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HomeMy WebLinkAboutCity Council - 3166 RESOLUTION NO. 3166 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 THE EXTENSION OF MAGNOLIA STREET FROM BANNING AVENUE TO PACIFIC COAST HIGHWAY, 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 proposing a public improvement , namely, extension of Magnolia Street from Banning Avenue to Pacific Coast Highway; NOW, THEREFORE, BE IT RESOLVED as follows : The City Council of the City of Huntington Beach finds , determines and declares as follows : 1. The public interest and necessity require the acquis- ition, construction and completion of a public improvement , namely, extension of Magnolia Street from Banning Avenue to Pacific Coast Highway, by the City of Huntington Beach; and 2 . The hereinafter described real property or interest in real property is necessary for said proposed public improvement ; and 3 . It is necessary that the taking of said property or interest in real property be in fee simple unless a lesser estate is hereinafter expressly described; 4 . DON P. BONFA, City Attorney for the City of Hunting- ton Beach, 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 said hereinafter described real property or interest in real property, by condemnation in accordance with the provisions of the Code of Civil Procedure , Section 1237, et seq. and the Constitution of the State of California relating to eminent domain and such 1 . other statutes of the State of California as may be applicable , and 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. 5 . 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 : Beginning at the northeasterly corner of Fractional Section 24; thence south 0° 38 ' 30" east 519 .51 feet along the east line of said Fractional Section 24 to its inter-- section with a nontangent curve , concave to the northeast , having a radius of 4717 . 50 feet , a radial line , through said intersection bears south 370 30 ' 51" west, said curve being the northeasterly right of way line of the Orange County Flood Control District DO-1 Channel (Huntington Beach Channel) 145 . 00 feet in width as now laid out; thence north- westerly along said curve and said Channel right of way line 456 . 69 feet through a central angle of 5° 32 ' 48" to a point ; thence leaving said curve and said channel right of way line south 430 03 ' 39" west 145 . 26 feet to a point on a tangent curve, concave to the southeast having a radius of 778 . 64 feet ; thence southwesterly 136 . 36 feet along said curve through a central angle of 100 02 ' 03" to the True Point of Beginning; said point lies on the northeasterly boundary line of a record of survey recorded in Book 29 , Page 27, Record of Surveys , Records of Orange County, Cali- fornia; said line bears through said point south 520 00 ' 13" east (being called south 520 00 ' 10" east per said Record of Survey) ; thence continuing southwesterly along said curve 283 . 53 feet through a central angle of 20' 51 ' 45" to the beginning of a compound curve , concave to the northeast having a radius of 32 . 00 feet ; thence southeasterly 51 .59 feet along said curve through a central angle of 920 22 ' 24" to a point on a tangent line ; thence north 800 12 ' 33" west 164 . 11 feet to a point on a tangent curve , concave to the northwest having a radius of 32 . 00 feet ; thence northwesterly along said curve 49 . 18 feet through a central angle of 880 03 ' 15" to the beginning of a reverse curve concave to the 2 southeast having a radius of 878 . 64 feet; thence northeasterly along said curve 335 . 18 feet through a central angle of 211 51' 25" to a point on the northeasterly boundary line of the beforementioned record of survey; thence south 521 00 ' 13" east along said line 100 . 33 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 thereof held on the 4th day of May, 1970 . Mayor ATTEST: City, erk APPROVED AS TO FORM: } Ci rney J'ML:mw 3 . Res. No. 3166 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 4th day of May 1970 by the following vote: AYES: Councilmen: Green, Bartlett, McCracken, Gibbs, Matne , Coen, Shipley NOES: Councilmen: None ABSENT: Councilmen: None (01 City Clerk an fficio Clerk of the City Council of the City of Huntington Beach, California