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HomeMy WebLinkAboutCity Council - 2886 RESOLUTION NO. 2886 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH TO VACATE A PORTION OF CIRCLE DRIVE IN SAID CITY AND GIVING NOTICE OF HEARING OF SAID VACATION. WHEREAS, Circle Drive traverses the perimeter of Reservoir Hill on the easterly side of Golden West Street, creating a hazardous traffic situation by having two intersections closely spaced on a hilltop; and WHEREAS, traffic can be more easily controlled by elimin- ating one of the intersections; and WHEREAS, the most southerly section of Circle Drive is the most logical portion to be so eliminated; and WHEREAS, the City Council desires to vacate certain rights to that portion of Circle Drive hereinafter described: NOW, therefore, the City Council of the City of Huntington Beach, California, does resolve, determine, find, and declare as follows: Section 1: The City Council of the City of Huntington Beach does hereby declare its intention to vacate the public street easement rights to Circle Drive within the City of Huntington Beach, described as follows: That portion of Circle Drive as shown on a map of a record of survey recorded in book 59, page 3 of Records of Surveys on file in the office of the County Recorder, Records of Orange County, California; Said portion being more particularly described as follows: A strip of land, 75 feet in width lying southerly of a line parallel to and 30.00 feet southerly measured at right angles from the north line of the southwest one-quarter (SW-1-4) of the northwest one-quarter (NW4) of Section 2, Township 6 South, Range 11 West and lying east- erly of a line parallel to and 50.00 feet easterly measured at right angles from the west line of the southwest one-quarter (SW4) of the northwest one-quarter (NW4) of said Section 2. Section 2: The City Council of the City of Huntington Beach further declares and stipulates that reserved and excepted from the vacation are the non-exclusive rights at any time, or from time to time, to construct, maintain, operate, replace, remove and renew sanitary sewers, water distribution facilities, and storm drains and appurtenant structures in, under, upon, over and across the westerly, northwesterly, and northerly one half, together with the most westerly 60.00 feet of the above described portion of Circle Drive proposed to be abandoned and pursuant to any existing franchise or renewals thereof, or other- wise, to construct, maintain, operate, replace, remove, renew and enlarge lines of pipe, conduits, cables, wires, poles, and other conven- ient structures, equipment and fixtures for the operation of gas pipe lines, telegraphic and telephone lines, and for the transportation or distribution of electric energy, petroleum, and its products, ammonia, water, and for incidental purposes, including access to protect the property from all hazards in, upon, and over. the above described excepted areas of that portion of Circle Drive. Section 3: That notice is hereby given that the 20th day of January, 1969, at the hour of 7:30 p.m. or as soon thereafter as possible, in the Council Chamber in the City Hall, Huntington Beach, California, is the time and place when and where a public hearing shall be held upon said resolution of intention to vacate said above described Circle Drive, with the above mentioned reservations, at which hearing all persons interested in or objecting to the proposed vacation may be heard. Section 4: The City Clerk is hereby authorized and directed to cause a copy of this resolution of intention to be published in the Huntington Beach News, a newspaper of general circulation, printed and published in the City of Huntington Beach, by one insertion prior to the hearing, as set forth in Section 3 hereof. Section 5: The City Council of the City of Huntington Beach, in vacating Lot E, as above described, does elect to proceed under the provisions of the Street Vacation Act of 1941, Division 9, Part 3, of the Streets and Highway Code of the State of California. Section 6: The Street Superintendent is hereby authorized and directed to post notices of street vacation, as required by law. -2- PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, at a regular meeting thereof held on the 16th day of December 1968. F Mayor ATTEST: APPROVED AS TO FORM: �yn�'`City Attorney -3- Res. No. 2886 1 2 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss : 3 CITY OF HUNTINGTON BEACH ) 4 I , PAUL C. JONES, the duly elected, qualified and 5 acting City Clerk of the City of Huntington Beach, and ex- 6 officio Clerk of the City Council of said City, do hereby 7 certify that the whole number of members of the City Council 8 of the City of Huntington Beach is seven; that the foregoing 9 resolution was passed and adopted by the affirmative vote of 10 more than a majority of all the members of said City Council 11 at a regular meeting thereof held on the 16th 12 day of December 19 68 by the following vote : 13 14 AYES: Councilmen: 15 Shipley, Bartlett, McCracken, Kaufman, Matne 16 Green, Coen NOES: Councilmen: 17 18 ABSENT: Councilmen: 19 20 21 City Clerk and . -officio Clerk 22 of the City Council of the City 23 of Huntington Beach, California 24 25 26 21 28 29. 30