HomeMy WebLinkAboutCity Council - 97-79 RESOLUTION NO. 97-79
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. 110-210-06,
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 373505 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 permanent easement on certain property on Goldenwest Street, identified
as Assessor Parcel No. 110-210-06.
The "Project" for the purposes of this acquisition consists of the widening and improving
of Goldenwest Street; and
On November 17, 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
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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. 110-210-06. The portions of Property the City seeks to
acquire, and the Property interests sought, consist of a permanent easement for street purposes of
approximately 825 square feet of frontage along the Property, as more specifically described in
Exhibit "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 October 29, 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.
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Sec SecJoa 8. The City Council hereby declares it is its intent to acquire a permanent
easement for street purposes in the above-referenced property in the City's name in accordance
with the provisions of the laws of the State of California.
Section . 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 17th day of November 1997.
Y
ATTEST: APPROVED AS TO FORM:
Zle<�
City Clerk 1.7ty� Attorney
REVIEWED AND APPROVED: INITI ED AND APPROVED:
aa=,2 �Z?� AoufKl� 0
City A16ministrator grDirector o6f Public Works 1k9 dj,'3 ,
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EXHIBIT "A"
LEGAL DESCRIPTION
FOR ROAD PURPOSES
A.P. NO. 110-210-06
BEING THAT PORTION OF THE SOUTH ONE-HALF OF THE NORTHEAST QUARTER OF
THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34,
TOWNSHIP 5 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN AS
SHOWN ON THE MAP RECORDED IN BOOK 51 PAGE 13 OF MISCELLANEOUS MAPS OF
SAID COUNTY, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE
OF CALIFORNIA AS DESCRIBED IN A DEED FROM JOHN F. THOMPSON AND LOIS I.
THOMPSON TO JOHN R. SCHUESLER AND MARY M. SCHUESLER RECORDED
JANUARY 12, 1973 AS INSTRUMENT NO. 9971 IN BOOK 10512, PAGE 15 OF OFFICIAL
RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY LYING
EASTERLY OF A LINE PARALLEL WITH AND 55.00 FEET WESTERLY, MEASURED AT
RIGHT ANGLES, FROM THE EAST LINE OF SAID SOUTHEAST QUARTER OF SECTION
34.
EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE EASEMENT FOR
ROADS, ETC. CONTAINED IN INSTRUMENT RECORDED JULY 15, 1905 IN BOOK 91,
PAGE 134 OF DEEDS.
CONTAINING AN AREA OF 825 SQUARE FEET, MORE OR LESS.
AS SHOWN ON EXHIBIT "VI ATTACHED HERETO AND MADE A PART HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESERVATION, RESTRICTIONS, RIGHTS-OF--
WAY, EASEMENTS AND LEASES, OF RECORD, IF ANY.
D.
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JWDEN & EXHIBIT "A"
LEGAL DESCRIPTION
SOCYATES FOR ROAD PURPOSES
A.P. NO. 110-210-06
C1Y1L ENO INEERS--PLANNERS—LAND SURVEYORS W.O. No. 0879-273-8 Date 11 i 5 93
19012 COWAN,SUMS 210 + IRVINF,CA 927 t4
714166"1t0 FAX:660-041a Engr. D.C. Chk. D.W. Sheet 1 of 2
97 79
EXHIBIT "B"
NE COR., SE 114,
SEC. 34
ELL15 AVENUE
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30'
25' EAST LINE OF SE 114,
SEC. 34, T. 5 5., R. 11 W.,
51��1I.
I ( EASEMENT FOR ROAD PURP05ES
PER BO0K RI, PAGE 134, DEEDS
30'
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10512/15, OR. INDICATES AREA
—GGO' ® DESCRIBED HEREIN
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SCALE: 1'=100'
EXHIBIT 'B'
*LDEN & SKETCii TO ACCOMPANY A LEGAL DESCRIPTION
ON
S O C IATE S FOR ROAD PURPOSES
A.P. NO. 110-210-OG
18012 COWAN, SUITE 210, MVINE, CA 92714 W.O. No. 0875-273-8 Date OV2`U`3
(714) 660-0110 FAX: 660-0418 En r. D•C• Chk. D•W, Sheet—Ot 2
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Res, No. 97-79
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCWAY, 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 17th day of November, 1997 by the following
vote:
AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo
NOES: None
ABSENT: None
City Clerk and ex-officio CA of the
City Council of the City of Huntington
Beach, California
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