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HomeMy WebLinkAboutRedevelopment Agency - 178 RESOLUTION NO. 178 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE ACQUISITION OF CERTAIN REAL PROPERTY IN THE TALBERT-BEACH PROJECT AREA IN THE CITY OF HUNTINGTON BEACH FOR REDEVELOPMENT PURPOSES, AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN WHEREAS, the Redevelopment Agency of the City of Huntington Beach is proposing a redevelopment project for the Talbert-Beach area; and Acquisition of the real property referred to hereinbelow is necessary for implementing this public project; and California Health and Safety Code § 33391 authorizes the Agency to acquire by eminent domain any property necessary to carry out any redevelopment purpose, and redevelopment is an essential Agency function, NOW, THEREFORE, the Redevelopment Agency of the City of Huntington Beach finds, determines and resolves as follows : 1 . The public interest and necessity require that the Redevelopment Agency of the City of Huntington Beach acquire the real property described herein for public use for redevelopment purposes pursuant to the authorization of Health and Safety Codes § 33391 . 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 : Lot 20 in Block C of Tract No. 172, in the City of Huntington Beach, County_ of Orange, State of California, as shown on a map thereof recorded in Book 12, Pages 21 and 22 of Micellaneous Maps, in the office of the County Recorder of Orange County (APN 159-141-49) . 3 . All persons with an ownership interest in the property and whose name and address appear in the last equalized county assessment role 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 S 1240 . 030 was duly held by the Redevelopment Agency on July 5th, 1989 5 . The public interest and necessity require the proposed project . 6 . The proposed project is planned and located in the manner that will be the most compatible with the greatest public good and the least private injury. 7 . The property described herein is necessary for the proposed project . 8 . 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 lease private injury. 9 . The Chief Executive Officer of the Redevelopment Agency, or his designee, and the Legal Counsel and hereby authorized, directed and empowered to acquire in the name of the Redevelopment Agency of the City of Huntington Beach 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 2 - 178 T 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 the property for the uses and purposes described herein. 10 . The real property of interest in real property which is authorized for condemnation by this resolution is situated in the redevelopment project area of the City of Huntington Beach, County of Orange, State of California . 11. The agency is required by provision of Govt . Code 7257 .2 to offer just compensation to the owner or owners of record of the property for the interest of such owner to be taken. Such offer has been made to one of the owners of record. A search has been undertaken with reasonable diligence for the whereabouts of a second record owner . This search resulted in failure to locate such person. Therefore, no offer has been made to the missing person. The agency finds that there has been full and complete compliance with C.C.P. § 1245 . 230 . 3 - 178 PASSED AND ADOPTED by the Redevelopment Agency of the City of Huntington Beach at an adjourned regular meeting thereof held on the 5th day of July 1989 . Chairman ATTEST: e • 4e Agency Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: Agency Clerk Agency Attorney Special Legal Counsel REVIEWED AND APPROVED: MATED AND APPROVED: City Administrator Dep#Jy City Administrator Director Community Development 4 - 178 Res. No. 178 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF HUNTINGTON BEACH) I, CONNIE BROCKWAY, Clerk of the Redevelopment Agency of the 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/me��ing of said Redevelopment Agency held on the 5th day of July 19 89 , and that it was so adopted by the following vote: AYES: Members: Macallister, Green, Winchell, Mays, Silva NOES: Members: None ABSENT: Members: Bannister OUT OF ROOM: Erskine _-ss Clerk o t e RedevelopmOt Agency of the City of Huntington Beach, Ca.