HomeMy WebLinkAboutProperty Acquired by Eminent Domain Ellis Avenue widening - REQUEuT FOR CITY COUNCIL ACTT
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Date December 17 , 1990
Submitted to: ONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Submitted by: GAIL HUTTON, CITY ATTORNEY APPROVED BY CITY COUNCI'-'
Prepared by: GAIL HUTTON, CITY ATTORNEY
Subject: ELLIS AVENUE WIDENING PROJECT =ZQ.!, _
CITY CLERK
Consistent with Council Policy? [A Yes [ J New Policy or Exception
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions, Attachments:
STATEMENT OF ISSUE :
Additional authorization is required to proceed with the acquisition
of the parcels necessary for the Ellis Avenue Widening Project.
RECOMMMENDATION:
Adopt the attached resolution, which amends Resolution No. 6211 to
authorize acquisition of the parcels in question under Code of Civil
Procedure Section 1240. 410 , relating to remnants.
ANALYSIS :
On September 17 , 1990 , the City Council. adopted Resolution No. 6211 ,
which authorized the acquisition of real. property along Ellis Avenue
for street widening purposes . A copy of Resolution No. 6211 is attached
hereto. The project is designed to put street improvements on the north
30 feet of each lot. The remainder of each lot is necessary to the
project , however , due to slope requirements. The area of slope will
be an unusable increment and will constitute a "remnant" as such is tt
referred to in Cal . Code of Civil Procedure Section 1240.410. Separate P�
authorization for its acquisition is required by law.
FUNDING SOURCE :
N/A
ALTERNATIVE ACTIONS :
Do not proceed with the property acquisition.
ATTACHMENTS :
Resolution No. 6211
Proposed Resolution Amending Resolution No. 6211
PIO 5/85
I
RESOLUTION NO. 6240
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
s HUNTINGTON BEACH AMENDING RESOLUTION NO. 6211
PERTAINING TO THE ACQUISITION OF CERTAIN REAL PROPERTY
NECESSARY FOR THE WIDENING OF ELLIS AVENUE IN THE
CITY OF HUNTINGTON BEACH
(A.P.N. 159-393-02, -03 , -04 , -07, -09 , -10)
WHEREAS, on September 17, 1990 , the City Council of the City
of Huntington Beach adopted Resolution No . 6211, which
authorized the acquisition by eminent domain of certain real
property necessary to widen Ellis Avenue; and
Resolution No . 6211 authorized the acquisition of a fee
simple absolute interest in and to the real property described
therein; and
The acquisition by eminent domain of the property necessary
for street widening purposes will leave remnant property, as
such is referred to in California Code of Civil Procedure
1240 . 410; and
The City Council wishes to amend Resolution 6211 to further
authorize the acquisition of the property described therein
pursuant to 1240 . 410 of the California Code of Civil Procedure,
NOW, THEREFORE, the City Council of the City of Huntington
Beach does hereby resolve as follows :
1 . Huntington Beach City Council Resolution No . 6211 is
hereby amended to add new paragraph 7 thereto, to read as
follows :
7 . Pursuant to California Code of Civil Procedure
1240 .4101 the acquisition of the real property described
in Resolution No . 6211 is further authorized under
California Code of Civil Procedure 1240 .410, relating to
p the acquisition of remnants .
F
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1
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PASSED AND ADOPTED by the City Council of the City of Huntington
Beach at a regular meeting thereof held on the 17th day of
December 1990 .
9�
,4,j�
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk,(,/ �� City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Administrator Direc or of Public Works
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Res,. No. 6240
f�yz
STATE OF CALIFORNIA
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH )
I , CONNIE BROCKWAY, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on the 17th day
of December 1990 by the following vote:
AYES: Councilmembers:
MacAllister, WinchPl ll , Silva, C;rPPn, KP11y, Robit-ai 11P, Moulton-
Patterson
NOES: Councilmembers:
None
ABSENT: Councilmembers:
None
City Clerk and ex-offigyo Cler
of the City Council of the City
of Huntington Beac.h, California
RESOLUTION NO. 6211
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH FINDING PUBLIC INTEREST AND NECESSITY
TO ACQUIRE REAL PROPERTY ALONG ELLIS AVENUE IN THE
CITY OF HUNTINGTON BEACH FOR STREET WIDENING PURPOSES,
AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY
BY EMINENT DOMAIN
(A.P.N. 159-393-02, 03 , 04 , 07, 09 , 10)
WHEREAS, the City of Huntington Beach is proposing a project
to widen Ellis Avenue; and
Acquisition of the real property referred to hereinbelow is
necessary for implementing this public project; and
California Streets and Highways Code Section 4090 et seq.
authorizes the City to acquire by condemnation any and all
property necessary or convenient for the purpose of widening
public streets,
NOW, THEREFORE, the City Council of the City of Huntington
Beach finds , determines and resolves as follows :
1 . The public interest and necessity require that the City
Council of the City of Huntington Beach acquire the real
property described herein for public use for street purposes .
2 . The real properties or interests in real properties,
described herein and graphically depicted in Exhibit "A"
attached hereto and incorporated herein by reference, are more
particularly described as follows :
1 . LOT 1 OF FAIRVIEW ADDITION TO HUNTINGTON REACH, AS
SHOWN ON A MAP RECORDED IN BOOK 7, PAGE 48 OF
MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY.
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EXCEPT THEREFROM, ALL MINERALS, GEOTHERMAL RIGHTS, OIL,
GAS, CARBONS AND HYDROCARBONS IN AND UNDER SAID LAND
LYING BELOW A DEPTH OF 300 FEET FROM THE SURFACE
THEREOF, BUT WITHOUT THE RIGHT OF SURFACE ENTRY
THERETO, AS GRANTED TO TIDAL WAVE OIL COMPANY IN A
DOCUMENT RECORDED FEBRUARY 13 , 1986 AS INSTRUMENT NO.
86-061051 OF OFFICIAL RECORDS .
2 . LOT 2 OF FAIRVIEW ADDITION TO HUNTINGTON BEACH, AS
SHOWN ON A MAP RECORDED IN BOOK 7, PAGE 48 of
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA.
3 . LOTS 3 AND 4 IN THE FAIRVIEW ADDITION TO HUNTINGTON
BEACH, AS SHOWN ON A MAP RECORDED IN BOOK 7, PAGE 48 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA.
4 . LOT 7 OF FAIRVIEW ADDITION TO HUNTINGTON BEACH, AS PER
MAP RECORDED IN BOOK 7, PAGE 48 OF MISCELLANEOUS MAPS
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM ALL MINERALS, GEOTHERMAL RIGHTS,
OIL, GAS, CARBONS AND HYDROCARBONS IN AND UNDER SAID
LANDS LYING BELOW A DEPTH OF 300 FEET FROM THE SURFACE
THEREOF, BUT WITHOUT RIGHT OF SURFACE ENTRY TO, AS
GRANTED TO TIDAL WAVE OIL COMPANY IN A DEED RECORDED
FEBRUARY 13 , 1986 AS INSTRUMENT NO. 86-61051 OF
OFFICIAL RECORDS.
5 . LOT 9 OF FAIRVIEW ADDITION TO HUNTINGTON BEACH, AS
SHOWN ON A MAP RECORDED IN BOOK 7, PAGE 48 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA.
6 . LOT 10 OF FAIRVIEW ADDITION TO HUNTINGTON BEACH, AS PER
MAP RECORDED IN BOOK 7, PAGE 48 OF MISCELLANEOUS MAPS
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM, ALL MINERALS, GEOTHERMAL RIGHTS,
OIL, GAS, CARBONS AND HYDROCARBONS IN AND UNDER SAID
LANDS LYING BELOW A DEPTH OF 300 FEET FROM THE SURFACE
THEREOF, BUT WITHOUT RIGHT OF SURFACE ENTRY, AS GRANTED
TO TIDAL WAVE OIL COMPANY BY DEED RECORDED FEBRUARY 13 ,
1986 AS INSTRUMENT NO. 86-061051 OF OFFICIAL RECORDS .
4 . A hearing on the matters set forth in Code of Civil
Procedure S 1240 . 030 was duly held by the City Council on
September 17, 1990, and as a result thereof the Council finds as
follows:
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6211
a . The public interest and necessity require the
proposed project .
b. The proposed project is planned and located in the
manner that will be most compatible with the greatest public
good and the least private injury.
C . The property described herein is necessary for the
proposed project .
d. It is necessary that the taking of said property
or interest in said real property be fee simple absolute, and
acquisition of fee simple absolute in the property is the manner
which will be most compatible with the greatest public good and
the least private injury.
e. Pursuant to Section 7267 . 2 of the California
Government Code, an offer to purchase has been made to the owner
or owners of record.
5 . The City Attorney of the City of Huntington Beach is
hereby authorized, directed and empowered to acquire in the name
of the City of Huntington Beach the above described real
property or interest in real property by condemnation under the
laws of the State of California relating to eminent domain and
such other statutes of the State as may be applicable, to
commence such proceedings as are necessary for the acquisition
of said property, and to do all things reasonably necessary for
the acquisition of the property, including applying for an order
fixing the amount of security by way of money deposits as the
L_ court may direct and for an order permitting the city to take
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6211
possession and use of the property for the uses and purposes
described herein.
6 . 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 .
PASSED AND ADOPTED this 17th day of September 1990 .
l\
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk y City Attorney 2 qo
o-
REVIEWED AND APPROVED: I ']ED A1�D OV.ED:
City Administrator Ch-i-e of AeT bt rat ive
Services
-4-
6211
Res.. No. 6211
STATE OF CALIFORNIA
COUNTY OF ORANGE SS:
CITY. OF HUNTINGTON BEACH )
I , CONNIE BROCKWAY, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on the 17th day
Of September 19 90 by the following vote:
AYES: Councilmembers:
MacAllister, Winchell Green, Mays, Silva, Erskine
NOES: Councilmembers:
None
ABSENT: Councilmembers:
Bannister
City er an ex—o ici er
of the City Council of the City
The foregoing instrument is a Correct COPY, of Huntington Beach, California
Ot the original on file in this office. o
Attest ._
CONNIE BROCKWAY_-----
cf the City
City Cler'; Ca
Council of the City of Iluntingto",Qeach
By_._�
----- DePittY
RECEIVEo
CITY CLERK
C!TY of
NUNTIt;�TC _ aCH CALIF,
OEC I I 9 33 All 190
Barbara Harmon
634 So . Orchard Dr .
Burbank, CA 91506
(818) 843-5472
December 9, 1990
Connie Brockway, City Clerk
City of Huntington Beach
2000 Main Street
P 0 Box 190
Huntington Beach, CA 92648
Dear Ms . Brockway :
Z do wish to be heard Re : Huntington Beach City Council Resolut-
lion No . 6211 , APN 159-393-09 .
Yours truly,
Barbara Harmon
cc : John Patrick Whelan, Attorney at Law
2134 Main Street , Suite 130
Huntington Beach, CA 92648
p
USA
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CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
December 5, 1990
Ms. Margaret Lindsey
10081 Beverly Drive
Huntington Beach, CA 92646
I am referring your letter regarding the eminent domain hearing to
be held on December 17, 1990 to the City Attorney for an explanation
of the term remnants as used in the phrase acquisition of remnants.
I have attached a copy of the letter notifying you of the September
17, 1990 hearing when Resolution No. 6211 was adopted.
If you have any questions, please give us a call .
Betty Tate
Deputy City Clerk
CB:bt
Enc.
(Telephone: 714-536.5227►
RECEIVED
CITY CLERK
CITY OF
HUNTINGi;;t; ^=°CFI, CALIF.
,ay,11A6/p� OFFICE OF CITY ATTORNE `�`LC � � �� �f� 8(](1
Vu
y +oi P.O.BOX 2740
2000 MAIN STREET
HUNTINGTON BEACH
CALIFORNIA 92647
GAILHUTTON , TELEPHONE
City Attorney (714)536-5555
November 27, 1990
Ms . Margaret Lindsey
Mr . Elmer Olson
10081 Beverly Drive
Huntington Beach, California 92646
Re: Huntington Beach City -Council Resolution No . 6211
APN 159-393-04
Dear Ms . Lindsey and Mr. Olson:
On September17, 1990 a it Coun�� � ofthe__C ty_ of Hqn� ngton
-Beac a e so u ion No . 211 w horized the acquisition
by emine the a ve referenced
Please take n tic�t on December 17, 1990, the City Council
intends to adopt an amendment to Resolution No . 6211. The
proposed amendment would amend Resolution 6211 to further
authorize the acquisition of said parcel under Code of Civil
Procedure S 1240 .410, relating to the
You have the right to appear and be .heard on this issue.
If you would like to appear and be heard on this matter, please
contact the office of the City Clerk as soon as possible. The
City Clerk' s address and phone number are:
Connie Brockway, City Clerk
City of Huntington. Beach
2000 Main Street ,
P.O. Box 190 �
Huntington Beach, CA 92648
(714) 536-5527
Sincerely,
j Gail Hutton
City Attorney
cc : Trudy Polsky, Attorney at Law
4281 Katella Avenue, Suite 226
Los Alamitos , CA 90720
Mftaret Limy
v
'thin I c - of N Beach, C a 9,')646 Q� 4 F r A
J gYo's"emite
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CITY OF HIJNTINGTON BEACH
le INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To Gail Hutton From Betty Tate
City Attorney Deputy City Clerk
Subject EMINENT DOMAIN HEARING - 12/17/90 Date December 5, 1990
APN 159-393-04
I am forwarding a request received from Margaret Lindsey to speak
at the December 17, 1990 eminent domain hearing. She refers to
the phrase acquisition of remnants and wishes an explanation of
the term remnants. Please respond to her request.
I am informing Ms. Lindsey that I have referred this question to
you. I am also sending her a copy of the letter dated 8/22/90
regarding .the 9/17/90 hearing when Resolution No. 6211 was adopted.
OFFICE OF
CITY ATTORNEY
y ; Q P. 0.BOX 2740
2000 MAIN STREET
HUNTINGTON BEACH
CALIFORNIA 92647
GAIL HUTTON TELEPHONE
City Attorney - (714) 536-6555
August 22 , 1990
Elmer Olson and Margaret Lindsey
10681 Beverly Drive
Huntington Beach, California 92649
Dear Sir and Madam:
On September 17 , 1990 , at 7 : 00 p . m. in the Council Chambers at 2000
Main Street , Huntington Bech, California 92648 , the Huntington Beach
City Council intends to adopt a " resolution of necessity" as such is
described in California Code of Civil Procedure § 1245 . 230 .
This resolution will evidence the intention of the City of
Huntington Beach to acquire the real property commonly known as
A . P . N . 159-393-04 .
Your name and address appear on the last County of Orange equalized
easement roll as owner of the interest in real property to be
acquired . Please take ntice you have a right to appear and be heard
on the following matters :
a ) Is there a public interest in and necessity for the City
of Huntington Beach to acquire the stated interest in the
property?
b) Is the project planned or located in a manner that will be
most compatible with the greatest public good and the
least private injury?
c) Is the interest to be acquired necessary for the project?
Your right to appear and be heard will be waived by your failure to
file with the City a written request to appear and be heard within
fifteen ( 15 ) days from the date shown on the postmark of this
letter , which is the date of mailing .
Yours very truly,
GAIL HUTTON
City Attorney
-CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
s
To Connie Brockway From Gail Hutton
City Clerk City Attorney
Subject Margaret Lindsey' s Phone Calls Date December 12, 1990
Requesting Legal Advice
Mrs. Lindsey has repeatedly phoned for legal advice. My staff and I
are unable to provide her with legal advice because she is
represented by an attorney and the State bar rules do not allow us
to talk ex parte to people represented by adverse counsel . Mrs .
Lindsey was informed of this State bar requirement at least two
weeks ago in a conversation with Rebecca Lazar of my staff.
If she calls you again, I suggest you tell her to present her
attorney with such questions .
�Ir"ail Hutton
City Attorney
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December 13, 1990
To: Gail Hutton, City Attorney
RE: Res, 6211 - Council :Meeting December 17
He will be present to speak per tel:ephone message below,
TO DATE TIME
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REQUEST FOR CITY COUNCIL ACTIO
/g
Date September 17, 1990
Submitted to: Honorable Mayor and City Council
Submitted by: Michael T. Uberuaga, City Administrator
Prepared by: Robert J. Franz, Deputy City Administrat
g YC -
Property Acquisition - Ellis Widening 9- 19
Subject: P Y q g - �
Wr . LERK
Consistent with Council Policy? [XJ Yes [ ] New Policy or Exception a/
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments:
Statement of Issue: The process,of acquiring seven (7) lots on the south side of Ellis Avenue for street
widening purposes is to the point where immediate possession of the property is required. A
Resolution for Need and Necessity, approved by the City Council, is required for the City's
acquisition of this property by condemnation.
Recommendation: After allowing input from property owners and following the statutory procedure
provided by the City Attorney, approve the Resolution of Need and Necessity and authorize the Mayor
and City Clerk to execute same.
Analysis: The widening and raising, for flood control purposes, of the south side of Ellis Avenue will
effect twelve (12) lots in the Fairview Tract. The City has owned three (3) of these lots for more
than ten (10) years. The City has recently closed escrow on two (2) lots at the appraisal value of
$10,000 each as part of the present right-of-way acquisition. The owners of the remaining seven (7)
lots have been presented offers and sent final offer letters. There has been no acceptance of the
City's offer of $10,000 per lot by the remaining owners. The next step in the acquisition process is the
Request for the Resolution of Need and Necessity.
Funding: Mello-Roos Special Tax District
Alternative Action: Do not approve the Resolution and leave street unimproved.
Attachments:
1. Proposed Resolution
2. Plat Maps
0037U
PIO 5/85
,AN KING ZONING DM 38
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NO. 132/0 JJI V
4 50 5/ 5 5 54 55 561 571 58 591 60
35
NOTE - ASSESSOR'S BLOCK & J ASSESSOR'S MAP
PARCEL NUMBERS BOOK 159 PAGE 39
SHOWN IN CIRCLES COUNTY OF ORANGE
OFFICE OF
INS CITY ATTORNEY
Y - f
P.O.BOX 2740
"TT 2000 MAIN STREET
HUNTINGTON BEACH
CALIFORNIA 92647
GAIL HUTTON TELEPHONE
City Attorney (714)5364WS
August 22, 1990
Barbara Harmon
634 South Orchard Drive
Burbank, California 91506
Dear Madam:
On September 17, 1990, at 7 : 00 p .m. in the Council Chambers at 2000
Main Street, Huntington Bech, California 92648, the Huntington Beach
City Council intends to adopt a "resolution of necessity" as such is
described in California Code of Civil Procedure S 1245 . 230 .
This resolution will evidence the intention of the City of
Huntington Beach to acquire the real property commonly known as
A.P.N. 159-393-09 .
Your name and address appear on the last County of Orange equalized
easement roll as owner of the interest in real property to be
acquired. Please take ntice you have a right to appear and be heard
on the following matters :
a) Is there a public interest in and necessity for the City
of Huntington Beach to acquire the stated interest in the
property?
b) Is the project planned or located in a manner that will be
most compatible with the greatest public good and the
least private injury?
c) Is the interest to be acquired necessary for the project?
Your right to appear and be heard will be waived by your failure to
file with the City a written request to appear and be heard within
fifteen (15) days from the date shown on the postmark of this
letter, which is the date of mailing .
Yours very truly,
GAIL HUTTON
City Attorney
OFFICE OF
INS'°'ef CITY ATTORNEY
Y �
�? toe M1 P.O.BOX 2740
�f rr ���� 2000 MAIN STREET
HUNTINGTON BEACH
CALIFORNIA 92647
GAIL HUTTON TELEPHONE
CRY Attorney (714)536.6555
August 22, 1990
Elmer Olson and Margaret Lindsey
10681 Beverly Drive
Huntington Beach, California 92649
Dear Sir and Madam:
On September 17, 1990, at 7 : 00 p .m. in the Council Chambers at 2000
Main Street, Huntington Bech, California 92648 , the Huntington Beach
City Council intends to adopt a "resolution of necessity" as such is
described in California Code of Civil Procedure S 1245 . 230 .
This resolution will evidence the intention of the City of
Huntington Beach to acquire the real property commonly known as
A.P.N. 159-393-04 .
Your name and address appear on the last County of Orange equalized
easement roll as owner of the interest in real property to be
acquired. Please take ntice you have a right to appear and be heard
on the following matters :
a) Is there a public interest in and necessity for the City
of Huntington Beach to acquire the stated interest in the
property?
b) Is the project planned or located in a manner that will be
most compatible with the greatest public good and the
least private injury?
c) Is the interest to be acquired necessary for the project?
Your right to appear and be heard will be waived by your failure to
file with the City a written request to appear and be heard within
fifteen (15) days from the date shown on the postmark of this
letter, which is the date of mailing .
Yours very truly,
GAIL HUTTON
City Attorney
OFFICE OF
a�"°_" CITY ATTORNEY
P.O.BOX 2740
2000 MAIN STREET
HUNTINGTON BEACH
CALIFORNIA 92647
GAIL HUTTON TELEPHONE
City Attorney (714)536-MS
August 22 , 1990
Fred W. Wooding
P. 0. Box 5255
Chula Vista, California 92012
Dear Sir :
On September 17, 1990 , at 7 : 00 p .m. in the Council Chambers at 2000
Main Street, Huntington Bech, California 92648, the Huntington Beach
City Council intends to adopt a "resolution of necessity" as such is
described in California Code of Civil Procedure § 1245 . 230 .
This resolution will evidence the intention of the City of
Huntington Beach to acquire the real property commonly known as
A.P.N. 159-393-03 .
Your name and address appear on the last County of Orange equalized
easement roll as owner of the interest in real property to be
acquired. Please take ntice you have a right to appear and be heard
on the following matters :
a) Is there a public interest in and necessity for the City
of Huntington Beach to acquire the stated interest in the
property?
b) Is the project planned or located in a manner that will be
most compatible with the greatest public good and the
least private injury?
c) Is the interest to be acquired necessary for the project?
Your right to appear and be heard will be waived by your failure to
file with the City a written request to appear and be heard within
fifteen (15) days from the date shown on the postmark of this
letter, which is the date of mailing .
Yours very truly,
zjo-� dle-t�
GAIL HUTTON
City Attorney
1�(116T0y OFFICE OF
eF CITY ATTORNEY
� - s
P.O.BOX 2740
2000 MAIN STREET
HUNTINGTON BEACH
CALIFORNIA 92647
GAIL HUTTON TELEPHONE
City Attorney (714)536.5555
August 22, 1990
Randi Fjaeran
P. 0. Box 1097
Carlsbad, California 92009
Dear Sir or Madam:
On September 17, 1990 , at 7 : 00 p.m. in the Council Chambers at 2000
Main Street, Huntington Bech, California 92648, the Huntington Beach
City Council intends to adopt a "resolution of necessity" as such is
described in California Code of Civil Procedure § 1245 .230 .
This resolution will evidence the intention of the City of
Huntington Beach to acquire the real property commonly known as
A.P.N. 159-393-02, 07, 10 .
Your name and address appear on the last County of Orange equalized
easement roll as owner of the interest in real property to be
acquired. Please take ntice you have a right to appear and be heard
on the following matters :
a) Is there a public interest in and necessity for the City
of Huntington Beach to acquire the stated interest in the
property?
b) Is the project planned or located in a manner that will be
most compatible with the greatest public good and the
least private injury?
c) Is the interest to be acquired necessary for the project?
Your right to appear and be heard will be waived by your failure to
file with the City a written request to appear and be heard within
fifteen ( 15) days from the date shown on the postmark of this
letter, which is the date of mailing.
Yours very truly,
GAIL HUTTON
City Attorney
C
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61
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634 So. Orchard Dr.
Burbank, Calif. 91506
(818)843-5472
August 4, 1990
Gail Hutton,
City Attorney, City of Huntington Beach
Dear Ms. Hutton:
I am filing this form with you in writing so that I will retain all my rights to
be heard and express my interests in my property, A.P.N. 159-393-09, for Sep-
tember 17, 1990, and in the future.
I am the granddaughter of the original owner, Louis Brown, who acquired this
lot as a premium with a set of Encyclopedia Americana. I still have my en-
cyclopedias. My family and I have always paid our taxes, which are currently
assessed on a valuation of $13,077. This is a matter of public record. I think
it is also commonly understood that land is actually taxed below it's actual
value. I do not wish to sell my grandfather's land for a mere $10,000.
Yours truly,
Barbara Harmon
RECEIVED
�� 1[� CITY OF HUNTINGTON BEACH CITY CLERK
CITY OF
INTER-DEPARTMENT COMMUNICATION R-FACH,CALIF.
HUNTINGTON BEACH SEP 13
9 ar rH '90
To CONNIE BROCKWAY From GAIL HUTTON
City Clerk City Attorney
Subject Request to Appear at Hearing Date September 11, 1990
on Need and Necessity by
Ms . Randi Fjaeran
I have received a telephonic communication from Ms . Randi Fjaeran,
P.O. Box 1097, Carlsbad, California 92008, telephone number
(619) 729-0433 . Ms . Fjaeran intends to appear at the September 17,
1990, City Council meeting to contest the Resolution of Need and
Necessity scheduled for that meeting.
GAIL HUTTON
City Attorney
GH/rj 1
cc: Lou Sandoval, Director of Public Works
Dan Brennan, Real Property Manager
Paul D'Alessandro, Deputy City Attorney
000.