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HomeMy WebLinkAboutCity Council - 3081 Doc.LLw.cvtt 3 Rac*Y-dad �Ib�7S 13K. - iasss RESOLUTION NO. 3081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUSPENDING THE ISSUANCE OF BUILDING, PLUMBING, ELECTRICAL, SIGN, GRADING AND OTHER PERMITS IN THE PARKING AUTHORITY PRO- JECT DURING THE PENDENCY OF CONDEMNATION PRO- CEEDINGS WHEREAS, the beach and . downtown area of the City of Huntington Beach is in need of adequate parking facilities , and the city is authorized by the Parking Law of 1949 (Streets and Highways Code, Section 32500 et seq. ) to provide such fa- cilities through its Parking Authority; and The City Council, by Resolution No . 3082 has approved the "Top of the Pier" Development Plan as recommended by the Urban Land Institute Citizens ' Steering Committee; and City finds and determines that the health, safety and welfare of the public requires and it is in the best interest of the City of Huntington Beach and the Parking Authority that the City suspend the issuance of building, plumbing, electrical, sign, grading and other permits on the hereinafter described real property in order to preserve the integrity of said prop- erty from the date of this resolution and continuing during the pendency of such condemnation proceedings . NOW, THEREFORE, the City of Huntington Beach does resolve as follows : 1 . That the area within the City of Huntington Beach, described in Exhibits "A, " "B" and "C" attached hereto and 1. made a part hereof, described and designated for purposes of condemnation pursuant to eminent domain proceedings authorized by the Parking Authority, Resolution No. 12, and development and construction thereof of parking facilities and uses inci- dental thereto, as authorized by the Parking Law of 1949 . 2 . That the health, safety and welfare of the public requires that it is in the best interests of the City of Hunt- ington Beach and the Parking Authority of the City of Hunting- ton Beach that the issuance of building, plumbing, electrical, sign, grading and other permits in said parking facility area be suspended as hereby ordered, and that no permits shall issue from and after the date of this resolution, and continuing during the pendency of condemnation proceedings for said park- ing facility area. 3 . Nothing in this resolution shall be construed to pro- hibit the issuance of building, plumbing, electrical, sign , grading and other permits in order to make minor repairs and maintain existing structures within the above-described parking facility area. 4 . Alterations or remodeling of an existing structure within the parking facility area may be permitted when the owner of the structure and the person in possession of said structure agree in writing that they understand and have received notice that the property may be subject to eminent domain proceedings , and they further understand and agree that the value or cost of the alteration or remodeling, or the increase in value of the structure, by reason of said alteration or remodeling, shall not be considered for the purpose of appraisal of said property, or the acquisition of such property by the city or the Parking Authority for the above project . 5 . Nothing herein shall be construed as a limitation on the city, county, state, federal government or any other public agency to enforce any code, statute or ordinances applicable to properties within said parking facility area. 6 . Any expenditures made by the city for the preparation 2 . of plans, studies, analyses, engineering plans, architectural pl ans , appraisalsnecessar or other expenditures shall be y reimbursed to city by the Parking Authority at such time as funds are available in the Parking Authority Fund. 7 . Resolution No. 3046 is hereby repealed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at an adjourned regular meeting thereof held on the loth day of November, 1969 . zoo 4 Mayor ATTEST: uitygZlerk APPROVED AS TO FORM: City ttorn 3 • PROPOSED PARKING AUTHORITY EXPANSION AREAS LEGAL DESCRIPTION FOR THE AREA DESIGNATED AS A!-',EA All that portion of Huntington Beach Trac* , a: v .r: ",rn a map recorded in Book 3, page 36 of Miscellaneous- Map , �?e orris of Orange County, California, bounded on the �.outr?!.y!�t't by t? northeasterly .right of way line of (Ocean Avenue ) Pucifi roast Highway and its northwesterly and southeasterly r;ro7t npr`�t ior;s , bounded on the northwestby the southeasterly r1jht of way line of Fifth Street, 80.00 feet in width as now laid out , bo,inded on the northeast by the southwesterly right of way line ;f' Walnut Avenue, and its northwesterly and southeasterly pro- longation, bounded on the east adjacent to Block 1�1 of sail tract by the westerly right of way line of walnut Avenue , and bounded on the southeast by the northwesterly right cf way line of (First Street ) Lake Street. EXHIBIT "All k PROPOSED PARKING AUTHORITY EXPANSION AREAS LEGAL DESCRIPTION FOR THE AREA DESIGNATED AS AREA NUMBER 2 That portion of the northwest one quarter of fractional Section 14, Township 6 South, Range 11 West, San Bernardino Base and Meridian, Orange County, California being more particularly described as follows : Beginning at the intersection of the northeasterly right of way line of (Ocean Avenue) Pacific Coast Highway, with the southeasterly right of way line of (First Street) Lake Street; 75 feet in width as shown on a map of Huntington Beach Tract, recorded in Book 3, Page 36 of Miscellaneous Maps, Records of Orange County, California; thence Northeasterly 885 feet more or less, along said southeasterly line of Lake Street to an angle point in said right of way line thence< northerly 40 feet more or Tess along the easterly right of way of (First, Street) Lake Street to its intersection with a line parallel with and 65.00 feet southerly measured at right angles from the south- westerly prolongation of the north line of the northeast one quarter of said fractional section 14; thence easterly 125 feet more or, less along said parallel line thence southwesterly 630 feet more or less to the most northerly corner of the sur- face improvements of that development known as the Huntington Shores Motel, as said improvements exist on January 27, 1969 thence westerly, northerly, westerly, southerly, southwesterly and southerly following the most northerly and westerly limits <` of surface improvement of the before described development to its intersection with a line parallel with and 255 feet south- easterly measured at right. angles from the before mentioned southeasterly . right of way line of (First Street) Lake Street$ thence southwesterly along said parallel line 175 feet more or less to a point in the northeasterly right of way-line of (Ocean Avenue) Pacific Coast Highway; thence northwesterly, along said right of way line 255 feet more or less, to the point of begin- ning. EXHIBIT "B" j 1 PROPOSED PARKING AUTHORITY EXPANSION AREAS LEGAL DESCRIPTION FOR THE AREA DESIGNATED AS APEA ?U IEuE:R 3 Block I05 of Huntington Beach Tract as shown on a map recorded in Book 3, page 36 of Miscellaneous Maps , Records of Orange County, California. G EXHIBIT "C" 4 Recording Requested by the City of Huntington Beach. BK 12555PG 1833 63 ;Z This document is solely for the ' WHEN RECORDED MAIL TO official business of the City r EXEMPT of Huntington Beach, as contem- GTY OF HUNTINGTON BEACH G5 plated under Government Code Office of the City Clerk Sec. 6103 and should be recorded P. 0. Box 190 free of char-e. Huntington Beach, CA. RESOLUTION NO. 3081 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUSPENDING THE ISSUANCE OF BUILDING, PLUMBING, ELECTRICAL, SIGN, GRADING AND OTHER PERMITS IN THE PARKING AUTHORITY PRO- JECT DURING THE PENDENCY OF CONDEMNATION PRO- i CEEDINGS WHEREAS, the beach and downtown area of the City of Huntington Beach is in need of adequate parking facilities, and the city is authorized by the Parking Law of 1949 (Streets and Highways Code, Section 32500 et seq. ) to provide such fa- cilities through its Parking Authority; and The City Council, by Resolution No. 3082 has approved the "Top of the Pier" Development Plan as recommended by the Urban Land Institute Citizenst Steering Committee; and City finds and determines that the health, safety and welfare of the public requires and it is in the best interest lip of the City of Huntington Beach and the Parking, Authority that the City suspend the issuance of building, plumbing, electrical , sign, grading and other permits on the hereinafter described real property in order to preserve the integrity of said prop- erty from the date of this resolution and continuing during the pendency of such condemnation proceedings . NOW, THEREFORE, the City of Huntington Beach does resolve as follows : 1 . That the area within the City of Huntington Beach, described in Exhibits "A," "B" and "'C" attached hereto and RECORDED IN OFFICIAL RECORDS �I OF ORANGE COUNTY, CALIFORNIA Min.Past l x R M. FEB 6 1978 t J.WYLIE DARLYLk WWRY Recorder 1. 8K 1255157 K 1834 made a part hereof, described and designated for purposes of condemnation pursuant to eminent domain proceedings authorized by the Parking Authority, Resolution No. 12, and development and construction thereof of parking facilities and uses inci- dental thereto, as authorized by the Parking Law of 1949 . 2. That the health, safety and welfare of the public requires that it is in the best interests of the City of Hunt- ington Beach and the Parking Authority of the City of Hunting- ton Beach that the issuance of building, plumbing, electrical, sign, grading and other permits in said parking facility area be suspended as hereby ordered, and that no permits shall issue from and after the date of this resolution, and continuing during the pendency of condemnation proceedings for said park- ing facility area. 3 . Nothing in this resolution shall be construed to pro- hibit the issuance of building, plumbing, electrical, sign , grading and other permits in order to make minor repairs and maintain existing structures within the above-described parking facility area. 4 . Alterations or remodeling of an existing structure within the parking facility area may be permitted when the owner of the structure and the person in possession of said structure agree in writing that they understand and have received notice that the property may be subject to eminent domain proceedings, and they further understand and agree that the value or cost of the alteration or remodeling, or the increase in value of the structure, by reason of said alteration or remodeling, shall not be considered for the purpose of appraisal of said property, or the acquisition of such property by the city or the Parking Authority for the above project . 5. Nothing herein shall be construed as a limitation on the city, county, state, federal government or any other public agency to enforce any code, statute or ordinances applicable to properties within said parking facility area. b. Any expenditures made by the city for the preparation 2 B ,I2255 K 1835 of plans, studies, analyses, engineering plans, architectural plans, appraisals or other necessary expenditures shall be reimbursed to city by the Parking Authority at such time as funds are available in the Parking Authority Fund. 7. Resolution No. 3046 is hereby repealed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at an adjourned regular meeting thereof held on the loth day of November, 1969 . Mayor ATTEST: City4vlerk APPROVED ,AS TO FORM: City horn 3 . BK 12555P6 f 6S6 PROPOSED PARKING AUTHORITY EXPANSION AREAS LEGAL DESCRIPTION FOR THE AREA DESIGNAThD AS AIiL;A All that portion of Huntington Eeae : Trac+ , a. r, a map recorded in Book 3, page 36 of Miscel lar;eou,- %:aT ,. , ', , 7 JrJ,' of Orange County,, California, bounded on the northeasterly .right of way line of (Ocean Avenue) Highway and its northwesterly and southeasterly r;r:;l ::r:,•:, r ± c;,:: , bounded on the northwest by the southeasterly right of vj,-ty 11tie of Fifth Street, $0.00 Peet in width as now laid ou;., , boanded I on the northeast by the southwesterly right of way 11ne Walnut avenue, and its northwesterly and southeasterly F;r;;- longation, bounded on the east adjacent to block 1')l of s i i i tract by the westerly right of way line of Walnut. Aveivie- , �Jn(l bounded on the southeast by the northwesterly risvht (.,I' wa; 11 m, of (First Street) Lake Street. EXHIBIT "A" ML X)U MRMUTY OF WRITING, TYPING OR PRINTING UNSAIISPACTORY IN VMS DOMME T WHEN REC IVRD i a . 6 sK , 91537 PROPOSED PARKING AUTHORITY EXPANSION AREAS LEGAL DESCRIPTION FOR THE AREA DESIGNATt;D AS AREA NUMBER 2 That portion of the northwest one quarter of fract ,on�l Section 14, Township 6 South, Range 11 West, San Bernardino Bane and Meridian, Orange County, California being more particularly described as follows: Beginning at the intersection of the northeasterly right of way line of (Ocean Avenue) Pacific Coast Highway, with the southeasterly right of way line of (first Street) Lake Street; 75 feat in width as shown on a asap of Huntington Beach Tract, recorded, In Book 3, Page 36 of Miscellaneous Maps Records of Orange County, California; thence Northeasterly 5A5 feet-more or lees, along said southeasterly line of take Street to an angle point in said right of way line thence northerly 40 feet more or less along the easterly right of way of (First Street) Lake Street to its intersection with a line parallel with and 65.00 feet southerly measured at right angles from the south- westerly prolongation of the north line of the northeast one quarter of said fractional section 14 thence easterly 125 feet more or less along said parallel line thence southwesterly 630 feet more or less to the most northerly corner of the sur- face improvements of that development known as the Huntington Shores Motel, as said improvements exist on January 27 1969; thence westerly, northerly, westerly, southerly, southeesterly and southerly following the most Northerly and westerly limits of surface improvement of the before described development to Its intersection with a line parallel with and 255 feet south- easterly measured at right. angles from the before mentioned southeasterly. right of way line of (First Street) Lake Street, thence southwesterly along said parallel line 175 feet more or leas to a point in the northeasterly right of way line of (Ocean Avenue) Pacific Coast Highway, thence northwesterly, along said right of way line 255 Peet more or less, to the point of begin- ning. EXHIBIT "B" j BK 12555PG 1638 Y p PROPOSED PARKING AUTHOPITY EXPANSION AREAS LEGAL DESCRIPTION POR THE AREA DESIGNATED AS AREA ..U,*IE,F}' i Block iO5 of Huntington Beach Tract as shown on a map recorded in Book 3, page 36 of Miscellaneous Maps , Records of Orange County, California. EXHIBIT "C" Res. No. j081 STATE OF CALIFORNIA ) BK 1 2555P6 I 8 9 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- officia 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 _ioLL-. day of „November 19 (1 by the following vote: AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney, Coen, Green NOES: Councilmen: None ABSENT: Councilmen: None City' Clerk and -of icio Cleric of the City Council of the City of Huntington Beach, California The foregoing instrument is a correct copy of the original on file in this office. Attest 19 2k City Clerk 2.nd E 0 flic iti Clerao f th a ;i Council of the Clty of hiunfington Deacli, Cal. By Deputy Res. No. 3081 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 loth day of November 10_6(�_, by the following vote: AYES: Councilmen: Shipley, Bartlett , McCracken, Kaufman, Matney, Coen, Green NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and -officio Clerk of the City Council of the City of Huntington Beach, California