Loading...
HomeMy WebLinkAboutSpecially Noticed Hearing - Goldenwest Street right-of-Way W ow�,, 4nom P.,-A P N&f Council/Agency Meeting Held:,. .a-�.2�9 8 65o.So (Jew �.,- a IV 4,1 Deferred/Continued to: Ap roved ❑ Con itionally A prove ❑ Denied Aaf"tj City ClerkZ9 Signature Council Meeting Date: February 2, 199898-I Q8'9 Department ID Number: AS 98-004 cn CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMB S SUBMITTED BY: RAY SILVER, City AdministratorQAP PREPARED BY: ROBERT J. FRANZ, Deputy City Administrat SUBJECT: APPROVE GOLDENWEST RIGHT-OF-WAY WIDENI G INT REST AND. NECESSITY ��solu' loy► /1,Jos. 98 g, 98. 9, 98-ia 98-11, 0q.1 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Under the terms of the;Holly-Seacliff Development Agreement,dated April 11, 1991, it is the City's responsibility to acquire the public right-of-way for all street widening within the project. The final parcels necessary for the Goldenwest Street right-of- way widening between Ellis Avenue and Clay Street .need to be acquired. Construction planning has progressed to the point where possession is now necessary. A Resolution for Interest and Necessity, approved by the City Council, is needed for the City's acquisition of portions of certain (herein listed) parcels by condemnation. Funding Source: Acquisition costs are to be paid by the developer (PLC Land Company). No City funds are required. Recommended Action: After following the statutory ' 'procedure ` provided by the City Attorney, approve the Resolutions and authorize the Mayor and City Clerk to execute same. Alternative Action(s): Do not adopt Resolution of Necessity at this time. Analysis: The widening of Goldenwest Street right-of-way is an integral part of the implementing of the Holly-Seacliff Development Plan from Ellis Avenue to Clay Street. The precise street alignment of Goldenwest Street was approved by the City Council on December 16, 1991 by Ordinance #3217. The City of Huntington Beach and Seacliff Partners have acquired all the properties necessary for this widening with the exception of those portions of property necessary for this right-of-way widening as shown on the list attached. 'QUEST FOR COUNCIL AC', A MEETING DATE: February 2, 1998 DEPARTMENT ID NUMBER: AS 98-004 The Real Estate Services Division, together with outside legal services Rutan and Tucker, has actively been negotiating with the owners of parcels. We have mailed, to each owner, the City's last and final offer (a sample of this letter is attached). The next step in the acquisition process is the request for Resolution of Need and Necessity. Construction on this widening project is scheduled to begin in July, 1998. Environmental Status: Not applicable. Attachment(s): City Clerk's Page Number No. Description 1. Map of Area 2. Appraisal Summary 3. Resolutions (with backup material) RCA Author: P. Larkin 0029668.01 -2- 01/26/98 4:46 PM 1 , • • ATTACHMENT #2 ATTACHMENT 2 APPRAISAL SUMMARY - GOLDENWEST PROPERTIES Summary of Just Compensation ,. Area To Be-Aqui ed Value Constr r _Owner Parcel # a{Sq Wit.) Land Improvement Easement ;. Remed Net Landis 110-210-01 1,425 $22,800 0 3600 <3,755> $ 12,645 Spelts, ETAL 110-210-07 1,100 $17,600 0 528 0 18,000 Ghodooshim 110-211- 5,625 $39,150 0 1,175 <13,775> 26,570 01,04,05 S&C. Oil Co. 111-120-01 3,288 $52,608 14,804 1,578 <38,980> 30,010 Weir Oil Co 111-120-28 11,508 195,776 0 4,140 <47,060> 152,856 0029897.01 01/22/98 10:18 AM ATTACHMENT #3 ATTACHMENT # 1 III A\ II � �I [Ell V ST \ ELLIE AV 4 1 j LANDIS SQE�TS i c GHODOOSNIM SC.OIL `./FIR Alr AV --J Fm I I L D GA E AV AI1 1 inch =500 feet January 22, 19% Golden West St/Ernest Av Vicinity � t ` RESOLUTION NO. 9 8-8 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THE PUBLIC INTEREST AND NECESSITY OF ACQUISITION OF PORTIONS OF PROPERTY LOCATED ON GOLDENWEST STREET IN THE CITY OF HUNTINGTON BEACH, CALIFORNIA, IDENTIFIED AS ASSESSOR'S PARCEL NO. 110-210-01 FOR THE PURPOSES OF CONDUCTING ROADWAY IMPROVEMENTS WHEREAS, the City of Huntington Beach is authorized under the provisions of its charter and under the provisions of Sections 37350.5 and 40404 of the California Government Code to acquire property by eminent domain for public purposes, and specifically for street improvements; and The City of Huntington Beach has been investigating the acquisition of various interests in property, including a fee interest in certain property on Goldenwest Street, identified as Assessor Parcel No. 110-210-01. The "Project" for the purposes of this acquisition consists of the widening and improving of Goldenwest Street; and On February 2, 1998, after no less than 15 days written notice to the record owners of the property referenced above and more specifically described in the legal descriptions ' attached hereto as Exhibits "A" and "B", respectively, ("Property") which are incorporated herein by reference, the City Council of Huntington Beach held a hearing for the purpose of allowing the record owners of the property a reasonable opportunity to appear and be heard on the following matters: (a) Whether the public interest and necessity require the project; (b) Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; (c) Whether the property proposed to be acquired is necessary for the project; and (d) Whether the offer required by Government Code Section 7267.2 had been given; and On that same date, the owners of the Property were also given a reasonable opportunity to appear and be heard on whether the City has met the procedural prerequisites to the exercise of eminent domain; and The City Council, as a result of such hearing, has determined that the public health, safety, and welfare require that the City acquire various interests in the Property more 159/003821-0017/3131873.1 a01/22/98 -1- 14 9R S particularly described herein ("Property"), for the purposes of widening and improving Goldenwest Street; and I, The Project for which the Property to be acquired is sought has previously been reviewed under applicable environmental review procedures, including Environmental Impact Report No. 89-1, approved January 8, 1990; and NOW, THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, HEREBY DOES FIND, DETERMINE, AND DECLARE BASED UPON EVIDENCE PRESENTED TO IT AS FOLLOWS: Section 1. The property to be acquired is located within the City of Huntington Beach, County of Orange, State of California, and is located on Goldenwest Street, and otherwise identified as Assessor's Parcel No. 110-210-01. The Property the City seeks to acquire, and the Property interests sought, consist of the following: A. For the property more specifically described in Exhibit "A" hereto, an easement more specifically described as follows: An exclusive, perpetual easement for the purposes of constructing, placing, maintaining, and operating a public right of way and/or public utility facilities thereon, including all rights of surface access and use consistent with the use as a public right-of-way. B. For the property more specifically described in Exhibit "B" hereto, a temporary construction easement more specifically described as follows: A temporary construction easement for City of Huntington Beach ("City"), and its officers, agents, employees and contractors, to enter upon, occupy, and pass over the temporary construction easement area more specifically described in the legal description attached hereto, as deemed reasonably necessary for all purposes incidental to reconstructing and.widening Goldenwest Street ("Project") in accordance with street improvement plans approved by City for the Project. Such incidental purposes shall include, but not be limited to, adjusting grade differentials between the planned street and the adjoining real property and/or meeting or matching existing concrete and/or asphalt paved areas, and/or natural grade areas, constructing sidewalks, or such work as may pertain to on-site improvements. This temporary construction easement shall also include the right to perform any necessary excavation, grading, earth fill, compaction, installation of concrete forms, utility, fence and sign relocation, private drainage facilities, all such necessary 159/003821-0017/3131873.1 a01/22/98 -2- 9�-s activities which are reasonably incidental to the work being performed on said property in connection with the Project. The rights granted hereunder shall commence 2 days after notification to the property owner and shall continue in full force and effect until 12 months after notice, but in no event shall continue past May 1, 1998. Upon termination of this temporary construction easement, the temporary construction easement area shall be restored to a condition that is reasonably equivalent to its condition prior to the commencement of the work. This temporary construction easement shall not include the right to store any materials or park any vehicles which are not incidental to the work to be performed on site in connection with the Project, or to block all vehicular access to the larger parcel of property of which this temporary construction easement is part. In connection with the exercise of this temporary construction easement rights hereunder, City shall protect and preserve all structures on the temporary construction easement area in place, and shall protect or restore all improvements thereon to a condition that is reasonably equivalent to its condition prior to the commencement of the work. Section 2. The public interest and necessity require the Project, in that the City's General Plan, and specifically the Circulation Element, calls for the expansion of Goldenwest Street in the manner contemplated by the Project. In addition, the Goldenwest Street widening is designed to relieve traffic congestion and increase the capacity of the street, which will require continuity in the roadway alignment and traffic handling capacity of the street. Section 3. The Project is located in a manner most compatible with-the greatest public good and least private injury, in that the design of the roadway widening must of necessity occupy land which is immediately adjacent to the existing roadway, in order to maintain the continuity of the alignment of the road for all users. The Project is designed in a manner compatible with the greatest public good, in that the Project will involve road widening which will enhance the utility of the area by improving traffic safety and circulation for all those travelling on Goldenwest Street. The Project will result in the least private injury in that, where possible consistent with safe roadway design restrictions, the property chosen for potential acquisition was done so to minimize the number of property owners affected, and to avoid impacts to residential properties. Section 4. The property to be acquired is necessary for the Project, in that the roadway widening must occur on property immediately adjacent to the existing roadway. 159/003821-0017/3131873.1 a01/22/98 —3— 9'r_� Section 5. The offer required by Government Code Section 7267.2 has been made to the record owners, by way of letter dated December 8, 1997. Staff has attempted to negotiate with the record owners subsequent to this offer, but such negotiations have not proved successful in securing the necessary property interests outside of more formal proceedings. Section 6. To the extent any of the property to be taken herein is devoted to a public use, the City finds that the proposed use for the Project is compatible with, or more necessary to, such public use, and that the City is authorized to acquire the Property pursuant to Code of Civil Procedure § § 1240.510 and 1240.610. Section 7. The Project has been reviewed and approved under the California Environmental Quality Act by way of certification of Environmental Impact Report No. 89-1, approved January 8, 1990, and the City Council finds and determines that since the time of that certification there have been no subsequent changes with respect to the circumstances under which the Project is to be undertaken, no new information of substantial importance regarding significant effects or mitigation measures or alternative which has become available, and no subsequent changes have been proposed in the Project which would require important revisions to the-previous environmental impact reports, such that no further environmental review attending this proposed acquisition is necessary. Section 8. The City Council-hereby declares it is its intent to acquire the full fee interest in the above-referenced property in the City's name in accordance with the provisions of the laws of the State of California. Section 9. The City Attorney in conjunction with the law firm of Rutan & Tucker is hereby authorized and directed to prepare, institute, and prosecute in the name of the City such proceedings, in the Court having proper jurisdiction thereof, as may be necessary for the acquisition of the fee interest to such property. Said counsel are also authorized and directed to obtain any necessary order of the Court granting the City the right of prejudgment and immediate possession and occupancy of the property. 159/003821-0017/3131873.1 a01/22/98 —4— PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2nd day of February, 1998. Mayor ATTEST: APPROVED AS TO FORM: 000 • gel , City Clerk C 06 REVIEWED AND APPROVED: INITIATED AND APPROVED: City Admi 'strator Director of is Works 159/003821-0017/3131873.1 a01/22/98 -5- EXHIBIT "A" LEGAL DESCRIPTION FOR ROAD PURPOSES A.P. NO. 110-210-01 BEING THAT PORTION OF THE NORTH ONE-HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE RANCHO LAS BOLSAS, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA$ AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY LYING EASTERLY OF A LINE PARALLEL WITH, AND 55.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE EAST LINE OF SAID SOUTHEAST QUARTER OF SECTION 34. TOGETHER WITH THAT PORTION OF SAID NORTH ONE-HALF LYING NORTHEASTERLY OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 34.00 FEET, SAID CURVE BEING TANGENT ON THE NORTH TO A LINE PARALLEL WITH AND 50.00 FEET SOUTH OF THE NORTH LINE OF SAID SOUTHEAST QUARTER, AND TANGENT ON THE EAST TO SAID PARALLEL LINE 55.00 FEET WEST OF SAID EAST LINE OF SAID SOUTHEAST QUARTER. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE EASEMENT FOR ROADS PURPOSES RECORDED IN BOOK 12060, PAGE 734, OFFICIAL RECORDS. CONTAINING AN AREA OF 1428 SQUARE FEET, MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PERT HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHT-OF- WAY, EASEMENTS AND LEASES OF RECORD, IF ANY. f:? co J ` 9102 EXP.� �`rl9 CIVIC-,cOS EXHIBIT "A" kDEN & LEGAL DESCRIPTION SOCIATES FOR ROAD PURPOSES A.P. NO. 110-216-01 CIVIL ENGINEERS—PLANNERS—LAND SURVEYORS W.O. No. 0879-273-8 Date 11 15 93 18012 COWAN.SUITE 210 • 1RVINE,CA 92714 En D.C. Chk. D.W. Sheet 1 of 2 714/660-0110 FAX:660-0418 gr• EXHIBIT "B" � NE GOR., SE 114, 5EG. 34 ELLIS AVENUE 0 to R-32 1 EASEMENT FOR ROAD R=34' PURPOSES, PER BOOK 12000, PAGE 734, O.R. "Jx C'.. .`;L 4J • A : �-a� 5 ' r' • 50 30, 25' EAST LINE OF SE 1/4, SEC. 34, T. 5 5., R. 11 W., 5.B.B.M. 25' 30' all LEGEND. I INDICA TE5 AREA ® DESCRIBED HEREIN w = SCALE: 1'=100' EXl-f1BIT 'B' wLDEN & SKETCH TO ACCOMPANY A LEGAL DESCRIPTION ON FOR ROAD PURPOSES AP. NO. 110-210-01 18012 COWAN, SUITE 210, IRVINE. CA 92714 W.O. No. 087q-273-8 Date Oq/2q/g3 (714) 660-0110 FAX: 680-0418 - En9r. D.C. Chk. D.W. Sheep—Of 2 EXHIBIT "A" LEGAL DESCRIPTION . FOR TEMPORARY CONSTRUCTION EASEMENT A.P. NO. 110-210-01 BEING THAT PORTION OF THE NORTH ONE-HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF . THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE RANCHO LAS BOLSAS, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND, 15.00 FEET WIDE LYING WESTERLY OF A LINE PARALLEL WITH, AND 55.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE EAST LINE OF SAID SOUTHEAST QUARTER OF SECTION 34. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE EASEMENT FOR ROAD PURPOSES RECORDED IN BOOK 12060, PAGE 734, OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION LYING SOUTHERLY AND WESTERLY OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 32.00 FEET, SAID CURVE BEING TANGENT ON THE NORTH TO A LINE PARALLEL WITH AND 50.00 FEET SOUTH OF THE NORTH LINE OF SAID SOUTHEAST QUARTER, AND TANGENT ON THE EAST TO SAID PARALLEL LINE 55.00 FEET WEST OF SAID EAST LINE OF SAID SOUTHEAST QUARTER. TOGETHER WITH A STRIP OF LAND 15.00 FEET WIDE, WITHIN SAID NORTH ONE- HALF,LYING SOUTHWESTERLY OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 34.00 FEET, SAID CURVE BEING TANGENT ON THE NORTH TO A LINE PARALLEL WITH AND 50.00 FEET SOUTH OF THE NORTH LINE OF SAID SOUTHEAST QUARTER, AND TANGENT ON THE EAST TO SAID PARALLEL LINE 55.00 FEET WEST OF SAID EAST LINE OF SAID SOUTHEAST QUARTER AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE APART HEREOF. VA LDEN & EXHIBIT"A" -LEGAL DESCRIPTION SSOCIATES FOR TEMPORARY CONSTRUCTION EASEMENT A.P.NO. 110-210-01 CIVIL ENGINEERS-PLANNERS-LAND SURVEYORS W.O. No. 0879-396-1 Date 4/23/97 18012 COWAN.SURE 210 • IRVINE,CA 92714 Engr. D.C. Chk. D.W. Sheet 1 of 2 714/660-0110 FAX:660-0418 EXHIBIT B W GOR., 5E 1/4, ' 5rG. 34 ELL15 AVENUE o R-34' R=32� EASEMENT FOR ROAD PURPOSES, PER BOOK 12060, PAGE 734, O.R. 55,a ' Q`• 30' 25' EAST 111E OF SE 1/4, SEC. 34, T. 5 5., R. 11 W., S B.B.M. • 25' �h���� . . CO 30 'v. ac . ® INDICATES AREA DESCRIBED HEREIN 5GAM 1'=100' EXHIBIT v u w B* LDEN & SKETCH TO ACCOMPANY A•LEGAL DESCRIPTIONSS0CIATES FOR TEMPORARY CON5TRUGTION EASEhI V210-01 18012 COWAN. SUITE 210, IRVINE, CA 92714 W.O. Na•.087q-3%-1 Date 4/23/g7 (714) 680-0110 FAX: 660-0418 r--- n r. r.Ll. nut - -- ^ Res.No. 98-8 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 2nd day of February, 1998 by the following vote: AYES: Julien, Harman, Green,Dettloff, Sullivan, Garofalo NOES: None ABSENT: Bauer City Clerk and ex-officio Clerk o the City Council of the City of Huntington Beach, California G/resclutUresbkpg/97-80 r o NOTICE OF INTENTION TO ADOPT A RESOLUTION OF NECESSITY FOR ACQUISITION OF CERTAIN REAL PROPERTY LOCATED ON GOLDENWEST STREET, ASSESSOR PARCEL NO. 110-210-01 VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED TO: WILLIAM LANDIS 1901 Avenue of the Stars, Suite 1060 Los Angeles, California This notice is sent to you by mail under requirements of California Code of Civil Procedure Section 1245.235. This notice concerns the property located on Goldenwest Street, in the City of Huntington Beach. The City of Huntington Beach ("City") has been investigating the acquisition of this property for accommodation of a roadway widening improvement project ("project"). You were previously contacted by an appraiser retained by the City, and given an opportunity to accompany the appraiser on an inspection of the property. California Eminent Domain Law provides that the power of eminent 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; E. Whether the City has met all other legal prerequisites to the exercise of eminent domain to acquire the property. This notice is sent to inform you that the City Council will be asked to decide if the above conditions are met concerning the City's acquisition of the above-referenced property as described above. This meeting will be at or about 7:00 p.m., on February 2, 1998, 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. For your information and convenience, a description of the property is attached to this notice. If you would like further information regarding the project, please contact Mr. Paul Larkin at (714) 536-5445. 159/003821-0017/3131490. a01/06/98 i' Please be advised that you or your representatives are entitled to appear and be heard on any of the matters encompassed within the resolution, specifically those matters listed above, and whether the City has the legal right and has followed the procedures required to acquire the property by eminent domain. 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 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, including any challenge to the City's exercise of eminent domain to acquire the property, you may be limited in court to raising only those issues raised at the resolution of necessity hearing, or in written correspondence delivered to the City at, or prior to, the hearing on the matter. The City must adopt a resolution of necessity before an eminent domain proceeding can commence. Within six (6) months after the adoption of a resolution of necessity, the City may commence eminent domain proceedings in the Orange County Superior Court. In any such proceeding, the court will be asked to determine the amount of just compensation to which you may be entitled in the event the property is taken in eminent domain. Neither the pendency of the City's consideration of the resolution of necessity, nor the initiation of formal eminent domain proceedings, in any way prevents further negotiations from occurring for the acquisition of your property,and the City will be most willing to continue such negotiations. If you have any comments or questions, please do not hesitate to contact Mr. Paul Larkin at (714) 536-5445. Thank you for your cooperation in this matter. Dated: January 6, 1998 Very truly yours, CITY OF HUNTINGTON BEACH By: 0� David B. Cosgrov ", Esq. Special Counsel for the City of Huntington Beach 159/003821-0017/3131490. a01/06/98 LAW OFFICES OF WILLIAM LANDIS "' 1901 AVENUE OF THE STARS I, f' SUITE 570 • CENTURY CITY LOS ANCELES,CALIFORNIA 90067-6099 (310) 277-3322 • z77-aa22 FAX (310) 277-1745 December 10, 1997 City of Huntington Beach 2000 Main Street Huntington Beach, CA. 92648 Attn: Dan M. Brennan Director Real Estate Services Re: Goldenwest Right-of-Way Project CC-107 AP#110-210-01 Dear Mr. Brennan: I am in receipt of your letter dated December 8, 1997 with regard to the above matter. Your appraisal valuation- of $26,400.00 is acceptable, however, the cost of remediation that isset forth therein in the sum of $13,755.00 is not. I am enclosing a copy of my contract with Standard Oil Company dated October 15, 1971. This contract relates to the valve box and connecting pipe lines. There can be no contamination emanating from this property other than that caused by these Standard Oil facilities. Therefor, if you wish to be reimbursed for this remediation, and you resort to a court proceeding, that. you name Standard Oil Company as a Defendant therein. As I stated above, I will accept your valuation and will execute all documents to reflect your acquisition of the Right-of Way, As set forth in the contract, Standard Oil Company will assume all costs involved. Your attention to this request is appreciated. Very truly yours, WILLIAM LANDIS WL/ls encls. Chevron Standard Oil Company of California, Western Operations, Inc. 225 Bush Street, San Francisco, CA 9 94104 Land Department September 20, 1971 The Southwest Corner of Golden West Street and Ellis Avenue Huntington Beach, California Mr. William Landis 1180 South Beverly Drive Los Angeles, CA 90035 Dear Mr. Landis: You have advised this office of your ownership of property described as the North Half of the Northeast Quarter of the Northeast Quarter of the Southeast Quarter of Section 34, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as per map recorded in Book 51, Page 13 of Miscellaneous Maps, Records of Orange County, California. Within said properties, Standard Oil Company maintains a valve box and connecting pipes which service oil being purchased by Standard. By letter dated July 19, 1971, you advised Standard that we were utilizing the valve box to service other property not provided for in our Crude Oil Purchase Contract dated January 1, 1961, a copy of which has been furnished to you,and because of this, you wanted the valve box either removed or Standard pay rental for the expanded use of said valve box. In order to maintain the valve box as it now exists, Standard agrees to pay you a yearly rental of $100.00. Said rental to commence August 1, 1971 and shall continue so long as Standard obtains oil by virtue of said Crude Oil Contract, dated January 1, 1961. Standard also agrees that in the event said valve. box is required to be relocated or lowered, due to the improvement of Golden West Street, Standard will assume all cost in- volved or, if Standard so chooses, they may remove said valve box and thereupon this agreement shall terminate.. If the foregoing meets with your approval, please indicate your acceptance thereof by signing and returning the duplicate copy of this letter. Very truly yours, STANDARD OIL C MP F CALIFORNIA ACCEPTED AND AGREED TO: This is a'day of � � , By 1971. Manager, ea Estate gn o , Land Department, Standard Oil Company of Bye-� �_.wd� California, Western Operations, Inc., a WILLIAM LANDIS division of said. Corporation •' LAW OFFICES OF WILLIAM LANDIS 1901 AVENUE OF THE STARS SUITE 1050 •CENTURY CITY LOS ANGELES.CALIFORNIA 90067 (310)277-3322 277-4422 TO CHEVRON U.S.A. DATE July 20, 1994 P.O. Box 1635 Houston, TX 77251-9910 SUBJECT R/W Lease 31031-M Valve Box .Attn: Yolanda Garcia Room 328 Lease No. 004850 Land Lease Data Chevron 'lower Room 328 Dear Ms. Garcia: Pursuant to the terms of ,the above lease, this is to give you notice that improvements are being made on said property. You are to remove your valve box or relocate to another area. Your attention to this matter is appreciated. The enclosed rental check is returned herewith. Ver truly yours, WILLIAM LANDIS WL/ls encls. July 30, 1996 Dear Ms. Garcia: The intersection of Goldenwest & Ellis is being improved this year. Street widening plans have been ordered and we are again insisting that you remove your valve box pursuant to our letter agreement. We shall take immediate action if this contract is not implemented. Ver truly yours, WI-LLIAM LANDIS WL/ls • Chevron Chevron U.S.A. Inc. P.O.Box 606,La Habra,CA 90631 -Phone(3.VkXX(714) 694-7662 August 8, 1994 Valve Box SW Corner Golden West at Ellis City of Huntington Beach, CA File No. 94-E-55 Mr. William Landis 1901 Avenue of the Stars, Ste. 1060 Los Angeles, CA 90067 Dear Mr. Landis: This is to acknowledge your letter dated July 20, 1994 concerning a certain lease for a valve box at subject location in Huntington Beach. We are looking into this matter with respect to your letter. Once we determine whether improvements to Golden West Street will affect this box and look at a couple of other things, we will have enough information to reply. We appreciate your concerns and your past cooperation with us with regard to the matter of our valve box and we will be in contact as soon as possible. Very truly yours, &7�X4 Eileen Enright EE RESOLUTION NO. 9 8-9 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THE PUBLIC INTEREST AND NECESSITY OF ACQUISITION OF PORTIONS OF PROPERTY LOCATED ON GOLDENWEST STREET IN THE CITY OF HUNTINGTON BEACH, CALIFORNIA, IDENTIFIED AS ASSESSOR'S PARCEL NO. 110-210-07 FOR THE PURPOSES OF CONDUCTING ROADWAY IMPROVEMENTS WHEREAS, the City of Huntington Beach is authorized under the provisions of its charter and under the provisions of Sections 37350.5 and 40404 of the California Government Code to acquire property by eminent domain for public purposes, and specifically for street improvements; and The City of Huntington Beach has been investigating the acquisition of various interests in property, including a fee interest in certain property on Goldenwest Street, identified as Assessor Parcel No. 110-210-07. • The "Project" for the purposes of this acquisition consists of the widening and improving of Goldenwest Street; and On February 2, 1998, after no less than 15 days written notice to the record owners of the property referenced above and more specifically described in the legal descriptions attached hereto as Exhibits "A" and "B", respectively, ("Property") which are incorporated herein by reference, the City Council of Huntington Beach held a hearing for the purpose of allowing the record owners of the property a reasonable opportunity to appear and be heard on the following matters: (a) Whether the public interest and necessity require the project; (b) Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; (c) Whether the property proposed to be acquired is necessary for the project; and (d) Whether'the offer required by Government Code Section 7267.2 had been given; and On that same date, the owners of the Property were also given a reasonable opportunity to appear and be heard on whether the City has met the procedural prerequisites to the exercise of eminent domain; and The City Council, as a result of such hearing, has determined that the public health, safety, and welfare require that the City acquire various interests in the Property more 159/003821-0017/3131879.1 a01/22/98 -1- i particularly described herein ("Property"), for the purposes of widening and improving Goldenwest Street; and The Project for which the Property to be acquired is sought has previously been reviewed under applicable environmental review procedures, including Environmental Impact Report No. 89-1, approved January 8, 1990; and NOW, THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, HEREBY DOES FIND, DETERMINE, AND DECLARE BASED UPON EVIDENCE PRESENTED TO IT AS FOLLOWS: Section 1. The property to be acquired is located within the City of Huntington Beach, County of Orange, State of California, and is located on Goldenwest Street, and otherwise identified as Assessor's Parcel No. 110-210-07. The Property the City seeks to acquire, and the Property interests sought, consist of the following: A. For the property more specifically described in Exhibit "A" hereto, an easement more specifically described as follows: An exclusive, perpetual easement for the purposes of constructing, placing, maintaining, and operating a public right of way and/or public utility facilities thereon, including all rights of surface access and use consistent with the use as a public right-of-way. B. For the property more specifically described in Exhibit " " hereto, a temporary construction easement more specifically described as follows: A temporary construction easement for City of Huntington Beach ("City"), and its officers, agents, employees and contractors, to enter upon, occupy, and pass over the temporary construction easement area more specifically described in the legal description attached hereto, as deemed reasonably necessary for all purposes incidental to reconstructing and widening Goldenwest Street ("Project") in accordance with street improvement plans approved by City for the Project. Such incidental purposes shall include, but not be limited to, adjusting grade differentials between the planned street and the adjoining real property and/or meeting or matching existing concrete and/or asphalt paved areas, and/or natural grade areas, constructing sidewalks, or such work as may pertain to on-site improvements. This temporary construction easement shall also include the.right to perform any necessary excavation, grading, earth fill, compaction, installation of concrete forms, utility, fence and sign relocation, private drainage facilities, all such necessary 159/003821-001713131879.1 901/22/98 -2- activities which are reasonably incidental to the work being performed on said property in connection with the Project. The rights granted hereunder shall commence 2 days after notification to the property owner and shall continue in full force and effect until 12 months after notice, but in no event shall continue past May 1, 1998. Upon termination of this temporary construction easement, the temporary construction easement area shall be restored to a condition that is reasonably equivalent to its condition prior to the commencement of the work. This temporary construction easement shall not include the right to store any materials or park any vehicles which are not incidental to the work to be performed on site in connection with the Project, or to block all vehicular access to the larger parcel of property of which this temporary construction easement is part. In connection with the exercise of this temporary construction easement rights hereunder, City shall protect and preserve all structures on the temporary construction easement area in place, and-shall protect or restore all improvements thereon to a condition that is reasonably equivalent to its condition prior to the commencement of the work. Section 2. The public interest and necessity require the Project, in that the City's General Plan, and specifically the Circulation Element, calls for the expansion of Goldenwest Street in the manner contemplated by the Project. In addition, the Goldenwest Street widening is designed to relieve traffic congestion and increase the capacity of the street, which will require continuity in the roadway alignment and traffic handling capacity of the street. Section 3. The Project is located in a manner most compatible with the greatest public good and least private injury, in that the design of the roadway widening must of necessity occupy land which is immediately adjacent to the existing roadway, in order to maintain the continuity of the alignment of the road for all users. The Project is designed in a manner compatible with the greatest public good, in that the Project will involve road widening which will enhance the utility of the area by improving traffic safety and circulation for all those travelling on Goldenwest Street. The Project will result in the least private injury in that, where possible consistent with safe roadway design restrictions, the property chosen for potential acquisition was done so to minimize the number of property owners affected, and to avoid impacts to residential properties. Section 4. The property to be acquired is necessary for the Project, in that the roadway widening must occur on property immediately adjacent to the existing roadway. 159/003821-0017/3131879.1 a01/22/98 -3- Section 5. The offer required by Government Code Section 7267.2 has been made to the record owners, by way of letter dated December 8, 1997. Staff has attempted to negotiate with the record owners subsequent to this offer, but such negotiations have not proved successful in securing the necessary property interests outside of more formal proceedings. Section 6. To the extent any of the property to be taken herein is devoted to a public use, the City finds that the proposed use for the Project is compatible with, or more necessary to, such public use, and.that the City is authorized to acquire the Property pursuant to Code of Civil Procedure § § 1240.510 and 1240.610. Section 7. The Project has been reviewed and approved under the California Environmental Quality Act by way of certification of Environmental Impact Report No. 89-1, approved January 8, 1990, and the City Council finds and determines that since the time of that certification there have been no subsequent changes with respect to the circumstances under which the Project is to be undertaken, no new information of substantial importance regarding significant effects or mitigation measures or alternative which has become available, and no subsequent changes have been proposed in the Project which would require important revisions to the previous environmental impact reports, such that no further environmental review attending this proposed acquisition is necessary. Section 8. The City Council hereby declares it is its intent to acquire the full fee interest in the above-referenced property in the City's name in accordance with the provisions of the laws of the State of California. Section 9. The City Attorney in conjunction with the law firm of Rutan & Tucker is hereby authorized and directed to prepare, institute, and prosecute in the name of the City such proceedings, in the Court having proper jurisdiction thereof, as may be necessary for the acquisition of the fee interest to such property. Said counsel are also authorized and directed to obtain any necessary order of the Court granting the City the right of prejudgment and.immediate possession and occupancy of the property. 159/003821-0017/3131879.1 a01/22/98 -4- PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2nd day of February, 1998. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City ttorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Admi istrator Director o is Works 159/003821-0017/3131879.1 a01/22/98 -5- EXHIBIT "A" LEGAL DESCRIPTION FOR ROAD PURPOSES A.P. NO. 110-210-07 BEING THAT PORTION OF THE NORTH TWO-FIFTHS OF THE SOUTH ONE-THIRD OF THE SOUTH ONE-HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE RANCHO LAS BOLSAS, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY LYING EASTERLY OF A LINE PARALLEL WITH AND 55.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES,FROM THE EAST LINE OF SAID SOUTHEAST QUARTER OF SAID SECTION 34. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE RESERVATION FOR ROADS, ETC. CONTAINED IN THE DEED RECORDED JULY 19, 1905 IN BOOK 91, PAGE 134 OF DEEDS. CONTAINING AN AREA OF 1100 SQUARE FEET, MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATION, RESTRICTION, RIGHTS-OF- WAY EASEMENTS AND LEASES, OF RECORD IF ANY. ' ` 0. t,,Ali^7-.�- I: h ExpU_a iL � CIVIC ALDEN & EXHIBIT "A' LEGAL DESCRIPTION SSOCIATES FOR ROAD PURPOSES A.P. NO. 110-210-07 CIVIL ENGINEERS—PLANNERS—LAND SURVEYORS W.O. No. 0879-273-8 Date 11 15 93 18012 COWAN,SUITE 210 • 1RVINE. CA 92714 En D.C. Chk. D.W. Sheet 1 of 2 714166"110 FAX:660-N 18 �• EXHIBIT "B" NE COR., 5E 1/4, SEC. 34 ELL15 AVENUE 0 U) 50, 30 v ' 25' EAST LINE OF 5E 1/4, SEC. 34, T. 5 5., R. 11 W., 5.B.B.M. N EASEMENT FOR ROAD PURPOSES ( PER BOOK ql, PAGE 134, DEEDS SCALE: 1'=100' til �F h� 30 INDICATES AREA h�. lu .,��. ® DESCRIBED HEREIN 25. E1J-IIBiT 'B' kLDEN & SKETCH TO ACCOMPANY A LEGAL DESCRIPTION S S 0 CIATE S FOR ROAD PURPOSES AP. NO. 110-210-07 16012'COWAN, SUITE 210, IRVINE, CA 92714 W.O. No. O87q-273-8 Date Oq/2q/q3 (714) 660-0110 FAX: 660-0418 Enar. D.C. Chk._D.W. gY,ap+ 2 of 2 EXHIBIT t1All LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A.P.NO. 110-210-07 BEING THAT PORTION OF THE NORTH TWO-FIFTHS OF THE SOUTH ONE-THIRD OF THE SOUTH ONE-HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE RANCHO LAS BOLSAS, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND, 15.00 FEET WIDE, LYING WESTERLY OF A LINE PARALLEL LEE WITH AND 55.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE EAST LINE OF SAID SOUTHEAST QUARTER OF SAID SECTION 34. AS SHOWN ON EXHIBIT'B"ATTACHED HERETO AND MADE A PART HEREOF. kSDEN & EXHIBIT"A'-LEGAL DESCRIPTION SOCIATES FOR TEMPORARY CONSTRUCTION EASEMENT A.P.NO. 110-210-07 CIVIL ENGINEERS—PLANNERS—LAND SURVEYORS W.O.NO. 0879-396-1 Date 4/23/97 18012 COWAN,SUITE 210• IRVINE,CA 92714 Engf.D.C. Chk D.W. Sheet 1 Of 2 •714/660-0110 FAX:660.0418 R r r �I EXHIBIT "B" NE COR., SE 114, SEC. 34 _ ELL15 AVENUE 0 plx %%L �, e 0- h EAST LINE OF SE 114. SEC. 34, T. 5 5., R. 11 W., S.B.B. 1. ITT . 1— SCALE: I --100' ,��� ,l�y• 30 LEGEND INDICATES AREA p�. �� �` DESCRIBED HEREIN 15' 25, h,11U ti o , a EXHIBIT V IV*AILDEN & SKETCH TO ACCOI.B'ANY A LEGAL DESCRIPTION S S 0 CIATE S FOR TEMPORARY CONSTRUCTION EA5EMENT AP. HO. 110 210-07 18012 COWAN. SUPTE 210, IRVINE, CA 92714 W.O. NO. 0879-3q6-1 Date 41231V (714) 660-0110 FAX: 660-0418 Fnnr. D.C. Chk. D.W.-_. 4hPPt 2 Elf 2 Res. No. 98-9 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 2nd day of February, 1998 by the following vote: AYES: Julien, Harman, Green, Dettloff, Sullivan, Garofalo NOES: None ABSENT: Bauer City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California G/resoluti/resbkp@/97-80 JAN 0 9 T"8 NOTICE OF INTENTION TO ADOPT A WRAGMW RESOLUTION OF NECESSITY FOR ACQUISITION OF CERTAIN REAL PROPERTY LOCATED ON GOLDENWEST STREET, ASSESSOR PARCEL NO. 110-210-07 VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED TO: EDWARD SPELTS, ET AL. 4633 E. Van Buren Phoenix, Arizona 85008 This notice is sent to you by mail under requirements of California Code of Civil Procedure Section 1245.235. This notice concerns the property located on Goldenwest Street, in the City of Huntington Beach. The City of Huntington Beach ("City") has been investigating the acquisition of this property for accommodation of a roadway widening improvement project ("project"). You were previously contacted by.an appraiser retained by the City, and given an opportunity to accompany the appraiser on an inspection of the property. California Eminent Domain Law provides that the power of eminent 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; E. Whether the City has met all other legal prerequisites to the exercise of eminent domain to acquire the property. This notice is sent to inform you that the City Council will be asked to decide if the above conditions are met concerning the City's acquisition of the above-referenced property as described above. This meeting will be held at or about 7:00 p.m., on February 2, 1998, 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. 1591003821-0017/3131483. a01/06/98 ~ v For your information and convenience, a description of the property is attached to this notice. If you would like further information regarding the project, please contact Mr. Paul Larkin at (714) 536-5445. Please be advised that you or your representatives are entitled to appear and be heard on any of the matters encompassed within the resolution, specifically those matters listed above, and whether the City has the legal right and has followed the procedures required to acquire the property by eminent domain. 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 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, including any challenge to the City's exercise of eminent domain to acquire the property, you may be limited in court to raising only those issues raised at the resolution of necessity hearing, or in written correspondence delivered to the City at, or prior to, the hearing on the matter. The City must adopt a resolution of necessity before an eminent domain proceeding can commence. Within six (6) months after the adoption of a resolution of necessity, the City may commence eminent domain proceedings in the Orange County Superior. Court. In any such proceeding, the court will be asked to determine the amount of just compensation to which you may be entitled in the event the property is taken in eminent domain. Neither the pendency of the City's consideration of the resolution of necessity, nor the initiation of formal eminent domain proceedings, in any way prevents further negotiations from occurring for the acquisition of your property,and the City will be most willing to continue such negotiations. If you have any comments or questions, please do not hesitate to contact Mr. Paul Larkin at (714) 536-5445. Thank you for your cooperation in this matter. Dated: January 6, 1998 Very truly yours, CITY OF HUNTINGTON BEACH By: v David h. Cosgrov , Esq. Special Counsel for the City of Huntington Beach 159/003821-0017/3131493. a01/06/98 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THE PUBLIC INTEREST AND NECESSITY OF ACQUISITION OF PORTIONS OF PROPERTY LOCATED ON GOLDENWEST STREET IN THE CITY OF HUNTINGTON BEACH, CALIFORNIA, IDENTIFIED AS ASSESSOR'S PARCEL NOS. 110-211-01, 110-211-04, and 110-211-05 FOR THE PURPOSES OF CONDUCTING ROADWAY IMPROVEMENTS WHEREAS, the City of Huntington Beach is authorized under the provisions of its charter and under the provisions of Sections 37350.5 and 40404 of the California Government Code to acquire property by eminent domain for public purposes, and specifically for street improvements; and The City of Huntington Beach has been investigating the acquisition of various interests in property, including a fee interest in certain property on Goldenwest Street, identified as Assessor Parcel No. 110-211-01, 110-211-04, and -110-211-05. The "Project" for the purposes of this acquisition consists of the widening and improving of Goldenwest Street; and On February 2, 1998, after no less than 15 days written notice to the record owners of the property referenced above and more specifically described in the legal descriptions attached hereto as Exhibits "A" and "B respectively, ("Property") which are incorporated herein by reference, the City Council of Huntington Beach held a hearing for the purpose of allowing the record owners of the property a reasonable opportunity to appear and be heard on the following matters: (a) Whether the public interest and necessity require the project; (b) Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; (c) Whether the property proposed to be acquired is necessary for the project; and (d) Whether the offer required by Government Code Section 7267.2 had been given; and On that same date, the owners of the Property were also given a reasonable opportunity to appear and be heard on whether the City has met the procedural prerequisites to the exercise of eminent domain; and The City Council, as a result of such hearing, has determined that the public health, safety, and welfare require that the City acquire various interests in the Property more 159/003821-001713131582.1 a01/22/98 -1- particularly described herein ("Property"), for the purposes of widening and improving Goldenwest Street; and The Project for which the Property to be acquired is sought has previously been reviewed under applicable environmental review procedures, including Environmental Impact Report No. 89-1, approved January 8, 1990; and NOW, THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, HEREBY DOES FIND, DETERMINE, AND DECLARE BASED UPON EVIDENCE PRESENTED TO IT AS FOLLOWS: Section 1. The property to be acquired is located within the City of Huntington Beach, County of Orange, State of California,and is located on Goldenwest Street, and otherwise identified as Assessor's Parcel No. 110-211-01, 110-211-04, and 110-211-05. The Property the City seeks to acquire, and the Property interests sought, consist of the following: A. For the property more specifically described in Exhibit"A" hereto, an easement more specifically described as follows:' An exclusive, perpetual easement for the purposes of constructing, placing, maintaining, and operating a public.right of way and/or public utility facilities thereon, including all rights of surface access and use consistent with the use as a public right-of-way. B. For the property more specifically described in t_'B" hereto, a temporary construction easement more specifically described as follows: A temporary construction easement for City of Huntington Beach ("City"), and its officers, agents, employees and contractors, to enter upon, occupy, and pass over the. temporary construction easement area more specifically described in the legal description attached hereto, as deemed reasonably necessary for all purposes incidental to reconstructing and widening Goldenwest Street ("Project") in accordance with street improvement plans approved by City for the Project. Such incidental purposes shall include, but not be limited to, adjusting grade differentials between the planned street and the adjoining real property and/or meeting or matching existing concrete and/or asphalt paved areas, and/or natural grade areas, constructing sidewalks, or such work as may pertain to on-site improvements. This temporary construction easement shall also include the right to perform any necessary excavation, grading, earth fill, compaction, installation of concrete forms, utility, fence and 159/003821-0017/3131582.1 a01/22/98 -2- 5 sign relocation, private drainage facilities, all such necessary activities which are reasonably incidental to the work being performed on said property in connection with the Project. The rights granted hereunder shall commence 2 days after notification to the property owner and shall continue in full force and effect until 12 months after notice, but in no event shall continue past May 1, 1998. Upon termination of this temporary construction easement, the temporary construction easement area shall be restored to a condition that is reasonably equivalent to its condition prior to the commencement of the work. This temporary construction easement shall not include the right to store any.materials or park any vehicles which are not incidental to the work to be performed on site in connection with the Project, or to block all vehicular access to the larger parcel of property of which this temporary construction easement is part. In connection with the exercise of this temporary construction easement rights hereunder, City shall protect and preserve all structures on the temporary construction easement area in place, and shall protect or restore all improvements thereon to a condition that is reasonably equivalent to its condition prior to the commencement of the work. Section 2. The public interest and necessity require the Project, in that the City's General Plan, and specifically the Circulation Element, calls for the expansion of Goldenwest Street in the manner contemplated by the Project. In addition, the Goldenwest Street widening is designed to relieve traffic congestion and increase the capacity of the street, which will require continuity in the roadway alignment and traffic handling capacity of the street. Section 3. The Project is located in a manner most compatible with the greatest public good and least private injury, in that the design of the roadway widening must of necessity occupy land which is immediately adjacent to the existing.roadway, in order to maintain the continuity of the alignment of the road for all users. The Project is designed in a manner compatible with the greatest public good, in that the Project will involve road widening which will enhance the utility of the area by improving traffic safety and circulation for all those travelling on Goldenwest Street. The Project will result in the least private injury in that, where possible consistent with safe roadway design restrictions, the property chosen for potential acquisition was done so to minimize the number of property owners affected, and to avoid impacts to residential properties. Section 4. The property to be acquired is necessary for the Project, in that the roadway widening must occur on property immediately adjacent to the existing roadway. 159/003821-0017/3131582.1 a01/22/98 -3- Section 5. The offer required by Government Code Section 7267.2 has been made to the record owners, by way of letter dated December 8, 1997. Staff has attempted to negotiate with the record.owners subsequent to this offer, but such negotiations have not proved successful in securing the necessary property interests outside of more formal proceedings. Section 6. To the extent any of the property to be taken herein is devoted to a public use, the City finds that the proposed use for the Project is compatible with, or more necessary to, such public use, and that the City is authorized to acquire the Property pursuant to Code of Civil Procedure § § 1240.510 and 1240.610. Section 7. The Project has been reviewed and approved under the California Environmental Quality Act by way of certification of Environmental Impact Report No. 89-1, approved January 8, 1990, and the City Council finds and determines that since the time of that certification there have been no subsequent changes with respect to the circumstances under which the Project is to be undertaken, no new information of substantial importance regarding significant effects or mitigation measures or alternative which has become available, and no subsequent changes have been proposed in the Project which would require important revisions to the previous environmental impact reports, such that no further environmental review attending this proposed acquisition is necessary. Section 8. The City Council hereby declares it is its intent to acquire the full fee interest in the above-referenced property in the City's name in accordance with the provisions of the laws of the State of California. Section 9. The City Attorney in conjunction with the law firm of Rutan & Tucker is hereby authorized and directed to prepare, institute, and prosecute in the name of the City such proceedings, in the Court having proper jurisdiction thereof, as may be necessary for the acquisition of the fee interest to such property. Said counsel are also authorized and directed to obtain any necessary order of the Court granting the City the right of prejudgment and immediate possession and occupancy of the property. 159/003821-0017/3131582.1 a01/22/98 -4- PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2nd day of February, 1998. in Mayor ATTEST: APPROVED AS TO FORM: City Clerk city Aqo g � 1�e . Ao z REVIEWED AND APPROVED: INIT TED APPROVED: City Admi strator Director lic Works 159/003821-001713131582.1 a01/22/98 -5- EX D31T "A" LEGAL DESCRIPTION FOR ROAD PURPOSES A.P. NO. 110-211-01 BEING THAT PORTION OF LOT 60 OF TRACT NO. 62, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 10, PAGE 7 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY LYING EASTERLY OF A LINE 55.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 11 WEST, AS SHOWN ON THE MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS RECORDS OF SAID COUNTY. CONTAINING AS AREA OF 625 SQUARE FEET, MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITION, RESERVATION, RESTRICTION, RIGHTS-OF- WAY, EASEMENTS AND LEASES, OF RECORD, IF ANY. �i JWDEN & EXHIBIT "A" LEGAL DESCRIPTION SO'CIATES FOR ROAD PURPOSES A.P. NO. 110-211-01 CIVIL ENGINEERS—PLANNERS—LAND SURVEYORS W.O. No. 0879-273-8 Date 11 15 93 18012 COWAN,SUITE 210 • IRVINE,CA 92714 714/660-0110 FAX:664-0418 F^ - s r' �t- _ r --• EXHIBIT "B" 25' GO 30' 59 30' 58 I n 57 5G 25', (J• •�� 55 ��� a t, J 1 54 A NJ` .C� AI'J� �1 C •, � ` 53 J �' 52 51 50 49 EAST LINE, 5E 1/4. SEC. 34, 5 ' T. 5 S., R. 11 W., 5BBT1. r(.(J' �n` a 20 v � J^ � o CD X '� I VJ o IQ ERNEST AVENUE I LEGEND 18 INDICATES AREA ® DE50PJBED HEREIN SCALE: 1'=100' ALD EN. & ��� }B. V# SKETCH TO ACCOMPANY A LEGAL DESCRIPTION S S O CIATE S. FOR ROAD PURP05E5 A.P. NO. 110-211-01 18012 COWAN. SUITE 210. IRVINE, CA 92714 W.O. No. 0879-273-8 hltP 11/15/93 (714) 660-0110 -FAY- am-nA.+a - - - EXHIBIT "A" LEGAL DESCRIPTION FOR ROAD PURPOSES A.P. NO. 110-211-04 AND 110-211-05 BEING THOSE PORTIONS OF LOTS 49 THROUGH 56 INCLUSIVE OF TRACT NO. 62, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 10, PAGE 7 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY LYING EASTERLY OF A LINE 55.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 34,TOWNSHIP 5 SOUTH, RANGE 11 WEST, AS SHOWN ON THE MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS RECORDS OF SAID COUNTY. CONTAINING AN AREA OF 5000 SQUARE FEET, MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITION, RESERVATION, RESTRICTION, RIGHTS-OF- WAY, EASEMENTS AND LEASES, OF RECORD, IF ANY. 0 9.T2 1 JWDEN & EXHIBIT "A" LEGAL DESCRIPTION. SOCIATES FOR ROAD PURPOSES A.P. NO. 110-211-04 AND 110-211-05 CIVIL ENGINEERS—PLANNERS—LAND SURVEYORS W.O. No. 0879-273-8 Date 11 15 93 18012 COWAN.SUITE 210 • IRVINE. CA 92714 714/66"110 FAX:66aa418 Engr. D.C. Chk. D.W. Sheet 1 of 2 EXHIBIT "Bn V 25' 60 59 30' 58 ' 57 F6v 56 25' 54 53 J �, 52 X D• t,JJ 51 50 49 EAST LINE, SE 1/4, SEC. 34, 5 ' T. 5 5., R. 11 W., 5 B.B.M. C J' " �� 20 LLI i � OTC �•411/ " <,,,� I 19 1 n o ERNES T AVENUE QI I LEGEND 3 18 �1!L111� INDICATES AREA � DESCRIBED t1EREM SCALE: 1'=100' s b K LDEN & Exrealr �B• SKETCH TO ACCOMPANY A LEGAL DE50FJP770H S"*A S 0 CtATE S FOR ROAD PURP05E5 FOR NO. 110-211-04, 05 18012 COWAN, SUITE 210, IRVINE, CA 92714 W.O. No. 0879-273-8 Date 11/15/93 (714) 680-0110 FAX: 660-0418 C, , . n r .., , EXHIB11 "All LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A.P.NO. 110-211-01 BEING THAT PORTION OF LOT 60 OF TRACT NO. 62, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED-IN BOOK 10, PAGE 7 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 15.00 FEET WIDE,LYING WESTERLY OF A LINE PARALLEL.WITH AND 55.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN ON THE MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS,RECORDS OF SAID COUNTY. AS SHOWN ON EXHIBIT"B" ATTACHED HERETO AND MADE A PART HEREOF. kSDEN & EXHIBIT"A'-LEGAL DESCRIPTION SOCIATES FOR TEMPORARY CONSTRUCTION EASEMENT AP.NO. 110-211-01 CIVIL ENGINEERS-PLANNERS-LAND SURVEYORS W.O.No. 0879-396-1 Date 4/23/97 18012 COWAN.SUITE 210 • IRVINE.CA 92714 Engr. D.C. Chk. D.W. Sheet 1 of 2 7141660-0110 FAX:660-0419 EXHIBIT "8" 25' GO 15' 30' 59 30. 58 ` 57 „► f � J 25 ^� J \ 54 53 52 51 50 49 EAST LINE, SE 114, SEC. 34, 5 ' T. 5 5., R. 11 W., 5-B.B.M. �v!,J' "" 20 ,� (l � 4-1 [..� JA J J 1"`J • �,�,\ I 19 Vl Z I • O ERNE5T AVENUE a I LEGEND � INDIGATE5 AREADESCRIBED HEREIN s SCALE: 1•--100' r18 ' s 8C EXtI161T •B- ALDEN SKETCH TO ACCOMPANY A LEGAL DESCRIPTION SSOCIATES FOR TEMPORARY CONSTRUCTION EA5EMENT A.P. N0. 110 211-01 18012 COWAN, SUITE 210. IRVINE, CA 92714 W.O. No. 0879-396-1 Date 4123/97 (714) 660-0110 FAX: 660-0418 Enar._P.C.�Chk._D_,W._____ 4zka-� 9 nF 9 EIK=TT"A" LEGAL DESCRIMON FOR TEMPORARY CONSTRUCTION EASEMENT A.P.NO. 110-211-04 AND 110-211-05 BEING THOSE PORTIONS OF LOTS 49 THROUGH 56 INCLUSIVE OF TRACT NO. 62, IN THE CITY OF HUJNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 10, PAGE 7 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STIRP OF LAND, 15.00 FEET WIDE,LYING WESTERLY OF ALINE 55.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 11 WEST, AS SHOWN ON THE MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS RECORDS OF SAID COUNTY. AS SHOWN ON EXHIBIT"B"ATTACHED HERETO AND MADE A PART HEREOF. kSDEN & EXHIBIT"A'-LEGAL DESCRIPTION SOCIATES FOR TEMPORARY CONSTRUCTION EASEMENT AP.NO. 110-211-04 AND 110-211-05 CIVIL ENGINEERS-PLANNERS-LAND SURVEYORS W.O.NO. 0879-396-1 Date 4/23/97 18012 COWAN.SUITE 210 • IRVINE,CA 92114 Engr.D.C. Chk. D.W. Sheet 1 of 2 7141660-0110 FAX:660 0418 25' GO 59 �. 58 57 -� F��v 5 S . 25' cl \ .• J- J 54 r ,% C=�♦ fir, C_�j• 1"\J 52 15' \• J 51 50 49 EAST LINE, SE 114, SEC. 34, 5 ' T. 5 5., R. 11 W., SBB.M. (,J' 20 C jv �\ � r-v 4 o ERNE5T AVENUE a I EL GEND 18 INDICATES AREA DESCRIBED HEREIN SCALE: 1'400' { 0 KLDEN & EXHIBIT 'B' SKETCH TO ACCOMPANY A LEGAL DESCRIPTION -*AS S 0 CIATE S FOR TEMPORARY CONSTRUCTION EASUMW AP. NO. 110 211-04, 05 18012 COWAN. SUITE 210, IRVINE, CA 92714 W.O. No. 0879-3q6-1 Date 41231V (714) 660-0110 ; FAX: 660-0418 c.,,., n r rn 1, n w - - ^ ^- ^ Res. No. 98-10 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 2nd day of February, 1998 by the following vote: AYES: Julien, Harman, Green, Dettloff, Sullivan, Garofalo NOES: None ABSENT: Bauer City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California G/resoluti/resbkpg/97-80 JAN 0 9 1998 NOTICE OF INTENTION TO ADOPT A RESOLUTION OF NECESSITY FOR ACQUISITION OF CERTAIN REAL PROPERTY LOCATED ON GOLDENWEST STREET, ASSESSOR PARCEL NOS. 110-211-01, -04, AND -05 VIA CERTIFIED MAIL - RETURN RECEIPT REOUESTED TO: ROBERT GHODOOSHIN, ET AL. 2445 Santa Fe Avenue Los Angeles, California 90058 This notice is sent to you by mail under requirements of California Code of Civil Procedure Section 1245.235. This notice concerns the property located on Goldenwest Street, in the City of Huntington Beach. The City of Huntington Beach ("City") has been investigating the acquisition of this property for accommodation of a roadway widening improvement project ("project"). You were previously contacted by an appraiser retained by the City, and given an opportunity to accompany the appraiser on an inspection of the property. California Eminent Domain Law provides that the power of eminent 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; E. Whether the City has met all other legal prerequisites to the exercise of eminent domain to acquire the property. This notice is sent to inform you that the City Council will be asked to decide if the above conditions are met concerning the City's acquisition of the above-referenced property as described above. This meeting will be held at or about 7:00 p.m., on February 2, 1998, 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. For your information and convenience, a description of the property is attached to this notice. If you would like further information regarding the project, please contact Mr. Paul Larkin at (114) 536-5445. 159/003821-0017/3131485. a01/06/98 Please be advised that you or your representatives are entitled to appear and be heard on any of the matters encompassed within the resolution, specifically those matters listed above, and whether the City has the legal right and has followed the procedures required to acquire the property by eminent domain. 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 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, including any challenge to the City's exercise of eminent domain to acquire the property, you may be limited in court to raising only those issues raised at the resolution of necessity hearing, or in written correspondence delivered to the City at, or prior to, the hearing on the matter. The City must adopt a resolution of necessity before an eminent domain proceeding can commence. Within six (6) months after the adoption of a resolution of necessity, the City may commence eminent domain proceedings in the Orange County Superior Court. In any such proceeding, the court will be asked to determine the amount of just compensation to which you may be entitled in the event the property is taken in eminent domain. Neither the pendency of the City's consideration of the resolution of necessity, nor the initiation of formal eminent domain proceedings, in any way prevents further negotiations from occurring for the acquisition of your property,and the City will be most willing to continue such negotiations. If you have any comments or questions, please do not hesitate to contact Mr. Paul Larkin at (714) 536-5445. Thank you for your cooperation in this matter. Dated: January 6, 1998 Very truly yours, CITY OF HUNTINGTON BEACH By:q,/ avid B. Cosgrove, Esq. Special Counsel for the City of Huntington Beach 159/003821-0017/3131485. a01/06/98 RESOLUTION NO. 9 8-11 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THE PUBLIC INTEREST AND NECESSITY OF ACQUISITION OF PORTIONS OF PROPERTY LOCATED ON GOLDENWEST STREET IN THE CITY OF HUNTINGTON BEACH, CALIFORNIA, IDENTIFIED AS ASSESSOR'S PARCEL NO. 111-120-01 FOR THE PURPOSES OF CONDUCTING ROADWAY IMPROVEMENTS WHEREAS, the City of Huntington Beach is authorized under the provisions of its charter and under the provisions of Sections 37350.5 and 40404 of the California Government Code to acquire property by eminent domain for public purposes, and specifically for street improvements; and The City of Huntington Beach has been investigating the acquisition of various interests in property, including a fee interest in certain property on Goldenwest Street, identified as Assessor Parcel No. 111-120-01. The "Project" for the purposes of this acquisition consists of the widening and improving of Goldenwest Street; and On February 2, 1998, after no less than 15 days written notice to the record owners of the property referenced above and more specifically described in the legal descriptions attached hereto as Exhibits "A" and "B", respectively, ("Property") which are incorporated herein by reference, the City Council of Huntington Beach held a hearing for the purpose of allowing the record owners of the property a reasonable opportunity to appear and be heard on the following matters: (a) Whether the public interest and necessity require the project; (b) Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; (c) Whether the property proposed to be acquired is necessary for the project; and (d) Whether the offer required by Government Code Section 7267.2 had been given; and On that same date, the owners of the Property were also given a reasonable opportunity to appear and be heard on whether the City has met the procedural prerequisites to the exercise of eminent domain; and The City Council, as a result of such hearing, has determined that the public health, safety, and welfare require that the City acquire various interests in the Property more 159/003821-0017/3131870.1 a01/22/98 -1- particularly described herein ("Property"), for the purposes of widening and improving Goldenwest Street; and The Project for which the Property to be acquired is sought has previously been reviewed under applicable environmental review procedures, including Environmental Impact Report No. 89-1, approved January 8, 1990; and NOW, THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, HEREBY DOES FIND, DETERMINE, AND DECLARE BASED UPON EVIDENCE PRESENTED TO IT AS FOLLOWS: Section 1. The property to be acquired is located within the City of Huntington Beach, County of Orange, State of California, and is located on Goldenwest Street, and otherwise identified as Assessor's Parcel No. 111-120-01. The Property the City seeks to acquire, and the Property interests sought, consist of the following: A. For the property more specifically described in Exhibit "A" hereto, an easement more specifically described as follows: An exclusive, perpetual easement for the purposes of. constructing, placing, maintaining, and operating a public right of way and/or public utility facilities thereon, including all rights of surface access and use consistent with the use as a public.right-of-way. B. For the property more specifically described in Exhibit "B" hereto, a temporary construction easement more specifically described as follows: A temporary construction easement for City of Huntington Beach ("City"), and its officers, agents, employees and contractors, to enter upon, occupy, and pass over the temporary construction easement area more specifically described in the legal description attached hereto, as deemed reasonably necessary for all purposes incidental to reconstructing and widening Goldenwest Street ("Project") in accordance with street improvement plans approved by City for the Project. Such incidental purposes shall include, but not be limited to, . adjusting grade differentials between the planned street and the adjoining real property and/or meeting or matching existing concrete and/or asphalt paved areas, and/or natural grade areas, constructing sidewalks, or such work as may pertain to on-site improvements. This temporary construction easement shall also include the right to perform any necessary excavation, grading, earth fill, compaction, installation of concrete forms, utility, fence and sign relocation, private drainage facilities, all such necessary 159/003821-0017/3131870.1 a01/22/98 -2- activities which are reasonably incidental to the work being performed on said property in connection with the Project. The rights granted hereunder shall commence 2 days after notification to the property owner and shall continue in full force and effect until 12 months after notice, but in no event shall continue past May 1, 1998. Upon termination of this temporary construction easement,-the temporary construction easement area shall be restored to a condition that is reasonably equivalent to its condition prior to the commencement of the work. This temporary construction easement shall not include the right to store any materials or park any vehicles which are not incidental to the work to be performed on site in connection with the Project, or to block all vehicular access to the larger parcel of property of which this temporary construction easement is part. In connection with the exercise of this temporary construction easement rights hereunder, City shall protect and preserve all structures on the temporary construction easement area in place, and shall protect or restore all improvements thereon to a condition that is reasonably equivalent to its condition prior.to the commencement of the work. Section 2. The public interest and necessity require the Project, in that the City's General Plan, and specifically the Circulation Element, calls for the expansion of Goldenwest Street in the manner contemplated by the Project. In addition, the Goldenwest Street widening is designed to relieve traffic congestion and increase the capacity of the street, which will require continuity in the roadway alignment and traffic handling capacity of the street. Section 3. The Project is located in a manner most compatible with the greatest public good and least private injury, in that the design of the roadway widening must of necessity occupy land which is immediately adjacent to the existing roadway, in order to maintain the continuity of the alignment of the road for all users. The Project is designed in a manner compatible with the greatest public good, in that the Project will involve road widening which will enhance the utility of the area by improving traffic safety and circulation for all those travelling on Goldenwest Street. The Project will result in the least private injury in that, where possible consistent with safe roadway design restrictions, the property chosen for potential acquisition was done so to minimize the number of property owners affected, and to avoid impacts to residential properties. Section 4. The property to be.acquired is necessary for the Project, in that the roadway widening must occur on property immediately adjacent to the existing roadway. 159/003821-0017/3131870.1.a01/22/98 -3- Section 5. The offer required by Government Code Section 7267.2 has been made to the record owners, by way of letter dated December 8, 1997. Staff has attempted to negotiate with the record owners subsequent to this offer, but such negotiations have not proved successful in securing the necessary property interests outside of more formal proceedings. Section 6. To the extent any of the property to be taken herein is devoted to a public use, the City finds that the proposed use for the Project is compatible with, or more necessary to, such public use, and that the City is authorized to acquire the Property pursuant to Code of Civil Procedure § § 1240.510 and 1240.610. Section 7. The Project has been reviewed and approved under the California Environmental Quality Act by way of certification of Environmental Impact Report No. 89-1, approved January 8, 1990, and the City Council finds and determines that since the time of that certification there have been no subsequent changes with respect to the circumstances under which the Project is to be undertaken, no new information of substantial importance regarding significant effects or mitigation measures or alternative which.has become available, and no subsequent changes have been proposed in the Project which would require important revisions to the previous environmental impact reports, such that no further environmental review attending this proposed acquisition is necessary. Section 8. The City Council hereby declares it is its intent to acquire the full fee interest in the above-referenced property in the City's name in accordance with the provisions of the laws of the State of California. Section 9. The City Attorney in conjunction with the law firm of Rutan & Tucker is hereby authorized and directed to prepare, institute, and prosecute in the name of the City such proceedings, in the Court having proper jurisdiction thereof, as may be necessary for the acquisition of the fee interest to such property. Said counsel are also authorized and directed to obtain any necessary order of the Court granting the City the right of prejudgment and immediate possession and occupancy of the property. 159/003821-0017/3131870.1 a01/22/98 -4-. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2nd day of February, 1998. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: J�„44 City Admi strator Director Public Works 159/003 82 1-00 1 7/3 13 1 870.1 a01/22/98 -5- EXHIBIT "A" LEGAL DESCRIPTION FOR ROAD PURPOSES A.P. NO. 111-120-01 BEING THAT PORTION OF LOT 20 IN BLOCK"F"OF THE GARFIELD STREET ADDITION TO THE CITY OF HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WESTERLY OF A LINE PARALLEL WITH AN 55.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN ON THE MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY. CONTAINING AN AREA OF 3288 SQUARE FEET, MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS,CONDITIONS,RESERVATIONS,RESTRICTIONS,RIGHTS-OF- WAY, EASEMENTS AND LEASES, OF RECORD, IF ANYA xa . s CIV11. l9l GF CA:�� _ VWSDEN & EXHIBIT "A"LEGAL DESCRIPTION OCIATES Fox ROAD PURPOSES A.P. NO. 111-120-01 CIVIL ENGINEERS-PLANNERS-LAND SURVErORS 18012 COWAN.su1rE 210 • IRV1N&CA 92714 W.O. No. 0879-273-8 Date 11 15 93 714/6%0110 FAX:6600418 Engr. D.C. Chk. D.W. Sheet 1 of 2 1 EXHIBIT "B" 25' 60 59 130, 58 4-:3 57 Gov 56 55 54 Cr• �' :. 53 52 -'�`, � �✓�` 51 50 I 49 25' WEST LINE, 5W 114, SEC. 35, T. 5 5., R. 11 W., 5P.B.M. 05 iq 20 e o ERNE5T AVENUE I EGEND $ 18 INDICATES AREA _ ® DESCRIBED HERM SCALE: 1'=100' wLDEN & SKETCH TO ACCOMPANY 4 LEGAL DE50PJPTION SSOCIATES FOR ROAD'PURP05E5 AP. NO:111-120-01 18012 COWAN, SUITE 210, IRVINE, CA 92714 W.O. No. 0879-273-8 Date 11/15/93 (714) 660-0110 FAX: 680-0418 Ennr.__D CFik�D.W..._._._ ctieo+ .9 of 9 E)=lT"All LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A.P..NO. 111-120-01 BEING THAT PORTION OF LOT 20 IN BLOCK "F" OF THE GARFIELD STREET ADDITION TO HUNTINGTON BEACH,IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND, 15.00 FEET WIDE,LYING EASTERLY OF A LINE PARA7 T.F.T.WITH AND 55.00 FEET EASTERLY, MEASURED AT RIGHT ANCLES, FROM THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 11 WEST, AS SHOWN ON THE MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS RECORDS OF SAID COUNTY. AS SHOWN ON EXHD 31 T 'B" ATTACHED HERETO AND MADE APART HEREOF. VWDEN & EXHIBIT"A'-LEGAL DESCRIPTION SOCIATES FOR TEMPORARY CONSTRUCTION EASEMENT A.P.NO. 111-120-01 CIVIL ENGINEERS-PLANNERS-LAND SURVEYORS W.O.No. 0879-396-1 Date 4/23/97 18012 COWAN.SUITE 210• IRVINE,CA 92714 Engr.D.C. Chk. D.W. Sheet 1 of 2 7141660-0110 FAX:660-0418 EXHIBIT "B" 25' 60 59 I 30' 58 • 30' I 57 F� ( 4b, 55 54 r Al c 53 52 51 50 I 49 � 25' WEST LINE, SW 114, SEG. 35, T. 5 S., R. 11 W., S.BBV. i . r ^� J♦ J�a C-- ;`J `, I 19 � I!J+ v J I o ERNEST AVENUE a I LEG END $ 18 INDICATES AREA ® DESCRIBED HEREIN SCALE: 1'=100' • a VWAILDEN & Exrl►Blr •B• SKETCH TO ACCOMPANY A LEGAL DESCRIPTION S S O CIATE S >•oR TEPIPORARY CONSTRUCTION EASEMENT AP. NO. 111-120-01 18012 COWAN, SUITE 210, IRVINE, CA 92714 W.O. No. 0879-346-1 Date 4/23/47 (714) 660-0110 FAX: 660-0418 Fnnr D.G. rhv D.W. c►,ae+ 9 f1f 9• Res. No. 98-11 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 2nd day of February, 1998 by the following vote: AYES: Julien, Harman, Green, Dettloff, Sullivan, Garofalo NOES: None ABSENT: Bauer City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California G/reso1uti/resbkpg/97-80 / JAN 0 9 1998 NOTICE OF INTENTION TO ADOPT A �118AGfA RESOLUTION OF NECESSITY FOR ACQUISITION OF CERTAIN REAL PROPERTY LOCATED ON GOLDENWEST STREET, ASSESSOR PARCEL NO. 111-120-01 VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED TO: S&C OIL COMPANY, INC. c/o MR. B. G. WILLIAMS 4952 Warner Avenue, Suite 223 Huntington Beach, CA 92649 This notice is sent to you by mail under requirements of California Code of Civil Procedure Section 1245.235. This notice concerns the property located on Goldenwest Street, in the City of Huntington Beach. The City of Huntington Beach ("City") has been investigating the acquisition of this property for accommodation of a roadway widening improvement project ("project"). You were previously contacted by an appraiser retained by the City, and given an opportunity to accompany the appraiser on an inspection of the property. California Eminent Domain Law provides that the power of eminent 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; E. Whether the City has met all other legal prerequisites to the exercise of eminent domain to acquire the property. This notice is sent to inform you that the City Council will be asked to decide if the above conditions are met concerning the City's acquisition of the above-referenced property as described above. This meeting will be held at or about 7:00 p.m., on February 2, 1998, 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. 159/003821-0017/3131488. a01/06/98 For your information and convenience, a description of the property is attached to this notice. If you would like further information regarding the project, please contact Mr. Paul Larkin at (714) 536-5445. Please be advised that you or your representatives are entitled to appear and be heard on any of the matters encompassed within the resolution, specifically those matters listed above, and whether the City has the legal right and has followed the procedures required to acquire the property by eminent domain. 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 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, including any challenge to the City's exercise of eminent domain to acquire the property, you may be limited in court to raising only those issues raised at the resolution of necessity hearing, or in written correspondence delivered to the City at, or prior to, the hearing on the matter. The City must adopt a resolution of necessity before an eminent domain proceeding can commence. Within six (6) months after the adoption of a resolution of necessity, the City may commence eminent domain proceedings in the Orange County Superior Court. In any such proceeding, the court will be asked to determine the amount of just compensation to which you may be entitled in the event the property is taken in eminent domain. Neither the pendency of the City's consideration of the resolution of necessity, nor the initiation of formal eminent domain proceedings, in any way prevents further negotiations from occurring for the acquisition of your property,and the City will be most willing to continue such negotiations. If you have any comments or questions, please do not hesitate to contact Mr. Paul Larkin at (714) 536-5445. Thank you for your cooperation in this matter. Dated: January 6, 1998 Very truly yours, CITY OF HUNTINGTON BEACH n By ` n David . Cosgrove, Esq. Special Counsel for the City of Huntington Beach 159/003821-0017/3131488. a01/06/98 RESOLUTION NO. 9 8-12 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THE PUBLIC INTEREST AND NECESSITY OF ACQUISITION OF PORTIONS OF PROPERTY LOCATED ON GOLDENWEST STREET IN THE CITY OF HUNTINGTON BEACH, CALIFORNIA, IDENTIFIED AS ASSESSOR'S PARCEL NO. 111-120-28 FOR THE PURPOSES OF CONDUCTING ROADWAY IMPROVEMENTS WHEREAS, the City of Huntington Beach is authorized under the provisions of its charter and under the provisions of Sections 37350.5 and 40404 of the California Government Code to acquire property by eminent domain for public purposes, and specifically for street improvements; and The City of Huntington Beach has been investigating the acquisition of various interests in property, including a fee interest in certain property on Goldenwest Street, identified as Assessor Parcel No. 111-120-28. The "Project" for the purposes of this acquisition consists of the widening and improving of Goldenwest Street; and On February 2, 1998, after no less than 15 days written notice to the record owners of the property referenced above and more specifically described in the legal descriptions attached hereto as Exhibits "A" and "B", respectively, ("Property") which are incorporated herein by reference, the City Council of Huntington Beach held a hearing for the purpose of allowing the record owners of the property a reasonable opportunity to appear and be heard on the following matters: (a) Whether the public interest and necessity require the project; (b) Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; (c) Whether the property proposed to be acquired is necessary for the project; and (d) Whether the offer required by Government Code Section 7267.2 had been given; and On that same date, the owners of the Property were also given a reasonable opportunity to appear and be heard on whether the City has met the procedural prerequisites to the exercise of eminent domain; and The City Council, as a result of such hearing, has determined that the public health, safety, and welfare require that the City acquire various interests in the Property more 1 5 9/003 82 1-001 7/3 1 3 1 868.1 a01/22/98 -1- particularly described herein ("Property"), for the purposes of widening and improving Goldenwest Street; and The Project for which the Property to be acquired is sought has previously been reviewed under applicable environmental review procedures, including Environmental Impact Report No. 89-1, approved January 8, 1990; and NOW, THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, HEREBY DOES FIND, DETERMINE, AND DECLARE BASED UPON EVIDENCE PRESENTED TO IT AS FOLLOWS: Section 1. The property to be acquired is located within the City of Huntington Beach, County of Orange, State of California, and is located on Goldenwest Street, and otherwise identified as Assessor's Parcel No. 111-120-28. The Property the City seeks to acquire, and the Property interests sought, consist of the following: A. For the property more specifically described in Exhibit "A" hereto, an easement more specifically described as follows: An exclusive, perpetual easement for the purposes of constructing, placing, maintaining, and operating a public right of way and/or public utility facilities thereon, including all rights of surface access and use consistent with the use as a public right-of-way. B. For the property more specifically described in Exhibit "B" hereto, a temporary construction easement more specifically described as follows: A temporary construction easement for City of Huntington Beach ("City"), and its officers, agents, employees and contractors, to enter upon, occupy, and pass over the temporary construction easement area more specifically described in the legal description attached hereto, as deemed reasonably necessary for all purposes incidental to reconstructing and widening Goldenwest Street ("Project") in accordance with street improvement plans approved by City for the Project. Such incidental purposes shall include, but not be limited to, adjusting grade differentials between the planned street and the adjoining real property and/or meeting or matching existing concrete and/or asphalt paved areas, and/or natural grade areas, constructing sidewalks, or such work as may pertain to on-site improvements. This temporary construction easement shall also include the right to perform any necessary excavation, grading, earth fill, compaction, installation of concrete forms, utility, fence and sign relocation, private drainage facilities, all such necessary 1 5 9/003 82 1-00 1 7/3 13 1 868.1 a01/22/98 -2- activities which are reasonably incidental to the work being performed on said property in connection with the Project. The rights granted hereunder shall commence 2 days after notification to the property owner and shall continue in full force and effect until 12 months after notice, but in no event shall continue past May 1, 1998. Upon termination of this temporary construction easement, the temporary construction easement area shall be restored to a condition that is reasonably equivalent to its condition prior to the commencement of the work. This temporary construction easement shall not include the right to store any materials or park any vehicles which are not incidental to the work to be performed on site in connection with the Project, or to block all vehicular access to the larger parcel of property of which this temporary construction easement is part. In connection with the exercise of this temporary construction easement rights hereunder, City shall protect and preserve all structures on the temporary construction easement area in place, and shall protect or restore all improvements thereon to a condition that is reasonably equivalent to its condition prior to the commencement of the work. Section 2. The public interest and necessity require the Project, in that the City's General Plan, and specifically the Circulation Element, calls for the expansion of Goldenwest Street in the manner contemplated by the Project. In addition, the Goldenwest Street widening is designed to relieve traffic congestion and increase the capacity of the street, which will require continuity in the roadway alignment and traffic handling capacity of the street. Section 3. The Project is located in a manner most compatible with the greatest public good and least private injury, in that the design of the roadway widening must of necessity occupy land which is immediately adjacent to the existing roadway, in order to maintain the continuity of the alignment of the road for all users. The Project is designed in a manner compatible with the greatest public good, in that the Project will involve road widening which will enhance the utility of the area by improving traffic safety and circulation for all those travelling on Goldenwest Street. The Project will result in the least private injury in that, where possible consistent with safe roadway design restrictions, the property chosen for potential acquisition was done so to minimize the number of property owners affected, and to avoid impacts to residential properties. Section 4. The property to be acquired is necessary for the Project, in that the roadway widening must occur on property immediately adjacent to the existing roadway. 159/003 82 1-00 1 7/3 1 3 1 868.1 a01/n/98 -3- Section 5. The offer required by Government Code Section 7267.2 has been made to the record owners, by way of letter dated December 8, 1997. Staff has attempted to negotiate with the record owners subsequent to this offer, but such negotiations have not proved successful in securing the necessary property interests outside of more formal proceedings. Section 6. To the extent any of the property to be taken herein is devoted to a public use, the City finds that the proposed use for the Project is compatible with, or more necessary to, such public use, and that the City is authorized to acquire the Property pursuant ,. to Code of Civil Procedure § § 1240.510 and 1240.610. Section 7. The Project has been reviewed and approved under the California Environmental Quality Act by way of certification of Environmental Impact Report No. 89-1, approved January 8, 1990, and the City Council finds and determines that since the time of that certification there have been no subsequent changes with respect to the circumstances under which the Project is to be undertaken, no new information of substantial importance regarding significant effects or mitigation measures or alternative which has become available, and no subsequent changes have been proposed in the Project which would require important revisions to the previous environmental impact reports, such that no further environmental review attending this proposed acquisition is necessary. Section 8. The City Council hereby declares it is its intent to acquire the full fee interest in the above-referenced property in the City's name in accordance with the provisions of the laws of the State of California. Section 9. The City Attorney in conjunction with the law firm of Rutan & Tucker is hereby authorized and directed to prepare, institute,and prosecute in the name of the City such proceedings, in the Court having proper jurisdiction thereof, as may be necessary for the acquisition of the fee interest to such property. Said counsel are also authorized and directed to obtain any necessary order of the Court granting the City the right of prejudgment and immediate possession and occupancy of the property. 159/003821-0017/3131868.1 a01/22/98 -4- PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2nd day of February, 1998. Mayor ATTEST: APPROVED AS TO FORM: City Clerk- City Attorney 0 r REVIEWED AND APPROVED: INITIATED AND APPROVED: City AdminArator Director of is Works 159/003821-0017/3131868.1 201/22/98 -5- EXHIBIT "A" LEGAL DESCRIPTION FOR ROAD PURPOSES A.P. NO. 111-120-28 BEING THAT PORTION OF LOT 19 IN BLOCK"F"OF THE GARFIELD STREET ADDITION TO HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON BEACH, COUNTY Or ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WESTERLY OF A LINE PARALLEL WITH AND 55.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES,FROM THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN ON THE MAP RECORDED IN BOOK 51 PAGE 13 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY. TOGETHER WITH THE SOUTH 30.00 FEET OF SAID LOT 19. ALSO, TOGETHER WITH THAT PORTION OF SAID LOT 19 LYING SOUTHWESTERLY OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 34.00 FEET, SAID CURVE BEING TANGENT ON THE WEST TO SAID PARALLEL LINE 55.00 EASTERLY OF THE WEST LINE OF SAID SOUTHWEST QUARTER AND BEING TANGENT ON THE SOUTH TO A LINE PARALLEL WITH AND 30.00 FEET NORTHERLY, MEASURED AT RIGHT ANGLES, FROM THE SOUTHERLY LINE OF SAID LOT 19. CONTAINING AN AREA OF 11,508 SQUARE FEET, MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED.HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATION, RESTRICTION, RIGHTS-OF= WAYS P►S .MENTS AND LEASES, OF RECORD, IF ANY. v. s«• cl :.'. JWDEN & EXHIBIT "Al► LEGAL DESCRIPTION SOCIATES FOR ROAD PURPOSES A.P. NO. 111-120-28 CIVIL ENGINEERS-PLANNERS-LAND SURVEYORS W.O. NO. 0879-273-8 Date 11 15 93 18012 COWAN,SUITE 210 • IRV1NE.CA 92714 714/660-0110 FAX:660-0418 Engr. D.C. Chk. D.W. Sheet -L of 2 EXHIBIT nB" 25' 60 5q 130' 58 430' -70 57 .c 5G J. .. 55 I cj,:• ICI 54AM 53 ���. 4♦ �t•�^�� 52 DA J J4 51 SCALE: 1'=100' 50 I WEST LINE, 5 114, SEG. 35, 4q T. 5 S., R. 11 W., S.B.M. 50 551 •� celV \ 4 As 104 2-4 c 1 iq J R=34' o o w � • o ERNEST AVENUE F183DLSA STREET) I � EL GEND ® INDICATES AREA DE50RIBED HEREIN AL DEN E "� .5. SKETGH TO ACCOMPANY A LEGAL DESCRIPTION S S 0 CIATE S fOR ROAD PURPOSES AP. NO. 111-120-28 18012 COWAN, SUITE 210, IRVINE, CA 92714 W.O. NO. 087g-273-8 Date 11/15/g3 (714) 680-0110 FAX: 660-0418 - r',,,., n I: nw, n W --, ^ -- ^ F,)=IT"A" LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A.P.NO.111-120-28 BEING THAT PORTION OF LOT 19 IN BLOCK"F"OF THE GARFIELD STREET ADDITION TO HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 71 PAGES 27 AND 28 OF MISCET LANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND, 15.00 FEET WIDE, LYING EASTERLY OF A LINE PARALLEL WITH AND 55.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN ON THE MAP RECORDED IN BOOK 51 PAGE 13 OF MISCELLANEOUS MAPS,RECORDS OF SAID COUNTY. TOGETHER WITH THE NORTH 15.00 FEET OF THE SOUTH 45.00 FEET OF SAID LOT 19. ALSO, TOGETHER WITH A STRIP OF LAND 15.00 FEET WIDE,WITHIN SAID LOT 19,LYING NORTHEASTERLY OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 34.00 FEET, SAID CURVE BEING TANGENT ON THE WEST TO SAID PARALLEL LINE 55.00 EASTERLY OF THE WEST LINE OF SAID SOUTHWEST QUARTER AND BEING TANGENT ON THE SOUTH TO A LINE PARALLEL WITH AND 30.00 FEET NORTHERLY, MEASURED AT RIGHT ANGLES,FROM THE SOUTHERLY LINE OF SAID LOT 19. EXCEPTING THEREFROM THAT PORTION LYING SOUTHERLY AND WESTERLY OF SAID 34.00 FOOT RADIUS CURVE. AS SHOWN ON EXHIBIT"B"ATTACHED HERETO AND MADE A PART HEREOF. VWDEN & EXHIBIT"A"-LEGAL DESCRIPTION SOCIATES FOR TEMPORARY CONSTRUCTION EASEMENT A.P.NO. 111-120-28 CIVIL ENGINEERS—PLANNERS—LAND SURVEYORS W.O.No. 0879-396-1 Date 4/23/97 18012 COWAN,sur cE 210 • IRVINE,CA 92714 Engr.D.C. Chk. D.W. Sheet I of 2 7141660-0110 FAX:660-0418 'XHIBIT "B" 25' GO 5q 30' 58.. �. J 57 JA J,� 55 � cJv •��. + j�I ` 54 t:•c, ' AM 53 52 J.c �• .. 51 SCALE: 1'=100' 50 WEST LINE, 5W 114, SEC. 35, 4q T. 5 S., R. 11 W., 511111•I. 51 eLe 6 p 25. A. th�� 19 J v J ~ I L 4' M f 3 O v • S o ERNEST VENUE a (BOL5A STREET) LEG INDICATES AD ® DESCRIBED AREA HEREIN u ALDEN $C EXHIBIT 'B� SKETCH TO ACCOMPANY A LEGAL DESCRIPTION S S 0 CIATES FOR TEMPORARY CONSTRUCTION EASEMW AP. NO. 111 120 28 18012 COWAN, SUITE 210, IRVINE, CA 92714 W.O. No 087q-3qG-1 Date 4/231V (714) 660=Olio FAX: 660-0418 C'--. nr nw, nw f-L___L 0) r.r o Res. No. 98-12 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 2nd day of February, 1998 by the following vote: AYES: Julien, Harman, Green, Dettloff, Sullivan, Garofalo NOES: None ABSENT: Bauer City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California G/resoluti/resbkpg/97-80 ktoa ly tr JAN 0 9 1998 v� NOTICE OF INTENTION TO ADOPT A RESOLUTION OF NECESSITY FOR ACQUISITION OF CERTAIN REAL PROPERTY LOCATED ON GOLDENWEST STREET, ASSESSOR PARCEL NO. 111-120-28 VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED TO: WEIR OIL CO.,.INC. DONALD A. WEIR 401 20th Street Huntington Beach, CA 92648 This notice is sent to you by mail under requirements of California Code of Civil Procedure Section 1245.235. This notice concerns the property located on Goldenwest Street, in the City of Huntington Beach. The City of Huntington Beach ("City") has been investigating the acquisition of this property for accommodation of a roadway widening improvement project ("project"). You were previously contacted by an appraiser retained by the City, and given an opportunity to accompany the appraiser on an inspection of the property. California Eminent Domain Law provides that the power of eminent 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 mariner 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; E. Whether the City has met all other legal prerequisites to the exercise of eminent domain to acquire the property. This notice is sent to inform you that the City Council will be asked to decide if the above conditions are met concerning the City's acquisition of the above-referenced property as described above. This meeting will be held at or about 7:00 p.m., on February 2, 1998, 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. 159/003821-0017/3131477. a01/06/98 r For your information and convenience, a description of the property is attached to this notice. If you would like further information regarding the project, please contact Mr. Paul Larkin at (714) 536-5445. Please be advised that you or your representatives are entitled to appear and be heard on any of the matters encompassed within the resolution, specifically those matters listed above, and whether the City has the legal right and has followed the procedures required to acquire the property by eminent domain. 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 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, including any challenge to the City's exercise of eminent domain to acquire the property, you may be limited in court to raising only those issues raised at the resolution of necessity hearing, or in written correspondence delivered to the City at, or prior to, the hearing on the matter. The City must adopt a resolution of necessity before an eminent domain proceeding can commence. Within six (6) months after the adoption of a resolution of necessity, the City may commence eminent domain proceedings in the Orange County Superior Court. In any such proceeding, the court will be asked to determine the amount of just compensation to which you may be entitled in the event the property is taken in eminent domain. Neither the pendency of the City's consideration of the resolution of necessity, nor the initiation of formal eminent domain proceedings, in any way prevents further negotiations from occurring for the acquisition of your property,and the City will be most willing to continue such negotiations. If you have any comments or questions, please do not hesitate to contact Mr. Paul Larkin at (714) 536-5445. Thank you for your cooperation in this matter. Dated: January 6, 1998 Very truly yours, CITY OF HUNTINGTON BEACH By Davi B. Cosgroife, Esq. Special Counsel for the City of Huntington Beach 159/003821-0017/3131477. a01/06/98 &JO , W' CITY OF. HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION �`��"" R HUNTINGTON BEACH TO: Robert Franz, Deputy City Administrator RECEIVED FROM FROM: Gail Hutton, City Attorney AND MADE A PART OF HE COUNCIL MEETIN©OF DATE: January 27, 1998 G NNIE OFFICETHE CITTY CY CLERK SUBJECT: Presentation of Staff Report re: Eminent Domain Hearings for Goldenwest Street Widening for February 2, 1998 City Council Meeting In preparation for the City Council hearing on the above referenced Resolutions,you should have staff prepare a report and presentation to document evidence in support of the findings stated in the Resolution. At the hearing,you should take the following steps: Staff should initially make its presentation. This presentation should include the following: l. Exhibit a map (such as a parcel map)that identifies the property and which shows the area involved and the overall Yorktown widening project. Staff should indicate the boundaries of the property on the map, and describe the existing improvements and any other features relating to the property that are significant, such as topography. 2. Staff should describe the overall project for which the property is being acquired. Staff should describe why the public interest and necessity require the project. 3. Staff should describe what investigation was made and what conclusions were reached as to how the project should be planned and located. Staff should describe what investigation was made as to whether the way the project has been planned and located is most compatible with the greatest public good and the least private injuly. Some information should be provided that describes the burdens this taking will impose by alternative methods of accomplishing or locating the project. A series of actions taken to minimize the hardship on private property owners would be in order. 4. Staff should describe what investigation was made and what conclusions were reached as to whether the property proposed to be acquired is necessary for the project. What alternatives were considered and why were they rejected? 5. Staff should indicate that the Planning Commission has determined that the project and the acquisition of the property at issue is consistent with the City's General Plan pursuant to Government Code Section 65402. 1 i g4:98 Mernos:Franz 127 Staff should indicate that the City has complied with requirements of CEQA California h' P q � Q � Environmental Quality Act)relating to the underlying project and describe what action has been taken with respect to CEQA. Reference should be made to the CEQA reference in the Staff Report prepared for the Planning Commission and the Report prepared for the City Council in connection with the adoption of the General Plan conformance. 7. Staff should indicate that a written offer to acquire the property was made to the owners offering the full amount of the appraised fair market value for the property in conformity with Government Code Section 7267.2. 8. The hearing must be opened for public comments by the property owners' representatives. You can respond to any comments for which you have a meaningful response. However, I would advise that you wait until the property owner has concluded his/her remarks and has sat down, rather than get into a dialogue. 9. After the public hearing is closed,the City Council may discuss the matter and address questions to staff. 10. Immediately after the close of the public hearing,the City Council should take the action of adopting the proposed Resolutions of Necessity, voting against the adoption of the Resolutions of Necessity, or, if desired, continuing the matter to another meeting. The Resolutions of Necessity must be adopted by at least a 2/3 vote of all the members of the governing body (present or absent)to be effective. Five votes are required to adopt the resolution. If you have any further questions,please contact me or Paul D'Alessandro as soon as possible. Gail Hutton City Attorney. cc: Ray Silver, Acting City Administrator Les Jones, Director of Public Works 2 g:4:98Memos:Franz 127 w . rr J Te CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUYT1 )WBEACH- Honorable Council Member David Garafalo, Mayor and , Members of the City Council FROM: Gail Hutton, City Attorney _._ p 7'M DATE: February 2, 1998 SUBJECT: Agenda Item H-7B on City Council Agenda of February 2, 1990 Proposed Welcome Letter to New Homeowners in the Holly-Seacliff Development Area Regarding Quality of Life Issues in Huntington Beach Agenda Item H-7B proposes that the City Council direct the City Administrator to draft a "welcome" letter to new homeowners in the Holly-Seacliff development area introducing them to the quality of life issues in Huntington Beach. It further proposes that the letter be signed by the Mayor and City Council. Section 18901 of the Regulations of the Fair Political Practices Commission limits the use of "mass mailings" sent at public expense. A mass mailing is any unsolicited letter sent to 200 or more city residents in a single calendar month. If a letter is a mass mailing, then it may not "feature an elected official affiliated with the agency." This means that the mailing may not include the elected officer's photograph or signature, or single out the elected.officer by manner of display, such as by headlines, captions, typesize,typeface:or typecolor. In this case, we are not sure how many new homeowners may move into Holly-Seacliff each month. However, if more than 200 homeowners move in per month, then the welcome letter may not be individually signed by the Mayor and Council Members. Instead of individually signing the letter, the letter may be simply from the "'Mayor and City Council." Alternatively, the Council may simply limit the number of mailings to less than 200 per month, regardless of the number of new residents. RECEIVED FROM E RECO IDTM AND MADE A PART O T Gail Hutton. CoUNC1tOMFFICTE OFOTHE 01 CLERK City Attorney CONNIE EROCKWAY,CITY CLERK cc: . Ray Silver, Acting City Administrator Michael Solder, Acting Assistant City Administrator Melanie Fallon, Acting Assistant City Administrator SF/s:SF-98Memos:M&CC-130 2/2/98-#3 . ,-RCA ROUTING . 9HEET INITIATING DEPARTMENT: Administrative Services SUBJECT: APPROVE GOLDENWEST RIGHT-OF-WAY WIDENING INTEREST AND NECESSITY COUNCIL MEETING DATE: February 2, 1998 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City 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 REVIEWED RETURNED FORWARDED _. Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) .. EXPLANATION FOR RETURN-OF-ITEM. - (Below SpaceFor Only) RCA Author: P. Larkin CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH - TO: Honorable Mayor Dettloff and Members of the City Council c_ FROM: Gail Hutton, City Attorney DATE: January 27, 1998 r SUBJECT: Mayor's Statement Before Hearings on Eminent Domain Resolutions for Goldenwest Street Widening Project; City Council Meeting of February 2, 1998 Before the hearing on the Resolutions of Necessity for the Goldenwest Street Widening Project at the City Council meeting on February 2, 1998,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: Ray Silver, Acting City Administrator Connie Brockway, City Clerk / � - Bob Franz, Chief of Administrative Services / gA4\98memos\gwstmt