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HomeMy WebLinkAboutORD 3771 - REVISED PLAN STATEMENT PURSUANT TO HEALTH AND SA Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County,State of California,under date of Aug.24, 1994,case A50479. PROOF OF PUBLICATION STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) CITY OF HUNTINGTON BEACH I am the Citizen of the United States and a LEGAL NOTICE 771 resident of the County aforesaid; I am over oRDI Addoo ttedb t6 the age of eighteen years, and not a party City oil to or interested in the below entitled matter. "AN ORDINANCE OF THE' am a principal clerk of the HUNTINGTON CI OFUNHUNTOF THE.IINGTON1 BEACH INDEPENDENT, a newspaper of SCRIBtING THEOREDE'VE�-: THE AGENCY ofgeneral circulation, Printed and published in THE CITY.OF HUNTING- the City of Huntington Beach, County of TON ACQUIRE•PROPE TY' Orange State of California and the WITHIN THE HUNTING- TON BEACH REDEVEL-' attached Notice is a true and complete copy A L S O T PROJECT has' as was t printed and ublished on the MERGED PROJECT p AREA BY EMINENT DO- - following date(s): SYNOPSIS: THIS ORDINANCE DOES NOT ALTER, MODIFY, ADD TO,OR EXTEND THE AGENCY'S EXISTING EMINENT DOMAIN POW- ERS UNDER THE RE- DEVELOPMENT PLAN. THE, ORDINANCE MERELY CONTAINS A THE JULY 26, 2007 AGENCY DESCRIPTION'SEXOIST NG PROGRAM TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN. ANY AMENDMENTS TO THE AGENCY'S EMINENT DO-, MAIN POWERS MUST BE! A,CC 0-M P L I SHE'D 'THROUG`H' A PLAN AMENDMENT PROLE- DUKE. THE FULL TEXT OF THE ORDINANCE IS .AVAIL-j declare, under penalty of perjury, that the ABLE IN THE:. CITY' foregoing is true and correct. PASSED AND ADOPTED' by the City°Council of the City of Huntington Beach at a regular meet- ing held July'16,2007 by Executed on JULY 2 6, 2 0 0 7 the following roll call vote: AYES: Carchio, 'Cook, at Huntington Beach, California Green,Hansen,Hardy NOES:Coerper ABSTAIN:Bohr ABSENT:None .This ordinance is effec- live 30' days' after i i adoption. CITY OF UNTINGTON BEACH Signature 2000 MAN STREET HUNTINGTON BEACH, CA-92648 714-536-5227 JOAN L.FLYNN; CITY CLERK 'Published Huntington Beach Independent July 26,2007 _ 074-665 Ord. No. 3771 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, 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 ordinance was read to said City Council at a regular meeting thereof held on the 2nd day of July,2007,and was again read to said City Council at a regular meeting thereof held on the 16th day of July,2007, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio, Cook, Green, Hansen, Hardy NOES: Coerper ABSENT: None ABSTAIN: Bohr 1,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on July 26,200T In accordance with the City Charter of said City PA&4i Joan L. Flynn City Clerk 4 Clerk and ex-officiolvierk Deputy city Clerk of the City Council of the City of Huntington Beach, California ATTACHMENT #2 Recorded in Official Records, Orange County RECORDING REQUESTED BY AND Tom Daly, Clerk-Recorder WHEN RECORDED, RETURN TO: Illllllllllllllllllilllllllillillliilllillillllllllllllllllllllllllllllllll NOFEE 200700046456410:30am 07/25/07 The Redevelopment Agency of the City of 203 195 S08 21 Huntington Beach 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2000 Main Street, 2nd F1 oor - Huntington Beach, CA 92648 Attention: t Agency Clerk (Free Recording Requested Pursuant to Gov't Code Section 6103)% I THE PROPERTY THAT IS THE SUBJECT OF THIS STATEMENT IS LOCATED WITHIN THE HUNTINGTON BEACH REDEVELOPMENT PROJECT(OR ALSO KNOWN AS MERGED PROJECT)AREA HUNTINGTON BEACH REDEVELOPMENT PROJECT (OR ALSO KNOWN AS MERGED PROJECT)AREA STATEMENT (RECORDING REQUIRED BY CALIFORNIA HEALTH & SAFETY CODE § 33373) 1. The City Council of the City of Huntington Beach ("City Council") activated the Redevelopment Agency of the City of Huntington Beach ("Agency")on March 1, 1976. 2. Pursuant to Ordinance No. 2576, adopted on September 20, 1982, the City Council approved and adopted a redevelopment plan for the Yorktown-Lake Redevelopment Project Area("Yorktown-Lake Area"). 3. Pursuant to Ordinance No. 2577, adopted on September 20, 1982, the City Council approved and adopted a redevelopment plan for the Talbert-Beach Redevelopment Project Area ("Talbert-Beach Area"). 4. Pursuant to Ordinance No. 2578, adopted on September 20, 1982, the City Council approved and adopted a redevelopment plan for the Main-Pier Redevelopment Project Area ("Original Main-Pier Area"). On September 6, 1983, the City Council amended the redevelopment plan for the Original Main-Pier Area by adopting Ordinance No. 2634 to enlarge the Original Main-Pier Area ("Added Main-Pier Area"). 5. Pursuant to Ordinance No. 2582, adopted on November 1, 1982, the City Council approved and adopted a redevelopment plan for the Oakview Redevelopment Project Area ("Oakview Area"). On July 5, 1989, the City Council amended the redevelopment plan for the Oakview Area by adopting Ordinance No. 3002 to extend certain time and financial limits and establish the Agency's eminent domain authorities. 6. Pursuant to Ordinance No. 2743, adopted on November 26, 1984, the City Council approved and adopted a redevelopment plan for the Huntington Center Commercial District Redevelopment Project Area ("Huntington Center Commercial District Area"). 1 7. On December 16, 1996, the City Council amended and merged the redevelopment plans for Yorktown-Lake Area, Talbert-Beach Area, 'Original and Added Main-Pier Areas, Oakview Area, and Huntington Center Commercial District Area, establishing the Redevelopment Plan for the Huntington Beach Redevelopment Project ("Merged Project Area"), by approving and adopting Ordinance No. 3343 (hereinafter referred to collectively as the "Plan"). On July 15, 2002, the City Council amended the Plan by adopting Ordinance No. 3566 to rescind the time limit to incur debt on July 15, 2002. 8. The Merged Project Area contains the properties described in the LEGAL DESCRIPTIONS, attached hereto as Exhibit`B" and incorporated herein by this reference, and is depicted in the PROJECT AREA MAPS, attached hereto as Exhibit"A" and incorporated herein by this reference. 9. The general authorization for the Agency's use of eminent domain powers within the Merged Project Area is set forth in the Plan as follows: A. The following provisions described in Section VI (600), paragraph B (602), and subparagraph 1 (603) entitled Property Acquisition and Acquisition of Real Property, respectively: [T]he Agency may acquire real property, any interest in property, and any improvements on such property by eminent domain. 10. The limitations on the Agency's use of eminent domain power within the Merged Project Area by the Agency are the following: A. The following provisions described in Section VI (600), paragraph B (602), and subparagraph 1 (603) entitled Property Acquisition and Acquisition of Real Property, respectively: [T]he Agency may acquire real property, any interest in property, and any improvements on such property by -eminent domain, with the following exceptions: a. Within the Yorktown-Lake Area and Talbert-Beach Area, the Agency shall not have the authority to acquire property by eminent domain, b. Within the Original Main-Pier Area and Added Main-Pier Area, the Agency shall-not have the authority to.acquire, by eminent domain, property on which any persons legally reside; and this new limitation shall supersede any and all previous limitations on the Agency's powers of eminent domain within the Original and Added Main-Pier Areas including, but not limited to, Resolution No. -- -- 48, and c. Within the Oakview:Area, the Agency shall not have the authority to acquire;by eminent domain,property which is excluded from the Oakview Public Acquisition Map, Exhibit D [in the Plan]. - 2 Except for the Oakview Area and as otherwise provided herein, or otherwise provided by law, no eminent domain proceeding to acquire property within the [Merged] Project Area shall be commenced after twelve (12) years following the date of adoption of the ordinance adopting this Plan. With respect to properties identified on Exhibit D [in the Plan], no eminent domain proceeding to acquire property in the Oakview Area shall be commenced after twelve (12) years following the July 5, 1989 adoption of Ordinance No. 3002, amending the Redevelopment Plan for the Oakview Redevelopment Project. This Plan does not amend, or otherwise change, the Agency's eminent domain authorities established by the adoption of Ordinance No. 3002. Such time limitations may be extended only by amendment of this Plan. B. Such limitations may be extended only by amendment of the Plan in the manner required by law. 11. This Huntington Beach Redevelopment Project (or also known as the Merged Project) Area Statement is recorded in conformance with California Health and Safety Code section 33373. IN WITNESS WHEREOF, the authorized representative of the Agency has executed this instrument. REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH Chairperson ATTEST: APPROVED AS TO FORM: JL W�4� rncy lerk+ / (Pency I 3 EXHIBIT "A" PROJECT AREA MAPS 4 Council/Agency Meeting Held: 7Z a2-dam Deferred/Continued toAbnena I[Approved ❑ Conditionally Approved ❑ enied [� C I k's g ature Council Meeting Date: 7/2/2007 Department ID Number: ED 07-20 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL/REDEVELOPMENT AGENCY ACTION SUBMITTED TO: HONORABLE MAYOR/CHAIRMAN AND CITY COUNCIL MEMBERS/ EDEVELOPMENT AGENCY-MEMBERS SUBMITTED BY: PENELO E CULB ETH-G DPA, CI ADMINISTRATOR/ EXECU IVE DIRECTOR PREPARED BY: STANLEY SMALEWITZ, DIRECTOR OF ECONOMIC DEVELOPMENT/ DEPUTY EXECUTIVE DIRECTOR SUBJECT: APPROVE AN ORDINANCE AND REVISED PLAN STATEMENT THAT AFFIRMS THE REDEVELOPMENT AGENCY'S RESTRICTIONS ON THE USE OF EMINENT DOMAIN IN THE MERGED PROJECT AREA Statement of issue,Funding Source,Recommended,Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The City Council is asked to adopt an ordinance regarding the Redevelopment Agency's existing program for the use of eminent domain in the Merged Project Area. The Agency is also asked to execute and record the Revised Plan Statement pursuant to Health and Safety Code Section 33373 (SB 1809). Funding Source: Not applicable. Recommended Action: Motion to: 1. Adopt Ordinance No. 3771 "An Ordinance of the City Council of the City of Huntington Beach, California, Describing the Redevelopment Agency of the City of Huntington Beach's Program to Acquire Property Within the Huntington Beach Redevelopment Project (or also known as Merged Project) Area by Eminent Domain." (See Attachment 1). 2. Authorize the Chairperson and Agency Clerk to execute and record the Revised Plan Statement pursuant to Health and Safety Code Section 33373 (SB 1809) See Attachment 2). REQUEST FOR COUNCIL/REDEVELOPMENT AGENCY ACTION MEETING DATE: 7/2/2007 DEPARTMENT ID NUMBER: ED 07-20 Alternative Action(s): Do not adopt the ordinance mandated by Senate Bill 53. This action could result in future fines and penalties for non-compliance with State Law. Analysis: In Kelo v. the City of New London, (2005) 125 S. Ct. 2655, the United States Supreme Court ruled that it was not a violation of the federal constitution for a local government entity in Connecticut to take private property by eminent domain for "economic development" purposes. Even though redevelopment agencies have no such powers in California, where redevelopment eminent domain is strictly limited to the elimination of blight, the California Legislature felt compelled to react to this ruling by adopting several bills in 2006 to prevent a perceived misuse of eminent domain and redevelopment powers by local government entities. SB 53 added Health and Safety Code Section 33342.7, which requires each legislative body that adopted a final redevelopment plan before January 1, 2007 to adopt an ordinance containing a description of the agency's program to acquire real property by eminent domain. Pursuant to SB 53 and Section 33342.7 of the Redevelopment Law, the City Council, as the Agency's legislative body, is required to adopt such an ordinance (Attachment 1) for the Merged Redevelopment Project Area. An ordinance for the Agency's Southeast Coastal Project Area is being submitted separately for Council approval. The attached ordinance does not alter, modify, add to, or extend the Agency's existing eminent domain powers under the Redevelopment Plan. The ordinance merely contains a description of the Agency's existing program to acquire real property by eminent domain. Any amendments to the Agency's eminent domain powers must be accomplished through a plan amendment procedure. The general authorization for the Agency's use of eminent domain in the Merged Redevelopment Project Area is as follows: The Agency may acquire real property, any interest in property, and any improvements on such property by eminent domain, with the following exceptions: a. Within the Yorktown-Lake Area and Talbert-Beach Area, the Agency shall not have the authority to acquire property by eminent domain, b. Within the Main-Pier Area, the Agency shall not have the authority to acquire by eminent domain, property where any persons legally reside, and c. Within the Oakview Area, the Agency shall not have the authority to acquire by eminent domain, property which is excluded from the Oakview Public Acquisition Map, incorporated as Exhibit D in the Redevelopment Plan. -2- 6/21/2007 9:48 AM REQUEST FOR COUNCIL/REDEVELOPMENT AGENCY ACTION MEETING DATE: 7/2/2007 DEPARTMENT ID NUMBER: ED 07-20 Except for the Oakview Area, or otherwise provided by law, the Agency may not acquire property by eminent domain within the Project Area after twelve (12) years following the date of adoption of the Redevelopment Plan. With respect to properties identified on the Oakview Public Acquisition Map, the Agency may not acquire property by eminent domain after twelve (12) years following the July 5, 1989 adoption of Ordinance No. 3002, amending the Redevelopment Plan for the Oakview Redevelopment Project Area. Strategic Plan Goal: Not applicable. Environmental Status: Not applicable. Attachment(s): City Clerk's Page Number No. Description 1. Ordinance No. 3771 "An Ordinance of the City Council of the City of Huntington Beach, California, Describing the Redevelopment Agency of the City Of Huntington Beach's Program to Acquire Property Within the Huntington Beach Redevelopment Project (or also known as Merged Project) Area b Eminent Domain." 2. Revised Plan Statement pursuant to Health and Safety Code Section 33373 SB 1809). -3- 6/21/2007 9:48 AM ATTACHMENT # 1 ORDINANCE NO. 3771 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DESCRIBING THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH'S PROGRAM TO ACQUIRE PROPERTY WITHIN THE HUNTINGTON BEACH REDEVELOPMENT PROJECT (OR ALSO KNOWN AS MERGED PROJECT) AREA BY EMINENT DOMAIN. WHEREAS, the City Council of the City of Huntington Beach ("City Council") activated the Redevelopment Agency of the City of Huntington Beach ("Agency") on March 1, 1976; and WHEREAS, pursuant to Ordinance No. 2576, adopted on September 20, 1982, the City Council approved and adopted a redevelopment plan for the Yorktown-Lake Redevelopment Project Area("Yorktown-Lake Area"); and WHEREAS, pursuant to Ordinance No. 2577, adopted on September 20, 1982, the City Council approved and adopted a redevelopment plan for the Talbert-Beach Redevelopment Project Area("Talbert-Beach Area"); and WHEREAS, pursuant to Ordinance No. 2578, adopted on September 20, 1982, the City Council approved and adopted a redevelopment plan for the Main-Pier Redevelopment Project Area("Original Main-Pier Area"); WHEREAS, on September 6, 1983, the City Council amended the redevelopment plan for the Original Main-Pier Area by adopting Ordinance No. 2634 to enlarge the Original Main-Pier Area ("Added Main-Pier Area"); and WHEREAS, pursuant to Ordinance No. 2582, adopted on November 1, 1982, the City Council approved and adopted a redevelopment plan for the Oakview Redevelopment Project Area("Oakview Area"); and WHEREAS, on July 5, 1989, the City Council amended the redevelopment plan for the Oakview Area by adopting Ordinance No. 3002 to extend certain time and financial limits and establish the Agency's eminent domain authorities; and WHEREAS, pursuant to Ordinance No. 2743, adopted on November 26, 1984, the City Council approved and adopted a redevelopment plan for the Huntington Center Commercial District Redevelopment Project Area ("Huntington Center Commercial District Area"); and WHEREAS, on December 16, 1996, the City Council amended and merged the redevelopment plans for Yorktown-Lake Area, Talbert-Beach Area, Original and Added Main-Pier Areas, Oakview Area, and Huntington Center Commercial District Area, 07-1015/11670 1 Ord. No. 3771 establishing the Redevelopment Plan for the Huntington Beach Redevelopment Project ("Merged Project Area") by approving and adopting Ordinance No. 3343 (hereinafter referred to collectively as the "Plan"); and WHEREAS, on July 15, 2002, the City Council amended the Plan by adopting Ordinance No. 3566 to rescind the time limit to incur debt on July 15, 2002; and WHEREAS, in accordance with California Health and Safety Code Section 33342.7(a), a legislative body that adopted a final redevelopment plan before January 1, 2007, shall adopt an ordinance on or before July 1, 2007, that contains a description of the agency's program to acquire real property by eminent domain; and WHEREAS, the Plan contains a description of the Agency's program that is applicable to the Merged Project Area; NOW, THEREFORE, BE IT ORDAINED, by the City Council, as follows: Section 1. The City Council hereby finds and determines that all of the foregoing recitals are true and correct. Section 2. In accordance with California Health and Safety Code Section 33342.7(a), the Agency's program for exercise of eminent domain powers within the Merged Project Area(the "Program") is as follows: A. The following provisions described in Section VI (600), paragraph B (602), and subparagraph 1 (603) entitled Property Acquisition and Acquisition of Real Property, respectively: [T]he Agency may acquire real property, any interest in property, and any improvements on such property by eminent domain, with the following exceptions: a. Within the Yorktown-Lake Area and Talbert-Beach Area, the Agency shall not have the authority to acquire property by eminent domain, b. Within the Original Main-Pier Area and Added Main-Pier Area, the Agency shall not have the authority to acquire, by eminent domain, property on which any persons legally reside; and this new limitation shall supersede any and all previous limitations on the Agency's powers of eminent domain within the Original and Added Main-Pier Areas including, but not limited to, Resolution No. 48, and c. Within the Oakview Area, the Agency shall not have the authority to acquire, by eminent domain, property which is excluded from 07-1015/11670 2 Ordinance No. 3771 the Oakview Public Acquisition Map, Exhibit [in the Plan]. Except for the Oakview Area and as otherwise provided herein, or otherwise provided by law, no eminent domain proceeding to acquire property within the [Merged] Project Area shall be commenced after twelve (12) years following the date of adoption of the ordinance adopting this Plan. With respect to properties identified on Exhibit D [in the Plan], no eminent domain proceeding to acquire property in the Oakview Area shall be commenced after twelve (12) years following the July 5, 1989 adoption of Ordinance No. 3002, amending the Redevelopment Plan for the Oakview Redevelopment Project. This Plan does not amend, or otherwise change, the Agency's eminent domain authorities established by the adoption of Ordinance No. 3002. Such time limitations may be extended only by amendment of this Plan. B. Such limitations may be extended only by amendment of the Plan in the manner required by law. Section 3. The Program may only be changed by an amendment to the Plan, pursuant to and in the manner required and to the extent permitted by law. Section 4. if any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, or invalid, or ineffective. Section 5. The City Council hereby authorizes and directs the City Administrator to undertake such actions and execute such documents as may be reasonably necessary or convenient to the carrying out and administration of the actions authorized by this Ordinance. Section 6. This Ordinance shall become effective thirty (30) days after its second reading. 07-1015/11670 3 Ord. No. 3771 PASSED, APPROVED, AND ADOPTED this 16th day of July ,2007. THE CITY OF HUNTINGTON BEACH a -10A Ma or ATTEST: APPROVED AS TO FORM: I r CU Clerk v CitfAtiomey A u•( •dry' REVIEWED AND APPROVED: INITIATED AND APPROVED: Director of Economic Deve pment City Admi 4 trator 07-1015/11670 4 M MOI TOiCM! 1vyA O1�RMlM AwRI TAWN giA04Mf11MO �AOI er 010ED f 'IWQOIW�MM •11Mf� WM19 R%mxm �C HUNTINGTON BEACH REDEVELOPMENT PROJECT Project Area Boundaries 5 NkFADDEN AVE. N NOT TO SCALE A NOT A PART HUNTINGTON VRIAGE WAY CENTER AVENUE d N HUNTINGTON BEACH MALL Z$G QQ = J m EDINGER AVE Z W O LU •3ii 1. AIDRICH AVE. HUNTINGTON BEACH REDEVELOPMENT PROJECT Subarea 1 (formerly Huntington Center Commercial Redevelopment Project Area) 6 S WARNER AVE. FIR DRIVE W SYCAMORE AVE. 0 BELSLTO DR. LJOAKVIEW CYPRESS AVE. PARK CYPRESS AVE. H N 1 J m OAKVIEW MANDRELLDIL ais+�a SCHOOL I.OfIOf�JYE BARTON DR. GC s �3j G WNQQVCR C Q Y SLATER AVE. U—LJ Lfu I - F-i HUNTINGTON BEACH REDEVELOPMENT PROJECT Subarea 2 (formerly Oakview Redevelopment Project Area) 7 C9 E3 u Q W m m TAIBERT AVE. ee Y j I � VQQ 1 -VAW**W TZARK DRitif JI N NMTOSCAE TAYLOR DR HUNTINGTON BEACH REDEVELOPMENT PROJECT Subarea 3 (formerly Talbert-Beach Redevelopment Project Area) 8 YOWOWN AVE N 0-MM ScQf Crnc C:ENMR ►- WOirrA AVE. to Q VENICE AVE. N N tt9 N W LU Z d � Q UnCA AVE. HUNTINGTON BEACH REDEVELOPMENT PROJECT Subarea 4 (formerly Yorktown-Lake Redevelopment Project Area) 9 i of a leea a s p a mmmmmmmm�mmmmm Q 0 i mmmmmmmmmmmmmm ® Q mmmmmmmmmmmmmm1 mm[Dm WA I E��19d�l1l14t3! f lltfi�il rAC/K co", (NAY PAOMCOAU IK'IrM ,�p10NNKMµ��NW01 p !pp►1!o Y/flM/!�1.INS M4KOCTAN �����l0.rM! rApKOCYN� HUNTINGTON BEACH REDEVELOPMENT PROJECT Subarea 5 (formerly Main-Pier Redevelopment Project Area) EXHIBIT `B" LEGAL DESCRIPTIONS The legal descriptions of the Huntington Beach Redevelopment Project (or also known as Merged Project) Area is all of that property located in the City of Huntington Beach and County of Orange in the State of California described as follows: 11 HUNTINGTON BEACH REDEVELOPMENT PROJECT -- Subarea 1 (formerly Huntington Center Commercial Redevelopment Project Area) LEGAL DESCRIPTION Beginning at the northwest corner of Parcel 2 as shown on a map recorded in Book 107, page 18, Parcels Maps, Records of Orange County; thence North 47° 28' 13'West 20.57 feet along the northwesterly prolongation of the northerly line of said Parcel 7 to the True Point of Beginning; thence South 00° 39' 18" East 421.27 feet along the west line of the southwest quarter of the northeast quarter of Section 14,Township 5 South, Range 11 West, as shown on said parcel map to a point, said point being the center of Section 14,Township 5 South, Range 11 West as shown on a map recorded in Book 169, pages 45 and 46, Parcel Maps, Records of Orange County. Thence South 89° 32' 08" West 301.00 feet; thence South 00° 39' 35" East 545.82 feet to a tangent curve, said curve being concave northwesterly and having a radius of 500.00 feet; thence southerly and westerly along said curve through a central angel of 44° 59' 42' an arc distance of 392.66 feet to a point on a tangent line; thence South 44° 20' 07' East 94.24 feet along said tangent line to a tangent curve, said curve being concave southeasterly and having a radius of 500.00 feet; thence southerly and westerly through a central angle of 45° 00'00", an arc distance of 392.70 feet to a point, said point being the southeast corner of the west half of the northeast quarter of the southwest quarter of Section 14,Township 5 South, Range 11 West Parcel Map 81-571; thence North 89° 32' 15' East 395.47 feet to a point,said point being the southeast corner of said Parcel Map 81-571; thence South 00° 39' 35' East 150.00 feet; thence North 89° 31' S5' East 109.00 feet; thence South 00° 39' 35' East 1320.67 feet; thence North 890 32'04' East 156.00 feet to a point, said point being the South quarter corner of Section 14,Township 5 South, Range 11 West as shown on a map recorded in Book 22, page 18, Parcel Maps, Records of Orange County; thence South 00° 44' 25' East 660.00 feet; thence North 89° 24' W East 45.00 feet to a point, said point being the northwest corner of Tract 5894,as shown on a map recorded in Book 23,pages 18 and 19,Miscellaneous Maps, Records of Orange County; thence North 89° 24' 50' East 1004.93 feet along the north line of said Tract 5894 and the easterly prolongation of said now line to a point, said point being on the centerline of Sher Lane; thence North 00° 44' 25' West 1W.00 feet; thence North 89° 24'W East 376.00 feet; thence South 00° 44' 25' East 100.00 feet; 12 HUNTINGTON BEACH REDEVELOPMENT PROJECT Subarea 1 (formerly Huntington Center Commercial Redevelopment Project Area) LEGAL DESCRIPTION (con't) thence North 89° 24'50"East 528.96 feet; thence North 00° 44' 25"West 180.00 feet to the centerline intersection of Parkside Lane and Aldrich Avenue; thence north 89° 16' 15'East 685.03 feet to a point on the section line of Huntington Beach Boulevard per Tract 417,as shown on a map recorded in Book 16,page 47,Miscellaneous Maps Records of Orange County, thence North 00° 16' 46'East 1275.36 feet; thence North 49° 16'37'West 900.00 feet; thence North 00° 27' 57"West 125.00 feet; thence North 46° 55'24'West 572.85 feet; thence North 46° 19' 32"West 501.21 feet; thence North 50° 25' 56'West 329.65 feet; thence North 54° 14'34'West 1196.05 feet to the True Point of Beginning. Excepting herefrom that portion described as follows: Beginning at the center of Section 14,Township 5 South,Range 11 West,as shown on a map recorded in Book 169,pages 45 and 46,Parcel Maps,Records of Orange County; thence South 00°39'35'East 1220.82 feet along the west line of the southeast quarter of Section 14,Township 5 South,Range 11 West,as shown on a parcel map,recorded in Book 81, pages 12 through 14,Parcel Maps,Records of Orange County to a point,said point being on the north right-of-way line of Center Drive; thence North 89° 32'03'East 650.41 feet along the south line of Parcel 3 of said Parcel Maps to a point on a tangent curve,said curve being concave to the northwest and having a radius of 34.00 feet,a radial bearing through said points bears North 37° 53'39'West; thence northerly and easterly along said curve,through a central angle of 52° 45'42',an arc distance of 31.31 feet to a point on a tangent line; thence North 00°39' 21'West 22.68 feet along said tangent line to a point on a tangent curve, said curve being concave to the southeast and having a radius of 405.00 feet; thence northerly and easterly along said curve through a central angle of 27° 23' 14',an arc distance of 193.59 feet to a point of reverse curvature,a radial bearing through said point bears North 63° 16'07'West;said curve being concave to the northwest and having a radius of 345.00 feet; thence northerly and westerly along said curve through a central angle of 34°21'52 ,an arc distance of 206.92 feet to a point on a tangent curve,a radial bearing through said point bears North 82° 22'01'East;said curve being concave to the southwest and having a radius of 345.00 feet; thence northerly and westerly through a central angle 10°27'01%an arc distance of 62.93 feet to a point on a tangent line; 13 HUNTINGTON BEACH REDEVELOPMENT PROJECT Subarea 1 (formerly Huntington Center Commercial Redevelopment Project Area) LEGAL DESCRIPTION (con't) thence North 186 05'00"West 241.00 feet to a point on a tangent curve;said curve being concave to the southwest and having a radius of 270.00 feet; thence northerly and westerly along said curve through a central angle of 72° 34'35 ,an arc distance of 342.00 feet to a point on a tangent line; thence South 89° 20'25'West 160.28 feet along said tangent line to a point on a tangent curve, said curve being convave to the northeast and having a radius of 175.00; thence westerly and northerly along said curve through a central angel of 90° 00'00",an arc distance of 274.89 feet to a point on a tangent line; thence North 00° 39' 35'West 64.64 feet along said tangent line to a point on a tangent curve, said curve being concave to the southwest and having a radius of 34.00 feet; thence northerly and westerly along said curve through a central angle of 49° 09'22",an are distance of 29.17 feet to a point on a non-tangent curve,a radial bearing through said point bears North 40° 11'03'East,said curve being concave to the south and having a radius of 60.00 feet; thence westerly along said curve through a central angle of 00°24'45 ,an arc distance of 4.03 feet to a point on a non-tangent curve,a radial bearing through said point bears North 47° 38' 14"East,said curve being concave southwest and having a radius 35.00 feet; thence northerly and westerly through a central angle of 65° 01'29 an arc distance of 39.72 feet to a point on a non-tangent line,a radial bearing through said point bears North 17° 23' 15'West; thence North 00° 39'35"West 30.12 feet; thence South 89° 32'00"West 15.00 to the Point of Beginning. 14 HUNTINGTON BEACH REDEVELOPMENT PROJECT Subarea 2 (formerly OaWew Redevelopment Project Area) LEGAL DESCRIPTION OAKVIEW AREA PROJECT That portion of Section 26,Township 5 South,Range 11 West in the Rancho La Bolsa Chica and the Rancho Bolsas, 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 described as follows: Beginning at the east one-quarter corner of said Section 26, thence South 89° 24' 16'West 463.11 feet to a point on the southerly prolongation of the east line of Keelson Lane,a street being 60 feet in width, 30 feet either side centerline,said point being the True Point of Beginning; thence along said southerly prolongation South 0° 45'06'East 40 feet to the south line of Slater Avenue,a street 80 feet in width,40 feet either side of centerline; thence South 89° 24' 16'West 1187 feet along said south line to the west line of Tract No. 4091; thence along said west line North 0°44'31'West 700 feet to the north line of said Tract 4091; thence along said north line North 89°24'39'East 300 feet to the southerly extension of the west line of Oak Lane,a street being 60 feet in width,30 feet either side of centerline; thence North 0° 44'46'West 2041 feet along said southerly extension,the west line of Oak Lane and its northerly extension to a line parallel with and 60 feet north measured at right angles from the centerline of Warner Avenue; thence along said parallel line North 89°25'46'East 1386 feet to the centerline of Beach Blvd.,said street being 132 feet in width,66 feet either side of centerline; thence along said centerline South 0°45' 14'East 996 feet; thence South 89° 25'00'West 283 feet; thence South 0°45' 14'East 288 feet; thence South 89° 25'00'West 20 feet; thence South 0°45'14'East 96 feet to the easterly extension of the north line of Tract No. 8916; thence along said north line South 89° 25'00'West 576 feet to the east line of Ash Street,a street being 60 feet in width,30 feet either side of the centerline; thence along said east line South 0`44'46'East 100 feet to a curve concave northeasterly having a radius of 50 feet; thence along said curve southerly and southeasterly thru a centeral angle of 36° 52' 12'an arc distance of 32.20 feet to a point on a reverse curve concave westerly having a radius of 50 feet, a radial from said point bears North 52°23'02'East; 15 HUNTINGTON BEACH REDEVELOPMENT PROJECT Subarea 2 (formerly Oakview Redevelopment Project Area) LEGAL DESCRIPTION OAKVIEW AREA PROJECT(coat.) thence along said reverse curve southeasterly,southerly,and southwesterly thru a central angle of 78°54'35'an arc distance of 68.86 feet to a compound curve concave northwesterly having a radius of 35 feet,a radial to said point bears South 48° 42'23"East, thence along said compound curve southwesterly and westerly thru a central angle of 48°11'23',an arc distance of 29.44 feet to a point on the south line of Mandrell Drive being 60 feet in width,30 feet either side of centerline; thence along said south line South 89° 29'00"West 11.8 feet to the east line of tract No.4301; thence along said mentioned east line South 0°44'46'East 270 feet to a point on a non-tangent curve concave southwesterly having a radius of 70 feet,said point being on the north line of Barton Drive and the east line of Queens Lane; thence along said curve and east line southeasterly and southerly thru a central angle of 77°44'59" an arc distance of 95 feet; thence South 0° 44' 52" East 22 feet to a curve concave northeasterly having a radius of 70 feet; thence continuing along the east line of Queens Lane and said mentioned curve southerly and southeasterly thru a central angle of 27°38'00'an arc distance of 34 feet to a reverse curve concave southeasterly having a radius of 130 feet,a radial to said point bears North 61° 37'08'East; thence along said reverse curve southeasterly and southerly thru a central angle of 27°38'00"an arc distance of 63 feet to north line of Tract 4153; thence along said north line North 89° 24'35'East 125 feet to the east line of Tract 4153; thence along said east line South 0°44'58'East 500 feet; thence North 89° 24' 16'East 197 feet to the east line of Keelson Lane; thence along said east line and its southerly prelongation 160 feet to the True Point of Beginning. 16 HUNTINGTON BEACH REDEVELOPMENT PROJECT Subarea 3 (formerly Talbert-Beach Redevelopment Project Area) LEGAL DESCRIPTION TALBERT-BEACH REDEVELOPMENT PROJECT AREA Those portions of Sections 35 and 26,Township 5 South,Range 11 West,in the Rancho La Bolsa Chica and Rancho Las Bolsas in the City of Huntington Beach,County or Orange,State of Califor- nia,as shown on a map recorded in Book 51,page 13 of Miscellaneous Maps in the Office of the County Recorder of said County described as follows: Beginning at the southeast corner of said Section 26; thence South 89°54'23"West 1320.10 feet along the south line of said section,said south line also being the centerline of Talbert Avenue,to the True Point of Beginning; thence North 00 01'16"East 50 feet to a line parallel with and 50 feet north measured at right angles from the centerline of Talbert Avenue; thence along said mentioned parallel line North 89°54'23"East 800 feet to the intersection with a line parallel with 10.00 feet east measured at right angles from the east line of Lot No.3,Block C of Tract No.172 as shown on a map recorded in Book 12,page 21,of Miscellaneous Maps in the office of the County Recorder of said County; thence along said mentioned parallel line South 0°5'37"East 300 feet to a point on a curve concave easterly having a radius of 273.00 feet; thence southerly along said curve through a central angle of 15°33'49"an arc distance of 74.00 feet to a point on a tangent reverse curve concave westerly having a radius of 327.00 feet,a radial to said point bears North 74° 20'34"East; thence southerly along said reverse curve through a central angle of 15°33'49'an arc distance of 88.82 feet to a line parallel with and 32 feet east measured at right angles from the west line of Lot No.82, Block C,of said mentioned Tract No. 172; thence southerly along last said mentioned parallel line South 0°05'37"East 249 feet to the inter- section with the easterly prolongation of the north boundary line of Tract No.8197 as shown on a map recorded in Book 452,page 44 of Miscellaneous Maps in the Office of the County Recorder of said County; thence along said mentioned prolongation and northerly line South 89°55'44`West 822 feet to the west boundary line of said Tract No.8197; thence along said west boundary line South 0°01'16"West 690 feet to the south right-of-way line of Taylor Drive,a street being 60 feet in width,30 feet either side of centerline; thence along said south right-of-way line South 89°56'05"West 660 feet to the intersection with the southerly prolongation of the eastline of Parcels Nos.7-10 as shown on a map filed in Book79,page 15 of Parcel Maps in the Office of the County Recorder of said County; thence along said prolongation and east line North 0°01'15'East 1014 feet to a line parallel with and 335 feet south measured at right angles from the centerline of Talbert Avenue; thence along last said mentioned parallel line North 89° 56'37'East 660 feet to the west line of 'Fact No. 172; thence along said west line North 0°01'16'East 335 feet to the True Point of Beginning. 17 HUNTINGTON BEACH REDEVELOPMENT PROJECT Subarea 4 (formerly Yorktown-Lake Redevelopment Project Area) LEGAL DESCRIPTION YORKTOWN-LAKE REDEVELOPMENT PROJECT AREA That portion of Section 2,Township 6 South,Range 11 West,in the Rancho La Bolsas,in the City of Huntington Beach,County or Orange,State of California, as shown on a map recorded in Book 51,page 14 of Miscellaneous Maps,in the Office of the County Recorder of said County described as follows: Beginning at the centerline intersection of Yorktown Avenue and Main Street; thence west along said centerline of Yorktown 60 feet to the west line of Main Street; thence along said west line North 50 feet to the westerly extension of the north line of Yorktown Avenue,said point being the True Point of Beginning; thence along said mentioned north line East 420 feet to a curve concave southwesterly having a radius of 850 feet; thence easterly and southeasterly along said curve thru a central angle of 38° 14'40"an arc distance of 567 feet to a reverse curve concave northeasterly having a radius of 750 feet;a radial to said point bears North 38° 14' 40"East; thence along said reverse curve southeasterly and easterly thru a central angle of 35° 46' 09" an arc distance of 455 feet to the intersection with the east line of a 40 foot wide strip of land shown on the map of said Tract No. 12 recorded in Book 9,page 13 of Miscellaneous Maps in the Office of the Orange County Recorder as S.P.R.R.right-of-way; thence South 1054 feet along said east line to the easterly extension of the southerly line of Utica Street being 60 feet in width,30 feet either side of centerline; thence West 1383 feet along said easterly extension,southerly line and its westerly extension of Utica Street to the most westerly line of Main Street as shown on said mentioned map of Tract No. 12; thence North 1396 feet along said west line to the True Point of Beginning. 18 HUNTINGTON, BEACH REDEVELOPMENT PROJECT Subarea 5 (formerly Main-Pier Redevelopment Project Area) LEGAL DESCRIPTION MAIN-PIER REDEVELOPMENT PROJECT AREA That portion of Huntington Beach,County of Orange,State of California as shown on a map recorded in Book 3,page 36.of Miscellaneous Maps in the Office of the County Recorder of said County described as follows: Beginning at the center line intersection of Pacific Coast Highway and Lake Street shown as Ocean Avenue and First Street respectively on said mentioned map; thence along the center line of Pacific Coast Highway South 48° 21'42"East 37.50 feet to the intersection with the southwesterly extension of the southeast line of Lake Street; thence along said mentioned extension South 41°38' 18"West 50 feet to the True Point of Beginning, said point being distant Southeast 48° 21'42"East 1655 feet along the southwest line of Pacific Coast Highway to the intersection with the southwesterly extension of the northwest line of Sixth Street; thence continuing South 41°38' 18"West 525 feet more or less along said extension to the High Tide Line of the Pacific Ocean; thence northwesterly 910 feet more or less along said High Tide Line to a line parallel with and -- 35 feet southeasterly measured at right angles from the southwesterly extension of the line of Main Street as shown on said Map of Huntington Beach; thence along said mentioned parallel line 410 38' 18"West 1470 feet to a line parallel with and 60 feet southwesterly,measured at right angles from the southwesterly end of the Huntington Beach Municipal Pier, thence North 48° 21'42"West 145 feet along said parallel line to a line parallel with and 35 feet northwesterly measured at right angles,from the southwesterly extension of the northwest line of Main Street thence North 41° 38' 18"East 1470 feet to the High Tide Line of the Pacific Ocean thence northwesterly 600 feet more or less along said High Tide Line to the southwesterly extension of the northwest line of Sixth Street; thence along said extension and northwest line of Sixth Street North 41° 38' 18"East 1035 feet more or less to the intersection with the northeast line of Walnut Avenue,being 60 feet in width,30 feet either side of center line,said point being distant North 41° 38' 18"East along said northwest line 510 feet from the southwest line of Pacific Coast Highway, thence along said northeast line of Walnut Avenue South 48°21'42'East 1330 feet to an angle point in said line,said point also being on the southeast line of Second Street being 60 feet in width,30 feet either side of centerline; thence continuing along said northeast line South 10'09'04"East 414 feet to the southeast line of Lake Street; thence along said southeast line South 41° 38' 18"West 254 feet to the True Point of Beginning. 19 HUNTINGTON BEACH REDEVELOPMENT PROJECT Subarea 5 (formerly Main-Pier Redevelopment Project Area) LEGAL DESCRIPTION MAIN-PIER REDEVELOPMENT PROJECT AREA PROJECT AMENDMENT NO. 1 A parcel of land situated partially in Sections 10,11,12,13,14,Township 6 South,Range 11 West, San Bernardino base and meridian,County of Orange,State of California.Said parcel being more particularly described as follows: Beginning at the intersection of section corners, Sections 11, 12, 13 and 14, thence North 89° 37'06"East 20 feet to the True Point of Beginning; thence South 0° 40'00'East 1,320.00 feet to the point; thence South 89° 43'00"West 1,955.76 feet to a point; thence North 0' 43' 15"West 1,350.04 feet to a point; thence South 89° 43'00"West 670.00 feet to a point; thence North 0° 00' 11'West 2,640.00 to a point; thence North 89°58' 15"West 262.10 feet to a point; thence South 0° 00'00'East 294.10 feet to a point; thence North 89° 57' 13'West 375.15 feet to a point; thence South 41' 38' 18"West 419.76 feet to a point; thence South 48° 21'42'East 190.00 feet to a point; thence South 41° 38' 18'West 1880.00 feet to a point; thence North 48° 21'42'West 15.00 feet to a point; thence South W 38' 18"West 125.00 feet to a point; thence North 48° 21' 42"West 750.00 feet to a point; thence North 45° 12'51'West 400.66 feet to a point; thence North 48° 21'42"West 4255.00 feet to a point; thence South 41° 38'50"West 326.00 feet to a point; thence South 46° 30'00'East 5,628.00 feet to a point; thence North 41° 38' 18"East 990.00 feet to a point; thence South 48° 21'42'East 1,330.00 feet to a point; thence South 10° 09'04"East 414.00 feet to a point; thence North 41° 38' 18'West 690.00 feet to a point; thence South 52° 54' 19'East 4,618.03 feet to a point; thence North 0° 40'00"West 1,947.92 feet to a point; thence North 89° 36'56"East 469.56 feet to a point; thence North 0'40'00"West 2,029.66 feet to a point; thence South 89° 37'06"West 469.56 feet to a point; thence South 0'40'00"East 50.00 feet to the True Point of Beginning. 20 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On " l before me, L- �u tSclC.� Dater /� Name and Title of Officer(e.g., Jane Doe,Notary Public") personally appeared G/L Ga2��72 Azw jb 1-- &44.� Name(s)of Signer(s) ,personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their I L EWAWA signature(s) on the instrument the person(s), or the C.onmMabn#19M79 entity upon behalf of which the person(s) acted, NoftyAdAC'CMA executed the instrument. OK"PCounty WITNES y h d an official seal. Place Notary Seal Above Signal ur f Notary Pu c OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Do ument Title or Type of Document: � c�177n16TD.Je�� C/7 �1/CG DQ/!?�T J�Z/� Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General [IPartner—[ILimited ElGeneral El Attorney in FactN MINI • y Top or thumb Here ❑ Attorney in Fact❑ Trustee ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 RCA ROUTING SHEET INITIATING DEPARTMENT: Economic Development SUBJECT: Adoption of Ordinance Regarding the Redevelopment Agency's Eminent Domain Program - Merged Area COUNCIL MEETING DATE: July 2, 2007 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Ap licable Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorne Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over$5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Ap licable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Deputy City Administrator (initial) F165 City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: HOLTZ(5901)