HomeMy WebLinkAboutNoticed Hearing - Resolution 97-61-Property Acquisition by E CITY OF HUNTINGTON BEACH
MEETING DATE: September 2, 1997 DEPARTMENT ID NUMBER: FD-97-013
Council/Agency Meeting Held: 919-7
Deferred/Continued to: ��.e
RApproved ❑ Conditionally Approved ❑ enied
5_1It
rZaCity Clerk's Signature
Council Meeting Date: September 2, 1997 Department ID Number: FD-97-013
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator Tom_
PREPARED BY: ROBERT J. FRANZ, Deputy City Administrator
LES M. JONES II, Director of Public Works
MICHAEL P. DOLDER, Fire Chief
w y2e . 9 7-
SUBJECT: PROPERTY ACQUISITION SO HERN CALIFORNIA EDISION
Fs-t
atement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environments Sta us,Attachments)
Statement of Issue: Under the terms of the Holly-Seacliff Development Agreement, dated
April 11, 1991, the City's responsibility is to acquire property for a water reservoir and a fire
station. A single parcel of land for both projects has been identified and needs to be
acquired from the Southern California Edison Company. A Resolution of Need and
Necessity, approved by the City Council, is needed for the City's acquisition of the parcel by
condemnation.
Funding Source: The purchase price of $2,126,001 for Southern California Edison (SCE)
Company's 4.261 Acre property on Edwards Street between Ellis Avenue and Garfield
Avenue (APN 110-015-59), is based on a March 1996 appraisal ,report.:performed on behalf
of the City of Huntington Beach by Mark W. Linnes, MAI. The fiscal year 1996/97 budget
contains $2,310,000 in the Capital Improvement Projects Fund (EW=PW:921) for purchasing
reservoir and fire station property. The General Fund will reimburse the Water Fund for the
actual fire station land used with annual principal and interest payments. not to exceed
$123,949. The ongoing funding for the General Fund land payment was included as part of
the Fire Department's FY 1996/97 budget reductions. The General Fund payments are
included in the proposed FY 1997/98 and FY 1998/99 budgets. PLC Land Company will
reimburse the Water Fund for the cost of the land and the construction of the reservoir as
required by the Holly-Seacliff Development Agreement. I
FD97013.doc -2- 08/20/9710:50 AM
REQUEST FOR COUNCIL ACTION
MEETING DATE: September 2, 1997 DEPARTMENT ID NUMBER: FD-97-013
Recommended Actions:
1. After following the statutory procedure provided by the City Attorney; Motion to, approve
Resolution No. 97&f declaring the public interest and necessity of acquisition of
property located on Edwards Street in the City of Huntington Beach, identified as
Assessor's Parcel No. (APN 110-015-59), for the purposes of constructing a water
reservoir and fire station.
2. Motion to authorize the City Attorney to enter into a stipulated judgement for settlement of
the eminent domain action pursuant to this RCA and the terms and conditions set forth in
the letter from the City Attorney's Office to Southern California Edison dated August 15,
1998, a copy of which is attached hereto as Attachment No. 2.
Analysis: In closed sessions held on September 16, 1996 and November 25, 1996, the
City Council authorized staff to purchase the Southern California Edison (SCE) property
located on Edwards Street, between Ellis Avenue and Garfield Avenue. During staffs
negotiations, SCE requested that the property be acquired through the eminent domain
process in order to receive timely Public Utilities Commission approval. Although the
purchase price of $2,126,001 has been negotiated, the acquisition of the property from SCE
requires a Resolution of Need and Necessity.
Both a fire station and a water reservoir are required to adequately serve the Holly-Seacliff
area. The Holly-Seacliff Development Agreement, approved by Ordinance No. 3217,
stipulates that the developer, PLC Land Company, will pay $3,768,221 plus future ENR Index
increases for constructing and equipping one fire station. .The Development Agreement also
stipulates that PLC Land Company will pay for the cost of construction including design,
construction costs, and land acquisition costs for a nine million gallon water storage
reservoir, associated booster stations, water well, and transmission lines.
Approving the land acquisition for the fire station/water reservoir is the first of four phases
towards project completion. In compliance with the development agreement, the four phases
and estimated time lines for the projects are as follows:
Phase I Land acquisition to be completed by 09/15/97
Phase II Design including entitlements (10/97—09/98)
Phase III Construction (09/98 — 02/00)
Phase IV Operation (09/99—02/00)
Environmental Status: Soil tests for the suitability of constructing a nine million gallon
water reservoir on the proposed property have been completed. The site was previously
used for oil production and contains three abandoned oil wells. Since the three oil wells were
abandoned prior to 1969, re-abandonment will be required. The stipulated judgement in
eminent domain will include the stipulation that the seller, SCE, will retain responsibility for oil
well abandonment and related soil remediation. Timing of the abandonment and remediation
will be coordinated with the City's construction schedule.
FD97013.doc -3- 08/20/97 9:57 AM
REQUEST FOR COUNCIL ACTION
MEETING DATE: September 2, 1997 DEPARTMENT ID NUMBER: FD-97-013
Attachment(s):
City Clerk's
Page Number No. Description
............ ._.................
........................
..........................
_ 1 Proposed Resolution of Necessity
2 Letter from City Attorne 's Office to SCE dated August 15, 1997
RCA Author: M. Dolder
FD97013.doc -4- 08/20/97 9:34 AM
RESOLUTION NO. 97-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
DECLARING THE PUBLIC INTEREST AND NECESSITY IN THE ACQUISITION OF
CERTAIN REAL PROPERTY LOCATED ON EDWARDS STREET BETWEEN ELLIS
AND GARFIELD AVENUES IN THE CITY OF HUNTINGTON BEACH,
CALIFORNIA, FOR THE PURPOSE OF CONSTRUCTING A WATER RESERVOIR
AND FIRE STATION
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
The City of Huntington Beach has been investigating the acquisition of various interests
in property, including certain property on Edwards Street between Ellis and Garfield Avenues in
the City of Huntington Beach, which real property is hereinafter referred to as the "Subject
Property" and is more specifically described in the legal description and sketches collectively
attached hereto as Attachment No. 1, which legal description and sketches are incorporated
herein by reference; and
The "Project" for the purposes of this acquisition consists of the construction of a fire
station and water reservoir; and
On September 2, 1997, after no less than 15 days written notice to the record owners of
the Subject Property, the City Council of the City 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;
1
&4:97resol:scedison
rIs 97-613
(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
The City Council, as a result of such hearing, has determined that the public health,
safety, and welfare require that the City acquire the Subject Property, for the purpose of
constructing a fire station and water reservoir thereon; and
The Project for which the Subject Property is sought to be acquired has received
preliminary environmental review under Environmental Impact Report No. 89-1, approved
January 8, 1990,
NOW, THEREFORE, based upon evidence presented to it, be it hereby resolved
that the City Council of the City of Huntington Beach does hereby find, determine and declare as
follows:
1. The Subject Property to be acquired is generally located within the City of
Huntington Beach, County of Orange, State of California, and is located on the west side of
Edwards Street between Ellis and Garfield Avenues. The Subject Property the City seeks to
acquire is more specifically described in Attachment No. 1 hereto. The property interests sought
consist of a fee simple absolute interest in and to the Subject Property.
2. The public interest and necessity require the Project, in that the City's General
Plan and the Holly-Seacliff Specific Plan call for the construction of the fire station and water
reservoir in the manner contemplated by the Project. In addition, the fire station and the water
reservoir are designed to improve emergency response times and water storage capacity,
respectively.
2
g*97resol:scedison
rls 97-613
3. The Project is located in a manner most compatible with the greatest public good
and least private injury. The Project is designed in a manner compatible with the greatest public
good, in that the Project will will enhance the utility of the area by improving emergency
response times and the availablity of water service for current and future residents on the area.
The Project will result in the least private injury in that, where possible and consistent with safe
fire station and water reservoir design restrictions, the Project is designed to share the fire station
use and the water reservoir use on the same site, thereby limiting the amount of land to be
acquired, minimizing the number of property owners affected, and avoiding impacts to
residential properties.
4. The Subject Property to be acquired is necessary for the Project, in that the Project
requires a site large enough to accomodate both the fire station and the water reservoir, and that
the Project must be located in the general area of the Subject Property so that the fire station and
water reservoir provide the maximum amount of public benefit possible.
5. The offer required by Government Code Section 7267.2 has been made to the
record owners, by way of letter dated August 15, 1997. The power of eminent domain must be
exercised to acquire the property.
6. To the extent that any of the Subject 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.
7. The City Council hereby declares its intent to acquire a fee simple absolute
interest in the above-referenced Subject Property in the City's name in accordance with the
provisions of the laws of the State of California.
3
g*97resol:scedison
rls 97-613
7. The City Council hereby declares its intent to acquire a fee simple absolute
interest in the above-referenced Subject Property in the City's name in accordance with the
provisions of the laws of the State of California.
8. The City Attorney 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 simple absolute interest to the Subject
Property. The City Attorney is 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
Subject Property.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on September 2, 1997.
A�f< 494��-�
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk ity �orney
REV WED AND APPROVED: INI TE APPROVED:
City Administrator Director Pub is Works
N211�e _xe
Fire Chief
4
&4:97resol:scedison
rls 97-613
That certain real property located in the City of Huntington Beach,
County of Orange, State of California, described as follows:
For legal description, see Parcel 1 on the Exhibit "A" attached
hereto and made a part hereof.
RESERVING unto Southern California Edison Company, a corporation, its successors and
assigns, an easement and right of way to construct, operate, use, maintain, alter, add to, reconstruct,
enlarge, repair, renew, replace, inspect, improve, relocate, and/or remove, at any time and from time to
time, electrical systems and communication systems (hereinafter referred to as "systems") consisting of
wood and/or metal poles, guy wires and anchors, crossarms, wires and other fixtures and appliances,
with necessary appurtenances,both overhead and underground, for conveying electric energy to be used
for light, heat, power and for transmitting intelligence by electrical means and/or other purposes, in,
under, on, over, along and across that certain real property in the County of Orange. State of California,
described as follows:
For legal description, see Parcel"A" (Transmission Line) on the Exhibit"A"attached hereto and by
this reference made a part hereof.
ALSO RESERVING unto Southern California Edison Company, a corporation, its successors and
assigns,and its and their contractors, agents,employees,licensees and lessees an easement and right of
way to construct, reconstruct, use, maintain and repair a slope and a roadway in, on, over, along and
across that certain real property in the County of Orange,State of California, described as follows:
For legal description, see Parcel"B" (Access Road) and Parcel"D" (Slope and Access Easement) on
the Exhibit"A"attached hereto and by this reference made a part hereof.
ALSO RESERVING unto Southern California Edison Company, a corporation, its successors and
assigns, and its and their contractors, agents and employees, an easement and right of way to construct,
use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and
from time to time, underground electrical supply systems and communication systems (hereinafter
referred to as "systems"), consisting of wires, underground conduits, cables, vaults, manholes,
handholes, and including above-ground enclosures, markers and concrete pads and other appurtenant
fixtures and equipment necessary or useful for distribution electrical energy and for transmitting
intelligence by electrical means in, on, over, under, across and along that strip of land shown as Parcel
"B" (Access Road), lying within that certain real property in the County of Orange. State of California.
described as follows:
-For legal description, see Parcel "B" (Access Road) on the Exhibit"A" attached hereto and by this
reference made a part hereof.
ALSO RESERVING unto Southern California Edison Company, a corporation, its successors and
assigns, the right to lay, construct, reconstruct, use, maintain, operate, repair, replace, renew, change
the size of, increase the number of, and remove pipelines with necessary and proper valves and other
appliances and fittings for use in connection with said pipelines, together with adequate protection
therefore, for the transportation of oil, petroleum, gas, water, or other substances, in, on, over, through,
under, or along that strip of land, lying within that certain real property in the County of Orange, State
of California, described as follows:
For legal description, see Parcel "C" (Pipeline) on the Exhibit "A" attached hereto and by this
reference made a part hereof.
ALSO RESERVING unto Southern California Edison Company, a corporation, its successors and
assigns, and its and their contractors, agents, employees,licensees and lessees the right of free access to
said systems, roads and pipelines and every part thereof, over Parcel 1, at all times, for the purpose of
exercising the rights herein granted, and the right to clear and to keep clear Parcel 1, free from
explosives, buildings, structures, fences, vehicles, equipment, brush, combustible material and any and
all other obstructions of any kind, and the right to trim or remove any tree or shrub which, in the
1 of 2
Attachment No. 1 to August 15, 1997 letter from Paul D'Alessandro to
Douglas P. Ditonto showing legal description of Subject Property;
Page 1 of 6
opinion of Southern California Edison Company, may endanger said systems, or any part thereof, or
interfere with the exercise of the rights herein granted.
AISO RESERVING unto Southern California Edison Company, a corporation, its successors and
assigns, the right of assignment, in whole or in part to others, without limitation, and the right to
apportion or divide in whatever manner Southern California Edison Company deems desirable, any one
or more, or all, of the easements and rights, including but not limited to all rights of access and ingress
and egress reserved herein by Southern California Edison Company.
In the event Parcel 1 is developed,City of Huntington Beach,its successors and assigns,will grant
to Southern California Edison Company, a corporation, its successors and assigns, and its and their
contractors, agents, employees, licensees and lessees an easement for an access road in a location,
which in the sole opinion of Southern California Edison Company,will provide access as convenient and
adequate as that which Southern California Edison Company, may then be using. Upon granting of said
access road easement, Southern California Edison Company will execute and deliver, a good and
sufficient quitclaim deed to the right of free access over Parcel 1.
City of Huntington Beach, its successors and assigns, shall not deposit or permit or allow to be
deposited, earth, rubbish, debris or any other substance or material, whether combustible or
noncombustible, on said Parcel "A", Parcel "B", Parcel "C" or Parcel "D", or so near thereto as to
constitute, in the opinion of Southern California Edison Company, its successors and assigns, a menace
or danger to said systems and pipelines or which may in the opinion of Southern California Edison
Company, interfere with Southern California Edison Company's ready access to said systems and
pipelines.
2 of 2
Attachment No. 1 to August 15, 1997 letter from Paul D'Alessandro to
Douglas P. Ditonto showing legal description of Subject Property;
Page 2 of 6
EXHIBIT•"A"
Legal Description
Serial-No. 63858A
That certain real property in the City of Huntington Beach, County
of Orange, State of California described as follows:
PARCEL 1
The East 565.00 feet of Parcel 1 as shown on a map filed in Book
42 page 25 of Parcel Maps, in the Office of the County Recorder of said
County, said East 565.00 feet being measured at right angles from the
centerline of Edwards Street, as shown on said Parcel Map.
PARCEL"A" (Transmission Line)
The North 25 feet; the South 25 feet and the West 12.5 feet of the
hereinbefore described PARCEL 1.
PARCEL"B" (Access Road Easement)
That portion of said East 565.00 feet of Parcel 1 of said Parcel Map,
lying within a strip of land 20.00 feet wide the centerline of said strip
being described as follows:
Beginning at a found 2-inch iron pipe with tag, marked, "L.S.
3347", in handwell, accepted as the intersection of the centerline of said
Edwards Street with the centerline of Ellis Avenue, in lieu of City of
Huntington Beach monument, as shown on said Parcel Map, thence
South 00' 51' 26" East, 628.55 feet, measured along said centerline of
Edwards Street to the TRUE POINT OF BEGINNING, thence North 89'
08' 35" West, 40.00 feet; thence South 710 10' 15" West, 27.14 feet;
thence North 890 55' 20"West, 220.47 feet, to the beginning of a tangent
curve, concave to the Northeast, having a radius of 236.00 feet, thence
Westerly along said curve, through a central angle of 10° 59' 38", an arc
length of 49.64 feet; thence North 730 27' 24" West, 55.54 feet, to the
beginning of a tangent curve, concave to the Southwest, having a radius
of 244.00 feet, thence Westerly along said curve, through a central angle
of 9° 1 P 28", an arc length of 49.39 feet; thence South 880 40' 3 1" West,
130.07 feet to a point in the West line of hereinbefore described PARCEL
1.
PARCEL"C" (Pipeline Easement)
The Westerly 6.00 feet of the Easterly 17.00 feet of hereinbefore
described PARCEL 1.
Attachment No. 1 to August 15, 1997 letter from Paul D'Alessandro
to Douglas P. Ditonto showing legal description of Subject Property;
Page 3 of 6
PARCEL "D" (Slope and Access Easement)
That portion of hereinbefore described PARCEL 1 lying-Southerly of the
Southerly line of the hereinbefore described PARCEL B and Northerly of
the Northerly line of the South 25 feet of hereinbefore described PARCEL
1.
Approved as to description:
Signed
O%-AND sU'Q6
04(J Fy. Date -7 1 S 9-7
0
'r
4754 �4
sj,QT� Of ��\p
Attachment No. 1 to August 15, 1997 letter from Paul D'Alessandro
to Douglas P. Ditonto showing legal description of Subject Property;
Page4 of 6
rUK i IUN OF PARULL 1, N.M.B. 42/25, IN THE CITY OF HUNTINGTON BEACH,
COUNTY OF ORANGE, STATE OF CAUFORNIA
i ELLIS AVE.
FD. 2-I.P. W/TAG, MK'D.
"L.S. 3347" IN HANDWELL
AREA WEST OF PROPOSED SALE AREA FITS PER COUNTY OF ORANGE
TOTAL AREA • 125,043.38 SQ.FT. • 2.87 AC, TIE SHEET 5646/23
FENCED AREA - 55,781.18 SQ.FT. - 1.28 AC. `
NET AREA 69,282"20 SQ.FT. - 1.59 AC.
NORTH LINE N
PCL 1
57' ;t) PAR. "A" 20'
N
40' 4220304E
\ 1956138E
TSP M1
6' a t r PAR. 'C'
q P�` � .,
PAR. 565' N
191, ?\W
12.5' PARCEL 1 p v ;o .�
FEANRCEA TSP 8 7 6 PAR. "B" 2 m m W
N 2 U-:i 'n v
66'
4 1 Na o m
C.
SP W w In
1881489E 1956134E 3 `14
35' SOUTH LINE No 20'
TABULATION TABLE PCL 1 lJJ
FOR VARIABLE WIDTH ACCESS RD. PAR. 2 EASEMENT TO
PT(j BEARING DISTANCE PAR "p" HUNTINGTON BEACH
PER DOC 93-0370671
1-2 N , ' W 4
71'1 1 W 14, oN
-4 N W 47
4-5 a= 10'59 38
R= 236.00' Q w
s Q 4'
-6 N= 7 4 W 4
6-7 � 9'11 28
R= 49.3p 44.00' ���.AN D
'4 1 W 1130.07'---� �5 IR y �� �!f F� -
LEGEND = a L-& 47y4 y 7( GARFIELD AVE.
PARCEL 1. &P Fp, 2-I.P. W/TAG, MK'D.
LANDS OF SOUTHERN CALIFORNIA EDISON COMPANY �,q 0� "L.S. 3347" IN HANDWELL
186,499.86 SO.FT.= 4.281 AC. FITS PER COUNTY OF ORANGE
® TRANSMISSION LINE EASEMENT PARCEL "A" TIE SHEET 5546/73
29,718.94 S0. FT. = 0.682 AC. \�'\
20' WIDE ACCESS ROAD EASEMENT PARCEL "B" 0 100 200 400
10,592.24 SO.FT. = 0.243•AC.
SCALE IN FEET
6' WIDE PIPELINE RESERVATION AREA PARCEL "C'
1,979.88 SO.FT.= 0.046 EXHIBIT "B"
® SLOPE & ACCESS EASEMENT AREA PARCEL "0" LOCATIONS, GENERAL ROUTES AND TERMINI
3551.20 SO.FT.= 0.6B3 AC. OF THE PROPOSED .
40' WIDE 1/2 STREET RIGHTS OF WAY AND EASEMENT
13,199.20 SO.FT.= 0.303 AC. SO FAR AS SAME ARE INVOLVED
NET USABLE sO.FT.. 127.348.40 IN THIS ACTION
NET USABLE ACREAGE. Z924 AC. SERIAL : 63858A
HAWN BY : R. CORDOVA SURVEY: G.J. OLSEN ® iE ®1@�
4ND INFO: 7. CUTHHERTSON DATE : 07-17-97 -
File None: MAARCHIVE\DRAWING\RC2797 .DWG
Attachment No. 1 to August 15, 1997 letter from Paul D'Alessandro to
Douglas P. Ditonto showing legal description of Subject Property;
Page 5 of 6
NOT TO SCALE
SLATER AVE.
6
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m
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ELLIS AVE
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GARFIELD AVE.
LEGEND
® PROJECT LOCATION EXHIBIT "c"
MAP SHOWING GENERAL LOCATION OF LANDS
OF SOUTHERN CALIFORNIA EDISONCOMPANY
IN RELATIONSHIP
IP TOT-
GENERAL LOCATION OF LANDS SOUTHERN CALIFORNIA EDISON COMPANY'S
OF SOUTHERN CALIFORNIA EDISON ELECTRIC TRANSMISSION LINE
SERIAL 63858A ORANGE COUNTY CALIFORNIA
2AWN BY R. CORDOVA SURVEYS G.J.dLSEN ® �
%ND INFO: T. CUTHBERTSON DATE 7-17-97
File Nnne� M:\ARCHIVE\DRAWING\RC2797 .DWG
Attachment No. 1 to August 15, 1997 letter from Paul D'Alessandro to
Douglas P. Ditonto showing legal description of Subject Property;
Page 6 of 6
NOT TO SCALE
SLATER AVE.
J d
m J
m
In
ELLIS AVE
N
® w
3
N =
O �J
3 W m
w 0
O
O
GARFIELD AVE.
LEGEND
® PROJECT LOCATION EXHIBIT "C"
MAP SHOWING GENERAL LOCATION OF LANDS
OF SOUTHERN CALIFORNIA EDISONCOMPANY
IN RELATIONSHIP
IP TOO-
GENERAL LOCATION OF LANDS SOUTHERN CALIFORNIA EDISON COMPANY'S
OF SOUTHERN CALIFORNIA EDISON ELECTRIC TRANSMISSION LINE
SERIAL : 63858A ORANGE COUNTY 'CALIFORNIA
FAUN BY R. CORDOVA SURVEY: G.J.OLSEN ® ��®
aND INFO: T. CUTHBERTSDN DATE : 7-17-97
File Name, M:\ARCHIVE\DRAVING\RC2797 .DWG
Attachment No. 1 to August 15, 1997 Notice of Intention to Adopt a
Resolution of Necessity showing legal description of Subject Property;
Page .$ of 6
I IM6
OFFICE OF
CITY ATTORNEY
P.O. Box 190
2000 Main Street Telephone
Gail Hutton Huntington Beach, California 92648 (714) 536-5555
City Ano/ney Fax (714) 374-1590
August 15, 1997
NOTICE OF INTENTION TO ADOPT A
RESOLUTION OF NECESSITY FOR ACQUISITION OF
CERTAIN REAL PROPERTY WEST OF EDWARDS STREET
BETWEEN ELLIS AND GARFIELD AVENUES IN THE CITY OF
HUNTINGTON BEACH
TO: SOUTHERN CALIFORNIA EDISON COMPANY
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 west of Edwards
Street between Garfield and Ellis Avenues in the City of Huntington Beach, and more
particularly described in the legal description and sketches collectively attached hereto as
Attachment No. 1. The City of Huntington Beach("City")has been investigating the
acquisition of this property as the potential fire station and water reservoir site. 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.
1
4/s:G:4-97Ltrs:Resolnec
This notice is sent to inform you that the Huntington Beach City Council will be
asked to decide if the above conditions are met concerning the City's acquisition of the
above-referenced property. This meeting will be held at or about 7:00 p.m. on September
2, 1997 in the City Council Chambers located at 2000 Main Street, Huntington Beach,
California 92648. If these conditions are met,the City Council 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.
Please be advised that you are entitled to appear and be heard on any of the
matters encompassed with 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. If you desire to appear and be heard, please file a
written request to appear with Connie Brockway, City Clerk, at City Hall 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
may 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 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.
If you have any comments or questions, please do not hesitate to call Mr. Paul
D'Alessandro 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
2
4/s:G:4-97 Ltrs:Resol ne c
That certain real property located in the City of Huntington Beach,
County of Orange, State of California, described as follows:
For legal description, see Parcel 1 on the Exhibit "A" attached
hereto and made a part hereof.
RESERVING unto Southern California Edison Company, a corporation, its successors and
assigns, an easement and right of way to construct, operate, use, maintain, alter, add to, reconstruct,
enlarge, repair, renew, replace, inspect, improve, relocate, and/or remove, at any time and from time to
time, electrical systems and communication systems (hereinafter referred to as "systems") consisting of
wood and/or metal poles, guy wires and anchors, crossarms, wires and other fixtures and appliances,
with necessary appurtenances,both overhead and underground, for conveying electric energy to be used
for light, heat, power and for transmitting intelligence by electrical means and/or other purposes, in,
under, on, over, along and across that certain real property in the County of Orange, State of California.
described as follows:
For legal description, see Parcel"A"(Transmission Line)on the Exhibit"A" attached hereto and by
this reference made a part hereof.
ALSO RESERVING unto Southern California Edison Company, a corporation, its successors and
assigns, and its and their contractors, agents, employees,licensees and lessees an easement and right of
way to construct, reconstruct, use, maintain and repair a slope and a roadway in, on, over, along and
across that certain real property in the County of Orange,State of California, described as follows:
For legal description, see Parcel"B" (Access Road) and Parcel"17" (Slope and Access Easement) on
the Exhibit"A"attached hereto and by this reference made a part hereof.
ALSO RESERVING unto Southern California Edison Company, a corporation, its successors and
assigns, and its and their contractors,agents and employees, an easement and right of way to construct,
use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and
from time to time, underground electrical supply systems and communication systems (hereinafter
referred to as "systems"), consisting of wires, underground conduits, cables, vaults, manholes,
handholes, and including above-ground enclosures, markers and concrete pads and other appurtenant
fixtures and equipment necessary or useful for distribution electrical energy and for transmitting
intelligence by electrical means in, on, over, under, across and along that strip of land shown as Parcel
"B" (Access Road), lying within that certain real property in the County of Orange, State of California,
described as follows:
For legal description, see Parcel "B" (Access Road) on the Exhibit "A" attached hereto and by this
reference made a part hereof.
ALSO RESERVING unto Southern California Edison Company, a corporation, its successors and
assigns, the right to lay, construct, reconstruct, use, maintain, operate, repair, replace, renew, change
the size of, increase the number of, and remove pipelines with necessary and proper valves and other
appliances and fittings for use in connection with said pipelines, together with adequate protection
therefore, for the transportation of oil, petroleum, gas, water, or other substances, in, on, over, through,
under, or along that strip of land, lying within that certain real property in the County of Orange. State
of California, described as follows:
For legal description, see Parcel "C" (Pipeline) on the Exhibit "A" attached hereto and by this
reference made a part hereof.
ALSO RESERVING unto Southern California Edison Company, a corporation, its successors and
assigns, and its and their contractors, agents,employees, licensees and lessees the right of free access to
said systems, roads and pipelines and every part thereof, over Parcel 1, at all times, for the purpose of
exercising the rights herein granted, and the right to clear and to keep clear Parcel 1, free from
explosives, buildings, structures, fences, vehicles, equipment, brush, combustible material and any and
all other obstructions of any kind, and the right to trim or remove any tree or shrub which, in the
1 of 2
Attachment No. 1 to August 15, 1997 Notice of Intention to Adopt a
Resolution of Necessity showing legal description of Subject Property;
Page 1 of 6
opinion of Southern California Edison Company, may endanger said systems, or any part thereof, or
interfere with the exercise of the rights herein granted.
1
ALSO RESERVING unto Southern California Edison Company, a corporation, its successors and
assigns, the right of assignment, in whole or in part, to others, without limitation, and the right to
apportion or divide in whatever manner Southern California Edison Company deems desirable, any one
or more, or all, of the easements and rights, including but not limited to all rights of access and ingress
and egress reserved herein by Southern California Edison Company.
In the event Parcel 1 is developed, City of Huntington Beach,its successors and assigns,will grant
to Southern California Edison Company, a corporation, its successors and assigns, and its and their
contractors, agents, employees, licensees and lessees an easement for an access road in a location,
which in the sole opinion of Southern California Edison Company, will provide access as convenient and
adequate as that which Southern California Edison Company, may then be using. Upon granting of said
access road easement, Southern California Edison Company will execute and deliver, a good and
sufficient quitclaim deed to the right of free access over Parcel 1.
City of Huntington Beach, its successors and assigns. shall not deposit or permit or allow to be
deposited, earth, rubbish, debris or any other substance or material, whether combustible or
noncombustible, on said Parcel "A", Parcel "B", Parcel "C" or Parcel 'D", or so near thereto as to
constitute, in the opinion of Southern California Edison Company, its successors and assigns, a menace
or danger to said systems and pipelines or which may in the opinion of Southern California Edison
Company, interfere with Southern California Edison Company's ready access to said systems and
pipelines.
2of2
Attachment No. 1 to August 15, 1997 Notice of Intention to Adopt a
Resolution of Necessity showing legal description of Subject Property;
Page 2 of 6
EXHIBIT!'A"
Legal Description
Serial-No. 63858A
That certain real property in the City of Huntington Beach, County
of Orange, State of California described as follows:
PARCEL 1
The East 565.00 feet of Parcel 1 as shown on a map filed in Book
42 page 25 of Parcel Maps, in the Office of the County Recorder of said
County, said East 565.00 feet being measured at right angles from the
centerline of Edwards Street, as shown on'said Parcel Map.
PARCEL"A" (Transmission Line)
The North 25 feet; the South 25 feet and the West 12.5 feet of the
hereinbefore described PARCEL 1.
PARCEL"B" (Access Road Easement)
That portion of said East 565.00 feet of Parcel 1 of said Parcel Map,
lying within a strip of land 20.00 feet wide the centerline of said strip
being described as follows:
Beginning at a found 2-inch iron pipe -with tag, marked, "L.S.
3347", in handwell, accepted as the intersection of the centerline of said
Edwards Street with the centerline of Ellis Avenue, in lieu of City of
Huntington Beach monument, as shown on said Parcel Map, thence
South 00' 51' 26" East, 628.55 feet, measured along said centerline of
Edwards Street to the TRUE POINT OF BEGINNING, thence North 89'
08' 35" West, 40.00 feet; thence South 710 10' 15" West, 27.14 feet;
thence North 89' 55' 20"West, 220.47 feet, to the beginning of a tangent
curve, concave to the Northeast, having a radius of 236.00 feet, thence
Westerly along said curve, through a central angle of 10' 59' 38", an arc
length of 49.64 feet; thence North 73' 27' 24" West, 55.54 feet, to the
beginning of a tangent curve, concave to the Southwest, having a radius
of 244.00 feet, thence Westerly along said curve, through a central angle
of 90 11' 28", an arc length of 49.39 feet; thence South 88° 40' 31" West,
130.07 feet to a point in the West line of hereinbefore described PARCEL
1.
PARCEL "C" (Pipeline Easement)
The Westerly 6.00 feet of the Easterly 17.00 feet of hereinbefore
described PARCEL 1.
Attachment No. 1 to August 15, 1997 Notice of Intention to Adopt
a Resolution of Necessity showing legal description of Subject
Property;
Page 3 of 6
PARCEL"D" (Slope and Access Easement)
That portion of hereinbefore described PARCEL 1 lying Southerly of the
Southerly line of the hereinbefore described PARCEL B and Northerly of
the Northerly line of the South 25 feet of hereinbefore described PARCEL
1.
Approved as to description:
Signed
�o tWO sU'�6F
a5 y 1• Ots �o Date -7 l S 1 -9-7
ca r
=i L.S.�4754
sr9j� OF C•���o
Attachment No. 1 to August 15, 1997 Notice of Intention to Adopt
a Resolution of Necessity showing legal description of Subject
Property;
Page 4 of 6
ruts I IUN OF PARULL 1, f.M.B.. 42/25, IN THE CITY OF HUNTINGTON BEACH,
COUNTY OF ORANGE, STATE OF CAUFORNIA
'L ELLIS AVE.
FD. 2"I.P. W/TAG, MK'0.
"L.S. 3347" IN HANDWELL
AREA WEST OF PROPOSED SALE ARFA FITS PER COUNTY OF ORANGE
TOTAL AREA . 125.043.38 SOFT. - 2.87 AC TIE SHEET 5646/23
FENCED AREA - 55.781.18 SQ.FT. - 1.28 AC,
NET AREA 69.282.20 SQ.FT. - 1.59 AC.
NORTH LINE �^
PCL 1
57' ;� PAR. 4" 20'
N I
40 1956138E 4220304E
\ In
n(,e.i� TSP 6' N PAR. "C'
4 P` 17' to ..
N N
PAR. 565' N
w �
12.5' PARCEL i 0' v i0 .2f
FENCED TSP 7 6 PAR, -8- 2 m m c� w
AREA 8 N 2 1 ,� cc
66' 4
0
1 yW N
SP o �
1881489E 1 9561 34E 3 `r
35' J SOUTH LINE No 20'
TABULATION TABLE PCL 1
FOR VARIABLE WIDTH ACCESS RD. PAR. 2 EASEMENT TO
PT# BEARING DISTANCE PAR. •0' HUNTINGTON BEACH
1-2 N 4
PER DOC 93-0370671
71'1 ,1 w W 14' � o
-4 W 47
4-5 Z�= 10'59 38 Q o
'R= 236.00 W
= 4 4'
-6
6-7 d= 9'11 28
R= 244.0
44.00' �Q�AN 0
4 `pU,Q6
,1 W 1 J A ,' 0�d �t0
LEGEND ,� ° L.S. 4754 Z * rt GARFIELD AVE.
PARCEL
OF SOUTHERN CALIFORNIA EDISON COMPANY � FD' 2-I.P. W/TAG. MK'O.
LANDS
O L.S. 3347" IN HANDWELL
186,499.86 SO.FT.= 4.281 AC. qlF TIE SHEET 5546/73 FITS PER COUNTY OF ORANGE
® TRANSMISSION LINE EASEMENT PARCEL `A"
29,718.94 S0. FT. = 0.682 AC.
20' WIDE ACCESS ROAD EASEMENT PARCEL `B" 0 100 200 400
10.592.24 SQ.FT. - 0.243-AC.
SCALE IN FEET
® 6' WIDE PIPELINE RESERVATION AREA PARCEL 'C" EXHIBIT "B"
1.979.88 SO.FT.= 0.046
® SLOPE do ACCESS EASEMENT AREA PARCEL "D" LOCATIONS, GENERAL ROUTES AND TERMINI
3661.20 SO.FT.= 0.683 AC. OF THE PROPOSED .
40' WIDE 1/2 STREET RIGHTS OF WAY AND EASEMENT
13.199.20 SQ.Ff.= 0.303 AC. SO FAR AS SAME ARE INVOLVED
NET USABLE SO.FT.. 127.34&40 IN THIS ACTION
NET USABLE AMAZE- 2.924 AC. SERIAL : 63858A
RAVN BY R. CORDOVA SURVEY: G.J. OLSEN ® =
AND INFO: T. CUTHBERTSON DATE : 07-17-97 -
Fi,e Name: MAARCHIVE\DRAW]NG\RC2797 .DUG
Attachment No. 1 to August 15, 1997 Notice of Intention to Adopt a
Resolution of Necessity showing legal description of Subject Property;
Page 5 of 6
Res. No. 97-61
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 an regular meeting thereof held on the 2nd day of September, 1997 by the
following vote:
AYES: Julien, Harman, Dettloff, Bauer, Sullivan
NOES: Garofalo
ABSENT: Green
G� •
City Clerk and ex-officio Iffierk of the
City Council of the City of Huntington
Beach, California
G/resoluti/rcsbkpg/97-39
A TTA CHMENT 2
OFFICE OF
CITY ATTORNEY
/t7~c P.O. Box 190
2000 Main Street Telephone
Gall Hutton Huntington Beach, California 92648 (714) 536-5555
City Anomey Fax (714) 374-1590
August 15, 1997
1 �
Mr. Douglas P. Ditonto
Southern California Edison Company '
P.O. Box 900 ¢+
Ago
2244 Walnut Grove Avenue, Suite 349
Rosemead, CA 91770
Re: Proposed fire station/water reservoir site in Huntington Beach
ems . J
Dear Mr. Ditonto:
As you recall, the City and SCE have been negotiating for several months concerning the City's
acquisition of certain property owned by SCE and generally located west of Edwards Street
between Ellis and Garfield Avenues in Huntington Beach. The property in question will be
hereinafter referred to as "the Subject Property,"and is more particularly described in the legal
description and sketches attached hereto as Attachment No. 1 and incorporated by this reference
as though fully set forth herein. The City would like to build a fire station and water reservoir on
the Subject Property. The City and SCE have reached agreement in principle on the terms and
price for the acquisition, but would like to expedite the purchase by using the City's eminent
domain power. This letter,therefore, has several purposes.
First: pursuant to California Government Code Section 7267.2, please regard this letter as the
City's final offer for the Subject Property in the amount of Two Million One Hundred Twenty-
six Thousand One Dollars ($2,126,001.00).
Second: I have enclosed'with this letter a document entitled"Notice of Inu, ion o Adont a
Resolution of Necessity for Acquisition of Certain Real Property West of Edwards Street
between Ellis and Garfield Avenues in the City of Huntington Beach." The Notice is self-
explanatory and references the City Council hearing date of September 2, 1997 for the adoption
of the Resolution. My understanding is that SCE does not object to the adoption of the
Resolution and will not appear the hearing.
' a &4:97-letters:ditonto
1
Mr. Douglas P. Ditonto
August 14, 1997
Page 2
Third: I would like to confirm the general direction agreed upon by City staff and SCE at several
recent meetings. As previously discussed, SCE has agreed to the proposed purchase price and
will retain the obligation to remediate the contaminated soil on the site and reabandon the
existing oil wells. At present, SCE intends to remove the contaminated soil and treat it offsite,
and intends to start the remediation work very shortly. The oil well abandonment will be timed,
to the greatest extent possible, to coincide with the City's rough grading of the site. Assuming
that the Resolution of Necessity is adopted on September 2, our intent is to file the City's
complaint in eminent domain, SCE's answer, a stipulated judgment, and the final order of
condemnation as soon thereafter as possible. The condemnation proceeding itself will not be a
contested one, and is intended to merely expedite the acquisition of the site. To that end, each
party will bear its own attorneys' fees and costs, and will cooperate to conclude the matter as
quickly as possible. You have agreed to accept service of the summons and complaint on behalf
of SCE. The entire acquisition will hopefully be completed by September 15, 1997.
If I have misstated anything, or if you have any comments, please contact me as soon as possible.
I look forward to working with you on this project.
Sincerely,
Gail Hutton,
City Attorney
By: Paul D'Alessandro
Deputy City Attorney
cc: Ray Silver, Asst. City Administrator
Michael Dolder, Fire Chief
Les Jones, Public Works Director
&4:97-letters:ditonto
EXHIBIT!"A"
Legal Description
Serial-No. 63858A
That certain real property in the City of Huntington Beach, County
of Orange, State of California described as follows:
PARCEL 1
The East 565.00 feet of Parcel 1 as shown on a map filed in Book
42 page 25 of Parcel Maps, in the Office of the County Recorder of said
County, said East 565.00 feet being measured at right angles from the
centerline of Edwards Street, as shown on said Parcel Map.
PARCEL"A" (Transmission Line)
The North 25 feet; the South 25 feet and the West 12.5 feet of the
hereinbefore described PARCEL 1.
PARCEL"B" (Access Road Easement)
That portion of said East 565.00 feet of Parcel 1 of said Parcel Map,
lying within a strip of land 20.00 feet wide the centerline of said strip
being described as follows:
Beginning at a found 2-inch iron pipe with tag, marked, "L.S.
3347", in handwell, accepted as the intersection of the centerline of said
Edwards Street with the centerline of Ellis Avenue, in lieu of City of
Huntington Beach monument, as shown on said Parcel Map, thence
South 00° 51' 26" East, 628.55 feet, measured along said centerline of
Edwards Street to the TRITE POINT OF BEGINNING, thence North 89'
08' 35" West, 40.00 feet; thence South 710 10' 15" West, 27.14 feet;
thence North 89° 55' 20"West, 220.47 feet, to the beginning of a tangent
curve, concave to the Northeast, having a radius of 236.00 feet, thence
Westerly along said curve, through a central angle of 10' 59' 38", an arc
length of 49.64 feet; thence North 730 27' 24" West, 55.54 feet, to the
beginning of a tangent curve, concave to the Southwest, having a radius
of 244.00 feet, thence Westerly along said curve, through a central angle
of 90 11' 28", an arc length of 49.39 feet; thence South 88' 40' 3 1" West,
130.07 feet to a point in the West line of hereinbefore described PARCEL
1.
PARCEL"C" (Pipeline Easement)
The Westerly 6.00 feet of the Easterly 17.00 feet of hereinbefore
described PARCEL 1.
Attachment No. 1 to Huntington Beach City Council Resolution No. 91-61
97- showing legal description of Subject Property;
Page 3 of 6
That certain real property located in the City of Huntington Beach,
County of Orange, State of California, described as follows:
For legal description, see Parcel 1 on the Exhibit "A" attached
hereto and made a part hereof.
RESERVING unto Southern California Edison Company, a corporation, its successors and
assigns, an easement and right of way to construct, operate, use, maintain, alter, add to, reconstruct,
enlarge, repair, renew, replace, inspect, improve, relocate, and/or remove, at any time and from time to
time, electrical systems and communication systems (hereinafter referred to as "systems") consisting of
wood and/or metal poles, guy wires and anchors, crossarms, wires and other fixtures and appliances,
with necessary appurtenances, both overhead and underground, for conveying electric energy to be used
for light, heat, power and for transmitting intelligence by electrical means and/or other purposes, in,
under, on, over, along and across that certain real property in the County of Orange, State of California,
described as follows:
For legal description, see Parcel"A"(Transmission Line) on the Exhibit"A"attached hereto and by
this reference made a part hereof.
ALSO RESERVING unto Southern California Edison Company, a corporation, its successors and
assigns, and its and their contractors, agents, employees,licensees and lessees an easement and right of
way to construct, reconstruct, use, maintain and repair a slope and a roadway in, on, over, along and
across that certain real property in the County of Orange,State of California,described as follows:
For legal description, see Parcel"B" (Access Road) and Parcel"D" (Slope and Access Easement) on
the Exhibit"A"attached hereto and by this reference made a part hereof.
ALSO RESERVING unto Southern California Edison Company, a corporation, its successors and
assigns, and its and their contractors, agents and employees, an easement and right of way to construct,
use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and
from time to time, underground electrical supply systems and communication systems (hereinafter
referred to as "systems"), consisting of wires, underground conduits, cables, vaults, manholes,
hnholes, and including above-ground enclosures, markers and concrete pads and other appurtenant
fixtures and equipment necessary or useful for distribution electrical energy and for transmitting
intelligence by electrical means in, on, over, under, across and along that strip of land shown as Parcel
"B" (Access Road), lying within that certain real property in the County of Orange, State of California,
described as follows:
For legal description, see Parcel "B" (Access Road) on the Exhibit"A" attached hereto and by this
reference made a part hereof.
ALSO RESERVING unto Southern California Edison Company, a corporation, its successors and
assigns, the right to lay, construct, reconstruct, use, maintain, operate, repair, replace, renew, change
the size of, increase the number of, and remove pipelines with necessary and proper valves and other
appliances and fittings for use in connection with said pipelines, together with adequate protection
therefore, for the transportation of oil, petroleum, gas. water, or other substances, in, on, over, through,
under, or along that strip of land, lying within that certain real property in the County of Orange. State
of California, described as follows:
For legal description, see Parcel "C" (Pipeline) on the Exhibit "A" attached hereto and by this
reference made a part hereof.
ALSO RESERVING unto Southern California Edison Company, a corporation, its successors and
assigns, and its and their contractors, agents, employees, licensees and lessees the right of free access to
said systems, roads and pipelines and every part thereof, over Parcel 1, at all times, for the purpose of
exercising the rights herein granted, and the right to clear and to keep clear Parcel 1, free from
explosives, buildings, structures, fences, vehicles, equipment, brush, combustible material and any and
all other obstructions of any kind, and the right to trim or remove any tree or shrub which, in the
1 of 2
Attachment No. 1 to Huntington Beach City Council Resolution No. 97-101
showing legal description of Subject Property;
Page 1 of 6
opinion of Southern California Edison Company, may endanger said systems, or any part thereof, or
interfere with the exercise of the rights herein granted.
ALSO RESERVING unto Southern California Edison Company, a corporation, its successors and
assigns, the right of assignment, in whole or in part, to others, without limitation, and the right to
apportion or divide in whatever manner Southern California Edison Company deems desirable, any one
or more, or all, of the easements and rights, including but not limited to all rights of access and ingress
and egress reserved herein by Southern California Edison Company.
In the event Parcel 1 is developed,City of Huntington Beach,its successors and assigns,will grant
to Southern California Edison Company, a corporation, its successors and assigns, and its and their
contractors, agents, employees, licensees and lessees an easement for an access road in a location,
which in the sole opinion of Southern California Edison Company,will provide access as convenient and
adequate as that which Southern California Edison Company,may then be using. Upon granting of said
access road easement, Southern California Edison Company will execute and deliver, a good and
sufficient quitclaim deed to the right of free access over Parcel 1.
City of Huntington Beach, its successors and assigns, shall not deposit or permit or allow to be
deposited, earth, rubbish, debris or any other substance or material, whether combustible or
noncombustible, on said Parcel "A", Parcel "B", Parcel "C" or Parcel "D", or so near thereto as to
constitute, in the opinion of Southern California Edison Company, its successors and assigns, a menace
or danger to said systems and pipelines or which may in the opinion of Southern California Edison
Company, interfere with Southern California Edison Company's ready access to said systems and
pipelines.
2of2
Attachment No. 1 to Huntington Beach City Council Resolution No. 97-6 1
showing legal description of Subject Property;
Page 2 of 6
PARCEL"D" (Slope and Access Easement)
That portion of hereinbefore described PARCEL 1 lying Southerly of the
Southerly line of the hereinbefore described PARCEL B and Northerly of
the Northerly line of the South 25 feet of hereinbefore described PARCEL
1.
Approved as to description:
Signed
A 1• old, Fs�- Date -7 Z ( S 9:z
0
;+ L.S.�4754 7k
4
Attachment No. 1 to Huntington Beach City Council Resolution
No. 97-_kL= showing legal description of Subject Property;
Page 4 of 6
t-UKIIUN OF PAKULL 1, N.M.d. 42/25, IN THE CITY OF HUNTINGTON BEACH,
COUNTY OF ORANGE, STATE OF CAUFORNIA
FD. 2'I.P. W/TAG, MK'D. - ELLIS AVE.
L.S. 3347' IN HANDWELL
AREA WEST OF PROPOSED SALE AREA FITS PER COUNTY OF ORANGE
TOTAL AREA = 125.013.38 SO-FT. - 2.87 AC. TIE SHEET 5646/23
FENCED AREA • 55,781.18 SOFT. - 1.28 AC.
NET AREA 69.25Z20 SQ.FT. - 1.59 AC.
NORTH LINE N
PCL 1
57' N PAR. `A` 20'
2
` � 40' 4220304E
Ln
4� 1956138E
2 PAL rsP 6.
PAR. `c`
17' to
P� 56 0 0
L
5'
191' z W
12.5' PARCEL 1 0:N
TSP 0' is v � �1
FENCED 7 6 PAR. `8` 2 m m 4 w
AREA 8 N 2 1 an
66' 4 i w a o m
SP W N n
to
1881489EI 1956134E 3 `N
35' SOUTH LINE f�� No 20'
TABULATION TABLE PCL 1 U
FOR VARIABLE WIDTH ACCESS RD. PAR. 2 EASEMENT TO
PT# BEARING DISTANCE PAR. '0' HUNTINGTON BEACH
_ PER DOC 93-0370671
1- N 2 ����
- 7rt •t w to o
-4 N W 220.47
4-5 4= 10'59 38
R= 236.00' 4 \ w i�
4 4'
-6 N 7 4 W 4
6-7 d= 9'11 28
R= 244.00'
- - a a t 1 ����• -1 1. Ot J�b�o -
LEGEND 1 o 4754 Z * (i GARFIELD AVE.
PARCEL 1 6cP
't` F0. 2-I.P. W/TAG, MK'D.
LANDS OF SOUTHERN CALIFORNIA EDISON COMPANY 'L.S. 3347' IN HANDWELL
186,499.86 SO.FT.= 4.281 AC.® qrF Of ��'\� TIE TSSHEET COUNTY OF
F ORANGE TRANSMISSION LINE EASEMENT PARCEL `A'
29,718.94 S0. FT. = 0.682 AC.
(�... 20' WIDE ACCESS ROAD EASEMENT PARCEL `8' 0 100 200 400
L 10,592.24 SO.FT. = 0.243•AC.
SCALE IN FEET
® 6' WIDE PIPELINE RESERVATION AREA PARCEL `C' —_`��� i�`B»
1.979.88 SO.FT.= 0.046 E
® SLOPE & ACCESS EASEMENT AREA PARCEL 'D' LOCATIONS. GENERAL ROUTES AND TERMINI
3561.20 SO.FT.= 0.683 AC. OF THE PROPOSED .
40' WIDE 1/2 STREET RIGHTS OF WAY AND EASEMENT
13.199.20 SO.FT.= 0.303 AC. SO FAR AS SAME ARE INVOLVED
NET USABLE SO.FT.- 127.34&40 IN THIS ACTION
NET USABLE ACREAGE- 2.924 AC. SERIAL : 638513A
RAWN BY R. CORDOVA SURVEY: G.J. OLSEN ® SII�®
07-]7-9
AND INFO: T. CUTHBERTSON DATE : 7
File Nnne: M:\ARCHIVE\DRAWING\RC2797 .DWG
Attachment No. 1 to Huntington Beach City Council Resolution No. 97- �1_
showing legal description of Subject Property;
_ Page 5 of 6
NOT TO SCALE
SLATER AVE.
6
J �
m �.1
m
N
ELLIS AVE
® 3
V) =
0 U
a
3 z m
w o
O
GARFIELD AVE.
LEGEND
® PROJECT LOCATION EXHIBIT "C"
MAP SHOWING GENERAL LOCATION OF LANDS
OF SOUTHERN CALIFORNIA EDISONCOMPANY
IN RELATIONSHIP
IP TO.
GENERAL LOCATION OF LANDS SOUTHERN CALIFORNIA EDISON COMPANY'S
OF SOUTHERN CALIFORNIA EDISON ELECTRIC TRANSMISSION LINE
SERIAL 63858A ORANGE COUNTY CALIFORNIA
DRAWN BY R. CORDOVA SURVEY: G.J.OLSEN ® ----II --®I
LAND INFO.- T. CUTHBERTSON DATE : 7-17-97
File Name, M+\ARCHIVE\DRAWING\RC2797 .DWG
Attachment No. 1 to Huntington Beach City Council Resolution No. 97- �J _
showing legal description of Subject Property;
Page 6 of 6
' I
RCA ROUTING SHEET
INITIATING DEPARTMENT: FIRE
SUBJECT: PROPERTY ACQUISITION SOUTHERN CALIF EDISON
COUNCIL MEETING DATE: September 2, 1997
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 Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attomey) Not Applicable
Certificates of Insurance (Approved by the City Attomey) 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
REVLEWED n RETURNED :FOR. _A DED
Administrative Staff ( ) ( )
Assistant City Administrator (Initial) ( ) ( )
City Administrator (Initial) ( ) )
City Clerk ( )
EXPLANATION FOR RETURN OFY ITEM.
SpaceOnly)
RCA Author:
Jj"J& CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
TO: Honorable Mayor Bauer and
Members of the City Council
FROM: Gail Hutton, City Attorney
DATE: August 26, 1997
SUBJECT: Mayor's Statement Before Hearing
on Eminent Domain Resolution
City Council Meeting of September 2, 1997; Agenda Item F-1
Before the hearing on the Resolution of Necessity for the Water Reservoir/Fire Station Project at
the City Council meeting on September 2, 1997,the Mayor should announce the following:
1. This agenda item is a specially noticed hearing held under Code of Civil Procedure
Section 1245.235. Only those persons who have been specially noticed and have
previously requested to appear and be heard,or their designees, under Code of Civil
Procedure Section 1245.235,shall be heard at this time.
2. The subject matter of this special hearing is limited to only those matters included in
the proposed resolutions. The amount of compensation is not at issue during this
public hearing. It will be decided by the courts at a later date, should the
resolutions be adopted.
3. A two-thirds majority of the entire City Council is required to adopt the resolutions;
the resolutions must receive five affirmative votes to be adopted.
Other comments by the Mayor, as appropriate, may also be made, but the above items 1 through
3 must be stated before opening the special hearing.
Gail Hutton
City Attorney
c: Michael Uberuaga, City Administrator
Connie Brockway, City Clerk
gA4\97memos\emdomstm
8/26/97