2 . The real properties or interests in real properties,
described herein and graphically depicted in Exhibit "A" attached
hereto and incorporated herein by reference, are more particularly
described as follows :
That portion of Lot No. 47, in Tract No. 360 in the City of
Huntington Beach, County of Orange, State of California as
shown on a map recorded in book 15, page 24 of Miscellaneous
Maps in the Office of the County Recorder of said county
described as follows :
Beginning at the southwest corner of said Lot 47; thence
northerly along the west line of said Lot 20 feet to a line
parallel with and 20. 00 feet north, measured at right angles
-1-
from the south line of said lot; thence easterly along
said parallel line 79 feet to a curve concave
southwesterly having a radius of 32 . 00 feet; thence
easterly and southeasterly along said curve through a
central angle of 67° , 58 feet 32 inches an arc distance
of 37. 96 feet to the intersection with the south line of
said Lot 47; thence westerly along said south line 108 . 66
feet to the point of beginning.
3 . All persons with an ownership interest in the property
and whose name and address appear on the last equalized county
assessment roll were duly given notice and an opportunity to be
heard pursuant to Code of Civil Procedure § 1245.235 .
4 . A hearing on the matters set forth in Code of Civil
Procedure § 1240 . 030 was duly held by the City Council on March 6,
1989 and as a result thereof the Council finds as follows :
a. The public interest and necessity require the
proposed project.
b. The proposed project is planned and located in the
manner that will be most compatible with the greatest public good
and the least private injury.
C. The property described herein is necessary for the
proposed project .
d. It is necessary that the taking of said property or
interest in said real property be an easement, and acquisition of
an easement in the property is the manner which will be most
compatible with the greatest public good and the least private
injury.
e. Pursuant to Section 7267.2 of the California
Government Code, an offer to purchase has been made to the owner
or owners of record.
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5997
5 . 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 an easement 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, to commence such proceedings as are necessary for the
acquisition of said property, and to do all things reasonably
necessary for the acquisition of the property, including applying
for an order fixing the amount of security by way of money
deposits as the court may direct and for an order permitting the
city to take possession and use of the property for the uses and
purposes described herein.
6 . 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 this 6th day of March 1989
2-�
Mayor
ATTPT: APPROVED S TO FORM:
City Clerk �T-City t ooney
REVIEWED*-�ANk�APPRd�1_ INITIATED AN ROf, ED:
City Administrator Directo of Public Works
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Res. No. 5997
STATE OF CALIFORNIA
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH
I, CONNIE BROCKWAY, 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 at least a majority of all the members of said City Council
at a regular meeting thereof held on the 6th. day
of March 19 89 by the following vote:
AYES: Councilmembers
MacAllister, Winchell , Bannister, Mays, Silva, Erskine
NOES: Councilmembers:
None
ABSENT: Councilmembers:
Green out of room)
City Werk and ex-o io er
of the.City Council of the City
of Huntington Beach, California