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HomeMy WebLinkAboutCity Council - 3169 RESOLUTION NO . 3169 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 CENTRAL CITY PARK (PHASE II) , AND AUTHOR- IZING 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, Central City Park (Phase II) ; 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 acquisi- tion, construction and completion of a public improvement for park and recreational purposes , namely, Central City Park, Phase II, by the City of Huntington Beach; and 2 . The hereinafter described real property or interest in real property is necessary for said proposed public im- provement ; 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 provided; 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 other statutes of the State of California 1 . 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 described as follows : Parcel 1: That land situated in Rancho La Bolsa Chica, described as follows : The North 15 acres of the Southeast Quarter of the Southeast Quarter of Section 27 , Township 5 South, Range 11 West , S . B. B . & M. EXCEPTING all oil, gas and other hydrocarbon substances in, under and/or that may be produced from a depth below 500 feet from the surface of said land, provided that such reservation shall not entitle grantor to any use of or to any rights in or to any portion of the surface of said land to a depth of 500 feet below the surface thereof. Parcel 2 : The West 12 . 05 acres , more or less , of the South 25 acres of the Southeast Quarter of the Southeast Quarter of Section 27, Township 5 South, Range 11 West , in the Rancho La Bolsa Chica, as shown on a map recorded in Book 51, Page 13, of Miscellaneous Maps , Records of Orange County , California . EXCEPTING all oil, gas and other hydrocarbon substances in, under and/or that may be produced from a depth below 500 feet from the surface of said land, provided that such reservation shall not entitle grantor to any use of or to any rights in or to any portion of the surface of said land to a depth of 500 feet below the surface thereof. Parcel 3 : That portion of the East 15 acres of the South 25 acres of the Southeast Quarter of the Southeast Quarter of Section 27, Township 5 South, Range 11 West , in the 2 . Rancho La Bolsa Chica, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps , Records of Orange County, California, described as follows : Beginning at the Northeast corner of said South 25 acres ; running thence Southerly along the East line of said South 25 acres , 300 feet ; thence Westerly in a straight line 145 . 20 feet ; thence Northerly in a straight line 300 feet ; thence Easterly in a straight line along the North line of said 25 acre parcel, 145 . 20 feet to the 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 18th day of May 1970 . 1. l Mayor ATTEST : Paul C. Jones By: City Clerk ASS stant My Mer APPROVED AS TO FORM: lty Attorney 3 • Res. No. 3169 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 18th day of M;T, 19 70 , by the following vote: AYES: Councilmen: Green, Bartlett, McCracken, Gibbs , Coen, Shipley NOES: Councilmen: None ABSENT: Councilmen: Ma the v Paul C . Jones City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California By � � Assistant City Clerk