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HomeMy WebLinkAboutCity Council - 98-28 RESOLUTION NO, 9 8-Z 6 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 GOTHARD STREET IN THE CITY OF HUNTINGTON BEACH, CALIFORNIA, IDENTIFIED AS ASSESSOR'S PARCEL NO. 111-150-17 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 No. 111-150-17. 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 7 8010 03 82 1-0 0 1 713 15 7 802.1 "110M -1- 98-28 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 No. 111-150-17. 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 780i003821-0017131578M.1 aWi0198 -2- 98-28 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 S. 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 780100MI-0017131578M.1 a44110f98 -3- 98-28 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: City Clerk C"Wt 3 ey REVIEWED AND APPROVED: INITIA. D AND APPROVED: a City A&6inistrator Director of Public-Works ' 780i003821-0017/31578M.1 m04,10198 -4- 98-28 EXHIBIT "A" I WAL DESCRIPTION FOR ROAD PURPOSES A.P. NO. 111-150--17 BEING THOSE PORTIONS OF LOTS 15 AND 16 IN BLOCK "B11 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, 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 4000 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. �RofESSHE ro, { 402 5"0 • - EXHIBIT "A" , kDEN- t _ LEGAL DESCRIPTION SOCIATES FOR ROAD PURPOSES A.P. NO. 111-150-17 CIVIL.ENGINEERS--PLANNERS--LAND SURVEYORS W.O. No. 0879-273-13X3 Date 1111193 19012 COWAN,SME 210 • IRVINE� CA 92714 714/660.0110 t=A) aa0-041a En D.C. Chk. D.W. Sheet 1 of 2 98-28 EXHIBIT "A" LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A.P. NO. 111-150-17 BEING THOSE PORTIONS OF LOTS 15 AND 16 1N 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. VWDEN & LEGAL DESCRIPTION FOR SOCIATES TEMPORARY CONSTRUCTION EASEMENT A P. NO. 111-150-17 CIVIC ENGINEERS-PLAM+1ERS-LAND SURVEYORS W.O.No. 0879-396-1 Date 5/5/97 19012 COWAN.SUM 210 • 1RVIAIS.CA 92714 Engr.D.C. Chk. D.W. Sheet I of 2 714J660-0110 FAx:66A-0419 98-28 HE..+CDR., W 114,, NW 114, p SEC. 2, T. 6 S.. R. 11 W., S.BB.M. GA VENUE SCALE: 1'=100' i 3 2 1 i2 11 10 9 8 3a' 3a' i - 28 13 LQ 4- 0 27 t)i f4 1 *��= .�` . U61c�j�� CV- v � 26 Ifs i LEND: � MCAM5 AREA 25 30' 30' elf �a DfSCRfBED HEREN 17 r EXiW vB* AISISOCIATES LDEN & H TO AGGOMP NY A LEGAL DESGWVON MR ROAD PURPOSES AP. M. 111 150-17 _ 18012 COWAN, SUITE 210. FRVM. CA 92714 W.O. No. 087q-273-13X3 Date—IIZILU 714 8 98-28 -x�rIBr "s" HE. GDR., NW 1/4. NW 1/4, SEC. 2, T. 6 5., R. 11 W., SBB11. N - GARFIELD AVENUE SCALE: 1'=100' I 3 2 1 12 11 10 q 8 28 13 0 cv 1--' 14 • 27 ts) to ♦ ` ♦ ♦ n 15 lb cv-I 26 15' 16 I � LEGEND: ® INDICATES AREA 25 30 3p DESCRIBED HEREIN 17 013* ALD E N & SKETCH TO ACCOWAA Y A LEGAL DESCRIPTION S S O C IATE S FOR TEMPORARY GON5TRUGTION EASEMENT AP. NO. 111150 17 18012 COWAN, SUITE 210, ERVINE, CA 92714 W.O. No. 087q-3%-1 Date / / (714) 660-0110 FAX: 660-0418 En r.__ 2L - _Chk. VA. Sheet-2—Of-2— Res. No. 98-28 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 Ghesolutihesbkpg/97-80