HomeMy WebLinkAboutCity Council - 3350 RESOLUTION NO . 3350
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH DECLARING THAT THE PUBLIC IN-
TEREST AND NECESSITY REQUIRE THE ACQUISITION OF
CERTAIN REAL PROPERTY FOR THE CENTRAL CITY PARK
(PORTIONS OF PHASES II AND IIA) 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 , Central City Park (portions of
Phases II and IIA) ,
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 ac
quisition, construction and completion of a public improve-
ment for park and recreational purposes , namely , Central City
Park, Phases II and IIA, by the City of Huntington Beach; and
2 . The real property or interest in real property de-
scribed in Exhibit A attached hereto 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 provided; and
4 . DON P . BONFA, City Attorney for the City of Hunt-
tington 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 prop-
erty , by condemnation in accordance with the provisions of
the Code of Civil Procedure Sections 1237 et seq. and
1.
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 pro-
secute in the name of the City of Huntington Beach such
proceeding or proceedings in the proper court having juris-
diction 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 set forth in Exhibit A which is
attached hereto and made a part hereof.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach, California, at a regular meeting thereof
held on the l6th day of August 1971 •
Mayor
ATTEST:
City erk
APPROVED AS TO FORM:
City Att rney
-2-
PARCEL 1: The east half of the southwest quarter
of the northwest quarter of Section 35, Township
5 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 13 of miscellaneous maps , records of
Orange County, California.
Excepting therefrom the south 20 feet for roads ,
aqueducts , ditches , pipes, flumes or other conduits
for water, as set forth in the deed from The Stearns
Ranchos Company, recorded December 12, 1900 in book
43, page 193 of deeds and as reserved in subsequent
deeds of record.
Also excepting from said land all oil, gas and other
hydrocarbon substances which may be produced prior
to February 1, 1971 from said property from a depth
below 200 feet from the surface thereof, and also
excepting all oil, gas and other hydrocarbon sub-
stances which may be produced from said property
from a depth below 200 feet from the surface thereof
from wells which are producing oil, gas or other
hydrocarbon substances in commercially paying
quantities from said property on February 1, 1971,
said right to continue as to each such well only so
long as the well continues to produce oil, gas and
other hydrocarbon substances in commercially paying
quantities and to terminate and end as to each such
well whenever after February 1, 1971, said well shall
cease to produce oil, gas and other hydrocarbon sub-
stances in commercially paying quantities .
Provided, however, that the exceptions and reservations
hereinbefore set forth shall not entitle grantors ,
their heirs , executors , administrators or assigns
to any use of or rights in or to any portion of the
surface of said property or to any portion of said
property to a depth of 200 feet below the surface of
said property. Excepting only that upon demand by
grantors or their successors in interest , grantee
or its successors in interest shall designate in
writing sufficient area of said property to drill up
to 4 oil wells and access roads thereto, in such
location as grantee or its successors in interest
may elect as a drill site area to be evidenced by
a notice in writing filed in the office of the
County Recorder of Orange County, California, and
the surface of and/or subsurface of said drill site
area may be used in connection with the drilling of
wells for the production of oil, gas and other
EXHIBIT A - page 1
hydrocarbon substances from a depth of more than
200 feet below the surface of the property herein
conveyed and in connection with the production,
processing and removal of oil, gas and other hydro-
carbon substances therefrom, provided that such drill
site area shall not be used for a natural gas plant
or a refinery or for the dehydration or purification
of oil not produced from the property herein con-
veyed and provided, further, that all rights in
such drill site area shall cease and terminate
upon the termination of the rights of grantors to
oil, gas and other hydrocarbon substances hereunder,
as contained in the deed from Boe Tunstall Co . , a
partnership , composed of H. P . Tunstall and Earl
Leonard Tunstall, recorded March 21, 1956 in book
3443, page 581 of Official Records .
PARCEL 2 : The south half of the southeast quarter of
the northeast quarter of the northeast quarter of
Section 34, Township 5 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 13 of miscellaneous
maps , records of said county .
Excepting therefrom the west 175 feet .
PARCEL 3 : The west 175 feet of the south half of the
southeast quarter of the northeast quarter of the
northeast quarter of Section 34 , Township 5 south,
Range 11 west , partly in the Rancho La Bolsa Chica
and partly 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 13 of miscellaneous maps , records of said county .
Excepting therefrom an undivided 1/3rd interest in all
oil, gas and other hydrocarbon substances in and
under said land but without any right to enter upon
the surface of said land or the subsurface thereof
to a depth of 550 feet below the surface as reserved
in the deeds from Frances Sue Coffin Hazeltine recorded
July 25, 1961 in book 5795, page 315, official records ,
and from Dorothy Coffin Bancroft recorded July 25,
1961 in book 5795, page 316, official records .
Also excepting therefrom the interest in all oil, gas
and other hydrocarbon substances in and under said
land but without any right to enter upon the surface
of said land or the subsurface thereof to a depth of
550 feet below the surface as set forth in a decree
quieting title in Orange County Superior Court Case
No . 130786 a certified copy of which was recorded
August 30 , 1962 in book 6232, page 419 of official
records .
EXHIBIT A - page 2
Res. No. 3350
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 16th
day of August 19__Ll , by the following vote :
AYES: Councilmen:
Shipley, Bartlett. G n. Coen. Mc ra. k n
NOES: Councilmen:
None
ABSENT: Councilmen:
ne
City Clerk and -officio Clerk
of the City Council of the City
of Iuntington Beach, California