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Home My WebLink AboutCity Council - 6348 RESOLUTION NO. 6348 A RESOLUTION OF PUBLIC NECESSITY OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, APPROVING THE ACQUISITION OF CERTAIN REAL PROPERTY WHICH IS A PORTION OF A PARCEL KNOWN AS THE BLASGEN PARCEL TO PERMIT STREET WIDENING WHEREAS, by Ordinance No. 3127 on January 6, 1992, the City Council of the City of Huntington Beach (the "City") adopted Precise Plan of Alignment No. 91-1, (the "Project") ; and The City Council is authorized under Government Code section 37350. 5 to utilize the power of eminent domain to acquire real property for the purpose of street widening; and That certain real property known as Assessor's Parcel Number 110-200-21 (a portion of) , which is more particularly described in the legal description attached hereto as Exhibit "A" and by this reference incorporated herein (the "Property") , is adjacent to. Garfield Avenue in the City; and The City Council has determined that it is in the interest of the City to widen Garfield Avenue to its maximum width in accordance with the Project; and Pursuant to Government Code Section 65402, on November 5, 1991, the Planning Commission of the City of Huntington Beach adopted Resolution No. 1453 , said resolution stating the findings and determinations of the Planning Commission that the location, purpose, and extent of the proposed acquisition of the Property conforms with the City's General Plan; and All persons whose names and addresses appear on the last equalized assessment roll for the Property were given notice of the intention of the City to adopt a Resolution of Public Necessity and to direct the institution of eminent domain proceedings, and informing them of their right to be heard on said matter pursuant to the Code of Civil Procedure Section 1245. 235; and A public hearing was held by the City Council on January 21, 1992 , at which the matters set forth above and in Code of Civil Procedure Section 1240.030 were discussed, including the following matters: (a) whether the public interest and necessity require the acquisition of the Property; (b) whether the street widening is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; (c) whether the Property is necessary for the street widening project; (d) whether an offer of just compensation pursuant to Government Code Section 7267.2 has been made to the owner or owners of record; and (e) whether the Agency's offer of just compensation was refused by the owner or owners of record, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: Section 1: That the above Recitals are all true and correct and are incorporated herein. Section 2 : That the City Council does hereby find and determine: -2- 6348 A. That the City Council, pursuant to Government Code Section 37350. 5. is empowered to condemn any property necessary to carry out the public purposes of the Project. S. That the public interest and necessity require construction and completion of the Project. The Project is mandated by the City's General Plan and the City's Zoning Ordinances identifying the Property as a necessary site for such street widening. C. That the proposed Project is planned and located in a manner that will be most compatible with the greatest public good and least private injury. D. That the acquisition of the Property described in Exhibit "A" attached hereto is necessary to permit construction and completion of the Project. Without inclusion of the Property, the Project could not be completed. E. That EIR 89-1 is a Program EIR and that no new environmental effect could occur and no new mitigation measures will be required beyond those identified in EIR 89-1. F. That the mitigation measures identified in EIR 89-1 that apply to street widening haven been incorporated into the Project. -3- 6348 G. That the street widening to be accomplished by the Project is itself a mitigation measure identified by EIR 89-1. H. That offers of just compensation pursuant to Government Code Section 7267 .2 have been made to all owners of record of the Property, that reasonable diligence has been used to locate every interested owner, and that the City Council's offer of just compensation was based on an appraisal of the Property, and that the City Council's offer was for the full appraisal amount. I. That due to the refusal of the owner or owners of record to accept the City Council's offer of just compensation, the Project cannot be completed except by the City Council's power of eminent domain. J. That the public interest and necessity require acquisition of an easement for street and public utility purposes and that such acquisition is necessary for the Project. K. That the .Property, acquisition of which is required for the public interest and necessity, is situated in the City of Huntington Beach, County of Orange, State of California, and is more particularly described in the legal description attached hereto as Exhibit "A" , -4-- 6348 previously incorporated herein. Section 3 : The City Attorney, in conjunction with special counsel, the law firm of Rutan & Tucker, is hereby authorized and directed to commence an action in the Superior Court of the State of California in and for the County of Orange, in the name and on behalf of the City against those persons who appear as owner or owners of record or who are known to have any claim or interest in the Property for the purpose of acquiring the property by eminent domain for the public use described herein, to make application for possession of the Property prior to judgment, and to do all things necessary to prosecute the action to its final determination in accordance with the provisions of law applicable thereto. Section 4: City Council staff is hereby authorized and directed to take any appropriate action consistent with the purposes of this Resolution, including but not limited to the I / / -5- 6348 withdrawal of necessary sums to deposit with the court as the probable amount of compensation that will be awarded in the eminent domain proceedings to acquire the Property. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held on this 21st day of January, 1992 . Mayor ATTEST: APPROVED AS TO FORM: City Clerk q a- City Attorneyfr- p,,,f REVIEWED AND APPROVED: I ITIATE❑ APPROVED: City A inistratdri Directo of Public Works 9_ APPROV S TO RM: Specia Counsel Rutan & Tucker 9/184/003821-0005/043 -6- 6348 1 LEGAL DESCRIPTION BEING THE NORTHERLY 27,pp FEET OF THE SOUTHERLY 55,pp FEET OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 11 WEST, IN THE RANCHO LAS BOLSAS IN THE 61TY OF HUNTINGTON BEACH, COUNTY OF ORANGE, 1 _ STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 13 OF ' MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPT THAT PORTION WITHIN GARFIELD AVENUE (SHOWN AS GARFIELD STREET ON THE MAP FILED IN BOOK 3, PAGE 28 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY.) ' EXHIBIT "A" ` VWDEN &S�}C�ATESLEGAL DESCRIPTION CIVIL ENGINEERS--PLANNERS—LANDSURVEYORS 0859-273-1 11/30/90 19012 COWAN,SUITE 210 - IRVINE, CA 927I4 wo. No. Date 2 714/660-0110 FAX:66o-03I8 En r PER Chk• She*t 1 of Reso No. 6348 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 adiourned meeting thereof held on the 27th day of January , 1992 , by the following vote: AYES: Councilmembers: Rnhif-ai] lp.;, Mai 11fxM-Pat-tPrcnn., Winchell,_ Silva, MacAllister, Kel NOES: Councilmembers: None ABSENT: Councilmembers: Green City er an ex-officio Werk of the City Council of the City of Huntington Beach, California