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HomeMy WebLinkAboutRedevelopment Agency - 221 d RESOLUTION NO. 221 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 (APN 151-141-37) 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 the elimination of blight and redevelopment is an essential Agency function, NOW, THEREFORE, the Redevelopment Agency of the City of Huntington Beach finds, determines and resolves as follows : l . . The public use for which the property described herein is to be taken is the elimination of blight and for redevelopment purposes, as authorized by California Health & Safety Code § 33391 . 2 . The real property described herein and graphj.cally depicted in Exhibit "A" attached hereto and incorporated herein by reference, is more particularly described as follows : Lot 47 of Block B of Tract No . 172, in the City of Huntington Beach, County of Orange, State of California, as shown on a map -1- recorded in Book 12, Pages 21 and 22 of Miscellaneous Maps, Records of Orange County, California (APN 159-141-37) . 3 . A hearing on the matters set . forth in Code of Civil Procedure S 1240 . 030 was duly held by the Redevelopment Agency on December .16 , 19 91 and as a result thereof the Agency finds as follows : a . The public interest and necessity require the project . The project served by acquisition of the subject property is the elimination of blight in the area where the lot to be condemned is located and on the lot itself . The lot may not be used for any purpose unless it is merged with an adjacent lot or lots because it is sub-standard in• size for any allowed use in the zone where located, and because it lacks access to any public or private street . b. 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. The vacant adjacent, contiguous and surrounding lots, with only minor exception, have been combined with one another. The lot to be taken will serve to substantially complete the- project . There are no private interests which will be detrimentally served by this acquisition. C. The property described herein is necessary for the project since it lays at the epicenter of any conceivable proposed use of the assembled parcel . 4 . 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 -2- 221 most compatible with the greatest public good and the least private injury. 5 . The Chief. Executive Officer of the Redevelopment Agency, or his designee, and the Legal Counsel are 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 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, but not limited to, applying for an order determining the- amount of probable compensation for the taking authorized herein, and for an order of prejudgment possession of the property. 6 . The real property which is authorized for condemnation by this resolution is situated in the Talbert/Beach Redevelopment Project Area of the City of Huntington Beach, County of Orange, State of California, as disclosed by a document recorded as Instrument No . 82-350907 of Official Records of Orange County, California . 7 . The Agency is required by California Government Code 7267 . 2 to offer just compensation to the owner or owners of record of the property for the interest of such owner to be taken. A search for the owners of record has disclosed that each owner of record is deceased. A search has -been undertaken -3- 221 with reasonable diligence for the whereabouts of the heirs of said deceased owners of record. This search has resulted in failure to locate any such persons . Therefore, no offer pursuant to California Government Code S 7267 .2 has been made, because the owners or their heirs cannot be located with reasonable diligence. PASSED AND ADOPTED by the Redevelopment Agency of the City of Huntington Beach at an adjourned regular meeting thereof held on the 16th day of December , 19 91 Chairman ATTEST: APPROVED AS TO FORM: e Agency Clerk 6 Agency Attorney P,-Q (2.-5-91 REVIEWED AND APPROVED: INITIAT PPROVED: Executive Director i ect O f E mic levoelopment i -4- 221 1 e� 165—I8 m t N e ' M n N 4 TALRERT o AVENUE °o, 536- BLK.E .a I I (7�p BLK.A BCKC T BLK0 �J yea.se' ---16---� /-4Q 2 j -r• 7- -- t- -+ --'-r-is-- I 1 47 48 01 s +6 2 - 16, TRACT,B TRACT / 2 r e� 9 'O �'/ - -;lz- 8- -/9- -+/0 --lil_ -,/2.- --13,- - - J /7 B 44 /J 46 4 6 /6 '/7 I/8 _ '/5- '/6 I I I 1 _- _.I. f - f - _ I/- _I/B _ _I/9_ .1 70_ Icr ' I I 49 1 I 1 I^ �^ I M 4 N 120 I Z3 24 /9 20 2 173 124 _ 122 123 a<4 I�3 26 f27 t - / =/00 5 '23 - 1P6_ �� 1` .g1J0_B 2SO 2F 7 �I ltJ 2B 17.9 -_ i SO__ _129 _ -- 130_ LS/ _ 132_ �J.7 __�34_" 6 3 13/ I Wit\ 35 _ _l76_ 3/ _ _ J} = 34 :35 �6 t36 _-_�3T_ 38 ._i39 _ _i40 ,41 7 77 Z PRO✓ECT 933-87 4/ 42 37 38 J _ _ - _ _ - - - - 6 -4 ao _.141 `42 i4J _ _ j44 66 ;a5 :46 '47 14q - --r- - - - Q \ 200-253 - - f I - 81 -1 _ I - 296AiF' I 7 4 44 S 46 7 I9 _I50 / WJ 4 43 LOT I55 Q) 0B LK:49 ri q oBK -5-I � _ . - - - -�9-BLI K-6C-I6Q 5/ $Lk4 I57 I8 - - 1 62 s 1 p � 1 1 I I I I I I55 :56 - _ ,37 1 J.76 4C. 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No. 221 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 meeting of said Redevelopment Agency held on the 16th day of December 19_2L, and that it was so adopted by the following vote: AYES: Members: Robitaille. Moulton-Patterson, Winchell, Silva, Green, MacAllister, Kellj NOES: Members: None ABSENT: Members: None. Clerk of t e Redevelopment'Agency of the City of Huntington Beach, Ca.