HomeMy WebLinkAboutCity Council - 98-27 RESOLUTION NO. 9 8-2 7
RESOLUTION OF IHE CITY COUNCIL
OF THE CITY OF HUNTINGTON BEACH
DECLARING THE PUBLIC INTEREST AND NECESSITY OF
ACQUISITION OF PORTIONS OF PROPERTY LOCATED ON
GOTHARD STREET IN THE CITY OF HUNTINGTON BEACH, CALIFORNIA,
IDENTIFIED AS ASSESSOR'S PARCEL NOS. 111-150-15 and 111-150-16
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 an exclusive perpetual easement interest in certain property on
Gothard Street, identified as Assessor Parcel Nos. 111-150-15 and 111-150-16.
The "Project" for the purposes of this acquisition consists of the widening and
improving of Gothard Street; and
On April 10, 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, ("Property") 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
On that same date, the owners of the Property were also given a reasonable
opportunity to appear and be heard on whether the City has met the procedural prerequisites
to the exercise of eminent domain; 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
780/=821-00171315796.1 aWI0198 -1-
98-27
particularly described herein ("Property"), for the purposes of widening and improving
Gothard 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
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 Gothard Street, and
otherwise identified as Assessor's Parcel Nos. 111-150-15 and 111-150-16. The Property the
City seeks to acquire, and the Property interests sought, consist of the following:
A. For the property more specifically described in Exhibit "A" hereto, an
easement more specifically described as follows:
An exclusive, perpetual easement for the purposes of
constructing, placing, maintaining, and operating a public right
of way and/or public utility facilities thereon, including all
rights of surface access and use consistent with the use as a
public right-of-way.
B. For the property more specifically described in Exhibit "B" hereto, a
temporary construction easement more specifically described as follows:
A temporary construction easement for City of
Huntington Beach ("City"), and its officers, agents, employees
and contractors, to enter upon, occupy, and pass over the
temporary construction easement area more specifically
described in the legal description attached hereto, as deemed
reasonably necessary for all purposes incidental to reconstructing
and widening Gothard Street ("Project") in accordance with
street improvement plans approved by City for the Project.
Such incidental purposes shall include, but not be limited to,
adjusting grade differentials between the planned street and the
adjoining real property and/or meeting or matching existing
concrete and/or asphalt paved areas, and/or natural grade areas,
constructing sidewalks, or such work as may pertain to on-site
improvements.
This temporary construction easement shall also include
the right to perform any necessary excavation, grading, earth
fill, compaction, installation of concrete forms, utility, fence and
sign relocation, private drainage facilities, all such necessary
7WOU3 82 1-901713 1 57W6.1 "110M -2-
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activities which are reasonably incidental to the work being
performed on said property in connection with the Project. The
rights granted hereunder shall commence 2 days after
notification to the property owner and shall continue in full
force and effect until 12 months after notice. Upon termination
of this temporary construction easement, the temporary
construction easement area shall be restored to a condition that
is reasonably equivalent to its condition prior to the
commencement of the work.
This temporary construction easement shall not include
the right to store any materials or park any vehicles which are
not incidental to the work to be performed on site in connection
with the Project, or to block all vehicular access to the larger
parcel of property of which this temporary construction
easement is part. In connection with the exercise of this
temporary construction easement rights hereunder, City shall
protect and preserve all structures on the temporary construction
easement area in place, and shall protect or restore all
improvements thereon to a condition that is reasonably
equivalent to its condition prior to the commencement of the
work.
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 Gothard
Street in the manner contemplated by the Project. In addition, the Gothard Street 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 travelling on Gothard 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 letters dated May 28, 1997 and March 6, 1998. 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
780/00 M-W17131578W.1 a0411011% -3-
98-27
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.
Section 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.
Section 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 20th day of April, 1998.
Mayor
ATTEST: APPROVED AS TO FORM:
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City Clerk z,/9 7 �/�F�=ey�( if
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REVIEWED AND APPROVED: INITIATED AND APPROVED:
,fl or,�C/
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City A .ministrator Directoi of Public Works
7=003W-001713157W6.1 aoanaM A-
98-27
EXIB.BIT "A"
LEGAL DESCRIPTION
FOR ROAD PURPOSES
A.P. NO. 111-150-15
BEING THAT PORTION OF LOT 13 IN BLOCK"B" OF THE GARFIELD STREET ADDITION
TO HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 70
PAGES 27 AND 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, LYING WESTERLY OF A LINE PARALLEL WITH AND
50.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE OF
CRYSTAL STREET (CRYSTAL AVENUE AS SHOWN ON SAID MAP).
CONTAINING AN AREA OF 2000 SQUARE FEET, MORE OR LESS.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHT OF
WAY AND EASEMENTS OF RECORD, IF ANY.
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kDEN EXHIBIT "A"
LEGAL DESCRIPTION
SOCIATES FOR ROAD PURPOSES
A.P. NO. 111-150-15
CIVIL ENGINEERS—PLANNERS—LAND SURVEYORS W.O. No. 0879-273-13X3 Date 11 1 93
18012 COWAN,SUITE 210 • IRVINE, CA 92714
714166"110 FAX:660-0418 Engr. D.C. Chk. D.W. Sheet _1 of 2
' 98-27
EXl MIT "A"
LEGAL DESCRIPTION
FOR ROAD PURPOSES
A.P. NO. 111-150-16
BEING THAT PORTION OF LOT 14 IN BLOCK"B"OF THE GARFIELD STREET ADDITION
TO HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 79
PAGES 27 AND 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, LYING WESTERLY OF A LINE PARALLEL WITH AND
50.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE OF
CRYSTAL STREET (CRYSTAL AVENUE AS SHOWN ON SAID MAP).
CONTAINING AN AREA OF 2000 SQUARE FEET, MORE OR LESS.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHT OF
WAY AND EASEMENTS OF RECORD, IF ANY.
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CIVIL
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JWDEN & EXHIBIT "A"
LEGAL DESCRIPTION
SOCIA►T `'S FOR ROAD PURPOSES
CIVIL ENGINEERS—PLANNERS—LAND SURVEYORS A.P. NO. 111-150-16
W.O. N0. 0879-273-13X3 Date 11 1 93
18012 COWAN.SUITE 210 • IRVINE, CA 92714
714/66"110 >=Ax:660-041s 1 Engr. D.C. Chk. D.W. ShPPt 1 nf
98-27
EXHIBIT "A►►
LEGAL DESCRIPTION
FOR TEMPORARY CONSTRUCTION EASEMENT
A.P. NO. 111-150-15 AND 16
BEING THOSE PORTIONS OF LOTS 13 AND 14 IN BLOCK "B" OF THE GARFIELD
STREET ADDITION TO HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON BEACH,
COUNTY OF ORANGE, STATE OF-CALIFORNIA, AS SHOWN ON THE MAP RECORDED.
IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
A STRIP OF LAND, 15.00 FEET WIDE, LYING EASTERLY OF A LINE PARALLEL WITH
AND 50.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE
OF CRYSTAL STREET (CRYSTAL AVENUE AS SHOWN ON SAID MAP).
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
ALDEN & LEGAL DESCRIPTION FOR
SSOCIAT,ES TEMPORARY CONSTRUCTION EASEMENT
A.P. NO. 111-150-15 AND 16
CIVIL ENGINEERS-PLANNERS-LAND SURVEYORS W.O.No. 0879-396-1 Date 5/5/97
19012 COWAN.SUITE 210 • IRVINE, CA 92714 Engr. D.C. Chk. D.W. Sheet 1 of 2
714/660-0110 FAX:660-0419
98-27
EXHIBIT "B"
N.E. COR., NW 114, NW 114,
5EG. 2, T. 6 5., R. 11 W., 5BB.M.
N GARfIFLD A VFNUF
50ALE: 1'=100' I
3 2 1 12 11 10 q 8
30' 30' -
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ALD E N & EXtf)BIT 'B'
SKETCH TO ACCOMPANY A LEGAL DE50RIPTION
S S 0 CIATE S FOR ROAD PURP05E5
A.P. NO. 111-150-15
18012 COiPAN, SUITE 210, IRVINE, CA 92714 W.O. No. 087q-273-13X3 Date 111119.1
(714) 660-0110 FAX: 660-0418 Enar.—D.G. rhk PW ^
98-27
EXHIBIT "B"
N.E. GOR., NW 1/4, NW 1/4,
SEC. 2, T. G 5., R. 11 W., 5B.B11.
GAR1=ILD A VFNUE
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SCALE: 1'=100' I
3 2 1 12 " 11 10 9 8
30' 30'
28 0
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LEGEND:
® INDICA TE5 AREA
DESCRIBED HEREIN 25 17
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*LDEN & EMBIT IT
SKETCH TO ACCOMPANY A LEGAL DESCRIPTION
S S 0 CIATE S FOR ROAD PURP05E5
AP. NO. 111-150-IG -
18012 COWAN, SUITE_ 210, IRVINE, CA 92714 W.O. No. 0879-273-13X3 pate 11/1/93
17 t 41 asO—Olin FAY! FFn—nd,n — — -
98-27
LAMBIT
N.E. COR., NW 114, NW 114,
SEC. 2. T. G 5.. R. 1I W., 5BB.M.
N GAf tfLD AVfNUf
SCALE: 1'=100' I
3 2 1 12 11 10 q 8
30 30'
I
28 15.
13
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30' 30'
LEGEND•
INDICATES AREA
DESCRIBED HEREIN 25 17
EXHIBIT •B-
V*,4SSOCIATES
LDE�T &
SKETCH TO ACCOMPANY A LEGAL DESCRIPTION
FOR TEWOMY CONSTRUCTION EASEMENT
A.P. NO. 111 150-15 do IG
18012 COWAN, SUM 210, IRVINE, Ca 82714 W.O. No..0$7�2G-i Date 2ZY-V -
(7s4) 660-0110 FAk: 680-0418 En r.D1C Chk.- D.W. . Sheet-2—Of-2—
98-27
Res. No. 98-27
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 20th day of April, 1998 by the following
vote:
AYES: Harman, Green, Dettloff, Bauer, Sullivan, Garofalo
NOES:
ABSENT: Julien
City Clerk and ex-officio Clerk of the
City Council of the City of Huntington
Beach, California
G/resolutUresbkp07-80