HomeMy WebLinkAboutCity Council - 6211 RESOLUTION NO. 6211
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH FINDING PUBLIC INTEREST AND NECESSITY
TO ACQUIRE REAL PROPERTY ALONG ELLIS AVENUE IN THE
CITY OF HUNTINGTON BEACH FOR STREET WIDENING PURPOSES,
AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY
BY EMINENT DOMAIN
(A.P.N. 159-393-02, 03, 04, 07, 09, 10)
WHEREAS, the City of Huntington Beach is proposing a project
to widen Ellis 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 :
1 . LOT 1 OF FAIRVIEW ADDITION TO HUNTINGTON BEACH, AS
SHOWN ON A MAP RECORDED IN BOOK 7, PAGE 48 OF
MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY.
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EXCEPT THEREFROM, ALL MINERALS, GEOTHERMAL RIGHTS, OIL,
GAS, CARBONS AND HYDROCARBONS IN AND UNDER SAID LAND
LYING BELOW A DEPTH OF 300 FEET FROM THE SURFACE
THEREOF, BUT WITHOUT THE RIGHT OF SURFACE ENTRY
THERETO, AS GRANTED TO TIDAL WAVE OIL COMPANY IN A
DOCUMENT RECORDED FEBRUARY 13, 1986 AS INSTRUMENT NO.
86-061051 OF OFFICIAL RECORDS.
2 . LOT 2 OF FAIRVIEW ADDITION TO HUNTINGTON BEACH, AS
SHOWN ON A MAP RECORDED IN BOOK 7, PAGE 48 of
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA.
3 . LOTS 3 AND 4 IN THE FAIRVIEW ADDITION TO HUNTINGTON
BEACH, AS SHOWN ON A MAP RECORDED IN BOOK 7, PAGE 48 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA.
4 . LOT 7 OF FAIRVIEW ADDITION TO HUNTINGTON BEACH, AS PER
MAP RECORDED IN BOOK 7, PAGE 48 OF MISCELLANEOUS MAPS
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM ALL MINERALS, GEOTHERMAL RIGHTS,
OIL, GAS, CARBONS AND HYDROCARBONS IN AND UNDER SAID
LANDS LYING BELOW A DEPTH OF 300 FEET FROM THE SURFACE
THEREOF, BUT WITHOUT RIGHT OF SURFACE ENTRY TO, AS
GRANTED TO TIDAL WAVE OIL COMPANY IN A DEED RECORDED
FEBRUARY 13 , 1986 AS INSTRUMENT NO. 86-61051 OF
OFFICIAL RECORDS.
5 . LOT 9 OF FAIRVIEW ADDITION TO HUNTINGTON BEACH, AS
SHOWN ON A MAP RECORDED IN BOOK 7, PAGE 48 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA.
6 . LOT 10 OF FAIRVIEW ADDITION TO HUNTINGTON BEACH, AS PER
MAP RECORDED IN BOOK 7, PAGE 48 OF MISCELLANEOUS MAPS
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM, ALL MINERALS, GEOTHERMAL RIGHTS,
OIL, GAS, CARBONS AND HYDROCARBONS IN AND UNDER SAID
LANDS LYING BELOW A DEPTH OF 300 FEET FROM THE SURFACE
THEREOF, BUT WITHOUT RIGHT OF SURFACE ENTRY, AS GRANTED
TO TIDAL WAVE OIL COMPANY BY DEED RECORDED FEBRUARY 13,
1986 AS INSTRUMENT NO. 86-061051 OF OFFICIAL RECORDS.
4 . A hearing on the matters set forth in Code of Civil
Procedure § 1240.030 was duly held by the City Council on
September 17, 1990, and as a result thereof the Council finds as
follows :
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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 fee simple absolute, and
acquisition of fee simple absolute 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 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
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6211
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 17th day of September 1990 .
Mayor
ATTEST: APPROVED AS TO FORM:
I ZLZZ:L -
City Clerk ` City Attorney
REVIEWED AND APPROVED: I I- _ D A D OVU:
i
City Administrator C o ni rative -1
Services
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6211
1, SEC. 34, T.' 5 5, R. H W.
Exhibit "A" 1 59 39
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NOTE - ASSESSOR'S BLOCK & ASSESSOR'S MAP
PARCEL NUMBERS BOOK 159 PAGE 39
SHOWN IN CIRCLES COUNTY OF ORANGE
6211
s
Res,. No, 6211
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 17th day
of September 19 go by the following vote:
AYES:: Councilmembers:
ManAllister, W' the 1, Green, Mays, Silva, Erskine
NOES: Councilmembers:
None
ABSENT: Councilmembers:
Bannister
City er an ex-officiofUlerk
of the City Council of the City
of Huntington Beac.h, California