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HomeMy WebLinkAboutCity Council - 2013-50 0001RESOLUTION NO 2013-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE SUMMARY VACATION OF THAT CERTAIN EXCESS RIGHT-OF-WAY EASEMENT GENERALLY LOCATED EAST OF MAIN STREET AND SOUTH OF SPRINGFIELD AVENUE (CHAPMAN, 1746 MAIN) WHEREAS, the City Council of the City of Huntington Beach wishes to summarily vacate an easement which is excess right-of-way and is not required for street or highway purposes pursuant to California Streets and Highways Code Section 8334(a); and On June 25, 2013, a public meeting was held before the Huntington Beach Planning Commission at which time it was determined, pursuant to Government Code Section 65402, that the proposed summary vacation of the excess public right-of-way easement described herein conformed to the City's General Plan, and Said right-of-way is comprised of a 48 square foot right-of-way easement located at the northwestern corner of an existing residential parcel, east of Main Street, south of Springfield Avenue. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows 1. Pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highways Code, commencing with Section 8334(a), the City Council of the City of Huntington Beach hereby orders the vacation of the excess Main Street right-of-way easement located east of Main Street, south of Springfield Avenue 2 The right-of-way easement hereby vacated was granted to the City of Huntington Beach by that certain Easement Deed recorded on November 21, 2008 as Instrument No. 13-3851 / 99901 Resolution No. 2013-50 2008000544608 of Official Records, Orange County, California, and is more particularly described as: A perpetual easement and right-of-way for public street and utility purposes in, on, over, under and across all that real property in the City of Huntington Beach, County of Orange, State of California, described as follows - THAT PORTION OF LOT 24 OF BLOCK 1703 OF TRACT NO. 12, AS SHOWN ON A MAP RECORDED IN BOOK 9 PAGE 13 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY DESCRIBED AS FOLLOWS: 1. THAT PORTION OF SAID LOT 24 LYING OUTSIDE A CURVE HAVING A RADIUS OF 15.00 FEET, CONCAVE TO THE SOUTHEAST BEING TANGENT ON THE NORTH TO THE NORTH LINE OF SAID LOT 24 AND TANGENT ON THE WEST TO THE WEST LINE OF SAID LOT 24. 3 The City Council does hereby confirm that the easement herein vacated is excess right-of-way and is not required for street or highway purposes. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of September , 2013. REVI AND APPROVED APPROVED AS TO FO C� CiPtger 1 Atto6ey ,� I 5 6 I ��7'°�3 INITIATED AND APP D: Director of Public W ks 2 13-3851 / 99901 Res. No. 2013-50 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L FLYNN 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 September 16, 2013 by the following vote AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, Katapodis NOES: None ABSENT: None ABSTAIN: None CiAllerk and ex-officio erk of the City Council of the City of Huntington Beach, California