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HomeMy WebLinkAboutCity Council - 3074 RESOLUTION NO . 3074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THAT PUBLIC INTEREST AND NECESSITY REQUIRES THE ACQUISITION OF CERTAIN REAL PROPERTY FOR CONSTRUCTION AND DEVELOPMENT OF LIBRARY AND PUBLIC PARK FACILITIES AND USES IN- CIDENTAL THERETO, AND AUTHORIZING THE CONDEMNATION OF SAID PROPERTY OR NEGOTIATION FOR ACQUISITION, AND DIRECTING ITS ATTORNEY TO PROCEED WITH SUCH ACTION WHEREAS, the City of Huntington Beach is anticipating the construction and development of library and public park facil- ities and uses incidental thereto; and Construction of said facilities is imminent and it is neces- sary that certain real property, hereinafter set forth, affected by the construction of said facilities be acquired by the City of Huntington Beach; and It is in the public interest and necessity to acquire said land for the construction of such facilities ; NOW, THEREFORE, BE IT RESOLVED as follows : 1. That the public interest and necessity requires the acquisition, construction and completion of public improvements , namely : library and public park facilities and uses incidental thereto . 2 . That the public interest and necessity requires the acquisition for and in connection with said improvement of the real property or interest in real property hereinafter described; and 3 . That the City Attorney and City Administrator for the City of Huntington Beach, be and they are hereby authorized, directed and empowered to acquire in the name of the City of Huntington Beach, a municipal corporation, a fee simple estate, 1. unless a lesser estate is hereinafter expressly described, in and to said hereinafter described real property or interest in real property, by condemnation in accordance with the pro- visions of the Code of Civil Procedure Section 1237 et seq. 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. 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 City of Huntington Beach, County of Orange, State of California, and is more particularly des- cribed as follows : The East half of the East half of the Southwest quarter of the Northeast quarter of the Northeast quarter of Section 343 Township 5 South, Range 11 West partly in the Rancho Las Bolsas and partly in the Rancho La Bolsa Chica, as shown on a Map re- corded in Book 51, page 13 of Miscellaneous Maps, records of Orange County, California. Excepting therefrom the North 260 feet . Also excepting therefrom that part of said land below a plane parallel to and 500 feet below the present surface thereof 99% of all oil, gas , petroleum and other hydrocarbon substances and minerals and also reserving the right to enter upon the surface and in the top 500 feet of the East 30 feet and the North 200 feet of above described land for the purpose of drilling and extracting and marketing all oil, gas , petroleum and other hydrocarbon substances and minerals from underneath all of said East half of the East half of the Southwest quarter of the Northeast quarter of the Northeast quarter below the 500 foot level as described herein, but without the right of entry upon the surface or in the top 500 feet of any of the herein described land except said East 30 feet thereof and the North 200 feet thereof, as reserved 2 . in the deed from Cleve Sedoris, a single man, recorded September 26, 1956 in Book 3656, page 75 of Official Records . PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California at a regular meeting thereof held on the Ord day of November , 1969 . v- Mayor ATTEST: City, erk APPROVED AS TO FORM: Ci y At orne 3 Res. No. 3074 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 3rd day of November 1069_, by the following vote : AYES: Councilmen: Shipley, Bartlett , McCracken , Kaufman , Matne.y, Coen, Green NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and -officio Clerk of the City Council of the City of Huntington Beach, California A