HomeMy WebLinkAboutAdministrative Hearing - Eminent Domain - Resolution 98-27, Council/Agency Meeting Held: .S-!'2�99
Deferred/Continued to: ,
Ap roved ❑ Conditionally Approved ❑ Denied _ C B/'oc%cris
-b-1 MarrnaI2 .'r City Clerk's Signature
Council Meeting Date: May 3, 1999 Department ID Number: CA-99-12
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS M
SUBMITTED BY: Rff SILVER, City Administratora4,0
PREPARED BY:ba�GAIL HUTTON, City Attorney —I PREPARED
SUBJECT: APPROVE AMENDMENT TO CITY COUNCIL RESOLUTION"98- 7J =`7
W y
(APN 111-150-24)
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Whether the City Council should approve an amendment to
Resolution No. 98-30, regarding the acquisition of APN 111-150-24, near the intersection of
.Gothard and Clay in the city of Huntington Beach.
Funding Source: N/A.
Recommended Action: Approve Resolution No. 0 3z, which amends Resolution No. 98-
30, regarding the acquisition of APN 111-150-24, near the intersection of Gothard and Clay
in the city of Huntington Beach.
Alternative Action(s): Do not approve the Resolution.
n
ig
REQUEST FOR COUNCIL ACTS
MEETING DATE: May 17, 1999 DEPARTMENT ID NUMBER: CA-99-12
Analysis: On April 20, 1998, the City Council adopted Resolution No. 98-30, which
authorized the acquisition by eminent domain of APN 111-154-20 for the purpose of roadway
improvements.
The case has proceeded through the court system and the matter is now ready for settlement
or trial. The legal description contained in the original resolution, which was supplied to the
City by PLC's engineering consultant, needs to be amended to correct technical deficiencies.
Staff recommends the adoption of this resolution which amends Resolution No. 98-30 to
substitute the correct legal description of the property.
Environmental Status: N/A
Attachment(s):
City Clerk's
Page Number No. Description
1 Resolution No.
2 Resolution No. 98-30
RCA Author: PDA
99-12 -2- 04/28/99 10:40 AM
ATTACHMENT 1
RESOLUTION NO. 99-32
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH
AMENDING RESOLUTION NO. 98-30
TO CORRECT THE LEGAL DESCRIPTION OF
REAL PROPERTY CONTAINED THEREIN
WHEREAS, on April 30, 1998, the City Council of the City of Huntington Beach
adopted Resolution No. 98-30, which authorized the acquisition of certain real property
hereinafter referred to as the"Subject Property,"by eminent domain; and
The legal description of the Subject Property as contained in Resolution No. 98-30 needs
to be amended,
..,Now, therefore, the City Council of the City of Huntington Beach does hereby resolve as
follows:
1. That Resolution No. 98-30 is hereby amended as follows:
a. The legal descriptions and sketches of the Subject Property are hereby
replaced in their entirety by the legal descriptions and sketches attached
hereto as Exhibit "A."
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof on the 17th day of May 1999. ;\ . ;; ,
^ .
Mayor
ATTEST: ' / / APPROVED AS TO FORM:
City Clerk City A orne
44�� `
REVIEWED AND APPROVED: IN ED AND APPR ED:
City Ad inistrator Director of Public Works
4/sA-99 Reso1:Amd98-30
4/8/99
Nei. /lla. 9 9✓,3Q
EXHIBIT "A"
LEGAL DESCRIPTION
FOR ROADWAY ACQUISITION
A.P. NO. 111-150-24
BEING ALL OF LOT 21 IN BLOCK "B", 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, RECORDS OF SAID COUNTY, EXCEPTING
THEREFROM THE FOLLOWING DESCRIBED PORTION:
THAT PORTION OF SAID LOT 21 LYING SOUTHWESTERLY OF A LINE PARALLEL TO
AND 40.00 FEET SOUTHWESTERLY, MEASURED AT RIGHT ANGLES, FROM THE
FOLLOWING DESCRIBED CENTERLINE;
BEGINNING AT THE CENTERLINE INTERSECTION OF CLAY AVENUE AND MAIN
STREET (CLAY STREET AND TWENTY THIRD STREET AS SHOWN ON SAID MAP),-
THENCE NORTH 18059'43" EAST 50.95 FEET ALONG THE CENTERLINE OF SAID MAIN
STREET; THENCE NORTH 71°00'00" WEST 80.47 FEET TO THE BEGINNING OF A
TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 330.00 FEET,-
THENCE NORTHWESTERLY ALONG SAID CURVE 408.79 FEET THROUGH A CENTRAL
ANGLE OF 70058'32" TO A POINT ON A LINE PARALLEL WITH, AND 10.00 FEET
EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE OF CRYSTAL
STREET(CRYSTAL AVENUE AS SHOWN ON SAID MAP); THENCE NORTH 00'01'28"
WEST 933.75 FEET, MORE OR LESS, ALONG SAID PARALLEL LINE TO THE
CENTERLINE OF GARFIELD AVENUE (GARFIELD STREET AS SHOWN ON SAID MAP).
CONTAINING AN AREA OF 9938 SQUARE FEET, MORE OR LESS.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
jYKGFEsslin
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kSDEN & LEGAL DESCRIPTION FOR
SOCIATES ROADWAY ACQUISITION
A.P. NO. 111-150-24
CIVIL E.NGINEERS-PLANNERS-LAND SURVEYORS W.O. No. 0879-396-1 Date 5/5/97
18012 COWAN,SUITE 210•IRVINE,CA 92614 Engr. D.C. Chk. D.W. Sheet 1 of 2
714/660-0110 FAX:660-0418
v.
N.E. COR., NW 114, " "
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SKETCH TO ACCOMPANY A LEGAL DESCRIPTION
S S O C IAT E S FOR ROAD ACQUISITION
A.P. NO. 111-150-24
18012 COWAN, SUITE 210, IRVINE, CA 92714 W.O. No. 0879-396-1 Date 5/5/97
(714) 660-0110 FAX: 660-0418 Engr. D.G. Chk. D.W. Sheet-Z—Of�—
des. No. 49-3Q
EXHIBIT "A"
LEGAL DESCRIPTION
FOR TEMPORARY CONSTRUCTION EASEMENT
A.P. NO. 111-150-24
BEING THAT PORTION OF LOT 21 IN BLOCK "B", 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, RECORDS OF SAID COUNTY, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
A STRIP OF LAND, 15.00 FEET WIDE, LYING SOUTHWESTERLY OF A LINE PARALLEL
TO AND 40.00 FEET SOUTHWESTERLY, MEASURED AT RIGHT ANGLES, FROM THE
FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE CENTERLINE INTERSECTION OF CLAY .AVENUE AND MAIN
STREET (CLAY STREET AND TWENTY THIRD STREET AS SHOWN ON SAID MAP),-
THENCE NORTH 18059'43" EAST 50.95 FEET ALONG THE CENTERLINE OF SAID MAIN'
STREET; THENCE NORTH 71°00'00" WEST 80.47 FEET TO THE BEGINNING OF- A
TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 330.00 FEET,
THENCE NORTHWESTERLY ALONG SAID CURVE 408.79 FEET THROUGH A CENTRAL
ANGLE OF 70058'32" TO A POINT ON A LINE PARALLEL WITH, AND 10.00 FEET
EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE OF CRYSTAL
STREET(CRYSTAL AVENUE AS SHOWN ON SAID MAP); THENCE NORTH 00'01'28"
WEST 933.75 FEET, MORE OR LESS, ALONG SAID PARALLEL LINE TO THE
CENTERLINE OF GARFIELD AVENUE (GARFIELD STREET AS SHOWN ON SAID MAP).
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
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VWDEN & LEGAL DESCRIPTION FOR
SOCIATES TEMPORARY CONSTRUCTION EASEMENT
A.P. NO. 111-150-24
CIVIL ENGINEERS-PLANNERS-LAND SURVEYORS W.O. No. 0879-396-1 Date 5/5/97
18012 COWAN,SUITE 210-IRVINE,CA 92614 Engr. D.C. Chk. D.W. Sheet 1 of 2
714/660-0110 FAX:660-0418
N.E. COR., NW 1/4, B n
NW 1/4, SEC. 2, T. G 5., 10.00' EXHIBIT n
R. 11 W., 5.B.B.M. GARF IELD AVENUE
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ALDEN & SKETCH TO ACCOMPANY A LEGAL DESCRIPTION
S S 0 C IA TE S FOR TEMPORARY CONSTRUCTION EASEMENT
A.P. NO. 111-150-25
18012 COWAN, SUITE 210, IRVINE, CA 92714 W.O. No. 0879-3%-1 Date 5/5/g7
(714) 660-0110 FAX: 660-0418 En r.--J2L _Chk. D.W. Sheet-2—Of-2—
Res. No. 99-32
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 17th day of May, 1999 by the following
vote:
AYES: Julien,Bauer, Garofalo, Green,Dettloff, Sullivan
NOES: None
ABSENT: Harman
ABSTAIN: None
City Clerk and ex-officio Clerk of the
City Council of the City of Huntington
Beach, California
ATTACHMENT 2
►, N
RESOLUTION NO.9 8-3 0
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF HUNTINGTON BEACH
DECLARING THE PUBLIC INTEREST AND NECESSITY OF
ACQUISITION OF PORTIONS OF PROPERTY LOCATED ON
GOTHARD STREET IN THE CITY OF HUNTINGTON BEACH, CALIFORNIA,
IDENTIFIED AS ASSESSOR'S PARCEL NO. 111-150-24
FOR THE PURPOSES OF CONDUCTING
ROADWAY IMPROVEMENTS
WHEREAS, the City of Huntington Beach.is authorized under the provisions of its
charter and under the provisions of Sections 37350.5 and 40404 of the California
Government Code to acquire property by eminent domain for public purposes, and
specifically for street improvements; and
The City of Huntington Beach has been investigating the acquisition of various
interests in property, including an exclusive perpetual easement interest in certain property on
Gothard Street, identified as Assessor Parcel No. 111-150-24.
The "Project" for the purposes of this acquisition consists of the widening and
improving of Gothard Street; and
On April 10, 1998, after no less than 15 days written notice to the record owners of
the property referenced above and more specifically described in the legal description and
sketch attached hereto as Exhibits "A" and "B", respectively, ("Property") which legal
description and sketch are incorporated herein by reference, the City Council of Huntington
Beach held a hearing for the purpose of allowing the record owners of the property a
reasonable opportunity to appear and be heard on the following matters:
(a) Whether the public interest and necessity require the project;
(b) Whether the project is planned or located in a manner which is most
compatible with the greatest public good and the least private injury;
(c) Whether the property proposed to be acquired is necessary for the project; and
(d) Whether the offer required by Government Code Section 7267.2 had been
given; and
On that same date, the owners of the Property were also given a reasonable
opportunity to appear and be heard on whether the City has met the procedural prerequisites
to the exercise of eminent domain;-and
The City Council, as a result of such hearing, has determined that the public health,
safety, and welfare require that the City acquire various interests in the Property more
159/003821.0017/3131861.1 a04/10/98 -1-
98=30
particularly described herein ("Property"), for the purposes of widening and improving
Gothard Street; and
The Project for which the Property to be acquired is sought has previously been
reviewed under applicable environmental review procedures, including Environmental Impact
Report No. 89-1, approved January 8, 1990; and
NOW, THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH, HEREBY DOES FIND, DETERMINE, AND
DECLARE BASED UPON EVIDENCE PRESENTED TO IT AS FOLLOWS:
Section 1. The property to be acquired is located within the City of Huntington
Beach, County of Orange, State of California, and is located on Gothard Street, and
otherwise identified as Assessor's Parcel No. 111-150-24. The Property the City seeks to
acquire, and the Property interests sought, consist of the following:
A. For the property more specifically described in Exhibit "A" hereto, an
easement more specifically described as follows:
An exclusive, perpetual easement for the purposes of
constructing, placing, maintaining, and operating a public right
of way and/or public utility facilities thereon, including all
rights of surface access and use consistent with the use as a
public right-of-way.
B. For the property more specifically described in Exhibit "B" hereto, a
temporary construction easement more specifically described as follows:
A temporary construction easement for City of
Huntington Beach ("City"), and its officers, agents, employees
and contractors, to enter upon, occupy, and pass over the
temporary construction easement area more specifically
described in the legal description attached hereto, as deemed
reasonably necessary for all purposes incidental to reconstructing
and widening Gothard Street ("Project") in accordance with
street improvement plans approved by City for the Project.
Such incidental purposes shall include, but not be limited to,
adjusting grade differentials between the planned street and the
adjoining real property and/or meeting or matching existing
concrete and/or asphalt paved areas, and/or natural grade areas,
constructing sidewalks, or such work as may pertain to on-site
improvements.
This temporary construction easement shall also include
the right to perform any necessary excavation, grading, earth
fill, compaction, installation of concrete forms, utility, fence and
sign relocation, private drainage facilities, all such necessary
1591003821-0017/3131861.1 a04/10/98 -2-
98-30
activities which are reasonably incidental to the work being
performed on said property in connection with the Project. The
rights granted hereunder shall commence 2 days after.
notification to the property owner and shall continue in full
force and effect until 12 months after notice. Upon termination
of this temporary construction easement, the temporary
construction easement area shall be restored to a condition that
is reasonably equivalent to its condition prior to the
commencement of the work.
This temporary construction easement shall not include
the right to store any materials or park any vehicles which are
not incidental to the work to be performed on site in connection
with the Project, or to block all vehicular access to the larger
parcel of property of which this temporary construction
easement is part. In connection with the exercise of this
temporary construction easement rights hereunder, City shall
protect and preserve all structures on the temporary construction
easement area in place, and shall protect or restore all
improvements thereon to a condition that is reasonably
equivalent to its condition prior to the commencement of the
work.
Section 2. The public interest and necessity require the Project, in that the City's
General Plan, and specifically the Circulation Element, calls for the expansion of Gothard
Street in the manner contemplated by the Project. In addition, the Gothard Street widening
is designed to relieve traffic congestion and increase the capacity of the street, which will
require continuity in the roadway alignment and traffic handling capacity of the street.
Section 3. The Project is located in a manner most compatible with the greatest
public good and least private injury, in that 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, in that the Project will involve road
widening which will enhance the utility of the area by improving traffic safety and circulation
for all those travelling on Gothard Street. The Project will result in the least private injury
in that, where possible consistent with safe roadway design restrictions, the property chosen
for potential acquisition was done so to minimize the number of property owners affected,
and to avoid impacts to residential properties.
Section 4. The property to be acquired is necessary for the Project, in that the
roadway widening must occur on property immediately adjacent to the existing roadway.
Section 5. - The offer required by Government Code Section 7267.2 has been made
to the record owners, by way of letters dated May 28, 1997 and March 6, 1998. Staff has
attempted to negotiate with the record owners subsequent to this offer, but such negotiations
have not proved successful in securing the necessary property interests outside of more
159/003821-0017/3131861.1 a04/10/98 -3-
98-30
formal proceedings.
Section 6. To the extent any of the property to be taken herein is devoted to a
public use, the City finds that the proposed use for the Project is compatible with, or more
necessary to, such public use, and that the City is authorized to acquire the Property pursuant
to Code of Civil Procedure § § 1240.510 and 1240.610.
Section 7. The Project has been reviewed and approved under the California
Environmental Quality Act by way of certification of Environmental Impact Report No. 89-1,
approved January 8, 1990, and the City Council finds and determines that since the time of
that certification there have been no subsequent changes with respect to the circumstances
under which the Project is to be undertaken, no new information of substantial importance
regarding significant effects or mitigation measures or alternative which has become
available, and no subsequent changes have been proposed in the Project which would require
important revisions to the previous environmental impact reports, such that no further
environmental review attending this proposed acquisition is necessary.
Section 8. The City Council hereby.declares it is its intent to acquire the full fee
interesvin the above-referenced property in the City's name in accordance with the
provisions of the laws of the State of California.
i Section 9. The City Attorney in conjunction with the law firm of Rutan & Tucker
r is hereby authorized and directed to prepare, institute, and prosecute in the name of the City
such proceedings, in the Court having proper jurisdiction thereof, as may be necessary for
the acquisition of the fee interest to such property. Said counsel are also authorized and
directed to obtain any necessary order of the Court granting the City the right of prejudgment
and immediate possession and occupancy of the property.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 20th day of April, 1998.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk /9 8 City Attorney,. �g q/l s/qg
P-
REVIEWED AND APPROVED: INITIATED AND APPROVED:
c
City AlTministrator Director of Public Works
159/003821-0017/3131961.1 a04/10/98 -4-
- 98-30
EXHIBIT 'All
LEGAL DESCRIPTION
FOR ROADWAY ACQUISITION
A.P.NO. 111-150-24
BEING ALL OF LOT 21 IN BLOCK "B", OF .THE GARFIELD STREET ADDITION TO
HUN'TINGTON BEACH, IN THE CITY-OF HUNTINGTON BEACH, COMNTY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN SON THE MAP RECORDED IN BOOK 7, PAGES 27
AND 28 OF MISCELLANEOUS MAPS, - RECORDS OF SAID COUNTY, EXCEPTING
THEREFROM THE FOLLOWING DESCRIBED PORTION:
THAT PORTION OF SAID LOT 21 LYING SOUTHWESTERLY-OF A LINE PARALLEL TO
AND 40.00 FEET SOUTHWESTERLY, MEASURED AT RIGHT ANGLES, FROM THE
FOLLOWING DESCRIBED CENTERLINE;
BEGINNING AT THE CENTERLINE INTERSECTION OF CLAY AVENUE AND MAIN
STREET (CLAY STREET AND TWENTY THIRD STREET AS SHOWN ON SAID MAP);
THENCE NORTH 18059'43" EAST 50.95 FEET ALONG THE CENTERLINE OF SAID MAIN
STREET; THENCE NORTH 711100'00" WEST 80.47 FEET TO THE BEGINNING OF A
TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS..OF_:330.00 FEET;
THENCE NORTHWESTERLY ALONG SAID CURVE 408.79-FEET THROUGH A CENTRAL
ANGLE OF 7005832 TO A POINT ON A LINE PARALLEL WITH, AND -10.00 FEET
EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE OF CRYSTAL
STREET(CRYSTAL AVENUE AS SHOWN ON SAID MAP); THENCE NORTH 00001'28"
WEST 933.75 FEET, MORE OR LESS, ALONG SAID PARALLEL LINE TO THE
CENTERLINE OF GARFIELD AVENUE(GARFIELD STREET AS SHOWN ON SAID MAP).
CONTAINING AN AREA OF 9937 SQUARE FEET,MORE OR LESS.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
VWDEN & LEGAL DESCRIPTION FOR
SOCIATES ROADWAY ACQUISITION
AP.NO. 111-150-24
CIVIL ENa1NEERS—PLANNERS—LAND SURVEYORS W.O.NO. 0879-396-1 Date 5/5/97
Ii012 COWAN,sum 210 • IRVINE.CA 92714 Engr.D.C. Chk. D.W. Sheet 1 of 2
714166"110 FAX 660.04IS
�98-So
EXHIBIT "A"
LEGAL DESCRIPTION
FOR TEMPORARY CONSTRUCTION EASEMENT
A.P. NO. 111-150-24
BEING. THAT PORTION OF LOT 21 IN BLOCK "B", 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, RECORDS OF SAID COUNTY, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
A STRIP OF LAND, 15.00 FEET WIDE, LYING SOUTHWESTERLY OF A LINE PARALLEL
TO AND 40.00 FEET SOUTHWESTERLY, MEASURED AT RIGHT ANGLES, FROM THE
FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE CENTERLINE INTERSECTION OF CLAY AVENUE AND MAIN
STREET (CLAY STREET AND TWENTY THIRD STREET AS SHOWN ON SAID MAP);
THENCE NORTH 18059'43" EAST 50.95 FEET ALONG THE CENTERLINE OF SAID MAIN
STREET; THENCE NORTH 71°00'00" WEST 80.47 FEET TO THE BEGINNING OF A
TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 330.00 FEET;
THENCE NORTHWESTERLY ALONG SAID CURVE 408.79 FEET THROUGH A CENTRAL
ANGLE OF 70058'32" TO A POINT ON A LINE PARALLEL WITH, AND 10.00 FEET
EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE OF CRYSTAL
STREET(CRYSTAL AVENUE AS SHOWN ON SAID MAP); THENCE NORTH 00001128"
WEST 933.75 FEET, MORE OR LESS, ALONG SAID PARALLEL LINE TO THE
CENTERLINE OF GARFIELD AVENUE (GARFIELD STREET AS SHOWN ON SAID MAP).
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
VWDEN & LEGAL DESCRIPTION FORSOCIATES TEMPORARY CONSTRUCTION EASEMENT
AP.NO. 111-150-24
CIVIL ENGINEERS-PLANNERS-LAND SURVEYORS W.O.No. 0879-396-1 Date 5/5/97
18012 COWAN.SURE 210 • IRVINE,CA 92714 Engr. D.C. Chk. D.W. Sheet 1 of 2
714/660.OI10 FAX:660.8418
98-30
HE. COR., NW 1/4, " "
NW 1/4,-SEC. 2, T.. G 5 WAWA' EXI118!T B
R. 11 W., 58�arr. 6ARFIELD AVENUE-1
30 0'
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MIBIT IF
ALDEN '& SKETCH TO ACCOMPANY A LEGAL DESCRIPTION.
S S 0 CIATE S >+oR ROAD ACQUISiTI0N
AP. NO. 111-150 24
18012 COWAN, SUITE 210, MINE, CA 92714 W.0. No. 0879,396-1 Date 5/5/q --
98-30
NE. COR., NW 114, EXHI131l "B�
NW 114, SEC. 2, T� ARFIELD
6 S., 10.00'
R. 11 W., 511BJr. AVENUE
30' lop
18 y �j
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1 4 19 .E
117, 26,'%
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0�L N 1/2, ® DESCRIBED HEREIN
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ALD E N & SITTCH To ACCOMPAHr A�LEGAL.DESCRIPTIM
SSOCIATES FOR T7=I' ORARr CONSTRUCTION EASUENT
AP. NO. 111-150 25
18012 COWAN. SUITE 210, IRWNE, CA 92714 W.O. No—adzq--a-t-1 n_i_ x l=ier
Res. No. 98-30
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 20th day of April, 1998 by the following
vote:
AYES: Harman, Green, Dettloff, Bauer, Sullivan, Garofalo
NOES:
ABSENT: Julien
City Clerk and ex-officio Clerk of the
City Council of the City of Huntington
Beach, California
G/reso I uti/resbkpg/97-80
1NG
OFFICE OF
CITY ATTORNEY
Nir P.O. Box 190
2000 Main Street Telephone
Gail Hutton Huntington Beach, California 92648 (714) 536-5555
City Attorney Fax (714) 374-1590
NOTICE OF INTENTION TO ADOPT AN AMENDMENT
RESOLUTION OF NECESSITY FOR ACQUISITION
OF CERTAIN REAL PROPERTY IDENTIFIED AS
ASSESSOR PARCEL NO. 111-150-24
(HUNTINGTON BEACH CITY COUNCIL RESOLUTION NO. 98-30)
April 28, 1999
TO: WILLIS &LOLA ELLIOTT
19511 Worchester Lane
Huntington Beach, CA 92646
This notice is sent to you by mail under requirements of California Code of Civil
Procedure Section 1245.235. This notice concerns certain real property identified as Assessor's
Parcel No. 111-150-24 in the City of Huntington Beach. The City of Huntington Beach("City")
has been investigating the acquisition of this property for accommodation of a roadway widening
project ("Project"). You were previously contacted by an appraiser retained by the City and given
an opportunity to accompany the appraiser on an inspection of the property.
California Code of Civil Procedure Section 1240.030 provides that the power of eminent
domain may be exercised to acquire property for a proposed public project if the following
conditions are established:
A. The public interest and necessity require the project;
B. The project is planned or located in the manner that will be most compatible with
the greatest public good and the lease private injury;
C. The property sought to be acquired is necessary for the project;
D. The offer required by Section 7267.2 of the Government Code has been made to
the owner(s) of record.
On April 20, 1998, the City Council of the City of Huntington Beach adopted Resolution
No. 98-30 (copy enclosed) in which it decided that the above conditions were met concerning the
City's acquisition of the above-referenced property as described above.
1
g*99leftm:elli0428
r
This Notice is to inform you that on May,19; 1999, the City Council will be asked to
amend Resolution No. 98-30 to correct the technical language contained the legal descriptioi;,,ss��f
the Property referenced therein. This meeting will be held at or about 7:00 p.m. on May 1�11999
in the City Council Chambers located at 2000 Main Street, Huntington Beach, California 92648.
For your information and convenience, a draft copy of the proposed amendment to
Resolution No. 98-30 is also enclosed with this Notice. If you would like further information
regarding the adoption of this amendment to Resolution No. 98-30, please contact Mr. Paul
D'Alessandro at(714) 536-5555.
Please be advised that you are entitled to appear and be heard on any of the matters
encompassed within the Resolution 98-30, as amended, specifically those matters listed above,
and whether the City has the legal right and has followed the procedures required to acquire the
property by eminent domain. If you desire to appear and be heard, please file a written request to
appear with Connie Brockway, City Clerk, at City Hail for the City of Huntington Beach, at the
above address.
Please note that your failure to file a timely written request to appear and be heard will
result in a waiver of that right. Please also take notice that if you wish to legally challenge any
action taken by the adoption of the amendment to Resolution 98-30, any of the findings or
matters included within it, or any of the actions taken pursuant to it, you may be limited in court
to raising only those issues raised at the resolution of necessity hearing, or in written
correspondence delivered to the Agency at, or prior to, the hearing on the matter.
The City must adopt a resolution of necessity before an eminent domain proceeding can
commence. Within six(6) months after the adoption of a resolution of necessity, the City may
commence eminent domain proceedings in the Orange County Superior Court. In any such
proceeding, the court will be asked to determine the amount of just compensation to which you
may be entitled in the event the property is taken in eminent domain. In fact, the City has
commenced an eminent domain action pursuant to the authorization granted by the adoption of
Resolution No. 98-30.
If you have any comments or questions, please do not hesitate to contact me at (714) 536-
5555. Thank you for your cooperation in this matter.
Very truly yours,
CITY OF HUNTINGTON BEACH
By:
Paul D'Alessandro
Deputy City Attorney
2
g:4:991ettm:e1Ii0428
�yt11M6rp�
OFFICE OF
CITY ATTORNEY
sF ••.,,...• `,tom
rT\�` P.O. Box 190
2000 Main Street Telephone
Gall Hutton Huntington Beach, California 92648 (714) 536-5555
City Arrorney Fax (714) 374-1590
May 10, 1999
Willis &Lola Elliott
19511 Worchester Lane
Huntington Beach, CA 92646
Re: APN 111-150-24
Dear Willis &Lola Elliott:
On April 28, 1999 I sent you a notice regarding the proposed amendment of City Council
Resolution No. 98-30, pertaining to the correction of technical language contained in the legal
description of the property referenced therein.
The notice you received contained an incorrect hearing date of May 19, 1999. Please note that
the correct hearing date is May 17, 1999.
All other information in the notice remains the same.
If you have any comments or questions, please do not hesitate to contact me at(714) 536-5555.
Thank you for your cooperation in this matter.
Very truly yours,
GAIL HUTTON,
City Attorney
By:
Paul D'Alessandro
Deputy City Attorney
1
g:4:991enmelli0510
RCA ROUTING SHEET
INITIATING DEPARTMENT: CITY ATTORNEY
SUBJECT: APPROVE A RESOLUTION CORRECTION RESOLUTION
NO. 98-30
COUNCIL MEETING DATE: May 17, 1999
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Attached
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attome Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attome Not Applicable
Certificates of Insurance Approved by the City Attome Not Applicable
Financial Impact Statement Unbud et, over $5,000 Not Applicable
Bonds If applicable) Not Applicable
Staff Report If applicable) Not Applicable
Commission, Board or Committee Report If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff
Assistant City Administrator Initial
City Administrator Initial
City Clerk
EXPLANATION FOR RETURN OF ITEM:
Only)(Below Space For City Clerk's Use
RCA Author:
cLA*ti Co p (rL".
eaA�e,zotlo
- cil
Council/Agency Meeting Held:
Deferred/Continued to:
9/Ap roved . ❑ Co ditionally Approved 98 I enied City Cle 's Signature
Joe ?Sl
Cou cil M tZ 67
ee Ing D April , 1998 Department ID Number: AS 98-007
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION Pe5 • Nos. `l p-a?
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS l �3 t
SUBMITTED BY: RAY SILVER, City Administrator674V
PREPARED BY: ROBERT J. FRANZ, Deputy City Administra
4
SUBJECT: APPROVAL OF RESOLUTION OF INTEREST AND NECES TY
FOR ACQUISITION OF GOTHARD RIGHT-OF-WAY, 5 PARCELS
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: 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
widening within the project. The final parcels necessary for the Gothard right-of-way
widening between Garfield Avenue and Clay Street need to be acquired. Construction has
progressed to the point where possession is now necessary. A Resolution for Interest and
Necessity, approved by the City Council, is needed for the City's acquisition of these parcels
by condemnation.
Funding Source: Acquisition costs are to be paid by the Developer (PLC Land Company).
No City funds are required.
Recommended Action: After following the statutory procedure provided by the City
Attorney, approve the Resolution of Interest and Necessity for each of these five parcels and
authorize the Mayor and City Clerk to execute same.
Analysis: The widening of Gothard Street right-of-way is an integral part of the
implementing of the Holly-Seacliff Development Plan from Gothard to Clay Street. The
precise street alignment of Gothard Street was approved by City Council on December 16,
1991 by Ordinance #3217. The City of Huntington Beach and Seacliff Partners have
acquired all the properties necessary for this widening with the exception of these parcels as
shown on the map attached (Attachment 1).
The Real Estate Services Division, together with outside legal services, Rutan and Tucker,
has been actively negotiating for some months with the owners of these parcels. The
owners have been provided with the City's last and final offer, but have not agreed with the
City's price. The next step in the acquisition process is the request for Resolution of Interest
and Necessity.
REQUEST FOR COUNCIL ACTION
MEETING DATE: April 20, 1998 DEPARTMENT ID NUMBER: AS 98-007
Alternative Action(s): Do not adopt Resolution of Interest and Necessity at this time.
Environmental Status: As indicated in offers.
Attachment(sl:
City Clerk's
Page Number No. Description
_.................. .
..............
1. Map of area.
2. Hearing Notices
3. Resolutions
4. Appraisal Summary
RCA Author: Paul Larkin
0031054.01 -2- 04/13/98 2:24 PM
ATTACHMENT # 1
Right of Way Acquisitions
Crystal Street (new Gothard)
.. _
..........
-i---- ---- ----:- - --� -----
03 And son, et al
u
p Scott
Right of Way
Needed for Completion
of Street Project ,. ;oo _
(S Parcels) N `
o f
❑ V oo v ;
O 4 (�
O ,.
O T
Atkinson
!
I�
❑ Maim treet
O oo
' o ensl' �,etai
Clay Avenue'
ATTACHMENT #2
NOTICE OF INTENTION TO ADOPT A
RESOLUTION OF NECESSITY FOR ACQUISITION
OF PORTIONS OF CERTAIN REAL PROPERTY IDENTIFIED AS
ASSESSOR PARCEL NOS. 111-150-15 AND 111-150-16
IN THE CITY OF HUNTINGTON BEACH
TO: ROBERT L. ANDERSON
841 FRANKFORT AVENUE
HUNTINGTON BEACH, CA 92648
This notice is sent to you by mail under requirements of
California Code of Civil Procedure Section 1245 . 235 . This notice
concerns portions of certain real property identified as Assessor' s
Parcel Nos . 111-150-15 and 111-150-16 in the City of Huntington
Beach. The City of Huntington Beach ( "City") has been
investigating the acquisition of this property for accommodation
of a roadway widening project ( "Project") . You were previously
contacted by an appraiser retained by the City and given an
opportunity to accompany the appraiser on an inspection of the
property.
California Code of Civil Procedure Section 1240 . 030 provides
that the power of eminent domain may be exercised to acquire
property for a proposed public project if the following conditions
are established:
A. The public interest and necessity require the project;
B. 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. The property sought to be acquired is necessary for the
project;
D. The offer required by Section 7267.2 of the Government
Code has been made to the owner of record.
This notice is sent to 'inform you that the City of Huntington
Beach will be asked to decide if the above conditions are met
concerning the City' s acquisition of portions the above-referenced
property. This meeting will be held at or about 7 :00 p.m. on
April 20, 1998 in the City Council Chambers located at 2000 Main
Street, Huntington Beach, California 92648 . If these conditions
are met, the City will be asked to adopt a resolution of necessity,
which is a prerequisite for the City' s initiation of eminent domain
proceedings to acquire the property.
For your information and convenience, a description of the
property is attached .to this notice. If you would like further
information regarding the project, please contact the undersigned
at (714) 536-5445 .
780/003821-0017/3155449. a04/02/98 -1
Please be advised that you are entitled to appear and be heard
on any of the matters encompassed within the resolution,
specifically those matters listed above, and whether the City has
the legal right and has followed the procedures required to acquire
the property by eminent domain.
Please take notice that if you wish to legally challenge any
action taken by the adoption of the resolution of necessity, any of
the findings or matters included within it, or any of the actions
taken pursuant to it, you may be limited in court to raising only
those issues raised at the resolution of necessity hearing, or in
written correspondence delivered to the City at, or prior to, the
hearing on the matter.
The City must adopt a resolution of necessity before an
eminent domain proceeding can commence. Within six (6) months
after the adoption of a resolution of necessity, the City may
commence eminent domain proceedings in the. Orange County .Superior
Court . In any such proceeding, the court will be asked to
determine the amount of just compensation to which you may be
entitled in the event the property is taken in eminent domain.
Neither the pendency of the City' s consideration of the
resolution of necessity, nor the initiation of formal eminent
domain proceedings, in any way prevents further negotiations from
occurring for the acquisition of your property, and the City will
be most willing to continue such negotiations.
If you have any comments or .questions, please .do not hesitate
to contact the undersigned at (714) 536-5445. Thank you for your
cooperation in this matter.
Very truly yours,
CITY OF HUNTINGTON BEACH
BY:
Paul La in
Real Estate Agent
PL:jas
780/003821-0017/3155449. a04/02/98 -2-
DECLARATION OF MAILING
I, Paul Larkin, declare :
1 . The facts below are known personally to me and if called
upon to testify, I could and would competently testify thereto.
2 . I am employed by the City of Huntington Beach as a Real
Estate Agent .
3 . On April 1998, I caused the original of the Notice
of Intention to Adopt a Resolution of Necessity for Acquisition of
Portions of Certain Real Property Identified as Assessors Parcel
Nos . 111-150-15 and 111-150-16, located in the City of Huntington
Beach to be mailed by certified mail to the owner of such property,
Robert L. Anderson.
4 . On April 1998, I also caused a copy of the above-
referenced Notice to be mailed by first class mail to the above-
referenced owner.
I declare under penalty of perjury under the laws of the State
of California that the foregoing is true and correct .
Executed this day of April, 1998, at Palm Springs,
California.
Paul Larkin
780/003821-0017/3155474. 204/02/98
NOTICE OF INTENTION TO ADOPT A
RESOLUTION OF NECESSITY FOR ACQUISITION
OF A PORTION OF CERTAIN REAL PROPERTY IDENTIFIED AS
ASSESSOR PARCEL NO. 111-150-17
IN THE CITY OF HUNTINGTON BEACH
TO: WILLIAM. J. AND ORA BETH SCOTT
2978 COUNTRY CLUB DRIVE
COSTA MESA, CA 92626
This notice is sent to you by mail under requirements of
California Code of Civil Procedure Section 1245 . 235 . This notice
concerns a portion of certain real property identified as
Assessor' s Parcel No. 111-150-17 in the City of Huntington Beach.
The City of Huntington Beach ( "City" ) has been investigating the
acquisition of this property for accommodation of a roadway
widening project ( "Project" ) . You were previously contacted by an
appraiser retained by the City and given an opportunity to
accompany the appraiser on an inspection of the property.
California Code of Civil Procedure Section 1240 . 030 provides
that the power of eminent domain may be exercised to acquire
property for a proposed public project if the following conditions
are established:
A. The public interest and necessity require the project;
B. 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. The property sought to be acquired is necessary for the
project;
D. The offer required by Section 7267 .2 of the Government
Code has been made to the owner of record.
This notice is sent to inform you that the City of Huntington
Beach will be asked to decide if the above conditions are met
concerning the City' s acquisition of portions the above-referenced
property. This meeting will be held at or about 7:00 p.m. on
April 20, 1998 in the City Council Chambers located at 2000 Main
Street, Huntington Beach, California 92648 . If these conditions
are met, the City will be asked to adopt a resolution of necessity,
which is a prerequisite for the City' s initiation of eminent domain
proceedings to acquire the property.
For your information and convenience, a description of the
property is attached to this notice. If you would like further
information regarding the project, please contact the undersigned
at (714) 536-5445 .
Please be advised that you are entitled to appear and be heard
780/003821-0017/3155451. a04/02/98 -1-
on any of the matters encompassed within the resolution,
specifically those matters listed above, and whether the City has
the legal right and has followed the procedures required to acquire
the property by eminent domain.
Please take notice that if you wish to legally challenge any
action taken by the adoption of the resolution of necessity, any of
the findings or matters included within it, or any of the actions
taken pursuant to it, you may be limited in court to raising only
those issues raised at the resolution of necessity hearing, or in
written correspondence delivered to the City at, or prior to, the
hearing on the matter.
The City must adopt a resolution of necessity before an
eminent domain proceeding can commence. Within six (6) months
after the adoption of a resolution of necessity, the City may
commence eminent domain proceedings in the Orange County Superior
Court . In any such proceeding, the court will be asked to
determine the amount of just compensation to which you may be
entitled in the event the property. is taken in eminent domain.
Neither the pendency of the City' s consideration of. the
resolution of necessity, nor the initiation of formal eminent
domain proceedings, in any way prevents further negotiations from
occurring for the acquisition of your property, and the City will
be most willing to continue such negotiations .
If you have any comments or questions, please do not hesitate
to contact the undersigned at (714) 536-5445 . Thank you for your
cooperation in this matter.
Very truly yours,
CITY OF HUNTINGTON BEACH
By:
P ul Larkin
Real Estate Agent .
PL:jas
780/003821-0017/3155451. aO4/02/98 -2-
DECLARATION OF MAILING
I, Paul Larkin, declare:
1. The facts below are known personally to me and if called
upon to testify, I could and would competently testify thereto.
2 . I am employed by the City of Huntington -Beach as. a Real
Estate Agent .
3 . On April , 1998, I caused the original of the Notice . .
of Intention to Adopt a Resolution of Necessity for Acquisition of
a Portion of Certain Real Property Identified as Assessor' s Parcel
No. 111-150-17, located in the City of Huntington Beach to be
mailed by certified mail to the owner of such property, William J. .
and Ora Beth Scott .
4 . On April '17 1 1998, I also caused a copy of the above
referenced Notice to be mailed by first class mail to the above-
referenced owner.
I declare under penalty of perjury under the laws of the State
of California that the foregoing is true and correct .
Executed this day of April, 1998, at Palm Springs,
California.
Paul Larkin
780/003821.0017/3155490. a04/02/98
NOTICE OF INTENTION TO ADOPT A
RESOLUTION OF NECESSITY FOR ACQUISITION
OF A PORTION OF CERTAIN REAL PROPERTY IDENTIFIED AS
ASSESSOR PARCEL NO: 111-150-21
IN THE CITY OF HUNTINGTON BEACH
TO: FRANK A. AND DONNA L. ATKINSON, Trustees
MARION EARL BURLINGHAM
P. 0. BOX 1146
ATASCADERO, CA 92423
This notice is sent to you by . mail under requirements of
California Code of Civil Procedure Section 1245 .235 . This notice
concerns a . portion of certain real property identified as
Assessor' s Parcel No. 111-150-21 in the City of Huntington Beach.
The City of Huntington Beach ("City" ) has been investigating the
acquisition of this property for accommodation of a roadway
widening project ("Project") . You were previously contacted by an
appraiser retained by the City and given an opportunity to
accompany the appraiser on an inspection of the property.
California Code of Civil Procedure Section 1240 .030 provides
that the power of eminent domain may be exercised to acquire
property for a proposed public project if the following conditions
are established:
A. The public interest and necessity require the project;
B. 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. The property sought .to be acquired is necessary for the
project;
D. The offer required by Section 7267 .2 of the Government
Code has been made to the owner of record.
This notice is sent to inform you that the City of Huntington
Beach will be asked to decide if the above conditions are met
concerning the City' s acquisition of portions the above-referenced
property. This meeting will be held at or about 7 : 00 p.m. on
April 20, 1998 in the City Council Chambers located at 2000 Main
Street, Huntington Beach, California 92648 . If these conditions
are met, the City will be asked to adopt a resolution of necessity,
which is a prerequisite for the City' s initiation of eminent domain
proceedings to acquire the property.
For your information and convenience, a description of the
property is attached to this notice. If you would like further
information regarding the project, please contact the undersigned
at (714) 536-5445 .
780/003821-0017/3155455. a04/02/98 -1-
Please be advised that you are entitled to appear and be heard
on any of the matters encompassed within the resolution,
specifically those matters listed above, and whether the City has
the legal right and has followed the procedures required to acquire
the property by eminent domain.
Please take notice that if you wish to legally challenge any
action taken by the adoption of the resolution of necessity, any of
the findings or matters included within it, or any of the actions
taken pursuant to it, you may be limited in court to raising only
those issues raised at the resolution of necessity hearing, or in
written correspondence delivered to the City at, or prior to, the
hearing on the matter.
The City must adopt a resolution of necessity before an
eminent domain proceeding can commence. Within six (6) months
after the adoption of a resolution of necessity, the City may
.commence eminent domain proceedings in the Orange County Superior
Court . In any such proceeding, the court will be asked to
determine the amount of just compensation to which you may be
entitled in the event the property is taken in eminent domain. .
Neither the pendency of the City' s consideration of: the
resolution of necessity, nor the initiation of formal eminent
domain proceedings, in any way prevents further negotiations from
occurring for the acquisition of your property, and the City will
be most willing to continue such negotiations.
If you have any comments or questions, please do not hesitate
-to contact the undersigned at (714) 536-5445 . Thank you .-for your
cooperation in this matter.
Very truly yours, '
CITY OF HUNTINGTON BEACH
By:
P ul Lark n
Real Estate Agent
PL:jas
790/003821-0017/3155455. a04/02/98 -2-
DECLARATION OF MAILING
I, Paul Larkin, declare:
1 . The facts below are known personally to me and if called
upon to testify, I could and would competently testify thereto.
2 . I am employed by the City of Huntington Beach as a Real
Estate Agent. 7
3 . On April r , 1998, I caused the original of the Notice
of Intention to Adopt a Resolution of Necessity for Acquisition of
a Portion of Certain Real Property Identified as Assessor' s Parcel
No. 111-150-21, located in the City of Huntington Beach to be
mailed by certified mail to the owner of such property, Frank A.
and Donna L. Atkinson, Trustees and Marion Earl Burlingham.
4 . On April �, 1998, I also caused a copy of the above-
referenced Notice to be mailed by first class mail to the above-
referenced owner.
I declare under penalty of perjury under the laws of the State
of California that the foregoing is true and correct.
Executed this day of April, 1998, at Palm Springs,
California.
Paul Larkin
780/003821-0017/3155478. 204/02/98
NOTICE OF INTENTION TO ADOPT A
RESOLUTION OF NECESSITY FOR ACQUISITION
OF A PORTION OF CERTAIN REAL PROPERTY IDENTIFIED AS
ASSESSOR PARCEL NO. 111-150-24
IN THE CITY OF HUNTINGTON BEACH
TO: MR. WILLIS MELVIN ELLIOTT
19411 WORCHESTER LANE
HUNTINGTON BEACH, CA 92646
This notice is sent to you by mail under requirements of
California Code of Civil Procedure Section 1245 . 235 . This notice
concerns a portion of certain real property identified as
Assessor' s Parcel No. 111-150-24 in the City of Huntington Beach.
The City of Huntington Beach ("City") has been investigating the
acquisition of this property for accommodation of a roadway
widening project ( "Project") . You were previously contacted by an
appraiser retained by the City and given an opportunity to
accompany the appraiser on an inspection of the property.
California Code of Civil Procedure Section 1240 . 030 provides
that the power of eminent domain may be exercised to acquire
property for a proposed .public -project if the following conditions
are established:
A. The public interest and necessity require the project;
B. 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. The property sought to be acquired is necessary for the
project;
D. The offer required by Section 7267 . 2 of the Government
Code has been made to the owner of record.
This notice is sent to inform you that the City of Huntington
Beach will be asked to decide if the above conditions are met
concerning the City' s acquisition of portions the above-referenced
property. This meeting will be held at or about 7 : 00 p.m. on
April 20, 1998 in the City Council Chambers located at 2000 Main
Street, Huntington Beach, California 92648 . If these conditions
are met, the City will be asked to adopt a resolution of necessity,
which is a prerequisite for the City' s initiation of eminent domain
proceedings to acquire the property.
For your information and convenience, a description of the
property is attached to this notice . If you would like further
information regarding the project, please contact the undersigned
at (714) 536-5445 .
Please be advised that you are entitled to appear and be heard
780/003821-0017/3155459. a04/02/98 -1-
on any of the matters encompassed within the resolution,
specifically those matters listed above, and whether the City has
the legal right and has followed the procedures required to acquire
the property by eminent domain.
Please take notice that if you wish to legally challenge any
action taken by the adoption of the resolution of necessity, any of
the findings or matters included within it, or any of the actions
taken pursuant to it, you may be limited in court to raising only
those issues raised at the resolution of necessity hearing, or in
written correspondence delivered to the City at, or prior to, the
hearing on the matter.
The City must adopt a resolution of necessity before an
eminent domain proceeding can commence. Within six (6) months
after the adoption of a resolution of necessity, the City may
commence eminent domain proceedings in the Orange County Superior
Court. In any such proceeding, the court will be asked to
determine the amount of just compensation to which you may be
entitled in the event the property is taken in eminent domain.
Neither the pendency of the City' s consideration of the
resolution of necessity, nor the initiation of formal eminent
domain proceedings, in any way prevents further negotiations from
occurring for the acquisition of your property, and the City will
be most willing to continue such negotiations.
If you have any comments or questions, please do not hesitate
to contact the undersigned at (714) 536-5445 . Thank you for your
cooperation in this matter.
Very truly yours,
CITY OF HUNTINGTON BEACH
By:
Paul Larkin
Real Estate Agent
PL:j as
780/003821-0017/3155459. a04/02/98 -2-
e
DECLARATION OF MAILING
I, Paul Larkin, declare :
1. The facts below are known personally to me and if called
upon to testify, I could and would competently testify thereto.
2 . I am employed by the City of Huntington Beach as a Real
Estate Agent.
3 . On April ; 1998, I caused the original of the Notice
of Intention to Adopt a Resolution of Necessity for Acquisition of
a Portion of Certain Real Property Identified as Assessor' s Parcel
No. 111-150-24 , located in the City of Huntington Beach to be
mailed by certified mail to the owner of such property, Willis
Melvin Elliott .
4 . On April , 1998, I also caused a copy of the above-
referenced Notice to be mailed by first class mail to the above-
referenced owner.
I declare under penalty of perjury under the laws of the State
of California that the foregoing is true and correct .
Executed this day of April, 1998, at Palm Springs,
California.
PaYil Larkin
790/003821-0017/3155479. a04/02/98
NOTICE OF INTENTION TO ADOPT A
RESOLUTION OF NECESSITY FOR ACQUISITION
OF A PORTION OF CERTAIN REAL PROPERTY IDENTIFIED AS
ASSESSOR PARCEL NO. 111-150-25
IN THE CITY OF HUNTINGTON BEACH
TO: PATRICIA A. DENSLOW JANE RANSFORD
5150 CALVIN AVENUE 2725 HILLTOP DRIVE
TARZANA, CA 91356 NEWPORT BEACH, CA 92660
BARBARA J. ATKINSON
P. 0. BOX 50455
OXNARD, CA 93031
This notice is sent to you by mail under requirements of
California Code of Civil Procedure Section 1245 . 235 . This notice
concerns a portion of certain real property identified as
Assessor' s Parcel No. 111-150-25 in the City of Huntington Beach.
The City of Huntington Beach ( "City" ) has been investigating the
acquisition of this property for accommodation of a roadway
widening project ("Project" ) . You were previously contacted by an
appraiser retained by the City and given an opportunity to
accompany the appraiser on an inspection of the property.
California Code of Civil Procedure Section 1240 . 030 provides
that the power of eminent domain may be exercised to acquire
property for a proposed public project if the following conditions
are established:
A. The public interest and necessity require the project;
B. 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. The property sought to be acquired is necessary for the
project;
D. The offer required by Section 7267.2 of the Government
Code has been made to the owner of record.
This notice is sent to inform you that the City of Huntington
Beach will be asked to decide if the above conditions are met
concerning the City' s acquisition of portions the above-referenced
property. This meeting will be held at or about 7 :00 p.m. on
April 20, 1998 in the City Council Chambers located at 2000 Main
Street, Huntington Beach, California 92648 . If these conditions
are met, the City will be asked to adopt a resolution of necessity,
which is a prerequisite for the City' s initiation of eminent domain
proceedings to acquire the property.
For your information and convenience, a description of the
property is attached to this notice. If you would like further
780/003821-0017/3155467. a04/02/98 -1-
information regarding the project, please contact the undersigned
at (714) 536-5445 .
Please be advised that you are entitled to appear and be heard
on any of the matters encompassed within the resolution,
specifically those matters listed above, and whether the City has
the legal right and has followed the procedures required to acquire
the property by eminent domain.
Please take notice that if you wish to legally challenge any
action taken by the adoption of the resolution of necessity, any of
the findings or matters included within it, or any -of the actions
taken pursuant to it, you may be limited in court to raising only
those issues raised at the resolution of necessity hearing, or in
written correspondence delivered to the City at, or prior to, the
hearing on the matter.
The City must adopt a resolution of necessity before -an
eminent domain proceeding can commence. Within six (6) months
after the adoption of a resolution of necessity, the City may
commence eminent domain proceedings in the Orange County Superior
Court . In any such proceeding, the court will be asked to-
determine the amount of just compensation to which you may be
entitled in the event the property is taken in eminent domain.
Neither the pendency of the City, s consideration of the
resolution of necessity, nor the initiation of formal eminent
domain proceedings, in any way prevents further negotiations from
occurring for the acquisition of your property, and the City will
be most willing to. continue such negotiations.
If you have any comments or questions, please do not hesitate
to contact the undersigned at (714) 536-5445 . Thank you for your
cooperation in this matter.
Very truly yours,
CITY OF HUNTINGTON BEACH
By:
aul L rkin
Real Estate Agent
PL:jas
780/003821-0017/3155467. a04/02/98 -2-
DECLARATION OF MAILING
I, Paul Larkin, declare:
.1 . The facts below are known personally to me and if called
upon to testify, I could and would competently testify thereto.
2 . I .-am employed by the City of :Huntington Beach -as a Real
Estate Agent . 2
3 . -On April / 1998, I caused the.. original of the Notice
of Intention to Adopt a Resolution of Necessity for Acquisition of
a Portion of Certain Real Property Identified as Assessor' s Parcel
No. 111-150-25, located in the City of Huntington Beach to be
mailed by certified mail to the owners of such. property, Patricia
A. Denslow, Jane Ransford and Barbara J. Atkinson.
4 . On April 1998, I also caused a copy of the above-
referenced Notice to be mailed by .first. class mail to the above-
referenced owner.
I declare under penalty of perjury under the laws of the State
of California that the foregoing is true and correct .
Executed this day of April, 1998, at Palm Springs,
California.
Pa 1 Larkin
780/003821-0017/3155482. a04/02/98
ATTACHMENT #3
RUTAN & TUCKER, LLR
ATTORNEYS AT LAW
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
JAMES R. MOORE• JAMES L MORRIS 611 ANTON BOULEVARD, SUITE 1400 TTHEW K. R055 KRAIG C.KILGER
PAUL FRE DERIC MAR% CAP LAN JEFFREY WERTHEIMER SCOTT R.SANTAGATA
R ICHARD A. CURNUTT MICHAEL T. HORNAH ROBERT O- OWEN ALL—C.OSTERGAR III
LEONARD A MPEL HILIP D. KOHN COSTA MESA, CALIFORNIA 92626-1998 ADAM N.VOLKERT JENNIFER WHITE-SPERLING
JOHN B HURLBUT,JR. JOEL D. KUPERBERG JEFFREY A. GOLDFARB STEVEN J.GOON
MICHAEL W MELL STEVEN A NICHOLS DIRECT ALL MAIL TO: P. O. BOX 1950 KEVIN BRAZIL DOUGLAS J. DENNINGTON
MILFORD W. DAHL,JR. THOMAS G. BROCKINGTON LAY NE H MELZER TREG A ULANDER
THEODORE I.WALLACE,JR.• WILLIAM W.WYNDER COSTA MESA, CALIFORNIA 92 62 8-19 50 L.SKI HARRISON To
O.LITFIN
JOSEPH D.CARRUTH EV RIDIKI IVICK11 DALLAS ELSE K TRAYNUM KARA 5.CARLSON
RICHARD P. SIM5 RANDALL M. BABBUSH TELEPHONE (714) 641-5100 CAROL L. DEMMLER ERIC L.DUNN
JAM ES
B. O'NZAL Y M-GREEN RICK D. MCCALLA FRED GALANTE
ROBERT C. BRAUN THOMAS J.CRANE RIC HARD N. HOWELL SEAN P.FARRELL
E OWARO D SYBE5MA,JR-' MARK B FRAZIER FAX (714) 546-9035 JAMES S.WEISZ' RLENE POSE
THOMAS S. SALINGER• THERINE JENSON MICHAEL K.SLATTERY APRIL LEE WALTER
DAVID C.LARSEN' DUKE F.W HLOUIST A. PATRICK MUNOZ AREN ELIZABETH WALTER
C LIFFORD E. FRIEDEN RICHARD G. MONTEVIDEO W. RUTAN IIBBO-19 J21 DEBRA DUNN STEEL ALIE S19BALD DUNDAS
MICHAEL D. RVBIN LORI SARNER SMITH MES B. TUC SR. 11 6 0 8-19 5 01 DAVID H HOCHNER L.SON M.BARBAROSH
IRA G. RIVIN• ERNES T W- KLATTE I MILFORD W. K.R.DAHL, SR_ 1.9.9-198B1 DAN 5LATER VLADIMIR P. BELO
JEFFREY M. OD TY
ERMAN• ELIZABETH L N H. RODGER HDWELL 1.925-19831 PAUL J.SIEVERS LYNN LOSCHIN
STAN WOLCOTT' KIM D-THOMPSON S. DANIEL HARBOTTLE PHILIP J. BLANCHARD
ROBERT S. BOWER JAYNE TAYLOR KACER JOSEPH L.MAGA III TERENCE J. GALLAGHER
DAVID J.ALESHIRE DAVID B. COSGRDVE
MARCIA A FORSYTM H AN VAN LIGTEN
WILLIAM M. MgRTICORENA STEPHEN A-ELLIS
A PROFESSIONAL CORPORATION
OF COUNSEL
GARVIN F. SHALLENBERGER
April 10, 1998 WILLIAM R. ALDI
DAVID J- GARIBLDI, III
VIA OVERNITE EXPRESS
Robert Franz
City of Huntington Beach
2000 Main Street
P. O. Box 190
Huntington Beach, CA 92648
Re: Resolutions of Necessity
Gothard Right-of-Way Project
Dear Mr. Franz:
Enclosed please find the original Resolutions of Necessity for
the five parcels the City is taking on Gothard Street.
Very truly yours,
RUTAN & TUCKER, LLP
icq�eline A. Strain
Paralegal
JAS: jas
Enclosures
cc: David B. Cosgrove, Esq. (w/o enclosures)
RESOLUTION NO. 9 8-2 7
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF HUNTINGTON BEACH
DECLARING THE PUBLIC INTEREST AND NECESSITY OF
ACQUISITION OF PORTIONS OF PROPERTY LOCATED ON
GOTHARD STREET IN THE CITY OF HUNTINGTON BEACH, CALIFORNIA,
IDENTIFIED AS ASSESSOR'S PARCEL NOS. 111-150-15 and 111-150-16
FOR THE PURPOSES OF CONDUCTING
ROADWAY IMPROVEMENTS
WHEREAS, the City of Huntington Beach is authorized under the provisions of its
charter and under the provisions of Sections 37350.5 and 40404 of the California
Government Code to acquire property by eminent domain for public purposes, and
specifically for street improvements; and
The City of Huntington Beach has been investigating the acquisition of various
interests in property, including an exclusive perpetual easement interest in certain property on
Gothard Street, identified as Assessor Parcel Nos. 111-150-15 and 111-150-16.
The "Project" for the purposes of this acquisition consists of the widening and
improving of Gothard Street; and
On April 10, 1998, after no less than 15 days written notice to the record owners of
the property referenced above and more specifically described in the legal description and
sketch attached hereto as Exhibits "A" and "B", respectively, ("Property") which legal
description and sketch are incorporated herein by reference, the City Council of Huntington
Beach held a hearing for the purpose of allowing the record owners of the property a
reasonable opportunity to appear and be heard on the following matters:
(a) Whether the public interest and necessity require the project;
(b) Whether the project is planned or located in a manner which is most
compatible with the greatest public good and the least private injury;
(c) Whether the property proposed to be acquired is necessary for the project; and
A Whether the offer required by Government Code Section 7267.2 had been
given; and
On that same date, the owners of the Property were also given a reasonable
opportunity to appear and be heard on whether the City has met the procedural prerequisites
to the exercise of eminent domain; and
The City Council, as a result of such hearing, has determined that the public health,
safety, and welfare require that the City acquire various interests in the Property more
780/003821-0017/3157806.1 a04/10/98 -1-
98-27
particularly described herein ("Property"), for the purposes of widening and improving
Gothard Street; and
The Project for which the Property to be acquired is sought has previously been
reviewed under applicable environmental review procedures, including Environmental Impact
Report No. 89-1, approved January 8, 1990; and
NOW, THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH, HEREBY DOES FIND, DETERMINE, AND
DECLARE BASED UPON EVIDENCE PRESENTED TO IT AS FOLLOWS:
Section 1. The property to be acquired is located within the City of Huntington
Beach, County of Orange, State of California, and is located on Gothard Street, and
otherwise identified as Assessor's Parcel Nos. 111-150-15 and 111-150-16. The Property the
City seeks to acquire, and the Property interests sought, consist of the following:
A. For the property more specifically described in Exhibit "A" hereto, an
easement more specifically described as follows:
An exclusive, perpetual easement for the purposes of
constructing, placing, maintaining, and operating a public right
of way and/or public utility facilities thereon, including all
rights of surface access and use consistent with the use as a
public right-of-way.
B. For the property more specifically described in Exhibit "B" hereto, a
temporary construction easement more specifically described as follows:
A temporary construction easement for City of
Huntington Beach ("City"), and its officers, agents, employees
and contractors, to enter upon, occupy, and pass over the
temporary construction easement area more specifically
described in the legal description attached hereto, as deemed
reasonably necessary for all purposes incidental to reconstructing
and widening Gothard Street ("Project") in accordance with
street improvement plans approved by City for the Project.
Such incidental purposes shall include, but not be limited to,
adjusting grade differentials between the planned street and the
adjoining real property and/or meeting or matching existing
concrete and/or asphalt paved areas, and/or natural grade areas,
constructing sidewalks, or such work as may pertain to on-site
improvements.
This temporary construction easement shall also include
the right to perform any necessary excavation, grading, earth
fill, compaction, installation of concrete forms, utility, fence and
sign relocation, private drainage facilities, all such necessary
780/003 82 1-00 1 7/3 1 37806.1 a04/10/98 -2-
98-27
activities which are reasonably incidental to the work being
performed on said property in connection with the Project. The
rights granted hereunder shall commence 2 days after
notification to the property owner and shall continue in full
force and effect until 12 months after notice. Upon termination
of this temporary construction easement, the temporary
construction easement area shall be restored to a condition that
is reasonably equivalent to its condition prior to the
commencement of the work.
This temporary construction easement shall not include
the right to store any materials or park any vehicles which are
not incidental to the work to be performed on site in connection
with the Project, or to block all vehicular access to the larger
parcel of property of which this temporary construction
easement is part. In connection with the exercise of this
temporary construction easement rights hereunder, City shall
protect and preserve all structures on the temporary construction
easement area in place, and shall protect or restore all
improvements thereon to a condition that is reasonably
equivalent to its condition prior to the commencement of the
work.
Section 2. The public interest and necessity require the Project; in that the City's
General Plan, and specifically the Circulation Element, calls for the expansion of Gothard
Street in the manner contemplated by the Project. In addition, the Gothard Street widening
is designed to relieve traffic congestion and increase the capacity of the street, which will
require continuity in the roadway alignment and traffic handling capacity of the street.
Section 3. The Project is located in a manner most compatible with the greatest
public good and least private injury, in that 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, in that the Project will involve road
widening which will enhance the utility of the area by improving traffic safety and circulation
for all those travelling on Gothard Street. The Project will result in the least private injury
in that, where possible consistent with safe roadway design restrictions, the property chosen
for potential acquisition was done so to minimize the number of property owners affected,
and to avoid impacts to residential properties.
Section 4. The property to be acquired is necessary for the Project, in that the
roadway widening must occur on property immediately adjacent.to the existing roadway.
Section 5. The offer required by Government Code Section 7267.2 has been made
to the record owners, by way of letters dated May 28, 1997 and March 6, 1998. Staff has
attempted to negotiate with the record owners subsequent to this offer, but such negotiations
have not proved successful in securing the necessary property interests outside of more
78vo03821-0017/3157W6.1 eo4i10/99 -3-
98-2i
formal proceedings.
Section 6. To the extent any of the property to be taken herein is devoted to a
public use, the City finds that the proposed use for the Project is compatible with, or more
necessary to, such public use, and that the City is authorized to acquire the Property pursuant
to Code of Civil Procedure § § 1240.510 and 1240.610.
Section 7. The Project has been reviewed and approved under the California
Environmental Quality Act by way of certification of Environmental Impact Report No. 89-1,
approved January 8, 1990, and the City Council finds and determines that since the time of
that certification there have been no subsequent changes with respect to the circumstances
under which the Project is to be undertaken, no new information of substantial importance
regarding significant effects or mitigation measures or alternative which has become
available, and no subsequent changes have been proposed in the Project which would require
important revisions to the previous environmental impact reports, such that no further
environmental review attending this proposed acquisition is necessary.
Section 8. The City Council hereby declares it is its intent to acquire the full fee
interest in the above-referenced property in the City's name in accordance with the
provisions of the laws of the State of California.
Section 9. The City Attorney in conjunction with the law firm of Rutan & Tucker
is hereby authorized and directed to prepare, institute, and prosecute in the name of the City
such proceedings, in the Court having proper jurisdiction thereof, as may be necessary for
the acquisition of.the fee interest to such property. Said counsel are also authorized and
directed to obtain any necessary order of the Court granting the City the right of prejudgment
and immediate possession and occupancy of the property.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 20th day of April, 1998.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk 4111 97City/ s�° 4 1��'{�(a�qg
REVIEWED AND APPROVED: INITIATED AND APPROVED:
C
City A&inistrator Directo of Public Works
78Q/003821-0017/3157M.1 a04/10/98 -4-
98-27
Res. No. 98-27
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 20th day of April, 1998 by the following
vote:
AYES: Harman, Green, Dettloff, Bauer, Sullivan, Garofalo
NOES:
ABSENT: Julien
City Clerk and ex-officio Clerk of the
City Council of the City of Huntington
Beach, California
G/reso lutVresbkpg/97-80
98-27
r'
EX [Brr "A"
LEGAL DESCRIPTION
FOR ROAD PURPOSES
A.P. NO. 111-150-15
BEING THAT PORTION OF LOT 13 IN BLOCK"B"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 71
PAGES 27 AND 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, LYING WESTERLY OF A LINE PARALLEL WITH AND
50.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE OF
CRYSTAL STREET (CRYSTAL AVENUE AS SHOWN ON SAID MAP).
CONTAINING AN AREA OF 2000 SQUARE FEET, MORE OR LESS.
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.
33
CIV11.
Vct�
JWDEN & EXHIBIT "A"
LEGAL DESCRIPTION
SOCIATES FOR ROAD PURPOSES
A.P. NO. 111-150-15 _
CIVIL E`7Gt\tERS-PLANNERS-LAND SURVEYORS W.O. NO. 0879-273-13X3 Date 11 1 93
18012 COWAN.SUITE 210 • IRVINE. CA 92714
' 98-27
EX Mrr "A"
LEGAL DESCRIPTION
FOR ROAD PURPOSES
A.P. NO. 111-150-16
BEING THAT PORTION OF LOT 14 IN BLOCK"B"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 WESTERLY OF A LINE PARALLEL WITH AND
50.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE OF
CRYSTAL STREET (CRYSTAL AVENUE AS SHOWN ON SAID MAP).
CONTAINING AN AREA OF 2000 SQUARE FEET, MORE OR LESS.-
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.
iiOfzssl
NE
-
`" 02 •
Exp.LsZ�. ;f
ALDEN & EXHIBIT "A"
LEGAL DESCRIPTION
SSOCIATES FOR ROAD PURPOSES
CIVIL ENGINEERS-PLANNERS-LAND SURVEYORS A.P. NO. 111-150-16
W.O. N0. 0879-273-13X3 Date 1 I 1 93
18012 COWAN,SUITE 210 • IRVINE. CA 92714
21A IL1A A1fA O.v_..__.._ -
98-27
EXHIBIT"A"
LEGAL DESCRIPTION
FOR TEMPORARY CONSTRUCTION EASEMENT
A.P. NO. 111-150-15 AND 16
BEING THOSE PORTIONS OF LOTS 13 AND 14 IN BLOCK "B" 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, MORE PARTICULARLY DESCRIBED AS ,
FOLLOWS:
A STRIP OF LAND, 15.00 FEET WIDE, LYING EASTERLY OF A LINE PARALLEL WITH
AND 50.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES,.FROM THE CENTERLINE
OF CRYSTAL STREET(CRYSTAL AVENUE AS SHOWN ON SAID MAP).
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
VWDEN LEGAL DESCRIPTION FOR
S EN &ES TEMPORARY CONSTRUCTION EASEMENT
AP.NO. 111-150-15 AND 16
CIVIL ENGINEERS-PLANNERS-LAND SURVEYORS W.O.No. 0879-396-1 Date 5/5/97
12012 COWAN.SUITE 210 • IRVINE,CA 92714 Engr. D.C. Chic. D.W. Sheet 1 of 2
98-27
EXHIBIT "B"
N.E. COR., NW 114, NW 114.
SEC. 2, T. 6 S., R. 11 W., 5B.B.1.
GARFIELD A VFNUF rZ
SCALE: 1'=100' I
. .3 2 1 12 Il 10 9 8
3O' 3O' -
I
28
13
4— 0 14 - �s
V:� 27
pCJch S.cCJ`� .� .Q ����'��J� •�r
0,*vn/V w� ,��t►O
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2G
- w
. Z
30' 30'
� G D• 3
INDICATES AREA $
k1Uld 25
DESCRIBED HEREIN 17
a
VAALDEN �C ExHIBfT •e'
SKETCH TO ACCOMPANY A LEGAL DESCRIPTION
SSOCIATES FOR ROAD PURPOSES
A.P. N0. 111-150-15
`712 COVA:N, SUITE 210. MINE. CA 92714 m-7 ---
98-27
�Y
EXHIBIT "B»
N
f. GOR., NW 114, NW 114,
EC. 2, T. G. 5., R. 11 W., 5f131�1.
N GARFIELD A VENUE rL
SCALE: 1'=100' I
• 3 2 1 12 r1l 10 9 8
30, 30,
0
28
i 13
LLQ
IV
1427
t
� cJ F4"�n�
QC
c� , n0 15 � ,v�aC S' ci v
Cat' j ro��~ I, ;,
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- 26
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16
30' 30'
E END• 3
® INWATES AREA
DESCRIBED HEREIN 25 17 �
EXIiiBIT W
ALDEN &
SKETCH TO ACCOMPANY A LEGAL DESCRIPTION
S S 0 CIATE S FOR ROAD PURPOSES
AP. NO. 111-150-16 -
19A1•) f`11W�V Q717�L ��n •r�n�,.e •.. ....�..
98-27
EXHIBIT
HE. CDR., NW 1/4, NW L4,
SEG. 2, T. G 5., R. 11 W., 59131`1.
GARFIELD A VENUE
SCALE: 1'=100' I
3 2 1 12 11 10 9 8
30' 30'
I
28 15'
- .. . 13
�I
t— 14
27 ks)
20
2JO
Ca`�' n Y i5 �is
c.
v
2G
z
16
30, 30.,
3
LEGEND_
p77TT� INDICATES AREA
DESCRIBED HEREIN 25 17.
s
ALDEN & SKErCH TO ACCOMPANY A•BLEGAL DESCRIPTION
S S 0 CIATE S FOR TEMPORARY CONSTRUCTION EASEMENT
A.P. NO. 111-150-15 do 16
18012 COTAN, Svrrz zio, iRVIn. CA 92714 W.0. No- 0879-396-1 Date 515l47
RESOLUTION NO. 9 8-2 8
RESOLUTION OF THE.CITY COUNCIL
OF THE CITY OF HUNTINGTON BEACH
DECLARING THE PUBLIC INTEREST AND NECESSITY OF
ACQUISITION OF PORTIONS OF PROPERTY LOCATED ON
GOTHARD STREET IN THE CITY OF HUNTINGTON BEACH, CALIFORNIA,
IDENTIFIED AS ASSESSOR'S PARCEL NO. 111-150-17
FOR THE PURPOSES OF CONDUCTING
ROADWAY IMPROVEMENTS
WHEREAS, the City of Huntington Beach is authorized under the provisions of its
charter and under the provisions of Sections 37350.5 and 40404 of the California
Government Code to acquire property by eminent domain for public purposes, and
specifically for street improvements; and
The City of Huntington Beach has been investigating the acquisition of various
interests in property, including an exclusive perpetual easement interest in certain property on
Gothard Street, identified as Assessor Parcel No. 111-150-17.
The "Project" for the purposes of this acquisition consists of the widening and
improving of Gothard Street; and
On April 10, 1998, after no less than 15 days written notice to the record owners of
the property referenced above and more specifically described in the legal description and
sketch attached hereto as Exhibits "A" and "B", respectively, ("Property") which legal
description and sketch are incorporated herein by reference, the City Council of Huntington
Beach held a hearing for the purpose of allowing the record owners of the property a
reasonable opportunity to appear and be heard on the following matters:
(a) Whether the public interest and necessity require the project;
(b) Whether the project is planned or located in a manner which is most
compatible with the greatest public good and the least private injury;
(c) Whether the property proposed to be acquired is necessary for the project; and
(d) Whether the offer required by Government Code Section 7267.2 had been
given; and
On that same date, the owners of the Property were also given a reasonable
opportunity to appear and be heard on whether the City has met the procedural prerequisites
to the exercise of eminent domain; and
The City Council, as a result of such hearing, has determined that the public health,
safety, and welfare require that the City acquire various interests in the Property more
780/003821-0017/3157802.1 a04/10/98 -1-
98-28
particularly described herein ("Property"), for the purposes of widening and improving
Gothard Street; and
The Project for which the Property to be acquired is sought has previously been
reviewed under applicable environmental review procedures, including Environmental Impact
Report No. 89-1, approved January 8, 1990; and
NOW, THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH, HEREBY DOES FIND, DETERMINE, AND
DECLARE BASED UPON EVIDENCE PRESENTED TO IT AS FOLLOWS:
Section 1. The property to be acquired is located within the City of Huntington
Beach, County of Orange, State of California, and is located on Gothard Street, and
otherwise identified as Assessor's Parcel No. 111-150-17. The Property the City seeks to
acquire, and the Property interests sought, consist of the following:
A. For the property-more specifically described in Exhibit "A" hereto, an
easement more specifically described as follows:
An exclusive, perpetual easement for the purposes of
constructing, placing, maintaining, and operating a public right
of way and/or public utility facilities thereon, including all
rights of surface access and use consistent with the use as a
public right-of-way.
B. For the property more specifically described in Exhibit "B" hereto, a
temporary construction easement more specifically described as follows:
A temporary construction easement for City of
Huntington Beach ("City"), and its officers, agents, employees
and contractors, to enter upon, occupy, and pass over the
temporary construction easement area more specifically
described in the legal description attached hereto, as deemed
reasonably necessary for all purposes incidental to reconstructing
and widening Gothard Street ("Project") in accordance with
street improvement plans approved by City for the Project.
Such incidental purposes shall include, but not be limited to,
adjusting grade differentials between the planned street and the
adjoining real property and/or meeting or matching existing
concrete and/or asphalt paved areas, and/or natural grade areas,
constructing sidewalks, or such work as may pertain to on-site
improvements.
This temporary construction easement shall also include
the right to perform any necessary excavation, grading, earth
fill, compaction, installation of concrete forms, utility, fence and
sign relocation, private drainage facilities, all such necessary
780/003 82 1-00 1 7/3 1 5 7802.1 a04/10/98 -2-
98-28
activities which are reasonably incidental to the work being
performed on said property in connection with the Project. The
rights granted hereunder shall commence 2 days after
notification to the property owner and shall continue in full
force and effect until 12 months after notice. Upon termination
of this temporary construction easement, the temporary
construction easement area shall be restored to a condition that
is reasonably equivalent to its condition prior to the
commencement of the work.
This temporary construction easement shall not include
the right to store any materials or park any vehicles which are
not incidental to the work to be performed on site in connection
with the Project, or to block all vehicular access to the larger
parcel of property of which this temporary construction
easement is part. In connection with the exercise of this
temporary construction easement rights hereunder, City shall
protect and preserve all structures on the temporary construction
easement area in place, and shall protect or restore all
improvements thereon to a condition that is reasonably
equivalent to its condition prior to the commencement of the
work.
Section 2. The public interest and necessity require the Project, in that the City's
General Plan, and specifically the Circulation Element, calls for the expansion of Gothard
Street in the manner contemplated by the Project. In addition, the Gothard Street widening
is designed to,relieve traffic congestion and increase the capacity of the street, which will
require continuity in the roadway alignment and traffic handling capacity of the street.
Section 3. The Project is located in a manner most compatible with the greatest
public good and least private injury, in that 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, in that the Project will involve road
widening which will enhance the utility of the area by improving traffic safety and circulation
for all those travelling on Gothard Street. The Project will result in the least private injury
in that, where possible consistent with safe roadway design restrictions, the property chosen
for potential acquisition was done so to minimize the number of property owners affected,
and to avoid impacts to residential properties.
Section 4. The property to be acquired is necessary for the Project, in that the
roadway widening must occur on property immediately adjacent to the existing roadway.
Section 5. The offer required by Government Code Section 7267.2 has been made
to the record owners, by way of letters dated May 28, 1997 and March 6, 1998. Staff has
attempted to negotiate with the record owners subsequent to this offer, but such negotiations
have not.proved successful in securing the necessary property interests outside of more
780/003821-0017/3157802.1 a04/10/98 -3-
98-28
formal proceedings.
Section 6. To the extent any of the property to be taken herein is devoted to a
public use, the City finds that the proposed use for the Project is compatible with, or more
necessary to, such public use, and that the City is authorized to acquire the Property pursuant
to Code of Civil Procedure § § 1240.510 and 1240.610.
Section 7. The Project has been reviewed and approved under the California
Environmental Quality Act by way of certification of Environmental Impact Report No. 89-1,
approved January 8, 1990, and the City Council finds and determines that since the time of
that certification there have been no subsequent changes with respect to the circumstances
under which the Project is to be undertaken, no new information of substantial importance
regarding significant effects or mitigation measures or alternative which has become
available, and no subsequent changes have been proposed in the Project which would require
important revisions to the previous environmental impact reports, such that no further
environmental review attending this proposed acquisition is necessary.
Section 8. The City Council hereby declares it is its intent to acquire the full fee
interest.in the above-referenced property in the City's name in accordance with the
provisions of the laws of the State of California.
Section 9. The City Attorney in conjunction with the law firm of Rutan & Tucker
is hereby authorized and directed to prepare, institute, and prosecute in the name of the City
such proceedings, in the Court having proper jurisdiction thereof, as may be necessary for
the acquisition of the fee interest to such property. Said counsel are also authorized and
directed to obtain any necessary order of the Court granting the City the right of prejudgment
and immediate possession and occupancy of the property.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 20th day of April, 1998.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk V z 19Y C yr eYy�,
3'
REVIEWED AND APPROVED: INITIAT D AND APPROVED:
G
City A41ministrator Director of Public orks
780/003821.0017/3157802.1 a04/10/98 -4-
Res.No. 98-28
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 20th day of April, 1998 by the following
vote:
AYES: Harman, Green, Dettloff, Bauer, Sullivan, Garofalo
NOES:
ABSENT: Julien
City Clerk and ex-officio Clerk of the
City Council of the City of Huntington
Beach, California
G/resol uti/resbk pg/97-80
• 98-28
EXHIBIT "A"
LEGAL DESCRIPTION
FOR ROAD PURPOSES
A.P. NO. 111-150-17
BEING THOSE PORTIONS.OF LOTS 15 AND 16 IN BLOCK "B" 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 WESTERLY OF A LINE PARALLEL
WITH AND 50.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE
CENTERLINE OF CRYSTAL STREET (CRYSTAL AVENUE AS SHOWN ON SAID MAP).
CONTAINING AN AREA OF 4000 SQUARE FEET, MORE OR LESS.
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.
46
Q�OTESS/
ME
a 402 -
Exp .• p• fic
sZ CNik.
ALDEN & EXHIBIT 1WI
LEGAL DESCRIPTION
SSOCIATES FOR ROAD PURPOSES
C1V1L ENGINEERS-PLANNERS-LAND SURVEYORS A.P. NO. 111-150-17
W.O. NO. 0879-273-13X3 Date 11 1 93
�1. 11012 COWAN Sl11TE 210 0 IRVINE CA 22714
98-28
EXHIBIT "A"
LEGAL DESCRIPTION
FOR TEMPORARY CONSTRUCTION EASEMENT
A.P.NO. 111-150-17
BEING THOSE PORTIONS OF LOTS 15 AND 16 IN BLOCK. "B" OF THE GARFIELD
STREET ADDITION TO HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNM 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:
A STRIP OF LAND, 15.00 FEET WIDE, LYING EASTERLY OF A LINE PARALLEL WITH
AND 50.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE
OF CRYSTAL STREET (CRYSTAL AVENUE AS SHOWN ON SAID MAP).
"AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE APART HEREOF.
VWDEN & LEGAL DESCRIPTION FOR
SOCIATES TEMPORARY CONSTRUCTION EASEMENT
A.P.NO. 111-150-17
CIVIL ENGINEERS-PLANNERS-LAND SURVEYORS W.O.NO. 0879-396-1 Date 5/5/97
19012 COWAN,SUITE 210 • IRVINE,CA 92714 Engr.D.C. Chk. D.W. Sheet 1 of 2
7141660-0110 FAX:660-0418
' 98-28
EXHIBIT "B"
HE. COR., NW 114, NW 1/4,
SEC. 2, T. G S., R. 11 W., SABA
� GA 1� U�RF LIB AVFN . �--_
SCALE: 1'=100' I
3 2 1 12 11 10 q 8
30930,
i
13
4—
L�. 0
c' 14
27 j
VA
l!)
OL
v
c
16
LEGEND
MUTES AREA 25 30' 30'
® -
DESCRIBED HEREN 17
ALDEN & FJO�f ow
WTCFt TO ACCOMPANY A LEGAL DESCRIPTION
S S O CIATE S FOR ROAD PURPOSES
AP. NO. 111-150-17 _
98-2F
EXHIBIT '"B"
N.E. COR., NW 114, NW 114,
5EG. 2, T. G. 5., R. 11 W., S.BB.M.
. - N-- ---- ---- GARFIELO AVENUE
SCALE: 1'=100' I ,
3 2' 1 12 11 10 q 8
30, 3011
i
28
13
0
.;
ep- 27 117 14
• ..s�.. '
v
2G
w
15,
16
9
LEGEND
.'
INDICATES AREA® ,DESCRIBED HEREIN 25 30 17
w
s
ALDEN & SKETCH TO ACCOWANY A,BLEGAL DESCRIPTION
S S 0 C IATE S FOR TEWORARY CONSTRUCTION EASEMENT
AP. HO. 111 150-17
18012 �COWAN, SUITE 210, IRVINE, CA 92714 W.O. No. 087q�g6-1 Date 5/5/g7
f71Al mqn-ni in FAX: 660-0418 C*--r nr. r%kit II.W_ ShPRt 2 Of_2...--
I/
RESOLUTION NO. 9 8-2 9
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF HUNTINGTON BEACH
DECLARING THE PUBLIC INTEREST AND NECESSITY OF
ACQUISITION OF PORTIONS OF PROPERTY LOCATED ON
GOTHARD STREET IN THE CITY OF HUNTINGTON BEACH, CALIFORNIA,
IDENTIFIED AS ASSESSOR'S PARCEL NO. 111-150-21
FOR THE PURPOSES OF CONDUCTING_
ROADWAY IMPROVEMENTS
WHEREAS, the City of Huntington Beach is authorized under the provisions of its
charter and under the provisions of Sections 37350.5 and 40404 of the California
Government Code to acquire property by eminent domain for public purposes, and
specifically for street improvements; and
The City of Huntington Beach has been investigating the acquisition of various
interests in property, including an exclusive perpetual easement interest in certain property on
Gothard Street, identified as Assessor Parcel No. 111-150-21.
The "Project" for the purposes of this acquisition consists of the widening and
improving of Gothard Street; and
On April 10, 1998, after no less than 15 days written notice to the record owners of
the property referenced above and more specifically described in the legal description and
sketch attached hereto as Exhibits "A" and "B", respectively, ("Property") which legal
description and sketch are incorporated herein by reference, the City Council of Huntington
Beach held a hearing for the purpose of allowing the record owners of the property a
reasonable opportunity to appear and be heard on the following matters:
(a) Whether the public interest and necessity require the project;
(b) Whether the project is planned or located in a manner which is most
compatible with the greatest public good and the least private injury;
(c) Whether the property proposed to be acquired is necessary for the project; and
(d) Whether the offer required by Government Code Section 7267.2 had been
given; and
On that same date, the owners of the Property were also given a reasonable
opportunity to appear and be heard on whether the City has met the procedural prerequisites
to the exercise of eminent domain; and
The City Council, as a result of such hearing, has determined that the public health,
safety, and welfare require that the City acquire various interests in the Property more
780/003821-0017/3157799.1 a%/10/98 -1-
98-29
particularly described herein ("Property"), for the purposes of widening and improving
Gotthard Street; and
The Project for which the Property to be acquired is sought has previously been
reviewed under applicable environmental review procedures, including Environmental Impact
Report No. 89-1, approved January 8, 1990; and
NOW, THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH, HEREBY DOES FIND, DETERMINE, AND
DECLARE BASED UPON EVIDENCE PRESENTED TO IT AS FOLLOWS:
Section 1. The property to be acquired is located within the City of Huntington
Beach, County of Orange, State of California, and is located on Gothard Street, and
otherwise identified as Assessor's Parcel No. 111-150-21. The Property the City seeks to
acquire, and the Property interests sought, consist of the following:
A. For the property more specifically described in Exhibit "A" hereto, an
easement more specifically described as follows:
An exclusive, perpetual easement for the purposes of
constructing, placing, maintaining, and operating a public right
of way and/or public utility facilities thereon, including all
rights of surface access and use consistent with the use as a
public right-of-way.
B. For the property more specifically described in Exhibit "B" hereto, a
temporary construction easement more specifically described as follows: .
A temporary construction easement for City of
Huntington Beach ("City"), and its officers, agents, employees
and contractors, to enter upon, occupy, and pass over the
temporary construction easement area more specifically
described in the legal description attached hereto, as deemed
reasonably necessary for all purposes incidental to reconstructing
and widening Gothard Street ("Project") in accordance with
street improvement plans approved by City for the Project.
Such incidental purposes shall include, but not be limited to,
adjusting grade differentials between the planned street and the
adjoining real property and/or meeting or matching existing
concrete and/or asphalt paved areas, and/or natural grade areas,
constructing sidewalks, or such work as may pertain to on-site
improvements.
This temporary construction easement shall also include
the right to perform any necessary excavation, grading, earth
fill, compaction, installation of concrete forms, utility, fence and
sign relocation, private drainage facilities, all such necessary
7 801003 92 1-001 7/3 1 5 7 7 99.1 a04/10/98 -2-
98-29
activities which are reasonably incidental to the work being
performed on said property in connection with the Project. The
rights granted hereunder shall commence 2 days after
notification to the property owner and shall continue in full
force and effect until 12 months after notice. Upon termination
of this temporary construction easement, the temporary
construction easement area shall be restored to a condition that
is reasonably equivalent to its condition prior to the
commencement of the work.
This temporary construction easement shall not include
the right to store any materials or park any vehicles which are
not incidental to the work to be performed on site in connection
with the Project, or to block all vehicular access to the larger
parcel of property of which this temporary construction
easement is part. In connection with the exercise of this
temporary construction easement rights hereunder, City shall
protect and preserve all structures on the temporary construction
easement area in place, and shall protect or restore all
improvements thereon to a condition that is reasonably
equivalent to its condition prior to the commencement of the
work.
Section 2. The public interest and necessity require the Project, in that the City's
General Plan, and specifically the Circulation Element, calls for the expansion of Gothard
Street in the manner contemplated by the Project. In addition, the Gothard Street widening
is designed to relieve traffic congestion and increase the capacity of the street, which will
require continuity in the roadway alignment and traffic handling capacity of the street.
Section 3. The Project is located in a manner most compatible with the greatest
public good and least private injury, in that 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, in that the Project will involve road
widening which will enhance the utility of the area by improving traffic safety and circulation
for all those travelling on Gothard Street. The Project will result in the least private injury
in that, where possible consistent with safe roadway design restrictions, the property chosen
for potential acquisition was done so to minimize the number of property owners affected,
and to avoid impacts to residential properties.
Section 4. The property to be acquired is necessary for the Project, in that the
roadway widening must occur on property immediately adjacent to the existing roadway.
Section 5. The-offer required by Government Code Section 7267.2 has been made
to the record owners, by way of letters dated May 28, 1997 and March 6, 1998. Staff has
attempted to negotiate with the record owners subsequent to this offer, but such negotiations
have not proved successful in securing the necessary property interests outside of more
780/003821.0017/3157799.1 204/10/98 -3-
98-29
formal proceedings.
Section 6. To the extent any of.the property to be taken herein is devoted to a
public use, the City finds that the proposed use for the Project is compatible with, or more
necessary to, such public use, and that the City is authorized to acquire the Property pursuant
to Code of Civil Procedure § § 1240.510 and 1240.610.
Section 7. The Project has been reviewed and approved under the California
Environmental Quality Act by way of certification of Environmental Impact Report No. 89-1,
approved January 8, 1990, and the City Council finds and determines that since the time of
that certification there have been no subsequent changes with respect to the circumstances
under which the Project is to be undertaken, no new information of substantial importance
regarding significant effects or mitigation measures or alternative which has become
available, and no subsequent changes have been proposed in the Project which would require
important revisions to the previous environmental impact reports, such that no further
environmental review attending this proposed acquisition is necessary.
Section 8. The City Council hereby declares it is its intent to acquire the full fee
interest in the above-referenced property in the City's name in accordance with the
provisions of the laws of the State of California.
Section 9. The City Attorney in conjunction with the law firm of Rutan & Tucker
is hereby authorized and directed to prepare, institute, and prosecute in the name of the City
such proceedings, in the Court having proper jurisdiction thereof, as may be necessary for
the acquisition of the fee interest to such property. Said counsel are also authorized and
directed to obtain any necessary order of the Court granting the City the right of prejudgment
and immediate possession and occupancy of the property.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 20th day of April, 1998.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk r f Z 198 CV_ X_
omey
y�
REVIEWED AND APPROVED: INITIATED AND APPROVED:
G
City A inistrator Director o Public orks
780/003821-0017/3157799.1 a04/10/98 -4-
Res. No. 98-29
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 20th day of April, 1998 by the following
vote:
AYES: Harman, Green, Dettloff, Bauer, Sullivan, Garofalo
NOES:
ABSENT: Julien
City Clerk and ex-officio Clerk of the
City Council of the City of Huntington
Beach, California
Ghesol utihesbkpg/97-50
98-29
EXHIBIT "A"
LEGAL DESCRIPTION
FOR
ROAD PURPOSES
A.P. NO. 111-150-21
BEING THAT PORTION OF THE NORTH HALF OF LOT 20 IN BLOCK "B", 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,
RECORDS OF SAID COUNTY, LYING WESTERLY OF A LINE PARALLEL TO AND 40.00
FEET EASTERLY,MEASURED AT RIGHT ANGLES,FROM THE FOLLOWING DESCRIBED
CENTERLINE:
BEGINNING AT THE CENTERLINE INTERSECTION OF CLAY AVENUE AND MAIN
STREET (CLAY STREET AND TWENTY THIRD STREET AS SHOWN ON SAID MAP);
THENCE NORTH 18059'43" EAST 50.95 FEET ALONG THE CENTERLINE OF SAID MAIN
STREET; THENCE NORTH 71000'00" WEST 80.47 FEET TO THE BEGINNING OF A
TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING.A RADIUS OF 330.00 FEET;
THENCE NORTHWESTERLY ALONG SAID CURVE 408.79 FEET THROUGH A CENTRAL
-- --ANGLE OF 70058'32" TO A-POINTON A'LINE PARALLEL WITH, AND 10.00 FEET
EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE OF CRYSTAL
STREET (CRYSTAL AVENUE AS SHOWN ON SAID MAP); THENCE NORTH 00*01128"
WEST 933.75 FEET, MORE OR LESS, ALONG SAID PARALLEL LINE TO THE
CENTERLINE OF GARFIELD AVENUE (GARFIELD STREET AS SHOWN ON SAID MAP).
CONTAINING AN AREA OF 1991 SQUARE FEET MORE OR LESS.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHT-OF-
Y AND EASEMENTS OF RECORD, IF ANY.
QRO SE ISSE 0 - -
\o�,A E �9�Fyc
Q
� y
Q 19402 a r
_ EXHIBIT "A"
OF ALDEN. & LEGAL DESCRIPTION
SSOCIATES FOR ROAD PURPOSES
A.P. NO. 111-150-21
CIVIL ENGINEERS-PLANNERS-LAND SURVEYORS W.O. NO. 0879-273-13X3 Date 11 2 93
19012 COWAN,SUITE 210 • IRVINE.CA 92711
714166"110 FAX:6604418 Engr. D.C. Chk. D.W. Sheet 1 of 2
98-29
EXHIBIT "A"
LEGAL DESCRIPTION
FOR TEMPORARY CONSTRUCTION EASEMENT
A.P. NO. 111-150-21
BEING THAT PORTION OF THE NORTH HALF OF LOT 20 IN BLOCK "B", OF THE
GARFIELD STREET ADDITION TO HUNTINGTON BEACH, IN THE CITY OF
HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON
THE MAY RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS,
RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A STRIP OF LAND, 15.00 FEET WIDE, LYING EASTERLY OF A LINE PARALLEL TO AND
40.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE FOLLOWING
DESCRIBED CENTERLINE:
BEGINNING AT THE CENTERLINE INTERSECTION OF CLAY AVENUE AND MAIN
STREET (CLAY STREET AND TWENTY THIRD STREET AS SHOWN ON SAID MAP);
THENCE NORTH 1805943" EAST 50.95 FEET ALONG THE CENTERLINE OF SAID MAIN
STREET; THENCE NORTH 71°00'00" WEST 80.47 FEET TO THE BEGINNING OF A
--TANGENT-CURVE,-CONCAVE NORTHEASTERLY, HAVING A RADIUS-OF-330.00..FEET; -- ---
THENCE NORTHWESTERLY ALONG SAID CURVE 408.79 FEET THROUGH A CENTRAL
ANGLE OF 70058'32" TO' A POINT ON A LINE PARALLEL WITH, AND 10.00 FEET
EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE OF CRYSTAL
STREET (CRYSTAL AVENUE AS SHOWN ON SAID MAP); THENCE NORTH 00'01'28"
WEST 933.75 FEET, MORE OR LESS, ALONG SAID PARALLEL LINE TO THE
CENTERLINE OF GARFIELD AVENUE (GARFIELD STREET AS SHOWN ON SAID MAP).
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
ALDEN & LEGAL DESCRIPTION FOR
SSOCIATES TEMPORARY CONSTRUCTION EASEMENT
AP.NO. 111-150-21
CIVIL ENGINEERS—PLANNERS—LAND SURVEYORS W.O.No. 0879-396-1 Date 5/5/97
18012 COWAN.SUITE 210 • IRVINE.CA 92714 Engr. D.C. Chk. D.W. Sheet I of 2
lllJ&rLnlln FAX-660dd18
98-29
HE. COR., NW 114, EXHIBIT "Br
NW 114. SEC. 2. T� ARFIELD
G 5., 10.00'
R. 11 W., 5.B13.I. AVENUE
30' 0'
PI
n is
°7 27
W
1 19 % SCALE: 1'=100'
4
•` G D'
57
4J L2 � c''���,0 INDICATES AREA
ne N ® DESCROED HEREIN
LOT 20 c c�".�%
25
D
5112_—
` L07 20 24 Q
� GO �
Lop o, 60, 37
23
J �
O
21 8�9, N i'00'00' W 38
?— 8 .47'
V 22
_ N 18 -'43- E
GLAY AVENUE
.013. 1
ALDEN & SKETCH TO ACCOMPANY A LEGAL DESCRIPTION
S S O CIATE S FOR ROAD PURPOSES
AP. ND. 111 150-21
18012 LORAN, SUITE 210. MINE, CA 92714 W.0. No 0879-273-13X3 Date ly2/`3
--- - --- -- - - 3
98-29
ME. COR., NW 114. EXHIBIT '"B�
NW 1/4, 5EC. 2, TXGARFIELD
6 5 10.00, /�
R. 11 W., SBB-,. AVENUE
30' '
I 18 ICI
27
3
co
N
O
,A.:%' SCALE: 1'=100'
o I 19 .
4 .a
F—� 10, cr 26 -
LW �� % `'.��a�' LEGENpi.
4-1 15' �F. ;� ® INDICATES AREA
D/ N 1/2, .� ��.� DESCRIBED HEREIN
� LOT 20 �' '`%
25
• D
n
-� 0•
0
LOT 20
24
60.
GO.
off, 37
23
I 21 9• N 00,00• W 38
}- .4
U 22
g
_ N 18 59'430 E
� ^ GLAY AVENUE 50.95
EXHIBIT '13'
ALDEN & SKETCH TO ACCOMPANY A LEGAL DESCR1P710N
S S 0 CIATE S >:OR TUFORARY CONSTRUCTION EASEMENT
AP. NO. 111-150-21
.18012'CORAN, SUITE 210, ERVINE, CA 92714 W.O. No. 0879-396-1 Date 5/5/97
+..� e��_�,.� FAY. AAn—ndlR c__� nr. rkt. nW Sheet2_Of�---
RESOLUTION NO.9 8-3 0
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF HUNTINGTON BEACH
DECLARING THE PUBLIC INTEREST AND NECESSITY OF
ACQUISITION OF PORTIONS OF PROPERTY LOCATED ON
GOTHARD STREET IN THE CITY OF HUNTINGTON BEACH, CALIFORNIA,
IDENTIFIED AS ASSESSOR'S PARCEL NO.. 111-150-24
FOR THE PURPOSES OF CONDUCTING
ROADWAY IMPROVEMENTS
WHEREAS, the City of Huntington Beach.is authorized under the provisions of its
charter and under the provisions of Sections 37350.5 and 40404 of the California
Government Code to acquire property by eminent domain for public purposes, and
specifically for street improvements; and
The City of Huntington Beach has been investigating the acquisition of various
interests in property, including an exclusive perpetual easement interest in certain property on
Gothard Street, identified as Assessor Parcel No. 111-150-24.
The "Project" for the purposes of this acquisition consists of the widening and
improving of Gothard Street; and
On April 10, 1998, after no less than 15 days written notice to the record owners of
the property referenced above and more specifically described in the legal description and
sketch attached hereto as Exhibits "A" and "B", respectively, ("Property") which legal
description and sketch are incorporated herein by reference, the City Council of Huntington
Beach held a hearing for the purpose of allowing the record owners of the property a
reasonable opportunity to appear and be heard on the following matters:
(a) Whether the public interest and necessity require the project;
(b) Whether the project is planned or located in a manner which is most
compatible with the greatest public good and the least private injury;
(c) Whether the property proposed to be acquired is necessary for the project; and
(d) Whether the offer required by Government Code Section 7267.2 had been
given; and
On that same date, the owners of the Property were also given a reasonable
opportunity to appear and be heard on whether the City has met the procedural prerequisites
to the exercise of eminent domain; and
The City Council, as a result of such hearing, has determined that the public health,
safety, and welfare require that the City acquire various interests in the Property more
1 5 9/003 82 1-001 7/3 1 3 1 86 1.1 "10/98 -1-
98-30
particularly described herein ("Property"), for the purposes of widening and improving
Gothard Street; and
The Project for which the Property to be acquired is sought has previously been
reviewed under applicable environmental review procedures, including Environmental Impact
Report No. 89-1, approved January 8, 1990; and
NOW, THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH, HEREBY DOES FIND, DETERMINE, AND
DECLARE BASED UPON EVIDENCE PRESENTED TO IT AS FOLLOWS:
Section 1. The property to be acquired is located within the City of Huntington
Beach, County of Orange, State of California, and is located on Gothard Street, and
otherwise identified as Assessor's Parcel No. 111-150-24. The Property the City seeks to
acquire, and the Property interests sought, consist of the following:
A. For the property more specifically described in Exhibit "A" hereto, an
easement more specifically described as follows:
An exclusive, perpetual easement for the purposes of
constructing, placing, maintaining, and operating a public right
of way and/or public utility facilities thereon, including all
rights of surface access and use consistent with the use as a
public right-of-way.
B. For the property more specifically described in Exhibit "B" hereto, a
temporary construction easement more specifically described as follows:
A temporary construction easement for City of
Huntington Beach ("City"), and its officers, agents, employees
and contractors, to enter'upon, occupy, and pass over the
temporary construction easement area more specifically
described in the legal description attached hereto, as deemed
reasonably necessary for all purposes incidental to reconstructing
and widening Gothard Street ("Project") in accordance with
street improvement plans approved by City for the Project.
Such incidental purposes shall include, but not be limited to,
adjusting grade differentials between the planned street and the
adjoining real property and/or meeting or matching existing
concrete and/or asphalt paved areas, and/or natural grade areas,
constructing sidewalks, or such work as may pertain to on-site
improvements.
This temporary construction easement shall also include
the right to perform any necessary excavation, grading, earth
fill, compaction, installation of concrete forms, utility, fence and
sign relocation, private drainage facilities, all such,necessary
159/003821-0017/3131861.1 a04/10/98 -2-
98-30
activities which are reasonably incidental to the work being
performed on said property in connection with the Project. The
rights granted hereunder shall commence 2 days after
notification to the property owner and shall continue in full
force and effect until 12 months after notice. Upon termination
of this temporary construction easement, the temporary
construction easement area shall be restored to a condition that
is reasonably equivalent to. its condition prior to the
commencement of the work.
This temporary construction easement shall not include
the right to store any materials or park any vehicles which are
not incidental to the work to be performed on site in connection
with the Project, or to block all vehicular access to the larger
parcel of property of which this temporary construction
easement is part. In connection with the exercise of this
temporary construction easement rights hereunder, City shall
protect and preserve all structures on the temporary construction
easement area in place, and shall protect or restore all
improvements thereon to a condition that is reasonably
equivalent to its condition prior to the commencement of the
work.
Section 2. The public interest and necessity require the Project, in that the City's
General Plan, and specifically the Circulation Element, calls for the expansion of Gothard
Street in the manner contemplated by the Project. In addition, the Gothard Street widening
is designed to relieve traffic congestion and increase the capacity of the street, which will
require continuity in the roadway alignment and traffic handling capacity of the street.
Section 3. The Project is located in a manner most compatible with the greatest
public good and least private injury, in that 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, in that the Project will involve road
widening which will enhance the utility of the area by improving traffic safety and circulation
for all those travelling on Gothard Street. The Project will result in the least private injury
in that, where possible consistent with safe roadway design restrictions, the property chosen
for potential acquisition was done so to minimize the number of property owners affected,
and to avoid impacts to residential properties.
Section 4. The property to be acquired is necessary for the Project, in that the
roadway widening must occur on property immediately adjacent to the existing roadway.
Section 5. The offer required by Government Code Section 7267.2 has been made
to the record owners, by way of letters dated May 28, 1997 and March 6, 1998. Staff has
attempted to negotiate with the record owners subsequent to this offer, but such negotiations
have not proved successful in securing the necessary property interests outside of more
159/003821-0017/3131861.1 a04/10/98 -3-
98-30
formal proceedings.
Section 6. To the extent any of the property to be taken herein is devoted to a
public use, the City finds that the proposed use for the Project is compatible with, or more
necessary to, such public use, and that the City is authorized to acquire the Property pursuant
to Code of Civil Procedure § § 1240.510 and 1240.610.
Section 7. The Project has been reviewed and approved under the California
Environmental Quality Act by way of certification of Environmental Impact Report.No. 89-1,
approved January 8, 1990, and the City Council finds and determines that since the time of
that certification there have been no subsequent changes with respect to the circumstances
under which the Project is to be undertaken, no new information of substantial importance
regarding significant effects or mitigation measures or alternative which has become
available, and no subsequent changes have been proposed in the Project which would require
important revisions to the previous environmental impact reports, such that no further
environmental review attending this proposed acquisition is necessary.
Section 8. The City Council hereby declares it is its intent to acquire the full fee
interest in the above-referenced property in the City's name in accordance with the
provisions of the laws of the State of California.
Section 9. The City Attorney in conjunction with the law firm of Rutan & Tucker
is hereby authorized and directed to prepare, institute, and prosecute in the name of the City
such proceedings, in the Court having proper jurisdiction thereof, as may be necessary for
the acquisition of the fee interest to such property. Said counsel are also authorized and
directed to obtain any necessary order of the Court granting the City the right of prejudgment
and immediate possession and occupancy of the property.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 20th day of April, 1998.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk �9 City Attorney 9S q I1s/9a
4-/y�'
REVIEWED AND APPROVED: INITIATED AND APPROVED:
c
City Adininistrator Director of Public Works
159/903821-0017/3131861.1 a04/10/98 -4-
Res. No. 98-30
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 20th day of April, 1998 by the following
vote:
AYES: Harman, Green, Dettloff, Bauer, Sullivan, Garofalo
NOES:
ABSENT: Julien
City Clerk and ex-officio Clerk of the
City Council of the City of Huntington
Beach, California
G/resol uti/resbkpg/97-80
98-30
EXHIBIT"A"
LEGAL DESCREMON
FOR ROADWAY ACQUISITION
A.P.NO. 111-150-24
BEING ALL OF LOT 21 IN BLOCK "B", OF .THE GARFIELD STREET ADDITION TO
HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON BEACH, C0mmY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED*IN BOOK 7, PAGES 27
AND 28 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, EXCEPTING
THEREFROM THE FOLLOWING DESCRIBED PORTION:
THAT PORTION OF SAID LOT 21 LYING SOUTHWESTERLY OF A LINE PARALLEL TO
AND 40.00 FEET SOUTHWESTERLY, MEASURED AT RIGHT ANGLES, FROM THE
FOLLOWING DESCRIBED CENTERLINE;
BEGINNING AT THE CENTERLINE INTERSECTION OF CLAY AVENUE AND MAIN
STREET (CLAY STREET AND TWENTY THIRD STREET AS SHOWN ON SAID MAP);
THENCE NORTH 1805943" EAST 50.95 FEET ALONG THE CENTERLINE OF SAID MAIN
STREET; THENCE NORTH 71°00'00" WEST 80.47 FEET TO THE BEGINNING OF A
TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 330.00 FEET;
THENCE NORTHWESTERLY ALONG SAID CURVE 408.79-FEET THROUGH A CENTRAL
ANGLE OF 70058'32" TO A POINT ON A LINE PARALLEL WITH, AND 10.00 FEET
EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE OF CRYSTAL
STREET(CRYSTAL AVENUE AS SHOWN ON SAID MAP); THENCE NORTH 00*01'28"
WEST 933.75 FEET, MORE OR LESS, ALONG SAID PARALLEL LINE TO THE
CENTERLINE OF GARFIELD AVENUE(GARFIELD STREET AS SHOWN ON SAID MAP).
CONTAINING AN AREA OF 9937 SQUARE FEET,MORE OR LESS.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE APART HEREOF.
VWDEN & LEGAL DESCRIPTION FOR
SOCIATES ROADWAY ACQUISITION
A.P.NO. 111-150-24
CIVIL ENOINEERS-PLANNERS-LAND SURVEYORS W.O.No. 0879-396-1 Date 5/5/97
18012 COWAN.sum 210 • IRVINE,CA 92714 Eng.D.C. Chk. D.W. Sheet 1 of 2
nuaan tin awx•MnnaI:
98-30
EXHIBIT "A"
LEGAL DESCRIPTION
FOR TEMPORARY CONSTRUCTION EASEMENT
A.P.NO. 111-150-24
BEING THAT PORTION OF LOT 21 IN BLOCK "B", 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, RECORDS OF SAID COUNTY, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
A STRIP OF LAND, 15.00 FEET WIDE, LYING SOUTHWESTERLY OF A LINE PARALLEL
TO AND 40.00 FEET SOUTHWESTERLY, MEASURED AT RIGHT ANGLES, FROM THE
FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE CENTERLINE INTERSECTION OF CLAY AVENUE AND MAIN
STREET (CLAY STREET AND TWENTY THIRD STREET AS SHOWN ON SAID MAP);
THENCE NORTH 18059'43" EAST 50.95 FEET ALONG THE CENTERLINE OF SAID MAIN
STREET; THENCE NORTH 71000'00" WEST 80.47 FEET TO THE BEGINNING OF A
TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 330.00 FEET;
THENCE NORTHWESTERLY ALONG SAID CURVE 408.79 FEET THROUGH A CENTRAL
ANGLE OF 70058'32" TO A POINT ON A LINE PARALLEL WITH, AND 10.00 FEET
--- EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE OF CRYSTAL
STREET(CRYSTAL AVENUE AS SHOWN ON SAID MAP); THENCE NORTH 00001,28"
WEST 933.75 FEET, MORE OR LESS, ALONG SAID .PARALLEL LINE TO THE
CENTERLINE OF GARFIELD AVENUE(GARFIELD STREET AS SHOWN ON SAID MAP).
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
kSDEN & LEGAL DESCRIPTION FOR
SOCIATES TEMPORARY CONSTRUCTION EASEMENT
A.P.NO. 111-150-24
CIVIL ENGINEERS-PLANNERS-LAND SURVEYORS W.O.NO. 0879-396-1 Date 5/5/97
18012 COWAN.SUITE 210. 1RVINE.CA W14 Engr.D.C. Chk. D.W. Sheet 1 of 2
7uOSA"l lA WAY-0-941AA12
98-30
N.E. COR., NW 1/4. EXHIBIT "B"
NW 1/4,-SEG. 2 T.. G 5\1,�! &RFIEL,0
00
R. 11 W., S-B.BMi AVENUE
We o.
I 18 I1�
27
3
0 19 s� SCALE: 1'=100'
4
1 �r 26 _
LEG
W �f INDICATES AREA
�0
N 1/2. * '„�~ ® DESCRIBED HEREIN
ks) LOT 20 G
25
D
ok
_ 5 1/2� _
�0. LOT 20 24 NZ44
Go'
u000 60, 37
23
I 21 H .4700�• W 38
}�—
U 22 •
- s
50845''43' Ems_
GLA Y A VENUE 3
.OJ3 i
EXHIBIT W
ALD EN & SMTGH TO ACCOMPANY A LEGAL DESCRIPTION.
S S B CIATE S fOR ROAD ACQUISITION
AP. NO. 111-150 24
113012 COWAN, SUITE 210. IRVM. CA 92714 W.O. No- 087q-3`G-1 Date 5/5/47
98-30
HE. COR., NW 1/4, �X�f jQ j 1' ��
HW 1/4. SEC. 2. T. 6 5. 10.00'
R. 11 w., 5138�I. GARFIELD AVENUE
30' '
18 y ICI
27
3
P ss' SCALE: 1 =100'
14 � 19 � ���
LEGEND
lid c'E;: -INDICATES AREA
N 112, d „ r ® DESCRIBED HEREIN
�`c�
� LOT 20 � � .
25
D
• 0!
s
LOT 20 24
• - --- - w -
Go,
00 �0 60, 37
23
21 9 N .4��• W 38
IV_
r
V 22 E
R=32' N 18-59'43' E
CLAY AVENUE
V*AL DEN & ElO�fIBIr •e'
51TTCH TO ACCOI'IPANY A LEGAL DESCRIPTION
S S O CIATE S FOR TEWORARY CONSTRUCTION EA SU ENT
AP. N0. I11-150-25
18019 COWAN, SUITE 210. MINE, CA 92714 W.O. No 0879-396-1 Date 5/5/97 -
98-.
RESOLUTION NO. 9 8-31
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF HUNTINGTON BEACH
DECLARING THE PUBLIC INTEREST AND NECESSITY OF
ACQUISITION OF PORTIONS OF PROPERTY LOCATED ON
GOTHARD STREET IN THE CITY OF HUNTINGTON BEACH, CALIFORNIA,
IDENTIFIED AS ASSESSOR'S PARCEL NO. 111-150-25
FOR THE PURPOSES OF CONDUCTING
ROADWAY IMPROVEMENTS
WHEREAS, the City of Huntington Beach is authorized under the provisions of its
charter and under the provisions of Sections 37350.5 and 40404 of the California
Government Code to acquire property by eminent domain for public purposes, and
specifically for street improvements; and
The City of Huntington Beach has been investigating the acquisition of various
interests in property, including a fee title interest in certain property on Gothard Street,
identified as Assessor Parcel No. 111-150-25.
The "Project" for the purposes of this acquisition consists of the widening and
improving of Gothard Street; and
On April 10, 1998, after no less than 15 days written notice to the record owners of
the property referenced above and more specifically described in the legal description and
sketch attached hereto as Exhibits "A" and "B", respectively, ("Property") which legal
description and sketch are incorporated herein by reference, the City Council of Huntington
Beach held a hearing for the purpose of allowing the record owners of the property a
reasonable opportunity to appear and be heard on the following matters:_
(a) Whether the public interest and necessity require the project;
(b) Whether the project is planned or located in a manner which is most
compatible with the greatest public good and the least private injury;
(c) Whether the property proposed to be acquired is necessary for the project; and
(d) Whether the offer required by Government Code Section 7267.2 had been
given; and
On that same date, the owners of the Property were also given a reasonable
opportunity to appear and be heard on whether the City has met the procedural prerequisites
to the exercise of eminent domain; and
The City Council, as a result of such hearing, has determined that the public health,
safety, and welfare require that the City acquire various interests in the Property more
7901003821-0017/3157796.1 e04/10/98 -1-
98-31
particularly described herein ("Property"), for the purposes of widening and improving
Gdthard Street; and
The Project for which the Property to be acquired is sought has previously been
reviewed under applicable environmental review procedures, including Environmental Impact
Report No. 89-1, approved January 8, 1990; and
NOW, THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH, HEREBY DOES FIND, DETERMINE, AND
DECLARE BASED UPON EVIDENCE PRESENTED TO IT AS FOLLOWS:
Section 1. The property to be acquired is located within the City of Huntington
Beach, County of Orange, State of California, and is located on Gothard Street, and
otherwise identified as Assessor's Parcel No. 111-150-25. The Property the City seeks to
acquire, and the Property interests sought, consist of the following:
A. Fee simple title to the full square footage of Assessor's Parcel No. 111-150-
25.
Section 2. The public interest and necessity require the Project, in that the City's
General Plan, and specifically the Circulation Element, calls for the expansion of Gothard
Street in the manner contemplated by the Project. In addition, the Gothard Street widening
is designed to relieve traffic congestion and increase the capacity of the street,.which will
require continuity in the roadway alignment and traffic handling capacity of the street.
Section 3. The Project is located in a manner most compatible with the greatest
public good and least private injury, in that 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, in that the Project will involve road
widening which will enhance the utility of the area by improving traffic safety and circulation
for all those travelling on Gothard Street. The Project will result in the least private injury
in that, where possible consistent with safe roadway design restrictions, the property chosen
for potential acquisition was done so to minimize the number of property owners affected,
and to avoid impacts to residential properties.
Section 4. The property to be acquired is necessary for the Project, in that the
roadway widening must occur on property immediately adjacent to the existing roadway.
Section 5. The offer required by Government Code Section 7267.2 has been made
to the record owners, by way of letters dated May 28, 1997 and March 6, 1998. Staff has
attempted to negotiate with the record owners subsequent to this offer, but such negotiations
have not proved successful in securing the necessary. property interests outside of more
formal proceedings.
Section 6. To the extent any of the property to be taken herein is devoted to a
public use, the City finds that the proposed use for the Project is compatible with, or more
780/003821-0017/3157796.1 a04/10/98 -2-
98-31
necessary to, such public use, and that the City is authorized to acquire the Property pursuant
to-Code of Civil Procedure § § 1240.510 and 1240.610.
Section 7. The Project has been reviewed and approved under the California -
Environmental Quality Act by way of certification of Environmental Impact Report No. 89-1,
approved January 8, 1990, and the City Council finds and determines that since the time of
that certification there have been no subsequent changes with respect to the circumstances
under which the Project is to be undertaken, no new information of substantial importance
regarding significant effects or mitigation measures or alternative which has become
available, and no subsequent changes have been proposed in the Project which would require
important revisions to the previous environmental impact reports, such that no further
environmental review attending this proposed acquisition is necessary.
Section 8. The City Council hereby declares it is its intent to acquire the full fee
interest in the above-referenced property in the City's name in accordance with the
provisions of the laws of the State of California.
Section 9. The City Attorney in conjunction with the law firm of Rutan & Tucker
is hereby authorized and directed to prepare, institute, and prosecute in the name of the City
such proceedings, in the Court having proper jurisdiction thereof, as may be necessary for
the acquisition of the fee interest to such property. Said counsel are also authorized and
directed to obtain any necessary order of the Court granting the City the right of prejudgment
and immediate possession and occupancy of the property.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 20th day of April, 1998.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk �Z19 8 City Attorney,�k*/I/319Y
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City AddThistrator Director o Public Works
780=3821-0017/3157796.1 aO4/10/99 -3-
Res. No. 98-31
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
i 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 20th day of April, 1998 by the following
vote:
s
a
{
1
AYES: Harman, Green,Dettloff,Bauer, Sullivan, Garofalo
NOES:
ABSENT: Julien
City Clerk and ex-officio Clerk of the
City Council of the City of Huntington
Beach, California
i
1
G/res of utUresbkpg/97-80
{
• 98-31
OR-9262862
DESCRIPTION
THE LAND REFERRED TO IN THIS .REPORT IS SITUATED IN THE STATE OF
-CALIFORNIA, . COUNTY OF ORANGE, CITY OF HUNTINGTON BEACH, AND IS
DESCRIBED AS FOLLOWS:
LOT 22 IN BLOCK B OF GARFIELD STREET ADDITION TO HUNTINGTON BEACH,
AS SHOWN ON A MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
w
PAGE 5
• EXHIBIT
.. , III-�5 •
M
10 159.28 i"• ioo'
HOLLY , STREET
�t, O.tt• t �• �qi J6 �
' O G Rfl£LD STREET g
r Pow ec ir. e
f a o
J " ti
1' ',,. •
O �• N
40.
1� I •n• 6 f` J! !t it
14 to
`` \ 27 ` i
r1
Ilk
LRAC
I • A '
O
O n .
W .
A00/7ON i ®i zJ • z
CRYSTAL. STREET $
14 I '
GARFIELO STREET ADDMON M.M.7.2I,2B NOTE —ASSESSOR'S BLOCK B ASSESSOR'S MAP
' MARCH /95/
PARCEL NUMBERS BOOK III PAGE 15
SHOWN /N CIRCLES COUNTY Of ORANGE
10
1
i '
ATTACHMENT #4
ATTACHMENT 5
APPRAISAL SUMMARY — GOTHARD STREET PROPERTIES
Summary of Just Compensation
_ Owner PARCEL# ,Area To .- : Value IM�ROVE� CONSTR Remecl�
MENT`
=£ `� 4
Bed Land ` Emulrec
Or
asemen# -
Anderson, et al 111-150-15,16 4,000 76,000 77,303 1,900 0 $160,200
4,950
Scott 111-150-17 4,000 76,000 13,796 1,900 0 $92,300
600
111-150-21 1,991 37,829 8,275 868 <10,015> $37,200
Atkinson, et al 200
Elliott 111-150-24 9,937 188,803 5,200 1,045 <279,050> 25% of
29,762 $224,810
or $56,200
Denslow, et al 111-150-25 13,037 248,000 0 0 <24,050> $224,000
0029897.DOC 04/09/9810:33 AM
COVER PAGE
REQUEST FOR LATE SUBMITTAL
(To accompany RCA)
. _ ...
Department: b�,,� , S Uc Subject (, (�
Council Meeting Date: o �j' Date of This Request:
REASON (Why is this RCA being submitted late?):
EXPLANATION (Why is this RCA necessary to this agenda?):
CONSEQUENCES How shall delay of this RCA adversely impact the City?):
i r 91�pproved O Denied O Approved O Denied
/ Initials
Required '
Depart e t ad As 5it Administrator Citv Administrator
0003982.01 07114/94
Request for Late Submittal
Requests for Council Action (RCA's) are due and considered late after the
- City Administrator's deadline which is 5:00 P.M. Wednesday ten days prior
to the Council meeting at which the item is to be heard. This deadline
reflects the time needed prior to Agenda Review for Administration staff and
the City Administrator to review all RCA's and their support material prior to
forwarding them to the City Clerk for placement on the preliminary agenda.
It also provides time for the City Clerk's office to review the item and add
proper wording for the item to the preliminary agenda for discussion at
Agenda Review the following Monday.
The Request for Late Submittal form must accompany RCA's submitted
after the Wednesday deadline.
Late RCA's will be agendized only with signed authorization on the Request
for Late Submittal form by the .Assistant City Administrator or the City
Administrator and provided there are extenuating circumstances which
caused the item to be delayed, and it is necessary that action be taken on
the item at the upcoming Council meeting.
7/14/94
RCA ROUTING SHEET
INITIATING DEPARTMENT: Administrative Servies
SUBJECT: Gothard Right-of-Way Interest and Necessity
COUNCIL MEETING DATE: April 20, 1998
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Attached
Tract Map, Location Map and/or other Exhibits Attached
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
. ........ ........ .. ..... ......... ........ .. ...... ...... _.. ........ ......... .. .. ._
........ . ............... _ _. _ ... -- .._....... ... ..........
EXPLANATION FOR MISSING ATTACHMENTS;
....... . . ....... .......... ....... ..... ......... . ..... .... .......
. ........ ...._.. ........ ...... . ........ . ......... ... .... _ .. . .. .._ . . ......... .... . ........
REVIEWED RETURNED.
. FORWA
... _.
Administrative Staff ( ) ( )
Assistant City Administrator (Initial) ( ) ( )
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EXPLANATION FOR RETURN OF ITEM.
Only)(Below Space For City Clerk's Use
RCA Author: Paul Larkin
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P.O. Box 50455
Oxnard, CA 93031
Pager: (805) 675-6467 _ _
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To: CONNIE, City Clerk of the City of Huntington Beach. co ;2:
Re: Council Agenda Item D-2, April 20, 1998 EF C.)
Dea Conni �' - � � o y��
(mot �.
Thanl� you for you kind a d exceptionally courteous help z o
A (Q- Co U-nS
Council cannot know what happened about the property un o sD tell
them. "r'��-o,Q'e .. "ro ens ii4- 4� .� o
I will make a statement this evenifig to council, about item d-2 in
that I will oppose the commencement of eminent domain proceedings
against me on the following grounds, with explanations, each and
all.
I. My mother died in 1985 . her 3/10 of the subject property is
still in her estate. After she died, I was told I could not sell
the property because the City planned to make it into an
intersection. That was 13 years ago. All that time, and for Long
before, my family and I have been paying taxes on the property that
cannot be sold because the City is taking it. 20 years ago, Carl.
Weaver and the planning Commission and others, met and decided the
subject property would be the City' s major intersection. The. City
has been sitting on it ever since, and it could not be sold, which
constitutes a taking under color of authority without compensation.
2. The first purchase offer by the City was not fair or bona fide
because it was made pursuant to an expired and outdated appraisal
that was erroneous, mailed to me 6 days after it expired and
included property in other cities as [inapplicable] comparables .
I am asking for a level playing field with true, statutory
comparables .
3 . The second offer by the City was made in bad faith because it
was based on an appraisal that was not a true, lawful appraisal of
the property, which statutorily must be on sales within the past 6
months of properties within: a one mile radius. NONE of the,
properties in the appraisal were in the 111 APN range, as far as I
know. I didn' t receive a copy of the appraisal. I am asking for
a level playing field with true, statutory comparables .
4 . The City caused the title company to erroneously state a
portion of the interests belongs to the State of California. That
is untrue and may complicate closing of escrow, if any. Maybe I
should keep my Mother ' s 3/10 because it is not needed for the
intersection.
UWZU11yy8 04:32 805-650-5543 PAGE 03
5. The title company (the City' s) sent me inapplicable
comparables, none of which had the APN number 111. I am only
asking for a level playing field. I subsequently received true
comparables from another title company.
6. It is harsh and intimidating for me and the other owners to be
subjected to litigation for the City to take out r land because,
first, in effect, the city already TOOK it ! The City told me that
even if I try to sell, it to someone else, the city will Commence
litigation. I already know that the City' s law firm, Rutan and
Tucker, does things such as have hearings without statutory notice,
as they already did that to me in another matter in my Mother' s
estate. ,
7 . Litigation over property the City has been sitting on, and
forbidding us to sell to someone else is unjust in the concept,
when the city has actually gone OUT OF ITS WAY to create the
situation, to unjustly punish the other owners and me for trying to
defend our right to sell our property, and to insist on a valid
appraisal and offer based on true, statutory comparables of sales
within a one mile radius in the last 6 months .
8 . Even the location on our land of the City' s major intersection
for the 10, 000 person development of expensive homes is erroneous
because, by having our, land for the intersection, the police,
fire, ambulance and other public safety and emergency vehicles and
personnel will have to go WAY around the development to our land at
the far end, adding more than approximately five minutes to the
response time for a heart attack, shooting, fire or explosion or
other emergency, which could mean lost lives due to the extra time.
I wouldn't want to be living in the homes farthest north in the new
development and have a heart attack when every minute counts for me
to receive oxygen!
9. Some of the other owners are already more than 80 years
old and . quite ill. They have been waiting 20 years to sell their
property. How about a true, fair offer from the City based on the
true comparables? How about the City not trying to steamroller us,
the owners of the land the City sat on and prevented us from
selling for more than 20 years?
10. Litigation against us for the City to take. the property
may indeed be the best thing, because at least the court would set
a FAIR value for the property, based on TRUE AND CURRENT
comparables at the TIME. Every day, property values in Southern
California are going up. Sales in Ventura County are up 32% ! We
all know that appraisals are even late in reflecting the increasing
prices of land!
11 . First the City said $25, 000 for clean-up but we never had
an oil well on our land. Then the City said $100, 000 for clean up
MAYBE! But any contamination of our land is from the next lot- we
all know that is from the Huntington Beach company- now PLC. I
U`1i_U/1 JJ6 U4;JG bt7J-l70U-:J04.i. PfilA,� G4
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have proof PLC dumped its rubbish on our land. The City kneW to
request the huge trucks always parked on out land be moved for the
appraisal photo. I firmly believe the City is trying to make us
pay for decontamination of PL' s LOTS ! -
12. After a diligent search I cannot find ANY SINGLE place
that any holes were dug for checking soil. contamination.
For the foregoing reasons, I respectfully request the city
delay for two weeks any decision on this agenda item and
instituting litigation against us and instead, request the Real
Estate department to obtain true comparables of ALL properties sold
with the APNs beginning Ill and to send all the owners copies and
fox the City to make a FAIR offer based on the square foot price of
the true comparables.
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' `e CITY CLERK RECEIVED
CITY OF
1 941 1 WORCHESTER LANE: - HUNTINGTON BEACH.CA
HUNTINGTON BEACH. CALIFORNIA 92646
TELE. (714) 968-4919 lq98 APR 20 P 12: 42
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City Council .Meeting - April 20, 1998
UISIt Properr q= ions
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New
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_ Gothard
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Right ofWayAcquisition
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Godard extension �toMatn St.
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• Extension of newxQpthard Street
from =Garfield to Main St. re uires�
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w widening of CrystalSt
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• Gity has beenacquiring Rightof Way
for the widenn'g -
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• 5 parcels remain�to, be",aequired'
• All acqu sitioncostsape paid byQ.
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developer
�� Slide 2
Agenda Item D-3
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City Council Meeting - April 20, 1998
New G`othded Extension Pro'ect
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Slide 3
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Aczquisition r'ocess
• S`taffghas been negotiat i% -IJ th=e owners
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of they rem"ainingMpropert�es
No ageementon compensation has been
reached with4 of�th:e 5 owners -. -
•Fnaloffers havebeenrnade -based-on
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updated appraisals
• Notices 4 hearing have bee
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• After hearing, _City cah. cguire,needed
parcels for street cons,truction
A Court"will later determine mom `pensation to
,
owners"
r -5, Slide 4
Agenda Item D-3
City Council Meeting - April 20, 1998
41
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Anderfison, et al an Scott parc.
• Bothare partial takes 20' by200'a
4000square feet
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Anderson; etal iparcel
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Agenda Item D-3
City Council Meeting - April 20, 1998
20
WE
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Scottparcel _
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AtkinsoGn-6ur.lin harn arcel
• Partial take 199�1,square feet
• Agreement ff comV.
pensation has been:
w � 4 ,
reached
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•. Escro `as w h notcl:osed
Atkinson
34
main treet
61
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�X art 9 � Slide 8 d
Agenda Item D-3
City Council Meeting - April 20, 1998
Atkinson _in url ham ar
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Eliiottparc�el
• Part}ixal�take 9;93Tsauare fee ...........
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Side 10
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Agenda Item D-3
City Council Meeting - April 20, 1998
Ell:[ottYparcel
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Denslow, et al arcel�
Off• FullWON'
ake - 13 037 square feet
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Slide 12: r
Agenda Item D-3
City Council Meeting ---April 20, 1998
Denslow; etal , arcel
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Procedura{ R�ecq �irernents
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The ro ect � inconformance with
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the General PlanolM
• CEQA requirements have been me`t
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#Full amount of appraised ualuelhas
been �ffered
Notices have bee-sent
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Agenda Item D-3
City Council Meeting - April 20, 1998
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Summary Hof Staff PresentatIon
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• ThRE
e 5 parcelsare�needed for,the
extension of new ' hardy b.- St.
�s
No agreement has been reached to m
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acquire 4 of thel proper
• Ali procedural requirements have
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been metto conduct hearing
• Afterhearingounci-l.can consider HI
adoption of Resolutions (5 votes
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required)
Slide 15
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New Gothard Extension Project
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Agenda Item D-3