HomeMy WebLinkAboutCity Council - 6133 RESOLUTION NO. 6133
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. 142-071-61, 96)
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 § 1245 .235 .
-3-
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.
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,
-2-
6133
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 .
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney p,.t_
REVIEWED AND APPROVED: INITIATE AND APPROVED:
City Administrator Dir ctor of Public Works
4- o-
-3-
6133
Exhibit
City of Huntington Beach
Easement for Beach Boulevard and Edinger Avenue
EXHIBIT A
The Easterly 9.00 feet and the Southeasterly 6.00 feet of that certain real
property in the City of Huntington Beach, County of Orange, State of
California, described in or as Parcel A in the deed to Macerieh California
Associates, L. P. , per document recorded May 20, 1987, as Instrument No.
87-284339 of Official Records, records of said County.
Except therefrom the Southerly 8.00 feet of said Southeasterly 6.00 feet.
See Exhibit B attached hereto and by this reference made a part hereof.
� �) (/d..
John W Pfeifer, .S. 5329
` 11/4/88 '
J.N. 52388
AND SU
W PFNO
£���F`�
5329 o�
UP 12 3t 91
\Q.
OFC
1\
t
6133
Beginning at the Southeast corner of Section 14, Township 5 South, Range 11 West,
as shown on a map recorded in Book 51 Page 13, Miscellaneous Maps, Records of
Grange County; thence South 890 24' 54" East 75.00 feet along the South line of
said Section 14 to a point; thence North 00 45' 39" West 50.00 feet to a point;
thence North 410 29' 32" East 10.78 feet to the true point of beginning; thence
North 410 29' 32" East 42.80 feet to the West line of Beach Boulevard as it now
exists; thence North 00 45' 39" West 260.00 feet along said West line to a point;
thence North 340 10' 02" West 16.85 feet to a point on a line, said line being
parallel with and 9.00 feet West of measured at right angles from said West line;
thence South 00 45' 39" East 274.63 feet along said parallel line to a point;
thence South 410 29' 32" West 41.44 feet to a point; said point being on the North
line of Edinger Avenue as it now exists; thence North 890 24' 54" East 8.08 feet
along said North line to the true point of beginning.
i
K
k
h
fi
F
K
M
6133
l
EXHIBIT B"
•o
ate,
/�/�/GATES ,PEG'O�Po m
o..P 87-Z"339
� 0 �
� a
P N �
1 � �
w
.00
m
9.00'
O�
V Y�
try 3 Q
S E L Y L!A/E W
J
o h
I
5'1-r L/NE O.R. 87-28¢339 36 OO'
O� O
� h �
/4 /3
EDINGER AVENUE Z3 24
I
v /2 22 B9�
SCALE: DATE:
WILLDA"SSOCIATES 1"= 40' 9/21/ 88
e srs-PLA SKETCH OF RIGHT-OF--WAY
290 S.MW18M KVO SURF 400 DRAWN BYl FIELD BK.
A►+ SM CA 92M G. 0. EASEMENT
p144774W4D (213) $631 CHECKED BY. JOB NQ.:
G. D. E. 52388
ANA NQ. 110 DATE 3-62 6133
Res. No. 6133
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 1190 by the following vote:
AYES: Councilmembers:
MacAllister. Wi n h 1 1 . Grg Qn, anni G r, Silva,y_a, Erskine
NOES: Councilmembers:
None
ABSENT: Councilmembers:
Mays
i y Clerk and ex-off1citYClerk
of the City Council of the City
of Huntington Beach, California