HomeMy WebLinkAboutRedevelopment Agency - 259 RESOLUTION NO. 259
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 MAIN-PIER REDEVELOPMENT
PROJECT AREA IN THE CITY OF HUNTINGTON BEACH,AND
AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT
DOMAIN (THIRD BLOCK WEST PROJECT APN 024-143-12, 17 & 20)
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 Numbers 024-143-12, 17 & 20, 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; 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 &_r1 / , 1994, at which the
matters set forth above and in Code of Civil Procedure § 1240.030 were discussed, including 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.
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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.
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," which is attached hereto and incorporated herein by this reference. Said real
property is also graphically depicted by the map which is attached hereto as Exhibit "B," and
incorporated herein by this reference.
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" 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 Property cannot be acquired, and the
Project cannot be completed, except by the Redevelopment Agency's power of eminent domain.
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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 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, is not subject 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.
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
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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.
18. 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 1st day of August , 1994.
Chairman
ATTEST: APPROVED AS TO FORM:
Agency Clerk A geiic ysAttorney
-7_1y^9
REVIEWED AND APPROVED: INITIATED AND APPROVED:
Executive Director Director of Economic Development
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EXHIBIT A
Legal Description
THE LAND REFERRED TO IN THIS RESOLUTION IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF ORANGE, CITY OF HUNTINGTON BEACH, AND IS
DESCRIBED AS FOLLOWS:
APN 024-143-12:
LOTS 1 AND 3 IN BLOCK 304, AS SHOWN ON A MAP RECORDED IN BOOK 3, PAGE 36
OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY,
AND
APN 024-143-17:
LOTS 2, 4, 6, AND 8 IN BLOCK 304, AS SHOWN ON A MAP RECORDED IN BOOK 3,
PAGE 36 MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
EXCEPT THE INTEREST IN THE NORTHWESTERLY 10 FEET OF SAID LOTS AS
CONDEMNED BY THE CITY OF HUNTINGTON BEACH BY FINAL DECREE
RECORDED DECEMBER 3, 1923 IN BOOK 500, PAGE 278 OF DEEDS, RECORDS OF
ORANGE COUNTY,
AND
APN 024-143-20:
LOTS 12 AND 14 IN BLOCK 304 OF HUNTINGTON BEACH, AS SHOWN ON A MAP,
RECORDED IN BOOK 3, PAGE 36 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA.
EXCEPTING ALL OIL AND MINERALS LYING BELOW A DEPTH OF 500 FEET OF THE
SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT OF ENTRY AS RESERVED IN
THE DEED FROM PAUL N. BOOS AND MARGARET ELAINE BOOS, HUSBAND AND
WIFE, RECORDED MARCH 15; .1977 IN BOOK 12104, PAGE 709 OF OFFICIAL
RECORDS.
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THIS MAP IS FOR INFORMATION ONLY AND IS NOT A PART OF THIS TITLE EVIDENCE
Res. No. .259
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
1st day of August , 19_9_4_, and that it was so adopted
by the following vote:
AYES: Members:
Silva, Bauer, Robitaille, Moulton-Patterson, Winch ell, Sullivan, Leipzig
NOES: Members:
None
ABSENT: Members:
None
Clerk of the Redevelopmeo Agency of
the.City of Huntington Beach, Ca.
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