HomeMy WebLinkAboutAcquisition of Property by Eminent Domain Redevelopment Agen I-ES
aPPROV DBY CITY C-Ji^� REDEVELOPMENT -' aENCY ACTION
Date December 16, 1991
D MEMBERS OF THE REDEVELOPMENT AGENCY
ubmitted to: qF THE CITY OF HUNTINGTON BEAQfC-Ii'
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Submitted by: GAIL HUTTON, AGENCY COUNSEL; BARBARA KAISER, DEPUTY CITY
Prepared by: �/GAIL HUTTON, AGENCY COUNSEL ADMINISTRATOR
Subject: Resolution of Need and Necessity Talbert-Beach Project Area
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Consistent with Council Policy? K] Yes [ ] New Policy or Exception
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments:
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STATEMENT OF ISSUE:
The Redevelopment Agency of the City of Huntington Beach needs
to acquire certain real property commonly known as AP 159-141-37
to complete the Talbert-Beach Redevelopment Project. The title
to the property is vested in three deceased owners . Their heirs
are apparently deceased as well. There are two ways to acquire
the parcel. One is to condemn it. The other would require
probating the estate of each decedent owner.
RECOMMENDATION:
.Pass a Resolution of Need and Necessity authorizing the Agency
Counsel to file a condemnation action in this matter to obtain
this property:
ANALYSIS•
The Agency needs to acquire clear title to the property.
Because all the owners are deceased, the Agency is unable to
acquire the property by negotiated purchase without causing the
estates of the decedents to be probated, then to negotiate with
the administrators of the estates . It is desirable to bring an
action in eminent domain to acquire the property and vest title
to this property in the Redevelopment Agency and perhaps avoid
probating these estates .
FUNDING SOURCE:
The Redevelopment Agency.
ALTERNATIVE ACTION:
Do not adopt resolution. Establish probates for the decedents,
negotiate with the administrators, or do not acquire the
property, rather than doing this.
ATTACHMENTS:
1. Resolution of Need and Necessity
2 . Declaration of Jerry Hinkey
P10 5/85
` J .
RESOLUTION NO. 221
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE-
CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC
INTEREST AND NECESSITY REQUIRE ACQUISITION OF CERTAIN
REAL PROPERTY IN THE TALBERT-BEACH PROJECT AREA IN THE
CITY OF HUNTINGTON BEACH FOR REDEVELOPMENT PURPOSES,
AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY
BY EMINENT DOMAIN
(APN 151-141-37)
WHEREAS, the Redevelopment Agency of the City of Huntington
Beach is proposing a redevelopment project for the Talbert-Beach
area; and
Acquisition of the real property referred to hereinbelow is
necessary for implementing this public project; and
California Health and Safety Code § 33391 authorizes the
Agency to acquire by eminent domain any property necessary to
carry out any redevelopment purpose, and the elimination of
blight and redevelopment is an essential Agency function,
NOW, THEREFORE, the Redevelopment Agency of the City of
Huntington Beach finds, determines and resolves as follows :
1. The public use for which the property described herein
is to be taken is the elimination of blight and for
redevelopment purposes, as authorized by California Health &
Safety Code § 33391 .
2 . The real property described herein and graphically
depicted in Exhibit "A" attached hereto and incorporated herein
by reference, is more particularly described as follows : Lot 47
of Block B of Tract No . 172, in the City of Huntington Beach,
County of Orange, State of California, as shown on a map
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recorded in Book 12, Pages 21 and 22 of Miscellaneous Maps,
Records of Orange County, California (APN 159-141-37) .
3 . A hearing on the matters set forth in Code of Civil
Procedure § 1240. 030 was duly held by the Redevelopment Agency
on December 16 1991 and as a result thereof the Agency
finds as follows :
a . The public interest and necessity require the
project . The project served by acquisition of the subject
property is the elimination of blight in the area where the lot
to be condemned is located and on the lot itself . The lot may
not be used for any purpose unless it is merged with an adjacent
lot or lots because it is sub-standard in size for any allowed
use in the zone where located, and because it lacks access to
any public or private street.
b. The proposed project is planned and located in the
manner that will be the most compatible with the greatest public
good and the least private injury. The vacant adjacent,
contiguous and surrounding lots, with only minor exception, have
been combined with one another. The lot to be taken will serve
to substantially complete the project. There are no private
interests which will be detrimentally served by this acquisition.
C. The property described herein is necessary for the
project since it lays at the epicenter of any conceivable
proposed use of the assembled parcel .
4 . It is necessary that the taking of said property or
interest in said real property be in fee simple, and acquisition
of the property in fee ownership is in the manner which will be
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most compatible with the greatest public good and the least
private injury.
5 . The Chief Executive Officer of the Redevelopment
Agency, or his designee, and the Legal Counsel are hereby
authorized, directed and empowered to acquire in the name of the
Redevelopment Agency of the City of Huntington Beach a fee
simple estate in and to the above described real property by
condemnation under the laws of the State of California relating
to eminent domain and such other statutes of the State as may be
applicable, to commence such proceedings as are necessary for
the acquisition of said property, and to do all things
reasonably necessary for the acquisition of the property,
including, but not limited to, applying for an order determining
the amount of probable compensation for the taking authorized
herein, and for an order of prejudgment possession of the
property.
6 . The real property which is authorized for condemnation
by this. resolution is situated in the Talbert/Beach
Redevelopment Project Area of the City of Huntington Beach,
County of Orange, State of California, as disclosed by a
document recorded as Instrument No. 82-350907 of Official
Records of Orange County, California.
7 . The Agency is required by California Government Code
§ 7267 .2 to offer just compensation to the owner or owners of
record of the property for the interest of such owner to be
taken. A search for the owners of record has disclosed that
each owner of record is deceased. A search has been undertaken
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with reasonable diligence for the whereabouts of the heirs of
said deceased owners of record. This search has resulted in
failure to locate any such persons . Therefore, no offer
pursuant to California Government Code S 7267. 2 has been made,
because the owners or their heirs cannot be located with
reasonable diligence.
PASSED AND ADOPTED by the Redevelopment Agency of the City
of Huntington Beach at an adjourned regular meeting thereof held
on the 16th day of December 19 91
Chairman
ATTEST: APPROVED AS TO FORM:
Agency Clerk 6 Agency Attorney
REVJIEWED AND APPROVED: INITIAT PPROVED:
Executive Director i ect Of
/E/mic Ivelopment
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TRACT NO. //560 M.M. 536-/,2,3 PARCEL ::UMBERS. BOOK i59 PAGE 14 8
SHOWN IN CIRCLES COUNTY Of ORANGE
Res 3. 221
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF HUNTINGTON BEACH)
I, CONNIE BROCKWAY, Clerk of the Redevelopment Agency of the
City of Huntington Beach, California, DO HEREBY CERTIFY that the foregoing
resolution was duly adopted by the Redevelopment Agency of the City of
Huntington Beach at a meeting of said Redevelopment Agency held on the
16th day of December 19_2L, and that it was so adopted
by the following vote:
AYES: Members:
Robitaille, Moulton-Patterson, Winchell, Silva, Green, MacAllister, Kelly
NOES: Members:
None
ABSENT: Members:
None
Clerk of the Redevelopment Agency of
the City of Huntington Beach, Ca.
1 DECLARATION OF JERRY LEE HINKEY
2 I, Jerry. Lee Hinkey, declare as follows :
3 1. I am employed. by the office of the City Attorney of the
4 City of Huntington Beach, California, as an investigator.
5 2 . Fora period of 18 years I was a deputy sheriff and
6 investigator employed by the Sheriff of Los Angeles County.
7 3 . At .the request of Pau l -D'Alessandro, attorney at law, I
8 conducted a search for Frederick R. Knapp, George Bernet, George
9 Coates Goode, and Agnes G. Bernet during the period of February
10 10, 1991, through October 31, 1991.
11 4 . Following is a listing of the sources searched:
12 a. A search of records at the Orange County Court
13 House Clerk' s office at 630 North- Broadway, Room 147, Santa Ana
14 California.
15 b. A search of records at the Orange County Recorder ' s
16 Office at 630 North Broadway, Building 12, Room 101, in Santa
17 Ana, California.
18 c. A search of records at the Orange County Recorder ' s
19 Registrar ..of Voters office located at 1300 South Grand Avenue,
20 Santa Ana, California 92711.
21 d. A search of records at the Los Angeles County
22
Courthouse Clerk' s office located at 111 North Hill Street, Los
23 Angeles, .California. 90012.
24 e. A search of records at the Los Angeles County
25 Records Office at 227 North Broadway, Los Angeles, California
26 90012 .
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1 f . A search of records at the Los Angeles County
2 Registrar of Voters office located at 5557 Ferguson Drive, Los
3 Angeles, California 90022 .
4 g. A search of records at the Los Angeles County
5 Superior Court located at 111 North Hill Street, Room 118-C, Los
6 Angeles, California 90012 .
7 h. A search of records at the Riverside County Clerk' s
8 office located at 4050 Main Street, Riverside, California 92502 .
9 i . A search of records at the Riverside County
10 Courthouse located at 4050 Main Street, Riverside, California
11 92502 .
12 j . A search of records- at the Riverside Registrar of
13 Voters office located at 4080 Lemon Street, Riverside,
14 California 92502 .
15 k. A search of records at the San Diego County
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Recorders office located at 1600 Pacific Coast Highway, Room
17 260, San Diego, California 92107.
18 1 . A search of records at the Registrar of Voters
ig office located at 5201-I Ruffian Road, San Diego, California
20 92123 .
21 m. A search of records at the San Diego County Clerk' s
22.
office located at 1600 Pacific Coast Highway, San Diego,
23 California 92107.
24
n. A search of records at the Pasadena Health
25 Department located at 100 North Garfield, Room 136, Pasadena,
26 California 91109 .
27 o. The California Department of Motor Vehicles advises
28 there are no current drivers licenses issued in the name of
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1 Frederick R. Knapp, George Bernet, - Agnes G. Bernet or George
2 Coates Goode in the State of California. Additionally, they
3 advised that records prior to 1970 are not available.
4 5 .- The record searches included death records, marriage
5 licenses, land titles, grants and liens, fictitious names,
6 business licenses, and other vital statistics for records,
documents, court transactions and any other possible instrument
8 bearing or mentioning the names of Frederick R. Knapp, George
9 Bernet, Agnes G. Bernet and George Coates Goode.
10 6 . The records reviewed and searched were for the years of
11 1910 through October 31, 1991.
12 7. All searches were performed by myself, exercising due
13 diligence and.-'using methods and investigative techniques common
14 to and standard with police and investigative agencies in North
15 America and calculated to locate missing persons .
16 8 . The above indicated searches revealed the following:
17 .. .a. Agnes Bernet died on October 14, 1983, at 2 :45 a .m.
18 at the Eisenhower Convalescent Hospital, 1470 North Fairoaks
19 Avenue, Pasadena, California, as evidenced by the attached copy
20 of the death certificate.
21 b. Frederick W. Bernet, husband of Agnes Garrett
Bernet, died on December 30, 1931, at 1751 Maple Street,
22
23 Pasadena, California, as evidenced by the attached copy of the
24 death certificate.
25 c. George Riger Knapp died on July 31, 1957, at 2 :30
26 p.m. at 95 South Madison Avenue, Pasadena, California, as
27 evidenced by the attached copy of the death certificate.
28
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1 d. George Coates Goode died on November 27, 1945, at
2 11:20 a.m. at 711 Maple Street, Glendale, California, as .
3 evidenced by the attached copy of his death certificate.
4
5 I declare under penalty of perjury that the above
6 -statements are true and correct to the best of my knowledge.
7
8 Dated: December 3, 1991
10 Jerry Lee Hinkey
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