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HomeMy WebLinkAbout74-068RESOLUTION NO. 74-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AND PROVIDING FOR THE RECORD- ING OF A DECLARATION OF RESTRICTION OF OPEN SPACE LAND COMPRISING ONE PARK SITE UNDER CONTRACT NO. OSC-425(G) BY AND BETWEEN THE CITY OF SANTA ANA AND THE UNITED STATES OF AMERICA. WHEREAS, the Open Space Contract No. Calif. 0SC-425(G) by and between the City of Santa Ana and the United States Department of Housing and Urban Development was approved and signed by H.U.D. on February 19, 1974. The Department trans- mitted with the contract a requirement that the Public Body have prepared and recorded a declaration of restriction on the land indicating that the p~perty or any interest therein may not be sold, leased, or otherwise transferred without the prior written approval of the Secretary of Housing and Urban Develop- ment, his designee, or any successor thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA: That the Clerk of the Council of the City of Santa Ana is hereby authorized and directed to execute a Declaration of Res- trictions on the Center and Chestnut property as described in Exhibit "A" attached to said Declaration of Restriction and sub- ject to the contract No. Calif. OSC-425(G) and record this De- claration of Restriction in the appropriate land or deed records. The Clerk is hereby further instructed to transmit a certified copy of such recorded Declaration of Restriction to the Depart- ment of Housing and Urban Development. BE IT FURTHER RESOLVED that this Resolution shall take effect immediately. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the 6th day of IV~a~ , 1974. ATTEST: CLERK OF THE COUNCIL RESOLUTION NO. 74-68 PAGE TWO STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SANTA ANA ) I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of the Council of the City of Santa Ana; that the fore- going Resolution was introduced to said Council at its regular meeting held on the 6th day of May , 1974, and was at said meeting passed and adopted by the following vote, to wit: AYES, NOES, ABSENT, COUNCILMEN: COUNCILMEN: COUNCILMEN: Griset, Evans, Markel, Garthe, Yamamoto, Patterson, Ward None None CLERK OF E COUNCIL APPROVED~~j~AS TO FO~i~ ES ~.'~ITHE ~ C~TY-~TTORNEY All those portions of Tract 2752 in the City of Santa Ana, County of Orange, .State of California, as shown on a map thereof recorded in Book 79, Pages 30 and 31 of Miscellaneous Maps, records of said Orange County, described as follows: Beginning at the Northeast corner of Lot 51 of said Tract 2752; thence along the East line of said Tract South 00° 06' 36" East a distance of 379.19 feet to the beginning of a tangent curve concave Northwesterly having a radius of 15.00 feet; thence along the arc of said curve Southwesterly through a central angle of 89° 44' 30" an arc distance of 23.49 feet t? a tangent line being the North line of Chestnut Avenue; ~hence along sa~d North line South 89° 37' 54" West a distance of 915.17 ~et to' the beginning of a tangent curve concave. Northeasterly having radius of 15.00 feet; thence along the arc of said curve Northwesterly lrough a central angle of 90° 17' 27" an arc distance of 23.64 feet ) a tangent line being the East line of Center Street; thence along =aid East'line North 00O 04' 39" West a distance of 509.62 feet to a point on the West line of Lot 56 of said Tract 2752 distant North 00° 04' 39" West 299.69 feet from the Southwest corner of said Lot 56; thence North 89° 29' 24" East a distance of 300.00 feet; thence South 00° 04' 39" East a distance of 128.403 feet; thence North 89° 53' 24" East a distance of 499.013 feet to the Northwest corner of Lot 51 of said Tract 2752; thence continuing along the North line of said Lot 51 North 89° 53' 24" East a distance of 195.94 feet to the point of beginning. EXI'fl IT A n Recorded Return to - city Clerk City of Santa Aha 20 civic Center Plaza Santa Aha, Ca. 92701 i£XEMPT DECLARATION OF RESTRICTION ~'ECORDED IN OFFICIAL RECORO8 OF ORANGE COUNTY, CALIFORNIA A.M. JdN 19 1974 This Declaration is made by the City of Santa Aha, a municipal corporation, for the purposes herein described. WHEREAS, declarant is the owner of the real property described in exhibit A, incorporated by reference herein, and WHEREAS, declarant has entered into an Open Space contract No. Calif. 0SC-425 (G) with the United States Department of Housing and Urban Development on February 19, 1974, and WHEREAS, said property is an Open Space park in the City of Santa Aha known as "Center - Chestnut Park,", and WHEREAS, said contract requires that declarant record a restriction providing that said property may not be sold, leased or transferred without the approval of the Secretary of Housing and Urban Development, NOW, THEREFORE, declarant hereby declares, covenants and agrees as follows: 1. Neither said property nor any portion thereof or interest therein may be sold, leased, or otherwise trans- ferred without the prior written approval of the Secretary of Housing and Urban Development, his designee, or any successor thereto. 2. This restriction shall run with the land in perpetuity and be binding on successors and assignees of declarant. Dated: May 6, 1974 This is a corrected document. THE CITY OF SANTA ANA ATTEST: RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA Min. / JO[ !. WYLIE CARLYLE, Count~ Recorder Norma G. Wurzer NORMA G. WURZ£R My Commission Expires Feb. 19, 1978 ~ , those ~rtions of Tract'2752 in the City of Santa Ana, County of C nge,.State of California, as shown on a map thereof recorded in B. ~k 79, Pages 30 and 31 of Miscellaneous Maps, records of said Orange County, described as follows: Beginning at the Northeast corner of Lot 51 of said Tract 2752; thence along the East line of said Tract South 00° 06' 36" East a distance of 379.19 feet to the beginning of a tangent curve concave Northwesterly having a radius of 15.00 feet; thence along the arc of said curve Southwesterly through a central angle of 89° 44' 30" an arc distance of 23.49 feet to a tangent line being the North line of Chestnut Avenue; thence along said North line South 89° 37' 54" West a distance of 915.17 feet to't~e beginning of a tangent curve concave. Northeasterly having a radius of 15.00 feet; thence along the arc of'said curve Northwesterly through a central angle of 90°~17' 27" an arc distance of 23.64 feet to a tangent line being the East line of Center Street; thence along said East'line North 00° 04' 39" West a distance of 509.62 feet to a ~oint on the West line of Lot 56 of said Tract 2752 distant North 00° 04' 39# .West 299.69 feet from the Southwest corner of said Lot 56'; ~ence Norr-h 69~ 29: 24" Easc a distance of 300.00 feet; thenc~ South ~00 0{' 39" East a distance of 128.403 feet; thence North 89° 53' 24" East a distance, of.44.9.013 feet to the Northwest corner of Lot 51 of said Tract 2752; t~nce.continuing along the North line of said Lot 51 North 89° 53' 24" East a distance of 195.94 feet to the point of beginning. STATE OF C~IFOR~ COUNTY OF ~'~-'~ NORMA G. WURZER NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE iN ORANGE COUNTY My Commission Expires Feb. 19, 1978 l 6K I I 174PG 183§ "' 1188PG 835 before me, the undemig~d, a Notary Public ~'apd for the ~id ~ate, pemonally app~re~ . ~ ~. ~~ ~,~nown to me to be the ~nd ,~~ ~, ~ ~known tq me tobethe ' "-"-'- ~ ~'~' ~ ~'~' CTTY O~ ~NTA ANA ,~ the Corporation that executed the within Instrument, known to me to be the pemons who executed the within Instrument, on behalf of the Corporation herein named, and a~nowledged to me that such Corporation executed the within Instrument pursuant to its by-la~ or a resolution of its board of directors. WITNESS my hand and official seal. ACKNOWLEOGMENT--COrp.--PrII. & 8~c.--Wolcottl Form ~ev. Notary Public in and for said State.