HomeMy WebLinkAboutCity Council - 5607 RESOLUTION NO. 5607
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH ORDERING THE VACATION OF AN
EASEMENT FOR PUBLIC STREET PURPOSES OVER A POR-
TION OF DELAWARE STREET, SOUTH OF MAIN STREET
WHEREAS, on December 16, 1985 the City Council of the City
of Huntington Beach duly adopted Resolution No. 5605 declaring
its intention to vacate an easement for public street purposes
over a portion of Delaware Street, located south of Main
Street, and referring to maps or plans on file in the office of
the City Clerk for particulars as to the proposed vacation; and
Said resolution fixed the time and place of January 6, 1986
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 pro-
posed vacation, which time was not less than fifteen (15 ) days
from the passage of this resolution. Notices of vacation were
posted conspicuously along the easement for public street pur-
poses over that portion of Delaware Street proposed to be va-
cated, and such notices were posted not more than three hundred
(300) feet apart and at least three (3) were posted.
On January 6, 1986 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
persons interested in or objecting to the proposed vacation of
an easement for public street purposes over a portion of
Delaware Street, south of Main Street, at which time no objec-
tion was made to said vacation, and evidence was presented
showing that such easement is not necessary for present or
prospective public use and is not suitable for use or develop-
ment as bicycle paths or routes.
1 .
NOW, THEREFORE, the City Council of the City of Huntington
Beach, pursuant to Division 9, Part 3, Chapter 3 of the
California Streets and Highways Code, commencing with sec-
tion 8320, does resolve that an easement for public street pur-
poses over a portion of Delaware Street, generally located
south of Main Street, is not necessary for present or prospec-
tive public use, and is not suitable for use or development as
bicycle paths or routes, and it is hereby
ORDERED that the easement for public street purposes over a
portion of Delaware Street, south of Main Street, is hereby
vacated; and that such easement so vacated is more particularly
described as follows:
The easterly 2 .00 feet of the westerly 42.00
feet of the south half of Lot 6 of Block G
of Tract No. 7, city of Huntington Beach,
county of Orange, state of California, as
shown on a map recorded in Book 9, page 8,
Miscellaneous Maps of the County Recorder of
Orange County, California.
The city hereby reserves and excepts from the vacation 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, upon, over and across such street or any vacated portion
thereof 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 inflammable materials,
and wood growth, and otherwise protect the same from all hazards
in, upon and over the easement for public street purposes so
vacated over a portion of Delaware street.
2.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at an adjourned, regular meeting thereof held
on the 6th day of January, 1986.
Mayor Fro I em
ATTEST: APPROVED AS TO FORM:
City Cler City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City dmirdstrat Director of Public Works
ahb; 11/20/85; 12/13/85
1039L/3898
3 .
159 - 12
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TRACr No //593 M.M. 502-//, /2 SHOWN IN CIRCLES COUNTY OF ORANGE
PARCEL MAP P. M. 175-7
Res. No. 56.07
STATE OF CALIFORNIA )
COUNTY OF ORANGE
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 January , 19 86 by the following vote:
AYES: Councilmen:
Kelly, MacAllister, Finley, Bailey
NOES: Councilmen:
None
ABSENT: Councilmen:
Mandic, Green, Thomas
City Clerk and ex-officio Clerk
of the City. Council of the City
of Huntington Beach, California
RMRDING REQUESTED
BY AND MAIL TO-/ �+ p RECORDED IN OFFICIAL RECORDS
8i V- OIL 15 OF ORAL( COUNTY CALiFORN1A
Y MET
ea , '�� 1 -4 02 PM JAN l 0 '86
'r 4(*6' 'NL1lJ /
Curve.
�'S"- aFcaac�4
RESOLUTION NO. 5607
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH ORDERING THE VACATION OF AN
EASEMENT FOR PUBLIC STREET PURPOSES OVER A POR-
TION OF DELAWARE STREET, SOUTH OF '_MAIN STREET
WHEREAS, on December 16, 1985 the City Council of the City
of Huntington Beach duly adopted Resolution No. 5605 declaring
its intention to vacate an easement for public street purposes
over a portion of Delaware Street, located south of Main
Street, and referring to maps or plans on file in the office of
the City Clerk for particulars as to the proposed vacation; and
Said resolution fixed the time and place of January 6, 1986
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 pro-
posed vacation, which time was not less than fifteen (15 ) days
from the passage of this resolution. Notices of vacation were
posted conspicuously along the easement for public street pur-
poses over that portion. of Delaware Street proposed to be va-
cated, and such notices were posted not more than three hundred
( 300) feet apart and at least three ( 3) were posted.
On January 6 , 1986 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
persons interested in or objecting to the proposed vacation of
an easement for public street purposes over a portion of
Delaware Street, south of Main Street, at which time no objec-
tion was made to said vacation, and evidence was presented
showing that such easement is not necessary for present or
prospective public use and is not suitable for use or develop-
ment as bicycle paths or routes .
1 .
8G--013915
NOW, THEREFORE, the City Council of the City of Huntington
Beach, pursuant to Division 9, Part 3, Chapter 3 of the
California Streets and Highways Code, commencing with sec-
tion 8320, does resolve that an easement for public street pur-
poses over a portion of Delaware Street, generally located
south of Main Street, is not necessary for present or prospec-
tive public use, and is not suitable for use or development as
bicycle paths or routes , and it is hereby
ORDERED that the easement for public street purposes over a
portion of Delaware Street , south of Main Street, is hereby
vacated; and that such easement so vacated is more particularly
described as follows :
The easterly 2 .00 feet of the westerly 42 .00
feet of the south half of Lot 6 of Block G
of Tract No. 7, city of Huntington Beach,
county of Orange, state of California, as
shown on a map recorded in Book 9, page 8,
Miscellaneous Maps of the County Recorder of
Orange County, California.
The city hereby reserves and excepts from the vacation 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, upon, over and across such street or any vacated portion
thereof 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 inflammable materials ,
and wood growth, and otherwise protect the same from all hazards
in, upon and over the easement for public street purposes so
vacated over a portion of Delaware street.
2.
86--013915
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at an adjourned, regular meeting thereof held
on the 6th day of January, 1986 .
M1��J •
Mayor
ATTEST: APPROVED AS TO FORM:
City ClerK Y City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Administrat ;7, Director of Public Wor s
ahb; 11/20/85 ; 12/13/85
1039L/3898
3 .
159 - 12
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rRACr NO. 8471 MM 343-13,14 PAP':Et NUMBERS BOO►' 159PAGE 12
TRAG r No. 11593 44 .N. 502-1/ l2 St, WN IN GRCI:i COUN1( Of ORANGE
PAR f L MAP P AL 17.5-7
86--013915
Res. No. 5607
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WEVIMORTH, 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 January , 19 86 by the following vote:
AYES: Councilmen:
Kelly, MacAllister, Finley, Bailei
NOES: Councilmen:
wone
ABSENT: Councilmen:
Mandic, Green, Thomas
City Clerk and ex-offft io Clerk
of the City Council of the City
of Huntington Beach, California