HomeMy WebLinkAboutCity Council - 2675 RESOLUTION NO. 2675
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH DECLARING THAT
THE PUBLIC INTEREST AND NECESSITY REQUIRE
THE ACQUISITION OF CERTAIN REAL PROPERTY
FOR A FIRE STATION SITE AND FOR OTHER
PUBLIC FACILITIES AND AUTHORIZING THE
ACQUISITION OF SAID PROPERTY BY
CONDEMNATION OR NEGOTIATION AND
DIRECTING ITS ATTORNEY TO PROCEED WITH
SUCH ACTION
WHEREAS, the City of Huntington Beach is antici-
pating the immediate construction of a fire station and other
public facilities; and
WHEREAS, construction of said fire station and
public facilities is imminent and it is necessary that certain
real property, hereinafter set forth, affected by the
construction of this fire station and other public facilities
be acquired by the City of Huntington Beach; and
WHEREAS, it is in the public interest and neces-
sity to acquire said land for the construction of said fire
station and other public facilities;
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
and hereby declares :
(A) That the public interest and necessity
require the acquisition, construction and completion of a
public improvement, namely a fire station and other public
facilities;
(B) That the public interest and necessity
require the acquisition for and in connection with said
- 1 -
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. least private injury.
2 . BE IT FURTHER RESOLVED that K. DALE BUSH, 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
expressly described, in and. to the said, hereinafter described
real property or interest in real property, by condemnation
in accordance with the provisions of the Code of Civil Proce-
dure 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 jurisdiction thereof
as are necessary for such acquisition.
3. 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 City of Huntington
Beach, County of Orange, State of California, and. is more
particularly described as follows :
PARCEL 1. The Northwest quarter of the Southeast quarter of
the Northwest quarter of Section 35, Township 5 South, Range 11
West in the Rancho Las Bolsas, as shown on a Map recorded. in
Book 51, Page 13 of Miscellaneous Map, records of Orange
County, California.
2 -
Excepting therefrom one-half of all minerals, oil, gas, asphal-
tum, brea and other hydrocarbon substances in or under said.
land, as reserved, in the deed from Robert H. Larsen and. wife,
recorded September 11, 1950 in book 2069, page 166, Official
Records;
By a Quitclaim Deed recorded February 6, 1964 in Book 6913,
Page 899, Official Records all rights of the grantor to a
depth of 500 vertical feet below the surface of said, land was
quitclaimed. It is the intention of the Grantors to remise,
release and quitclaim to the Grantee all their right, title
and, interest in and to all minerals, oil, gas, asphaltum, brea
and other hydrocarbon substances to a depth of 500 vertical
feet below the surface of the above described land, as said.
minerals were reserved. to the Grantors in a, deed. recorded
September 11, 1950 in Book 2069, Page 166 of Official Records .
The reservation contained in said, deed as to all of the land
below 500 vertical feet shall remain in full force and effect,
except that the grantor shall have no right to enter upon the
surface of said. land., except upon the Westerly 50.00 feet of
the Easterly 70.00 feet of the Southerly 50 .00 feet and also
the Westerly 50.00 feet of the Easterly 70.00 feet of the
Northerly 50 . 00 feet thereof, for the purpose of extracting
said. oil and minerals .
PARCEL 2. One-half interest in all minerals, oil, gas, asphal-
tum, brea a,nd, other hydrocarbon substances in or under the
following described. land.:
The Westerly 50.00 feet of the Easterly 70.00 feet of the
Southerly 50.00 feet and the Westerly 50 .00 feet of the
Easterly 70.00 feet of the Northerly 50. 00 feet of the North-
west quarter of the Southeast quarter of the Northwest quarter
of Section 35, Township 5 South, Range 11 West in the Rancho
Las Bolsas, as shown on a Map recorded. in Book 51, Page 13 of
Miscellaneous Maps, records of Orange County, California.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach, California, at a regular adjourned meeting
thereof held on the 2nd day of January , 1968.
Mayor
ATTEST:
C ity Clerk
APPROVED AS TO FORM:
LOU ANN MARSH ALL, Asst. City Attorney
3 -
Res. No2675
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 seven; 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 2nd
day of January lg 68 , by the following vote:
AYES: Councilmen:
Coen, Bartlett, Gisler, Kaufman, Stewart, Green, Shipley
NOES: Councilmen:
None
ABSENT: Councilmen:
None
City Clerk an ex-officio Clerk
of the City Council of the City
of Huntington Beach, California