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HomeMy WebLinkAboutSpecially Noticed Hearing - Goldenwest Street Right-of-Way W (15) V CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK CITY CLERK LETTER OF TRANSMITTAL REGARDING ITEM APPROVED BY THE CITY COUNCIL/REDEVELOPMENT AGENCY APPROVED ITEM DATE: Qfl.,c_ o.E "34, / 9 9g l TO: ATTENTION: Name /,'/_ ,v ox, P�aG . / �'O,0 DEPARTMEN : Street f&g n o' . M 9,2/o 2 ,6 REGARDING: City,State,Zip See Attached Action Agenda Item E—4 A*.B Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records. Connie Brockway City Clerk Attachments: Action Agenda Page 84-9 Agreement Bonds Insurance RCA Deed Other 9y-5 0 98-6 Remarks: CC: Name �1 Department 0 RCA Agreement Insurance Other P Id � oa-ReP.�o ✓ _1� Name �AI aA Denp 9emrent _ /_ RCA/ Agreement Insurance Other L 44.1-C d� Fi�l9itz 4)� ✓ ✓ �q Name Department RCA Agreement Insurance Other Risk Management Department Insurance Copy Q Fol lo«vp/agrm is/transltr (Telephone:714-536-5227► %;ITY OF HUNTINGTON BEAGrt MEETING DATE: January 20, 1998 DEPARTMENT ID NUMBER: CA-98-03 Council/Agency Meeting Held: Deferred/Continued to: WKApproved Condi Tonally Appro ed ❑ Denied C'ty Clerk's Signature Council Meeting Date: January 20, 1998 Department ID Number: CA-98-03 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator Y, 5 -s PREPARED BY: ?*GAIL HUTTON, City Attorney e5 45, SUBJECT: Approve Amending Resolutions re Goldenwest Street Widening S tatement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment( lir Statement of Issue: Resolutions Nos. 97-51 and 97-52, concerning the acquisition of certain real property for the widening of Goldenwest Street, need to be amended to include specific statutory language relating to the acquisitions of remnant property. Funding Source: Acquisitions costs are to be paid by the Developer (PLC). No City funds are required. f. Recommended Action: Adopt the attached resolutions amending Resolutions 97-51 and 97-52. Analysis: On July 21, 1997, the City Council adopted Resolutions 97-51 and 97-52, concerning the acquisition of certain real property necessary for the widening of Goldenwest Street. The widening of Goldenwest Street is an integral part of the Holly- Seacliff Development Agreement and Land Use Plan. It is apparent that the portion of the property remaining after the construction of the roadway improvements will be of such size, shape or condition as to be of little market value. In other words, the remainder of the property, after the construction of the project, will meet the legal definition of"remnant property." The City may acquire remnant property through the eminent domain process provided that the proper authorizing language for such an acquisition is included in the resolution of necessity. Efi"�4 _ 9 98-03.DOC -2- 01/07/98 2:00 PM *QUEST FOR COUNCIL ACTRN MEETING DATE: January 20, 1998 DEPARTMENT ID NUMBER: CA-98-03 The adoption of the proposed resolutions will amend the original resolutions of necessity (Resolutions 97-51 and 97-52) to include the proper statutory language for the acquisition of the remnant property. It is urged that the resolutions be adopted so that the project be completed as soon as possible. Alternative Action: Do not adopt the resolutions amending the original resolutions of necessity. Environmental Status: Not applicable. Attachments: 1. Resolution 97-51 2. Resolution 97-52 3. Proposed Resolution No. 98- 4. Proposed Resolution No. 98- S2 City Clerk's Page Number No. Description RCA Author: PDA 98-03.DOC -3- 01/07/98 2:00 PM � r RESOLUTION NO. 97-51 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. 110-211-03, 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. 110-211-03. The "Project" for the purposes of this acquisition consists of the widening and improving of Goldenwest Street; and On July 21, 1997, after no less than 15 days written notice to the record owners of the property referenced above and more specifically described in the legal description and sketch attached hereto as Exhibits "A" and"B", respectively,which legal description and sketch are incorporated herein by reference,the City Council of Huntington Beach held a hearing for the purpose of allowing the record owners of the property a reasonable opportunity to appear and be heard on the following matters: (a) Whether the public interest and necessity require the project; (b) Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; (c) Whether the property proposed to be acquired is necessary for the project; and (d) Whether the offer required by Government Code Section 7267.2 had been given; and 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 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 1 4/s:PC D:Reso1 ut:Marow 7/17197 97-51 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 : 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. 110-211-03. The Property the City seeks to acquire, and the Property interests sought, consist of a fee interest in the Property, as more specifically described in Exhibits "A" and"B"hereto. 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 road 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. ection 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. Section 5. The offer required by Government Code Section 7267.2 has been made to the record owners, by way of letter dated March 14, 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. 2 4/s:PC D:Re so 1 ut:M arow 7/11/97 • ,- 97-51 Section 9. The City Attorney in conjunction with the law firm of Rutan& Tucker is hereby authorized and directed to prepare, institute, and prosecute in the name of the City such proceedings, in the Court having proper jurisdiction thereof, as may be necessary for the acquisition of the fee interest to such property. Said counsel are also authorized and directed to obtain any necessary order of the Court granting the City the right of prejudgment and immediate possession and occupancy of the property. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 21 st day of July 1997. Mayor ATTEST: APPROVED AS TO FORM: 7 City Clerk r`i City Attorney REVIEWED AND APPROVED: INI A ED APPROVED: >ty A od Direct lic Works 3 4/s:PCD:Resolut:Marow 7/11/97 97-51 L'XEEIBI 11All - LEGAL DESCRIPTION A.P. NO. 110-211-03 LOTS. 5.7 AND 58 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. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, RIGHTS- OF-WAY, EASEMENTS AND LEASES, OF RECORD; IF ANY. Qgaf ESSIp�.q O � A 0. 19402 1\ Exp. SQ.9 ,! \jrk CIVIC VWDEN & EXHIBIT"A" SOCIATES LEGAL DESCRIPTION A.P. NO. 110-211-03 CIVIL ENGINEERS-PLANNERS-LAND SURVEYORS W.O. No. 0879-396-1 Date 7/5/97 18012 COWAN,SUITE 210 • IRVINE. CA 92714 Engr. D.C. Chk. D.W. Sheet I of 2 7141660-0110 FAX:660-0418 • EXHIBI f "B" 25' 60 30' 59 30' 58 � 57 56 25 .(j• �+ \ 54 53 �VA 52 �• J 51 50 49 EAST LINE, 5E 114, 5EG. 34, 5 ' L T. 5 5., R. 11 W., 5.B.BJ1. r�c.)' 20 J.( J J• \"nJ lS7 iq J ` 44 I V J o ERNE5T AVENUE Y 0 i I LEGEND 18 INDIGATE5 AREA G ® DE50RIBED HEREIN SCALE: 1'=100' s a V ALDEN & EXHIBIT 'B' WTGH TO ACCOMPANY A LEGAL DE5GRIPTION S S 0 CIATE S A.P. NO. 110-211-03 18012 COWAN, SUITE 210, IRVINE, CA 92714 W.O. No. 0879-396-1 Date 7151V (714) 660-0110 FAX: 660-0418 En r.��Chk. D.W Sheet_Z--Of-2y Res. No. 97-51 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at an regular meeting thereof held on the 21st day of July, 1997 by the following vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan;Green, Garofalo NOES: None .ABSENT: None City Clerk and ex-officio Cl of the City Council of the City of Huntington Beach, California G/resol uti/resUpg/97-39 46 RESOLUTION NO. 97-52 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. 110-211-02, 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. 110-211-02. The "Project" for the purposes of this acquisition consists of the widening and improving of Goldenwest Street; and On July 21, 1997, after no less than 15 days written notice to the record owners of the property referenced above and more specifically described in the legal description and sketch attached hereto as Exhibits "A" and "B",respectively,which legal description and sketch are incorporated herein by reference,the City Council of Huntington Beach held a hearing for the purpose of allowing the record owners of the property a reasonable opportunity to appear and be heard on the following matters: (a) Whether the public interest and necessity require the project; (b) Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; (c) Whether the property proposed to be acquired is necessary for the project; and (d) Whether the offer required by Government Code Section 7267.2 had been given; and 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 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 1 4/sTMAesolut:Borehett 97-52 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 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. 110-211-02. The Property the City seeks to acquire, and the Property interests sought, consist of a fee interest in the Property, as more specifically described in Exhibits "A" and "B"hereto. 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 road 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 traveling 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. Section 5. The offer required by Government Code Section 7267.2 has been made to the record owners, by way of letter dated March 14, 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. 2 4/sWD:Resolut:Borehett 97-52 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 maybe necessary for the acquisition of the fee interest to such property. Said counsel are also.authorized and directed to obtain any necessary order of the Court granting the City the right of prejudgment and immediate possession and occupancy of the property. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 21 st day of July, 1997. Mayor � ��..P ATTEST: APPROVED AS TO FORM: City Clerk ,/-"City Attorney REVIEWED AND APPROVED: INIT A E AND APP OVED: V_Lx;��A �-( City Administrator Director of bl>< Works 3 4/sTMAesolut:Borehett 97-52 . EXHIBIT"All LEGAL DESCRIPTION A.P.NO. 110-211-02 LOT-59: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. AS SHOWN ON EXHIBIT 'B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS,RESTRICTIONS,RESERVATIONS, RIGHTS- OF-WAY, EASEMENTS AND LEASES, OF RECORD, IF ANY. QVM ESS/0'j" i T o 19402 x Exp. 3 CC1V JWDEN &SOCIATES LEGAL DESCRIPTION A.P. NO. 110-211-02 CIVIL ENGINEERS-PLANNERS-LAND SURVEYORS W.O. No. 0879-396-1 Date 7/5/97 18012 COWAN,SUITE 210 • IRVINE. CA 92714 Engr. D.C. Chk. D.W. Sheet 1 of 2 714/660-0110 FAX:660-0418 97-52 EXHIBIT "B" 25' GO 59 I30' 58 30, I n 57 5G 25' `' �OJ 55 �J, ` 53 52 A J � �✓�� 51 50 49 EAST LINE, SE 114, SEC. 34, 5 ' T. 5 5., R. 11 W., 513Bt•I. rCv • A 20 Iq J I o ERNE5T AVENUE s LEGEND F18 INDICATES AREA DE50RIBED HEREIN SCALE. 1'=100' s s ExH►slr •B- ALDEN & SKETCH TO ACCOMPANY A LEGAL DESCRIPTION SSOCIATES AP. NO. 110-211-02 18012 COWAN, SUITE 210, IRVINE, CA 92714 W.O. No. 0879-396-1 Date 7/5/� (714) 660-0110 FAX: 660-0418 En r.--2r-, _Chk.__D-W — Sheet-?_OL RESOLUTION NO. . 98-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING RESOLUTION NO. 97-51 RELATING TO 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. 110-211-03, 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. 110-211-03. The "Project" for the purposes of this acquisition consists of the widening and improving of Goldenwest Street; and On July 21, 1997, after no less than 15 days written notice to the record owners of the property referenced above and more specifically described in the legal description and sketch attached hereto as Exhibit "A" and "B",respectively,which legal description and sketch are incorporated herein by reference,the City Council of Huntington Beach held a hearing for the purpose of allowing the record owners of the property a reasonable opportunity to appear and be heard on the following matters: (a) Whether the public interest and necessity require the project; (b) Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; (c) Whether the property proposed to be acquired is necessary for the project; and (d) Whether the offer required by Government code Section 7267.2 had been given; and The City Council, as a result of such hearing, determined that the public health, safety, and welfare require that the City acquire various interests in the Property more particularly described herein("Property"), for the purposes of widening and improving Goldenwest Street, and embodied such findings in a Resolution No. 97-51; and 1 4/s:4-98Reso1:Amd97-51 1-8-98 It now appears that it is necessary to amend Resolution No. 97-51, to include a recitation of the acquisition of"remnant" property, as that term is used in Code of Civil Procedure § 1240.410; 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. Resolution No. 97-51,passed by City Council on July 21, 1997, is hereby amended to add a Section 6.1 to read as follows: Section 6.1. The acquisition of property authorized herein is of the full extent of the parcel. This acquisition is authorized, and proceeds, under Code of Civil Procedure § 1240.410, in that the portion of the property remaining after the severance of the portion necessary for the roadway improvements will be left in such a size, shape and condition as to be of little market value. Section 2. The Project has been reviewed and approved under the California Environmental Quality Act by way of certification of Environmental Impart 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 environmental review attending this proposed acquisition is necessary. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the "day of , 1998. Ma r ATTEST: APPROVED AS TO FORM: 4-1 City Clerk Attorney N=147 REVIEWED AND APPROVED: E A PROVED: Acti g ty Administrator Director of Pub ' Works 2 4/sA-98Reso1:Amd97-51 1-8-98 E3C1B IT "A" LEGAL DESCRIPTION A.P. NO. 110-211-03 LOTS 57 AND 58 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. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SUBIECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, RIGHTS- OF-WAY, EASENENTS AND LEASES, OF RECORD, IF ANY. o VOFESSlp�.� ell o. 19402 ► Exp. �a'9 ! � CF �c JWDEN & EXHIBIT"A' SOCIATES LEGAL DESCRIPTION A.P. NO. 1107211-03 ' CIVIL ENGINEERS-PLANNERS-LAND SURVEYORS W.O. No. 0879-396-1 Date 7/5/97 18012 COWAN,SUITE 210 • IRVINE, CA 92714 Engr, D.C. Chk. D.W. Sheet 1 of 2 714/66"110 FA X:660.0418 EXHIBIT *5 oil. 25' 60 30' 59 30, 58 � 57 25' , A 55 C v'nn. J nr; 54 53 52 J� ✓ J' l,��� 51 50 44 EA5T LINE, 5E 114, 5EC. 34, 5 ' T. 5 5., R. 11 W., Smil. r<<J' nn` 20 J�Q ` 4-1 19 J � II VJ I o ERNES T AVENUE I LEGEND INDICATES AREA ® DESCRIBED HEREIN F SCALE: 1'=100' s M ALDEN & EXHIBIT •B• SKETCH TO ACCOMPANY A LEGAL DESCRIPTION i S S O CIATE S AP. NO. 110-211-03 18012 COWAN, SUITE ,�. .• 210, IRVINE, CA 92714 W.O. No. 879396-1 Date 7/51V�.Y. AAn—n41R nr rki, nW ChoPt 2 of 2 Res. No. 98-5 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY,the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 20th day of January, 1998 by the following vote: AYES: Julien, Harman, Dettloff,Bauer, Sullivan NOES: None ABSENT: Green(Garofalo - absent from room) City Clerk and ex-offic' Clerk of the City Council of the City of Huntington Beach, California F G/resolut✓resUpg/97-80 RESOLUTION NO. 98-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING RESOLUTION NO. 97-52 RELATING TO 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. 110-211-02, 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. 110-211-02. The "Project" for the purposes of this acquisition consists of the widening and improving of Goldenwest Street; and On July 21, 1997, after no less than 15 days written notice to the record owners of the property referenced above and more specifically described in the legal description and sketch attached hereto as Exhibit "A".and "B", respectively,which legal description and sketch are incorporated herein by reference,the City Council of Huntington Beach held a hearing for the purpose of allowing the record owners of the property a reasonable opportunity to appear and be heard on the following matters: (a) Whether the public interest and necessity require the project; (b) Whether the,project is planned or located in a manner which is most compatible with the greatest public good and the-least private injury; (c) Whether the property proposed to be acquired is necessary for the project; and (d) Whether the offer required by Government code Section 7267.2 had been given; and The City Council, as a result of such hearing, determined that the public health, safety, and welfare require'that the City acquire various interests in the Property more particularly described herein("Property"), for the purposes of widening and improving Goldenwest Street, and embodied such findings in a Resolution No. 97-52; and 1 4/s A-98Reso1:Amd97-52 1-8-98 It now appears that it is necessary to amend Resolution No. 97-52, to include a recitation of the acquisition of"remnant" property, as that term is used in Code of Civil Procedure § 1240.410; 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. Resolution No. 97-52,passed by City Council on July 21, 1997, is hereby amended to add a Section 6.1 to read as follows: Section 6.1. The acquisition of property authorized herein is of the full extent of the parcel. This acquisition is authorized, and proceeds, under Code of Civil Procedure § 1240.410, in that the portion of the property remaining after the severance of the portion necessary for the roadway improvements will be left in such a size, shape and condition as to be of little market value. Section 2. The Project has been reviewed and approved under the California Environmental Quality Act by way of certification of Environmental Impart 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 environmental review attending this proposed acquisition is necessary. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of .11998. Ma r ATTEST: APPROVED AS TO FORM: City Clerk City Attorney A,-[44 REVIEWED AND APPROVED: INITIATED AND APPROVED: 61?e-ta (ap-(�?C]�� Acting C y Administrator Director of u is Works 2 4/s:4-98Reso1:Amd97-52 1-8-98 97-52 EXHIBIT"A" LEGAL DESCRiP'1'ION A.P.NO. 110-211-02 LOT 59 OF TRACT NO. 62, IN THE CITY OF HUNIINGTON 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. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, RIGHTS- OF-WAY, EASEMENTS AND LEASES, OF RECORD, IF ANY. �o Q�'OfE{slo' F` '• 0n 19402 ' Exp.7'3 J'l'.. C1Vl� �a &VEXHIBITDEN "A' SS OCIATES LEGAL DESCRIPTION A.P. NO. 11-0-211-02 T CIVIL E`tUdNEERS—PLANNERS—LAND SURVEYORS W.O. No. 0879-396-1 Date 7/5/97 . 18012 CO WAN,SUITE 210 • IRVINE, CA 92714 EAgr. D.C. Chk. D.W. Sheet 1 of 2 714/660-0110 FAX:660-0419 97-52 EXHIBIT "B" 25' GO 59 130' 58 30' 57 5G 25' A \y I J 54 53JCr��'\ 52 J.c J. 51 50 49 1 EAST LINE, 5E 114, SEG. 34, 5 ' T. 5 5., R. 11 W., 5.3B11. 20 4-1 Ole- 19 A ERNES T AVENUE o LEGEND 18 INDICATES AREA ® DESCRIBED HEREIN s SCALE. 1'=100' s ALDEN & EXHIBIT 'B' SICETGH TO AGGOWANY A LEGAL DE50RIPTION _ S S 0 CIATE S AP. NO. 110-211-02 r' 18012 COWAN, SUITE 210, IRVINE, CA 92714 W O. Na 0879-39G-1 --- - - . Date 715/97 - n r ... • n tU CL --& 7 nc ) . Res. No. 98-6 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) .ss: CITY OF.HUNTINGTON BEACH ) . I, CONNIE BROCKWAY,the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 20th day of January, 1998 by the following vote: AYES: Julien,Harman,Dettloff,Bauer, Sullivan NOES: None. ABSENT: Green(Garofalo - absent from room) c� City Clerk and ex-officio C erk of the City Council of the City of Huntington Beach, California Ghescluti/resRpg/97-80 RCA ROUTING SHEET INITIATING DEPARTMENT: City Attorney SUBJECT: Goldenwest Street Widening COUNCIL MEETING DATE: January 20, 1998 AMA Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attomey) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attomey) Not Applicable Certificates of Insurance (Approved by the City Attomey) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS: .. .. . REVIEWED RETURNED FOR RDED .... .. _. . Administrative Staff ( ) ( ) Assistant City Administrator (Initial) City Administrator (Initial) ( ) ( ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM. Only)(Below Space For City Clerk's Use RCA Author: - 1I4� vhFi�-.75�GJ Council/Agency Meeting Held: -71-21A6 Deferred/Continued to: &r/Approved ❑ Conditionally Approved ❑ Denied City CI rk's Signature Council Meeting Date: July 21, 1997 Department ID Number: AS-97-032 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION 5 SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS 'R�1 SUBMITTED BY: MICHAEL T. UBERUAGA, City AdministratoMEnvironmental PREPARED BY: ROBERT J. FRANZ, Deputy City Administra SUBJECT: PROPERTY ACQUISITION GOLDENWEST Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysischment(s) Statement ofIssue: 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 has progressed to the point where possession is now necessary. A Resolution for Need and Necessity, approved by the City Council, is needed for the City's acquisition of 2 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 two Resolutions of Need and Necessity and authorize the Mayor and City Clerk to execute same. 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 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 three parcels as shown on the list attached. The Real Estate Services Division, together with outside legal services, Rutan and Tucker, has been actively negotiating for some months with the owners of these parcels. - Each owner has been provided with the City's last and final offer, but have not agreed with the City's price. The next step in the acquisition process is the request for Resolution of Need and Necessity. " 5 REQUEST FOR COUNCIL ACTION MEETING DATE: July 21, 1997 DEPARTMENT ID NUMBER: AS-97-032 Alternative Action: Do not adopt Resolutions of Necessity at this time. Environmental Status: Not applicable. Attachments): City Clerk's Page Number _.. _. ............ _ .......... . ........ . ......... 1. List of property needed. 2. Maps of area. 3. Hearing notices 4. Resolutions RCAGWNN3.DOC -2- 07/14/97 2:33 PM i7'/ • CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH ' TO: Honorable Mayor Bauer and Members of the City Council FROM: Gail Hutton, City Attorney DATE: July 16, 1997 SUBJECT: Mayor's Statement Before Hearing on Eminent Domain Resolution City Council Meeting of.July 21, 1997; Agenda Item F-5 Before the hearing on the Resolution of Necessity for the Goldenwest Street Widening Project at the City Council meeting on july 16, 1997,the Mayor should announce the following: 1. This agenda item is a specially noticed hearing held under Code of Civil Procedure Section 1245.235. Only those persons who have been specially noticed and have previously requested to appear and be heard, or their designees, under Code of Civil Procedure Section 1245.235, shall be heard at this time. 2. The subject matter of this special hearing is limited to only those matters included in the proposed resolutions. The amount of compensation is not at issue during this public hearing. It will be decided by the courts at a later date,should the resolutions be adopted. 3. A two-thirds majority of the entire City Council is required to adopt the resolutions; the resolutions must receive five affirmative votes to be adopted. Other comments by the Mayor, as appropriate, may also be made,but the above items 1 through 3 must be stated before opening the special hearing. Gail Hutton -�� City Attorney cc: Michael Uberuaga, City Administrator Connie Brockway, City Clerk gA4\97memos\emdomstm F- s 7/16/97 C ATTACHMENT # 1 Il I1 LIST OF PROPERTIES BY AP NUMBER AND OWNER'S: Parcel # Owner Take Square footage AP #110-211-02 Borghetti Full 2,800 sq. ft. AP #110-211-03 Marow Full 5,600 sq. ft. ATTACHMENT #2 MIDI 11�II111 .._.. I PleEEL il[IlQfii��� Tim El_ PARCEL 3 --- Ill IWUWI ELLIS W1WI �� A . - _ Ilflliflilif_ ITS_ __ :, • � L ... . ".< �: ' �.:: Cl.a-_ -❑7=LL� L11 mil.__ ANl( :��\��:�>�� l \• SITE .\\. Pi.q•� \P LAJ PMCCL - \ No .�•'\ PARCEL , =1-e a cl OE' _ 03 ••PARCEL 7 \\\\ nu PARCEL I%� t�Y; .\[` E� \ ;-\ \ - - - J _ sm PARCEL 6 \\\\\ -- �. swt r.tw HOLLY—SEACLIFF MASTER Ln \ . \ i• PLAN AREA PROPERTIES COVERED BY DEVELOPMENT AGREEMENT Yy \ 3 NO. 90-1 PROPERTIES TO BE SOLD 10 PLC MSREF \ `\'\ YORKTOWAVENUE IV T� .J.1....V -rr .J`v. �/'/'� I . / /.� i►. rr. 0 THIS MAP WAS PREPARED FOR ORANGE 11 p-- 21 . COUNTY ASSESSOR DEPT. PUR 47 THE ASSESSOR MAKES NO GUARANTEE AS T ITS ACCURACY NOR ASSUMES ANY LIABILITY '• = 100 _ FOR OTHER USE& NOT 0 D. .9E REPRODUCE ALL RIGHTEa S E COUNTY ASSESSOR 1994 " STREET e p9• -- 33' - 4 66• h __ SLOPE____ _ESMT. s 2 o Jos. �. 250' _ J I 1 I I I 30' • I I I 1 2 p 1 1 iy 0 9 5 157 55 54 153 i52 151 150 149 48 46 4 44. 43 42 41 40139 138 I J7 14 13 12 11 10 9 8 7 E � n i 3 210 PATRICK LOT C STREET ' . e�( �� 23'12 ,,.� r ■ ■ ■ R.S. 110-18 v � 25• t" o n � otl ,0 � oo o � , 4567 $1.405 AC. ,� 9 10 11 12 0 `' 4.78 AC. 36 35 134 33 32 31 30 29 28 27 126 25 ' . P. M. 4 2 — 2 5 _, 24 23 122 21 20 19 18 17 16 1 15 114 13 I I I 22 21 20 19 18 17 16 15 14 33• N h I i � '25• 150- 5• 5 I 's CEDAR ,GLEN LOT a STREET 25, O ■ ■ r 25 8 j 1 2 3 4 5 1. 9 10 11 12 . ATTACHMENT #3 • w �y1INS \ & OFFICE OF CITY ATTORNEY ,6f tr c' P.O. Box 190 2000 Main Street Telephone Gail Hutton Huntington Beach, California 92648 (714) 536-5555 City.Attorney Fax (714) 374-1590 June 27, 1997 Mr. Ronald Borghetti 1208 Disney Circle Huntington Beach, CA 92646 re: Goldenwest Right of Way Project Dear Mr. Borghetti: Please note the following change to the Notice of Intention to Adopt a Resolution of Necessity (copy attached) which was sent to you by Paul Larkin on May 30, 1997: The City Council meeting date referenced in the Notice has been changed from June 30, 1997 to July 21, 1997. All other information in the Notice remains the same. If you have any questions please contact me at the phone number listed above at your earliest convenience. GAIL HUTTON City Attorney by: Paul D'Alessandro Deputy City Attorney cc: Robert Franz Dan Brennan Paul Larkin David Cosgrove g:4:97letters:newdate . G` M Xo.,>3 NOTICE OF INTENTION TO ADOPT A RESOLUTION OF NECESSITY FOR ACQUISITION OF CERTAIN UNIDENTIFIED REAL PROPERTY IDENTIFIED AS ASSESSOR PARCEL NO. 110-211-02 TO: RONALD P. BORGHETTI This notice is sent to you by mail under requirements of California Code of Civil Procedure Section 1245 .235 . This notice concerns certain unimproved property identified as Assessor's Parcel No. 110-211-02 in the City of Huntington Beach. The City of Huntington Beach ( "City" ) has been investigating the acquisition of this property for accommodation of a roadway widening project ( "Project") . You were previously contacted by an appraiser retained by the City and given an opportunity to accompany the appraiser on an inspection of the property. California Code of Civil Procedure Section 1240 . 030 provides that the power of eminent domain may be exercised to acquire property for a proposed public project if the following conditions are established: A. The public interest and necessity require the project; B. The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; C. The property sought to be acquired is necessary for the project.; D. The offer required by Section 7267 .2 of the Government. Code has been made to the owner of record. This notice is sent to inform you that the City of Huntington Beach will be asked to decide if the above conditions are met concerning the City' s acquisition of the above-referenced property as described above. This meeting will be held at or about 7:00 p.m. on June 30, 1997 in the City Council Chambers located at 2000! Main Street, Huntington Beach, California 92648 . If these conditions are met, the City will be asked to adopt a resolution of necessity, which is a prerequisite for the City' s initiation of eminent domain proceedings to acquire the property. For your information and convenience, a description of the . property is attached to this notice. If you would like further information regarding the project, please contact Mr. Paul Larkin at (714) 536-5445 . Please be advised that you are entitled to appear and be heard on any of the matters encompassed within the resolution, specifically those matters listed above, and whether the City has 780i003821-001713om28. ao5r29197 -1- the legal right and has followed the procedures required to acquire the property by eminent domain. If you desire to appear and be heard, please file a written request to appear with Connie Brockway, City Clerk, at City Hall for the City of Huntington Beach, at the above address . Please note that your failure to file a timely written request to appear and be heard will result in a waiver of that right. Please also take notice that if you wish to legally challenge any action taken by the adoption of the resolution of necessity, any of the findings or matters included within it, or any of the actions taken pursuant to it, you may be limited in court to raising only those issues raised at the .resolution of necessity hearing, or in written correspondence delivered to the Agency at, or prior to, the hearing on the matter. The City must adopt a resolution of necessity before an eminent domain proceeding can commence. Within six (6) months after the adoption of a resolution of necessity, the City may commence eminent domain proceedings in the Orange County Superior Court. In any such proceeding, ' the court will be asked . to determine the amount of just compensation to which you may be entitled in the event the property is taken in eminent domain. 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. Very truly yours, CITY OF HUNTINGTON BEACH By: Paul Larkin Real Estate Agent PL:jas 780/003821-0017/3077728. a05/28/97 -2'- DECLARATION OF PAUL LARRIN I, Paul Larkin, declare: 1. The facts below are known personally to me andif called upon to testify, I could and would competently testify thereto. 2 . I am employed by the City of Huntington Beach as a Real Estate Agent. 3 . I caused the original of the Notice of Intention to Adopt a Resolution of Necessity for Acquisition of Certain Unimproved Real Property Identified as Assessors Parcel No. 110-211-02, located in the City of Huntington Beach to be mailed by- certified mail to the owner of such property, Ronald P. Borghetti. 4 . I also caused a copy of the above-referenced Notice to be mailed by first class mail to the above-referenced owners . I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 3D day of May, 1997, at Huntington Beach, California. Paul Larkin J� 780/003821-0017/3078178. s05/28/97 ��►ursto� �& OFFICE OF CITY ATTORNEY �feprrrn * P.O. Box 190 2000 Main Street Telephone Gail Hutton Huntington Beach, California 92648 (714) 536-5555 Ciry Attorney Fax (714) 374-1590 June 27, 1997 Mr. Milton H. Marow 864 N. Bundy Drive Los Angeles, CA 90049-1507 re: Goldenwest Right of Way Project Dear Mr. Marow: Please note the following change to the Notice of Intention to Adopt a Resolution of Necessity(copy attached)which was sent to you by Paul Larkin on May 30, 1997: The City Council meeting date referenced in the Notice has been changed from June 30, 1997 to July 21, 1997. All other information in the Notice remains the same. If you have any questions please contact meat the phone number listed above at your earliest convenience. GAIL HUTTON City Attorney by: Paul D'Alessandro Deputy City Attorney cc: Robert Franz Dan Brennan Paul Larkin David Cosgrove g*97lettersmewdate NOTICE OF INTENTION TO ADOPT A RESOLUTION OF NECESSITY FOR ACQUISITION OF CERTAIN UNIMPROVED REAL PROPERTY IDENTIFIED AS ASSESSOR PARCEL N0: 110-211-03 - TO: MI,LTON H. AND MIGNON MAROW This notice is sent to you by mail under requirements of California Code of Civil Procedure Section 1245 .235 . This notice concerns certain unimproved property identified as Assessor' s Parcel No. 110-211-03 in the City of Huntington Beach. The City .of Huntington Beach ( "City" ) has been investigating the acquisition of this property. for accommodation of a roadway widening project , ( "Project" ) . You were previously contacted by an appraiser retained by the City and given an opportunity to accompany the appraiser on an inspection of the property. California Code of Civil Procedure Section 1240 . 030 provides that the power of eminent domain may be exercised to acquire property for a proposed public project if the following conditions are established: A. The public interest and necessity require the project; B. The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; C. The property sought to be acquired is necessary for the project; D. The offer required by Section 7267.2 of the Government Code has been made to the owner of record. This notice is sent to inform you that the City of Huntington Beach will be asked to decide if the above conditions are met concerning the City' s acquisition of the above-referenced property as described above. This meeting will be. held at or about .7: 00 p.m. on June 30, 1997 in the City Council Chambers located at 2000 Main Street, Huntington Beach, California 92648 . If these conditions are met, the City will be asked to adopt a resolution of necessity, which is a prerequisite for the City' s initiation of eminent domain proceedings to acquire the property. For your information and convenience, a description of the property is attached to this notice. If you would like further information regarding the project, please contact Mr. ,Paul Larkin at (714) 536-5445 . Please be advised that you are entitled to appear and be heard on any of the matters encompassed within the resolution,. specifically those matters listed above, and whether the City has 780/003821-0017/3077729. a05/29/97 -1- the legal right and has followed the procedures required to acquire the property by eminent domain. If you desire to appear and be heard, please file a written request to appear with Connie Brockway, City Clerk, at City Hall for the City of Huntington Beach; at the above address . Please note that your failure to file a timely written request to appear and be heard will result in a waiver of that right. Please also take notice that if you wish to legally challenge any . action taken by the adoption of the resolution of necessity, any of the findings or matters included within it, or any of the actions taken pursuant to it, you may be limited in court to -,raising only those issues raised at. the resolution of necessity hearing, or in written correspondence delivered to the Agency at, or prior to, the hearing on the matter. The City must adopt a resolution of necessity before an eminent domain proceeding can commence. Within six (6) months after the adoption of a resolution of necessity, the City may commence eminent domain proceedings in the Orange County Superior Court . In any such proceeding, the court will be asked to determine the amount of just compensation to which you may be entitled in the event the property is taken in eminent domain. 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. Very truly yours, CITY OF HUNTINGTON BEACH By: Paul Larkin Real Estate Agent PL:jas 780/003821-001713077729. a05/29/97 -2- DECLARATION OF PAUL LARKIN I, Paul Larkin, declare: 1. The facts below are known personally to me and if called upon to testify, I could and would competently testify thereto. 2 . I am employed. by the City of Huntington Beach as a Real Estate Agent. 3 . I caused the original of the Notice of Intention to Adopt a Resolution of Necessity for Acquisition of Certain Unimproved Real Property Identified as Assessors Parcel No. 110-211-03, located in the City of Huntington Beach to be mailed by certified mail to the owners of such property, Milton H. and Mignon Mar ow: 4 . I also caused a copy of the above-referenced Notice to be mailed by first class mail to the above-referenced owners . I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct . Executed this �c7 day of May, 1997, at Huntington Beach, California. „ Paul Larkin 780/003821-0017/3079174. a05/29/97 ATTACH M E N T #4 RESOLUTION NO. 97-51 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. 110-211-03, 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. 110-211-03. The "Project" for the purposes of this acquisition consists of the widening and improving of Goldenwest Street; and On July 21, 1997, after no less than 15 days written notice to the record owners of the property referenced.above and more specifically described in the legal description and sketch attached hereto as Exhibits "A" and"B",respectively, which legal description and sketch are incorporated herein by reference, the City Council of Huntington Beach held a hearing for the purpose of allowing the record owners of the property a reasonable opportunity to appear and be heard on the following matters: (a) Whether the public interest and necessity require the project; (b) Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; (c) Whether the property proposed to be acquired is necessary for the project; and (d) Whether the offer required by Government Code Section 7267.2 had been given; and 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 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 _ 1 4/s:PCD:Reso1ut:Marow 7/17/97i.,. s 97-51 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. 110-211-03. The Property the City seeks to acquire, and the Property interests sought, consist of a fee interest in the Property, as more specifically described in Exhibits "A" and`B"hereto. 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 road 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. Section 5. The offer required by Government Code Section 7267.2 has been made to the record owners, by way of letter dated March 14, 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 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. _ 2 Y.. 4/s:PCD:Resol ut:Marow 7/11/97 97-51 Section 9. The City Attorney in conjunction with the law firm of Rutan& Tucker is hereby authorized and directed to prepare, institute, and prosecute in the name of the City such proceedings, in the Court having proper jurisdiction thereof, as may be necessary for the acquisition of the fee interest to such property. Said counsel are also authorized and directed to ° obtain any necessary order of the Court granting the City the right of prejudgment and immediate possession and occupancy of the property. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a i regular meeting thereof held on the 21 st day of July 1997. 'S Mayor ATTEST: APPROVED AS TO FORM: -7/1 f 1`I7 City Clerk �`i City Attorney REVIEWED AND APPROVED: INI A ED A APPROVED: ><ty Admi ' trator Direct r of blic Works 3 4/s:PCD:Reso1ut:Marow 7/11/97 97-51 EXIT l.itLr I I"All "Af l l*� LEGAL DES L ON A.P.NO. 110-211-03 LOTS 57 AND 58 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. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, RIGHTS- OF-WAY, EASEMENTS AND LEASES, OF RECORD, IF ANY. e� FE ssra�,q�� 0. 19402 Exp. -9 \Jl CIVIL F C4�.�E� VWDEN & EXHIBIT"A' SOCIATES LEGAL DESCRIPTION A.P. NO. 110-211-03 CIVIL ENGINEERS-PLANNERS-LAND SURVEYORS W.O. NO. 0879-396-1 Date 7/5/97 18012 COWAN,SUITE 210 • IRVINE, CA 92714 Engf. D.C. Chk. D.W. Sheet I Of 2 714/660-0110 FAX:660.0418 EXHIBIT "B" 25' 60 30' 5q 30, 58Ile, I. r'V 56 25 �(J• rev k. i \ \ 54 \:r• �� 52 51 50 4q EAST LINE, SE 114, SEC. 34, 5 ' T. 5 S., R. 11 W., SBA M. r<(. ""` 20 Jn � `I l`,\\. % Lw lq J I Lw • o ERNEST AVENUE LEGEND 18 INDICATES AREA ® DE50RIBED HEREIN SCALE: 1'=100' s *LDEN & EXHIBIT 'B' SKETCH TO ACCOMPANY A LEGAL DESCRIPTION SSOCIATES AP. NO. 110 211-03 18012 COWAN, SUITE 210, IRVINE, CA 92714 W.O. No. 0879_3g6-1 Date 715127 (714) 660-0110 FAX: 660-0418 En r.--2L—Chk.-kA— Sheet-L-Of-2, Res. No. 97-51 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at an regular meeting thereof held on the 21st day of July, 1997 by the following vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: None City Clerk and ex-officio Cl of the City Council of the City of Huntington Beach, California G/resol ut i/resbkpg/97-39 RESOLUTION NO. 97-52 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. 110-211-02, 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. 110-211-02. The "Project" for the purposes of this acquisition consists of the widening and improving of Goldenwest Street; and On July 21, 1997, after no less than 15 days written notice to the record owners of the property referenced above and more specifically described in the legal description and sketch attached hereto as Exhibits "A" and "B",respectively, which legal description and sketch are incorporated herein by reference, the City Council of Huntington Beach held a hearing for the purpose of allowing the record owners of the property a reasonable opportunity to appear and be heard on the following matters: (a) Whether the public interest and necessity require the project; (b) Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; (c) Whether the property proposed to be acquired is necessary for the project; and (d) Whether the offer required by Government Code Section 7267.2 had been given; and 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 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 1 4/s:PCD:Reso1ut:Borehett 97-52 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. 110-211-02. The Property the City seeks to acquire, and the Property interests sought, consist of a fee interest in the Property, as more specifically described in Exhibits "A" and "B"hereto. 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 road 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 traveling 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. Section 5. The offer required by Government Code Section 7267.2 has been made to the record owners, by way of letter dated March 14, 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. Y r 2 4/s:PCD:Reso1ut Borehett 97-52 Section 8. The City Council hereby declares it is its intent to acquire the full fee interest in the above-referenced property in the City's name in accordance with the provisions of the laws of the State of California. Section 9. The City Attorney in conjunction with the law firm of Rutan& Tucker is hereby authorized and directed to prepare, institute, and prosecute in the name of the City such proceedings, in the Court having proper jurisdiction thereof, as may be necessary for the acquisition of the fee interest to such property. Said counsel are also authorized and directed to obtain any necessary order of the Court granting the City the right of prejudgment and immediate possession and occupancy of the property. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 21 st day of July, 1997. /J Mayor ATTEST: APPROVED AS TO FORM: G101<� 4�� Pl--kt k City Clerk ,/'-City Attorney ,--- REVIEWED AND APPROVED: INIT A E AND APP OVED: City Administrator Director of bli Works 3 4/sTMAesolut:Borahett 97-52 , EXHIBIT"A" LEGAL DESCRIPTION A.P.NO. 110-211-02 LOT 59 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. AS SHOWN ON EXHIBIT 'B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS,RESERVATIONS, RIGHTS- OF-WAY, EASEMENTS AND LEASES, OF RECORD, IF ANY. 1 o QROFESS/pyat 19402 tix . Exp..7 3 c vl\t coQ��a �4y,�r Ck �Ej VWDEN & EXHIBIT "A' SOCIAT,ES LEGAL DESCRIPTION A.P. NO. 110-211-02 CIVIL ENGINEERS-PLANNERS-LAND SURVEYORS W.O. No. 0879-396-1 Date 7/5/97 18012 COWAN,SUITE 210 • IRVINE,CA 92714 Engr. D.C. Chk. D.W. Sheet 1 of 2 714/660-0110 FAX:660-0418 EXRIBI 25' 60 59 130, 58 300 I 57 56 . 25'% v 55 I \J 54 n 5352 �• J 51 50 49 EAST LINE, 5E 114,.SEC,. 34, 5 ' T. 5 5., R. 11 W., 513B.M. Cw• ^, +�•, 20 , J ^ � Lw J `• ���,\ I 19 J �— t� Z A ERNEST AVENUE g � 9 LEGEND 18 INDICATES AREA ® DESCRIBED HEREIN s SCALE: 1'=100' 8 ALDEN & ExHlalr •B- SKETCH TO ACCOMPANY A LEGAL DE50RIPTION SSOCIATES AP. NO. 110-211-02 16012 COWAN, SUITE 210, IRVINE, CA 92714 W.O. No. 0874-396-1 Date 7/5/97 (714) 660-0110 FAX: 660-0416 En r.-_-QC._Chk. D.W. Sheet-?—Of_? Res. No. 97-52 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at an regular meeting thereof held on the 21st day of July, 1997 by the following vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: None City Clerk and ex-officio gerk of the City Council of the City of Huntington Beach, California G/resol uti/resbkpg/97-39 RCA ROUTING SHEET INITIATING DEPARTMENT: ADMINISTRATIVE SERVICES SUBJECT: GOLDENWEST RIGHT-OF-WAY NEED AND NECESSITY COUNCIL MEETING DATE: July 21 , 1997 RSA 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 s' { Certificates of Insurance (Approved by the City Attorney) Not Applicabler 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 EXPILANATI N FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED; Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ) City Administrator (Initial) City Clerk ( ) EXPLANATION FOR RETURN O'F ITEM Only)(Below Space For City Clerk's Use RCA Author: o .