HomeMy WebLinkAboutCity Council - 2007-2 RESOLUTION NO. 2007-2
A RESOLUTION OF NECESSITY OF THE
CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA
APPROVING THE ACQUISITION OF PORTIONS OF CERTAIN REAL PROPERTY
LOCATED AT 7782 AND 7802 GARFIELD AVENUE, ASSESSOR'S PARCEL NOS. 159-
151-01, 159-151-02, 159-151-03, AND 159-151-16, TOGETHER WITH A TEMPORARY
CONSTRUCTION EASEMENT OF LESS THAN 5 FEET IMMEDIATELY ADJACENT AND
SOUTH OF THE ACQUIRED REAL PROPERTY FOR A PERIOD OF 3 MONTHS DURING
CONSTRUCTION, BY EMINENT DOMAIN TO PERMIT STREET WIDENING
WHEREAS, the project for purposes of this acquisition consists of the widening and
improving of Garfield 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 159-151-
O1 and whose address is 7802 Garfield 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 south side of Garfield
Avenue in the City; and
A portion of real property (the"Property")known as Assessor's Parcel Number 159-151-
02, and whose address is 7802 Garfield Avenue, which real property is more particularly
described in the legal description and illustration, respectively attached hereto as Exhibit C and
Exhibit D and by this reference incorporated herein, is adjacent to the south side of Garfield
Avenue in the City; and
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Resolution No.2007-2
A portion of real property(the"Property")known as Assessor's Parcel Number 159-151-
03, and whose address is 7802 Garfield Avenue,which real property is more particularly
described in the legal description and illustration,respectively attached hereto as Exhibit E and
Exhibit F, and by this reference incorporated herein, is adjacent to the south side of Garfield
Avenue in the City; and
A portion of real property(the "Property")known as Assessor's Parcel Number 159-151-
16 and whose address is 7782 Garfield Avenue, which real property is more particularly
described in the legal description and illustration,respectively attached hereto as Exhibit G and
Exhibit H, and by this reference incorporated herein, is adjacent to the south side of Garfield
Avenue in the City; and
An aerial map showing the Property and immediate vicinity is attached hereto as Exhibit I
and by this reference is incorporated herein; and
The City Council has determined that it is in the interest of the City to widen Garfield
Avenue in accordance with the Project; and
Pursuant to Government Code § 65402,the Planning Commission of the City of
Huntington Beach adopted General Plan Conformance No. 03-01 and Resolution No. 1584, on
July 22, 2003, stating the findings and determinations of the Planning Commission that the
location,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 Iast 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
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Resolution No.2007-2
A public hearing was held by the City Council on January 16, 2007, 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
specifically the Circulation Element, calls for the expansion of
Garfield Avenue in the manner contemplated by the Project. In
addition,the Garfield Avenue road widening is designed to relieve
traffic congestion, increase the capacity of the street and provide
continuity in the roadway alignment, and to provide the adjoining
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6646
Resolution No.2007-2
real properties with improved and safer access, improved drainage,
together with curbs, gutter, and sidewalks.
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 and related improvements
which will enhance the utility, drainage, and safety of the area,
including improving traffic safety and circulation for all those
traveling on Garfield Avenue, and also including improved and
safer access to and from the adjoining properties. 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 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.2007-2
existing roadway. Without inclusion of the Property,the Project
could not be completed.
E. That the acquisition of a temporary construction easement of less
than 5 feet immediately adjacent and south of the Property, for a
period of 3 months during construction, to permit intermittent use
of the adjacent property for purposes of construction, is also
necessary to permit construction and completion of the Project.
E. That the City prepared and recorded an environmental impact
Notice of Exemption on November 4, 2005 regarding the Project.
F. That offers of just compensation pursuant to Government Code §
7267.2 have been made to all owners of record of the Property, or
their representatives, on or about November 15, 2005, that
reasonable diligence has been used to locate every interested
owner,that the City's offers of just compensation were based on
appraisals of the Property, and that the City's offers were for the
full appraised amount. City staff has had discussions with the
owners, or their representatives, subsequent to these offers, but
such discussions have not yet proved successful in securing the
necessary property interests outside of more formal proceedings.
G. That due to the failure of the owners of record to accept the City's
offers of just compensation,the Project cannot be completed
except by the City Council's power of eminent domain.
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Resolution No.2007-2
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
Property in the City's name in accordance with the provisions of the laws of the State of
California. The City Council further declares its intent to acquire a temporary construction
easement of less than 5 feet immediately adjacent and south of the Property, for a period of 3
months during construction of the Project,to permit intermittent use of the adjacent property for
purposes of construction of the Project.
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 acquire a temporary construction easement of less than 5 feet immediately adjacent and south
of the Property for a period of 3 months during construction of the Project, and 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.
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Resolution No.2007-2
Section 5: The City staff is hereby authorized to take any appropriate action
consistent with the purposes of this Resolution, including but not limited 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 16 t h day of January , 2007.
REVIEWED AND APPROVED:
M yor
APPROVED AS TO FORM:
City Ad inistrator
City Attorney J pfo
l 1'
INITIATED AND APPRO ED:
Director of Public Works
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Resolution No.2007-2
EXHIBIT A
Resolution No.2007-2
Exhibit A
Legal Description
The Northerly 20.00 feet, of the Easterly 77.00 feet of Lot 3, of the Mountain
View Tract, located in the City of Huntington Beach, County of Orange, State of
California, in the Rancho Las Bolsas, as shown on the map filed in Book 7, page 1
of Miscellaneous Maps, in the Recorders Office of said County.
Excepting therefrom all right, title and interest in and to the mineral rights therein,
including all oil, gasoline or other hydrocarbon substances thereunder, with the
right to enter in and upon the premises at any time, drill for, extract and produce
said oil, gas and other hydrocarbon substances thereunder, as reserved in the deed
from W.M. Elliott and Vera L. Elliott to Daniel Contreras and Ruperta. Contreras,
husband and wife, for an undivided one-half interest in said land recorded June
26, 1944, in Book 1259, page 258 of Official Records of Orange County,
California and as reserved in the deed from Katherine Hendrickson McDonald,
formerly Katherine Hendrickson, to Pete Alvarez and Carmen O. Alvarez,
husband and wife, for and undivided one-half interest in said land, recorded
February 27, 1958 in Book 4210, page 222 of Official Records of said Orange
County.
Containing 1540.0 square feet more or less.
Exhibit "B" attached and by this reference made a part hereof.
X-AND.
C:? G. pF G,p
DRAFT - 0 0
EXP. 12-31-07 2
Joseph G. Derleth
PLS 7340, expires 12/31/07 `r�� LS. 7340
TF OF CAL\F�Q-
Legal Description for Right-of-Way Acquisition
7802 Garfield Avenue : APN 159-151-01 19J.4 Me
CITY OF HUNTINGTON BEACH low
DEPARTMENT OF PUBLIC WORKS
Resolution No.2007-2
EXHIBIT B
Resolution No.2007-2
Exhibit B
/--'. GARFIELD AVENUE
EXIS77NG RIGHT OF WA Y '
NE COR LOT (30.00) I
2, PER O (EAST, 118.00) NE COR LOT
77.00 I� 3, PER ( )
— — — 50.00'
50.00' I
- 1 - 20.00' - -
9.00''--1 77.00'
W
I PROPOSED 7802 GARFIELD j
I I WAYRIGHT OF I APN 159-151-01 I o + o d Q0
LO
7802 GARFIELD I 7802 GARFIELD
I 1�l i Q -It
APN 159 151 03 ELD
I APN 159-151-02. EAST LINE LOT 3,--I Q 62 U �
I 50.00-- PER ( ) v1
1 Q L
I 1 77.00' I �: ►`�
18.00' ( o
EAST LINE LOT I I
12, PER ( ) I IiE
I I 1
(LOT 12)I ICI
' (LOT 13) i 15 0 J0
0
I I 7802 GARFIELD —/I IN FEET
_______J I APN 159-151-01 I SCALE 1" = 30'
7802 GARFIELD
APN 159-151-02 I 1 y�� LAND SG,P
SE COR LOTj SE COR LOT a
2, PER ( ) 3, PER ( )
_ 3 EV. 12-31-07
ACQUISTION AREA TRACT 5642� � \r
€357/44-46i �r�OF- 73a1
( )=RECORD PER THE MOUNTAIN VIEW TRACT, 7/1 M.M. of "`�4
€ J=RECORD PER TRACT 5642, 357/44-46 M.M.
NOTE: LOT B, SHOWN HEREON WAS CREATED PER TRACT 5642, BUT IS UNDEFINED
THEREON AS TO PURPOSE OF CREATION.
Plat for Right-of-W-ay Acquisition
7802 Garfield Avenue : APN 159-151-01 16.4 ma
CITY OF HUNTINGTON BEACH low
DEPARTMENT OF PUBLIC WORKS
Resolution No.2007-2
EXHIBIT C
Resolution No.2007-2
Exhibit C
Legal Description
The North 20.00 feet, of the West 41.00 feet of Lot 3 and the North 20.00 feet, of
the East one-half of Lot 2, both of the Mountain View Tract, located in the City
of Huntington Beach, County of Orange, State of California, in the Rancho Las
Bolsas, as shown on the map filed in Book 7, page i of Miscellaneous Maps, in
the Recorders Office of said County.
Excepting therefrom the North 170.00 feet, of the West 50.00 of said East
one-half of said Lot 2.
Also excepting therefrom an undivided one-half interest in and to the mineral
rights therein, including all.oil, gasoline or other hydrocarbon substances
thereunder, and the right to enter in and upon the premises at any time to drill for,
extract and produce said oil, gas and other hydrocarbon substances thereunder, as
reserved in the deed recorded June 26, 1944, in Book 1256, page 258 of Official
Records, of said County
Also excepting therefrom an undivided one-half interest in and to the mineral
rights therein, including all oil, gasoline or other hydrocarbon substances
thereunder, and the right to enter in and upon the premises at any time to drill for,
extract and produce said oil, gas and other hydrocarbon substances thereunder, as
reserved in the deed recorded February 27, 1958 in Book 4210, page 222 of
Official Records, of said County.
Containing 1000.0 square feet more or less. LAND
N°
sG
Exhibit "B" attached and by this reference made a part hereof F
O
EXP. 12-31-07
�t yt
LS. 7340
lF or CaL1F��
DRAFT
Joseph G. Derleth - _
PLS 7340, expires 12/31/07
Legal Description for Right-of-Way Acquisition
7802 Garfield Avenue : APN 159-151-02 M#R
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
Resolution No.2007-2
EXHIBIT D
Resolution No.2007-2
Exhibit D
CL GARFIELD AVENUE
NE COR LOT NE COR LOT EXISTING RIGHT NE I
1, PER ( J 3 ' 2, PER O OF WAY 3,
(EAST, 118.00) (EAST, 118.00)
a 5 ' 9.00' V41.
00'
ot
I 50.00'
I 41.00 — — — — — —
(LOTi 2) 00'� 7802 GARFIELD
PROPOSED APN 159-151-01
7802 GARFIED
L l RIGHT OF
APN 159-115103 I_--EAST LINE, OF
! WAY 7782 GARFIELD 7802 GARFIELD I THE WEST 41.00;OF LOT 3
APN 159-151-16 I APN 159-151-02
i EAST LINE LOT 3,--1
I EAST LINE LOT 2, PER ( )
1 PER O 59.00' 1.00'----I (LOT 3)
--WEST LINE EAST I I
/2 LOT 2 I o
� � o
o i o S
. I
15 0 30 `-
l (LOT 12) i + z ! IN FEET
SOUTH LINE, SCALE 1 = 30
- --�f`— NORTH 170.00' !
t OF THE EAST%y 1
J I OF LOT 2 I SE PER LOT 1
SE COR LOT � (L 0 T 3) ! ( )
1, PER ( ) - - I 7802 GARFIELD SE COR LOT �o L AND SG
1
AP 159-151-02 2, PER O — U=� —
(EAST 118.00) (EAST, 118.00) E(P. 12-3f-07 z
ACQUISTION AREA s <
�.4 LS. 7340
( )=RECORD PER THE MOUNTAIN VIEW TRACT, 7/1 M.M. rF OF' cAj-`��
Plat for Right-of-Way Acquisition
7802 Garfield Avenue : APN 159-151-02
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
Resolution No.2007-2
EXHIBIT E
Exhibit E
Legal Description
The Northerly 20.00 feet, of the North 170.00 feet, of the West 50.00 of the east
one-half of Lot 2, of the Mountain View Tract, located in the City of Huntington
Beach, County of Orange, State of California, in the Rancho Las Bolsas, as shown
on the map filed in Book 7, page 1 of Miscellaneous Maps, in the Recorders
Office of said County.
Containing 1000.0 square feet more or less.
Exhibit "B" attached and by this reference made a part hereof.
SAND
SO�
U �
O
(]_ EXP. 12-31-07
q L& 7340
Joseph G. Derleth rF of, cA%-�F°�
PLS 7340, expires 12/31/07
Legal Description for Right-of-Way Acquisition
7802 Garfield Avenue : APN 159-151-03 SO
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
Resolution No.2007-2
EXHIBIT F
Resolution No.2007-2
Exhibit F
GARFIELD AVENUE _
NE COR LOT EXISTING RIGHT
1, PER ( ) 5), OF WA Y NE COR LOT
3 2, PER ( )
(EAST, 118.00
50.00'
20 00' .000
PROPOSED I f
(LOT 2) + RIGHT OF
0 WAY 7802 GARFIELD
1 7782 GARFIELD I APN 159-151-02
APN 159-151-16 7802 GARFIELD
APN 159-151-03 1
.00'59.00' --i
o i 50.00' [--�� (L,E LOT 2,
i 1
f WEST LINE EAST f (LOT 3)
f 112 LOT 2 f
{ EAST LINE LOT 1, 7802 GARFIELD
PER O I APN 159-151-03 1 f
r l �
I f 15 0 30
f (LOT 12)f Z
I SOUTH LINE, 1 IN FEET
I NORTH 170.00; SCALE 1" = 30"
f I LOTr 2, PER ( )
�10 LAND� SG�
L
(EAST, 118.00) SE CbR LOT EV. 12-3i-07
SE COR LOT 2, PER O '`
1, PER ( ) `r�9 LS. 7340
cnL�F°�
ACQUISTION AREA
( )=RECORD PER THE MOUNTAIN VIEW TRACT, 7/1 M.M.
Plat for Right-of-Way Acquisition
7802 Garfield Avenue, : APN 159-151-03
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS ,
Resolution No.2007-2
EXHIBIT G
Resolution No.2007-2
Exhibit G
Legal Description
The Northerly 20.00 feet of the North half of Lot 1 and the Northerly 20.00 feet
of the West 59.00 feet of Lot 2, both of the Mountain View Tract, located in the
City of Huntington Beach, County of Orange, State of California, in the Rancho
Las Bolsas, as shown on the map filed in Book 7, page 1 of Miscellaneous Maps,
in the Recorders Office of said County.
Excepting therefrom the West 88.50 feet, and the West 11.50 of East 29.50 feet of
said North half of said Lot 1.
Also excepting therefrom the South 150.00 feet, of said 59.00 feet of said Lot 2.
Also excepting therefrom all right, title and interest in and to the mineral rights
therein, including all oil, gasoline or other hydrocarbon substances thereunder,
with the right to enter in and upon the premises at any time, drill for, extract and
produce said oil, gas and other hydrocarbon substances thereunder, as reserved in
the deed from A.M. Elliott and Vera L. Elliott to Daniel Contreras and Ruperta
Contreras, husband and wife, for an undivided one-half interest in said land
recorded June 26, 1944, in Book 1259, page 258 of Official Records of Orange
County, California and as reserved in the deed from Katherine Hendrickson
McDonald, formerly Katherine Hendrickson, to Pete Alvarez and'Carmen 0.
Alvarez, husband and wife, for and undivided one-half interest in said land,
recorded February 27, 1958 in Book 4210, page 222 of Official Records of said
Orange County.
NANO S
Containing 1540.0 square feet more or less. 2C2 G.
41 o f
U
Exhibit "B" attached and by this reference made a part hereof. EXP. 12-31-07 0
LS. 73Q �aNP
lF OF CALF
DRAFT
Joseph G. Derleth
PLS 7340, expires 12/31/07
Legal Description for Right-of-Way Acquisition
7782 Garfield Avenue : APN 159-151-16 ia
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
Resolution No.2007-2
EXHIBIT H
Exhibit H Resolution No. 2007-2
_ GP -IELD AVENUE
NW COR LOT NE COR LOT EXISTING RIGHT^ NE COR LOT
1, PER ( ) 30 1, PER O OF WA Y 2, PER ( )
(EAST, 118.00) (EAST, 118.00)
11.50"
88.50' 18.00 59.00' 59.00'
77.00'
1 5 1 20 00' I
4- 18,00' 59.00,
1.50,
19002 DELAWARE PROPOSED i
I APN 159-151-15 �`129'50-1 I RIGHT OF WAY 1
I 1 7782 GARFIELD 1 7802 GARFIELD
EAST LINE OF THE-- APN 159-151-16 APN 159-151-03 1
I WEST 88.50' OF 1 77.00'
o I LOT 1 8.00 L 59.00, EAST LINE LOT 2, -�
(LOT 11 ) I I PER ( ) l o
(LOT' 2 I
�I 1 >
�8.50' cl--
Qi
fi—WEST LINE LOT 1, 1 I I I I
PER ( )
1 I I 15 0 � I
� I I
I EAST LINE OF THE EAST LINE LOT 1, 30
EAST 29.50' OF WEST 11.50' OF >NE 1 PER ( ) 1 1 IN FEET 1
I SCALE 1 = 30
LOT 1 1 I 7782 GARFIELD I I
APN 159-151-16 �a LAND SG 1
I y
— — u2 �� I
SOUTH LINE, NORTH""' EV. 12-31-07 0 o
112, L 0 T 1 1 NORTH LINE, SOUTH
1 15aOO, LOT 2 sT9� LS. 7340
�Op CAl-�F�
(EAST, 118.00') (EAST, 118.00)
— SE COR LOT SE COR LOT
SW COR LOT 1, PER ( ) 1, PER ( ) 2, PER ( )
ACQUISTION AREA
( )=RECORD PER THE MOUNTAIN VIEW TRACT, 7/1 M.M.
Plat for Right-of-Way Acquisition
7782 Garfield Avenue : APN 159-151-16
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS:
Resolution No.2007-2
EXHIBIT I
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REAL. PROPERTY AQUISITION
20 FOOT RIGHT-OF-WAY AT 7782 AND 7802 GARFIELD AVE.
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS 1 OF 1
Res. No. 2007-2
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN 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 an regular meeting thereof held on the 16th day of January, 2007 by the
following vote:
AYES: Carchio, Cook, Green, Hansen, Hardy
NOES: Bohr, Coerper
ABSENT: None
ABSTAIN: None
4Clerk and ex-offici Jerk of the
City Council of the City of
Huntington Beach, California