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HomeMy WebLinkAboutCity Council - 2147 RESOLUTION No. 2147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST ",IND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY FOR STREET PURPOSES AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY CONDEMNA- TION OR NEGOTIATION AND DIRECTING ITS AT- TORNEY TO PROCEED WITH SUCH ACTION. WHEREAS, the City of Huntington Beach is anticipat- ing the construction of street improvements on Warner Avenue, from 120 feet east of the centerline of Algonquin Street to 170 feet east of the centerline of Algonquin Street; and WHEREAS, the construction of said street improvements Is imminent and it is is necessary that certain parcels of real property, hereinafter set forth, affected by this street improvement be acquired by the City of Huntington Beach; and WHEREAS, it is in the public interest and necessity to acquire said land for street purposes ; NOW, THEREFORE, BE IT RESOLVED, as follows : 1. Resolved by the City Council of the City of Hunt- ington Beach, California, that it finds and determines and hereby declares: (a) That the public interest and necessity require the acquisition, construction and completion of a public im- provement, namely a public street; and (b) That the public interest and necessity require the acquisition for and in connection with said public improve- ment the real property, or interest in real property hereinafter 1, Res. Na,. 2147 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 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 corporation, a fee simple estate, unless a lesser estate is hereinafter ex,�.. pressly described, in and to the said hereinafter described real property, or interest in real property, by negotiation, or by condemnation, in accordance with the provisions of the Code of Civil rocedure and the Constitution of the State of California 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 jurisdict ion thereof as are necessary for such acquisitions. 3. The real property, or interest in real property, which the City of Huntington Beach is by this resolution auth- orized to acquire, is situated in she City of Huntington Beach, County of Orange, State of California, and is more particularly described as follows: PARCEL 1. That—portion of the northeast quarter of Fraction- al Section 299 Township 5 South, Range 11 West, San Bernardino Base and Meridian, in the City of Hunting- ton Beach, as per Map recorded in Book 51, Page 13 of Miscellaneous Maps, Hecords of said County, de- scribed as follows: 2, Res. No. 2147 Beginning at the northwest corner of the northeast �uarter of said Fractional Section 29 thence S 0 43' 22" E, 368.50 feet along the west line of the northeast quarter of Fractional Sec- tion 29 to a point, said point lying on a curve concave to the southeast and having a radius of 690.00 feet, a radial line through said point bears N 620 13'48" w, thence northeasterly along said curve 70.25 feet through a central angle of 50 50' 00" to a point, said point also lying on a line parallel' to and lying 20.00 feet easterly, measured at right angles, from the west line of the northeast quarter of Fractional Section 29, said point being the True point of Beginning; thence continuing along the above mentioned curve 411*31 feet through a central angle of 34 09'15" to a point, said point lying on a line parallel to and 30.00 feet southerly, measured at right angles, from the north line of Fractional Section 29; thence N 89039154" W 130.29 feet aPng the last mentioned line to a point; thence e 00 43. 22" E 75.00 feet to a point; thence N 89 39'54" W 50.00 feet, to a point, thence N 080 43' 22" W 25.00 feet to a point; thence N 89 39' 54" W 50.00 feet to a point; thence S 000 43' 22" E. 50.00 feet to a point; thence N 89039' 54�" Ted 50.00 feet to a point, said point lying on a line parallel to and 20.00 feet easterly, measured at right angles from the west line of the northeast quarter of Fractional Section 29, thence S 00 43'22" E 25.00 feet along last described line to a point; thence S 89039 " E 50.00 feet to a point; thence S $0 75.00 feet to a point; thence N 89 39'54" W 50.00 feet to a point, said point also lying on a line parallel to and 20.00 feet easterly, measured at right angles from the west line of the northees6 quarter of Fractional Section 29, thence S 00 43' 22" E 94.77 feet along the last described line to the True Point of Beginning. PARCEL 2. That portion of the northeast quarter of Fractional Section 29, TownshiP.:-5$outh, Range 11 West, in the City of Huntington Beach, as per map recorded in Book 51, Page 13 of Miscellaneous Maps, Records of said County, described as follows: 3• Res. No. 2147 Beginning at the northwest corner of the north- east quarter of Fractional 5ectioU 299 Township 5 South, Flange 11 West, thence S 00u 43' 22" E 368.50 feet along the west line of said. northeast quarter of Fractional Section 29, to the true point of beginning, said point being the northeasterly terminus of a curve concave to the southeast, having a radius of 690.00 feet, and a length of 22.29 feet as described in a Deed recorded as Document No. 13319, Book 7220, , Page 871, official records, in the office of the Orange County recorder; thence continuing along the west line of saig northeast quarter of Fractional Section 29, S 00 43' 22" E 336.77 feet, said line being also the east line of the above mentioned Deed recorded as Document No. 13319, to a point; said point being also the southerly terminus of the before mentPned east line of before mentioned Deed; thence N 20 05' 10" E 282.52 feet to the beginning of a tangent curve concave to the southeast having a radius of 570.00 feet; thence northeosterl along said curve through a central angle of 69 34, 44" a distance of 692.20 feet to a point, said point lying on a line parallel t0 and 60.00 feet south, measured at right angles from the north line of the northeast quarter of Fractional Section 29; thence S 890 39' 54" E 19.04 feet along a line t%gent to last described curve to a point; thence N 00 20' 06" W 90.00 feet to a point, said point lying on a line parallel to and 30.00 feet north, measured at right angles from the north line of the northeast quarter of Fractional Section 29; thence N 89 39' 54" W 220.29 feet along a line parall-. el to and 30.00 feet north, measured at right angles from the north line of the northeast quarter of Frac- tional Section 29, to a point, said point lying on a curve concave to the southeast having a radius of 690.00 feet; thence southwest8rl y6.along said curve through a central angle of 50 4 15" a distance of 611.42 feet to the, true point of beginning. PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, at a regular meeting held on the 511h day Of April , 1965. ATTEST: ayor APPROVED AS TO F : L Jame5,,-D . Plunk t, i .y lerk City Attorney Bkz eorge h ata, Asst.Ci'<y Attorney 4. Res. No. 2147 STATE OF CALIFORNTA 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- 5t-h day of April 1965, by the following vote: AYES: Councilmen: Gisler, Stewart , Lambert , Shipley NOES: Councilmen: None ABSENT: Councilmen: Welch city cler affd ex-offIcIZ; Z!Ierk of the City Council of the City of Huntington Beach, California