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HomeMy WebLinkAboutCity Council - 6655 • RESOLUTION NO. 6655 A RESOLUTION OF PUBLIC NECESSITY OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA APPROVING THE ACQUISITION OF CERTAIN REAL PROPERTY TO PERMIT STREET WIDENING WHEREAS, by Ordinance No. 3128 on April 20, 1992, the City Council of the City of Huntington Beach (the"City") adopted the Garfield Avenue Right of Way Project as a part of the Holly-Seacliff Master Plan and Specific Plan (the "Project"); and The City Council is authorized under Government Code sections 3 73 50.5 and 40404 to utilize the power of eminent domain to acquire real property for the purpose of installing, constructing and widening public streets, for installing traffic circulation utilities and for related public purposes; and Portions of real property (the "Property") known as Assessor's Parcel Numbers 111-110- 07; 111-110-10; 111-110-14; 111-130-05; 111-130-11 & 12; 111-140-01; 111-140-04, 05 & 06;111-140-083 111-140-09; and 159-281-03, which real property is more particularly described in the legal descriptions collectively attached hereto as Exhibit "A" and by this reference incorporated herein, is adjacent to Garfield Avenue in the City; and The City Council has determined that it is in the interest of the City to widen Garfield Avenue to its maximum width in accordance with the Project; and Pursuant to Government Code Section 65402, on August 17, 1993, the Planning Commission of the City of Huntington Beach adopted General Plan Conformance No. 93-7 and Resolution No. 1485 stating the findings and determinations of the Planning Commission that the location, purpose, and extent of the proposed acquisition of the Property conforms with the City's General Plan; and 1 41s:G:Reso1:Garfwid61 V2R94 All persons whose names and addresses appear on the last equalized assessment roll for the Property were given notice of the intention of the City to adopt a Resolution of Public Necessity and to direct the institution of eminent domain proceedings, and informing them of the right to be heard on said matter pursuant to the Code of Civil Procedure Section 1245.235; and A public hearing was held by the City Council on December 5, 1994, at which the matter set forth above and in Code of Civil Procedure Section 1240,030 were discussed, including the following matters: (a)whether the public interest and necessity require the acquisition of the Property; (b)whether the street widening is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; (c)whether the Property is necessary for the street widening project; and (d)whether an offer of just compensation pursuant to Government Code Section 7267.2 has been made to the owner or owners of record; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: Section 1: That the above Recitals are all true and correct and are incorporated herein. Section 2: That the City Council does hereby find and determine: A. That the City Council, pursuant to Government Code Sections 37350.5 and 40404(a) is empowered to condemn any property necessary to carry out the public purpose of the Project. B. That the public interest and necessity require construction and completion of the Project. The Project is mandated by the City's General Plan and the City's Zoning Ordinances identifying the Property as a necessary site for such street widening. 2 41s:G:Resol_Garfwide111/23/94 6655 C. That the Proposed Project is planned and located in a manner that will be most compatible with the greatest public good and least private injury. D. That the acquisition of the Property described in Exhibit "A" attached hereto is necessary to permit construction and completion of the Project. Without inclusion of the Property, the Project could not be completed. E. That EIR 89-1 is a Program EIR and that no new environmental effect could occur and no new mitigation measures will be required beyond those identified in EIR 89-1. F_ That the mitigation measures identified in EIR 89-1 that apply to street widening have been incorporated into the Project. G. That the street widening to be accomplished by the Project is itself a mitigation measure identified by EIR 89-1. H. That offers of just compensation pursuant to Government Code Section 7267.2 have been made to all owners of record of the Property, that reasonable diligence has been used to locate every interested owner, and that the City's offers of just compensation were based on appraisals of the Property, and that the City's offers were for the full appraised amount. I. That due to the refusal of the owners of record to accept the City's offers of just compensation, the Project cannot be completed except by the City Council's power of eminent domain. 3 41s:G:Resol:Garfwide111/23/94 6655 • i I That the public interest and necessity require acquisition of an easement for street and public utility purposes and that such acquisition is necessary for the Project. K. That the Property, acquisition of which is required for the public interest and necessity, is situated in the City of Huntington Beach, County of Orange, State of California, and is more particularly described in the legal descriptions collectively attached hereto as Exhibit"A", previously incorporated herein. Section 3. The City Attorney, in conjunction with special counsel, the law firm of Rutan& Tucker, is hereby authorized and directed to commence an action in the Superior Court of the State of California in and for the County of Orange, in the name and on behalf of the City against those persons who appear as owner or owners of record or who are known to have any claim or interest in the Property for the purpose of acquiring the property by eminent domain for the public use described herein, to make application for possession of the Property prior to judgment, and to do all things necessary to prosecute the action to its final determination in accordance with the provisions of law applicable thereto. 4 4\s:G:Resol:Garhvide111/23/94 Section 4, City Council staff is hereby authorized and directed to take any appropriate action consistent with the purposes of this Resolution, including but not limited to the withdrawal of necessary sums to deposit with the court as the probable amount of compensation that will be awarded in the eminent domain proceedings to acquire the Property. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 5tM day of pPrPmhPr , 1994. e4�Z. - Mayor ATTEST: APPROVED AS TO FORM: City Clerk C A orne FD - .. 11- z 3 -5'V- REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Direct of Public Works APPROVED AS TO FORM: Special Counsel, Rutan& Tucker 5 4\s:G:Reso1:Garfwide111/23/94 6655 EXHIBIT "A" LEGAL DESCRIPTION A.P. NO. 111-I10-07 BEING THOSE PORTIONS OF LOTS 10, 11 AND 12 IN BLOCK "E" OF THE GARFIELD STREET ADDITION TO HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING SOUTHERLY .OF A LINE RUNNING NORTHWESTERLY FROM A POINT ON THE EASTERLY LINE OF SAID LOT 10, SAID POINT BEING 50.00 FEET NORTHERLY MEASURED AT RIGHT ANGLES FROM THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN AS SHOWN ON SAID MAP, TO A POINT THAT IS 60.00 FEET NORTHERLY, MEASURED AT RIGHT ANGLES, FROM THE SOUTH LINE OF SAID SOUTHWEST QUARTER AND 32.00 FEET EASTERLY OF THE WEST LINE OF SAID LOT 12. TOGETHER WITH THE SOUTH 32.00 FEET OF THE WEST 32.00 FEET OF SAID LOT 12. TOGETHER WITH THAT PORTION OF SAID LOT 12 LYING SOUTHWESTERLY OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 32.00 FEET, SAID CURVE BEING TANGENT ON THE SOUTH TO A LINE PARALLEL WITH AND 60.00 FEET NORTHERLY, MEASURED AT RIGHT ANGLES, FROM THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 35, AND TANGENT ON THE WEST TO THE WEST LINE OF SAID LOT 12. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHT-OF-- WAY, EASEMENTS AND LEASES OF RECORD, IF ANY. - EXHIBIT "A" VWDEN & LEGAL DESCRIPTION SOCIATES A.P. NO. 111--110-07 6655 CIVIL ENGINEERS—PLANNERS—LAND SURVEYORS O.No. . 0879-273-8 Est! 06/18/93 I8012 COWAN,SUITE 210 • IRVINE,CA 42714 714/6604110 FAX:660-0419 En t. � Chk. DW Sh!!t 1 Of � EXHIBIT "A" LEGAL DESCRIPTION A.F. NO. 111-110-10 BEING THAT PORTION OF LOT 6 IN BLOCK"E"OF THE GARFIELD STREET ADDITION TO HUNTINGTON BEACH, IN THE. CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING SOUTHERLY OF A LINE PARALLEL WITH AND 50.00 FEET NORTHERLY, MEASURED AT RIGHT ANGLES FROM THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN ON SAID MAP . AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHT OF WAY AND EASEMENTS OF RECORD, IF ANY. -- pf ESS?p . . 19402 � EV - a CIVIL cL OF A EXHIBIT 'A' LDEN & LEGAL DESCRIPTION SSOCIATES A.P. NO. 111-110-10 6655 CIVIL ENGINEERS-PLANNERS-LAND SURVEYORS 0879-273-8 06/18/93 EXHIBIT "A" LEGAL DESCRIPTION A.P. NO. 111-110-14 BEING THAT PORTION OF LOT 2 IN BLOCK "E" OF THE GARFIELD STREET ADDITION TO HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING SOUTHERLY OF A LINE RUNNING NORTHEASTERLY FROM A POINT ON THE WESTERLY LINE OF SAID LOT 2, SAID POINT BEING 50.00 FEET NORTHERLY MEASURED AT RIGHT ANGLES FROM THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN ON SAID MAP, TO A POINT THAT IS 60.00 FEET NORTHERLY, MEASURED AT RIGHT ANGLES, FROM THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 35, AND 64.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE OF CRYSTAL STREET (CRYSTAL AVENUE AS SHOWN ON SAID MAP) 60.00 FEET WIDE. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS,RIGHT-OF- WAY, EASEMENTS AND LEASES OF RECORD, IF ANY. �g�IESSfp� I s . 194 or t BIT VKDEN & LEGALDEESCRIPTION SOCIATEi S A.P. NO. 111-110-14 CIVIL ENGINEERS—PLANNERS—LAND SURVEYORS 0879-273-8 OMM3 18012 COWAN.SUM 210 • IRVINE.CA 92714 wo.No. oats, _ 714/660-0110 FAX:660-0418 Engr. nr Chk. DW Sheol 1 OI 2 EXHIBff "A" LEGAL DESCRIPTION A.P. NO. 111-130-05 BEING THAT PORTION OF LOT 5 IN BLOCK"D"OF THE GARFIELD STREET ADDITION TO HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHERLY OF A LINE PARALLEL WITH AND 60.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES FROM THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 6 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN ON SAID MAP . EXCEPTING THEREFROM THAT PORTION DESCRIBED IN THAT CERTAIN EASEMENT FOR ROAD PURPOSES RECORDED APRIL 7, 1965, IN BOOK 7474, PAGE 215 OF OFFICIAL RECORDS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHT OF WAY AND EASEMENTS OF RECORD, IF ANY. 4gOFES4Ip . 19402 .�aq3 �} C10. VWDEN & EXHIBIT "A" LEGAL DESCRIPTION55 SOCIATES A.P. NO. 111-130-05 CIVIL ENGINEERS—PLANNERS—LAND SURVEYORS rnlc.No. O$7g-273-$ 06f 16/93 18012 COWAN.SUITE 210 • IRVINE,CA 42714 Date 714/660-0110 FAX:660-041S >:nQr. DC Ch$,. DW Sheol I Or 2 EKTIIBTT "A" LEGAL DESCRIPTION A.P. NO. 111-I30--11 AND NO. 1 11-I30-12 BEING THOSE PORTIONS OF LOT 12 IN BLOCK "D" OF THE GARFIELD STREET ADDITION TO THE CITY OF HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: - THAT PORTION OF SAID LOT 12 LYING NORTHERLY OF A LINE PARALLEL WITH AND 60.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES FROM THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 6 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN ON SAID MAP. TOGETHER WITH THAT PORTION OF SAID LOT 12 LYING WESTERLY OF A LINE PARALLEL WITH AND 60.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF THE SAID NORTHWEST" QUARTER OF SECTION 2. ALSO,TOGETHER WITH THAT PORTION OF SAID LOT 12 LYING NORTHWESTERLY OF A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 32.00 FEET, SAID CURVE BEING TANGENT TO A LINE PARALLEL WITH AND 60.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 2, AND TANGENT TO A LINE PARALLEL WITH AND 60.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES FROM THE NORTH LINE OF SAID NORTHWEST QUARTER OF SECTION 2. A5 SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHT OF `.j?'o sslo . WAY AND EASEMENTS OF RECORD, IF ANY. � 19402 ;` Exp - EXHIBIT "A" 6655. ML � ALDEN .�L LEGAL DESCRIPTION F coi SSOCIATES A.P. NO. 111-130-11 AND NO. 111-130-12 CIVIL ENGINEERS-PLANNERS-LAND SURVEYORS W.0 No. 0879-273-8 Date: 06/16/93 J8012 COWAN.SUITE 210 • IRVJNE. CA 92714 7141660.0110 FAX:660-0419 Engr. D.C. Chk. D.W. Sheet 1 of 2 EXHIBIT "A" LEGAL DESCRIPTION A.P. NO. 111-140-01 BEING THAT PORTION OF LOTS I AND 2 IN BLOCK "C" OF THE GARFIELD STREET ADDITION TO HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHERLY OF A LINE PARALLEL WITH AND 60.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES FROM THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 6 SOUTH, RANGE I I WEST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN ON SAID MAP; TOGETHER WITH THAT PORTION OF LOT I LYING NORTHEASTERLY OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 32.00 FEET BEING TANGENT ON THE EAST TO THE EAST LINE OF SAID LOT I AND BEING TANGENT ON THE NORTH TO A LINE PARALLEL WITH AND 60.00 FEET SOUTHERLY MEASURED AT RIGHT ANGLES FROM SAID NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 2. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHT OF WAY AND EASEMENTS OF RECORD, IF ANY. �o o NE�Otiq��F �w 9402 OF GA1tiE VWDEN & LEGAL DESCRIPTION 6655 SOCIAT S A.P. NO. 111-140-01 CIVIL ENGINEERS-PLANNERS-LAND SURVEYORS 0879-273-8 06/I6193 4� EXB IBTI- "An LEGAL DESCRIPTION A.P. NO. 111-140-04 BEING THAT PORTION OF LOT 5 IN BLOCK"C" OF THE GARFIELD STREET ADDITION TO HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHERLY OF A LINE PARALLEL WITH AND 60.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES FROM THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 6 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN ON SAID MAP . AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHT OF WAY AND EASEMENTS OF RECORD, IF ANY. EESSI NE •3Q93 � clW- VWDEN � , EXHIBIT "A"LEGAL DESCRIPTION655 SOCIATES A.P. NO. 111-140�-04 CrVIL ENGINEERS—PLANNERS—LAND SURVEYORS 0$79-273-8 06/16/93 19012 COWAN.SUITE 210 • IRVINE.CA 92714 WO.No. Oal• �_ EXHIIBrr "A" LEGAL DESCRIPTION A.P. NO. 111-140-05 BEING THAT PORTION OF LOT 6 IN BLOCK"C"OF THE GARFIELD STREET ADDITION TO HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHERLY OF A LINE PARALLEL WITH AND 60.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES FROM THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 6 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN ON SAID MAP . AS SHOWN ON EXHIBIT 'V ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHT OF WAY AND EASEMENTS OF RECORD, IF ANY. fEss f 1' I . 19402 ap4'3a43 OWL OF C1�UEti4� EXHIBIT A WSSOCIATES LDEN & LEGAL DESCRIPTION A.P. NO. 111-140-05 6655 CIVIL ENGINEERS-..PLANNERS--LAND SURVEYORS 0879-273-8 06/16/93 18012 COWAN,SUM 210• IRVINE,CA 92714 ViO.No Date 7141660-0110 F'AX:660-0418 Enar, DC Chk. DW Shut 1 At 2 EXHIBIT "A" LEGAL DESCRIPTION A.P. NO. 111-140-N BEING THOSE PORTIONS OF LOTS 7 AND 8 IN BLOCK "C" OF THE GARFIELD STREET ADDITION TO HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHERLY OF A LINE PARALLEL WITH AND 60.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES FROM THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 6 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN ON SAID MAP . AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHT OF WAY AND EASEMENTS OF RECORD, IF ANY. .b. 19402 � Exp CMIL WDEN & EXHIBIT "A" . LEGAL DESCRIPTION 55 SQCIATES A.P. NO. 111-140-0s 66 CIVIL ENGINEERS—PLANNERS--LAND SURVEYORS 0879-273-8 06/16/93 19012 COWAN.SUITE 210 0 IRVINE.CA 92714 WO.No._ _ Date - - EDIT "A" LEGAL DESCRIPTION A.F. NO. 111-140-08 BEING THAT PORTION OF LOT II IN BLOCK "C" OF THE GARFIELD STREET ADDITION TO HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON BEACH, COUNTY -OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHERLY OF A LINE PARALLEL WITH AND 60.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES FROM THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 6 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN ON SAID MAP . AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHT OF WAY AND EASEMENTS OF RECORD, IF ANY. QgQI�SSI�,y� f� . . 19402 Exp - OAS CMIL �rf of CAU���• EXHIBIT "A" ALDEN & LEGAL DESCRIPTION 6655 SSOCYATES A.P. NO. 111-140-08 CIVIL ENGINEERS—PLANNERS—LAND SURVEYORS 11VI0 No. Date Da t• 06/16f 93 18012 COWAN,SUITE 210 • IRVINE,CA 42714 7141660.0110 FA7Ci&gw+iR I CA, DC rr.� DW S14000 1 Of 2 E)afIIBIT "A" LEGAL DESCRIPTION A.P. NO. 111-140-09 BEING THAT PORTION OF LOT 12 IN BLOCK "CI OF THE GARFIELD STREET ADDITION TO HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHERLY OF A LINE PARALLEL WITH AND 60.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES FROM THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 6 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN ON SAID MAP; TOGETHER WITH THAT PORTION LYING NORTHWESTERLY OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 32.00 FEET BEING TANGENT ON THE WEST TO A LINE PARALLEL WITH AND 30.00 FEET EASTERLY MEASURED AT RIGHT ANGLES TO THE CENTERLINE OF STEWART STREET,60.00 FEET WIDE, (SMELTZER AVENUE AS SHOWN ON SAID MAP) AND BEING TANGENT ON THE NORTH TO A LINE PARALLEL WITH AND 60.00 FEET SOUTHERLY MEASURED AT RIGHT ANGLES FROM THE SAID NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 2. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHT OF WAY AND EASEMENTS OF RECORD, IF ANY. VESSIp4A EV ag ►},� CiVtl .�3t` , Tyr� �p�1E4Q. VWDEN & EXHIBIT "A" LEGAL DESCRIPTION55 SOCIATES A.P. NO. 111-140--09 cmL ENGINEERS—PLANNERS—LAND SURVEYORS 0$79-273-g 06/16/93 ism COWAN.SUITE 210• IRVINE,CA 42714 wo.No. Date 711/ 0110 FAlL648-04i8 Engr. DC Chk. D Sheet—Lot 2 EXHIBIT "A" LEGAL DESCRIPTION A.P. NO. 159-281-03 BEING THAT PORTION OF LOT 7 IN BLOCK"A" OF THE GARFIELD STREET ADDITION TO HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA,-AS SHOWN ON THE MAP RECORDED IN BOOK 70 PAGES 27 AND 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHERLY OF A LINE PARALLEL WITH AND 60.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES FROM THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 6 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN ON SAID MAP; TOGETHER WITH THAT PORTION LYING NORTHWESTERLY OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 32.00 FEET, SAID CURVE BEING TANGENT ON THE WEST TO THE WEST LINE OF SAID LOT 7 AND BEING TANGENT ON THE NORTH TO A LINE PARALLEL WITH AND 60.00 FEET SOUTHERLY MEASURED AT RIGHT ANGLES FROM THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 2. EXCEPTING THEREFROM THAT PORTION DESCRIBED IN A DEED RECORDED JUNE 26, 1961 IN BOOK 5765 PAGE 950, OFFICIAL RECORDS OF SAID COUNTY. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHT OF WAY AND EASEMENTS OF RECORD, IF ANY. �ssra,� - Q•3a_�g � INC tVILt, � - ALDEN & EX IBIT A LEGAL DESCRIPTION 6655 SSOCIATES A.P. NO. 159-281-03 CIVIL ENGINEERS—PLANNERS—LAND SURVEYORS 0879-273-8 06/23/93 18012 COWAN.SMITE 210• IRVINE.CA 92714 WO.No. Date Res. No. 6655 STATE OF CALIFORNIA } COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH } I, CONNIE BROCKWAY, 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 at least a majority of all the members of said City Council at a regular meeting thereof held on the 5h of December, 1994 the following vote: AYES: Councilmembers: Silva, Bauer, Sullivan, Leipzig,Dettloff, Green, NOES: Councilmembers: None ABSENT: Councilmembers: Garofalo (out of room) AP City Clerk aid ex-officio Clerk of the City Council of the City of Huntington Beach, California