HomeMy WebLinkAboutEminent Domain Resolutions Main-Pier Project Area - Parking :j
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NO RESOLUTION DATE
5847 Vacation of easement-Hartford Ave./West of Alabama St.-Public St 02/16/88
5848 Brookhurst St Bridge Widening-Agmt for Federal Aid Project No.07-5181 02/16/88
5849
5850 Residential Animal Permit (Ducks, Goose, Rabbits) 03/07/88
5851 Main St as primary arterial btwn Garfield-Yorktown Circulation
Element Amend #88-1 to General Plan. 03/03/88
5852 Development of Pooled Excess Liability Insurance Program 03/07/88
5853 Applications & documents for financial assistance under FCD Act
of 1950 Auth. execution by city officials 03/07/88
5854
5855
5856 Traffic Signal Magnolia St/Hamilton Ave-Auth. execution of Supplement
#17 to Agreement No. 07-5181 ° 03/21/88
5857
5858
5859
5860 Eminent Domain Main-Pier Redv Area AP 024-143-12 & 17 Koller/Guarano 03/28/88
(Crocker Bank)
5861 Eminent Domain Main-Pier Redv Area AP 024-148-19 Shandrick 03/28/88
5862 Eminent Domain Main-Pier Redv Area AP 024-143-20 Koller-Hinton 03/28/88
5863 Eminent Domain Main-Pier Redv Area AP 024-148-12 Nicolle 03/28/88
5864 Eminent Domain Main-Pier Redv Area AP• 024-143-01 Shandrick 03/28/88
RESOLUTION NO. 5860
A RESOLUTION OF THE CITY OF HUNTINGTON BEACH
DECLARING THAT THE PUBLIC INTEREST AND NECESSITY
REQUIRE ACQUISITION OF CERTAIN REAL PROPERTY IN THE
CITY OF HUNTINGTON BEACH FOR PUBLIC PURPOSES, AND
AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY
EMINENT DOMAIN
WHEREAS, the City of Huntington Beach is proposing to take
the real property generally located at Fifth Street between Orange
Avenue and Olive Avenue for public use, to wit , for the construction
of parking facilities; and
WHEREAS, Government Code Sections 37350 .5 and 38010
authorize the City to acquire by eminent domain any property
necessary to carry out any of its powers or functions;
NOW, THEREFORE, the City of Huntington Beach finds ,
determines and resolves as follows:
1 . That the real property or interest in real property,
described herein and graphically depicted in Exhibit "A" , is
necessary for said proposed public purposes . The specific
description of the property is set forth on Exhibit "A" , attached
hereto and incorporated by reference herein .
(a ) The public interest and necessity require the
proposed project;
(b) The proposed project is planned and located in a
manner that will be most compatible with the greatest public good
and the least private injury, and
(c ) The property described herinabove in this
resolution is necessary for the proposed project .
(d ) Pursuant to Section 7267 .2 of the California
Government Code, an offer has been made to the owner or owners of
record .
2 . It is necessary that the taking of said property or
interest in said real. property be in fee simple, and acquisition of
the property in fee ownership is in the manner which will be most
compatible with the greatest public good and the least private
injury .
-1- 5860
3 . The City Attorney for the City of Huntington Beach is
hereby authorized, directed and empowered to acquire in the name of
the City of Huntington Beach, a. public body, a fee simple estate in
and to the above described real property by condemnation under the
laws. of the State of California relating to eminent domain and such
other proceedings as are necessary for the acquisition of said
property .
4 . The real property or interest in real property which is
authorized for condemnation by this resolution is situated in the
City of Huntington Beach, County of Orange, State of California and
within the Main-pier Redevelopment Project Area .
PASSED AND ADOPTED by the City of Huntington Beach at an
adjourned regular meeting thereof held on the 28th day
of March , 1988
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City A tonne f,
REVIEWED AND APPROVED INI IATED AND APPROVED:
City Administrator JDYputy City Administrator
Dire or , Community Development
-2- 5860
t
• Res, No. 5860
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) so:
CITY OF HUNTINGTON BEACH )
I, ALICIA M—WENTWORTH, 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 more than a majority of all the members of said City Council
at a regular adjourned meeting thereof held on the ?Rth day
of March 19 88 by the following vote:
AYES: Councilmen:
Kelly, Green, Finley, Erskine, Mays, Winchell , Bannister
NOES: Councilmen:
None
ABSENT: Councilmen:
None
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
5860
RESOLUTION NO. 5861
A RESOLUTION OF THE CITY OF HUNTINGTON BEACH
DECLARING THAT THE PUBLIC INTEREST AND NECESSITY
REQUIRE ACQUISITION OF CERTAIN REAL PROPERTY IN THE
CITY OF HUNTINGTON BEACH FOR PUBLIC PURPOSES, AND
AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY
EMINENT DOMAIN
WHEREAS, the City of Huntington Beach is proposing to take
the real property generally located at 223 Third Street for public
use, to wit, for the construction of parking facilities; and
WHEREAS, Government Code Sections 37350 . 5 and 38010
authorize the City to acquire by eminent domain any property
necessary to carry out any of its powers or functions;
NOW, THEREFORE, the City of Huntington Beach finds,
determines and resolves as follows :
1 . That the real property or interest in real property,
described herein and graphically depicted in Exhibit "A" , is
necessary for said proposed public purposes . The specific
description of the property is set forth on Exhibit "A" , attached
hereto and incorporated by reference herein.
(a ) The public interest and necessity require the
proposed project;
(b) The proposed project .is planned and located in a
manner that will be most compatible with *the greatest public good
and the least private injury, and
(c ) The property described herinabove in this
resolution is necessary for the proposed project .
(d ) Pursuant to Section 7267 .2 of the California
Government Code, an offer has been made to the owner or owners of
record.
2 . It is necessary that the taking of said property or
interest in said real property be in fee simple , and acquisition of
the property in fee ownership is in the manner which will be most
compatible with the greatest public good and the least private
injury.
_.l_ 5861
3 . The City Attorney for the City of Huntington Beach is
hereby authorized, directed and empowered to acquire in the name of
the City of Huntington Beach, a public body, a fee simple estate in
and to the above described real property by condemnation under the
laws of the State of California relating to eminent domain and such
other proceedings as are necessary for the acquisition of said
property.
4 . The real property or interest in real property which is
authorized for condemnation by this resolution is situated in the
City of Huntington Beach, County of Orange, State of California and
within the Main-pier Redevelopment Project Area .
PASSED AND ADOPTED by the City of Huntington Beach at an
adjourned regular meeting thereof held on the 28th day
of March , 1988
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorne
i
REVIEWED AND APPROVED INI ATED AND APPROVED:
City Administrator uty City Administrator
Direc r , Community Development
-2- 5861
Res. No. 5861
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, 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 more than a majority of all the members of said City Council
at a regular adjourned meeting thereof held on the 28th day
of March , 19_88 by the following vote:
AYES: Councilmen:
Kelly, Green, Finley, Erskine. Mays, WinrhP11 , Rannictpr
NOES: Councilmen:
None
ABSENT: Councilmen:
None
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
5861
RESOLUTION NO. 5862
A RESOLUTION OF THE CITY OF HUNTINGTON BEACH
DECLARING THAT THE PUBLIC INTEREST AND NECESSITY
REQUIRE ACQUISITION OF CERTAIN REAL PROPERTY IN THE
CITY OF HUNTINGTON BEACH FOR PUBLIC PURPOSES, AND
AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY
EMINENT DOMAIN
WHEREAS, the City of Huntington Beach is proposing to take
the real property generally located at Fifth Street between Orange
Avenue and Olive Avenue for public use, to wit , for the construction
of parking facilities; and
WHEREAS, Government Code Sections 37350 .5 and 38010
authorize the City to acquire by eminent domain any property
necessary to carry out any of its powers or functions;
NOW, THEREFORE, the City of Huntington Beach finds ,
determines and resolves as follows :
1 . That the real property or interest in real property,
described herein and graphically depicted in Exhibit "A" , is
necessary for said proposed public purposes . The specific
g description of the property is set forth on Exhibit "A" , attached
hereto and incorporated by reference herein.
(a) The public interest and necessity require the
proposed project;
(b) The proposed project is planned and located in a
manner that will be most compatible with the greatest public good
and the least private injury, and
(c ) The property described herinabove in this
resolution is necessary for the proposed project .
(d ) Pursuant to Section 7267 .2 of the California
Government Code, an offer has been made to the owner or owners of
record .
2 . It is necessary that the taking of said property or
interest in said real, property be in fee simple, and acquisition of
the property in fee ownership is in the manner which will be most
compatible with the greatest public good and the least private
injury.
-1- 5862
Y
3 . The City Attorney for the City of Huntington Beach is
hereby authorized, directed and empowered to acquire in the name of
the City of Huntington Beach, a public body, a fee simple estate in
and to the above described real property by condemnation under the
laws of the State of California relating to eminent domain and such
other proceedings as are necessary for the acquisition of said
property.
4 . The real property or interest in real property which is
authorized for condemnation by this resolution is situated in the
City of Huntington Beach, County of Orange, State of California and
within the Main-pier Redevelopment Project Area .
PASSED AND ADOPTED by the City of Huntington Beach at an
adjourned regular meeting thereof held on the 28th day
of March , 1988
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Kttorne
REVVII`EWED AND APPROVED I TIATED AND APPROVED:
City Administrator eputy City Administrator
Dir ,or , Community Development
-2- 5862
1
Res. No. 5862
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) s s:
CITY OF HIWINGTON BEACH )
I, ALICIA M. WENTWORTH, 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 more than a majority of all the members of said City Council
at a regular adjourned meeting thereof held on the 28th day
of March 19 Rp by the following vote:
AYES: Councilmen:
Kelly, Green, Finley, Erskine, Mays, Winchell , Bannister
NOES: Councilmen:
None
ABSENT: Councilmen:
None
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
5862
�4
RESOLUTION NO. 5863
A RESOLUTION OF THE CITY OF HUNTINGTON BEACH
DECLARING THAT THE PUBLIC INTEREST AND NECESSITY
REQUIRE ACQUISITION OF CERTAIN REAL PROPERTY IN THE
CITY OF HUNTINGTON BEACH FOR PUBLIC PURPOSES, AND
AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY
EMINENT DOMAIN
WHEREAS, the City of Huntington Beach is proposing to take
the real property generally located at Olive Avenue and Third Street
for public use, to wit , for the construction of parking facilities;
and
WHEREAS, Government Code Sections 37350 . 5 and 38010
authorize the City to acquire by eminent domain any property
necessary to carry out any of its powers or functions;
NOW, THEREFORE, the City of Huntington Beach finds,
determines and resolves as follows :
1 . That the real property or interest in real property,
described herein and graphically depicted in Exhibit "A" , is
necessary for said proposed public purposes . The specific
description of the property is set forth on Exhibit "A" , attached
hereto and incorporated by reference herein.
(a) The public interest and necessity require the
proposed project;
(b) The proposed project is planned and located in a
manner that will be most compatible with the greatest public good
and the least private injury, and
(c ) The property described herinabove in this
resolution is necessary for the proposed project .
(d ) Pursuant to Section 7267 .2 of the California
Government Code, an offer has been made to the owner or owners of
record.
2 . It is necessary that the taking of said property or
interest in said real property be in fee simple, and acquisition of
the property in fee ownership is in the manner which will be most
compatible with the greatest public good and the least private
injury.
-1- 5863
rJ
3 . The City Attorney for the City of Huntington Beach is
hereby authorized, directed and empowered to acquire in the name of
the City of Huntington Beach, a public body, a fee simple estate in
and to the above described real property by condemnation under the
laws of the State of California relating to eminent domain and such
other proceedings as are necessary for the acquisition of said
property .
4 . The real property or interest in real property which is
authorized for condemnation by this resolution is situated in the
City of Huntington Beach, County of Orange , State of California and
within the Main-pier Redevelopment Project Area .
PASSED AND ADOPTED by the City of Huntington Beach at an
adjourned regular meeting thereof held on the 28th day
of March , 1988
Mayor
ATTEST: APPROVED AS TO FORM:
Tom\ --
r.
City Clerk City Attu ney
REVIEWED AND APPROVED W TIATED AND APPROVED:
City Administrator D puty City Administrator
Dire t r , Community Development
-2- 5863
• Res. No. 5863
- -a
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, 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 more than a majority of all the members of said City Council
at a regular adjourned meeting thereof held on the 28th day
of March 19 88 by the following vote:
AYES: Councilmen:
Kelly, Green, Finley, Erskine, Mays, Winchell , Bannister
NOES: Councilmen:
None
ABSENT: Councilmen:
None
100
6z�� �'
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
5863
r'
RESOLUTION NO. 5864
A RESOLUTION OF THE CITY OF HUNTINGTON BEACH
DECLARING THAT THE PUBLIC INTEREST AND NECESSITY
REQUIRE ACQUISITION OF CERTAIN REAL PROPERTY IN THE
CITY OF HUNTINGTON BEACH FOR PUBLIC PURPOSES, AND
AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY
EMINENT DOMAIN
WHEREAS, the City of Huntington Beach is proposing to take
the real property generally located at 328 Fifth Street at Orange
Avenue for public use, to wit , for the construction of parking
facilities; and
WHEREAS, Government Code Sections 37350 . 5 and 38010
authorize the City to acquire by eminent domain any property
necessary to carry out any of its powers or functions;
NOW, THEREFORE, the City of Huntington Beach finds,
determines and resolves as follows:
1 . That the real property or interest in real property,
described herein and graphically depicted in Exhibit "A" , is
necessary for said proposed public purposes. The specific
description of the property is set forth on Exhibit "A" , attached
hereto and incorporated by reference herein .
( a ) The public interest and necessity require the
proposed project;
(b) The proposed project is planned and located in a
manner that will be most compatible with the greatest public good
and the least private injury, and
(c ) The property described herinabove in this
resolution is necessary for the proposed project .
(d ) Pursuant to Section 7267 .2 of the California
Government Code, an offer has been made to the owner or owners of
record.
2 . It is necessary that the taking of said property or
interest in said real. property be in fee simple, and acquisition of
the property in fee ownership is in the manner which will be most
compatible with the greatest public good and the least private
injury ,
-1- 5864
i
3 . The City Attorney for the City of Huntington Beach is
hereby authorized, directed and empowered to acquire in the name of
the City of Huntington Beach, a public body, a fee simple estate in
and to the above described real property by condemnation under the
laws of the State of California relating to eminent domain and such
other proceedings as are necessary for the acquisition of said
property .
4 . The real property or interest in real property which is
authorized for condemnation by this resolution is situated in the
City of Huntington Beach, County of Orange, State of California and
within the Main-pier Redevelopment Project Area .
PASSED AND ADOPTED by the City of Huntington Beach at an
adjourned regular meeting thereof held on the 28th day
of March , 1988
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorne
REVIEWED AND APPROVED INI IATED AND APPROVED:
City Administrator uty City Administrator
Direc or, Community Development
'2- 5864
z -
Res. No. 5864
STATE OF CALIFORNIA )
' COUNTY OF ORANGE ) ss:
CITY OF Ht1NTINGTON BEACH )
I, ALICIA M. WENTWORTH, 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 more than a majority of all the members of said City Council
at a regular adjourned meeting thereof held on the 28th day
of March , 19 pp by the following vote:
AYES: Councilmen:
Kelly, Green, Finley, Erskine, Mays, Winchell . Bannister
NOES: Councilmen:
None
ABSENT: Councilmen:
None
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
5864
. REQUES f FOR CITY COUNCi"- ACTION 0,%,
March / 8, 1988
Date -- - -
Submitted to: Chairman and Members of .the City Co ncil 3— �19
Submitted by: Paul Cook, City Administrator
- - c-LTY CL
Prepared by: Douglas La Belle, Deputy City Admin. ,
Subject: RESOLUTION OF NECESSITY FOR PROPERTY TO BE ACQUIRED FOR
PARKING FACILITIES — MAIN—PIER PROJECT AREA APN 024-143-12
& 17
Consistent with Council Policy? bQ Yes [ ] New Policy or ExceptionSQIs�V
�)eS
Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions,Attachments:
STATEMENT OF ISSUE:
The City is purchasing property in the Fifth Street, Orange and
Olive Avenues Area to expedite the implementation of parking planned
for the area . Two parcels are critical to the project and require
public acquisition because parking facilities in this location will
meet a need within the Downtown Area . These parcels will also
result in the least private injury for the reasons to be articulated
at the hearing .
RECOMMENDATION:
Conduct and conclude the noticed hearing and adopt the attached
Resolution of Necessity (Resolution No . 55?60) . Lots 1, 2, 3, 4 , 6
and 8, Block 304 of the Huntington Beach Tract, Assessor Parcel No.
024-143-12 & 17 .
ANALYSIS:
The City has been attempting to purchase and consolidate parcels in
this location to accommodate parking facilities . After many months
of acquisition efforts, these key parcels require condemnation. The
adoption of the Resolution of Necessity will authorize the
acquisition of these key parcels by eminent domain which will allow
the construction of parking facilities to proceed as proposed.
FUNDING SOURCE:
Civic Improvement Corporation Certificates of Participation Issue
and Assessment District Bonds - Account 710-701
P10 5185
ALTERNATIVE ACTION:
Not adopt the Resolution of Necessity and continue negotiations with
the property owner .
ATTACHMENTS:
1. Resolution with
a. Map
b. Legal Description
2 . Letter of Notice
PEC:DLB:GKG:jr
(9825d)
PARCEL NO: 024-143-12, 17
LEGAL DESCRIPTION
PARCEL 1 :
LOTS 1 AND 3 IN BLOCK 304, AS SHOWN ON A MAP RECORDED IN BOOK 3 PAGES 36,
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 2:
LOT 2, 4, 6 AND 8 IN BLOCK 304, AS SHOWN ON A MAP RECORDED IN BOOK 3 PAGES 36,
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THE INTEREST IN THE NORTHWESTERLY 10 FEET OF SAID LOTS AS CONDEMNED BY
THE CITY OF HUNTINGTON BEACH BY FINAL DECREE RECORDED DECEMBER 3, 1923 IN BOOK
500 PAGE 278 OF DEEDS, RECORDS OF ORANGE COUNTY.
EXHIBIT "A"
. fr.
EXHIBIT A
The real property proposed to be acquired by the City of Huntington
Beach, County of Orange, State of California, generally located on
Fifth Street between Orange Avenue and Olive Avenue, Assessor ' s
parcel numbers 024-143-12 & 17, and more particularly described as
Lots 1, 2, 3 , 4 , 6 and 8 of Block 304 of the Huntington Beach Tract
recorded in Book 3 , Page 36 of Miscellaneous Maps .
ORANGE AWNUE
27
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f
t
h 22 2/ 23 H
2
�- /B /7 24
19 99
i 0
17 I l
h
.ry n
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OLIVE AVENUE
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20'
" 10141 26 25
35 !
QFFICE OF
CITY ATTORNEY
'+ _ ++ P.O.BOX 2740
2000 MAIN STREET
HUNTINGTON BEACH
CALIFORNIA 92647
GAIL HUTTON
TELEPHONE
City Attorney
(714) 5363555
March 7 , 1968 CERTIFIED MAIL RETURN RE EIc-
REQUESTED
Mr . James Koller
Mrs . Joan Koller
Mr . Lauro M . Guarano
314 Fifth Street
Huntington Beach , CA 92648
RE : Main-Fier Redevelopment Project Area
Parcel Number : 24-143-12 & 17
Dear Property Owner :
By letter dated May 12 , 1987 , the City of Huntington Beach offered
to purchase your property referenced above . Copy of the original
offer letter to you is enclosed . Our offer was rejected and our
discussions and negotiations to Aate have not been successEui .
Therefore you are hereby notified that the City of Huntington
Beach City Council will consider adoption of a resolution of
necessity to acquire your property by condemnation at a hearing to
be held on March 28, 1988 at 7 : 00 p . m . in the Council Chambers ,
City Hall , 2000 Main Street , Huntington Beach , California .
This hearing will NOT concern the price to be paid for the
property . -Issues appropriate for discussion are those dealing:,
with public interest and necessity for your property , and the
Agency ' s right to acquire your property by condemnation pursuant_
to . Section 1240 . 030 of the California Code of Civil Procedure a
copy of which is attached hereto for your convenience .
Notice: You have a right to appear and be heard on the matters
referred to in such 'C .C . P . Section 1240 . 030 . If you
wish to appear at the hearing and be heard , you
should file a written request within 15 days of the
date of this letter . Your failure to file a written
request to appear and be heard within 15 days after the
date of this—,4tice will result in waiver of the right
to appear and be heard . ��
Mr . James Koller
March 7, 1988
Page Two
Additionally , you should be advised that we remain ready at any
time to negotiate a settlement to this matter .
Vr_•rl/t:.ruiy yours ,
V�
_GA T_i, tIOTTON
City Attorney
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1 PROOF OF SERVICE BY MAIL
2 STATE OF CALIFORNIA )
3 ) ss .
COUNTY OF ORANGE ) i
4 l! I am employed in the County of Orange, State of California.
I
5 +j I am over the age of 18 and not a party to the within action; my
�i
6 business address is Post Office Box 2740 , Huntington Beach,
7 California 92647 .
8 i March 8 1988
! On � , I served the foregoing
g �
�j documents described as : i
10 !
11 jI Notice of Hearing regarding Resolution of Necessity
12 I;J
13 I� on the interested parties in this action by placing a true copy
14 I
thereof in a sealed envelope with postage thereon fully prepaid
15
j� in the United States mail at Huntington Beach , California,
16 addressed as follows :
17
!
Mr. James Koller Mr. James Koller !
1 !1 Mrs. Joan Koller 6001 Ballentine Lane
19 Mr. Lauro M. Guarano Huntington Beach, CA 926TP i
� 314 Fifth Street
+ Huntington Beach, CA 92648
20 i
21 :I
i!
!
22
23
24 I declare under penalty of perjury of the laws of the State
25 of California that the foregoing is true and correct .
26 Executed on March 8 , 1988
27
28
Coleen Byrne `
34721
JOHN CUTLER & ASSOCIATES
Real Estate Consultants
May 12, 1987
Mr. James Koller
16001 Ballantine Lane
Huntington Beach, CA 92647
Regarding: Main Pier Redevelopment
Former Crocker Bank Building
Dear Mr. Koller,
As a follow-up to our telephone conversation this morning, wherein you
expressed a desire not to meet with us regarding the offer, but rather to
discuss it by phone, I am forwarding the offer to you for your records.
As you will note, additionally enclosed is a photo copy of the offer, which
when signed, serves only as a "receipt" of the offer. We request that you
acknowledge receipt and return the signed copy to me.
Thank you for your cooperation.
Sincerely,
JOHN CUTLER & ASSOCIATES
dames M. Shinn
JMS/mr
enclosures
n��� r .,..,. o .....c. o,...r,,.,,.,i e..:•„ �n�a ,.,,,. 13,mn^h PA OAQ117_1115 9i't-Q77-9333
�. CITY OF HUNTII`IGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF REDEVELOPMENT
April 22, 1987
Michael H. Newton and James Koller
16001 Ballantine Lane
Huntington Beach, CA 92647
Regarding: Main-Pier Redevelopment Area
Parcel No. 024-143-012,017
Dear Property Owner(s)
As you may know, the property which you own and which is referenced above, is
located within a redevelopment project area. The Agency is seeking to acquire
your property and other adjoining properties for a proposed redevelopment
project.
Therefore, the Huntington Beach Redevelopment Agency hereby makes an offer to
acquire your property located at 303 Main Street and 302 Fifth Street,
Huntington Beach, California, for the sum of $748,200.00, which is segregated
as follows:
$748,200.00 Land and Improvements
$ -0- Improvements Pertaining to the Realty
(Fixtures and Equipment)
$748,200.00 Total
The Agency's offer is the full amount determined to be just compensation for
the property. The basis for that determination is explained in the attached
Appraisal Summary Statement. It is the Agency's hope that this price is
agreeable to you and that the acquisition can begin immediately.
A representative of John Cutler & Associates, -the Agency's Acquisition Agent,
will work with you in the acquisition of your property and answer any questions
you have regarding this letter and Appraisal Summary Statement. The
Acquisition Agent can be contacted at (213) 427-2333 (collect).
It is requested that you acknowledge receipt of- the Agency's offer by signing a
copy of this letter and returning same to this office. Your signature on the
copy does not signify acceptance of the offer to settle the acquisition by the
Agency, it only acknowledges receipt of the Agency's offer.
Your cooperation in this matter will be greatly appreciated.
OFFER RECEIVED r
ADot
re y,` BY: �a tc-as N. LaBelle DATE: //a�'y City Administrator/Redevelopment Receipt of Offer Does Not
Constitute Acceptance
Telephone (714) 636-5582
SUMMARY STATEMENT
PROJECT: MAIN PIER REDEVELOPMENT AREA
PARCEL REFERENCE: . 024-143-012, 017 DATE: April 22, 1987
OWNER(S): MICHAEL H. NEWTON AND JAMES KOLLER
PROPERTY ADDRESS: 303 MAIN STREET, 302 FIFTH STREET, HUNTINGTON BEACH _
LEGAL DESCRIPTION: SEE EXHIBIT "A" ATTACHED
SPECIFIC
ZONING: PLAN 5 TOTAL AREA: 16,625 SQ. FT. TOTAL TAKE: 16.625 SQ. FT.
PRESENT USE: FORMER CROCKER BANK PARKING LOT, AND OFFICE.
IMPROVEMENTS: TWO STORY COMMERICIAL OFFICE AND PAVING
This approved offer is presented in settlement of the acquisition of your real
property (including improvements) as follows:
SEVEN HUNDRED FORTY-EIGHT THOUSAND TWO HUNDRED AND NO/100.. ....($748,200.00)
The valuation of your property is based upon an analysis of recent sales of
comparable sites and similar properties in this locality with consideration to its
highest and best use. Where applicable, the potential fair rental for your
property has been considered in the analysis. Current construction costs have been
considered in estimating the depreciated present value for any improvements on the
property.
The offer is the full amount believed by the Redevelopment Agency of the City of
Huntington Beach to be just compensation for your property interest. Any decrease
or increase in the Fair Market Value of the real property to be acquired prior to
the date of valuation caused by the public improvement or project for which the
property is to be acquired, or by the likelihood that the property would be
acquired for such improvement or project, other than that due to physical
deterioration within reasonable control of the owner, has been disregarded by the
Redevelopment Agency in making their determination of the fair market value of such
property.
FAIR MARKET VALUE, as used in the valuation is ". . . . .the highest price on the date
of valuation that would be agreed by a seller, being willing to sell but under no
particular or urgent necessity for so doing, or obligated to sell, and a buyer,
being ready, willing and able . to buy but under no particular necessity for so
doing, each dealing with the other with full knowledge of all the uses and purposes
for which the property is reasonably adaptable and available."
(Section 1263.320 Code of Civil Procedure).
Determination of just compensation does not reflect any consideration of or
allowance for any relocation assistance and payments to which the owner or tenant
is entitled to receive under Title II of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 or the Redevelopment Agency's agreement
to pay certain settlement costs.
7- CUJ.ucr( J�aGjE�J
77fi:- 7'49-,C,-1rG o f /"y
i
t
rc rF:O IT Rativ COUNCIL ACTION lo_
DateL Ntar c h �8r1„Q R R
CIT
Submitted to: Ho unci 1 Submitted by: Paul E. Cook, City Administrator c '
Prepared by: Douglas N. La Belle, Deputy City Admin./Dir. , Comm. Devel
Subject: RESOLUTION OF NECESSITY FOR PROPERTY TO BE ACQUIRED FOR A
PARKING FACILITIES - MAIN-PIER PROJECT AREA APN 024-148-19
0-
Consistent with Council Policy? Yes [ ] New Policy or Exception ge S
5
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments:
STATEMENT OF ISSUE•
The City is purchasing property in the 3rd Street, Olive Avenue and
Walnut Avenue area to expedite the implementation of parking planned
planned for the area. This parcel is critical to the project and
requires public acquisition because parking facilities in this
location will meet a need within the Downtown Area. This parcel
will also result in the least private injury for the reasons to be
articulated at the hearing.
RECOMMENDATION•
Conduct and conclude the noticed hearing and adopt the attached
Resolution of Necessity (Resolution No. _'�OLVP/ ) : Lot 23, Block 203 of
the Huntington Beach Tract, Assessor Parcel No. 024-148-19 .
ANALYSIS•
The City has been attempting to purchase and consolidate parcels in
this location to accommodate parking facilities . After many months
of acquisition efforts, this key parcel requires condemnation. The
adoption of the Resolution of Necessity will authorize the
acquisition of this parcel by eminent domain which will allow the
construction of parking facilities to proceed as proposed.
FUNDING SOURCE:
Civic Improvement Corporation Certificates of Participation and
Assessment District Bonds - Account No. 710-701.
` PIO 5/85
ALTERNATIVE ACTION:
Do not adopt the Resolution of Necessity and continue negotiations
with the property owner.
ATTACHMENTS:
1. Resolution with
a'. Map
b. Legal Description
2. Letter of Notice
DLB:GG: jr
(0214d)
I
PARCEL NO. 24-148-14
LEGAL DESCRIPTION
LOT 23 IN BLOCK 203 OF HUNTINGTON BEACH MAIN STREET SECTION IN
THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 3 PAGE 36 OF MISCELLANEOUS
MAPS, RECORDS OF SAID ORANGE COUNTY.
EXCEPT ALL CRUDE OIL, PETROLEUM, GAS, BREA, ASPHALTUM AND ALL
KINDERED SUBSTANCES AND OTHER MINERALS UNDER AND IN SAID LAND.
EXHIBIT "A"
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` !N HUNT/N TON BE H MM.3-3 F - �� I 1 NOTE- ASSESSOR'S BLOCK B ASSESSOR'S MAP
PARCEL NUMBERS BOOK 24 PAGE /4 CD 15 SHOWN IN C/RC:LES COUNTY OF ORANGE
• PN 24-
• S+-IAN-DRICK
OFFICE OF
CITY ATTORNEY
� - f
P.0.BOX 2740
�f�0yotl 2000 MAIN STREET
HUNTINGTON BEACH
CALIFORNIA 92647
GAIL HUTTON TELEPHONE
City Attorney
(714)536-6655
March 8 , 1988 CERTIFIED MAIL RETURN RECEIPT
REQUESTED
Sylvia Shandrick
6021 Doyle Drive
Huntington Beach, CA 92647
RE : Main-Pier Redevelopment Project Area
Parcel Number : 24-143-19
Dear Property Owner :
By letter dated September 1 , 1987 , the City of Huntington Beach
offered to purchase your property referenced above . A copy of the
original offer letter to you is enclosed . Our offer was rejected
and our discussions and negotiations to date have not been
successful .
Therefore you are hereby notified that the, City of Huntington
Beach City Council will consider adoption of a resolution of
necessity to acquire your property by condemnation at a hearing to
be held on March 28 , 1988 at 7 : 00 p.m. in the Council Chambers ,
City Hall , 2000 Main Street, Huntington Beach, California .
This hearing will NOT concern the price to be paid for the
property . Issues appropriate for discussion are those dealing
with public interest and necessity for your property, and the
Agency ' s right -to acquire your property by condemnation pursuant
to Section 1240 . 030 of the California Code of Civil Procedure a
copy of which is attached hereto for your convenience .
Notice : You have a right to appear and be heard on the matters
referred to in such C .C .P . Section 1240 . 030 . If you
wish to appear at the hearing and be heard, you
should file a written request within 15 days of the
date of this letter . Your failure to file a written
request to appear and be heard within 15 days after the
date of this notice will result in. waiver of the right
to appear and be heard .
Sylvia Shandrick
Mbrch 8 , 1988
Page Two
Additionally, you should be advised that we remain ready at any
time to negotiate a settlement to this matter .
'der truly tours ,
GAIL HUTTON
City Attorney
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PS Form 3800, Feb. 1982 U.S.G.P.O.1983-403.617
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I PROOF OF SERVICE BY MAIL
2 li STATE OF CALIFORNIA )
SS .
3 �� COUNTY OF ORANGE )
4 !� I am employed in the County of Orange, State of California .
5 '! I am over the age of 18 and not a party to the within action; my
i
i
6 i
business address is Post Office Box 2740 , Huntington Beach
California 92647 .
i
3 On March 8 , 1988 I served the foregoing
` I
documents described as : I
10
11 :Notice of Hearing regarding Resolution of Necessity
!
12 I
I
13 the interested parties in this action b�.: p y piaci.ng a true cosy
14 t;:ereof in a sealed envelope with postage thereon fully prepaid
15
in the United States mail at Huntington Beach , California ,
1.,F
aCdfessed as follows :
,
Ms . Sylvia Shandrick
i8 6021 Doyle Drive
Huntington Beach, CA 92647
19
I�
20
I.
21 I
�i
22 ! +
�! I
23 N
24 I
I declare under penalty of perjury of the laws of the State
25 �' of California that the foregoing is true and correct .
26 Executed on March 8 , 1988
27
28
A i Coleen Byrne "./
CITY OF HUNTINGTON BEACH
U,OWT
s'a 2000 MAIN STREET CALIFORNIA 92648
September 1 , 1987
OFFICE OF REDEVELOPMENT
Ms. Sylvia S. Shandrick
c/o Mr . Richard Condin
Great Western Real Estate
1901 E. 4th Street
Santa Ana, CA 92705
Regarding: Main-Pier Redevelopment Area
Parcel No: 24-148-19; 223 Third Street
Dear Ms. Shandrick:
In a letter dated January 8, 1987, the Huntington Beach Redevelopment Agency
made an offer to you to purchase your property referenced above. Since that
time, the Agency has negotiated with you through your agent, Mr. Richard
Condin, in an effort to reach an equitable settlement. Both the data submitted
by you and the data gathered by the Agency have been reviewed and are the basis
for a revised offer as set out below.
Therefore, and pursuant to our recent negotiations, the Huntington Beach
Redevelopment Agency makes an offer to purchase your property located at 223
Third Street, Huntington Beach, California, for the sum of $135,000.00, which
is segregated as follows:
$135,000.00 Land and Improvements
$ -0- Improvements Pertaining to the Realty
(Fixtures and Equipment)
$135,000.00 Total
The Agency's offer is the full amount determined to be just compensation for
the property and is the highest and best offer the Agency can make at this
time. The basis for that determination is explained in the attached Summary
Statement.
It is the Agency's hope the price, payable in cash, is agreeable to you and an
agreement can be entered into immediately.
The Agency's Acquisition Agent, John Cutler & Associates, will continue to wort;
with you in the purchase of your property and answer any questions you have
regarding this offer and the attached Summary.
Your cooperation in this matter is greatly appreciated.
Sincerely, OFFER RECEIVED
f°� BY
o gl Labe e
Deput City Administrator/Redevelopment DATE:
Receipt of Offer Does Not
Constitute Acceptance
®SENDER:Complete Items 1 and 2 when additional services are desired,and complete items 3 and
SENDER:Complete Items 1 and 2 whet, tional services are desired,and complete items 3 and 4
Put your address in the"RETURN TO"space on the reverse side.Failure to do this will prevent this
• Bard from being returned to ypu.The return re ce t fee will rovide you the name of the erson
delivered to and the date of deliver .For addition 1 fees the following services are avai able.Consult
postmaster or fees and c ack ox(x(es)for additional service(s)requested.
1. ❑ Show to whom delivered,date,and addressee's address. 2. ❑ Restricted Delivery.
3.Article Addressed to: 4.Article Number
Ms. Sylvia Shandrick P 471 622 789
c/o Mr. Jim Shandricky Type11 .1 ce:
6021 Doyle Drive - ❑ Registered e Insured
Certified Coo
Huntington Beach, CA 92647 Express Mail
Always obtain signature of addressee rr
agent and DATE DELIVERED.
5.Signature—Addressee 8.Addressee's Address(O;VLY if
x requested and fee paid)
8 �Ignapr —Agent/� � •"
7,Date df Delivery
PS Form 3811,Feb. 1986 DOMESTIC RETURN RECEIF
• • �, XG+.A/w '
REQ � R Y COUNCIL ACT! N la
Co rJ1VC1r I
a019.kk ate Marc 28, 1988
Submitted to: Chairma bei s' c Ci y Council
Submitted by: Paul Cook, City Administrator
Prepared by: Douglas La Belle, Deputy City Admin. , Dir. Comm. DevJ.k
Subject: RESOLUTION OF NECESSITY FOR PROPERTY TO BE ACQUIRED FOR
PARKING FACILITIES - MAIN-PIER PROJECT AREA, APN 024-143-20
Consistent with Council Policy? b4 Yes [ ] New Policy or Exception /Fes
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments:
STATEMENT OF ISSUE:
The City is purchasing property in the Fifth Street, Orange and
Olive Avenues Area to expedite the implementation of parking planned
for the area . This parcel is critical to the project and requires
public acquisition because parking facilities in this location will
meet a need within the Downtown Area . This parcel will also result
in the least private injury for the reasons to be articulated at the
hearing .
RECOMMENDATION:
Conduct and conclude the noticed hearing and adopt the attached
Resolution of Necessity (Resolution No. ,S2&2 ) . Lots 12, and 14
Block 304 of the Huntington Beach Tract, Assessor Parcel No .
024-143-20 .
ANALYSIS:
The City has been attempting to purchase and consolidate parcels in
this location to accommodate parking facilities . After many months
of acquisition efforts, this key parcel requires condemnation. The
adoption of the Resolution of Necessity will authorize the
acquisition of this parcel by eminent domain which will allow the
construction of parking facilities to proceed as proposed.
FUNDING SOURCE:
Civic Improvement Corporation Certificates of Participation Issue
and Assessment District Bonds - Account No . 710-701.
PI D 5185
ALTERNATIVE ACTION:
Do not adopt the Resolution of Necessity and continue negotiations
with the property owner.
ATTACHMENTS.
1. Resolution with
a . Map
b. Legal Description
2 . Letter of Notice
DLB:GG: jr
(0213d)
EXHIBIT A
The real property proposed to be acquired by the City of Huntington
Beach is located in the City of Huntington Beach, County of Orange,
State of California, generally located. on Fifth Street between
Orange Avenue and Olive Avenue, Assessor ' s parcel number 024-143-20,
and more particularly described as Lots 12 and 14 of Block 304 of
the Huntington Beach Tract recorded in Book 3, Page 36 of
Miscellaneous Maps .
A NO
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EXHIBIT A
The real property proposed to be acquired by the City of Huntington
Beach is located in the City of Huntington Beach, County of Orange,
State of California, generally located on Fifth Street between
Orange Avenue and Olive Avenue, Assessor ' s parcel number 024-143-20,
and more particularly described as Lots 12 and 14 of Block 304 of
the Huntington Beach Tract recorded in Book 3, Page 36 of
Miscellaneous Maps .
� '�• as i•.:
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OFFICE OF
ill`' CITY ATTORNEY
P.0.BOX 2740
2000 MAIN STREET
DUMtt
HUNTINGTON BEACH
CALIFORNIA 92647
GAIL HUTTON TELEPHONE
City Attorney (714)536-5555
March 7 , 1988 CERTIFIED MAIL RETURN RECEIPT
REQUESTED
Mr . James Koller
314 Fifth Street
Huntington Beach, CA 92648
RE : Main-Pier Redevelopment Project Area
Parcel Number : 24-143-20
Dear Property Owner :
By letter dated March 31 , 1987, the City of Huntington Beach
offered to purchase your property referenced above . A copy of the
original offer letter to you is enclosed . Our offer was rejected
and our discussions and negotiations to date have not been
successful .
Therefore you are hereby notified that the City of Huntington
Beach City Council will consider adoption of a resolution of
necessity to acquire your property by condemnation at a hearing to
be held on March 28, 1988 at 7 :00 p .m. in the Council Chambers.,
City Hall , 2000 Main Street , Huntington Beach, California .
This hearing will NOT concern the price to be paid for the
property . Issues appropriate for discussion are those dealing
with public interest and necessity for your property, and the
Agency ' s right to acquire your property by condemnation pursuant
to Section 1240 . 030 of the California Code of Civil Procedure a
copy of which is attached hereto for your convenience .
Notice : You have a right to appear and be heard on the matters
referred to in such C .C . P . Section 1240 . 030 . If you
wish to appear at the hearing and be heard, you
should file a written request within 15 days of the
date of tffi;letter . Your failure to file a" written
request to appear and be heard within 15 days after the
date of this notice will result in waiver of the right
to appear and be heard .
s
Mr . James Koller
March 7 , 1988
Page Two
Additionally, you should be advised that we remain ready at any
time to negotiate a settlement to this matter .
Ve y truly yours ,
GAIT, HUTTON
City Attorney
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�' r , DOMESTIC RETURN IiECEIi!'1r
PS Form 3800, Feb. 1982 a U.S.G.P.O.1983.403.517
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1 PROOF OF SERVICE BY MAIL
2 STATE OF CALIFORNIA )
) ss.
3
COUNTY OF ORANGE )
4 I am employed in the County of Orange, State of California .
5 I am over the age , of 18 and not a party to the within action; my
6 business address is Post Office Box 2740, Huntington Beach,
7 California 92647 .
8 On March 8, 1988 , I served the foregoing
9 documents described as :
10
11 Notice of Hearing regarding Resolution of Necessity
12
13 on the interested parties in this action by placing a true copy
14 thereof in a sealed envelope with postage thereon fully prepaid
15 in the United States mail at Huntington Beach, California,
16 addressed as follows:
17
Mr. James Koller Mr. James Koller
18 314 Fifth Street 6001 Ballentine Lane
Huntington Beach, CA 92648 Huntington Beach, CA 92647
19
20
21
22
23
24 I declare under penalty of perjury of the laws of the State
25 of California that the foregoing is true and correct .
26 Executed on March 8, 1988
27
28
34721 Coleen Byrne
i, CITY OF HUNTIIVG` ON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF REDEVELOPMENT
August 5, 1987
Mr. James Koller
314 5th Street
Huntington Beach, CA 92048
Regarding: Hain-Pier Redevelopment
Parcel No: 24-143-20
314 Fifth Street
Dear Property Owner:
The Huntington Beach Redevelopment Agency hereby repeats its offer to purchase
your property referenced above for the sum of $293,000.00. A copy of the
original Offer and Appraisal Summary Statement is attached.
After review by the Agency's appraiser, and having not received documentation
from you to substantiate a higher value, the Agency has determined that the
appraised value of $293,000.00 is reflective of fair market value and is the
highest and best offer the Agency can extend at this time.
It is requested that you consider our offer again and contact our acquisition
agent, John Cutler and Associates to discuss any continents or questions you may
have.
Thank you for your cooperation in this matter. And again, if you would
acknowledge receipt below, it would be appreciated.
Very truly yours, OFFER RL'CEIVF.n.---.------
®SENDER:Complete items 1 and 2 when additional services are desired,and complete items 3 and 4.
r U aS N. LaBelle Put your address in the"RETURN TO"space on the reverse side.Failure to do this will prevent this
card from being returned to you.The return receipt fee will rovide you the name of the person
Del ty City Administrator/ delivered to and the date of delive .Foradditional tees the following services are avails le.Consult
postmaster or fees and check box es)for additional service(s)requested.
1. ❑ Show to whom delivered,date,and addressee's address. 2. ❑ Restricted Delivery.
3.Article Addressed to: 4.Articl Number /
D�IL:JMS:naf f _ c7L
enclosure �Qlyl.eS <O Type of Service:
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atu' d¢q e 8.Addressee's Address Y if
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Si nature—Agent
X
7.Date of pelivery i 1� 7 PS Form 3811.Feb.1986 DOMESTIC RETURN RECEIPT
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R u , t COUNCIL ACTION 64"
� ..
-- ------ 2. ` Date
Submitted to: Honora Ma r_a 'd� u.` cil
Submitted by: Paul E. Cook, City Administrato4u
Prepared by: Douglas N. La Belle, Deputy City Admin./Dir. , Comm. Deve
6
Subject: RESOLUTION OF NECESSITY FOR PROPERTY TO BE ACQUIRED FOR A
PARKING FACILITIES - MAIN-PIER PROJECT AREA APN 024-148-12
Consistent with Council Policy? P4 Yes [ ] New Policy or Exception Re's S-(?
63
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions, Attachments:
STATEMENT OF ISSUE•
The City is purchasing property in the 3rd Street, Olive Avenue and
Walnut Avenue area to expedite the implementation of parking planned
for the area. This parcel is critical to the project and requires
public acquisition because parking facilities in this location will
meet a need within the Downtown Area. This parcel will also result
in the least private injury for the reasons to be articulated at the
hearing.
RECOMMENDATION•
Conduct and conclude the noticed hearing and adopt the attached
Resolution of Necessity (Resolution No. nS '3 ) : Lots 25 and 27,
Block 203 of the Huntington Beach Tract, Assessor Parcel No.
024-148-12.
ANALYSIS•
The City has been attempting to purchase and consolidate parcels in
this location to accommodate parking facilities . After many months
of acquisition efforts, this key parcel requires condemnation. The
adoption of the Resolution of Necessity will authorize the
acquisition of this parcel by eminent domain which will allow the
construction of parking facilities to proceed as proposed.
FUNDING SOURCE:
Civic Improvement Corporation Certificates of Participation and
Assessment District Bonds - Account No. 710-701.
Plo 5/85
AST-9RNATIVE ACTION:
Do not adopt the Resolution of Necessity and continue negotiations
with the property owner.
ATTACHMENTS:
1. Resolution with
a. Map
b. Legal Description
2 . Letter of Notice
DLB:GG: jr
(0215d)
PARCEL NO. 024-148-12
LEGAL DESCRIPTION
LOTS 25 AND 27 IN BLOCK 203 OF HUNTINGTON BEACH, AS SHOWN ON A MAP RECORDED
IN BOOK 3, PAGES 3 TO 6 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY,
CALIFORNIA.
EXHIBIT "A"
-4-
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5 PARCEL NUMBERS BOOK 24 PAGE /4 O
SHOWN /N CIRCLES COUNTY OF ORANGE
•APN 24- l 48-12
M CO L LE
CITY ACQU1511lOrl .
OFFICE OF
I"'� CITY ATTORNEY
P.O.BOX 2740
Tt 2000 MAIN STREET
HUNTINGTON BEACH
CALIFORNIA 92647
GAIL HUTTON TELEPHONE
City Attorney (714)536.6555
March 8, 1988 CERTIFIED MAIL RETURN RECEIPT
REQUESTED
Dennis A. Niccole, Michael W. Niccole, Gary R. Niccole
�00 Third Street
Huntington Beach, CA 92648
RE: Main-Pier Redevelopment Project Area
Parcel Number : 24-148-12
Dear Property Owner :
By letter dated March 2 , 1987 , the City of Huntington .Beach
offered to purchase your property referenced above . A copy of the
original offer letter to you is enclosed . Our offer was rejected
and our . discussions and negotiations to date have not been
successful .
Therefore you are hereby notified that the City of Huntington
Beach City Council will consider adoption of a resolution of
necessity to acquire your property by condemnation at a hearing to
be held on March 28 , 1988 at 7 :00 p.m. in the Council Chambers ,
City Hall , 2000 Main Street, ' Huntington Beach, California.
This hearing will NOT concern the price to be paid for the
property. Issues appropriate for discussion are those dealing
with public interest and necessity for your property, and the
Agency ' s right to acquire your property by condemnation pursuant
to Section 1240 .030 of the California Code of Civil Procedure a
copy of which is attached hereto for your convenience .
Notice : You have a right to appear and be heard on the matters
referred to in such C .C .P . Section 1240 .030 . If you
wish to appear at the , hearing and be heard, you
should file a written request within 15 days of the
date of this letter . Your failure to file a written
request to appear and be heard within 15 days after the
date of this notice will result in ,waiver of the right
to appear and be heard .
Dennis A. Niccole
March 8, 1988
Page Two
Additionally, you should be advised that we remain ready at any
time to negotiate a settlement to this matter .
Ver truly yours,
GAIL HUT N
' City Attorney
GH :cb
1 PROOF OF SERVICE BY MAIL
2 STATE OF CALIFORNIA )
3 ) ss.
COUNTY OF ORANGE )
4 I am employed in the County of Orange, State of California.
5 I am over the age of 18 and not a party to the within action; my
6 business address is Post Office Box 2740, Huntington Beach,
7 I California 92647 .
8
On March 8, 1988 , I served the foregoing
9 documents described as :
10
11
12 Notice of Hearing regarding Resolution of Necessity.
13 on the interested parties in this action by placing a true copy
14 thereof in a sealed envelope with postage thereon fully prepaid
15 in the United States mail at Huntington Beach, California,
16 addressed as follows:
17
18 Dennis A. Niccole
Michael W. Niccole
19 Gary R. Niccole
400 Third Street
20 Huntington Beach, CA 92648
21
22
23
24 I declare under penalty of perjury of the laws of the State
25 of California that the foregoing is true and correct .
26 Executed on March R, 19RR
27
28
34721 Coleen Byrne
.ram"
---'—
r' SENDER ,Complete Items t'and 2 when.additional services are desired,and complete Poems 3 and 4.
.�., r.,r+ : •' �.�t}; . '�:' j.l. ',. '
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o F*• ,delivered to and the date of delivery.
, o t ons gas e To"Owing services are 91 e. nsult ,.
postmaster or sass eri check x as itionefservice(:)requested.y%ix t` r
�'• •1 SNoia to whom'delivered;date;>EI a ^.,`2, ❑SRestricted Delivery.:'--
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PS Form 3800, Feb. 1982 + U.S.O.P.O.1983-403.617
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CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF REDEVELOPMENT
Dennis A. Niccole, Michael W. Niccole, February 2, 1987
Gary R. Niccole
400 Third Street
Huntington Beach, CA 92648
Regarding: Main-Pier Redevelopment Area
Parcel No. 024-148-12
Dear Property Owners:
As you may know, the property which you own and which is referenced above, is
located within a redevelopment project area. The Agency is seeking to acquire
your property and other adjoining properties for a proposed redevelopment
project.
Therefore, the Huntington Beach Redevelopment Agency hereby makes an offer to
acquire your property located at southwest corner Olive Avenue and Third
Street, Huntington Beach, California, for the sum of $273,000.00, which is
segregated as follows:
$273,000.00 Land and Improvements
$ -0- Improvements Pertaining to the Realty
(Fixtures and Equipment)
$273,000.00 Total
The Agency's offer is the full amount determined to be just compensation for
the property. The basis for that determination is explained in the attached
Appraisal Summary Statement. It is the Agency's hope that this price is
agreeable to you and that the acquisition can begin immediately.
A representative of John Cutler & Associates, the Agency's Acquisition Agent,
will work with you in the acquisition of your property and answer any questions
you have regarding this letter and Appraisal Summary Statement. The
Acquisition Agent can be contacted at (213) 427-2333 (collect).
It is requested that you acknowledge receipt of the Agency's offer by signing a
copy of this letter and returning same to this office. Your signature on the
copy does not signify acceptance of the offer to settle the acquisition by the
Agency, it only acknowledges receipt of the Agency's offer.
Your cooperation in this matter will be greatly appreciated.
OFFER RECEIVED
ncerely,
BY:
- 0
Dou as N. LaBelle DATE:
Deputy City Administrator/Redevelopment Receipt of Offer es Not
Constitute Acceptance
cc: Pat Spencer, Robert Franz, Dan Brennan
Telephone (714)536.5582
Cfi}' ATiJR;d�'
LAW OFFICES OF CI T y CC
Lox F. HURWITZ HIJNTI!i
A PROFESSIONAL LAW CORPORATION
SUITE 210 A'I.i 3 b;
520 NORTH BROOKHURST STREET
*LON F. HURWITZ ANAHEIM, CALIFORNIA 92801 OF COUNSEL
*JOHN A. SANDOUIST (714) 776-0130 ROBERT E. BLEVANS
JULIE PAYNE HUMPHREYS BRUCE A. GREENBERG
*A PROFESSIONAL LAW CORPORATION
V
March 17, 1988
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ms. Gail Hutton
City Attorney
P. O. Box 2740
2000 Main Street
Huntington Beach, CA 92647
Re: Main-Pier Redevelop rt-'Proje rea
Parcel Number 24-148-12
Our Client Dennis Nicco
Dear Ms. Hutton:
Pleasse b�e d k!�d that pursuant to your letter dated March 8,
198$, Mr. Niccole will be appearing at the hearing scheduled in
the bos're tattePon March 28 , 1988 at 7: 00 p.m. in the Council
Chambers of City Hall.
Sincerely,
LAW OFFICES OF LON F. HURWITZ
A PROFESSIONAL LAW CORPORATION
BY: �
L014 F. U ITZ
LFH: jl
i
' Zabl
T," 1 7�/
-OR. p TY COUNCILACTIO ,Date March 28, 1988
Submitted to: Ali°Zarid; ;- Council
Submitted by: Paul E. Cook, City Administrator v
Prepared by: Douglas N. La Belle, Deputy City Admin./Dir. , Comm. Devel
Subject: RESOLUTION OF NECESSITY FOR PROPERTY TO BE ACQUIRED FOR
PARKING FACILITIES - MAIN-PIER PROJECT AREA APN 024-143-01
Consistent with Council Policy? btJ Yes [ ] New Policy or Exceptionf?&-S �j
I
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: _49
STATEMENT OF ISSUE:
The City is purchasing property in the 5th Street, Orange and Olive
Avenues area to expedite the implementation of parking planned for
_ - the area . This parcel is critical to the project and requires
public acquisition because parking facilities in this location will
meet a need within the Downtown Area . This parcel will also result
in the least private injury for the reasons to be articulated at the
hearing.
RECOMMENDATION:
Conduct and conclude the noticed hearing and adopt the attached
Resolution of Necessity (Resolution No. 1526 Y ) : Lot 28, Block 304
of the Huntington Beach Tract, APN 024-143-01 .
ANALYSIS•
The City has been attempting to purchase and consolidate parcels in
this location to accommodate parking facilities . After many months
of acquisition efforts, this key parcel requires condemnation. The
adoption of the Resolution of Necessity will authorize the
acquisition of this parcel by eminent domain which will allow the
construction of parking facilities to proceed as proposed.
FUNDING SOURCE:
Civic Improvement Corporation Certificates of Participation and
Assessment District Bonds - Account No. 710-701.
J1/
l
NO 5/85
ALTERNATIVE ACTION:
Do not adopt the Resolution of Necessity and continue negotiations
with the property owner.
ATTACHMENTS:
1. Resolution with
a. Map
b. Legal Description
2 . Letter of Notice
DLB:GG: jr
(0213d)
• OFFICE OF
I"'� CITY ATTORNEY
- - o
P.O.BOX 2740
Kil t' 2000 MAIN STREET
HUNTINGTON BEACH
CALIFORNIA 92647
GAIL HUTTON TELEPHONE
City Attorney (714)536-5555
March 8 , 1988 CERTIFIED MAIL RETURN RECEIPT
REQUESTED
Sylvia Shandrick
G021 Doyle Drive
Huntington Beach, CA 92647
RE : Main-Pier Redevelopment Project Area
Parcel Number : 24-143-01
Dear Property Owner :
By letter dated September 1 , 1987 , the City of Huntington Beach
offered to purchase your property referenced above . A copy of the
original offer letter to you is enclosed . Our offer was rejected
and our discussions and negotiations to date have not been
successful .
Therefore you are hereby notified that the City of Huntington
Beach City Council will consider adoption of a resolution of
necessity to acquire your property by condemnation at a hearing to
be held on March 28 , 1988 at 7 : 00 p .m. in the Council Chambers ,
City Hall , 2000 Main Street , Huntington Beach , California .
This hearing will NOT concern the price to be paid for the
property . Issues appropriate for discussion are those dealing
with public interest and necessity for your property, and the
Agency ' s right to acquire your property by condemnation pursuant
to Section 1240 .030 of the California Code of Civil Procedure a
copy of which is attached hereto for your convenience .
Notice : You have a right to appear and be heard on the matters
referred to in such C .C .P . Section 1240 . 030 . If you
wish to appear at the hearing and be heard , you
should fi-ie'''a written request within 15 days of the
date of this letter . Your failure to file a written
request to appear and be heard within 15 days after the
date of this notice will result in -waiver of the right
to appear and be heard.
r
Sylvia Shandrick
March 8, 1988
Page Two
Additionally, you should be advised that we remain ready at any
time to negotiate a settlement to this matter .
Ver -, truly yours,
GAIL HUTTON
City Attorney
GH :cb
r
v
o. •SENDEW,Complete lteml;>4and 2 when additional services are desired and complete Items and 4.
"Put your address in ttia"RETURN TO space on the reverse tide:Failure to'4o this will prevent this
card from being returned to yoU"'The return recel t fee will rovide You the name of the rson
delivered to and the date of delive or additionalees efollowing services are available.Consult '
o tmaster or eas an check x(as)for additional service(s)requested.
1. Show to whom del ivered,_date,and addressee's addreu. 2. ❑Restricted Delivery.
3.'ArtlWe Addressed to 4.A Number
1 1� w•
Type of S@rvice:
c y
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gd6tand DATE DELIVERED.•• . .
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6. g d 1
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PS Form 3811,Feb 1986 � , RETURN RECEIPT
W--g
PS Form 3800, Feb. 1982 + U.S.G.P.O.1983.403.517
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I r—
1 PROOF OF SERVICE BY MAIL
2 STATE OF CALIFORNIA )
) ss.
3
COUNTY OF ORANGE )
4 I am employed in the County of Orange, State of California.
5 I am over the age of 18 and not a party to the within action; my
6 business address is Post Office Box 2740, Huntington Beach,
7 California 92647 .
8 On March 8 , 1988 , I served the foregoing
9 documents described as:
10
11 Notice of Hearing regarding Resolution of Necessity
12
13 on the interested parties in this action by placing a true copy
14 thereof in a sealed envelope with postage thereon fully prepaid
15 in the United States mail at Huntington Beach, California,
16 addressed as follows:
17
Ms. Sylvia Shandrick
18 6021 Doyle Drive
19 Huntington Beach, CA 92647
20
21
22
23
24 I declare under penalty of perjury of the laws of the State
25 of California that the foregoing is true and correct .
26 Executed on March 8, 1988
27
28
34721 Coleen Byrne
CITE' 01= HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
September 1, 1987
OFFICE OF REDEVELOPMENT
Ms. Sylvia S. Shandrick
c/o Mr. Richard Condin
Creat Western Real Estate
1901 E. 4th Street
Santa Ana, CA 92705
Regarding: Main-Pier Redevelopment Area
Parcel No: 24-143-01; 328 Fifth Street
Dear Ms. Shandrick:
In a letter dated January 8, 1987, the Huntington Beach Redevelopment Agency
made an offer to you to purchase your property referenced above. Since that
time, the Agency has negotiated with you through your agent, Mr. Richard
Condin, in an effort to reach an equitable settlement. Both the data submitted
by you and the data gathered by the Agency have been reviewed and are the basis
for a revised offer as set out below.
Therefore, and pursuant to our recent negotiations, the Huntington Beach
Redevelopment Agency makes an offer to purchase your property located at 326
Fifth Street, Huntington Beach, California, for the sum of $135,000.00, which
is segregated as follows:
$135,000.00 Land and Improvements
$ -0- Improvements Pertaining to the Realty
(Fixtures and Equipment)
$135,000.00 Total
The Agency's offer is the full amount determined to be just compensation for
the property and is the highest and best offer the Agency can make at this
time. The basis for that determination is explained in the attached Summary
Statement.
It is the Agency 's-hope the price, payable in cash, is agreeable to you and an
agreement can be entered into immediately.
The Agency's Acquisition Agent, John Cutler & Associates, will continue to work
with you in the purchase of your property and answer any questions you have
regarding this offer and the attached Summary.
Your cooperation in this matter is greatly appreciated.
Sincerely, OFFER RECEIVED
BY:
u s N. La�
ep ty City Administrator/Redevelopment DATE:
Constitute Acceptance
SENDER:.�.gmplete items 1 and 2 when additional services are desired,and complete Items 3 and 4.
Put your address In the"RETURN TO"space on the reverse tide.Failure to do this will prevent this
I card from being returned to ygu.The return race t fee wilt provide ou the name of the arson
delivered to and the date of deliver .For additign 1 fees the following services are ava lable.Consult
postmaster for feet and check box es)for additional service(s)requested.
1. ❑ Show to whom delivered,date,and addressee's address. 2. ❑ Restricted Delivery.
3.Article Addressed to: 4.Article Number
Ms. Sylvia Shandrick P ype 622 784
c/o Mr. Jim Shandrick Type Qt Iservice:
6021 Doyle' Drive.- CI Registered ® Insured
Certified COD
Huntington Beach, CA 92647 Express Mail
Always obtain signature of addressee or
agent and DATE DELIVERED.
5.Signature—Addressee S.Addressee's Address(ONLY if .
x requested and fee paid)
6f�Signapr —Agent
7.Data 6f Dollvery
PS Form 3811.Fob. 1986 DOMESTIC RETURN RECEIPT '
Al
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To CITY CLERK From ARTHUR DE LA LOZA
Deputy City Attorney
Subject 3/28/88 Resolutions of Date March 25, 1988
Necessity
The attached letters from Mr . Niccole 's attorney and Mr . Chilcutt
are for your information on the above.
GAIL HUTTON
City Attorne
By
ARTHUR DE LA LOZA
Deputy City Attorney
/cb
cc: file
a