HomeMy WebLinkAboutCity Council - 3575 RESOLUTION NO. 3575
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH DIRECTING A SUBSTITUTION OF LAND
FOR PARK LAND PURCHASED WITH HUD ASSISTANCE
WHEREAS, the City of Huntington Beach has used for library
purposes 5 . 02 acres of land purchased for Huntington Central
City Park with assistance from "Open Space" funds of the
United States Department of Housing and Urban Development (HUD) ,
a plat of said property being attached hereto as EXHIBIT A,
the legal description of said property being:
That portion of the south one-half (SW 1/2)
of the southwest one-quarter (SW 1/4) of Section 26,
Township 5 South, Range 11 West , San Bernardino
Base and Meridian 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 , in the office of the Recorder of said County
described as follows :
PARCEL 1: Beginning at the southwest corner of
said Section 26; thence north 89°20122" east 990 .00
feet; thence north 0039 ' 38" east 30 . 00 feet to the
True Point of Beginning; thence continuing north
0°39 '38" east 482 . 16 feet to a point on a non-tangent
curve concave to the southwest having a radius of
160 . 00 feet, a radial line thru said point bears
north 57010 , 45" east ; thence northwesterly along said
curve thru a central angle of 17020123" an arc distance
48. 42 feet to a curve concave to the southwest having
a radius of 420 . 00 feet ; thence northwesterly along
said curve thru a central angle of 40040127" an arc
distance 298 . 16 feet; thence south 89009 ' 55" west
23 . 57 feet ; thence south 0050 ' 04" east 660 .85 feet
to a line parallel with and 30 . 00 feet northerly ,
measured at right angles , from said south line; thence
along said line north 89020122" east 330 .00 feet to
the True Point of Beginning, consisting of 4 .42 net
acres .
PARCEL 2 : Beginning at the southwest corner of said
Section 26; thence along the south line of said Section
26 north 89020122" east 1014 . 55 feet ; thence north
0°39 ' 38" east 30 . 00 "feet to the True Point of Beginning;
thence continuing north 0°39 '38" east 397 . 00 feet to
1.
a curve concave to the southwest having a radius of
160 . 00 feet; thence northwesterly along said curve
thru a central angle of 32009 ' 37" an arc distance
89 . 81 feet to a non-tangent line; thence along said
line south 0°39 ' 38" west 482 .16 feet to a line
parallel with and 30 . 00 feet northerly , measured at
right angles , from said south line ; thence along said
line north 89°20122"east 24 . 55 feet to the True Point
of Beginning, consisting of . 60 net acres
and
WHEREAS, HUD has declared said usage to constitute a con-
version of said 5 . 02 acres , and
WHEREAS, the City of Huntington Beach did on August 18,
1972 acquire with its own funds the title to certain land con-
tiguous to said Huntington Central City Park, which land is
appropriate for park use, being scenic with a vista therefrom
of the sea, a plat of said land being attached hereto as EXHIBIT
B, the legal description of said property being:
PARCEL 1 : The southwest quarter (SW 1/4) of the
northwest quarter (NW 1/4) of the southwest quarter
(SW 1/4) of the northeast quarter (NE 1/4) of Section
34, Township 5 South, Range 11 West, partly in the
Rancho La Bolsa Chica and partly in the Rancho Las
Bolsas , as shown on a map recorded in Book 51, page 13
of Miscellaneous Maps , records of Orange County ,
California.
EXCEPTING THEREFROM the west 40 feet;
ALSO, EXCEPTING THEREFROM all oil, gas , minerals and
other hydrocarbon substances or byproducts or other
derivatives therefrom in or under and now being
produced from or to be produced from said lands ,
consisting of approximately 2 . 20 net acres .
PARCEL 2 : The South 380 '+ of the east half (E 1/2)
of the northwest quarter TNW 1/4) of the southwest
quarter (SW 1/4) of the northeast quarter (NE 1/4)
of Section 34 , Township 5 South, Range 11 West partly
in the Rancho La Bolsa Chica and partly in the Rancho
Las Bolsas , as shown on a map recorded in Book 51,
page 13 of Miscellaneous Maps , records of Orange
County , California, consisting of approximately 2 . 88
net acres .
and
2 .
WHEREAS, the land shown on EXHIBIT B contains 5 . 08 acres
and thus exceeds in area the 5 . 02 acres of property declared
to have been converted and shown on EXHIBIT A. and
WHEREAS, the fair market value of the property shown on
EXHIBIT A is at most 53� per square foot , and the fair market
value of the land shown on EXHIBIT B is at least 59� per square
foot, and the land shown on EXHIBIT B is in every other respect
equal to or superior to the property declared to have been con-
verted, and shown on EXHIBIT A,
NOW, THEREFORE, BE IT RESOLVED that the City of Huntington
Beach shall substitute the land shown on EXHIBIT B for the
property declared to have been converted and shown on EXHIBIT A.
that all necessary steps to dedicate said land shown on EXHIBIT
B for use solely for Huntington Central City Park shall be
taken forthwith, and that the deed restrictions required by HUD
for land acquired with "Open Space" funds shall be forthwith
recorded as to said property .
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 18th
day of September, 1972 .
tz
Mayor
ATTEST:
City erk
APPROVED AS TO FORM:
ity A orney
3 .
OFFICE OF
I"s'°� CITY ATTORNEY
_-= s P. O. BOX 190
HUNTINGTON BEACH
sF�O°Irtr`pp� CALIFORNIA 92648
September 18, 1972
DON P. BON FA TELEPHONE
CITY ATTORNEY (714)536-5261
Honorable Mayor and City Council
City of Huntington Beach
Post Office Box 190
Huntington Beach, California 92648
Gentlemen:
I have examined the resolution of the City Council of the
City of Huntington Beach directing a..substitution of land
for park land purchased with HUD assistance .
I have made appropriate inquiry and I am satisfied that
there is no pending or threatened litigation (either in
Federal or State Courts ) challenging your authority to
adopt said resolution and that no legislation (either State
or local) has been enacted which affects your power or
authority to adopt said resolution and carry ,out the action
directed thereby.
I am therefore, of the opinion that you are authorized to
adopt said resolution and that, when adopted, it will con-
stitute a valid and binding dedication and restriction of
the use of the property .
Respectfully submitted ,
DON P. BONFA
City Attorney
DPB :lm
Res. No. 3575
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 September 19 72 , by the following vote:
AYES: Councilmen:
Shipley, Bartlett, Gibbs, Green, Matne_y, Duke,_ Coen
NOES: Councilmen:
None
ABSENT: Councilmen:
None
City Clerk an -officio Clerk
of the City Council of the City
of Huntington Beach, California