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HomeMy WebLinkAboutAcquisition of Property by Eminent Domain - Resolution 6655 ? M � S©, So . STATEMENT OF ACTION OF THE CITY COUNCIL Council Chamber, Civic Center Huntington Beach, California Monday, December 5, 1994 A videotape recording of this meeting is on file in the City Clerk's Office. Mayor Moulton-Patterson called the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 6:00 p.m. PRESENT: Silva, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo ABSENT: None (City Council) NOTICED HEARING -GARFIELD AVENUE WIDENING BETWEEN GOLDENWEST AND MAIN STREETS -ACQUISITION OF PROPERTY BY EMINENT DOMAIN -ADOPTED RESOLUTION OF NEED AND NECESSITY NO. 6655 -AP NO. 111-110-07, AP NO. 111-110-10, AP NO. 111-110-14, AP NO. 111-130-05, AP NO. 111-130, 11, 12, AP NO. 111-140-04, 05, 06, AP NO. 111-140-08, AP NO. 111-140-09, AP NO. 159-281-03 -APPROVED (650.50) The Mayor announced that this was the day and hour.set for a noticed hearing to consider adoption of Resolution No. 6655 pertaining to the acquisition of property necessary to the widening of Garfield Avenue between Goldenwest and Main Streets. The City Attorney presented a staff report regarding the eminent domain law. Robert Franz, Deputy City Administrator Administrative Services, reported regarding the need for this property for the widening of Garfield Avenue and is an integral part of the implementing of the Holly Seacliff Development Plan. Mayor Leipzig declared the public hearing open. The City Clerk announced a communication that was received and distributed to Council from Carl Weaver dated December 5, 1994 in opposition to the acquisition of the property by eminent domain. The City Clerk stated that a public comment form was handed to her at the meeting from Chris Tayor but she did not know if the person submitting same was a property owner. Mr. Tayor did not come forward to speak when his name was called by the City Clerk. Discussion ensued between Council and the City Attorney relative to the procedure which would be followed wherein speaking on the item would be restricted to those who own property or to allow the public in general to comment. There being no one further present to speak on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. Page 2 - Statement of Action A motion was made by Green, seconded by Silva, to adopt Resolution No. 6655 - "A RESOLUTION OF PUBLIC NECESSITY OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA APPROVING THE ACQUISITION OF CERTAIN REAL PROPERTY TO PERMIT STREET WIDENING." following the statutory procedure provided by the City Attorney, approve the Resolution of Need and Necessity and authorize the Mayor and City Clerk to execute the same. The motion carried by the following roll call vote: AYES: Silva, Bauer, Sullivan, Leipzig, Dettloff, Green NOES: None ABSENT: Garofalo (out of room) Mayor Moulton-Patterson adjoumed the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach. /s/Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: /s/Connie Brockway /s/Linda Moulton-Patterson City Clerk/Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, Connie Brockway, the duly elected City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Statement of Action of the City Council of said City at their adjourned regular meeting held on the 5th day of December, 1994. Witness my hand and seal of the said City of Huntington Beach this the 21 st day of December, 1994. /s/Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California By Deputy City Clerk "PRITY COU EST FOR dOUNCIL AC` �N �S 19r DATE: December 5. 1994 C E RK SUBMITTED TO: BLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administ PREPARED BY: ROBERT J. FRANZ, Deputy City Administra SUBJECT: PROPERTY ACQUISITION -- GARFIELD AVENUE WIDEN NG: RESOLUTION OF NEED AND NECESSITY . (4CS Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments STATEMENT OF OBJECTIVE: Under the terms of the Holly Seacliff Development Agreement, dated April 11, 1991, it is the City's responsibility to acquire the public right-of-way for all street widenings within the project. The final parcels required for the Garfield Avenue widening between Golden West and Main Streets need to be acquired. Construction has progressed to the point where possession is now necessary. A Resolution for Need and Necessity, approved by the City Council, is needed for the City's acquisition of portions of certain (herein listed) parcels by condemnation. RECOMMENDATION: Following the statutory procedure provided by the City Attorney, approve the Resolution of Need and Necessity and authorize the Mayor and City Clerk to execute same. ANALYSIS: The widening of Garfield Avenue is an integral part of the implementing of the Holly Seacliff Development Plan from Golden West Street to west of Main Street. The precise street alignment of Garfield was approved by City Council on December 16, 1991, by Ordinance #3127.' The City of Huntington Beach and Seacliff Partners have acquired all the properties necessary for this widening with the exception of those portions of property necessary for this right-of-way widening as shown on the list attached. The Real Estate Services Division, together with outside legal services, Rutan and Tucker, has been negotiating for some months with the owners for the required parcels and on September 14, 1994, mailed to each owner the City's last and final offer (a sample copy of this letter is attached). The next step in the acquisition process is the request for the Resolution of Need and Necessity. FUNDING SOURCE: Seacliff Partners, Account#E-SF-AS-179-44-00. ALTERNATIVE ACTIONS: Do not request Resolution of Necessity at this time. ATTACHMENTS: 1. Sample of letter of last, best offer. 2. Map of area 3. List of property needed 4. Resolution I 0006147.01 11/23/94 7:36 AM Nc y A RESEARCH REQUEST FORM OFFICE OF THE CITY CLERK _l Today's date — P Date research needed — —� , Department requesting research -OA--rJ 30-r tVWA-/Al Do you need copies certified? ( I., yes ( no Describe research requested, in detail please: i i C1 I r Name Telephones ext. � w STATEMENT OF ACTION OF THE CITY COUNCIL Council Chamber, Civic Center Huntington Beach, California Monday, December 5, 1994 A videotape recording of this meeting is on file in the City Clerk's Office. Mayor Moulton-Patterson called the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 6:00 p.m. PRESENT: Silva, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo ABSENT: None (City Council) NOTICED HEARING -GARFIELD AVENUE WIDENING BETWEEN GOLDENWEST AND MAIN STREETS -ACQUISITION OF PROPERTY BY EMINENT DOMAIN -ADOPTED RESOLUTION OF NEED AND NECESSITY NO. 6655 -AP NO. 111-110-07. AP NO. 111-110-10, AP NO. 111-110-14, AP NO. 111-130-05, AP NO. 111-130, 11, 12. AP NO. 111-140-04, 05, 06. AP NO. 111-140-08. AP NO. 111-140-09, AP NO. 159-281-03 -APPROVED (650.50) The Mayor announced that this was the day and hour set for a noticed hearing to consider adoption of Resolution No. 6655 pertaining to the acquisition of property necessary to the widening of Garfield Avenue between Goldenwest and Main Streets. The City Attorney presented a staff report regarding the eminent domain law. Robert Franz, Deputy City Administrator Administrative Services, reported regarding the need for this property for the widening of Garfield Avenue and is an integral part of the implementing of the Holly Seacliff Development Plan. Mayor Leipzig declared the public hearing open. The City Clerk announced a communication that was received and distributed to Council from Carl Weaver dated December 5, 1994 in opposition to the acquisition of the property by eminent domain. The City Cleric stated that a public comment form was handed to her at the meeting from Chris Tayor but she did not know if the person submitting same was a property owner. Mr. Tayor did not come forward to speak when his name was called by the City Cleric. Discussion ensued between Council and the City Attorney relative to the procedure which would be followed wherein speaking on the item would be restricted to those who own property or to allow the public in general to comment. There being no one further present to speak on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. y Page 2 - Statement of Action A motion was made by Green, seconded by Silva, to adopt Resolution No. 6655- "A RESOLUTION OF PUBLIC NECESSITY OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA APPROVING THE ACQUISITION OF CERTAIN REAL PROPERTY TO PERMIT STREET WIDENING." following the statutory procedure provided by the City Attorney, approve the Resolution of Need and Necessity and authorize the Mayor and City Clerk to execute the same. The motion carried by the following roll call vote: AYES: Silva, Bauer, Sullivan, Leipzig, Dettloff, Green NOES: None ABSENT: Garofalo (out of room) Mayor Moulton-Patterson adjourned the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach. /s/Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: /s/Connie Brockway /s/ Linda Moulton-Patterson City Clerk/Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, Connie Brockway, the duly elected City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Statement of Action of the City Council of said City at their adjourned regular meeting held on the 5th day of December, 1994. Witness my hand and seal of the said City of Huntington Beach this the 21 st day of December, 1994. /s/Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California By Deputy City Clerk (5) Page 5-Council/Agency Agenda 12/5/94 D. PUBLIC HEARINGS Anyone wishing to speak on an OPEN public hearing item is requested to complete the attached pink form and give it to the Sergeant-at-Arms who is located near the Speakers Podium. PUBLIC HEARINGS SHALL BE CONSIDERED IN THE FOLLOWING ORDER: 11. Closed public hearings with decision continued to this date 2. Public hearings continued open 3. New public hearings Item D-1 Is A Noticed Hearina And Only Those Property Owners, Tenants Or Their Representatives Who Have Filed A Timely Request To Be Heard With The City Clerk Will Be Allowed To Speak At This Time. FIVE VOTES REQUIRED FOR ADOPTION D-1. (City Council) NOTICED HEARING -GARFIELD AVENUE WIDENING BETWEEN GOLDENWEST AND MAIN STREETS -ACQUISITION OF PROPERTY BY EMINENT DOMAIN - RESOLUTION OF NEED AND NECESSITY NO 6655 -AP# 111-110-07, AP# 111-110-10, AP# 111-110-14, AP# 111-130-05, AP# 111-130, 11, 12, AP# 111-140-04, 05, 06, AP# 111-140- 08. AP# 111-140-09, AP# 159-281-03 (650.50) Noticed hearing to consider adoption of Resolution No. 6655 pertaining to the acquisition of property necessary to the widening of Garfield Avenue between Goldenwest and Main Streets. Six Votes For Adoption RECOMMENDED ACTION: Adopt Resolution No. 6655-°A RESOLUTIONOF PUBLIC NECESSITY OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA APPROVING THE ACQUISITION OF CERTAIN REAL PROPERTY TO PERMIT STREET WIDENING. The foregoing ,iastrument- is a correct copy of the original on file in-this office. Attest 44, 49YZ CONNIE BROCKWAY w City Clerhnd Ex-officio Clerk of the;City Council of-�the City of Huntington, 8each, (5) Californi " By "Deputy a t RESOLUTION NO. 6655 A RESOLUTION OF PUBLIC NECESSITY OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA APPROVING THE ACQUISITION OF CERTAIN REAL PROPERTY TO PERMIT STREET WIDENING WHEREAS, by Ordinance No. 3128 on April 20, 1992, the City Council of the City of Huntington Beach(the"City") adopted the Garfield Avenue Right of Way Project as a part of the Holly-Seacliff Master Plan and Specific Plan(the"Project"); and The City Council is authorized under Government Code sections 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, for installing traffic circulation utilities and for related public purposes; and Portions of real property(the"Property")known as Assessor's Parcel Numbers I I I-110- 07; 111-110-10; 111-110-14; 111-130-05; 111-130-11 & 12; 111-140-01; 111-140-04, 05 & 06;111-140-08; 111-140-09; and 159-281-03, which real property is more particularly described in the legal descriptions collectively attached hereto as Exhibit"A' and by this reference incorporated herein, is adjacent to Garfield Avenue in the City; and The City Council has determined that it is in the interest of the City to widen Garfield Avenue to its maximum width in accordance with the Project; and Pursuant to Government Code Section 65402, on August 17, 1993, the Planning Commission of the City of Huntington Beach adopted General Plan Conformance No. 93-7 and Resolution No. 1485 stating the findings and determinations of the Planning Commission that the location, purpose, and extent of the proposed acquisition of the Property conforms with the City's General Plan; and 1 . 4\s:G:Reso1:GarfWide\11/23/94 C. That the Proposed Project is planned and located in a manner that will be most compatible with the greatest public good and least private injury. D. That the acquisition of the Property described in Exhibit"A" attached hereto is necessary to permit construction and completion of the Project. Without inclusion of the Property, the Project could not be completed. E. That EIR 89-1 is a Program EIR and that no new environmental effect could occur and no new mitigation measures will be required beyond those identified in EIR 89-1. F. That the mitigation measures identified in EIR 89-1 that apply to street widening have been incorporated into the Project. G. That the street widening to be accomplished by the Project is itself a mitigation measure identified by EIR 89-1. H. That offers of just compensation pursuant to Government Code Section 7267.2 have been made to all owners of record of the Property, that reasonable diligence has been used to locate every interested owner, arid.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. I. That due to the refusal 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. 3 4\s:G:Resol:Garfwide\11/23/94 All persons whose names and addresses appear on the last equalized assessment roll for the Property were given notice of the intention of the City to adopt a Resolution of Public Necessity and to direct the institution of eminent domain proceedings, and informing them of the right to be heard on said matter pursuant to the Code of Civil Procedure Section 1245.235; and A public hearing was held by the City Council on December 5, 1994, at which the matter set forth above and in Code of Civil Procedure Section 1240.030 were discussed, including the following matters: (a)whether the public interest and necessity require the acquisition of the Property; (b)whether the street widening 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 street widening project; and (d)whether an offer of just compensation pursuant to Government Code Section 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: A. That the City Council, pursuant to Government Code Sections 37350.5 and 40404(a)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. The Project is mandated by the City's General Plan and the City's Zoning Ordinances identifying the Property as a necessary site for such street widening. 2 4\s:G:Resol:Garfwide\I 1/23/94 I That the public interest and necessity require acquisition of an easement for street and public utility purposes and that such acquisition is necessary for the Project. K. 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, and is more particularly described in the legal descriptions collectively attached hereto as Exhibit"A", previously incorporated herein. Section 3. The City Attorney, in conjunction with special counsel, the law firm of Rutan& Tucker, is hereby authorized and directed 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 the property by eminent domain for the public use described herein, to make application for possession of the Property prior to judgment, and to do all things necessary to prosecute the action to its final determination in accordance with the provisions of law applicable thereto. 4 4\s:G:Resol:Garfwide\11/23/94 Section 4. City Council staff is hereby authorized and directed 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 5 t h day of Dpcembtmr , 1994. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City A orne .,2�r.�d I/- Zy3 Ssc REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Direct of Public Works APPROVED AS TO FORM: Special Counsel, Rutan& Tucker 5 4\s:G:Reso1:Garfwide\11/23/94 EXHIBIT"A" LEGAL DESCRIPTION A.P. NO. 111-110-07 BEING THOSE PORTIONS OF LOTS 10, 11 AND 12 IN BLOCK "E" 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 SOUTHERLY .OF A LINE RUNNING NORTHWESTERLY FROM A POINT ON THE EASTERLY LINE OF SAID LOT 10, SAID POINT BEING 50.00 FEET NORTHERLY MEASURED AT RIGHT ANGLES FROM THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN AS SHOWN ON SAID MAP, TO A POINT THAT IS.60.00 FEET NORTHERLY, MEASURED AT RIGHT ANGLES, FROM THE SOUTH LINE OF SAID SOUTHWEST QUARTER AND 32.00 FEET EASTERLY OF THE WEST LINE OF SAID LOT 12. TOGETHER WITH THE SOUTH 32.00 FEET OF THE WEST 32.00 FEET OF SAID LOT 12.- TOGETHER WITH THAT PORTION OF SAID LOT 12 LYING SOUTHWESTERLY OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 32.00 FEET, SAID CURVE BEING TANGENT ON THE SOUTH TO A LINE PARALLEL WITH AND 60.00 FEET NORTHERLY, MEASURED AT RIGHT ANGLES, FROM THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 35, AND TANGENT ON THE WEST TO THE WEST LINE OF SAID LOT 12. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHT-OF- WAY, EASEMENTS AND LEASES OF RECORD, IF ANY. - VWDEN & EXHIBIT "A" LEGAL DESCRIPTION SOCIATES A.P. NO. 111-110-07 CIVIL ENGINEERS—PLANNERS—LAND SURVEYORS 0879-273-8 06/18/93 18012 COWAN.SUITE.210 • IRVINE.CA 92714 WO.No. Date 7141660-0110 FAX:660-0418 En r. D Chk. DW _ _ Sheat 1 Ot 2 . EXHIBIT "A" LEGAL DESCRIPTION A.P. NO. 111-110-10 BEING THAT PORTION OF LOT 6 IN BLOCK"E" 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 SOUTHERLY OF A LINE PARALLEL WITH AND 50.00 FEET NORTHERLY, MEASURED AT RIGHT ANGLES FROM THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN ON SAID MAP . AS SHOWN ON EXHIBIT "BII ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHT OF WAY AND EASEMENTS OF RECORD, IF ANY. Q�pf ESS/p � ►DIE F . . 19402 IOWF A EXHIBIT 'A LDEN & LEGAL DESCRIPTION SSOCIATES A.P. NO. 111-110-10 CIVIL ENGINEERS—PLANNERS—LAND SURVEYORS 0879-273-8 06/18/93 IRA17cy%wA u clime'01n . vn.r..." ... ...... WA Nn n••_ EXHIBIT "A" LEGAL DESCRIPTION A.P. NO. 111-110-14 BEING THAT PORTION OF LOT 2 IN BLOCK"E" 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 SOUTHERLY OF A LINE RUNNING NORTHEASTERLY FROM A POINT ON THE WESTERLY LINE OF SAID LOT 2, SAID POINT BEING 50.00 FEET NORTHERLY MEASURED AT RIGHT ANGLES FROM THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN ON SAID MAP, TO A POINT THAT IS 60.00 FEET NORTHERLY, MEASURED AT RIGHT ANGLES, FROM THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 35, AND 64.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE OF CRYSTAL STREET (CRYSTAL AVENUE AS SHOWN ON SAID MAP) 60.00 FEET WIDE. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS,RESERVATIONS, RESTRICTIONS, RIGHT-OF-.- WAY, EASEMENTS AND LEASES OF RECORD, IF ANY. Q�pf ESSIp l 1� .0. 19402 Expo_30.93 Jr CIVN 9lE OF CA1�E�� EXHIBIT "AR' ALDEN & LEGAL DESCRIPTION SSOCIATES A.P. NO. 111-110-14 CIVIL ENGINEERS—PLANNERS—LAND SURVEYORS MCO.NO. 0879-273-8 oal� 06/18/93 19012 COWAN.SUITE 210 • IRVINE,CA 92714 7141660.0110 FAX.660-0418 En9r. T)r._ Chk. DW of 2 EJHIIBTT-"A" LEGAL DESCRIPTION A.P. NO. 111-130-05 BEING THAT PORTION OF LOT 5 IN BLOCK"D" OF THE GARFIELD STRirET 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 NORTHERLY OF A LINE PARALLEL WITH AND 60.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES FROM THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 6 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN ON SAID MAP'. EXCEPTING THEREFROM THAT PORTION DESCRIBED IN THAT CERTAIN EASEMENT FOR ROAD PURPOSES RECORDED APRIL 7, 1965, IN BOOK 7474, PAGE 215 OF OFFICIAL RECORDS. 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. Q�IOE ESSlo a b. 19402 •3093 � d} CfVil VWSODEN & _ EXHIBIT "A"LEGAL DESCRIPTION CIATES A.P. NO. 111-130-05 CIVIL ENGINEERS—PLANNERS—LAND SURVEYORS 0879-273-8 06/16/93 18012 COWAN,SUITE 210 • IRVINE.CA 92714 1K0.No. Date 714/660.0110 FAX:6604419 Engr. DC Chk. DW Sh••t 1 Ot 2 EX 031T "A" LEGAL DESCRIPTION A.P. NO. 111-130-11 AND NO. 111-130-12 BEING THOSE PORTIONS OF LOT 12 IN BLOCK "D" OF THE. GARFIELD STREET ADDITION TO THE CITY OF 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: - THAT.PORTION OF SAID LOT 12 LYING NORTHERLY OF A LINE PARALLEL WITH AND 60.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES FROM THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 6 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN,AS SHOWN ON SAID MAP. TOGETHER WITH THAT PORTION OF SAID LOT 12 LYING WESTERLY OF A LINE PARALLEL WITH AND 60.00 FEET.EASTERLY, MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF THE SAID NORTHWEST QUARTER OF SECTION 2. ALSO,TOGETHER WITH THAT PORTION OF SAID LOT 12 LYING NORTHWESTERLY OF A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 32.00 FEET, SAID CURVE BEING TANGENT TO A LINE PARALLEL WITH AND 60.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 2, AND TANGENT TO A LINE PARALLEL WITH AND 60.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES FROM THE NORTH LINE OF SAID NORTHWEST QUARTER OF SECTION 2. AS SHOWN' ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHT OF NSS 4Aa�WAY AND EASEMENTS OF RECORD, IF ANY. Exp - EXHIBIT "A" Im ��� ALDEN_ .& LEGAL DESCRIPTION SSOCIATES A.P. NO. 111-130-11 AND NO. 111-130-12 CIVIL ENGINEERS-PLANNERS-LAND SURVEYORS W.0 NO. 0879-273-8 Date: 06/16/93 19012 COWAN.SUITE 210 • IRVINE.CA 92714 714/660-0110 FAX:660• 419 1 Engr. D.C. Chk. D.W. Sheet 1 of 2 EXHIBIT "A" LEGAL DESCRIPTION A.P. NO. 111-140-01 BEING THAT PORTION OF LOTS 1 AND 2 IN BLOCK "C" 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 NORTHERLY OF A LINE PARALLEL WITH AND 60.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES FROM THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 6.SOUTH, RANGE I I WEST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN ON SAID MAP; TOGETHER WITH THAT PORTION OF LOT 1 LYING NORTHEASTERLY OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 32.00 FEET BEING TANGENT ON THE EAST TO THE EAST LINE OF SAID LOT 1 AND BEING TANGENT ON THE NORTH TO A LINE PARALLEL WITH AND 60.00 FEET SOUTHERLY MEASURED AT RIGHT ANGLES FROM SAID NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 2. 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. Q;:Of:SS'lpyA.� ,moo `p►NE !fy 9402 xo�-� civiv- .�� OF IWDEN '& LEGAL DESCRIPTION SOCIATES A.P. NO. 111-140-01 CIVIL ENGINEERS=PLANNERS—LAND SURVEYORS 0879-273-8 06/16/93 EXHIBIT "A" LEGAL DESCRIPTION A.P. NO. 111-140-04 BEING THAT PORTION OF LOT 5 IN BLOCK"C" 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 79 PAGES 27 AND 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHERLY OF A LINE PARALLEL WITH AND 60.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES FROM THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 6 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN ON SAID MAP . 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. Q�pEESSID �a ENE / F yam. •3a93 � JWDEN 8� . Exx1BIT 'IA"LEGAL DESCRIPTION SOCIATES A.P. NO. 111-140-04 CIVIL ENGINEERS-PLANNERS-LAND SURVEYORS a No. 0879-273-8 D.1� 06/16/93 19012 COWAN.SUITE 210 • IRVINE,CA 92714 , EXHIBIT "A" LEGAL DESCRIPTION A.P. NO. 111-14M5 BEING THAT PORTION OF LOT 6 IN BLOCK"C" 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 NORTHERLY OF A LINE PARALLEL WITH AND 60.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES FROM THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 6 SOUTH, RANGE 11 WEST; SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN ON SAID MAP . 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. u`a sioN�� . 19402 Exp43a93 J}� CIVIL OF CXIVN, EXHIBIT 'A" VWDEN & LEGAL DESCRIPTION SOCIATES A.P. NO. 111-140-05 CIVIL ENGINEERS—PLANNERS—LAND SURVEYORS 0879-273-8 06/16/93 18012 COWAN,SUITE 210 • IRVINE,CA 92714 W0.No. Date 7141660-0110 FAX:6604418 Enar. DC Chk. DW Shott 1 01 2 EXHIBIT "A" LEGAL DESCRIPTION A.P. NO. 111-140-06 BEING THOSE PORTIONS OF LOTS 7 AND 8 IN BLOCK"C" 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 NORTHERLY OF A LINE PARALLEL WITH AND 60.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES FROM THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 6 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN ON SAID MAP . 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. V QROFESSi .b. 19402 Exp9-3 0-9 OVIL �!I' \jE Of`CAS EXHIBIT "A" . VWLDEN & LEGAL DESCRIPTION SSOCIATES A.P. NO. 111-140-06 aVIL ENGINEERS—PLANNERS—LAND SURVEYORS 0879-273-8 06/16/93 18012 COWAN.SUITE 210 • IRVINE.CA 92714 WO.NO._ _ _ Date - EXHIBIT "A" LEGAL DESCRIPTION A.P. NO. 111-140-08 BEING THAT PORTION OF LOT 11 IN BLOCK "C" 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 NORTHERLY OF A LINE PARALLEL WITH AND 60.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES FROM THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 6 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN ON SAID MAP . 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. Q�pf ESSIpy� O � . 19402 Exp - ag3 CN1t- elf OF EXHIBIT "A" kDEN � & LEGAL DESCRIPTION SOCIATES A.P. NO. 111-140-08 CIVIL ENGINEERS—PLANNERS—LAND SURVEYORS MCO.No. 0879-273-8 Date 06/16/93 19012 COWAN.SUITE 210• IRVINE.CA 92714 DC rti� DW Ch-,, 1 Of 2 714/660-0110 FAX:8Rl14 lR c..... EXHIBIT "A" LEGAL DESCRIPTION A.P. NO. 111-140-09 BEING" THAT PORTION OF LOT 12 IN BLOCK "C" 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 NORTHERLY OF A LINE PARALLEL WITH AND 60.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES FROM THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 6 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN ON SAID MAP; TOGETHER WITH THAT PORTION LYING NORTHWESTERLY OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 32.00 FEET BEING TANGENT ON THE WEST TO A LINE PARALLEL WITH AND 30.00 FEET EASTERLY MEASURED AT RIGHT ANGLES TO THE CENTERLINE OF STEWART STREET,60.00 FEET WIDE,(SMELTZER AVENUE AS SHOWN ON SAID MAP) AND BEING TANGENT ON THE NORTH TO A LINE PARALLEL WITH AND 60.00 FEET SOUTHERLY MEASURED AT RIGHT ANGLES FROM THE SAID NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 2. 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. QRNESS/p�,q P. . 19402 CrVIL OF DEN & EXHIBIT "A" LEGAL DESCRIPTION SSOCIATES A.P. NO. 111-140-09 CIVIL ENGINEERS—PLANNERS—LAND SURVEYORS 0879-273-8 -06/16/93 18012 COWAN.SUITE 210 0' IRVINE.CA 92714 WO.NO. Date 714/660-0110 FAX 660-0418 Engr. DC Chk. DW Shoot—Lot Ot 2 EXHIBIT "A" LEGAL DESCRIPTION A.P. NO. 159-281-03 BEING THAT PORTION OF LOT 7 IN BLOCK"A" 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 79 PAGES 27 AND 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHERLY OF A LINE PARALLEL WITH AND 60.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES FROM THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 6 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN ON SAID MAP; TOGETHER WITH THAT PORTION LYING NORTHWESTERLY OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 32.00 FEET, SAID CURVE BEING TANGENT ON THE WEST TO THE WEST LINE OF SAID LOT 7 AND BEING TANGENT ON THE NORTH TO A LINE PARALLEL WITH AND 60.00'FEET SOUTHERLY MEASURED AT RIGHT ANGLES FROM THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 2. EXCEPTING THEREFROM THAT PORTION DESCRIBED IN A DEED RECORDED JUNE 26, 1961 IN BOOK 5765 PAGE 950, OFFICIAL RECORDS OF SAID COUNTY. 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. Q Of ESSIpy, . 19402 � 30. � st9rf CIVIL L,E EXHIBIT A ALDEN & LEGAL DESCRIPTION SSOCIATES A.P. NO. 159-281-03 CIVIL ENGINEERS—PLANNERS—LAND SURVEYORS 0879-273-8 06/23/93 18012 COWAN.SUPTE 210• IRVINE,CA 92714 WO.No. Date nr - n - . , _. 1) Res. No. 6655 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 12th of December, 1994 the following vote: AYES: Councilmembers: Silva, Bauer, Sullivan, Leipzig, Dettloff, Green NOES: Councilmembers: None ABSENT: Councilmembers: Garofalo (out of room) City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 12-05-94 11 :20AM FROM 111 TO CITY CLERK POI WEAVER & THOMAS 19061 CRYSTAL STREET HUNTINGTON BEACH. CALIFORNIA 92848 TELEPHONE 714.536.8223 December 5, 1994 714 848-0097 Huntington Beach City Council o 2000 Main Street C' Huntington Beach, Ca 92648 cc�T RE: POWER OF EMINENT DOMAIN - PARCELS AFN-111-140-05rn APN--111-140-06 APN-111-140-08 =' Honorable Mayor and City Council Members: Weaver & Thomas and Weaver & Mola would like to go on record to protest the Power of Eminent Domain on Parcels: APN-111-140-05 and APN-111-140-06, APN-111-140-08 along with other Parcels, Lot 7 and Lot 8 in Block C of Garfield Street additions to Huntington Beach as shown on a Map recorded in Book 7, Page 27 and 28, miscellaneous maps records of: Orange .County, California. We have had numerous meetings with Mr. Dan Brennan and Mr. Paul Larkin, Representatives of the City of Huntington Beach. We have reached an agreement on most decisions regarding price, etc. Therefore, we ask that you don't exercise your Power of Eminent. Domain. And leave it to be negotiated at a Fair Price. Again I would like to thank each and every one of you for having a fair attitude toward the landowners on the Garfield Street widening. We are proud of our Council. Thank you for your consideration. Sincerely, Carl M. Weaver DD DEC 051994 CITY OF HUNTINGTON MCH CMW/gg CITY COWNCIL OFFICE September 26, 1994 Dear The enclosed offer is the City's final and last offer for the acquisition of the described property for Street Right-of-Way and Utility purposes. If we have not received a positive response from you within 30 days, or by October 21, 1994, we will follow the below described procedure: The law provides the procedure for public agencies to acquire private property for public use. It presently requires that every agency which intends to condemn property must notify the owners of that property of its intention to condemn. Such notice must be prior to submission of an authorizing resolution to the City Council for adoption. The purpose of the Notice of Intent is to advise you that acquisition of your property will be sought through judicial process if an amicable agreement is not reached. Please be advised that the offers being forwarded to the City Attorney and the potential initiation of further proceedings does not preclude continued negotiations through all steps of the acquisition process. Agreement between an owner and the City may be delayed for a variety of good reasons; however, in order to maintain a schedule for construction of this property, certain procedural steps must be taken. One such step is to advise an owner of our intent to acquire property through court proceedings. The project which requires your property is now scheduled for construction in the near future. A legal description of the required property, an excerpt from the appraisal, together with a copy of the City's offer is also attached. A Notice of Intent will be mailed to you which gives you an opportunity to appear before the Huntington Beach City Council to raise questions concerning the public interest, necessity, and location of the project as it affects your property. The subject of the amount of compensation for your property is not an issue for the City Council and it will not be considered by them. If the Resolution is adopted, the City has the authority to file an eminent domain action in the Superior Court. In that Superior Court proceeding, the amount of condemnation is determined. If you desire to appear before the City Council and give proper notice of appearance, you will be notified of the date, time and full address of the meeting place. If you have any questions regarding the procedure, you may call Paul Larkin at (174) 536-5445. Sincerely, DAN M. BRENNAN, Director Real Estate Services Division DMB:skd INTENT.DOC 09/26/94 2:26 PM Assesor's Parcel Number Owner's Ma AP #111-110-07 Weaver/Mola/Thomas, et al 1 AP #111-110-10 Weaver/Mola/Thomas, et al 2 AP #111-110-14 Taylor 3 .AP #111-130-05 Ashby 4 AP #111-130-11, 12 Mills - 5 AP #111-140-01 Weaver/Mola/Thomas oil well 6 AP #111-140-64, 05, 06 Weaver//Mola/Thomas 7 AP #111-140-08 Weaver/Mola/Tho.mas 8 AP #111-140-09 Loma Linda University 9 AP #159-281-03 Hassett 10 • f'� CC� UiSITi o N� � � � t���� . %X o • a `` �FuTuRE G0rlm - CRY5rAL — �i �r 2- �' 7 + za srEwARr -` i AREA MAPS 4F-4 � L.L -C) i - :GOLDEN wEs r — Jt 4I4 , / 00, t CIJ ELk) G 6 r 1-1 fl Q o WE'LL. Ali 2 J P 3 •PAR.2 b 2 4 ;, SO• J �2� . S PAR./ 1 ...... . .. .. OI R.S.114.19 6 I t is !8• re'I!t• B I r g ioi• I I e >o• �f _ l , . o o AdS I � O r ll STREET - R El T D 3 E. ACQU I RE D BY MARCH i ASSESSOR'S BOOK III N COUNTY OF THIS MAP WAS PRtOARED FOR COUNTY ASSESSOR DEPT PURF THE ASSESSOR.MAKES NO GUA ITS:ACCURACY NOR ASSUMES; FOR OTHER USES NOT TO BE RI I ALL RIGHTS RESERVED.•"- : AP�"ww"AT ORANGE r S TEWART 404 27 s o li 6 � 2 G 4J 1 , W ° O CC i v 2BNF 32 .Z101s : —GOL DEN WEST _o I I MCA, To �E F�CQu Ie-ED MARCH 1951 - i LSS. R.//W. _ o' T. S S. R.//IY. AVENUE -- - GARFIELD T.6S. R.//W. T. 6 S. R.//W, o AVENUE �. o • 4 0 • zs' 75: so• so• •• so ii too, ao' ® M h O O O O O �/ y � fJi•. .• I IlO NIP H O •C� I I .�• I �+ � ��• s�. a1 � q w N Y� V o1 ". `•i H •A Iry 1 �v iti�' `�� O n -In CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: Honorable Mayor and Members of the City Council FROM: �K&ail Hutton, City Attorney DATE: November 23, 1994 SUBJECT: Mayor's Statement Before Hearing on Eminent Domain Resolution City Council Meeting: December 5, 1994 Agenda Item• Before the hearing on the Resolution of Necessity for the Garfield Street Widening Project at the City Council meeting on December 5, 1994, the Mayor should announce the following: 1. This agenda item is a specially noticed hearing held under Code of Civil Procedure Section 1245.235. Only those persons who have been specially noticed and have previously requested to appear and be heard, or their designees, under Code of Civil Procedure Section 1245.235, shall be heard at this time. 2. The subject matter of this special hearing is limited to the following items: A. Whether the public interest and necessity require the proposed 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 described in the resolution is necessary for the proposed project. 3. The amount of compensation is not at issue during this public hearing. It will > e decided by the courts at a later date, should the resolution be adopted. GA4\mayorstm.doc\11/23/94 Mayor and Members of the City Council November 23, 1994 Page 2 4. A two-thirds majority is required to adopt the resolution. Other comments by the Mayor, as appropriate, may also be made, but the above items 1 through 4 must be stated before opening the special hearing. ��� _ Gail Hutton City Attorney cc: Michael Uberuaga, City Administrator Connie Brockway, City Clerk Dan Brennan, Real Property Manager GA4\mayorstm.doc\l 1/23/94 PROOF OF SERVICE STATE OF CALIFORNIA: ss. COUNTY OF ORANGE: I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action;my business address is: 2000 Main Street,P.O. Box 190,Huntington Beach, CA 92648. On November r? , 1994,I served the foregoing document described as: NOTICE OF INTENTION TO ADOPT A RESOLUTION OF NECESSITY FOR ACQUISMON OF CERTAIN REAL PROPERTY LOCATED ON GARFIELD AVENUE IN THE CITY OF HUNTINGTON BEACH (APN 159-281-03) on the interested parties in this action by placing a true copy thereof in a sealed envelope addressed as follows: See attached list a. [X] BY MAIL--I caused such envelope to be deposited in the mail at Huntington Beach, California. The envelope was mailed with postage thereon fully prepaid. I am"readily familiar" with firm's practice of collection and processing correspondence.for mailing. It is deposited with U.S. Postal Service on that same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than 1 day after date of deposit or mailing in affidavit. . b. [J BY MAIL--By depositing a true copy thereof in a sealed envelope with postage thereon fully prepaid in the United States mail at Huntington Beach,California,addressed to the address shown above. c. [J BY DELIVERY BY HAND to the office of the addressee. d. [] BY PERSONAL DELIVERY to the person(s)named above. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on November 1994,at Huntington Beach, California. C:PDA-HasseMl 1/17/94 Gloria Brandeson Hassett c/o Speers,Dana, Teal&Balfour 611 Anton Blvd., Suite 790 Costa Mesa, CA 92626 Gloria Bradeson Hassett 121 Via Menton Newport Beach, CA 92660 Gloria Bradeson Hassett 19002 Holly Street Huntington Beach, CA 92648 George G. Renner 807 Frankfort Street Huntington Beach, CA 92648 i C:PDAHassW\I 1/17194 PROOF OF SERVICE STATE OF CALIFORNIA: ss. COUNTY OF ORANGE: I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action;my business address is: 2000 Main Street, P.O. Box 190,Huntington Beach, CA 92648. On November ' i'' ,1994, I served the foregoing document described as: Notice of Intention to Adopt a Resolution of Necessity for Acquisition of Certain Real Property Located on Garfield Avenue in the City of Huntington Beach (APN 111-140-09) on the interested parties in this action by placing a true copy thereof in a sealed envelope addressed as follows: Loma Linda University c/o Foundation Adm. Loma Linda Calif., CA 92350 a. [X] BY MAIL--I caused such envelope to be deposited in the mail at Huntington Beach, California. The envelope was mailed writh postage thereon fully prepaid. I am"readily familiar"with firm's practice of collection and processing correspondence for mailing. It is deposited with U.S. Postal Service on that same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than 1 day after date of deposit for mailing in affidavit. b. [] BY MAIL--By depositing a true copy thereof in a sealed envelope with postage thereon fully prepaid in the United States mail at Huntington Beach, California, addressed to the address shown above. c. [] BY DELIVERY BY HAND to the office of the addressee. d. [] BY PERSONAL DELIVERY to the person(s)named above. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on November /` , 1994, at Huntington Beach, California. 4 4\c\G:PDA:Garfie1dA11o1a4\11/17/94 PROOF OF SERVICE STATE OF CALIFORNIA: ss. COUNTY OF ORANGE: I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action; my business address is: 2000 Main Street, P.O. Box 190, Huntington Beach, CA 92648. 0 On November , ,1994, 1 served the foregoing document described as: Notice of Intention to Adopt a Resolution of Necessity for Acquisition of Certain Real Property Located on Garfield Avenue in the City of Huntington Beach (APN 111-140-08) on the interested parties in this action by placing a true copy thereof in a sealed envelope addressed as follows: See attached list a. [X]- BY MAIL--I caused such envelope to be deposited in the mail at Huntington Beach, California. The envelope was mailed with postage thereon fully prepaid. I am"readily familiar"with firm's practice of collection and processing correspondence for mailing. It is deposited with U.S. Postal Service on that same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than 1 day after date of deposit for mailing in affidavit. b. [] BY MAIL--By depositing a true copy thereof in a sealed envelope with postage thereon fully prepaid in the United States mail at Huntington Beach, California, addressed to the address shown above. c. [] BY DELIVERY BY HAND to the office of the addressee. d. [] BY PERSONAL DELIVERY to the person(s)named above. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. u� Executed on November / , 1994, at Huntington Beach, California. ;J 4 4\s\G:PDA:Garfie1d:Mo1a4\11/18/94 Weaver& Mola, a General Partnership c/o Mola Development Corporation 8072 Adams Avenue Huntington Beach, CA 92646 Clark Financial Corporation, et al. c/o Gibson, Dunn& Crutcher 800 Newport Center Drive, #700 Newport Beach, CA 92660 Cabo Del Mar Homeowners Association c/o Fiore, Nordberg, Walker, Woolf-Willis C. Mark Hopkins, Esq. 2301 Dupont Drive, Suite 500 Irvine, CA 92715 GTE California Incorporated c/o David J. Gudino One GTE Place, CA 500LB Thousand Oaks, CA 91362 Title Insurance Company of Minnesota c/o Rick Dosa, Esq. 333 Bush Street,.Suite 2000 San Francisco, CA 94104 Weaver/Mola/Thomas et al 19061 Crystal Street Huntington Beach, CA 92648 5 4h\G:PDA:Garfie1d:Mo1a4\11/18/94 PROOF OF SERVICE STATE OF CALIFORNIA: ss. COUNTY OF ORANGE: I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action;my business address is: 2000 Main Street, P.O. Box 190,Huntington Beach, CA 92648. On November f 9 ,1994, I served the foregoing document described as: Notice of Intention to Adopt a Resolution of Necessity for Acquisition of Certain Real Property Located on Garfield Avenue in the City of Huntington Beach (APN 111-140-06) on the interested parties in this action by placing a true copy thereof in a sealed envelope addressed as follows: See attached list a. [X] BY MAIL—I caused such envelope to be deposited in the mail at Huntington Beach, California. The envelope was mailed with postage thereon fully prepaid. I am"readily familiar"with firm's practice of collection and processing correspondence for mailing. It is deposited with U.S. Postal Service on that same day.in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than 1 day after date of deposit for mailing in affidavit. b. [] BY MAIL--By depositing a true copy thereof in a sealed envelope with postage thereon fully prepaid in the United States mail at Huntington Beach,California, addressed to the address shown above. c. [] BY DELIVERY BY HAND to the office of the addressee. d. [] BY PERSONAL DELIVERY to the person(s)named above. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on November 1994,at Huntington Beach, California. 4 4\s\G:PDA Garfield:Mola3\11/17/94 Weaver&Mola, a General Partnership Weaver&Mola, a California General Partnership c/o Mola Development Corporation 19061 Crystal Street Attn: Peter Von Elten Huntington Beach, CA 92648 8072 Adams Avenue Huntington Beach, CA 92646 Mola Development Corporation Mola Development Corporation 8072 Adams Avenue 19061 Crystal Street Huntington Beach, CA 92646 Huntington Beach, CA 92648 Zions First National Bank State of California As Trustee for.and on behalf of Franchise Tax Board Charter Centre Mortgage Investors' Trust Sacramento, CA 95867 c/o Richard G. Duncan, Jr. D. Douglas Cotton Title Insurance Company of Minnesota Georgia Vanites Hogan c/o Rick Dosa, Esq. Gibson, Dunn& Crutcher 333 Bush Street, Suite 2000 800 Newport Center Dr., Suite 700 Newport Beach, CA 92660 Resolution Trust Corporation As Receiver for OCB Reprographics, Inc. First Network Savings Bank c/o Gerald A. Garrett, Esq. and .Law Offices of Gerald A Garrett First Network Federal Savings Bank 3100 Bristol Street, Suite 250 c/o E. George Joseph/Meredith L. Caliman Costa Mesa, CA 92626 Nossaman, Guthner, Knox&Elliott 445 S. Figueroa Street, 31 st Floor Los Angeles, CA 90071-1602- 5 4\s\G:PDA:Garfield:Mola3\11/17/94 PROOF OF SERVICE STATE OF CALIFORNIA: ss. COUNTY OF ORANGE: I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action;my business address is: 2000 Main Street, P.O. Box 190,Huntington Beach, CA 92648. On November 1994, 1 served the foregoing document described as: Notice of Intention to Adopt a Resolution of Necessity for Acquisition of Certain Real Property Located on Garfield Avenue in the City of Huntington Beach (APN I I1-14044) on the interested parties in this action by placing a true copy thereof in a sealed envelope addressed as follows: See attached list a. [X] BY MAIL--I caused such envelope to be deposited in the mail at Huntington Beach, California. The envelope was mailed with postage thereon fully prepaid. I am"readily familiar"with firm's practice of collection and processing correspondence for mailing. It is deposited with U.S. Postal Service on that same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than 1 day after date of deposit for mailing in affidavit. b. [] BY MAIL--By depositing a true copy thereof in a sealed envelope with postage thereon fully prepaid in the United States mail at Huntington Beach, California, addressed to the address shown above. c. [-] BY DELIVERY BY HAND to the office of the addressee. d. [] BY PERSONAL DELIVERY to the person(s)named above. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on November /b, , 1994, at Huntington Beach, California. r. 4 4\&\G:PDA:Garfie1d:Mo1a\11/17/94 Weaver&Mola, a California General Partnership Weaver&Mola, a California General Partnership 8072 Adams Avenue 19061 Crystal Street Huntington Beach, CA 92646 Huntington Beach, CA 92648 Mola Development Mola Development 8072 Adams Avenue 19061 Crystal Street Huntington Beach, CA 92646 Huntington Beach, CA 92648 Mola Development Corp. Mola Development Corporation 17011 Beach Blvd., 1000 c/o Philip J. Giacinti, Jr. Huntington Beach, CA 92647 Procopio, Cory, Hargreaves and Savitch 530 B. Street, Suite 1900 Mola Development Corporation San Diego, CA 92101 5200 Warner, No. 209 Huntington Beach, CA 92649-4033 Mola Development c/o Frank Mola 4699 Jamboree Road Newport Beach, CA 92660 Carl M. Weaver Carl M. Weaver 8072 Adams Avenue 19061 Crystal Street Huntington Beach, CA 92646 Huntington Beach, CA 92648 5 41s1G:PDA:Garfield:Mofa 1I 1/17/94 PROOF OF SERVICE STATE OF CALIFORNIA: ss. COUNTY OF ORANGE: I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action;my business address is: 2000 Main Street, P.O. Box 190,Huntington Beach, CA 92648. On November /'e'' ,1994, 1 served the foregoing document described as: Notice of Intention to Adopt a Resolution of Necessity for Acquisition of Certain Real Property Located on Garfield Avenue in the City of Huntington Beach (APN 111-140-05) on the interested parties in this action by placing a true copy thereof in a sealed envelope addressed as follows: See attached list a. BY MAIL—I caused such envelope to be deposited in the mail at Huntington Beach, California. The envelope was mailed with postage thereon fully prepaid. I am"readily familiar"with firm's practice of collection and processing correspondence for mailing. It is deposited with U.S. Postal Service on that same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than 1 day after date of deposit for mailing in affidavit. b. [] BY MAIL--By depositing a true copy thereof in a sealed envelope with postage thereon fully prepaid in the United States mail at Huntington Beach, California, addressed to the address shown above. c. [] BY DELIVERY BY HAND to the office of the addressee. d. [J BY PERSONAL DELIVERY to the person(s)named above. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on November �` , 1994, at Huntington Beach, California. 4 4\s\G:PDA:Garfie1d:Mo1a\11/17/94 Weaver& Mola, a General Partnership Weaver&Mola, a California General Partnership c/o Mola Development Corporation 19061 Crystal Street Attn: Peter Von Elten Huntington Beach, CA 92648 8072 Adams Avenue Huntington Beach, CA 92646 Clark Financial Corporation, et al. State of California c/o Gibson, Dunn& Crutcher Franchise Tax Board 800 Newport Center Drive, #700 Sacramento, CA 95812-2952 Newport Beach, CA 92660 Special Procedures Section Cabo Del Mar Homeowners Association P.O. Box 2952 c/o Fiore, Nordberg, Walker, Woolf-Willis Sacramento, CA 95812-2952 C. Mark Hopkins, Esq. 2301 Dupont Drive, Suite 500 Irvine, CA 92715 5 4\s\G:PDA:Ga�e1d:Mo)a\11/17/94 PROOF OF SERVICE STATE OF CALIFORNIA: ss. COUNTY OF ORANGE: I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action;my business address is: 2000 Main Street, P.O. Box 190,Huntington Beach, CA 92648. On November 1994,I served the foregoing document described as: NOTICE OF INTENTION TO ADOPT A RESOLUTION OF NECESSITY FOR ACQUISITION OF CERTAIN REAL PROPERTY LOCATED ON GARFIELD AVENUE IN THE CITY OF HUNTINGTON BEACH (APN 111-140-01) on the interested parties in this action by placing a true copy thereof in a sealed envelope addressed as follows: See attached list a. [X] BY MAIL--I caused such envelope to be deposited in the mail at Huntington Beach, California. The envelope was mailed with postage thereon fully prepaid. I am"readily familiar"with firm's practice of collection and processing correspondence for mailing. It is deposited.with U.S. Postal Service on that same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than 1 day after date of deposit or mailing in affidavit. b. [] BY MAIL--By depositing a true copy thereof in a sealed envelope with postage thereon fully prepaid in the United States mail at Huntington Beach, California,addressed to the address shown above. c. [] BY DELIVERY BY HAND to the office of the addressee. d. [J BY PERSONAL DELIVERY to the person(s)named above. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on November 1994, at Huntington Beach, California. v 4\C:PDA94:Telford\11/17/94 Weaver/Mola/Thomas et al 19061 Crystal Street Huntington Beach, CA 92648 James Luther Telford c/o Curtis C. Legerton 3895 Sherington Place, T-110 Newport Beach, CA 92660 James Luther Telford Go Lorayne Telford P.O. Box 565 Liberty, Texas 77576 Lorayne Telford P.O. Box 565 Liberty, Texas 77575 Lorayne Telford c/o Ross, Ross & Dyer Attorneys at Law 2001 Wilshire Boulevard, Ste. 409 Santa Monica, CA 90403 PROOF OF SERVICE STATE OF CALIFORNIA: ss. COUNTY OF ORANGE: I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action;my business address is: 2000 Main Street, P.O. Box 190, Huntington Beach, CA 92648. On November 11994, I served the foregoing document described as: Notice of Intention to Adopt a Resolution of Necessity for Acquisition of Certain Real Property Located on Garfield Avenue in the City of Huntington Beach (APN 111-130-11 & 12) on the interested parties in this action by placing a true copy thereof in a sealed envelope addressed as follows: Elizabeth Jane Mills 3260 Farmington Drive Atlanta,GA 30339 a. [X] BY MAIL--I caused such envelope to be deposited in the mail at Huntington Beach, California. The envelope was mailed with postage thereon fully prepaid. I am"readily familiar"with firm's practice of collection and processing correspondence for mailing. It is deposited with U.S. Postal Service on that same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than 1 day after date of deposit for mailing in affidavit. b. _[) BY MAIL--By depositing a true copy thereof in a sealed envelope with postage thereon fully prepaid in the United States mail at Huntington Beach, California, addressed to the address shown above. c. [J BY DELIVERY BY HAND to the office of the addressee. d. [J BY PERSONAL DELIVERY to the person(s)named above. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and. correct. J Executed on November /!1 , 1994, at Huntington Beach, California. 4 4\s\G:PDA:Garfie1d:Ashby\11/17/94 PROOF OF SERVICE STATE OF CALIFORNIA: ss. COUNTY OF ORANGE: I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action;my business address is: 2000 Main Street, P.O. Box 190,Huntington Beach, CA 92648. On November 1994, 1 served the foregoing document described as: Notice of Intention to Adopt a Resolution of Necessity for Acquisition of Certain Real Property Located on Garfield Avenue in the City of Huntington Beach (APN 111-130-05) on the interested parties in this action by placing a true copy thereof in a sealed envelope addressed as follows: See attached list a. M BY MAIL--I caused such envelope to be deposited in the mail at Huntington Beach, California. The envelope was mailed with postage thereon fully prepaid. I am"readily familiar"with firm's practice of collection and processing correspondence for mailing. It is deposited with U.S. Postal Service on that same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than 1 day after date of deposit for mailing in affidavit. b. [] BY MAIL--By depositing a true copy thereof in a sealed envelope with postage thereon fully.prepaid in the United States mail at Huntington Beach, California, addressed to the address shown above. c. [] BY DELIVERY BY HAND to the office of the addressee. d. [] BY PERSONAL DELIVERY to the person(s)named above. 1 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on November 1994, at Huntington Beach, California. O 4\s\G:PDA:07Dunn\11/17/94 Richard K. Ashby, Tr. Deanna G. Ashby, Trustee 7072 Garfield Ave. c/o Theodore E. Calleton, Esq. Huntington Beach, CA 92648 c/o. Kindel&Anderson 555 South Flower Street, 26th Floor William W. Ashby, Trustee Los Angeles, CA 90071 c/o William W. Ashby 7072 Garfield Ave. William W. Ashby, Trustee Huntington Beach, CA 92648 c/o William W. Ashby 256 Eucalyptus Hill Drive Santa Barbara, CA 93108 Doralee Ashby,-Trustee c/o Doralee Ashby Doralee Ashby, Trustee 7072 Garfield Ave c/o William W. Ashby Huntington Beach, CA 92648 256 Eucalyptus Hill Drive Santa Barbara, CA 93108 Richard K. Ashby, Trustee c/o Richard K. Ashby Richard K. Ashby, Trustee 7072 Garfield Ave. c/o. Richard K. Ashby Huntington Beach, CA 92648 256 Eucalyptus Hill Drive Santa Barbara, CA 93108 Deanna G. Ashby, Trustee c/o'Deanna G. Ashby Deanna G. Ashby, Trustee 7072 Garfield Ave. c/o Deanna G. Ashby Huntington Beach, CA 92648 256 Eucalyptus Hill Drive Santa Barbara, CA 93108 William W. Ashby, Trustee c/o Theodore E. Calleton, Esq. Stan-Shaw Corporation c/o Kindel& Anderson c/o Citizens Thrift&Loan Association 555 South Flower St., 26th Floor 5556 E. Santa Ana Canyon Road Los Angeles, CA 90071 Anaheim Hills, CA 92807 Doralee Ashby, Trustee c/o Theodore E. Calleton, Esq. c/o Kindel & Anderson 555 South Flower St., 26th Floor Los Angeles, CA 90071 Richard K. Ashby, Trustee c/o Theodore E. Calleton, Esq. c/o Kindel & Anderson 555 South Flower St., 26th Floor Los Angeles, CA 90071 4\s\G:P DA:07 Dunn\11/17/94 PROOF OF SERVICE STATE OF CALIFORNIA: ss. COUNTY OF ORANGE: I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action;my business address is: 2000 Main Street, P.O. Box 190, Huntington Beach, CA 92648. On November i�t .1994, I served the foregoing document described as: Notice of Intention to Adopt a Resolution of Necessity for Acquisition of Certain Real Property Located on Garfield Avenue in the City of Huntington Beach (APN 111-110-14) on the interested parties in this action by placing a true copy thereof in a sealed envelope addressed as follows: Christopher Joseph Taylor 1840 Pine Street Huntington Beach, CA 92648 a. [X] BY MAIL--I caused such envelope to be deposited in the mail at Huntington Beach, California. The envelope was mailed with postage thereon fully prepaid. I am"readily familiar" with firm's practice of collection and processing correspondence for mailing. It is deposited with U.S. Postal Service on that same day in the ordinary course of business. I am aware that on motion of party served,service is presumed invalid if postal cancellation date or postage meter date is more than 1 day after date of deposit for mailing in affidavit. b. [J BY MAIL--By depositing a true copy thereof in a sealed envelope with postage thereon fully prepaid in the United States mail at Huntington Beach, California, addressed to the address shown above. c. [_] BY DELIVERY BY HAND to the office of the addressee. d.. [] BY PERSONAL DELIVERY to the person(s)named above. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on November / ,J , 1994, at Huntington Beach, California. 4\s\G:PDA:07Dunn\1 1/16/94 PROOF OF SERVICE STATE OF CALIFORNIA: ss. COUNTY OF ORANGE: I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action;my business address is: 2000 Main Street, P.O. Box 190,Huntington Beach, CA 92648. On November Lr,1994, I served the foregoing document described as: Notice of Intention to Adopt a Resolution of Necessity for Acquisition of Certain Real Property Located on Garfield Avenue in the City of Huntington Beach (APN I11-110-07) on the interested parties in this action by placing a true copy thereof in a sealed envelope addressed as follows: See attached list a. [X]. BY MAIL--I caused such envelope to be deposited in the mail at Huntington Beach, California. The envelope was mailed with postage thereon fully prepaid. I am"readily familiar"with firm's practice of collection and processing correspondence for mailing. It is deposited with U.S. Postal Service on that same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than 1 day after date of deposit for mailing in affidavit. b. [] BY MAIL--By depositing a true copy thereof in a sealed envelope with postage thereon fully prepaid in the United States mail at Huntington Beach, California, addressed to the address shown above. c. [J BY DELIVERY BY HAND to the office of the addressee. d.. [] BY PERSONAL DELIVERY to the person(s)named above. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on November 0 , 1994, at Huntington Beach, California. 4\s\G:PDA:07Dunn\1 1/18/94 Robert J. Dunn, Tr., et al. Weaver/Mola/Thomas et al. 19061 Crystal Street 19061 Crystal St. Huntington Beach, CA 92648 Huntington Beach, CA 92648 Robert J. Dunn 714 E.Tujunga Ave. #A Burbank, CA 91501 Jane G. Dunn 714 E. Tujunga Ave. #A Burbank, CA 91501 Jill E. Hansen c/o Miller, Mautino&Campion 13006 E. Philadelphia St. #305 Whittier, CA 90601 Peter Hansen c/o Miller, Mautino &Campion 13006 E. Philadelphia St. 4305 Whittier, CA 90601 Patricia L. Hansen c/o James E. Sloan 2528 Honolulu Avenue Montrose, CA 91020 Gordon L. Jones c/o Orlin C. Peterson 2727 East 7th Street Long Beach, CA 90804 Margaret Tracy c/o Dickinson Thatcher 211 Bristol Road Ojai, CA 93023 Margaret J. Tracy c/o Hancock&Lundgren 1107 J. Street Modesto, CA 95354 Margaret J. Tracy c/o Hancock&Lungren 928 Twelfth Street Modesto, CA 95354 4ls\G:PDA:07 Dunn\11/18/94 PROOF OF SERVICE STATE OF CALIFORNIA: ss. COUNTY OF ORANGE: I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action;my business address is: 2000 Main Street, P.O. Box 190,Huntington Beach, CA 92648. On November 1994, I served the foregoing document described as: Notice of Intention to Adopt a Resolution of Necessity for Acquisition of Certain Real Property Located on Garfield Avenue in the City of Huntington Beach (APN 111-110-10) on the interested parties in this action by placing a true copy thereof in a sealed envelope addressed as follows: See attached list a. M BY MAIL—I caused such envelope to be deposited in the mail at Huntington Beach, California. The envelope was mailed with postage thereon fully prepaid. I am"readily familiar"with firm's practice of collection and processing correspondence for mailing. It is deposited with U.S.Postal Service on that same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than 1 day after date of deposit for mailing in affidavit. b. [] BY MAIL--By depositing a true copy thereof in a sealed envelope with postage thereon fully prepaid in the United States mail at Huntington Beach, California, addressed to the address shown above. c. [] BY DELIVERY BY HAND to the office of the addressee. d. [] BY PERSONAL DELIVERY to the person(s)named above. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and. correct. p Executed on November d , 1994, at Huntington Beach, California. 4\s\G:PDA:07Dunn\1 1/18/94 Robert J. Dunn, Tr., et al. Amy Hill c/o Mr. &Mrs. Robert J. Dunn c/o Coby N. Keller, Esq. 714 E. Tujunga Ave. #A Keller, Kleber&Dobrott Burbank, CA 91501 18300 Von Karman, Suite 910 Irvine, CA 92715 Carl G. Grabe,Trustee 714 E. Tujunga Ave. #A Weaver/Mola/Thomas et al Burbank, CA 91-501 19061 Crystal Street Huntington Beach, CA 92648 George W. Roulette 714 E. Tujunga Ave. #A Burbank, CA 91501 Ray S. Roulette 714 E. Tujunga Ave. #A Burbank, CA 91501 Rex Oil Company,.a California Corporation Attn: Mr. Robert Dunn 5225 Wilshire Blvd., 4618 Los Angeles, CA 90036 Cathryn Grabe Mack c/o Overton, Lymas&Prince 550 South Flower Street, Fifth-Floor Los Angeles, CA 90071 Robert J. Dunn&Jane G. Dunn,.Trustees. 714 E. Tujunga Avenue-#A Burbank, California 91501 Rex Oil Company,a California-Corporation 714 E. Tujunga Avenue-#A Burbank, California 91501 Cathryn Grabe Mack 714 E. Tujunga Avenue=#A Burbank, California 91501 Lloyd Tucker c/o Steven D. Silverstein 695 Town Center Drive, Suite 800 Costa Mesa, CA 92624 State of California Franchise Tax Board Sacramento, California 95867 4\s\G:PDA:07Dunn\]1118/94