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HomeMy WebLinkAboutCity Council - 4410 RESOLUTION NO . 4410 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING AN AGREEMENT FOR THE RELOCATION OF OPEN SPACE VIEW EASEMENT IN THE VICINITY OF LOS PATOS WATER TOWER PROPERTY AND AUTHORIZING EXECUTION OF APPROPRIATE DOCUMENTS TO EFFECT EASEMENT RELOCATION WHEREAS, the developer of the Los Patos Water Tower property, George Armstrong and his successors-in-interest, are desirous of relocating the open space view easement over the property described in the agreement of April 6 , 1976; and The City of Huntington Beach is amenable to the relocation of said open space view easement, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that it hereby approves the agreement attached hereto as Exhibit "A" and authorizes the execution by the Mayor and City Clerk of appropriate documents to effect the relocation of said easement . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of February, 1977 . ATTEST: Alicia M. Wentworth City Clerk Mayor Pro Tempore Deputy Cit Clerk REVIEWED AND APPROVED: APPROVED AS TO FORM: Cit Administrator City Attorney INITIATED AND APPROVED NO FISCAL IMPACT AS TO CONTENT : 000, FISCAL E} 3�. . T_. 71 JOC: cs FISCAL tL REQUIRES FINANCIAL I`AFACT Re00RT - - Res. No. 4410 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) as: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified 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 7th day of February 19 77 by the following vote: AYES: Councilmen: Bartlett, Pattinson, Coen, Gibbs, Siebert, Shenkman NOES: Councilmen: None ABSENT: Councilmen: Wieder Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California by: Deputy City Clerk/ WHEN,, RECORDED MAIL TO" � �OR , n 6549 - CITY OF HUNTINGTON BEA169 pUrS orNrO/ 4 10902 Office of the City Clerk By This document is solely for the P. 0. BOX 190 EXE CalifPT official business of the City of Huntin Huntington Beach, a{if. 92648 C 9 ,ton Beach, as contem- plated u<iu r Covernment Code See. 6103 and should be recorded RESOLUTION NO, 4410 free of charg%X-Exempt-V*WnMnt City of Huntinotn Dea,�f A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF At'o'a nt 'C` "``°'girth HUNTINGTON BEACH AUTHORIZING AN AGREEMENT FOR cityt�rtc THE RELOCATION OF OPEN SPACE VIEW EASEMENT IN By:,,/ THE VICINITY OF LOS PATOS WATER TOWER PROPERTY Deputy City Clerk AND AUTHORIZING EXECUTION OF APPROPRIATE DOCUMENTS TO EFFECT EASEMENT RELOCATION WHEREAS, the developer of the Los Patos Water Tower property, George Armstrong and his successors-in-interest, are desirous of relocating the open space view easement over the property described in the agreement of April 6, 1976; and The City of Huntington Beach is amenable to the relocation of said open space view easement, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that it hereby approves the agreement attached hereto as Exhibit "A" and authorizes the execution by the Mayor and City Clerk of appropriate documents to effect the relocation of said easement PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of February, 1977 . ATTEST: Alicia M. Wentworth C7I/WV '✓ Grp 1.✓'�si.I�'s'•'( �i- City Clerk Mayor Pro Tempore Deputy Cit Clerk tf REVIEWED AND APPROVED: APPROVED AS TO FORM: Cit Administrator City Attorney INITIATED AND APPROVED ") Tr CONTENT : NO FISCAL IMPACT FISCAL JOC: cs FISCf,L REQUIRES FIlvANOAL I(APACT RE1 0RT 120 9 a Res. No. 4410 STKI'E OF CALIFORNIA ) COUNTY OF ORANGE } as: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified 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 7th day of February, 19 77 , by the following vote: AYES: Councilmen: Bartlett, Pattinson, Coen, Gibbs, Siebert Shenkman NOES: Councilmen: None ABSENT: Councilmen: Wieder Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Reach, California The foregoing instrument is a correct copy by: Deputy City cler of the original on fife in this office. Attest ...9.....1972...... City Clerk and Ex-officio Clerk of the C!'" [F1ECORDED IN OFFICIAL RECORDS Council of the City of Huntington Beach, F ORANGE COUNTY, CALIFORNIA 4j7 Min. 4 P M MAR $ 1977 �. IV Recordor it 1209G?G 661 t I i C16:a' :'.t 1 u: WHEN RECORDED MAIL T0: RE GCS 0p G " QUE official business of the City BY of Hu nti.:e_ ton Beach, as contem- CITY OF HUNTINGTON BEACH plated under Goverment Code Office of the City Clerk EXHIBIT "A" Sec- 6103 and should be recorded P. 0. Box 190 tree of charge.- itington Beach, Calif. 92648 Tex-Exi���t-�bv�fnrri�nt A�ert1� Chy °a��i:HUatingtbn B�bch titj Clerik By:. . laeputy City C�erR AGREEMENT RE RELOCATION OF OPEN SPACE VIEW EASEMENT IN THE VICINITY OF LOS PATOS AND MARINA VIEW PLACE THIS AGREEMENT entered into this ' day of 197-7 , between the CITY OF HUNTINGTON 01 BEACH , a municipal corporation organized under the laws of the State of California, hereinafter called "CITY'", WILLIAM B. JOHNS and ELIZABETH COLLEEN JOHNS , hereinafter collectively called "JOHNS" , and GEORGE ARMSTRONG, hereinafter called "ARMSTRONG" $ for an exchange in the location of a permanent, open space view easement in favor of the CITY, WITNESSETH: WHEREAS, ARMSTRONG has recently purchased certain real property from CITY, and JOHNS have subsequently purchased a portion of said property from AR14STRONG, and- Said real property is encumbered by a permanent, open space view easement in favor of CITY and encompasses the area specifically described in Exhibit "A" attached hereto, and CITY, JOHNS and ARMSTRONG mutually desire to exchange the open space view easement on the property referred to herein and specifically described in Exhibit "A'" for an open space view ease- ment over certain real property owned by JOHNS and ARMSTRONG, aC t 249G't GG2 NOW, THEREFORE, the parties hereto agree as follows: 1 . CITY agrees to release the open space view ease- ment over the property specifically described in Exhibit "A" . 2 . JOHNS and ARMSTRONG agree to convey an open space view easement in perpetuity to CITY over the portion of the property as specifically described in Exhibit, "B". 3 . The instruments conveying the open space view ease- ment in perpetuity to CITY over the property referred to in Exhibit "B" shall be recorded on the same date as the instrument removing the open space view restriction on the property referred to herein as Exhibit "A". 4 . The open space view easement shall preclude any structure exceeding thirty-six inches (36") in height measured from the finished grade of the adjacent street (Marina View Place) . F HUNTINGT EACH ('CITY) ATTEST: GG (�;yo Pro Tempore Alicia M. Wentworth City Cler by: Deputy REVIEWED AND APPROVED: APPROVED AS TO FORM: zty A nistrator y Attorney s WJXIIA?A B. 0 COLLEEN JOHNS ARMS x I 'NOJG '1'4 5E4- EXHIBIT "A" That portion of the northeast quarter of the northwest quarter of fractional Section 29 , Township 5 South , Range 11 hest , in the Rancho La Bolsa Chica in the city of Huntington Beach as per map recorded in Book 51 , page 13 of Miscellaneous Maps , Records of Orange County , California described as follows : PARCEL 1 : Beginning at the southeast corner of the northeast one quarter of the northwest one quarter of said fractional Section 29 , said Point of Beginning being also the centerline intersection of Los Patos Avenue and Marina View Place, both 60 feet wide thence north 004312211 west along the east line of said northeast one quarter of the northwest one quarter of fractional Section 29 and said centerline of Marina View Place 266. 34 feet; thence south 89016 ' 38" west 30.00 feet at right angles to said centerline to a point in the west line of said Marina View Place and the True Point of Beginning, said True Point of Beginning bears south 0043 ' 22 east along said west line 273.70 feet from a point of intersection of said west line and the southeasterly right-of-way line of Warner Avenue 120 feet wide; thence south 89016 ' 38" west 89 . 62 , fee,t ; thence south 0043122" east 55 .00 feet thence south 69016 ' 38" west 99 .26 feet to a point on said southeasterly right- of-way line of Warner Avenue ; said point being on a curve concave northwesterly having a radius of 860 .00 feet , a radial bearing to said point bears south 4604312411 east.; thence northeasterly along said curve and said southeasterly right-of-way line through a central angle of 11052104/1 an arc length of 178. 13 feet to a point on said curve, a radial bearing to said point bears south 58035 '28" east ; thence departing from said curve south 004312211 east 60 .00 feet ; thence north 89 16 ' 38" east 89 .62 feet to a point on afore- mentioned west line of Marina View Place ; thence south 0043 ' 22" east along said west line 2,5 .00 feet to the True Point of Beginning except that portion of Lot 9 of said Tract No. 7743 as shown on the map recorded in Book 379, page 20 and 2) of, Miscellaneous Maps in the 'Office of the County Recorder of said county. PARCEL 2 ; Beginning at the southeast corner of the northeast quarter of the northwest quarter of fractional Section 29 , said corner being also the centerline intersection of Los Patos Avenue and Marina View Place both 60 feet wide thence along the south line of said northeast auarter of the northwefit -nuartar mnA azlA STATE OF CALIFORNIA ss: it 1420%n GG3 COUNTY OF ORANGE ) day of ' -- . 19 • before me, On this _ � a Notary F'ub "c in and for said County and State, personally appeared known to me to be the maayor(/'o ow9pot� and known to me to be the,d ' lt f� City Clerk of the Huntington Beach, the municipal corporati city of on hat executed the within instrument, known to mie to be 4'A Persons who executed the within instrument on behalf of said mm ,Cipal corporation and acknowledged to me that such municipal corporation executed .the same. ro 1 EXHIBIT ►►B'► Those portions of Tract No. 7743 as shown on a map recorded in Book 379, 'page 20 & 21, of Miscellaneous Maps , records of Orange County, California, described as follows PARCEL 1: That portion of Lot 3 of said Tract No. 7743 lying northerly of a line parallel with and 20.00 feet southerly measured at right angles from the north line of Lot 4 of said Tract No. 7743. PARCEL 2 : The North 110 .00 feet of Lot 4 of said Tract No. 7743. PARCEL 3 Lot 8 of said Tract No. -7743. Except the East 124.62 feet of the South 55.00 feet thereof. 4 f i }.do,/ •l 3 qq s .v b gv b,a star v 0 o_02 1112096?c 667 178-_ 26 MARINA VIEW PLACE z as'rx, —17,11 ' cs AIR / \.�Ir (?D 9D. 285 /4 60. \ � /3 >o 0 ,2 O ~ 0-NI, �Z J/ t Z� 4 0. 2 4 s 52r 53 c ,e' y 12 !4 {I 12 T • � DR/VE o bsj' 2960•0 21. W , d 9,4 o' 13 6 ti 10 g O � h /vo 4680 64,04120 62; l22 DRIVEtA15 4 17 /00 3, a b � J >ao NO.566T 29 �$ zoo NOTE ASSESSOR'S BLOCK & ASSESSOR'S tviAP i w PARCEL NUMkRS IrDGE'WAMR BOOK 178 PACE 28 � �•74 TO 19 INCL. SHOWN IN CIRC LES LAW cntluly OF OR TO 33 INCt 50 46 ...,...� ..-.a. :... -,a.t.: r It 12096PC 668 MAIi, TAX „STATEMENTS TO: 10903 A.P. #178-285-01 & 02 (Portions) George Armstrong 3481 Gilbert Drive EXUAP . Huntington Beach;, CA 92649 C This document is solely for the REQlCSR0pe official business of , CiV, '�1IHE1� RECORDED 1NAlL '�'Q} $r of Huntington Beach Conte..i- CITY OF WJN I Irvu i USN i3EACM ted undor Goverr . ,t Code Ofke caf the City Clerk IN OPPICIft WOORDS s0 6103 and should be recordot P.0. Box 190 OF OMAN" CIOUN`IY,CAUFON" tr of charge. Huntington Beach, Calif. 92+648 REBY DECLARE THE DOCUMENTARY TRANSFER j 30 MK A P M MAR !r=-Ex9mpt:G0"rnment Ageni, IS s i1.NrUE C1t►t�,Clq�eMMI City of Huntington Beach TAX IS: Ailds M.'Wontworth COMPUTED ON FULL VALUE OF PROPERTY . City Clerk COWAYCD; OR, COMNUT[D ON FUL'. VAIU� LESS LIENS RELEASE OF PERMANENT OPEN SPACE AND[PICUMBRANCES REMAINING AT 1IM.E EASEMENT �rR� ,d&r+'c•` OF SALE. Deputycity�e FOR VALUABLE CONSIDERATION, the CITY OF HUNTINGTON BEACH, a municipal corporation, hereby releases and cTuit claims to GEORGE A. ARMSTRONG that open space view easement in favor of the CITY OF HUNTINGTON BEACH over the property specifically described as follows ; That portion of the northeast quarter of the northwest quarter of fractional Section 29, Township South, Range 11 West, in the Rancho La Bolsa Chica in the city of Huntington Beach as per map recorded in Book 51, page 13 of Miscellaneous Maps , Records of Orange County, California described as follows : PARCEL 1 : Beginning at the southeast corner of the northeast one quarter of the northwest one quarter of said fractional Section 29, said Point of Beginning being also the centerline intersection of Los. Patos Avenue and Marina View Place, both 60 feet wide`; thence north 6043122" west along the east line of said northeast one quarter of the northwest one quarter of fractional Section 29; and said centerline of 'Marina View Place 266.34 feet ; thence south 8901.613811 west 30.00 feet at right angles to said centerline to a point in the west line of said Marina View Place and the True Point of Beginning, said True Point of Beginning bears south 0043122" east along said west line 273 . 70 feet from a point of intersection of said west line and the southeasterly right-of-way - line of Warner Avenue 120 feet wide; thence south 89016138" west 89 . 62 feet; thence south 0043122" east 55. 00 feet; thence south 89016138" west 99 . 26 feet to a point on said southeasterly right- of-way line of Warner Avenue; said point being on a curve concave northwesterly having a radius of 860.00 feet, a radial bearing to said point bears south 4604312411 east; thence northeasterly along said curve and said southeasterly right-of-way line through a central angle of 11052104" an arc length of 178.13 feet to a point on said curve, a radial bearing to said point bears south 58°3512811 east thence departing from said curve south 0043/ 2211 east 60 .00` feet; thence north 8901613811 east 89. 62 feet to a point on afore- mentioned west line of Marina View Place; thence south 0043122" 6cg east along said west sine 25.00 'feet to the True Point of Beginning, except that portion of Lot 9 of said Tract No. 7743 as shown on the map recorded in Book 379, pages 20 and 21 of Miscellaneous Maps in the Office of the County Recorder of said county . PARCEL 2; Beginning at the southeast corner of the northeast quarter of the northwest quarter of Fractional Section 29, said corner being also the centerline intersection of Los Patos Avenue and Marina View Place both 60 feet wide; thence along the south line of said north- east quarter of the northwest quarter and said centerline of Los Patos Avenue 304 . 31 feet; thence north 0008'07" west at right angles to said centerline 30.00 feet to a point in the north right-of-way line of said Los Patos Avenue and the True Point of Beginning, said point being also on a non-tangent curve concave northwesterly having a radius of 645 .00 feet, a radial bearing to said point bears south 28°02129" east; thence northeasterly along said curve through a central angle of 9050 ' 37" an are length of 110 .81 feet to a point, a radial bearing to said point bears south 37053106" ;east; thence north 89051 ' 53" east 20.83 feet, thence south 0043122" east 60 .00 feet to a point of the aforementioned north right-of-way of Los Patos Avenue, thence south 89051 ' 53" west along said north 'right-of-way line 114 . 45 feet to the True Point of Beginning. EXECUTED on this the day of is , 1977 ATTEST: CITY OF HU'NTINGTON BEACH (CITY) Alicia M. Wentworth B City Glerk Mayor Pro Tempore By; Connie Brockway, De ty REVIEWED AND APPROVED AS APPROVED AS TO FORM: INITIATING DEPARTMENT: STATE OF CALIFORNIA ) ss + COUNTY OF ORANGE 1 20�.'u �� I On this day of _ , 19 7- , before me. a Notary Publ'c in and for said Cofinty an Stag►, personally appearipd _ � ..• known to to be the Mayor and , known to me to the � City Clerk of the city of huntingtonsheadh, the municipal corporation t at executed the within instrument, known to me to be the persons who executed the within instrument on behalf of said municipal corporation and acknowledged to me that such municipal corporation executed the, same 10 'RNA ; I ' AP #178-285-0-1 %' "� prGoRG�17 tAnn TOJ ( 10904 (Portion) CITY OF HUNTIt0GTON 8F.AGM C� I G Ei�' Office Cf W-= City Clerk P. 0. Box 190 ntington Beach, Calif. 92648 EXEMPT C2 Tax-Eam t-Government Agsney City of Huntington Beach Alicia M.Welntwerft city CW* d�1U&000>. GRANT OF OPEN SPACE VIEW EASEMENT aP*City Cleric IN FAVOR OF THE CITY OF HUNTINGTON BEACH FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, GEORGE A. ARMSTRONG hereby grants to the CITY OF HUNTINGTON BEACH an open space view easement over property specifically described as follows: Those portions of Tract No. 7743, as shown on a map recorded in book 379 , page 20 4 21 of miscellaneous maps, records of Orange County, California described as follows: PARCEL 2: the North 110 . 00 feet of Lot 4 of said Tract No. 7743 EXECUTED THIS 27 DAY OF January 19 77 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA :o post 4 P M MAR 8 1977 t }.WYLIE C111A M Cwq Ill III in STATE. OF CALIFORNIA IFORNIA on....Jallua.ry.....2..........t4...7.x:,before one,the undersigned,a Notary Public in and for said s: G,untr and State.Pt"omny aareored......Gearga...A. ....Armst.ron.g............... (-0UN1Y oi, .Orange ......... ............................ ........:. . ......:.... ...... .. ..:......ktwwn to the to be the petson whow n.tme. .....................................subscAud to the within i ranteent,sad ack ` wkdged t one that........he..........executed the same. ..................................ri•...M..INN... oriir;IAL SEAL f Notary's signatnra ............................... ....... DIAh KAY HARIML C)Wo GE COUATY t My Commission Expires Sept. 12. 11110 ... }i •.. • ...........................i.N.It AP #178-285-01 .SON BEACH logos (Portion) { v Cierk it 1209GF Tax rxernPt•Governmel.t Agency l� d� iIatit. 92648 011950 City of ;+tInPiptnn Beach Alicr. 11, WCr.z,.tttth CA Clark OF 1N0O y�I� ��hDIAI, brit ID".CIALWOMA Clty Clerk 130post 4 P M MAR 8 1m, A W"WAWA g1"MN& ' GRANT OF OPEN SPACE VIEW zASEMENT IN FAVOR OF THE CITY OF HUNTINGTON BEACH FOR VALUABLE CONSIDERATION. receipt of which is hereby acknowledged, GEORGE A. ARMSTRONG` hereby ,grants to the CITY OF HUNTINGTON BEACH an open space view easement over property specifically described as follows; Those portions of Tract No. 7743 as shown on a map recorded in Book 379 , page 20 & 21 of Miscellaneous Maps, records of Orange County , California, described as follows: PARCEL 1 : That portion of Lot 3 of said Tract No. 7743 lying northerly of a line parallel with and 20.00 feet southerly measured at right angles from the north line of Lot 4 of said Tract No. 7743. EXECUTED THIS 3 DAY OF February , 1977 . �T'A'I"F OF CAUFORNIA Can....Feb{".11 ...3L.....__....ioll.....before me,t6 undersirud.a Notary Public in and for said s�. coun and statej+ ... ..... r P t'CN 7'Y OF. ORANGE ........ ........ � ................... Ittx►rvn to to be the {, .. .....subscribed to the+within' t,and acknowM o t..: .....ht........txecuted the same. N OFFICIAL SEAL Notary's si .. . .., MICHAEL 6.BLASI f Nolary Ir ,1;:•Crl;farnia • 01VI JOE r t3J ITY g .. A.v Commnt+on Err' t J,jne 14 1979 iO3 u< '��r�y PEG " •�nL TO: r` ` • AP #17:F3-285 `i.i1 y (_ /°,F H, %GTON BEACH (Faction) ref C:,y Cl--�rk EXEMPT LO/ I C-10 C 2 Tax- EX Exempt-GO"fament Agenc, u C H �t,n,tGr b-.-och, Calif. 92648 itY 0f Huntington Bea, h Alicia M. wentwa rlh '; Cate Clerk 8y: OA ... cap*city Clerk RPrC0l1rt0 NN wo0dl�s , or ORAOM Coumm 0"Meam 34 � 4 p M MAR 8 1977 L WU tmVik tuft trarNr GRANT OF OPEN SPACE VIEW EASEMENT IN FAVOR OF THE CITY OF HUNTINGTON BEACH FOR VALUABLE CONSIDERATION. " receipt of which is hereby acknowledged, WILLIAM B. JOHNS and ELIZABETH COLLEEN JOHNS hereby grant to the CITY OF HUNTINGTON BEACH an open space view easement over . property specifically described as follows; Those portions of Tract No. 7743 as shown on a asap recorded in i book 379 , page 20 4 21 of miscellaneous maps, records of Orange County, California described as follows: j' PARCEL 3 1 Lot 8 of said Tract No. 7743. Except the East 124.62 feet of the South 55.00 feet thereof. EXECUTED THIS 28 DAY OF January 19 77 ELI,; #BETH COLLEEN JOHNS VFA fF. OF CALIFORNIA On..January...,21............19... beton nk.the undersigned.a Notary Public in and for said fsS. County and State,PersonalW isopored.William...B......J.ahn".a....B.tXdi ....... .. ._.............. Ot'Nll' OF. .O.range......... E.liz:abeth...Cm 1.ee ...r .Q IASi known to me t� try thr , pers"n, . . wh, se name. <........ . .... ...............subscribed to the within iD t.and.ack itdpi)tp the that......t..he..y.....executed the Manse. Y T' OFFICIAL SEAL Notary's St ... ..................... ... DIA•1S KAY HARRELI .rs mj';� 1 W tSt- 00W4TY My Commuuon Expires Sept. 12, Iq00 ...............................................x-