HomeMy WebLinkAboutCity Council - 2004-84 RESOLUTION NO. 200 4_8 4
A RESOLUTION OF NECESSITY OF THE
CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA
APPROVING THE ACQUISITION OF A PORTION OF CERTAIN REAL PROPERTY
LOCATED AT 8101 ELLIS AVENUE, ASSESSOR'S PARCEL NO. 157-343-18,
BY EMINENT DOMAIN TO PERMIT STREET WIDENING
WHEREAS, the project for purposes of this acquisition consists of the widening and
improving of Ellis Avenue (the "Project"); and
The City Council is authorized under Government Code §§ 37350.5 and 40404 to utilize
the power of eminent domain to acquire real property for the purpose of installing, constructing
and widening public streets, and for related public purposes which are a governmental function
of the City; and
A portion of real property(the "Property") known as Assessor's Parcel Number 157-343-
18 and whose address is 8101 Ellis Avenue, which real property is more particularly described in
the legal description and illustration, respectively attached hereto as Exhibit A and Exhibit B and
by this reference incorporated herein, is adjacent to the north side of Ellis Avenue in the City;
and
An Assessor's parcel map showing the general location of the Property is attached hereto
as Exhibit C and by this reference is incorporated herein; and
The City Council has determined that it is in the interest of the City to widen Ellis
Avenue in accordance with the Project; and
Pursuant to Government Code § 65402, on July 27, 2004, the Planning Commission of
the City of Huntington Beach adopted General Plan Conformance No. 04-02 and Resolution No.
1592 stating the findings and determinations of the Planning Commission that the location,
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Resolution No. 2004-84
purpose, and extent of the proposed acquisition of the Property conform with the City's General
Plan; and
All persons whose names and addresses appear on the last equalized county assessment
roll for the Property were given notice of the intention of the City to adopt a Resolution of
Necessity and to authorize the institution of eminent domain proceedings, and were informed of
the right to be heard on said matter pursuant to the Code of Civil Procedure § 1245.235; and
A public hearing was held by the City Council on October 4, 2004, at which the matters
set forth above and in Code of Civil Procedure § 1240.030 were discussed, including the
following matters: (a) whether the public interest and necessity require the Project; (b) whether
the Project is planned or located in the manner that will be most compatible with the greatest
public good and the least private injury; (c) whether the Property is necessary for the Project; and
(d) whether an offer of just compensation pursuant to Government Code § 7267.2 has been made
to the owner or owners of record;
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
Section 1: That the above Recitals are all true and correct and are incorporated
herein.
Section 2: That the City Council does hereby find and determine the following:
A. That the City Council,pursuant to Government Code §§ 37350.5
and 40404, is empowered to condemn any property necessary to
carry out the public purpose of the Project.
B. That the public interest and necessity require construction and
completion of the Project, because the City's General Plan, and
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Resolution No, 2004-84
specifically the Circulation Element, calls for the expansion of
Ellis Avenue in the manner contemplated by the Project. In
addition, the Ellis Avenue road widening is designed to relieve
traffic congestion, increase the capacity of the street and provide
continuity in the roadway alignment.
C. That the Project is planned and located in a manner that will be
most compatible with the greatest public good and least private
injury, because 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, because 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 Ellis Avenue. The Project will result in the least
private injury, because where consistent with safe roadway design
restrictions, the amount of property for potential acquisition was
determined so as to minimize the amount of the parcel taken, and
to minimize impacts to the residence located on the remainder of
the parcel.
D. That the acquisition of the Property is necessary to permit
construction and completion of the Project, because the roadway
widening must occur on property immediately adjacent to the
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Resolution No. 2004-84
existing roadway. Without inclusion of the Property, the Project
could not be completed.
E. That the City approved Negative Declaration No. 93-7 regarding
the Project.
F. That an offer of just compensation pursuant to Government Code §
7267.2 has been made to all owners of record of the Property by
way of letter, dated September 30, 2003, that reasonable diligence
has been used to locate every interested owner,that the City's offer
of just compensation was based on appraisal of the Property, and
that the City's offer was for the full appraised amount. City staff
has negotiated 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.
G. That due to the refusal of the owners of record to accept the City's
offer of just compensation,the Project cannot be completed except
by the City Council's power of eminent domain.
H. That the public interest and necessity require acquisition of the
Property and that such acquisition is necessary for the Project.
I. That the Property, acquisition of which is required for the public
interest and necessity, is situated in the City of Huntington Beach,
County of Orange, State of California.
Section 3: The City Council hereby declares its intent to acquire a fee simple absolute
interest, for the purpose of conducting roadway widening and related improvements, in and to the
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Resolution No. 2004-84
Property in the City's name in accordance with the provisions of the laws of the State of
California.
Section 4: The City Attorney is hereby authorized to commence an action in the
Superior Court of the State of California in and for the County of Orange, in the name and on
behalf of the City against those persons who appear as owner or owners of record or who are
known to have any claim or interest in the Property for the purpose of acquiring a fee simple
absolute interest in and to the Property by eminent domain for the public uses described herein,
to make application for possession of the Property prior to judgment,to do all things necessary to
prosecute the action to its final determination in accordance with the provisions of law applicable
thereto, and to take any appropriate action consistent with the purposes of this Resolution.
Section 5: The City staff is hereby authorized to take any appropriate action
consistent with the purposes of this Resolution, including but not Iimited to the withdrawal of
necessary sums to deposit with the Court as the probable amount of compensation that will be
awarded in the eminent domain proceedings to acquire the Property.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 4 th day of October �2004.
REVIEWED AND APPROVED:
Mayor
f APPROVED AS TO FORM:
I City AdAinistrator
9 � Qy
/--'City Attorney c/Zp/O
INID AND APPRO ED:7 /
Director of Public Works
5
glResolutions/2004/Resolution of Necessity for Ellis Avenue
A RES0LU-77v L) AD
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Exhibit A
Legal Description
A portion of land located in the City of Huntington Beach, County of
Orange, State of California, in the Rancho Las Bolsas,, also being a
portion of the southwest quarter, of the southwest quarter, of the
northwest quarter, Section 36, Township 5 South, Range 11 West, San
Bernardino Meridian, as shown on the map filed in Book 51 , page 13
of Miscellaneous Maps in the Recorders Office of said County more
particularly described as follows:
The northerly 10 feet of the southerly 30 feet of the land described in
the Grant Deed to John P. Croney an unmarried man and Daniel V.
C.raney, a .single man, as. joint tenants recorded as document number
19950466393 of Official Records in said, County.
Subject to all Covenants, Rights, Rights—of—Ways and Easements of
Record.
Exhibit "B" attached and by this reference made a part hereof.
2y�o 1.AN0
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EXP. 12--31-05 ao
Joseph G. Derl eth 'OF cp&.%*
PLS 7340 expires 12/31 /05'
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Legal Description for Right—of—Way Acquisition
for 8101 Ellis Ave •�,
CITY OF HUNTINGTON BEACH �
nEPARTMENT OF PUBLIC WORKS
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( )=record per Doc. No 19950466393 O.R.
C 1=record per Parcel Map 85-330, filed in 246/45-47 of P.M.
= Acquisition Area
M.\ftwiro ,5urre\isllisRo*fats\@IisRCWVPlatsE_0&h.dw Exhibit _=B
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Right of Way acquisition plat for 8101 Ellis Ave
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PU8UC WORKS
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ACQUIRED BY EMINENT
DOMAIN
Res. No. 2004-84
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly appointed, 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 an regular meeting thereof held on the 4th day of
October, 2004 by the following vote:
AYES: Sullivan, Hardy, Green, Boardman, Cook
NOES: Coerper
ABSENT: (Vacant Position Unfilled)
ABSTAIN: None
G Clerk and ex-oftici lerk of the
City Council of the City of
Huntington Beach, California