HomeMy WebLinkAbout75-175Recorded 12/18/75, 9:30 a.m.
~ook 11599 Page 230
KLG:po
12-9-75
RESOLUTION IlO. 75-175
A RESOLUTION OF TtIE CITY COUNCIL OF THE CITY
OF SANTA ANA APPROVII~G AND PROVIDI~[G FOR THE
RECORDING OF A DECLARATIOi~ OF RESTRICTION OF
OPE~ SPACE LAND CO~iPRISING ONE PAPJ[ SITE UNDER
CONTRACT NO. CALIF. OSC-425 (G) BY A~D BETWEEN
THE CITY OF SANTA ANA AND T}IE U~ITED STATES OF
AI~E RICA
WHEREAS, by Open Space Contract No. Calif. OSC (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 requires
that the City have prepared and recorded a declaration of
restriction on the land indicating that Harper Street Park,
or any interest therein, may not be sold, leased, or otherwise
transferred without the prior written approval of the Secretary
of Housing and Urban Development, his designee, or any
successor thereto;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Santa Ana that the Mayor of the City of Santa
Ana is hereby authorized and directed to execute that certain
"Declaration of Restriction" form dated December 10, 1975,
a copy of which is on file in the office of the Clerk of this
Council, on the Harper Street Park property, described in Exhibit
"A" attached to said Declaration of Restriction and record
said Declaration of Restriction in the appropriate land or
deed records. The Clerk of the Council is hereby instructed to
transmit a certified copy of such recorded Declaration of Restriction
to the U.S. Department of Housing and Urban Development, Los
Angeles, California.
PASSED AND ADOPTED by the City Council of the
City of Santa Ana at its regular meeting held on
15th day of December , 1975.
the
ATTEST:
~.~ORENCE I. MALONF
STATE OF CALIFORNIA )
CO~TY OF ORANGE )ss
CITY OF SANTA ANA )
I, FLORENCE I. ~LONE, do hereby certify that I
am the Clerk of the Council of the City of Santa Ana; that the
foregoing Resolution was introduced to said Council at its
regular meeting held on the 15th day of December ,
1975, and was at said meeting passed and adopted by the following
vote, to wit:
AYES, COUNCIL~N: Evans, Ward, Bricken, 0rtiz,
Yamamoto, Garthe, Brandt
NOES, COUNCIL~N: None
ABSENT,
COUNCILMEN: None LFLORENCE I.
MAI.ON~
APPROVED AS TO FO~4:
KEITH L. GOW
City Attorney
PARCEL B:
LOT 14 OF TRACT NO. 447, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK
17 PAGE 12 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE RECORDER OF COUNTY OF
ORANGE, TOGETHER WITH THAT PORTION OF THE NORTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 5 SOUTH, RANGE 10 WEST,
IN THE RANCHO LAS BOLSAS, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SHOWN ON A MAP THEREOF RECORDED IN BOOK 51 PAGE 12 OF MISCELLANEOUS
MAPS, RECORDS OF SAID ORANGE COUNTY ADJOINING SAID LOT 14 ON THE
NORTH, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SA~ID LOT 14; THENCE NORTH 460.00
FEET PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF THE SOUTH-
WEST QUARTER OF SAID SECTION 10; THENCE WEST 75.00 FEET PARALLEL WITH
THE NORTH LINE. OF SAID LOT 14; THENCE SOUTH 460.00 FEET PARALLEL WITH
THE SAID EAST LINE TO THE NORTHWEST CORNER OF SAID LOT 14; THENCE EAST
75.00 FEET TO THE POINT OF BEGINNING.
PARCEL C:
LOT 11 OF TRACT 447, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 17
PAGE 12 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE RECORDER OF THE
COUNTY OF ORANGE, TOGETHER WITH THAT PORTION OF THE NORTHEAST QUARTER
OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 5 SOUTH, RANGE 10
WEST, IN THE RANCHO LAS BOLSAS, COUNTY OF ORANGE, STATE OF CALIFORNIA,
AS SHOWN ON A MAp THEREOF RECORDED IN BOOK 51 PAGE 12 OF MISCELLANEOUS
MAPS, RECORDS OF SAID ORANGE COUNTY, ADJOINING SAID LOT 11 ON THE
NORTH, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST coRNER OF SAID LOT 11; THENCE NORTH PAR-
ALLEL WITH THE EAST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTION 10, 460.00 FEET; THENCE WEST PARALLEL WTTH
THE NORTH LINE OF SAID LOT 11, 75.00 FEET; THENCE SOUTH, PARALLEL
WITH SAID EAST LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF SAID SECTION 10, 460.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 11;
THENCE EAST ALONG THE NORTH LINE OF SAID LOT 11, 75.00 FEET TO THE
POINT OF BEGINNING.
LEGAL DESCRIPTION OF HARPER STREET PARK EXHIBIT "A"
ALL THOSE PORTIONS OF T~E NORTHEAST QUARTER .OF THE SOUTHWEST QUARTER
OF SECTION 10, TOWNSHIP 5 SOUTH, RANGE 10 WESt, IN THE RANCHO LAS ~LSAS,
IN THE CITY OF SANTA i%lqA, COUNTY OF ORANGE, STATE OF CALIFORNIA,
SZ{OWN ON A MAP THEREOF IN BOOK 5'1, PACE 12 OF MISCELLANEOUS MAPS, ~CORDS
OF ORANGE COUNTY, AND T~AT PORTION OF TRACT NO. 447 AS SHOWN ON A
RECORDED IN BOOK 17, PAGE 12 OF MISCELLANEOUS MAPS, RECORDS OF SAI~
ORANGE COUNTY, DESCRIBED AS FOLLOWS:
PARCEL 1. BEGINNING AT TNE NORTHWEST CORNER OF LOT 9 OF SAID TRAC~
NO. 447; THENCE NORTH ALONG THE NORTHERLY PROLONGATION OF THE WES~
LINE OF SAID LOT 9, A DISTANCE OF 460.00 FEET; THENCE EAST, PARALI_~
WITH THE NORTH LINE OF SAID TRACT NO. ~447, A DISTANCE OF 130.00 FE~T
TO THE NORTHERLY PROLONGATION OF THE EAST LINE OF LOT 10 OF SAID T~CT
NO. 447; THENCE SOUTH ALONG SAID LAST MENTIONED NORTHERLY PROLONGA~'~ON
AND ALONG THE EASTERLY LINE OF SAID LOT 10, A DISTANCE OF 588.00 ~T
TO A -LINE PARALLEL WITH AND DISTANT 42.00 FEET NORTHERLY, MEASURED AT
RIGHT ANGLES, FROM T~E CENTER LINE OF FIFTH STREET AS SHOWN ON SAIl)
MAP OF TRACT NO. 447; THENCE WEST ALONG SAID PARALLEL LINE A DISTA~E
OF 105.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTITWES"I'ERLY
HAVING A RADIUS OF 25.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC ~F
SAID CURVE THROUGH A 'CENTRAL ANGLE OF 90° 00'00" AN ARC DISTANCE OF
39.27 FEET TO A TANGENT LINE BEING THE WEST .LINE OF SAID LOT 9; THENCE
NORTH ALONG SAID WEST LINE, A DISTANCE OF 103.00 FEET TO THE POINT ~)F
BEGINNING.
PARCEL 2. BEGINNING AT THE NORTHWEST CORNER OF LOT 12 OF SAID TRAC~
NO. 447; THENCE NORTH ALONG THE NORTHERLY PROLONGATION OF THE WEST
LINE OF SAID LOT 12 A DISTANCE OF 460.00 FEET; THENCE EAST, PARALLEL
WITH THE NORTH LINE OF SAID TRACT NO. 447 A DISTANCE OF 150.00 FEET
TO THE NORTHERLY PROLONGATION OF THE EAST LINE OF LOT 13 OF SAID TRACT
NO. 447; THENCE SOUTH ALONG SAID LAST MENTIONED NORTHERLY PROLONGATION
AND ALONG THE EAS%~ERL¥ LINE OF SAID LOT 13 A DISTANCE OF 588.00 FEET
TO A LINE PARALLEL WITH AND DISTANT 42.00 FEET NORTHERLY MEASURED AT
RIGHT ANGLES, FROM T~E CENT~:R LINE OF FIFTH STREET, AS SHOWN ON SAID
MAP OF TRACT NO. 447; THENCE WEST ALONG SAID PARALLEL LINE A DISTANCE
OF 150.00 FEET TO THE WEST LINE OF SAID LOT 12; THENCE NORTH ALONG SAID
WEST LINE A DISTANCE OF 128.00 FEET TO THE POINT OF BEGINNING.
PARCEL A:
THE EAST 90.00 FEET OF THE FOLLOWING:
BEGINNING AT A POINT IN TIIE NORTH LINE OF TRACT NO. 447, AS SHOWN ON
A MAP THEREOF RECORDED I~T BOOK 17 PAGE 12 OF MISCELLANEOUS MAPS, IN
· ~-~ OFFICE OF THE RECORDER OF THE COUNTY OF ORANGE, SAID POINT BEING
170.00 FEET NORTHERLY AND 635.00 FEET WESTERLY FROM THE SOUTHEAST
CORNER OF THE NORT~AST QUARTER OF THE SOUTHWEST QUARTER OF SECTION
10, TOWNSHIP 5 SOUTH, RANGE 10 WEST, 'IN THE RANCHO LAS BOLSAS, COUNTY
OF ORANGE, STATE- OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51
PAGE 12 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, THENCE
NORTHERLY PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 10, 250.00 FEET; THENCE WESTERLY
PARALT.RL WITH THE SOUT~{ LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTION 10, 655.00 FEET TO A POINT 30.00 FEET EAST OF
THE W~ST LINE OF THE NORTHEAST QUARTER OF THE SOUTITWEST QUARTER OF
SAID SECTION 10; THENCE SOUTHERLY PARALLEL TO THE WEST LINE OF THE
NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 10,
250.00 FEET TO THE NORTH LINE OF TRACT NO. 447; THENCE EASTERLY ALONG
THE NORTH LINE OF TEA~T NO. 447; 655.00 FEET TO THE POINT OF BEGINNING.
DECLARATION OF RESTRICTION
This Declaration of Restriction is made by the City
of Santa Ana, California, 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. OSC-425 (G) with the United States Department of
Housing and Urban Development on February 19, 1974, and
WI~EREAS, said property is an Open Space park in the City
of Santa Ana known as "HARPER STREET PARK," and
WHEREAS, said contract requires that declarant record a
restriction providing that said property may not be sold,
leased or transferred without the written approval of the Sec-
retary of Housing and Urban Development,
NOW, T~EREFORE, 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 transferred
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 all successors and assignees of declarant.
THE CITY OF. SANTA ANA, a municipal
corporation of the State.of
California, declarant
ATTEST: -
~NCE 1. MALON~