HomeMy WebLinkAboutCity Council - 6132 RESOLUTION NO. 6132
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH FINDING PUBLIC INTEREST AND NECESSITY
TO ACQUIRE REAL PROPERTY ALONG EDINGER 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 Portion of A.P. No. 142-081-02, 03)
WHEREAS, the City of Huntington Beach is proposing a project
to widen the intersection of Edinger Avenue and Beach Boulevard;
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 to
be acquired are described and graphically depicted in Exhibit
"A" attached hereto and incorporated herein by this reference.
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 S 1245.235 .
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4 . A hearing on the matters set forth in Code of Civil
Procedure S 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.
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,
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6132
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 by the City Council of the City of Huntington
Beach at a regular meeting thereof held on the 16th
day of April , 1990 .
Mayo r Pro Tempore
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney 74--t
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REVIEWED AND APPROVED: NITIATED A APPROVED:
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City 'Administrator Direct r of Public Works
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6132
Exhibit "A"
Legal Description for City of Huntington Beach
Easement for Edinger Avenue
EXHIBIT A
Being those portions of Lots 14 and 15 of Tract No. 417, in the City of
Huntington Beach, County of Orange, State of California, as shown by
map recorded in Book 16, Page 47 of Miscellaneous Maps, records of said
County, described as follows:
Commencing at the Northeast corner of said Lot.14; thence South 0° 35'
06" East, 27.00 feet along the Easterly line of said lot to the True Point
of Beginning; thence South 89' 24' 54" West, parallel with the Northerly
line of said lot, 46.08 feet to the beginning of a curve, concave Northerly
and having a radius of 130.32 feet; thence Westerly 30.27 feet along said
curve, through a central angle of 13' 18' 32 to the beginning of a
reverse curve, concave Southerly and having a radius of 130.32 feet;
thence Westerly 24.19 feet along said curve through a central angle of 100
38' 01" to the Westerly line of said Lot 15; thence North 00 35' 06" West,
0.14 feet along said line to a line parallel with and 50.00 feet Southerly of
the North line of Section 23, Township 5 South, Range 11 West, San
Bernardino Meridian; thence North 89' 24' 54" East, along said line, 100.00
feet to said Easterly line of Lot 14; thence South 0° 35' 06" East, 7.00
feet along said line to the True Point of Beginning.
See Exhibit B attached hereto d an by this reference made a part hereof.
Subject to covenants, conditions, reservations, restrictions, rights,
rights-of-way and easements, if any, of record.
John W Pfeifer, S.- 5329
4/28/89
Rev. 5/10/89F%c• \
J N 52387 �,`� O� F. p
NO.
5329
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Res. No. 6132
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 16th day
Of April 1990 by the following vote:
AYES: Councilmembers:
MacAllister, Winchell , Green, Bannister, Silva, Erskine
NOES: Councilmembers:
None
ABSENT: Councilmembers:
Mays
i y Clerk and ex-off1cX0 Clerk
of the City Council of the City
of Huntington Beach, California