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HomeMy WebLinkAboutCity Council - 5198 RESOLUTION NO. 5198 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE VACATION OF A PORTION OF WARNER AVENUE (OLD WINTERSBURG AVENUE) EAST OF ALGONQUIN STREET WHEREAS , on November 15, 1982, the City Council of the City of Huntington Beach duly adopted Resolution No . 5175 declaring its intention to vacate a portion of Warner Avenue (old Wintersburg Avenue) east of Algonquin Street, and referring to maps or plans on file in the office of the City Clerk for particu- lars as to the proposed vacation; and Said resolution fixed the time and place of December 6, 1982 at the hour of 7: 30 p.m. , or as soon thereafter as the matter could be heard, in the Council Chambers in the Civic Center, for hearing all persons interested in or objecting to the proposed vacation, which time was not less than fifteen (15) days from the passage of said resolution. Notices of the proposed vacation were posted conspicuously along the portion of Warner Avenue east of Algonquin Street proposed to be vacated, and such notices were posted not more than three hundred (300 ) feet apart and at least three (3) were posted. On December 6, 1982 at the hour of 7: 30 p .m. , in the Council Chambers in the Civic Center, the City Council of the City of Huntington Beach did convene for the purpose of hearing all per- sons interested in or objecting to the proposed vacation of a portion of Warner Avenue (old Wintersburg Avenue) east of Algonquin Street , at which time no objection was made to said vacation, and evidence was presented showing that the proposed vacation of a portion of Warner Avenue east of Algonquin Street is not neces- sary for present and prospective public street purposes and is not suitable for use or development as bicycle paths or routes . /ahb 11/23/82 1. NOW, THEREFORE, the City Council of the City of Huntington Beach, pursuant to Division 9, Part 3, Chapter 2 of the California Streets and Highways Code, commencing with Section 8320, does re- solve that a portion of Warner Avenue (old Wintersburg Avenue) east of Algonquin Street is not necessary for present or prospective public street purposes , and is not suitable for use or development as bicycle paths or routes , and it is hereby ORDERED that a portion of Warner Avenue east of Algonquin Street be and the same is hereby vacated; and said portion of Warner Avenue so vacated is more particularly described as follows : PARCEL 1: That portion of Warner Avenue (old Wintersburg Avenue) southerly of Block 13 of Tract 86, as dedicated to the public and re- corded in Book 10, pages 35 and 36 of Miscellaneous Maps , records of Orange County. More particularly, that portion of Warner Avenue (old Wintersburg Avenue) bounded on the east by the northwesterly line of Parcel B as de- scribed in Book 8269 , pages 243-246, records of Orange County, said northwesterly line being a curve concave southeasterly having a radius of 690 feet, a central angle of 50046'15" and an arc length of 611. 42 feet , and also being bounded on the west by the easterly right-of-way line of Algonquin Street, more particuarly de- scribed as follows : Being a southeasterly continuation of a curve described as concave northeasterly having a radius of 300 feet, a central angle of 18001, 1011 and an arc length of 94. 35 feet, as described in Book 11804, page 337 of official records of said Orange County. PARCEL 2 : Being a portion of a perpetual ease- ment and right-of-way for street and public utility purposes, granted to the City of Huntington Beach in Book 11804, page 337, official records of said Orange County, more par- ticularly described as follows : Beginning at the southwest corner of the south- east quarter of Section 20, Township 5 South, Range 11 West, as shown on a map recorded in 2. Book 51, page 13 of Miscellaneous Maps , records of Orange County, thence north 89039 ' 54" east, 19 . 83 feet; thence north 0120106" west, 30 feet; thence north 89039 ' 54" east 50. 78 feet to the true point of beginning, said true point of be- ginning being also a point of cusp being on a curve concave northeasterly, having a radius of 17 feet , thence northwesterly along said curve through a central angle of 71038t47" an arc length of 12. 20 feet to a point on a compound curve con- cave northeasterly having a radius of 300 feet, a radial bearing to said point bears south 71°18141" , thence southeasterly along said curve through a central angle of 2121' 38" an arc distance of 12. 36 feet ; thence north 89039 ' 54" east, 12 feet to the true point of beginning. The city hereby reserves and excepts from the vacation a per- manent easement and right at any time or from time to time , to construct, maintain, operate, replace, remove and renew storm drains and appurtenant structures in, upon, over and across such street or any portion thereof 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 con- venient structures , equipment and fixtures for the operation of gas pipelines , telegraphic and telephone lines , and for the trans- portation or distribution of electric energy, petroleum and its products , ammonia, and water, and for incidental purposes, including access to protect such works from all hazards in, upon, and over the portion of the street 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 6th day of December, 1982. Mayor ATTEST: APPROVED AS TO FORM: 6Z? ,41 117 'Z L_ Z&-,-. City Clerk City Attorney 3. 178- L 24 h 2 m i - �,; M/LO AVENUE Mico AYE. TRACT e. TRACT -O s. 1jTRACT PAR 2 PAR.3 GAR 4 I I 12 r P M 60.37 L o sz' OPAR.! 26 22 23 «~ 25 M 5f-44 10 W r 153 AC, Ig � � 27 si 8L K /3 LOT 4. 6 LOT 3 8LK. /4 LOT 4 o LOT 3 0252 T 239 AC 5 253 a J Q la 905.03' NO. 86 T! aL I. 30l.O,' ' DAVENPORT 3 TRACT 3C�.ci• 2`- 3c- ici c n P 27 20 „ 19 21 2 Z� LCT/ m 16 28 Z se' z" 2.5904C. > 17 NO. /0966 o'. N0.86 R u N08307 �$ WARlJER - � o � — rwiNrERseuacl AVENUE a T Ilo-02 no-03 pJ MARCH /97/ NOTE-ASSESSORS BLOCK B ASSESSORS MAP TPA CT NO. 86 M, M 10-35,36 PARCEL NUMBERS BOOK 178 PAGE 25 TRACT NO 8307 M M 336-7,8 SHOWN /N CIRCLES COUNTY OF ORANGE TRACT NO. 10966 M M 477-37,38 PARCEL MAPS PM 56-44,60-37 Parcel 1 Parcel 2 REVIEWED AND APPROVED: INITIATED AND APPROVED: �. ity Administra or Di ector of Public Works i I I I I 4 . Res. No. 5198 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, 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 more than a majority of all the members of said City Council at a regular meeting thereof held on the 6th day of December 19 82 by the following vote: AYES: Councilmen: Pattinson, Thomas, MacAllister, Mandic, Finley, Bailey, Kelly NOES: Councilmen: None ABS ENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California RECORDING REQUESTED by AND MAIL.TO 8 2-4 36? 5 8 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY,CALIFORNIA ty of Huntington Beach .boo PM DEC 13 '82 BOX 190 CALIFORNIA 92648 C 7' RESOLUTION N0. 5198 LEE A. BRANCH, Count Recorder A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE VACATION OF A PORTION OF WARNER AVENUE (OLD WINTERSBURG AVENUE) EAST OF ALGONQUIN STREET `,WHEREAS , on November 15, 1982, the City Council of the City j 3? 'Auntington Beach duly adopted Resolution No. 5175 declaring its intention to vacate a portion of Warner Avenue (old ',dintersburg Avenue) east of Algonquin Street , and referring to maps or plans on file in the office of the City Clerk for particu- iars as to the proposed vacation; and Said resolution fixed the time and place of December 6, 1982 at the dour of 7: 30 p .m. , or as soon thereafter as the matter, could be heard, in the Council Chambers in the Civic Center, for hearing all persons interested in or objecting to the proposed vacation, winch time was not less than fifteen (15) days from the passage of said resolution. Notices of the proposed vacation were posted conspicuously along the portion of Warner Avenue east of Algonquin { Street proposed to be vacated, and such notices were posted not more than three hundred ( 300 ) feet apart and at least three ( 3 ) were posted. On December 6 , 1982 at the hour of 7: 30 p.m. , in the Council Chambers in the Civic Center, the City Council of the City of Huntington Beach did convene for the purpose of hearing all per- sons interested in or objecting to the proposed vacation of a portion of Warner Avenue (old Wintersburg Avenue) east of Algonquin Street , at which time no objection was made to said vacation, and evidence was presented showing that the proposed vacation of portion of Warner Avenue east of Algonquin Street is not neces- sary for present and prospective public street purposes and is not suitable for use or development as bicycle paths or routes . ahb 62-436358 NOW, THEREFORE, the City Council of the City of Huntington Beach, pursuant to Division 9 , Part 3, Chapter 2 of the California Streets and Highways Code, commencing with Section 8320, does re- solve that a portion of Warner Avenue (old Wintersburg Avenue) east of Algonquin Street is not necessary for present or prospective Public street purposes , and is not suitable for use or development as bicycle paths or routes , and it is hereby ORDERED that a portion of Warner Avenue east of Algonquin Street be and the same is hereby vacated; and said portion of Warner Avenue so vacated is more particularly described as follows : PARCEL 1: That portion of Warner Avenue (old Wintersburg Avenue) southerly of Block 13 of Tract 86, as dedicated to the public and re- corded in Book 10, pages 35 and 36 of Miscellaneous Maps , records of Orange County. More particularly, that portion of Warner Avenue (old Wintersburg Avenue) bounded on the east by the northwesterly line of Parcel B as de- scribed in Book 8269 , pages 243-246, records of Orange County, said northwesterly line being a curve concave southeasterly having a radius of 690 feet , a central angle of 50146 ' 15" and an are length of 611. 42 feet , and also being bounded on the west by the easterly right-of-way line of Algonquin Street, more particuarly de- scribed as follows : Being a southeasterly continuation of a curve described as concave northeasterly having a radius of 300 feet , a central angle of 18001110" and an arc length of 94 . 35 feet, as described in Book 11804, page 337 of official records of said Orange County. PARCEL 2: Being a portion of a perpetual ease- ment and right-of-way for street and public utility purposes , granted to the City of Huntington Beach in Book 11804 , page 337, official records of said Orange County, more par- ticularly described as follows : Beginning at the southwest corner of the south- east quarter of Section 202 Township 5 South, Range 11 West, as shown on a map recorded in 2. 62-436358 Book 51, page 13 of Miscellaneous Maps , records of Orange County, thence north 89039 ' 54" east, 19 . 83 feet ; thence north 012010611 west, 30 feet ; thence north 8903915411 east 50. 78 feet to the true point of beginning, said true point of be- ginning being also a point of cusp being on a curve concave northeasterly, having a radius of 17 feet , thence northwesterly along said curve through a central angle of 71*38, 4711 an arc length of 12. 20 feet to a point on a compound curve con- cave northeasterly having a radius of 300 feet, a radial bearing to said point bears south 71018, 411, thence southeasterly along said curve through a central angle of 2021 ' 38" an arc distance of 12. 36 feet ; thence north 89039 ' 54" east, 12 feet to the true point of beginning. The city hereby reserves and excepts from the vacation a per- manent easement and right at any time or from time to time , to construct, maintain, operate, replace, remove and renew storm drains and appurtenant structures in, upon, over and across such street or any portion thereof 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 con- venient structures, equipment and fixtures for the operation of gas pipelines, telegraphic and telephone lines , and for the trans- portation or distribution of electric energy, petroleum and its products , ammonia and water, and for incidental purposes including access to protect such works from all hazards in, upon, and over the portion of the street 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 6th day of December, 1982. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney 3. 7 24 -- -j— : MILO AVENUE =� - AwYLO Are. TRACT 1' TRACT - TRACT 5 P.v 6C.37 I PAR i 26 22 23 y y O9 W 25 r 5F �♦ s; _ 16 W aZ&O AC. Q r 10 i u 2T 15S AC u BLK /3 AL 4e. L07 4 F Z N e 12 � N LOT 3 ,2t5 - zJ, A. 23 O Q a 0D S as i V NO 26 OAVCbPC'47 ! ,.:�, s 7RAC7 OR. 15 zy C.) toy r .a 7.'SOAC. Co /✓O. /0966 J NQ 86 5 Nv E307 e WAR/✓ER -j— — - lrrvw�ERssv.4c1 A%ENJE - �- ��?E��E Ito-02 uo-03 P NOT£-CSS£SSORS BLOCK 8 .a�SFSSGRS AIAP MARCH /97/ 7FACTNO. 86 m M• /0-35,36 P. ,?CEL X4/,Mz'£RS BGOK 178 P46F 25 7RACT NC 6307 M M 336-7,8 SHOWN !N CIRCLES COL/W r OF OR-AIGE 7RACT NO. 10566 M M 477-37,36 PARCEL MAPS P M 56.44,60-37 Parcel 1 Parcel 2 r, REVIEWED AND APPROVED: INITIATED AND APPROVED ity Administra or Director of Public Works i x L Res. No. 5198 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, 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 more than a majority of all the members of said City Council at a regular meeting thereof held on the 6th day of December , 19 82 by the following vote: AYES: Councilmen: Pattinson, Thomas, MacAllister, Mandic, Finley, Bailey, Kelly NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California