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HomeMy WebLinkAboutRedevelopment Agency - 234 RESOLUTION NO. 234 A 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 CITY OF HUNTINGTON BEACH, AND AUTHORIZING THE ACQUISITTION OF SUCH PROPERTY BY EMINENT DOMAIN (APN 24-152-11 & 12) WHEREAS, the Redevelopment Agency of the City of Huntington Beach is proposing to take certain real property, hereafter referred to as "the Property, "commonly known as Assessor' s Parcel Number 24-152-11 & 12, for public use; to wit, for redevelopment purposes, the elimination of blight, and the construction of a mixed use retail/residential project for the Main-Pier Redevelopment Project Area, Phase II; and Health & Safety Code § 33391(b) authorizes the Redevelopment Agency to acquire real property by eminent domain for purposes of redevelopment; 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 Agency to adopt a Resolution of Necessity and to authorize the acquisition by eminent domain of the aforesaid property, and informing them of their right to be heard on said matter pursuant to the Code of Civil Procedure § 1245 :235; and A public hearing was held by the City Council on October 19, 1992, at which the matters set forth above and in Code of Civil Procedure § 1240. 030 were discussed, including - 1 - the following matters : (a) whether the public interest and necessity require the acquisition of the Property; (b) whether the redevelopment project 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 redevelopment project; (d) whether an offer of just compensation pursuant to Government Code § 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 Redevelopment Agency of the City of Huntington Beach does hereby find, determine and resolve as follows : 1. That the above Recitals are all true and correct and are incorporated herein by this reference. 2 . That the public use for which the Property is to be taken is redevelopment purposes; to wit, the elimination of blight and the construction of a mixed use retail/residential project for the Main-Pier Redevelopment Project Area, Phase II . 3 . That the Redevelopment Agency of the City of Huntington Beach is authorized to take the Property by eminent domain pursuant to Health & Safety Code § 33391(b) . 4 . That the legal description of the real property to be taken is set forth in Exhibit "A-1, " which is attached hereto and incorporated herein by this reference. Said real property is also graphically depicted by Exhibit "A-2, " attached hereto. 2 - 234 5 . That the public interest and necessity require the proposed project. 6 . That the proposed project is planned or located in the manner that is most compatible with the greatest public good and the least private injury. 7. That the acquisition of the Property described in Exhibit "A-1" attached hereto is necessary to permit construction and completion of the Project. Without inclusion of the Property, the Project could not be completed. 8. That offers of just compensation pursuant to Government Code § 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 Redevelopment Agency' s offer of just compensation was based on an appraisal of the Property, and that the Redevelopment Agency' s offer was for the full appraisal amount. 9 . That due to the refusal of the owner or owners of record to accept the Redevelopment Agency's offer of just compensation, the Project cannot be completed except by the Redevelopment Agency' s power of eminent domain. 10. That the public interest and necessity require the acquisition of the Property for redevelopment purposes and for the elimination of blight, and that such acquisition is necessary for the Project. 11. That pursuant to Government Code § 65402, the location, purpose and extent of the proposed acquisition of the - 3 - 91a Property conforms with the General Plan of the City of Huntington Beach. 12 . That the development proposal, and the proposed acquisition of real property incidental thereto, conforms to the provisions of Resolution 48 of the Redevelopment Agency of the City of Huntington Beach, relating to the procedures for approving development proposals within the Main-Pier Redevelopment Project Area. 13 . That participation in the Redevelopment Project has been reasonably offered to the owner or owners of the property described herein. 14 . That notice has been given as required by California Code of Civil Procedure § 1245.235 . 15. That the taking of said real property be in fee simple, and that acquisition of said real property in fee simple is most compatible with the greatest public good and the least private injury. 16 . That the Agency Attorney 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 Redevelopment Agency 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. 4 - 234 17. That the Redevelopment Agency staff is hereby authorized and directed to take any appropriate action consistent with the purposes of this Resolution, including but not limited to the 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. 12 . That the real property described herein, which is authorized for condemnation by this resolution, is located in the City of Huntington Beach, County of Orange, State of California, within the Main-Pier Redevelopment Project Area. PASSED AND ADOPTED by the Redevelopment Agency of the City of Huntington Beach at a regular meeting thereof held on the 2nd day of November , 1992 . Chairman ATTEST: APPROVED AS TO FORM: Agency Clerk /v6 �LAgency Attorney r?--k 10-6-QL REVIEWED AND APPROVED: INITIATED AND APPROVED: �`S' Executive Director �/! ' Director of Economic Development 5 - 234 Exhibit "A-1" LEGAL DESCRIPTION LOTS 1, 2, & 3 IN BLOCK 105 OF HUNTINGTON BEACH, AS SHOWN ON A MAP RECORDED IN BOOK 3 , PAGE 36 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THE INTEREST IN THE SOUTHEAST 10 FEET OF SAID LOT 1 WHICH WAS CONDEMNED FOR STREET PURPOSES BY THE CITY OF HUNTINGTON BEACH IN THE DECREE OF CONDEMNATION ENTERED NOVEMBER 30, 1923, IN AN ACTION ENTITLED CITY OF HUNTINGTON BEACH VS. C.P. PATTON AND OTHERS, CASE NO. 13054 , SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR ORANGE COUNTY, A CERTIFIED COPY OF WHICH DECREE WAS RECORDED DECEMBER 3, 1923, IN BOOK 500, PAGE 278 OF DEEDS, RECORDS OF ORANGE COUNTY, CALIFORNIA. i 234 1 sir• L�� 17 "- _I /�7/ 6i �I � / � rh / 2 ✓ h c ems• � rora' Ti7 is'— 1073— Flolf. t.So'2© 2l Y <B 27 .'25 ZE 25 ` 35 _ 24 22 2/ -- 2 205/9 \ ' (1,5 15 15 2 15 3 / n 5 p� /2 38 13 /0 14 5 /0 38 9 /t 30 —37 s D41 117 �S 107-J Y nC/� - /07arr--T�1 ••. 7J v5 —� ), h ^r 29 r ► W w 26 25 k 2 - 23 5 � tiJl --lr-T I G / 17 2 / f F3 ' 1 20 1-91 i rJ 19._ //o' /0 17 ----'<< —---2--�6t-� )17 — — -— —� ) /5 Al — -I ! ter. s_ k i s f2 is"li /ur, R n ,r.is• /O LB 5 4 LI 1q, 9 9 6 4 12 o �o h 115 , V 7f. Exhibit "A-2" 234 Res. No. 234 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF HUNTINGTON BEAM) I, COW TIE BAY, Clerk of the Redevelopment Agency of the City of Huntingtm Beads, California, DO HERESY CERTIFY that the foregoing resolution was duly adapted by the Redevelopment Agency of the City of Huntington Beach at a meeting of said Redevelopment Agency held on the 2nd day of November 1992 , and that it was so adopted by the following vote: AYES: Members: Robitaille, Moulton-Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: Members: None ABSENT: Members: None Clerk of tkm Reidevelopment, ftoncy of the City;-of 1 untington Reach, Ca.