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HomeMy WebLinkAboutCC Res 410 1940-02-01 I I, 1 ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 '" , - " RESOLUTION NO.410 A RESOU1TION OF INTENTION'OF THE CITY'COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, TO CON- mMN THE FEE TITLE IN AND TO THE NORTHWESTERLY PORTION OF LOT 9 BLOCK I, ALL OF LOT I, BLOUK 5, OF TRACT NO.l~5, IN 'J!Hl!: CITY OF SEAL BEACH, COUNTY OF ORA1lGE, STATE OF CALIFORNIA, AS PER MAP RliXlORDED IN BOOK 12, PAGE 5, MISCELLAllEOUS JrAPS IN THE OFFICE OF THE COUNTY RmORDBR OF SAID COUNTY; ALSO CERTAIN PORTIONS OF PRAC'l'IONAL sm- TIONS 13,14 AND'24, TOWNSHIP 5 SOUTH, RANGE 12 WEST, S.B.B.Be M.,LYIlO BETWEEN THE SOUTHWESTERLY LINE OF THE PACIFIC ELE:lTRIC RAILWAY COMPANY'S RIGHT OF WAY AND THE U.S.MEANDER-LINE SURVEY, APPROVED BY FRANK H. GOULD, SURVEYOR GENERAL OF THE STATE OF CALIFORNIA" APRIL 7, 1914,AND BOUNDED ON THE EAST BY THE EASTERLY CITY LIMIT LINE OF SAID CITY OF SEAL BEACH!, AND .ALSO CERTAIN TIDE- LANDS ADJACENT THERETO, ALL WITHIN SAID CITY OF SEAL BEACH, COUNTY OF ORAlOE, STATE OF CALIFORNIA; FINDIlO AND mTERMINIlO THAT THE PUBLIC INTEREST AND moclESSITY REQUIRE THAT SAID RE.A:L PROPERTY BE ACQUIRED FOR THE PURPOSE OF CONSTRUCTI:NG, ESTAB- LISHJi~, AND'MAINTAINIllG A STREET'OR PUBLIC HIGHWAY; PUBLIC PARKS, AND FOR BREAKWATERS, GROINS OR OTHER PROTECTIVE WORKS ALOE SAID OCEAN FRONT AND FOR IllC IDENTAL WORKS !l:l1JOOs'l'O; THAT THE PROPERTY DE- SCRIBED IS moclESSARY THERE'l'O, AND THE PTiJBLlC IM- PROVEMENTS PLANNED ARE MOST COMPATIBLE WIm THE GREATEST PUBLIC GOOD AND THE LEAST PRIVATE INJURY; FINDIlO AND DE'.cE1iMINIlO THAT SUCH USE OF SAID PROP- ERTY IS A USE AUTHORIZED BY LAW; ORDERnlJ THE CITY ATTORNEY TO BRING AN ACTION IN THE 'SOPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF ORAlOE IN THE' NAME OF THE SAID CITY OF SEAL BEACH FOR THE CONDBMNATION OF' THE FEE TITLE IN SAID PROPERTY ABOVE DBSCRlBED, AND AGAIMST ALL PARTIES AND CLADlANTS OF SAID PROPERTY, OR ANI PART THEREOF, AS REQUIRED BY LAW. 21 The C1~y Counoll of the Clty of Seal Beach, Cal1torn1a, resolve 22 23 24 25 26 27 28 29 30 31 32 BURR BROWN An'ORNEV AT LAW 408 SPUR.EON IlILDCI SANTA ANA, CALIF PHONB sail . as follows: Seotlon 1: It 1a hereby found an~ ~eterm1~d,that the public interest and neoe~sity requ1re t~e oonst~ction, estab~~sbment a maintenance of a street or pub110 h1gllnr~1, publ1c parks, break- -. ~ ~ . waters, groins ~r ot~er protec~1v~ works along the ocean ~roDt of sald C1tl and for 1noidental,works_thereto, and the acqu1s1~10n of real propertl and public groun4s ln 00~ect1o~ t~erew1th, and that the property is more p~t1~u~lI;1'ly desoribed; as follows: PARCEL No.1. All that ~ertiin real propertl in the Oitl 61' Seal Beaoh, County 01' Orange, State ~f Oal11'ornu, ,de~or1bed as follows:' ' 25 h - - , That portion of Lot 9, Block 1, Tract No.1 , as s own upon a map thereof reoorded ln Book 12, page 5, of M1scellaneous Maps, -1- 1 1 I . . 1 2 3 4 15 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 BURR BROWN ATTORNEY AT LAW 408 SPURGEON IILDG SANTA. ANA. CALIF. PHONB e~" . . . , . Resolution Number reoords of Orange County, Oalifornia described as follows: Beginning at the most Westerly corner of s,id Lot 9; thence South 810 15' East along the Northerly line of said Lot 9 a distanoe of 95.03 feet; thenoe South ~70 361 West a distanos of 8~.23 feet; thenoe along the Northeasterly line of Eleotrio Lane, as shown upon s&id map, a distanoe of 78.00 feet to the point of beginning. Containing 0i.'d72 ~a'(J1rQ\')1ilSrEf<:o:t .less. PARCEL NO.2 All that oertain real property in the Oity of Seal Beaoh, County pf Orange, state of california, desoribed as follows: All of Lot 1, Block 5, Tract No. 125, as shown upon a map thereof reoorded in Book 12, page 5, of Misoellaneous Maps, Reoords of Orange Oounty,' Oalifornia. Oontaining 0.045 acree more or less. PARCEL NO.3 All that oertain real property in the Oity of Seal Beach, Oounty of Orange, State of Oalifornia, desoribed as follows: All those certain portions of fraotional Seotions 13, l~ and 2~, Township 5 South, Range 12 West, S. B. B. & M.., lying Southwesterly of the Southwesterly line of the 50 foot right of way of the Pacifio Eleotrio Railway Oompany and Northeasterly of that certain meander line of the U. S. Government survey approved April ~, 191~ by Frank Gould, U. S. Surveyor General of the state of Oalifornia, more partioularly desoribed as follows: Beginning at a point in the Southwesterly lineLof the afore- mentioned right of way or the Pacifio Ele otrio Railway Oompany, whioh point is South 500 00' West 50.04- feet from the most Westerly corner of Blook 5, Tract No. 125, as per map thereof recorded in Book 12, page 5, of Miscellaneous Maps, Records of Orange Oounty, California; thence along said Southwesterly line South 420 2~1 East a distanoe of 117.93 feet; thence along a oorve in said right of way line, having a radius of 5754.&0 feet and'oonoave to the Northeast, a distance of JO.l} feet; thenoe along a ourve in said right of way line, having a radius of 2889.93 feet and conoave to the Northeast, a distance of 842.33 feet; thence along a ourve in said right of way line, having a radius of 5754.60 feet and ooncave to the Northeast a distanoe of 30.13 feet; thenoe South 590 42' East a distanoe of 2225.30 feet to a point in the Seotion line between fractional Seotione 13 and 2~, Township 5 South, Range 12 West, S. B. B. & M., said point being 1~7.8~ feet West of the one quarter seotion oorner between aforementioned Seot1ons 13 and 2~; thenoe along aforementioned right of way line South 590 42' East, a distance of 132.21 feet; thenoe along a curve having a radius of 570~.60 feet and concave to the Southwest, a distance cf 39.11 feet to a point in the Easterly boundary line of the Oity of 8eal Baaoh; thence South a distance of 75.28 feet along said Oity boundary line to a point; thenoe in a Northwesterly direotion along a line parallel to and &5.00 feet distanoe from the aforementioned Southwesterly alight of way line along a curve having a radius of 5&39.&0 feet and oonoave to the Southwest to the beginning of said curve; thenoe North 590 42' West, a distanoe of 2~3.44 feet to a point in the seot1on line betwaen Seotions 13 and 2~, whioh point is 276.07 feet from the aforementioned one quarter s80ticn oorner between Sectione l~ and 2~; thenoe Nor.th 590 ~21 West a distanoe of 657.79 feet to the interseotion with that oertain meander line of the U. S. Government survey approved April 7, -2- 1 2 I 3 4 5 e 7 8 9 10 11 12 13 14 I 15 16 17 18 19 20 21 ~ 22 23 24 25 26 27 1 28 29 30 31 32 SURR SROWN ATTORNEY AT LAW 1408 SPURGION IlLOG SANTA ANA, CALIff "HONB .., I ... Resolution Nu~et . . 1914 by Frank Gould, U. S. Surveyor General of the State of Oalifornia; thence along aa1d meander line North 560 30' West g5Q.7l fee~;; thence along said meander line North 600 15' West 1056.00 feet; thence along said meander ~ine North 50000' West to an intereeot1on wlb a line parallel to and 65 feet distant from that aforementioned Southwesterly right of way line of the Pacif10 Electrio aat&way Company; thenoe along said line, having a radius of 2954.93 feet.&Dd oonoave to the Northeast; thence oontinuing along said parallel line. having a radius of 5g19.60 feet to the end of said ourve; thenoe North 420 24' West to the interseotion with the aforementioned meander line; thenoe along said meander line North 130 00' West to a point in said meander line; which point is South 500 00' West. a distanoe of 3.12 feet from aforementioned Southwesterly right of way line; thenoe North 500 00' East a distanoe of 3.12 feet along said meander line to said Southwesterly' right of way line and the point of beginning. Containi~ 3.692 aOJl'l8S.jll101'elo:rsbes. PARaEL NO.4- All that oertain real property in the City of Seal Beaob, Oounty of Orange, state of Oalifornia, d esoribed as follows: All those portions of land adjaoent to and Southwesterly of that oertain meander line of the U. S. Government Survey approved April 7, 191'+ by Frank Gould, U. S. Surveyor General of the State of Oalifornia, more particularly desoribedas , follows: Beginning at a point in a line 05 feet dietant from and parallel to the Southwes~erly right of way line of the Paoifio Eleotrio Railway Oompany's risht of way, said point being West 276.07 feet and North 590 42' West 657.79 feet from the one quarter seotion oorner betwaen fractional seotions 13 and 24, Township 5 South. Range 12 West, S. B. B. & N.; thence along a line parallel to and 65 feet distant from the Southwesterly right of way line of the Paoifio Eleotrio Railway Oompany, North 590 ~2' West, a distance of 145b.2g feet; thenoe along a ourva oonoave to the l'lortheaet and having a radius of 5fll9. bO feeta distanoe of }0.47 feet; thenoe along a ourve oonoave to the Northeast and having a radius of 2954.93 feet, and parallel to the aforementioned right of way line and 65 feet distant therefrom, to an intersection w~th that oertain meander line of the U. S. Govennment survey afo~ementioned; thence South 50000' Est along said meander line to a station on said meander line; thenoe South bOO 15' East along said mean4er line a distanoe of 1056.00 feet; thenoe along said meander line South 5bo }O' East,'a~distanoe of S50.71 feet to the point of beginning. Oontaining 1.}20 acres, more or less. PAROEt NO. Ii All that oertain real property in the Oi ty of Se.. Beaoh. County of Orange, State of Oalifornia, described as follows: All those portions of fractional Seotions 13 and 24. Town- ship 5 South. Range 12 Weet. S. B. B, & M. lying Northeaeterly of that oertain meander line of the U. S. Government survey approved April 7. 1914 by Frank Gould, U. S. Surveyor General of tAe State of Oalifornia, and more partioularly desoribed as follows: Beginn'ng at a point in a lia8 Southwesterly of and paral- lel to that certain Southwesterly line of the 50 feot fight of way of the Pacifio Eleotrio Railway Company. iaid point being -3- 1 I 1 , 1 2 3 4 6 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 BURR BROWN ATTORNEY AT LAW AO. .PURGEON B&.,DG, SANTA ANA, CALIF PHON. a.11 . . , Resolution Number 65 feet distant from said line and being also West 276.67 feet from the one quarter oorner between fraotional seotion 13 and 2~, Township 5 South, Range 12 West, S. B. B. & M.; thenoe along a line parallel to end &5 feet distant from the afore- mentioned Southwesterly right of way line South 59 0 42' East, a distanoe of 2~3.44 feet; thenoe along a ourve 65 feet distant from and para11el to the aforementioned right of way line, oon- oavs to the Southwest and having a radius of 5639.60 feet to an interseotion with the Easterly boundary line of the Oity of . Seal Beach, Oalifornia; thence South a dis~ance of S9.S1 feet " along said Oity boundary line to an intersection with that oertain aforementioned meander line of the U. S. Government survey; thence along said meander line North 530 ~5' West a, dietanoe of ~5.57 feet to a station in said meander line whioh is 3~3.20 feet west of the aforementioned one quarter oorner bstween fractional seotione13 and 2~; thenoe North 5&0 30' West 601.29 feet to an intersection with aline 65 fset distant from and parallel to the aforementioned Southwesterly right of wa line of the Paoifio Eleotrio Railway; thenoe South 590 ~! East a distance of 657.79 feet along a line parallel to and 65 feet distant from the aforementioned Southwesterly line of right of way to the point of beginning. Containing 0.707 ACles,more or les . PAROEL No.6 All that oertain real property in the Oity of Seal Beach, County of orange, State of California, desoribed as follows: All those portions of land adjacent to and Southwesterly of the ;0 foot right of way of the Pacifio Electrio Railway Oompany and Westerly of that oertain meander line of the U. S. Government Survey approved April 7, 1914 by Frank Gould, U. S. Sur!eyor General of the State of California, and more part iou- larly desoribed as follows: Bsginn1ng at a point in the Southwesterly line of that ;0 foot right of way line of the Paoifio Eleotrio Railway, which point is South 500 00" West a distanoe of 50.04 feet from the most Westerly oorner of Blook 5, Traot No, 125, as shown upon a map thereof reoorded in Book 12, page 5, of Miscellaneous Maps, Reoords of OrangeCounty, Oalifornia;, thence along said SouthwesterlY line of right of way North ~20 2~' West a distanoe of 430 feet, more or less, to the line of mean high tide of the Paoifio Ocean; thence in a Southerly direotion along said mean high tide line a distance of 110 feet, more or less, to the interseotion with a line &5 feet distant from and parallel to the aforementioned Southwesterly line of the Paoifio Eleotrio Railway Oompany right of way; thenoe South ~20 2~' East along said line 440 feet, more or less, to an interseotion with that oertain aforementioned meander line of the U. S. Government Survey; thenoe North 130 00' West along said meander line to a station in said meander line; thenoe North 500 00' East a distanoe of 3.12 feet to the point of beginning. OontainingO.649 aores, more or less. PAROEL NO.7 All that oertain real property in the Oity of Seal Beach, Oounty of Orange, State of Oalifornia, desoribed as follows: All those portions of fraotional Seotions 13 and 14-, Town- ship 5 South, Range 12 West, S. B. B. & M., lying Northeasterly of that oertain meander line of the U. S. Government survey ap- proved April 7, 191~ by Frank Gould, U. S. Surveyor General of -4- . , 1 2 I 3 4 IS 6 7 8 9 10 11 12 13 14 I 15 16 17 18 19 20 21 22 23 24 25 26 27 I 28 29 30 31 32 BURR BROWN ATrORNJ:V AT L.AW .cOB IIPURClIaON BLDCI SANTA AHA. CALI'" "HONE ea'l - ~ . . '. . Resolution Numbet the State of Oalifornia. and Southwesterly of a line 65 feet distant from and parallel to the Southwesterly line of the 50 foot right of way of the Paoific Eleotr1c RailwayCompany. and more particularly described as follows: Beginning at a station in that oertain aforementioned meander line of the U. S. Government survey, whioh station is South 470 23' 14u West a distanoe of g4.19 feet from tbe South- westerly right of way line of the 50 foot right of way of the Pacific Eleotric Railway Oompany, said point being South 470 2" 1411 West a distance of 5838.79 feet from the oenter of. radius of & curve oonoave to the Northeast, the Northwesterly end of said curve being at right angles to t he Southwesterly .line of Block 5, Tract No. 125, a s shown upon a map thereof recorded in Book 12. page 5, of Misoellaneous Maps, reoords of Orange Oounty California, and opposite the most Southerly oorner of said Block; thenoe South 500 00' East along said meander line to an inter- seotion with a line Southwesterly of and parallel to the South- westerly line of the Pacifio Electric Railway Company right of way and 65 feet distant therefrom; thence in a Northerly directiD along a line having a radius of 2954.93 feet, conOave to the North east. parallel to and 65 feet ~istant from said Southwesterly right of way l1ne and along a ourve having a radius of ~19.bO feet ooncave to the Northeast; thenoe tangent North 420 24' West a distance of 12.30 feet to an intereection with the afore- mentioned U. S. mean4er line whicn bears South 130 00' East; thenoe South 13000' East along said meander line to a station in said line and the pointof beginning. Oontaining 0.051gecr~8, .more. or:>:;L~slf. ~,' ;J. Seotion 2. That the publio interest and necessity require the acquisition of the fee title in and to said property descri- bed. Seotion 3: That the use of said property for the purpose of oonstruoting, establishing, and maintaining a street or publiC highway, publ10 parks, and lor breakwaters. groins or other proteotive works along said ooean front and for incidental works" thereto for munioipal purposes is a use authorized by law. Seotion 4: The publio interest. neoessity and cenvenience requiring. it is the intention of the City Oounoil of the City of Seal Beach to construot, establish. and maintain said street or public highway, publio parks, breakwaters. groins or other roteotive works altng said ooean front and inoidental works hereto for munioipal purposes and to acquire the property de- soribed,for publio use in oonneotion therewith. Seot1on 5: The Oity Council of the S1ty of Seal Beach aving aoquirad jurisdiotion so to do the construotion of said -5- 1 2 I 3 4 S 6 7 8 9 10 11 12 13 14 1 15 16 17 18 19 20 21 22 23 24 25 26 27 1 28 29 30 31 32 BURR BROWN ATTDRNBY AT L.A.W 408 8PURGlaOtl BLDa SANTA ANA, CALIF PHONIt CllII1 .' ," . Resolution Number' . - publio improvements, to-wit: a street or publio highway, publio parks, breakwaters, groins, or other proteotive works along said ooean front and incidental works thereto and in oonneotion therewi th are hereby ordered to be made. Seotion 6: The City Attorney of said City is hereby direoted to bring an aotion in the Superior Court of the State of Oaliforn in and for the Oounty of Orange, in the name of the Oity of Seal Beach, for the oondemnation of the property desoribed in Section 1 hereof, as neoessary and convenient to be ta.k:en for said oon- templated improvements, and against all of the parties and olaiman of said property, or any part thereof, as required by law. The prooeedings shall be pursuant to Seotion 1237 and following seotio s to and inoluding Section 1263 of the Oode of Civil Prooedure of the State of California. PASSED, ADOPTED AND APPROVED this first day of February, 1940 fA #.r:-:J ~4- Mayo~of t e City of Seal Beaoh, Oalifornia a.nEST: Oity Olerk.of the Oity'of Seal Beaoh, and Ex-offioio Olerk of the Oity Counoil of said Oity STATE OF OALIFORNIA) ss COUNTY OF ORANGE ) I, OLLIE B. PADRIOK, Oity Olerk of the Oity of Seal Beaoh and Ex-off1oio Clerk of the City Counoil of said City, do hereby ertify that the foregoing Resolution, being Resolution No. 410 as adopted by the Oity Oounoll of said Oity, approved by the ayor thereof, and attest.d by the Oity Olerk, all at a regular eeting of said Oity Council held on the 1st day of February, 1940; hat the ",s~~?~:s adopted by the ,follOWing fote: ~ ,,~ ,-. '~:- AYES: ~ )~ '" ' , ' r." ~ ~ '( ~~ ~ ~o ~_~..':""" ....~ ~:.~ ~.~ -:.. ~:. i ,~.. ;:: ~ c:- ~ .~4' .,'::.':..l . . ' VI.:" ., -: ~~; ~. ...,..... ". .~.. - ...... ~ ":.~ ..... 1M ._.. .. ~\ HOES: ~ . ~el~ tp.,/~cJ . ABSENT: JJN~ l!tfl?,.L.~;'~ OitI Olerk of the City of Sea Beach, Oalifornia -6-