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HomeMy WebLinkAboutCity Council - 96-63 RESOLUTION NO. 96-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE RE-RECORDATION OF DEED WITH A NOTICE OF REMOVAL OF DEED RESTRICTION WHEREAS,on February 7, 1972, and May 15, 1972,the City Council of the City of Huntington Beach adopted Resolution Nos. 3435 and 3486 declaring its intention to authorize the execution and recording of a deed restriction on Huntington Central Park, Phase I (CALIF-(SA-375(G)); and The deed restriction was a condition precedent by the United States Department of Housing and Urban Development("HUD")to the granting of funds for the acquisition and development of such property as a park site; and The deed restriction indicates that the property or any interest therein may not be sold, leased or otherwise transferred without the prior written approval of the Secretary of HUD,his designee, or any successor thereto; and Under the original grant agreement,the property involved was subject to a deed restriction enacted pursuant to the HUD Open Space Program authorized by Title VII of the Housing Act of 1961. The deed restrictions required HUD concurrence and authorization if the property was to be sold, leased or otherwise transferred by the City. However, § 126(b)(3)of the Housing and Urban-Rural Recovery Act of 1983 repealed the use of HUD restrictions for land acquired under the Open Space Program. Therefore, in keeping with the referenced federal legislation, it is no longer necessary for City to obtain HUD's concurrence in this matter or in other matters involving the deed restriction on this property. NOW, THEREFORE,the City Council of the City of Huntington Beach does hereby resolve that the City Clerk is hereby authorized to record a Notice of Removal of Deed Restriction on Central Park as more particularly described in the notices attached as Exhibit"A"and `B." PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 5-th day of August 1996. Mayor ATTEST: APPROVED AS TO FORM: 4�� — 28M�_ -F City Clerk Ci A orney ®r REVIE AND PPROVED: INITIA E A APPROVED: City Administrator Director of rary Services Fire Chief7,� SF1s:Pct3:Reso1ut:Deaa$est Library Site 7123l96 9( --63 PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: ftwrOW in the county of UranG. G&LIfornia Dar L GrWW1116. Clerk/Rorarder AN WHEN I CORDED IL TO: l � il No Fee of 960517628 12:42PM 18114/96 0e6 J6912728 18 21 R28 it 7.89 30.e0 e.Ila 4.00 0.00 0.00 NA THII 5 SPACE ECOR ' r TITLE OF DOCUMENT: THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECQRDIIIG INFORKATIGH (AddHlonal retordinB In spplle:) G*05Wnne PAGE(RM) _ 96�l03 k a RESOLUTION N0, 96-63 : 1 ; A RESOLUTION OF THE CITY COUNCIL OF THE - CITY OF HUNTINGTON BEACH ORDERING THE RE-RECORDATION OF DEED WITH A NOTICE OF REMOVAL OF DEED RESTRICTION WHEREAS,on February 7, 1972,and May 15, 1972, the City Council of the City of Huntington Beach adopted Resolution Nos. 3435 and 3486 declaring its intention to authorize the exomition and recording of a deed restriction on Huntington Central Park,Phase I(CALIF-(SA-37S(Cs));and The deed restriction was a caaxWon precedent by the United States Departnnent of Housing and Urban Development("HUD')to the granting of finds for the acquisition and dovelopment of such property as a park site;and The deed restriction indicates that the property or any interest therein may not be sold,]eased or otherwise transferred-without the prior written approval of the Secretary of HUD,his designee,or any successor thoreto;and Under the original grant agreernent,the property involved was subject to a dead restriction enacted purmwt to the HUD Open Space Program authorized by Title VH of the Housing Act of L961. The deed restrictions required HUD concurrence.and authorization if the propcgy was to be sold, leased or oEtbm-Msa transferred by the City. However, $ 1260)(3)of the Housing and Urban-Rural Recovery Act of 1983 repesved the use of HUD restrictions for land acquired under the Open Space Program. Therefore~in keeping with the referenced federal legisla km,it is no longer necessary for City to obtain HUD's concurrefiee in this matter or in other matters involving the deed restriction on this property. NOW,THEREFORE,the City Council of the City of Huntington Beach does hereby resolve that the City Clerk is hereby authorized to record a Notice of Removal of Deed Restriction on Central Park as more particularly described in the notion attached as Exhibit"A"and"B." PASSED AND ADOPTED by the City Council of the City of Huntington Beach at it regular meeting thereof held on the 51th day of August , 1996. .-yam ac _. Cw Mayor ATTEST: APPROVED AS TO FORM: City Clerk Ci A nay •` Rl?VIEI AND APPROVED-. IT AWAPPROVED: �Admindgrlator ��� Dircetorof Lffirary Services Fire Chief l .. S Fh;F CD:RcM,-4;tk edReA Ubrwy Sit; 743M Res. No. 96-63 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) U. CITY OF WNTINGTON BEACH ) I,CONNIE BROCKWAY,the duly elected, qualified City Clerk of the City of Huntington Beech, 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 herd on the 5th of August, 1996 by the following vote: AXES; Councilmembers: Harman,Leipzig,Bauer, Sullivan,Dettlo% Grew, Garofalo NOES: CouncHmembers: None ABSENT: Couineilmembers: None Tax-Mmmiat-Commmment Agency CITY OF I-UNTINGMM LEACH *h7 d. The foregoing Instrument is a correct y p} BX=the original on fife in this office. City CIe* Attest . ...-?.?....,.....___1� City Clerk and EX-Offic�rk of the City City Clerk and ex-offiGia Clerk of the Cauncli of the City of Huntington Beach, Cal. �' City Council of the City of Huntington Beach, Californians document is solely for the otYf0141 buatnens of the City oP Hart 9•�:ton Ro�iah, as GOMM Ohcsotutifrrsblcpi plated ut','Wk- C0Ves4e0nt Code Silo. 8103 and ebpuld be records4 Et[M of ahan�. 1 When recorded, please mail } , e 1n �tO: MAW a 3 OFFICE-OF THE CITY CIJ3RK City of Huntington Beach 4 Post Office Box 190 S Huntington Beach California 92648 7 NOTICE OF REMOVAL OF DEED RESTRICTI41q s 9 NOTICE IS HEREBY GIVEN that the City of Huntington Beach, a municipal 10 Corporation,is the owner of the properly described as, _ ll 12 PARCBL. 1: 13 The east three-quarters of the north half of the south two-thirds of the west 14 three-quarters of the north half of the southwest quarter of Section 26, 1s Township 5 South,Range t I West, San Bernardino base and meridian in 15 the City of Huntington Beach, County of Orange, State Of California,. 17 18 EXCEPTI't*]G therefrom any portion dedicated for street right of way 19 20 PARCEL 2: 21 The east 10 ages of the west 30 acres of the south half of the southwest 22 quarter of Section 26, Township 5 South, Range 11 West, San Bernardino 23 base and meridian in the City of Huntington Beach, County of grange, 24 State of California. 2s 26 EXCEPTING therefrom any portion previously dedicated for street right 27 of way. This document is solely for the 28 off e'n). btistyesn of the City CITY OF �nG'y Of FEU �.::"z''.0.� ;*f.':1':7, AC C4RtC OF FIUNT1NGTON BEACH m. pinted Cova;-juieut Code A- , Sac. 6Z03 sad aha�al.d be retard 4 free of charge. _9zu Ci k ��'�" I PARCEL 3 2 The west half of the northwest quarter of the northwest quarter of the 3 northwest quarter-of Section 35, Township 5 South,Range 11 West, San 4 Bernardino base and meridian in the City of HuadVon Beach, County of 5 Orange, State of California. 6 7 EXCEPTING thereitm the southerly 145.00 feet and aoy portion B previously dedicated for street right of way. 9 10 PARCEL 4: 11 Lota 1 through 182 both inclusive in Block A of Tract No. 296 as shown 12 on a,map recorded in Book 14, page 19 of Miscellaneous Maps,Records 13 of Orange County,California. 14 is EXCEPTING therefrorn any portion previously dedicated for street right 16 of way. 17 is PARCEL 5:. 19 The west one-hW(W 112)of the east one-half(E 112) of the southwest 20 one quarter(SW 114)of the northeast arse-quarter(NE 114)of the 21 northeast one-quarter(NE 1/4)of Section 34, Township 5 South,Range 22 11 West, San Bernardino base:and meridian in the City of Huntington 23 Beach, County of Orange, State of California. 24 25 PARCEL 6: 26 The east one-half(E 1/2)of the east one-half(E 1/2) of the southwest one- 27 quarter(SW 114) of the northeast one-quarter(NI3114)ofthe northeast 29 one-quarter(NE 114) of Section 34,Township 5 South,Range 11 West, -2- 176- 63 SAn Bernardino base and meridian in the City of Huntington Beacb, County 2 of Orange, State of Calffibmia. 3 4 EXCEPTING therefrom the north 260.00 feet- 5 6 and that the City of Huntington Beach hereby removes the deed restriction previously imposed on 7 this property by way of the Notice of Deed Restriction dated February 8, 1972, Book 9996, Page e 96. s DATED _ _ . 1996 10 CrrY OF HUNTINGTON BEACH, a municipal corporation i1 12 13 By 14 1V wor 15 is ATTEST: APPROVED AS TO FORM: 17 18 City Clerk 1-zL ity Attorney 1s 20 21 as 23 24 25 26 27 28 -3- 96 --4 3 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of County of OnAa��(before me, - oaa NMM and T (Ru•.w DcF&Nomw personally appeared • 662or.)dmli Personally known tome— to be the person(o whose name(&Ware subscribed to the within Instrument and acknowledged to me that+dslaeAhey executed the nAY6ritClc L same in Na**Wtheir authorized capacity,and that by T Iwla%@Melr slgnatureW on the instrument the perscnls). P or the entity upon behalf of which the persons acted, w MV CoLwf executed the instrument. Conan WAY 11.1447 WITNESS my hand and official seal. MA1r8RICE L JOPMDN r COWA.i 991Ms � maw K"a—ccn*fta 0"AIGE COUMY ,,,a Noe,1 tAA•jr Comm.Evko FAY 11.1997J, OPTIONAL rtwuO the A mrarJWrr below AP iW required by law,If may prove vakabW b parsons rely an r!*dWurrreru arrd could prevent hau"Mr rwwwl and=ftdvnM of M form 10 anothar document. Description of Attached Document True or T�rpe of Document eAm&tIj Document Date: Number opt Pages: . Signer(s)Other Than Named Above: Capeclty(ies) Claimed by Signer(*) Signer's Name: AW- _.,.._, — Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer T1+ie;s;: _ Title(s): --- ❑ Partner---❑ Umlted 0 General ❑ Partner—❑Limited D General ❑ Attorney-In-Fact ❑ Attorney-in-Fact O Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian orponservaLo Fop or thumb hem . .t— for,of thu� � [tither: Y7'1a va,� ®-Otli�r: Signer Is Representing: Signer is Representing: J 0 1 M P"Mel No"AvvgvW pn•=6 RwmyO Ass.,P.6.Son 7124•CanooL PMK CA Y18W7184 Mod No.OW RramWl CAN TaFne 1.XK FA14=7 1 When recorded, please mail a this instrument to: 3 OFFICE OF THE CITY CLERK F'x/ City of Huntington Beach 4 post Office Box 190 5 Huntington Beacb, California 92648 6 7 NOTICE OF L19h OVAL OF DEED RESTRICTtC1N a 9 NOTICE IS HEREBY GIVEN that the City ofHuntington Beach, a municipal 10 Corporation, is the owner of the property described as: 11 12 That portion of the east 30.00 acres of the west 60.00 acres of the 13 south half ofthe southwest quarter of Section 26, Township 5 South, 14 iarWe 1 I West,partly in the Rancho La Bolsa Chica and partly in the 15 Rambo Las Balsas,in the City of Huntington Beach, County of Or4nge, to State ofCafifaraia, as per map recorded in Book 51, page 13 of 17 Miscellaneous Maps in the office of the County Recorder of said county, is described as follows: 20 Beginning at the southwest comer of the southeast quarter of the 21 scKi duast quarter of the southwest quarter of said section as shown on a 22 map filed in Book 53, page 27 of Record of Surveys in tl•�e office of the 23 County Recorder of said county, said point also being the intersechion of 24 the center line of Tab d,Avenue with the center We of Godwd Street; 23 thence north 89043100"west 75 1.00 feet along the southerly litre of said 25 southwest quarter being also the canter line of said Talbert Avenue;thence 21 at right angles to said southerly fine north 00°17'00"east 50.00 fed to a 28 point on the northerly line of said Talbert Avenue, said point berg the true Tax•fxempt•[iovem Agency This doetment Is sciely for the CITY OF HUJ�MPNNGT M BEACH cfflalal bUl?steS3 of the City of Hunt-r -%on rtannb, as Contem- plated Cads --- Sao. 6103 and 3hou2d be recorded 3. point ofbegmning;tbmee continuing north 00°17'00"east 237.00 feet; 1 thence south 89°4300"east 157.00 feet parallel with said southerly fine,,- 3 thence north 00°1T00"east 294.00 feet;thence north 89°43'DO"west 4 93.27 feet parallel with said southerly line;thence south 421135'0T'west 5 125.94 feet,thence south 00°17'00"west 40.79 feet;thence north 6 890043'00"west 30.00 feet parallel with said southerly line;thence north 7 00017'00"east 199.55 feat,thence north 85051'47" east 280.00 feet; a thence north 61°33'33"east 170.00 Beet;thence north 88°54'46"east 9 232.41 feet to a point in the westerly tine of said Gothard Street;thence io north 00105'00" east 265.06 feet along said westerly line to a point in the is northerly line of said south half of the southwest quarter of Section 26; 12 thence north 89642'00"west 951.22 feet along said northerly line to the 13 westerly line of said test 30.00 acres;thence south 00105'W'west 14 1269.73 feet along said westerly line to a point in the northerly line of said zs Talbert Avenue;thence south 89°43'00"east 240.39 feet along said xa northerly lip to the true paint of begUming. 17 18 Ming therefrom all oil, gas and other hydrocarbons, 19 geothermal resources as defined in Section 6903 of the CoMmia PubHe 2 c Resources Cade,and all other minerals,whether similar to those herein 21 specified or not, within or that may be produced from said parcel; 22 provided, however,tha►the surer of said parcel sball cent be med fc;r 23 the exploration,development,extraction, removal or storage of arty 24 thereof: 25 26 Also excepting therefixna the sole and exclusive right fmm time to 27 time to drill and amintdn wells or other works into or through said parcel 2e below a depth of 500 feet and to produce,inject store,and remove from -2- I and through such wells or works, oil,gas,water and other substances of 2 whatever nature, including the right to perform any and all operations 3 deemed necessary or coavenient for the exercise of such rights. 4 s and that the City of Huntington Beach hereby removes the dad restriction previously imposed on s this property by way of the Notice of Deed Restriction dated May 16, 1972,Book 10134, Page 7 321. a DATED 1996 CITY OF HUNTINGTON BEACH, a municipal corporation 10 11 12 By 13 Mayor 14 as ATTEST: APPROVED AS TO FORM: 16 , 1 r 1 17 City Clerk -$�A3tarney is 19 20 21 22 2s 24 25 26 27 f2ri;3 doas�aent is solely ror cna r P#!G rn Agency official buutness of the C1ty � -OF iitl ,KACH 28 0! �iU7t;]t•:ton Rorz .3x, its aoatee�- PIRted tutelar CW'Ornlmlut Code Sec. 6103 and should be recorded tree of ohatrge. DepLdy C11y Cleric »• :Aid -CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of >o W M;" County of Of On before me, Oita AW+M and a CW jW4 .Nabw ft personally appeared Msna{a10�8�pwr{y) itersonally known tome— bete person(pi whose name(gWare subscribed to the Mthin Inatrument and adm wiedged to me that[ aWthey executod the R M,gyga L same In+�isAaer�their authorized capacity{W,and that by XxrdoN COW0991 4964mwAheir signature(§)on the instrument the persm(PI N0 o+YANGE c—cautor� or the entity upon behalf of which the petsonUs acted, turn Cor+tnt. ' tY executed the instrument. ir tuA l 1,f447 WITNESS my hand and official seal. MP of Nafary Pu6Ne OPTIONAL Though n,e trAxwotim below to not regt*ed by law,it may prove vahAbie to Powne rfafyetg on fire doc~r and codld pr+ wt baud Aud removal snd roatlashmertr of Mfa form to another docum&. Description of Attached Document Title or Type of Document Document Date: Nufter of Pages: — Signer(s)Other Then Named Above: Aa, A"jwCr C5/ - Capaclty(les) Claimed by Signer(s) Signer's Name: AUe � ,,� _ Signer's Name:- ease ❑ individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer 71*s): _ T11119(s): ❑ Partner—❑Umlted ❑General ❑ Partner—❑Limited ❑Genarsi * Attorney-in-Fact © AttornoHn-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator wt"r: MaaaRzj Top or thumb here WDther. 'ram of ftxyb Hero ar Signer is Representing: Signer is Represerding: aiw4H.*wd!Na"0Awxkt a+USP&ffwWAm.PAX B=M4 VakCA 7144 Prod No 6907 mum co7o1FPnet4Ga67644t7 Res. No. 96-63 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-ofI•icio 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 5th of August, 1996 by the following vote: AYES: Councilmembers: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: Councilmembers: None ABSENT: Councilmembers: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California &-olutUr-bkpg