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HomeMy WebLinkAboutCity Council - 6393RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH PROVIDING NOTICE OF INTENTION TO VACATE AN EASEMENT FOR PUBLIC STREET PURPOSES OVER A PORTION OF OLD LAKE STREET SOUTH OF PECAN AVENUE WHEREAS, the City of Huntington Beach owns an easement for public street and right of way purposes over the real property generally described as a portion of old Lake Street south of Pecan Avenue in the City of Huntington Beach; and The City Council proposes to vacate said easement; and On August 19, 1991, a public meeting was held before the City Council, at which time it was determined, pursuant to California Government Code Section 65402, that the proposed vacation of the easement described herein conformed to the City's General Plan. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. Pursuant to Division 9, Part 3, Chapter 2 of the California Streets and Highways Code, commencing with Section 8320, the City Council of the City of Huntington Beach hereby declares its intention to vacate an easement over a portion of old Lake Street, south of Pecan Avenue more particularly described as follows: ACT1 TA EN AFJk 5/92222 -1- Beginning at the most westerly corner of Tract 12268 as shown on a map recorded in Book 593, Pages 27, 28, and 29 inclusive, of Miscellaneous Maps, Records of Orange County; thence north 40°37'17" east 162.57 feet to a point; thence south 49°22'43" east 9.39 feet to the True Point of Beginning: Thence continuing south 49°22'43" east 59.95 feet to a point on a line, said line being the old center line of Lake Street; thence north 0 0 44°02" west along said line 196.59 feet to a point bears north 63°07'05" west, said curve being concave northwesterly and having a radius of 395.00 feet; thence southerly and westerly along said curve through a central angle of 11°50'12", an arc distance of 81.60 feet to a point on a non- tangent line, a bearing through said point bears 51 0 16 1 53" west; thence south 0°44'02" east 89.08 feet to the True Point of Beginning. The city hereby reserves and excepts a permanent easement and right at any time or from time to time, to construct, maintain, operate, replace, remove and renew storm drains, sanitary sewers, water mains and appurtenant structures in, AFJk 5/92222 -2- upon, over and across that portion of old Lake Street containing for public street purposes the easement proposed to be vacated, and pursuant to any existing franchises or renewals thereof, or otherwise to construct, maintain, operate, replace, remove, renew and enlarge lines of pipe, conduits, cables, wires, poles and other convenient structures, equipment and fixtures for the operation of gas pipelines, telegraphic and telephone lines, railroad lines, and for the transportation or distribution of electric energy, petroleum and its products, ammonia, water, and incidental purposes, including access and the right to keep the property free from flammable materials, and wood growth, and otherwise protect the same from all hazards in, upon and over the easement for public street purposes proposed to be vacated on a portion of old Lake Street. 2.The City Clerk is directed to maintain on file in the office of the City Clerk maps or plans showing the particulars of the proposed vacation, and reference is hereby made to such maps and plans for particulars as to said proposed vacation. 3.The City Council does hereby fix July 6, 1992, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard in Council Chambers in the Civic Center, as the time and place for hearing all persons interested in or objecting to the proposed vacation, which time is not less than fifteen (15) days from the passage of this resolution. 4.The City Clerk is directed to cause a copy of this resolution to be published in a weekly newspaper, published and AC fl AFJk 5/92222 -3- TA AFJk 5/92222 -4- TA City Clerk ATTEST: Mayor APPROVED AS TO FORM: City Attorney circulated in Huntington Beach for at least two successive weeks prior to the time set herein for the public hearing. 5. The Director of Public Works is directed to post, or cause to be posted, notices of vacation conspiculously along the easement proposed to be vacated at least two weeks before the date of the hearing. The notices shall be posted no more than 300 feet apart, but at least three notices shall be posted. The notices shall state the day, hour, and place of the hearing, and shall refer to the adoption of this resolution of intention, and shall include a map or plan showing the location of the portion of the easement proposed to be vacated. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 1992.