Loading...
HomeMy WebLinkAboutCity Council - 3328 RESOLUTION NO. 3328 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 acqui- sition, 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; 2 . The hereinafter described real property or interest in real property is necessary for said proposed public improvement ; 3 . The use for which said property is being acquired is a public use authorized by law, to wit : public highway; 4 . It is necessary that the taking of said property or interest in real property be in fee simple ; and 5 . DON P . BONFA, City Attorney for the City of Huntington Beach, is hereby authorized, directed and empowered to acquire in the name of the City of Huntington Beach , a municipal corpo- ration, a fee simple estate 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 as may be applicable , and to prepare and prosecute in the name of the City of Huntington Beach 1. such proceeding or proceedings in the proper court having jurisdiction thereof as are necessary for such acquisition. 6 . 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 set forth in "Exhibit A" which is attached hereto and made a part hereof by reference . 7. Resolution No. 3184 is hereby repealed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California at a regular meeting thereof held on the 17th day of May, 1971 . A101AP-1 's a e AYOR ATTEST : C7�.t.�e City erk APPROVED AS TO FORM: mow...._-._,v _......,.,.... a- µ. amity 2 . That portion of Section 24, Township 6 South Range 11 West in the Rancho Las Bolsas in the city of Huntington Beach, County of Orange , State of California, as shown on a map recorded in Book 51, page 14 of Miscellaneous Maps , in the office of the County Recorder of said County, described as follows : A strip of land 100 .00 feet in width lying 50 .00 feet either side , measured at right angles , from the following described centerline : Beginning at the northeast corner of said Section 24 ; thence south 890 32' 40" west 145 .06 feet along the north line of said Section 24 to a point on a non- tangent curve concave to the northwest having a radius of 1000 .00 feet a radial line through said point bears south 590 23 ' 40" east ; thence southwesterly along said curve through a central angle of 120 27 ' 19" an are distance of 217 . 39 feet to a point on a tangent line; thence south 43' 03 ' 39" west 80 .64 feet along said line to a point on a nontangent curve concave to the northeast having a radius of 4717 . 50 feet a radial line through said point bears south 430 03 ' 39"east , said curve being the north- easterly 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 continuing south 430 03 ' 39" west 145 .00 feet to a point on a tangent curve concave to the southeast having a radius of 828 .64 feet; thence southwesterly along said curve through a central angle of 91 44 ' 00" an arc distance of 140 .77 feet to a point on the northeasterly boundary line of a record of survey recorded in Book 29 , page 27 , Records of Survey of said Orange County , said point being the True Point of Beginning, said point being distant north 520 00 ' 13" west 257 . 29 'feet along said northeasterly boundary line from Station "A" as shown on said Record of Survey 29-27 (said northeasterly boundary line being called south 521 00 ' 10" east per said Record Survey 29-27) ; thence continuing along said curve concave to the southeast , having a radius of 828 . 64 feet , southwesterly through a central angle of 230 32 ' 12" an arc distance of 340 .00 feet to a point on a tangent line; thence south 91 47 ' 27" west 51.08 feet along said line to a point on a tangent curve concave to the northwest having a radius of 800 .00 feet ; thence southwesterly along said curve through a central angle of 200 58 ' 25" an arc distance of 292 .85 feet to the terminus of the described centerline , said terminus lies on a nontangent curve (PAGE 1 OF 2 PAGES) "EXHIBIT A" concave to the northeast having a radius of 2000 . 00 feet a radial line through said point bears north 33' 20 ' 40" east , said curve being the northeasterly line of parcel of land for State Freeway purposes described as parcel 2B in a Final Order of Condemnation recorded in Book 7502 pages 533 Official Records of Orange County , California, the side lines of said 100 .00 foot strip of land to be lengthened or shortened as to terminate on the northeast to said northeasterly boundary line of Record of Survey 29-27 and on the southwest to said northeast line of said Freeway Parcel . Containing 1 .57 acres more or less. (PAGE 2 OF 2 PAGES) "EXHIBIT A" Res. No. 3328 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 17th day of May 19 71 , by the following vote: AYES: Councilmen: Bartlett , Gibbs , Green, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: Shipley City Clerk and -officio Clerk of the City Council of the City of Huntington Beach, California