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HomeMy WebLinkAboutCity Council - 98-31 98-31 RESOLUTION NO. 9 8-31 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. 111-150-25 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 a fee title interest in certain property on Gothard Street, identified as Assessor Parcel No. 111-150-25. 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 78010MM-0017r3157?96.1 a04110M -1- 98-31 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. 111-150-25. The Property the City seeks to acquire, and the Property interests sought, consist of the following: A. Fee simple title to the full square footage of Assessor's Parcel No. 111-150- 25. 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 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 780/003821-00t7/3157796.1 a04r10/98 -2- 98-31 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: zmm�� ��� �� City Clerk 411 f? City Attorney J�4yl�319Y 190- REVIEWED AND APPROVED: INITIATED AND APPROVED: 0 City Adi6Gstrator Director offPublic Works 7801003821-0017/3W796.1 a04f10/98 —3— • 98-31 OR-9262862 DESCRIPTION THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF HUNTINGTON BEACH, AND IS DESCRIBED AS FOLLOWS: LOT 22 IN BLOCK B OF GARFIELD STREET ADDITION TO HUNTINGTON BEACH, AS SHOWN ON A MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. PAGE 5 EXHIBIT M 159-28 rn � \ I • 4HOLLY STREET $ t 4. fr ff' ••e IJ.eI 174.e .14 ree' J J JI .eo' •, 1 � . Orrr' � �e• � d6 e W ' O G RFIELO STREET 34 Y 0 `c,. e , g l • J POR Q i 46 45 44 e --•1---�°e � O y+{ 4 4 - N y 'eJ• .y • 1 h "eJ • O O © ' V .e 17 (� 1 Orr 6 1t J 1 It 7/ ^ 48 POR. BLK.B t O 4p, ib w tJ I o • ^ ao ►► ,o.. 16 17 o N f6 a I ? / t 47 LJ7AC W z ADD/77ON ti 13 � 1 .•r es' lest "X.V, ,/•1' Nf1' er•-r• Aer y' M i0' :1 CRYSTAL --= STREET $ A 'a 14 j r MARCH /95/ GARFI£LO STREET ADDITION M.M.7-2728 NOTE - ASSESSOR'S BLOCK B ASSESSOR'S MAP • PARCEL NUMBERS BOOK 111 PAGE 15 O SHOWN /N CIRCLES COUNTY OP ORANGE •M+.Mw.r,....._..r..-...... . ..._...._......-.. ...r....._......--.., .....rNr.r.n.'.+w. w...._..... .......,.• H,!•,,.,..A.,,...... ..... ,.,.,,,irr,w•,n• _ i�-- -- '- _ - --— Res. No. 98-31 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/resolutilmsUpg/97-80