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 Resolution No. 3184 is hereby repealed.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 :
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City erk
APPROVED AS TO FORM:
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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