HomeMy WebLinkAboutCity Council - 98-6 RESOLUTION NO. 98-6
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF HUNTINGTON BEACH
AMENDING RESOLUTION NO. 97-52 RELATING TO
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. 110-211-02,
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 interest in certain property on Goldenwest Street, identified as
Assessor Parcel No. 110-211-02.
The "Project" for the purposes of this acquisition consists of the widening and improving
of Goldenwest Street; and
On July 21, 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 Exhibit "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, 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 embodied such findings in a Resolution No. 97-52; and
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It now appears that it is necessary to amend Resolution No. 97-52, to include a recitation
of the acquisition of"remnant" property, as that term is used in Code of Civil Procedure
§ 1240.410; 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. Resolution No. 97-52,passed by City Council on July 21, 1997, is hereby
amended to add a Section 6.1 to read as follows:
Section 6.1. The acquisition of property authorized herein is of
the full extent of the parcel. This acquisition is authorized, and
proceeds,under Code of Civil Procedure § 1240.410,in that the
portion of the property remaining after the severance of the portion
necessary for the roadway improvements will be left in such a size,
shape and condition as to be of little market value.
Section 2. The Project has been reviewed and approved under the California
Environmental Quality Act by way of certification of Environmental Impart 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 environmental
review attending this proposed acquisition is necessary.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the • day of , 1998.
Ma r
ATTEST: APPROVED AS TO FORM:
r
City Clerk City Attorney .11-
REVIEWED AND APPROVED: INITIATED AND APPROVED:
Acting C y Administrator Director of u is Works
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97-52 �5 -
EXHIBIT "A"
LEGAL DES CREMON
A.P.NO. 110-211.-02
LOT 59 OF TRACT NO. 62, IN THE CITY OF HUNTINGTON BEACH, COUNTY.OF ORANGE,
STATE OF CALIFORNIA: AS SHOWN ON THE MAP RECORDED IN BOOK 10, PAGE 7 OF
MISCELLANEOUS IMAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
AS SHOWN ON EXHIBIT °B" ATTACHED HERETO AND MADE A PART HEREOF.
SUBJECT TO COVENANTS, CONDITIONS,RESTRICTIONS,RESERVATIONS, RIGHTS-
OF-WAY, EASEMENTS AND LEASES, OF RECORD, IF ANY.
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VWDEN & EXHIB1T«A„
SQCIATES LEGAL DESCRIPTION
A.P. INTO. 110-211-02
t. CIVIL EVa.1NEEA5--PLANNERS-LAND SURVEYORS W.O. No. 0879-396-1 Date 7I5197
ISO cowAN.SUITE 210 • IRVINE.CA 92714 Engr. D.C. Chk, D.W. Sheet 1 of 2
97-52
EXHIBIT "B"
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59 134'
58 30'
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51
50
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EAST LINE, 5E 114, SEC. 34,
5 ' T. 55., R. 11W., SM11.
20
19
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ERNFST AVENUE
I LEGEND �
18 INDICATES AREA
DE5CRJ3ED HEREIN
SCALE: 1'-10D' S
AJ_rLEN & EXI�larT 'B"
KETCH To ACCOMPANY A LEGAL DESCRIPTION
S S O CATE S AP. NO. 110--211-02
18012 COWAN, SUITE 210, FRVME, CA 92714 W.O. No. 087q-346--1_ Date 715197
Res. No. 98-6
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON REACH }
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 January, 1998 by the following
vote:
AYES: Julien, Harman, Dettloff, Bauer, Sullivan
NOES: None
ABSENT: Green (Garofalo - absent from room)
iL
City Clerk and ex-officio C erk of the
City Council of the City of Huntington
Beach, California
G/resolutUresbkpg/97-80