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HomeMy WebLinkAboutCity Council - 2013-51 0001RESOLUTION NO 2013-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE SUMMARY VACATION OF THAT CERTAIN EXCESS PUBLIC RIGHT- OF-WAY EASEMENT GENERALLY LOCATED EAST OF MAIN STREET AND NORTH OF SPRINGFIELD AVENUE (CULLUM, 1802 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 southwestern corner of an existing residential parcel, east of Main Street, north of Springfield Avenue. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 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, north 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 April 12, 2012 as Instrument No 13-3583 / 99900 Resolution No. 2013-51 2012000209079 of Official Records, Orange County, California, and is more particularly described as A perpetual easement and right of way for street and public 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 2 OF BLOCK 1803 OF TRACT NO. 12, AS SHOWN ON A MAP RECORDED IN BOOK 9 PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: 1. THAT PORTION OF SAID LOT 2 LYING OUTSIDE A CURVE HAVING A RADIUS OF 15.00 FEET, CONCAVE TO THE NORTHEAST BEING TANGENT ON THE SOUTH TO THE SOUTH LINE OF SAID LOT 2 AND TANGENT ON THE WEST TO THE WEST LINE OF SAID LOT 2. CONTAINING 48 SQUARE FEET, MORE OR LESS 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 a Mayor REVI AND APPROVED APPROVED AS TO FORM: Cit ger C ty Attorny 3 INITIATED AND A PROVED. Director of Public Nx&rks 2 13-3583 / 99900 Res. No. 2013-51 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 y Clerk and ex -office Clerk of the City Council of the City of Huntington Beach, California