HomeMy WebLinkAboutCity Council - 1374 RESOLUTION No. 1374
A RESOLUTION OF THE CITY OF HUNTINGTO
BEACH, ORANGE COUNTY, CALIFORNIA, M-
CLARING THAT THE PUBLIC MEREST AND MC-
ESSITY REQUIRE TIDE ACQUISITION OF CERTAIN
REAL PROPERTY ON H NILTON STREET AND
AUTHORIZING THE ACQUISITION OF SAID PROP-
ERTY BY ,CONDEMNATION OR NEGOTIATION AND
DIRECTING ITS ATTORNEY TO PROCEED WITH
SUCH ACTION.
WBEREAS, the City of Huntington Beech and the County
of Orange have by joint agreement contracted to construct
a bridge on Hamilton Street over the Santa Ana River; and
AREAS, by the terms of said contract the City of
Huntington Beach is to acquire the right of way for the bridge
approach from Brookhurst Street to the Santa Ana River; and
WHEREAS", said bridge is now in the process of construct-
ion and it is necessary that the right of way for the ,toad
and bridge approach from Brookhurst Street to the Santa Ana
River be acquired and immediately possession secured? and.
WHEREAS, it is in the public interest and necessity to
acquire said land for the construction of said road and bridge
approach;
NOW THEREFORE, BE IT RESOLVED AS FOLLOWS:
1e Resolved by the City Council of the City of Hunt.
ington Beach, California, that it finds and determines and
1.
Res, No. 1374
hereby declaress
(a) That the public interest and necessity re.-
quire the acquisition, construction and, comple-
tion by the City of Huntington. Beach of a public
improvement, namely, a road and bridge approach
on Hamilton Street between Brookburst Street and
the Santa Aria River; and
(b) That the public interest and necessity re.•
quire the acquisition for and in connection with
said public improvement of the real property, or
interest in real property, hereinafter described:;
and
(c) That the proposed public improvement is
planned and located in a manner which will be
most compatible with the greatest public good
and the least private injury.
2„ BE IT FURTHER RESOLVED that C. A. Bauer, as City
,attorney for the City of Huntington Beach be and he is here.
by authorized, directed and empowered to acquire in the
name of the City of Huntington Beach, a municipal corpora..
Lion, a fee simple estate, unless a lesser estate is herein.
after expressly described, in and to the said hereinafter de-
scribed real property, or interest in real property, by con-
damnation in accordance with the provisions of the Code of
2.
Bey ... No, 1374
Civil Procedure and the Constitution of the State of Calif—
ornia relating to eminent domain and such other statutes of
the State of California as may be applicable; to prepare
and prosecute in the name of the City of Huntington. Beach
such proceeding or proceedings in the proper Court having
jurisdiction thereof as are necessary for such acquisitions;
to mare application to said Court for an order fixing the
amount of such security in the way of money deposited as
said Court may direct' and an order permitting said City to
take immediate possession and use of said real property, or
interest in real property as a right of way for a road and
bridge approach; to make deposit of such security out of
proper funds under the control of said City in such amount
as fixed and determined and in such manner as said Court
in which such condemnation proceedings are pending may
direct,
3. BE IT FURTHER RESOLVED that the taking of a part
of Parcel l and Parcel 2 of land by the City of Huntington
Beach would leave the remainder of said parcels of such
size' shape and condition as to require said City to pay in
compensation for the taking of such portion an amount equal
to the fair and reasonable value of the whole of said parcel
and that it is necessary for the public interest, safety,
economy and general welfare that the City of Huntington
Beach acquire the whole of said Parcels l and 2.
3.
Res. No. 1374
1t. The real property, or interest in real property,
which the City of Huntington Beach is by this resolution
authorized to acquire is situated in the County of Orange,
State of California, and is more particularly described as
follows:
F CiL Not
Lot 19 in Tract No. 193, as shown on a map
recorded in Book 12, Page 49, of Miscellaneous
Maps, records of Orange County, California;
Excepting therefrom all oil, oil rights, minerals
mineral rights, natural gas, natural gas rights,
and other hydrocarbons by whatsoever name known
that may be within or under the parcels of land
hereicabove described, together with the perpetu-
al right of drilling, mining, exploring and oper-
ating therefor and removing the same from said
land or any other land, including the right to
whipstock or directionally drill and mine' from
lands other than those he reinabove described, oil
or gas wells, tunnels and shafts into, through or
across the subsurface of the land hereinabove
described, and to bottom such whipstocked or direct-
ionally drilled wells, tunnels and shafts under
and beneath or beyond the exterior limits thereof,
and to redrill, rettn3nel, equip, maintain, repair,
deepen and operate- any such wells or mines without
however, the right to drill, 'mine, explore and
operate through the surface or the upper 100 feet
of the' subsurface of the land hereina.bove describ-
ed or otherwise in such manger as to endanger the
safety of any highway that may be constructed on
said lands.
FL:RCEL No. 2
Lot 21, and the Westerly half of Lot C lying bey-
t'reen the extended North and South lines of . said
Lot 21, "all within Tract No. 193, as shown on a .
map recorded in Book 12, page 4-9, of Miscellaneous
Maps, records of Orange County, California-
4
Res. No. 1374
Excepting therefrom all oil, oil rights, minerals,
mineral rightsi natural gas, natural gas rights,
and other hydrocarbons by whatsoever same known
that may be within or under the parcels of land
hereinabove described, together with the perpetu-
al right of drilling, mining, exploring and oiler»
acing. therefor and removing the same from said
land or any other land, including the right to
whipstock or directionally drill and mine from
bands other than those hereinabove described oil
or gas wells, tunnels and shafts into, through
or across the subsurface of the land hereinabove
described and to bottom such whipstocked or di-
rectionaRy drilled wells, tunnels and shafts
under and beneath or beyond the exterior limits
thereof, and to redrill, retunn.el, equip, main«
twin repair, deepen and operate any such wells
or manes, without, however the right to drill,
mine, explore and operate through the surface or
the upper 100 feet of the subsurface of the land
hereinabove described or otherwise in such manner
as to endanger the safety of any highway that may
be constructed on said lands.
PCB No: 3:
That portion of the 'Test half of hot C lying
between the extended North and-South line of
Lot 20 of Tract No. 193, as shown on a map
recorded in Book 12, page 49 of Miscellaneous
Maps, records of Orange County, California.
PARCEL No,
That portion of Lot B of Tract No. 193, as shown.
on a map ,recorded in Book 12, page 49, of Mis-
cellaneous Maps, Records of Orange County, Calif..
ornia, lying between the Easterly extension of
the North line of Lot 58 and the South, line of
Lot 57 of said Tract No, 193,
',ARC No. 5:
That portion of Lot B of Tract No, 193 as shown
on a map recorded in Book 12, page 49, of Mis-
cellaneous baps, Records of Grange County, Calif-
ornia. lying Southerly of the following describ-
ed lines
5•
Red, No. 1374
Beginning at the Southeast corner of the North-
east quarter of Section 18, Tovaship 6 South,
Range 14 West, as shown on a sectionalized sur-
vey map, recorded in Book 51, page 1)-, of Mis-
cellaneous Daps, Records of ,,range County, Cal-
iforniao being a portion of the Rancho Teas Bol-s
sas; said corner being the intersection of the
centerlines of Brockhurst Street and. Hamilton:
Street; thence Northerly along the East line of
said Northeast quarter and the centerline of
Brookhurst Street a distance of 30 feet; thence
Easterly parallel with the centerline of Hamil-
ton Street, as said Ha milton Street is described
in a deed. recorded in Book 591, page 187, of Of-
ficial Records of said Orange County to the 3.n.
tersection of a line that is parallel with and 44
feet Easterly, measured at right angles' from
said East line; Thence Northeasterly in a direct
line to a point that is 65 feet Northerly, and
300 feet :Easterly measured at right angles, from
the center line of Hamilton Street and said East
line respectively; thence Northeasterly in a di-
rest line to a point in the Easterly line in said
Tract No. 193, said point being 75 feet Northerly,
measured along said tract=s Easterly line and its
Southerly prolongation, from the center line of
Hamilton. Street,
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach,, California, at a regular meeting thereof"
held on the 4th day of May, 1959.
Mayor
ATTEST:
City Clerk
l
6
Res. No, 1374
STATE OF CALIFORNIA �
County of Orange ss
City of Huntington Beach „)
I, JOHN L. IE-NRICKSBNy the duly elected' qualified
and acting City Clerk of the City of Huntington Beach' Calif-
orniai and ex-officio Clerk of the City Council of said
City, do hereby certify that the Whble number of members of
the City Council of the City of Huntington Beach is five;
that the foregoing resolution was passed and adopted by the
affirmative vote of more than a majority of all the members
of said City Council at a regular meeting thereof held on
ley
the 44th day of A@=# 1959, by the following vote
AYES: Councilmen:
Lambert, Brant, Terry, Waite, Irby.
FORS: Councilmen:
None.
ABSENTS Councilmen:
None.
jb�, ty Clark- and ex-officio Clerk of
'the City-,Council of the City of
Huntington Beach' California