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HomeMy WebLinkAbout1996-08-05 - Deed HUD PLEASE COMPLETE THIS INFOOAT1ON RECORDING REQUESTED BY: Recoraea in the county of orange, california Gary L. Granville, clerk/Recorder AN WHEN RECORDED IL T0: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII No Fee 1996059029 12;42pm 10/10/96 005 10012728 10 21 R28 11 7.00 30.00 0.00 0.00 0.00 0.00 NA THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT: -- t THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 60' 059-TITLE PAGE(R7/95) �► q RESOLUTION NO. 96-63 OD A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE RE-RECORDATION OF DEED WITH A NOTICE OF REMOVAL OF DEED RESTRICTION WHEREAS, on February 7, 1972, and May 15, 1972,the City Council of the City of Huntington Beach adopted Resolution Nos. 3435 and 3486 declaring its intention to authorize the execution and recording of a deed restriction on Huntington Central Park, Phase I(CALIF-(SA-375(G)); and The deed restriction was a condition precedent by the United States Department of Housing and Urban Development ("HUD")to the granting of funds for the acquisition and development of such property as a park site; and The deed restriction indicates that the property or any interest therein may not be sold, leased or otherwise transferred without the prior written approval of the Secretary of HUD, his designee, or any successor thereto; and Under the original grant agreement,the property involved was subject to a deed restriction enacted pursuant to the HUD Open Space Program authorized by Title VII of the Housing Act of 1961. The deed restrictions required HUD concurrence and authorization if the property was to be sold, leased or otherwise transferred by the City. However, § 126(b)(3)of the Housing and Urban-Rural Recovery Act of 1983 repealed the use of HUD restrictions for land acquired under the Open Space Program. Therefore, in keeping with the referenced federal legislation, it is no longer necessary for City to obtain HUD's concurrence in this matter or in other matters involving the deed restriction on this property. NOW, THEREFORE,the City Council of the City of Huntington Beach does hereby resolve that ^ the City Clerk is hereby authorized to record a Notice of Removal of Deed Restriction on Central Park as / \ more particularly described in the notices attached as Exhibit"A"and`B." PASSED AND ADOPTED by the City Couna�l of the City of Huntington Beach at a regular meeting thereof held on the 5th day of August , 1996. Mayor ATTEST: APPROVED AS TO FORM: City Clerk Cit TA orney 7-1.)-4 6 REVIEW AND PPROVED: INITIA E AN APPROVED: ity Administrator Director oflArary Services j Fire Chief IA- SF/s:PCD:Resolut:DeedRest Library Site 7/23/96 Res. No. 96-63 t STATE OF CALIFORNIA ) OD 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 5th of August, 1996 by the following vote: AYES: Councilmembers: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: Councilmembers: None ABSENT: Councilmembers: None T^x-Ex^�;-t-Co,.,ernrnent Agency CITY OF HUiNTiNGTON BEACH The foregoing instrument is a correct copy of Cy' 9epuity •'•"•"'-•-.•....• the original on file in this office. City Clerk Attest --47 1921. City Clerk and Ex-Offici Clerk of the City City Clerk and ex-officio Clerk of the Council of the City of Huntington Beach, Cal. City Council of the City of Huntington Beach, CaliforniaThis document is solely for the Official business of the City Of Hu -t"--ton. Reach, as contem— G/resolud/resbkpg Plated tiude F• Go,?erramarit Code sec. 6103 and should be recorded Tfaee of charge. 1 PARCEL 3: 2 The west half of the northwest quarter of the northwest quarter of the 3 northwest quarter of Section 35, Township 5 South, Range 11 West, San 4 Bernardino base and meridian in the City of Huntington Beach, County of i 1 When recorded, please mail &D this instrument to: ` . 2 3 OFFICE OF THE CITY CLERK City of Huntington Beach 4 Post Office Box 190 5 Huntington Beach, California 92648 6 7 NOTICE OF REMOVAL OF DEED RESTRICTION 8 9 NOTICE IS HEREBY GIVEN that the City of Huntington Beach, a municipal 1 o Corporation, is the owner of the property described as: 11 12 PARCEL 1: 13 The east three-quarters of the north half of the south two-thirds of the west 14 three-quarters of the north half of the southwest quarter of Section 26, 15 Township 5 South, Range 11 West, San Bernardino base and meridian in 16 the City of Huntington Beach, County of Orange, State of California. 17 18 EXCEPTING therefrom any portion dedicated for street right of way. 19 20 PARCEL 2: 21 The east 10 acres of the west 30 acres of the south half of the southwest 22 quarter of Section 26, Township 5 South, Range 11 West, San Bernardino 23 base and meridian in the City of Huntington Beach, County of Orange, 24 State of California. 25 26 EXCEPTING therefrom any portion previously dedicated for street right 27 of way. This document is solely for th offi.c�in hu ':.z cs ; of the City 28 x �Xom'N-Government Agency of F? a.,; contem CITY OF HUNTINGTON BEACH °,:� � *.�� r �, , play efK ,,>a ::e.;t Code Sec. 6103 and should be record $ g free of charge. y Deputy City Clerk ....... 4 � TM 1 San Bernardino base and meridian in the City of Huntington Beach, County 2 of Orange, State of California. 3 4 EXCEPTING therefrom the north 260.00 feet. 5 6 and that the City of Huntington Beach hereby removes the deed restriction previously imposed on 7 this property by way of the Notice of Deed Restriction dated February 8, 1972, Book 9996, Page 8 96. 9 DATED , 1996 10 CITY OF HUNTINGTON BEACH, 11 a municipal corporation 12 13 By 14 Mayor 15 16 ATTEST: APPROVED AS TO FORM: 17 18 City Clerk 7-z �L ity Attorney 19 20 21 22 23 24 25 26 27 28 -3- CALIFORNIA ALL-PURPRE ACKNOWLEDGMENT State of IZ; County of ;7 ( �1 On a3� 199(- before me, "W� Date • Name and Title GOtificer(e.g.,"Jane Doe,Notary Public" personally appeared Name(s)of Signer(s) P-I:fersonally known to me—OR to be the person( whose name(g)46�are subscribed to the within instrument and acknowledged to me that+�efs�they executed the 11rf.AYBRICE L.JO?-M same in Ne Itheir authorized capacity its ,and that by ` u kisAie4Vtheir signatures on the instrument the person(, ` ' r iv�a �iq or the entity upon behalf of which the personLs) acted, RANGE COUNTY COUNTY N1V Comm.Expires MAY 11.1997 executed the instrument. r' WITNESS my hand and official seal. MAYBRICE L,JOHNSON a °„ COMM.*991635 Z e� I Z -e Notary Public—Cohforrno ORANGE COUNN My Comm.Expires MAY 11,1997 Signature of Notary P is 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 Document < Title or Type of Document: 94 —6 31 /44_4 Document Date: f /9 Number of Pages: g _ U Signer(s) Other Than Named Above: � Capacity(ies) Claimed by Signer(s) Signer's Name: � �X. e,. � Signer's Name: 1. ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited El General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee _ _ ❑ Trustee ' N ❑ Guardian or Conservator ❑ Guardian or Conservato - `-• �'? [Y6her: Top of thumb here [k—Other: Top of thumb here Signer Is Representing: Signer Is Representing: d- U ©1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 1 When recorded, please mail 2 this instrument to: 3 OFFICE OF THE CITY CLERK City of Huntington Beach 4 Post Office Box 190 5 Huntington Beach, California 92648 6 7 NOTICE OF REMOVAL OF DEED RESTRICTION 8 9 NOTICE IS HEREBY GIVEN that the City of Huntington Beach, a municipal 10 Corporation, is the owner of the property described as: 11 12 That portion of the east 30.00 acres of the west 60.00 acres of the 13 south half of the southwest quarter of Section 26, Township 5 South, 14 Range 11 West, partly in the Rancho La Bolsa Chica and partly in the 15 Rancho Las Bolsas, in the City of Huntington Beach, County of Orange, 16 State of California, as per map recorded in Book 51, page 13 of 17 Miscellaneous Maps in the office of the County Recorder of said county, 18 described as follows: 19 20 Beginning at the southwest corner of the southeast quarter of the 21 southeast quarter of the southwest quarter of said section as shown on a 22 map filed in Book 53, page 27 of Record of Surveys in the office of the 23 County Recorder of said county, said point also being the intersection of 24 the center line of Talbert Avenue with the center line of Gothard Street; 25 thence north 89°43'00" west 75 1.00 feet along the southerly line of said 26 southwest quarter being also the center line of said Talbert Avenue; thence 27 at right angles to said southerly line north 00°17'00" east 50.00 feet to a 28 point on the northerly line of said Talbert Avenue, said point being the true Tax-Exempt-Governm nt Agency This document Is solely for the CITY OF HUNTINGT N BEACH official b;_iiiness of the City of Hurt as contem— plated Code $ Sec. 6103 and should be recorded Deputy City Clerig free of charge, 1 and through such wells or works, oil, gas, water and other substances of or Its. 1 point of beginning; thence continuing north 00°17'00" east 237.00 feet; 2 thence south 89°43'00" east 157.00 feet parallel with said southerly line; 3 thence north 00°17'00" east 294.00 feet; thence north 89°43'00" west 4 93.27 feet parallel with said southerly line; thence south 42°35'07" west 5 125.94 feet, thence south 00°17'00" west 40.79 feet; thence north 6 890043'00" west 30.00 feet parallel with said southerly line; thence north 7 00°17'00" east 199.55 feet; thence north 85°51'47" east 280.00 feet; 8 thence north 61°33'33" east 170.00 feet; thence north 88°54'46" east 9 232.41 feet to a point in the westerly line of said Gothard Street; thence 10 north 00°05'00" east 265.06 feet along said westerly line to a point in the 11 northerly line of said south half of the southwest quarter of Section 26; 12 thence north 89042'00" west 951.22 feet along said northerly line to the 13 westerly line of said east 30.00 acres; thence south 00°05'00" west 14 1269.73 feet alongsaid westerly line to a point in the northerly line of said Y p Y i5 Talbert Avenue; thence south 89°43'00" east 240.39 feet along said 16 northerly line to the true point of beginning. 17 18 Excepting therefrom all oil, gas and other hydrocarbons, 19 geothermal resources as defined in Section 6903 of the California Public 20 Resources Code, and all other minerals, whether similar to those herein 21 specified or not, within or that may be produced from said parcel; 22 provided, however, that the surface of said parcel shall never be used for 23 the exploration, development, extraction, removal or storage of any 24 thereof. 25 26 Also excepting therefrom the sole and exclusive right from time to 27 time to drill and maintain wells or other works into or through said parcel 28 below a depth of 500 feet and to produce, inject, store, and remove from -2- _ . I • ' CALIFORNIA ALL-PURPS ACKNOWLEDGMENT • Rea State of County of (S`Lernc� On 84 before me, a, 61 Date nn n ,,n � Name and Title of icer(e.g.,"Jane Doe,Notary Public") personally appearedJ�cx (.r1,s1 i -�i----�� Name(s)of Signer(s) - P personally known to me— be the persons) whose name(s) isiare subscribed to the within instrument and acknowledged to me that hei~hey executed the "YBRICE L.JOtiNSON same in*is�their authorized capacity ies ,and that by $ .-e COMM.*99}&?5 z 4 sA 4@4their signature( on the instrument the person(sj, Z •, Notary Public_callf0mia a or the entity upon behalf of which the person(s) acted, ORANGE m AAAVy executed the instrument. My Comm.Expir®s MAY 1},}997 WITNESS my hand and official seal. 'I `icr,�� el Sign ure of Notary Public 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 Document Title or Type of Document: wo . 9G Document Date: 8/slg& Number of Pages: g Signer(s) Other Than Named Above: & 422&e i Capacity(ies) Claimed by Signer(s) Signer's Name: Azule Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee _ ❑ Trustee _ ❑ Guardian or Conservator ❑ Guardian or Conservator E�Other: Top of thumb here i�'Other: Gam, .. Top of thumb here Signer Is Representing: Signer Is Representing: 0 1994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827