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Home My WebLink AboutCity Council - 97-52 RESOLUTION NO. 97-52 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THE PUBLIC INTEREST AND NECESSITY OF ACQUISITION OF PORTIONS OF PROPERTY LOCATED ON GOLDENWEST STREET IN THE CITY OF HUNTINGTON BEACH, CALIFORNIA, IDENTIFIED AS ASSESSOR'S PARCEL NO. 110-211-02, FOR.THE PURPOSES OF CONDUCTING ROADWAY IMPROVEMENTS WHEREAS, the City of Huntington Beach is authorized under the provisions of its charter and under the provisions of Sections 37350.5 and 40404 of the California Government Code to acquire property by eminent domain for public purposes, and specifically for street improvements; and The City of Huntington Beach has been investigating the acquisition of various interests in property, including a fee interest in certain property on Goldenwest Street, identified as Assessor Parcel No. 110-211-02. The "Project" for the purposes of this acquisition consists of the widening and improving of Goldenwest Street; and On July 21, 1997, after no less than 15 days written notice to the record owners of the property referenced above and more specifically described in the legal description and sketch attached hereto as Exhibits "A" and "B", respectively, which legal description and sketch are incorporated herein by reference,the City Council of Huntington Beach held a hearing for the purpose of allowing the record owners of the property a reasonable opportunity to appear and be heard on the following matters: (a) Whether the public interest and necessity require the project; (b) Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; (c) Whether the property proposed to be acquired is necessary for the project; and (d) Whether the offer required by Government Code Section 7267.2 had been given; and The City Council, as a result of such hearing, has determined that the public health, safety, and welfare require that the City acquire various interests in the Property more particularly described herein("Property"),for the purposes of widening and improving Goldenwest Street; and The Project for which the Property to be acquired is sought has previously been reviewed under applicable environmental review procedures, including Environmental Impact Report No. 89-1, approved January 8, 1990; and 1 419TCDAesolut;Borehett 97-52 NOW, THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, HEREBY DOES FIND, DETERMINE, AND DECLARE BASED UPON EVIDENCE PRESENTED TO IT AS FOLLOWS: Section 1: The property to be acquired is located within the City of Huntington Beach, County of Orange, State of California, and is located on Goldenwest Street, and otherwise identified as Assessor's Parcel No. 110-211-02. The Property the City seeks to acquire, and the Property interests sought, consist of a fee interest in the Property, as more specifically described in Exhibits "A" and "B"hereto. Section 2: The public interest and necessity require the Project, in that the City's General Plan, and specifically the Circulation Element, calls for the expansion of Goldenwest Street in the manner contemplated by the Project. In addition, the Goldenwest Street road widening is designed to relieve traffic congestion and increase the capacity of the street, which will require continuity in the roadway alignment and traffic handling capacity of the street. Section 3. The Project is located in a manner most compatible with the greatest public good and least private injury, in that the design of the roadway widening must of necessity occupy land which is immediately adjacent to the existing roadway, in order to maintain the continuity of the alignment of the road for all users. The project is designed in a manner compatible with the greatest public good, in that the Project will involve road widening which will enhance the utility of the area by improving traffic safety and circulation for all those traveling on Goldenwest Street. The Project will result in the least private injury in that, where possible consistent with safe roadway design restrictions, the property chosen for potential acquisition was done so to minimize the number of property owners affected, and to avoid impacts to residential properties. Section 4. The property to be acquired is necessary for the Project, in that the roadway widening must occur on property immediately adjacent to the existing roadway. Section 5. The offer required by Government Code Section 7267.2 has been made to the record owners, by way of letter dated March 14, 1997. Staff has attempted to negotiate with the record owners subsequent to this offer, but such negotiations have not proved successful in securing the necessary property interests outside of more formal proceedings. Section 6. To the extent any of the property to be taken herein is devoted to a public use, the City finds that the proposed use for the Project is compatible with, or more necessary to, such public use, and that the City is authorized to acquire the Property pursuant to Code of Civil Procedure §§ 1240.510 and 1240.610. Section 7. The Project has been reviewed and approved under the California Environmental Quality Act by way of certification of Environmental Impact Report No. 89-1, approved January 8, 1990, and the City Council finds and determines that since the time of that certification there have been no subsequent changes with respect to the circumstances under which the Project is to be undertaken,no new information of substantial importance regarding significant effects or mitigation measures or alternative which has become available, and no subsequent changes have been proposed in the Project which would require important revisions to the previous environmental impact reports, such that no further environmental review attending this proposed acquisition is necessary. 2 4/sTCD:Resolut:Borahett 97-52 Se ion 8. The City Council hereby declares it is its intent to acquire the full fee interest in the above-referenced property in the City's name in accordance with the provisions of the laws of the State of California. Sec 'on 9. The City Attorney in conjunction with the law firm of Rutan&Tucker is hereby authorized and directed to prepare, institute, and prosecute in the name of the City such proceedings, in the Court having proper jurisdiction thereof, as may be necessary for the acquisition of the fee interest to such property. Said counsel are also authorized and directed to obtain any necessary order of the Court granting the City the right of prejudgment and immediate possession and occupancy of the property. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 21 st day of July, 1997. Mayor ATTEST: APPROVED AS TO FORM: 44�� 17 City CIerk 01 City Attorney REVIEWED AND APPROVED: INIT A E AND APP OVED: City Administrator Director of bl Works 3 4/s:lTMAesolut:Borehett 97-52 EXHIBIT"A„ LEGAL DESCRIPTION A.P.NO. 110-211-02 LOT 59 OF TRACT NO. 62, IN THE CITY OF HUNfINGTON BEACK COUNTY.OF ORANGE, STATE OF CALIFORNIA,, AS SHOWN ON THE MAP RECORDED IN BOOK 10, PAGE 7 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF, SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, RIGHTS- OF-WAY, EASEMENTS AND LEASES, OF RECORD, IF ANY. f. �aP@FESSIO� �U,�ti�gy`0� P b 19402 /� t Exp.7'� f .-LN CfVlL JWDEN & EXHIBIT "A' SOCIATES LEGAL DESCRIPTION A.P. NO. 110-211-02 CIVIL ENGINEERS-PLANNERS-LAND SURVEYORS W.O. No. 0879-396-1 Date 715197 19012 COWAN,SUITE 210 • 1RVINE.CA 92714 Engr. D.C. Chk. D.W. Sheet 1 of 2 7141 660-01 10 FAX:660-0418 27-52 EXHIBIT V 25' 60 54 i30' 58 30' � 57 56 25' 55 t '+� 54 n ` 53 C��* {r, ,r ' 52 J.c J rr+�� • J 51 S0 44 EAST LINE, SE 114, SEC. 34, 5 T. 5 5., R. 11 W., 5BBJ'I. r( J' �+ 20 41 J w ;ERNE5T AVENUE N c-3 LEGEND 18 INDIGATE5 AREA DE5GRIBED HEREIN 5GALE. 1"=100' s St E�iIf3I r -B- ALA E N SKf TGN TO ACCOMPANY A LEGAL DE50RIPTION SSOCIATES AP. NO. 110-211- 02 18012 COWAN, SUITE 210, IRV E, CA 92714 W.Q. NO D87Q-39G-1 Date 7151 (714) 660-0110 FAX: 660-0418 1 En r.--2L—ChkJ2-W--- Sheet2-0f- .- Res. No. 97-52 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 an regular meeting thereof held on the 21st day of July, 1997 by the following vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: None City Clerk and ex-officio eerk of the City Council of the City of Huntington Beach, California G/resoiuti/resUpg/97-39