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HomeMy WebLinkAboutCity Council - 2028 RESOLUTION No. 2028 A RESOLUTION OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST AND NEC- ESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY ON HAMILTON STREET AND AUTHOR- IZING THE ACQUISITION OF SAID PROPERTY BY CON- DEMNATION OR NEGOTIATION AND DIRECTING ITS ATTORNEY TO PROCEED WITH SUCH ACTION. a3HEREAS, the City of Huntington Beach and the County of Orange have by joint agreement contracted to construct a bridge on Hamilton Street over the Santa Ana River, and WHEREAS, 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 road 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: 1. Resolved by the City Council of the City of Huntington Beach, California, that it finds and determines I, Res. No.2028 and hereby declares: (a) That the public interest and necessity re- quire the acquisition, construction and complet- ion by the City of Huntington. Beach of a public improvement, namely, a road and bridge approach on Hamilton Street between Brookhurst Street and the Santa Ana 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 goad and the least private injury. 2. BE IT FURTHER RESOLVED that James D. Plunkett, as City Attorney for the City of Huntington Beach be and he is hereby authorized, directed and empowered to acquire in the name of the City of Huntington Beach, a municipal cor- poration, a fee simple estate, unless a lesser estate is hereinafter expressly described, in and to the said herein- after described real property, or interest in real property by condemnation in accordance with the provisions of the Code of Civil Procedure and the Constitution of the State of California relating to eminent domain and such other statutes Res. No. 2028 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 make application to said Court for an order fixing the amount of such security in the way of money deposited as said Court mmy direct, and an order permitting said City to take immediate possession and use of said real property, or interest in real property as aright 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 1 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 good interest, safety, economy and general welfare that the City of Huntington Beach acquire the whole of said Parcels 1 and 2. 4. 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 : 3. Res. No, 2028 PARCEL No, 1 Lot 19 in Tact 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 hereinabove described, together with the perpetual right of drilling, mining, exploring and operating 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 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 directionally drilled wells, tunnels and shafts under and beneath or be- yond the exterior limits thereof , and to redrill, retunnel, equip, maintain, repair, deepen and oper- ate 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 hereinabove described or otherwise in such manner as to endanger the safety of any highway that may be constructed on said lands. PARCEL No. 2. Lot 21, and the westerly half of Lot c lying between 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 49, of Miscellaneous Maps, records of Grange 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 herein- above described, together with the perpetual right of drilling, mining, exploring and operating therefor and removing the same from said land, or any other land, including the right to whipstock or directional- ly drill and mine from lands other than those herein- above 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 directionally drilled wells, tunnels and shafts under and beneath or beyond the exterior limits thereof, and to redrill, retunnel, equip, maintain repair, deepen and operate any such wells or mines without, however, the right to drill, mine, explore 4. Res s No, 2028 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 en- danger the safety of any highway that may be con- structed on said lands. PARCEL No. 3. That portion of the Wiest half of Lot C lying between the extended North and South line of Lot 20 of Tract No. 193, as shown on a map re- corded in Book 12, page 49, of Miscellaneous Maps, records of Orange County, California. PARCEL No. 4. That portion of loot 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. PARCEL 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 Maps, Records of Orange County, Calif- ornia, lying Southerly of the following described line: Beginning at the Southeast corner of the Northeast quarter of Section 18, Township 6 South, Range 10 West, as shown on a sectionalized survey map, re- corded in Book 51, page 14 of Miscellaneous Maps, Records of Orange County, California, being a por- tion of the Rancho Las Bolsas; said corner being the intersection of the centerline of Brookhurst 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 Hamilton Street, as said Hamilton Street is de- scribed in a deed recorded in Book 591, page 1879 of Official Records of said Orange County, to the intersection of a line that is parallel with and 40 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 respect- ively; thence northeasterly in a direct line to a point in the easterly line in said Tract No.193, said point being 75 feet northerly, measured along said tract easterly line and its southerly prolong- ation, from the center line of Hamilton Street. 5• Res. No. 2028 PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, at a regular meeting thereof held on the Ird day of AiigilSt , 1964. .ay ATTEST: City 0 ED AS Ff1 E Asst, ity Attorney 6. Res. No. 2028 STATE OF CALIFORNIA ) County of Orange ) ss City of Huntington Beach ) I, PAUL C. JONES, the duly elected, qualified and acting 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 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 the 3rd day of August , 1964. AYES: Councilmen Welch. G,_—.:fil er_, r amhert., Sh1ple NOES: Councilmen: None ABSENT: Councilmen: Stewart City Clerk and ex7,W icio Clerk of the City Council of the City of Huntington Beach, California.