HomeMy WebLinkAboutCity Council - 97-61 RESOLUTION NO. 97-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
DECLARING THE PUBLIC INTEREST AND NECESSITY IN THE ACQUISITION OF
CERTAIN REAL PROPERTY LOCATED ON EDWARDS STREET BETWEEN ELLIS
AND GARFIELD AVENUES IN THE CITY OF HUNTINGTON BEACH,
CALIFORNIA, FOR THE PURPOSE OF CONSTRUCTING A WATER RESERVOIR
AND FIRE STATION
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
The City of Huntington Beach has been investigating the acquisition of various interests
in property, including certain property on Edwards Street between Ellis and Garfield Avenues in
the City of Huntington Beach, which real property is hereinafter referred to as the "Subject
Property" and is more specifically described in the legal description and sketches collectively
attached hereto as Attachment No. 1, which legal description and sketches are incorporated
herein by reference; and
The "Project" for the purposes of this acquisition consists of the construction of a fire
station and water reservoir; and
On September 2, 1997, after no less than 15 days written notice to the record owners of
the Subject Property,the City Council of the City 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;
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(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 the Subject Property, for the purpose of
constructing a fire station and water reservoir thereon; and
The Project for which the Subject Property is sought to be acquired has received
preliminary environmental review under Environmental Impact Report No. 89-1, approved
January 8, 1990,
NOW, THEREFORE, based upon evidence presented to it,be it hereby resolved
that the City Council of the City of Huntington Beach does hereby find, determine and declare as
follows:
1. The Subject Property to be acquired is generally located within the City of
Huntington Beach, County of Orange, State of California, and is located on the west side of
Edwards Street between Ellis and Garfield Avenues. The Subject Property the City seeks to
acquire is more specifically described in Attachment No. 1 hereto. The property interests sought
consist of a fee simple absolute interest in and to the Subject Property.
2. The public interest and necessity require the Project, in that the City's General
Plan and the Holly-Seacliff Specific Plan call for the construction of the fire station and water
reservoir in the manner contemplated by the Project. In addition,the fire station and the water
reservoir are designed to improve emergency response times and water storage capacity,
respectively.
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3. The Project is located in a manner most compatible with the greatest public good
and least private injury. The Project is designed in a manner compatible with the greatest public
good, in that the Project will will enhance the utility of the area by improving emergency
response times and the availablity of water service for current and future residents on the area.
The Project will result in the least private injury in that, where possible and consistent with safe
fire station and water reservoir design restrictions, the Project is designed to share the fire station
use and the water reservoir use on the same site,thereby limiting the amount of land to be
acquired, minimizing the number of property owners affected, and avoiding impacts to
residential properties.
4. The Subject Property to be acquired is necessary for the Project, in that the Project
requires a site large enough to accomodate both the fire station and the water reservoir, and that
the Project must be located in the general area of the Subject Property so that the fire station and
water reservoir provide the maximum amount of public benefit possible.
5. The offer required by Government Code Section 7267.2 has been made to the
record owners, by way of letter dated August 15, 1997. The power of eminent domain must be
exercised to acquire the property.
6. To the extent that any of the Subject 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.
7. The City Council hereby declares its intent to acquire a fee simple absolute
interest in the above-referenced Subject Property in the City's name in accordance with the
provisions of the laws of the State of California.
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7. The City Council hereby declares its intent to acquire a fee simple absolute
interest in the above-referenced Subject Property in the City's name in accordance with the
provisions of the laws of the State of California.
8. The City Attorney 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 simple absolute interest to the Subject
Property. The City Attorney is 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
Subject Property.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on September 2, 1997,
T
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk ity o ��
X 7 elm I
RE WED AND APPROVED: INI T APPROVED:
Clty Administrator Director"ubWorks
-10
Fire Chief
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That certain real property located in the City of Huntington Beach,
County of Orange, State of California, described as follows:
For legal description, see Parcel 1 on the Exhibit "A" attached
hereto and made a part hereof.
RESERVING unto Southern California Edison Company, a corporation, its successors and
assigns, an easement and right of way to construct, operate, use, maintain, alter, add to, reconstruct,
enlarge, repair, renew, replace, inspect, improve, relocate, and/or remove, at any time and from time to
time, electrical systems and communication systems (hereinafter referred to as "systems') consisting of
wood and/or metal poles, guy wires and anchors, crossarms. wires and other fixtures and appliances,
with necessary appurtenances, both overhead and underground, for conveying electric energy to be used
for light, heat, power and for transmitting intelligence by electrical means and/or other purposes, in,
under, on, over, along and across that certain real property in the County of Orange, State of California,
described as follows:
For legal description,see Parcel "A" (Transmission Line) on the Exhibit"A"attached hereto and by
this reference made a part hereof.
ALSO RESERVING unto Southern California Edison Company, a corporation, its successors and
assigns, and its and their contractors, agents,employees, licensees and lessees an easement and right of
way to construct, reconstruct, use, maintain and repair a slope and a roadway in, on. over, along and
across that certain real property in the County of Orange.State of California, described as follows:
For legal description, see Parcel"B" (Access Road) and Parcel"L7" (Slope and Access Easement) on
the Exhibit"A"attached hereto and by this reference made a part hereof.
ALSO RESERVING unto Southern California Edison Company, a corporation, its successors and
assigns,and its and their contractors. agents and employees, an easement and right of way to construct,
use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and
from time to time, underground electrical supply systems and communication systems (hereinafter
referred to as "systems"), consisting of wires, underground conduits, cables, vaults, manholes,
hndholes, and including above-ground enclosures, markers and concrete pads and other appurtenant
fixtures and equipment necessary or useful for distribution electrical energy and for transmitting
intelligence by electrical means in, on, over, under, across and along that strip of land shown as Parcel
"B" (Access Road), lying within that certain real property in the County of Orange, State of California,
described as follows:
For legal description, see Parcel "B" (Access Road) on the Exhibit"A" attached hereto and by this
refere:Lc made a part hereof.
ALSO RESERVING unto Southern California Edison Company, a corporation, its successors and
assigns, the right to lay, construct, reconstruct, use, maintain, operate, repair, replace, renew, change
the size of, increase the number of, and remove pipelines with necessary and proper valves and other
appliances and fittings for use in connection with said pipelines, together with adequate protection
therefore, for the transportation of oil, petroleum, gas. water, or other substances, in, on, over, through,
under, or along that strip of land, lying within that certain real property in the County of Orange, State
of California, described as follows:
For legal description, see Parcel "C" (Pipeline) on the Exhibit "A" attached hereto and by this
reference made a part hereof.
ALSO RESERVING unto Southern California Edison Company, a corporation. its successors and
assigns, and its and their contractors, agents,employees, licensees and lessees the right of free access to
said systems, roads and pipelines and every part thereof, over Parcel 1, at all times, for the purpose of
exercising the rights herein granted, and the right to clear and to keep clear Parcel 1, free from
explosives, buildings, structures, fences, vehicles, equipment, brush, combustible material and any and
all other obstructions of any kind, and the right to trim or remove any tree or shrub which, in the
1 of 2
Attachment No. 1 to Huntington Beach City Council Resolution No. 97-1,1
showing legal description of Subject property;
Page 1 of 6
opinion of Southern California Edison Company, may endanger said systems, or any part thereof, or
interfere with the exercise of the rights herein granted.
ALSO RESERVING unto Southern California Edison Company, a corporation, its successors and
assigns, the right of assignment, in whole or in part, to others, without limitation, and the right to
apportion or divide in whatever manner Southern California Edison Company deems desirable, any one
or more, or all. of the easements and rights, including but not limited to all rights of access and ingress
and egress reserved herein by Southern California Edison Company.
In the event Parcel 1 is developed, City of Huntington Beach,its successors and assigns,will grant
to Southern California Edison Company, a corporation, its successors and assigns, and its and their
contractors, agents, employees, licensees and lessees an easement for an access road in a Iocation,
which in the sole opinion of Southern California Edison Company,will provide access as convenient and
adequate as that which Southern California Edison Company, may then be using. Upon granting of said
access road easement. Southern California Edison Company will execute and deliver, a good and
sufficient quitclaim deed to the right of free access over Parcel 1.
City of Huntington Beach, its successors and assigns, shall not deposit or permit or allow to be
deposited, earth, rubbish, debris or any other substance or material, whether combustible or
noncombustible, on said Parcel A', Parcel "B", Parcel "C" or Parcel "D", or so near thereto as to
constitute. in the opinion of Southern California Edison Company, its successors and assigns, a menace
or danger to said systems and pipelines or which may in the opinion of Southern California Edison
Company, interfere with Southern California Edison Company's ready access to said systems and
pipelines.
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Attachment No. 1 to Huntington Beach City Council Resolution No. 47-6 1
showing legal description of Subject Property;
Page 2 of 6
. �'EXKIBIT•-"A"
Legal Description
Serial No. 63858A
That certain real property in the City of Huntington Beach, County
of Orange. State of California described as follows:
PARCEL I
The East 565.00 feet of Parcel 1 as shown on a map filed in Book
42 page 25 of Parcel Maps, in the Office of the County Recorder of said
County, said East 565.00 feet being measured at right angles from the
centerline of Edwards Street, as shown on said Parcel Map.
PARCEL "A" (Transmission Line)
The North 25 feet; the South 25 feet and the West 12.5 feet of the
hereinbefore described PARCEL 1.
PARCEL"B" (Access Road Easement)
That portion of said East 565.00 feet of Parcel 1 of said Parcel Map,
lying within a strip of land 20.00 feet wide the centerline of said strip
being described as follows:
Beginning at a found 2-inch iron pipe with tag. marked, "L.S.
3347", in handwell, accepted as the intersection of the centerline of said
Edwards Street with the centerline of Ellis Avenue, in lieu of City of
Huntington Beach monument, as shown on said Parcel Map, thence
South 00' 51' 26" East, 628.55 feet, measured along said centerline of
Edwards Street to the TRUE POINT OF BEGINNING, thence North 890
08' 35" West, 40.00 feet; thence South 710 10' 15" West, 27.14 feet;
thence North 89" 55' 20"West, 220.47 feet, to the beginning of a tangent
curve, concave to the Northeast, having a radius of 236.00 feet, thence
Westerly along said curve, through a central angle of 10' 59' 38", an arc
length of 49.64 feet; thence North 730 27' 24" West, 55.54 feet, to the
beginning of a tangent curve, concave to the Southwest, having a radius
of 244.00 feet, thence Westerly along said curve, through a central angle
of 9° 11' 28", an arc length of 49.39 feet: thence South 88' 40' 31" West,
130.07 feet to a point in the West line of hereinbefore described PARCEL
1.
PARCEL "C" (Pipeline Easement)
The Westerly 6.00 feet of the Easterly 17.00 feet of hereinbefore
described PARCEL 1.
Attachment No. l to Huntington Beach City Council Resolution N0. 97--61
97- showing legal description of Subject Property;
Page 3 of 6
PARCEL'M (Slope and Access Easement)
That portion of hereinbefore described PARCEL i lying Southeriy of the
Southerly line of the hereinbefore described PARCEL B and Northerly of
the Northerly line of the South 25 feet of hereinbefore described PARCEL
1.
Approved as to description:
Signed
00 �� Date S 197
M L.S.4754 7d
OF
Attachment No. 1 to Huntington Beach City Council Resolution
No. 97- (F(` showing legal description of subject Property;
Page 4 of 6
rUN I SUN OF PAKUt-L. 1, P.M.B. 42/25, IN THE CITY OF HUNTINGTON BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA
FD. 2"I.P. W/TAG. MK'D. ELL15 AVE.
'Li. 3347' IN HANDWELL
AREA WEST OF PROPOSED SALE AREA FITS PER COUNTY OF ORANGE
TOTAL AREA - 125,043.38 SOST. - 2.87 AC. TIE SHEET 5646/23 I
FENCED AREA - 55,781.18 SO.Fi. - 128 AC.
NET AREA - 89.282.20 SO.M - 1.69 AC,
NORTH LINE N
PCL l I
57' N PAR. `A" 20' II
40' 1956138E 4220304E
in
TSP fi' N PAR. "C'
Q 17' m
PAR. 565' N
12.5, PARCEL i 0'
FENCED TSP 7 6 PAR. .6. 2 m ro
AREAUJ
N
8
66- 4 1 cn O m_Cr (n a;
SP a n
188)48aj
4E 1956134E 3
35' SOUTH LINE 0 20'
TA13ULATION TABLE PCL 1 6
FOR VARIABLE WIDTH ACCESS RD. PAR. 2 EASEMENT TO
PT# BEARING DISTANCE PAR "D" HUNTINGTON BEACH
17 PER DOC 93-0370671
1- N _ ,
- 71.1 ,1 W 14
_4 W 4 a
10'59 38 Q � o
R= 236.00'
4 4'
-6 N 4 W 4
6-7 d= 9'11 28
R= 244.00' �
LEGEND .`�.+ d LS. C34 � 1k � GARFIEL.D AVE.
PARCEL 1 Ep� FD. 2"l.P. W/TAG, MK'0.
LANDS OF SOUTHERN CALIFORNIA EDISON COMPANY e � �s�0� "LS. 3347" IN HANDWELL
T66.499.86 SO.Ff.= 4.281 AC. �' �, FRTS PER COUNTY OF ORANGE
® TRANSMISSION LINE EASEMENT PARCEL 'A' TIE SHEET 5546/73
29,718.94 SO. FT. = 4.682 AC.
20' WIDE ACCESS ROAD EASEMENT PARCEL 'S' 0 100 200 400
10,592.24 SOFT. = 0.243'AC.
SCALE IN FEET
6' WIDE PIPELINE RESERVATION AREA PARCEL "C' E nb�y
1.979.88 SQ.FT.= 0.046 i11 l7
SLOPE & ACCESS EASEMENT AREA PARCEL "D' LOCATIONS, GENERAL ROUTES AND TERMINI
3561.20 SQ.FT.= 0.683 AC. OF THE PROPOSED .
40' WIDE 1/2 STREET RIGHTS OF WAY AND EASEMENT
13.199.20 SO.FT.= 0.303 AC. SO FAR AS SAME ARE INVOLVED
NET U5AdLE 50.FF.- 127.348.40 IN THIS ACTION
NET U&4= AQMkGE. 2.924 AC. SERIAL : 63858A
RAWN BY : R. CORDOVA SuRVEYt G.J. OLSEN ® �
AND INFO: T. CUTHBERTSON DATE : 07-17-97
File Nane< MAARCHIVE\DRAWING\RC2797 .DWG
Attachment No. 1 to Huntington Beach City Council Resolution No. 97-_L1 _-
showing legal description of Subject Property;
Page 5 of 6
NOT TO SCALE
SLATER AVE.
0
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in
h-
ELLIS AVE
LU
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O W m
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GARFIELD AVE.
LEGEND
PROJECT LOCATION M1B11 tic"
MAP SHOWING GENERAL LOCATION OF LANDS
OF SOUTHERN CALIFORNIA EDISONCOMPANY
IN RELATIONSHIP
IP TO.
GENERAL LOCATION OF LANDS SOUTHERN CALIFORNIA EDISON COMPANY'S
OF SOUTHERN CALIFORNIA EDISON ELECTRIC TRANSMISSION LINE
SERIAL , b395BA OR
COUNTY CALIF DI.NG4
bRg1dN By
, R. CORppVA SURVEY:
LAND IN 7. CUTMSERTSDN DATE 7-17-97
File NaMe, M:\ARCHIVE'1DRAWING%RC2797 .DWG
Attachment No. 1 to Huntington Beach City Council Resolution No. 97-�_
showing legal description of Subject Property;
Page 6 of 6
Res. No. 97-61
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 2nd day of September, 1997 by the
following vote:
AYES: Julien, Harman, Dettloff, Bauer, Sullivan
NOES: Garofalo
ABSENT: Green
City Clerk and ex-officio elerk of the
City Council of the City of Huntington
Beach, California
Glresolutilresbkpgl97-39