HomeMy WebLinkAboutCity Council - 98-14 RESOLUTION NO. 9 p—I
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH
DECLARING THE PUBLIC INTEREST AND NECESSITY
OF ACQUISITION OF CERTAIN REAL PROPERTY
LOCATED ON DELAWARE STREET IN THE CITY OF
HUNTINGTON BEACH, CALIFORNIA,
IDENTIFIED AS ASSESSOR'S PARCEL NO. 025-111-40,
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 real property, including the acquisition of certain real property on Delaware Street, identified
as Assessor Parcel No. 025-111-40; and
The "Project" for the purposes of this acquisition consists of the widening and improving
of Yorktown Avenue; and
On February 17, 1998, 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 the Property more particularly described herein
("Property"), for the purposes of widening and improving Yorktown Avenue; and
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The Project for which the Property to be acquired is sought has previously been reviewed
under applicable environmental review procedures, including Negative Declaration No. 93-4,
approved by the City Council on August 21, 1995,
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 Delaware Street, and otherwise
identified as Assessor's Parcel No. 025-111-40. The Property the City seeks to acquire, and the
Property interests sought, consist of a fee simple absolute interest in and to the entire parcel as
more specifically described in the legal description and sketch attached as 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 Yorktown
Avenue in the manner contemplated by the Project. In addition,the Yorktown Avenue 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 December 3, 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. The City Council finds and determines that the portion of the Property
remaining after the construction of the roadway improvements will be a"remnant,"as referred to
in California Code of Civil Procedure Section 1240.410, in that the remainder property will be
of such size, shape or condition as to be of little market value. The City Council hereby
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authorizes the acquisition of the remnant portion of the Property pursuant to California Code of
Civil Procedure Section 1240.410.
Section 7. 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 8. The Project has been reviewed and approved under the California
Environmental Quality Act by way of certification and approval of Negative Declaration No. 93-
4, approved by the City Council on August 21, 1995, 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.
Section 9. The City Council hereby declares its intent to acquire a fee simple absolute
interest, for the purpose of conducting roadway widening and improvements, in and to the above-
referenced property in the City's name in accordance with the provisions of the laws of the State
of California.
Section 10. 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 in and to such
property. Said counsel 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
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 February, 1998,
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk Cit Attorne
Zc--IFd 6�eEl
REVIEWED AND APPROVED: INITIAT7 APP VED:
62 4�,LZ4,L
City dministrator Director of Pub 'c s
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EX=TT A
THE LAND REFERRED TO IN THIS GUARANTEE IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF ORANGE, CITY _OF HUNTINGTON BEACH, AND IS
DESCRIBED AS FOLLOWS:
THE SOUTH 50 FEET OF THE WEST ONE-HALF OF LOT TWENTY-FIVE HUNDRED FIVE
(2505) OF "EAST SIDE VILLA TRACT", AS SHOWN ON A MAP RECORDED IN BOOK
4, PAGE 65 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING THEREFROM AN UNDIVIDED 47/112THS INTEREST IN ALL OIL, GAS AND
OTHER HYDROCARBON SUBSTANCES AND MINERALS IN OR UNDER THE LAND, . BUT
WITHOUT THE RIGHT TO USE THE SURFACE OF THE LAND IN CONNECTION WITH THE
DEVELOPMENT THEREOF, AS RESERVED BY JESSICA B. COFFIN IN THE DEED
RECORDED OCTOBER 23, 1953 IN BOOK 2600, PAGE 254 OF OFFICIAL RECORDS.
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MARCH 1948 EAST SIDE VILLA TRACT M.M. 4-65 •�tiy
NOTE,ASSE550R'S BLOCK d 4t a ASSE550R'S MAP • '_' •-
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:' PARCEL NUMBERS ; Nm r a0ox 25 PAGE 11
TRACT NO. 9288 YAf 39.549,20 a t SNOWN (N URGES: .',b:+".�� d. �':}•
TRACT W. 11S19 M.At. 317•30,31 .� „' COUNTY OF ORANGE +3,
PARCEL NAP P.M 87-z2,53-19. Y• ;: a i,` c.i+. �'; t ' i 1 •. '
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4 ' of Part :{ ;i fi(1 hit-, i,ti/lilr�rn
Res. No. 98-14
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 17th day of February, 1998 by the
following vote:
AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo
NOES: None
ABSENT: None
City Clerk and ex-offici Clerk of the
City Council of the City of Huntington
Beach, California
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