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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
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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
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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
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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
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221
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*`PR/V4TE STREET
MARCH 1975 TRACT NQ 172 M.M. /2-22 NOTE-ASSESSOP S BLOCK a ASSESSOR'S MAP
TRACT NO. 1/560 MM 536-/,2,3 PARCEL ;:UMBERS BOOK159 PAGE 14
fHO'NN IN CIRCLES COUNTY OF ORANGE
Res. 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.