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HomeMy WebLinkAboutCity Council - 2351 RESOLUTION No. 2351 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THAT CERTAIN PROPERTIES ARE NEEDED FOR PUBLIC PURPOSES AND AUTHORIZING EMPLOYHENT OF SPECIAL COUNSEL TO ACT ON BEHALF OF THE CITY IN OBTAINING IM- MEDIATE POSSESSION THEREOF, AUTHORIZING THE CONDEMNATION THEREOF. WHEREAS, Tentative Tract Map No. 6183 has been approved by the Planning Commission of the City of Huntington Beach; and , WHEREAS, certain parcels of private property, as describ- ed in report of Title Insurance Company titled "Order No. 43216811 , will be within a street right-of-way in Tract No. 6183; and WHEREAS, the public interest and necessity require that this street be developed within Tentative Tract No. 6183; and WHEREAS, the developer of Tract No. 6183 offered the services of his counsel to act In behalf of the City of Hunt- ington Beach; and WHEREAS, the developer has agreed to bear all expenses in this matter, BE IT THEREFORE RESOLVED that the City Council of the City of Huntington Beach does hereby find and determine that public interest and necessity requires that a certain street be installed and provided for within Tentative Tract No.6183 and further requires that said city do have, take, and acquire fee title to, for street purposes, 1. Res . No. 2351 certain lands in the City of Huntington Beach, County of Orange, State of California , described as : PARCEL 1: The South 36 feet of the North 200 feet of the West 22 feet of the East 66 feet of that portion of the northwest quarter of the southeast quarter of Section 27, Township 5 South, Flange 11 West, in the Rancho La Bolsa Chica, in the city of Huntington Beach, county of Orange, State of California , as per map re- corded in book 51 page 13 of Miscellaneous Maps, in the office of the county recorder of said county, de- scribed as follows : Beginning at the northeast corner of the northwest quarter of the southeast quarter of said section 27, thence South 488 feet; thence South 890 23' West 440 feet; thence North 488 feet; thence North 890 23' East 440 feet to the point of beginning. EXCEPT all oil, gas and other hydrocarbon substances in and under said land. PARCEL 2: The South 36 feet of the North 164 feet of the West 22 feet of the East 418 feet of that portion of the northwest quarter of the southeast quarter of Section 27, Township 5 South Range 11 West, in the Rancho La Bolsa Chica, in the city of Huntington Beach,county of Orange, state of California, as per map recorded in book 51,page 13 of Miscellaneous Maps,in the of- fice of the county recorder of said county, described as follows : Beginning at the northeast corner of the northwest g g quarter of the southeast quarter of said section 27; thence South 488 feet; thence South 890 23' West 440 3 feet; thence North 488 feet; thence North 890 231 East�440 feet to the point of beginning. EXCEPT all oil, gas and other hydrocarbon substances in and under said land. PARCEL 3: The South 36 feet of the North 200 feet of the West 44 feet of the East 264 feet of that portion of the Northwest quarter of the southeast quarter of Section 27 , Township 5 South, Lange 11 West, in the Rancho La Bolsa Chica , in the city of Huntington Beach,county 2. Order No. of Orange, State of California , as per map recorded in book 51, page 13 of Miscellaneous Maps, in the office of the county recorder of said county, describ- ed as follows : Beginning at the northeast corner of the northwest quarter of the southeast quarter of said section27; thence South 488 feet; thence South 89023'We8t 440 feet; thence North 488 feet; thence North 89 23' East 440 feet to the point of beginning. EXCEPT all oil, gas and other hydrocarbon substances in and under said land. PARCEL 4: The South 36 feet of the North 200 feet of the West 22 feet of the East 308 feet of that portion of the northwest quarter of the southeast quarter of Section 27, Township 5 South, Range 11 West, in the Rancho La Bolsa Chica, in the City of Huntington Beach, county of Orange, state of California , as per map re- corded in book 51, page 13 of Miscellaneous Maps, in the office of the county recorder of said County,de- scribed as follows : Beginning at the northeast corner of the northwest quarter of the southeast quarter of sad section 27; thence South 488 feet; thence South 89 23' w8st 440 feet; thence North 488 feet; thence North 89 23' East 440 feet to the point of beginning. BE IT FURTHER RESOLVED, that Heinly & Rickles, attorneys at law are hereby authorized as special counsel for the City at Huntington Beach, and they are hereby ordered and directed to bring an action in the name of said city in the Superior Court of the State of California, in and for the County of Orange to condemn fee title to said property necessary to be taken as herein ordered and described, and to do all things necessary to prosecute said action to final determination. BE IT FURTHER RESOLVED, that the public interest, necess. 3. Res. No, 2351 ity and convenience require, and it is hereby ordered that the City of Huntington Beach, a municipal corporation, plaintiff in the condemnation action ordered herein, take immediate possession and use of the property herein ordered to be ac- quired upon compliance with the requirements of law applicable thereto; that Heinly & Rickles, the attorneys appointed herein are' authorized to pay, on behalf of the City of Huntington Beach, said amount as required, with the Clerk of the Court. BE IT FURTHER RESOLVED, that said action for condemna- tion of said property so to be acquired shall be taken in ac- cordance with the provisions of the Code of Civil Procedure and the Constitution of the State of California relating to eminent domain. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at its regular meeting held on the 4th day of April , 1966. a or ATTEST: City TPrk APPROVED AS TO FORM : JAMES D. PLUNKETT City Attorney 4. Res® No. 2351 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss : CITY OF HUNTINGTON BEACH ) I, PAUL Ca 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 4th day of April 1966 , by the following vote: AYES: Councilmen: Welch, Gisler, Stewart, Lambert Shiley NOES: Councilmen: None ABSENT: Councilmen: None 2 " City Clerk and -officio lerk of the City Council of the City of Huntington Beach, California