HomeMy WebLinkAboutCity Council - 6564 RESOLUTION NO. 6gb4
A RESOLUTION OF PUBLIC NECESSITY OF THE
CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA
APPROVING THE ACQUISITION OF CERTAIN REAL PROPERTY
TO PERMIT STREET WIDENING
WHEREAS, by Ordinance No. 3128 on March 16, 1992,the City Council of the City of
Huntington Beach (the "City") adopted the Ellis Avenue Right of Way Project,P.W. #91-27 (the
"Project"); and
The City Council is authorized under Government Code sections 37350.5 and 40404 to
utilize the power of eminent domain to acquire real property for the purpose of installing,
constructing and widening public streets, for installing traffic circulation utilities and for related
public purposes; and
Real property (the "Property")known as Assessor's Parcel Numbers 110-153-16;
110 186-17; 110-165-17; and 110-165-23,which real property is more particularly described in
the legal descriptions attached hereto as Exhibit "A" and by this reference incorporated herein, is
adjacent to 'Ellis Avenue in the City; and
The City Council has determined that it is in the interest of the City to widen Ellis
Avenue to its maximum width in accordance with the Project; and
Pursuant to Government Code Section 65402, on September 8, 1993, the Planning
Commission of the City of Huntington Beach adopted General Plan Conformance No. 93-7(A),
and Resolution No. 1485(A), 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
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their right to be heard on said matter pursuant to the Code of Civil Procedure Section 1245.235;
and
To the extent the Property includes portions of parcels which will not be used for the
Project, those unused portions are remainders or portions thereof that will be left in such size,
shape, or condition as to be of little market value. Accordingly,those portions are remnants as
defined in Code of Cavil Procedure Section 1240.410(a). The City is authorized to acquire
remnants through the exercise of the power of eminent domain by Code of Cavil Procedure
Section 1240.410(b).
A public hearing was held by the City Council on January 18, 1994, at which the matter
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; and (d) whether an offer of just compensation pursuant
to Government Code Section 7267.2 has been made to 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:
A. That the City Council, pursuant to Government Code Sections 37350.5
and 40404(a) is empowered to condemn any property necessary to carry
out the public purposes of the Project.
B. 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.
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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, other than portions of the Property
which are uneconomic remnants, 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 have been incorporated into the Project.
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's offers of just compensation were based on appraisals of
the Property, and that the City's offers were for the full appraised amount.
I. That due to the refusal of the owners of record to accept the City's offers
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
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description s attached hereto as Exhibit "A", previously incorporated
s
herein.
I. That the portions of the parcels to be taken which are not needed for street
widening are remainders or portions thereof that will be left in such size,
shape, or condition as to be of little market value. Accordingly,those
portions of the Property are remnants pursuant to Code of Cavil Procedure
Section 1240.410(a).
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 fmal 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 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.
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PASSED, APPROVED, AND ADOPTED by the City Council of the City of Huntington
Beach at a regular meeting held on this 18th day of January , 1994.
Mayor
ATTEST; APPROVED AS TO FORM:
--�j L-Z�—
City Clerk �L- City Attorney �L 'V]6
REVIEWED AND APPROVED: INI IATED AND PPROVED:
City A i istrator Directo of Public Works
APPROVED AS TO FORM:
Special Counsel
Rutan & Tucker
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EXHIBIT "A"
AP #110-153-16 Lots 54 & 55, Tr. 32, Miscellaneous'Maps 9-.31
AP #110-186-17 Lot 54, Tr. 45, Miscellaneous Maps 9-34
AP #1-10-165-17 Lot 53,_Blk. A, Tr. 44, Miscellaneous Maps 9-45
AP #110-165-23 Lot 59, Blk. A, Tr. 44, Miscellaneous Maps 9-45
0 173U
6564
Res. No. 6564
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 18th day of January 1994 ,
by the following vote:
AYES: Councilmembers:
Winch_11 Leipzig, Sullivan
- n
NOES: Councilmembers:
uone
ABSENT: Councilmembers:
None
1410�
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California