HomeMy WebLinkAboutCity Attorney Report for October 15, 2012 City Council MeetiCITY OF IIUNTINGTON BEACH
Interdepartmental Communication
TO: JOAN FLYNN, City Clerk
FROM: JENNIFER McGRATH, City Attorney
DATE: October 10, 2012
SUBJECT: City Attorney Report for October 15, 2012 City Council Meeting
regarding City of Huntington Beach v. Alvarez, et al. (Garfield Widening)
Orange County Superior Court Case No. 07CCO2215
This is a condemnation action brought to acquire 20 feet of additional right-of-way from
four parcels of land to widen Garfield Avenue near Delaware Street, including three
parcels located at 7802 Garfield Avenue. In 2007, the City deposited with the State
Treasurer its estimated value of the property being acquired, in order to obtain an Order
of Possession and proceed with the now completed widening project. After settlement
with the owners of the fourth parcel, and a partial withdrawal of $143,242.55 by the
owners of the three parcels at 7802 Garfield, the sum of $52,632.49 remains on deposit
with the State Treasurer.
In addition to disputing the City's valuation of the property being acquired, the owners of
the three parcels asserted other related damage claims against the City. At its'closed
session of September 17, 2012, the City Council granted additional authority to the City
Attorney to settle the case. Since then, the City Attorney has settled the case within the
authority granted by the City Council. This settlement provides for the release and
payment to the owners of the three parcels of the remaining $52,632.49 on deposit with
the State Treasurer, plus an additional payment by the City of $97,367.51, bringing the
total amount paid by the City to acquire the three parcels and settle the related damage
claims to $293,242.55.
JENNIFER McGRATH
City Attorney SUPPLEMENTAL
COMMUNICATION
Meeting Date: D �`
Agenda item No. � ��' A)
85631.doc Q, , C.., 711 ����