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HomeMy WebLinkAboutCity Council - 5845 RESOLUTION NO. 5845 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE VACATION OF AN EASEMENT FOR PUBLIC STREET PURPOSES OVER A PORTION OF DELAWARE STREET, SOUTH OF MAIN STREET WHEREAS, on January 19 , 1988, the City Council of the City of Huntington Beach duly adopted Resolution No. 5841 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 February 16 , 1988 , at the hour of 7 : 00 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 this resolution. Notices of vacation were posted conspicuously along the easement for public street purposes over that portion of Delaware 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 February 16 , 1988, at the hour of 7 :00 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 objection 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 development as bicycle paths or routes . 1 _ 5845 NOW, THEREFORE, BE IT RESOLVED by 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 section 8320, that an easement for public street purposes over a portion of Delaware Street, generally located south of Main Street, is not necessary for present or prospective public use, and is not suitable for development as bicycle paths or routes, and IT IS FURTHER RESOLVED, 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 12 .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 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 that portion of Delaware Street containing for public street purposes the easement hereby ordered 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 2 _ 5845 public street purposes hereby ordered vacated of a portion of Delaware Street . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at an regular meeting thereof held on the 16th day of February, 1988 . -C:7 ayor ATTEST: APPROVED AS TO FORM: City Clerk Ci�y Attorn -.L*-%% REVIEWED AND APPROVED: INITIATED AND APPROVED k City Administratort �,,",' Director of Public Works I be 3 - 5845 Is9 - 12 (i/00" co Ll r ,Q Sf vfm rcEN rN FLORIDA (STAN6 LJV.) q-- STREET STREET 1 < TRACT TRACT 0 12 Lor. /5 Is 1� ♦s<~ k V `aJ w 11 � w j i R LOT 7 Lor 9 2.06 AC. /.03 AC. A.03 A _ J •., n a� ✓ R 16 Lor 16 r se A� NO 8471 moo' ,ro• so' O &K. C TRACT i saso Lor /3 Lor s $ 18 p/1IgAtZ'T - AAM. 175.7 537-♦0-zo7-2" 4 ae for 6 $ 957 LOT! LOT!o W ?65- O = i 1 _ O RP " © o 26 2S 30 ,0 28 2 are,e B o° L03AC..• r /31 ' 7 i.;vAc. "~ 0.99AC. /;OdAC. ,se• / s• sc' . Lor !2 W � NO //593 to QoF � , �o 159 7 tz6 d,ql)-!p�KJyJP' so' OQY.y _L _j Of"WARE - STREET 4 J y 2 6 I9 TlMBER CIRCLE MARCH /975 TRACT A0. 7 M.M. 9-8 NOTE ASSESSORS BLOCK MAP TRACT NO. 8471 M.M. 343-/3,>4 PARCEL NUM8ERS 80 PAGE 12 TRACT MQ 11593 M.M. 502-11,12 SHOWN IN CIRCUS COUf7TY OF ORANGE �•.`/ q PARCEL MAP P. M 175-7 Res. No. 5845 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNT INGTON 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 16th day of February , 1988 , by the following vote: AYES: Councilmen: Kelly, Green, Finley, Erskine, Mays, Winchell NOES: Councilmen: None ABSENT: Councilmen: Bannister City Clerk and ex-officio Clerk of the City Council of. the City of Huntington Beach, California 5845 tAtmr I 0U_UI .7 I LJ RECORDING REQUESTED C 5 RECOSMO IN OFFICIAL RECORDS BY AND MAIL�TO �-- OF ORANGE COUNTY CALIFORNIA • ur,11•x��.vl d ack J{ .]Z 1 S PM FEB 2 3 '88 �t!t�1� ti1�j�w(. G C•t RESOLUTION NO. 5845 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE VACATION OF AN EASEMENT FOR PUBLIC STREET PURPOSES OVER A PORTION OF DELAWARE STREET, SOUTH OF MAIN STREET WHEREAS , on January 19 , 1966 , the City Council of the City of Huntington Beach duly adopted Resolution No. 5841 declaring its intention to vacate an easement for public street purposes over a :.ortion of Delaware Street , located south of Main Street, and referring to maps or mans 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 February 16 , 1988 , at the hour of 7 : 00 p.m. , or as soon thereafter as the matter could be heard, in the Council Chambers in the Civic Center , for ::earns all persons interested in or objecting to Laze proposed vacation, which time was not less than fifteen. ( 15 ) dabs horn the passage of this resolution . Notices of vacation were posted conspicuously along the easement for public street purposes over that portion of Delaware 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 February 16 , 1988 , at the hour of 7 :oo 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 vacaticn of an- easement for public street purposes over a portion of Delaware Street , south of Main Street , at which time no objection 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 development as bicycle paths or routes. - 1 - 5845 2 ' 88-079138 NOW, THEREFORE, BE IT RESOLVED by 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 section 832,) , that an easement for public street purposes over a portion of Delaware Street , generally located south of Main Street , is not necessary for present or prospective public use, and is not suitable for development as bicycle paths or routes, and IT IS FURTHER RESOLVED, 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 12 .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 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 that portion of Delaware Street containing for public street purposes the easement hereby ordered 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 2 _ 5845 88-079138 public street purposes hereby ordered vacated of a portion of Delaware Street . PASSED AND ADOPTED by the City Council of the City of Huntington 3each at an regular meeting thereof held on the i6th day of February, 1988 . 1 . ayor ATTES': : APPROVED AS TO FORM: City Clerk `"� City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED City Administrator Director of Public Works be 3 - 5845 co .. / ,r 100. $ ; FLORIDA sTR££T -• str(v►t(v/N S rqf(r 00 ,., TRAc r M , TRACT '� � W CDw w for �! 8 ? 1 • .. i eot r cor s 7at ...,.. •�� h i, �''` .. ., J 13 11 co = t.o4 AC 1 o!Alc Lof A 6t ! 16 e Q MOB47/ P. I� ' an o� BLK. ti rRAcr Lor is • PM `art � - 121 n�anr=r � le for I : vf�.+ for i "7r/o $ 11s- L I.O!AC. )I ,.70 AC Z` O 99 AC 1.O!Ac • • 19 t p PLQ '0r 'Ar ta p(T, '�� y..u' s•a' 7 fit• •1 DELAWARE Y j.,J J =$ STREET : QP�Q �y?�.+`�ati R� 26 19 _11YR(A C,ACt( NOTE ASSESSOR S BLOCK �21R: i� MARCH /97" TRACT AV 7 M AI 9-B AP� TRACT AK7. 8471 MA/ 343-13,14 PARCEL NUMAfRS soLYStIp",PAGF 12 TRACT Ab 1159J M AI. 30?-II, 12 SHOWN IN CIRCHS COUl7/Y Of ORANGE PARCEL AIAP P M 175-7 , 86--079 { 38 Res. No. 5845 STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF HUM INGTON REACH ) 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 jvote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 16th day of February , 1988 by the following vote: AYES: Councilmen: Kelly, Green, Finley, Erskine, Mays, Winchell NOES: Councilmen: None ABSENT: Councilmen: Bannister � i 'r City Clerk and ex-officio Clerk -- of the City Council of the City of Huntington Beach, California 5845 88-079 ! 38 RESOLUTION NO. 5841 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OF INTENTION TO VACATE AN EASEMENT FOR PUBLIC STREET PURPOSES OF A POR- TION OF DELAWARE STREET, SOUTH OF MAIN STREET The City Council of the City of Huntington Beach does here- by resolve as follows : SECTION 1 . A public meeting was held before the Planning Commission on November 5 , 1985 at which time it was determined, pursuant to Government Code section 65402 , that the proposed vacation for public street purposes of an easement over a por- tion of Delaware Street , located south of Main Street , con- formed to the city ' s general plan . SECTION 2 . Pursuant to Division 9 , Part 3 , Chapter 2 of the California Streets and Highways Code, commencing with sec- tion 8320, the City Council of the City of Huntington Beach hereby declares its intention to vacate for public street pur- poses an easement over a portion of Delaware Street , located south of Main Street, more particularly described as follows : The easterly 2 .00 feet of the westerly 12 .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 a permanent easement and right at any time or from time to time, to construct, main- tain, operate, replace, remove and renew storm drains, sanitary sewers, water mains and appurtenant structures in, upon, over " -' and across that portion of Delaware Street containing for public 1. I � 88-079138 street purposes the easement proposed to be vacated, and pur- suant to any existing franchises or renewals thereof, or other- wise 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 inciden- tal purposes, including access and the right to keep the prop- erty free from flammable materials, and wood growth, and other- wise protect the same from all hazards in, upon and over the easement for public street purposes proposed to be vacated of a portion of Delaware Street . SECTION 3 . The City Clerk is directed to maintain on file in to office of the City Clerk maps or plans showing the par- ticulars of the proposed vacation for street purposes of a por- tion of Delaware Street, located south of Main Street , and ref- erence is hereby made to such maps or plans for particulars as to said proposed vacation . SECTION 4 . The City Council does hereby fix February 16 , 1988 , 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 tha-n fifteen ( 15 ) days from the passage of this resolution . SECTION 5 . The City Clerk is directed to cause a copy of this resolution to be published in a newspaper printed and published in the county and circulated in Huntington Beach for at least two successive weeks prior to the time set herein for the public hearing . SECTION 6 . The Director of Public Works is directed to post, or cause to be posted, notices of vacation conspicuously _ along the easement proposed to be vacated of a portion of Delaware Street, located south of Main Street, at least two weeks before the date of the hearing . The notices shall be 2 . 88-079138 posted not more than 300 feet apart, but at least three notices" shall be posted . The notices shall state the day, hour , and place of hearing , and shall refer to the adoption of this reso- lution of intention, and shall describe the easement or shall include a map or plan showing the location of the easement for public street purposes proposed to be vacated of a portion of Delaware Street . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 18th day of January , 1988 . Mayor ATTEST : A_ �OVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Director of Public Works 1038L/bc 3. 159 - �2 . I -ram • it .. Y FLORIDA /STAVE L NJ S TREET •• ; SfvfNrrfNrN S st•Irfr OU TRACT { • r-, TRACT + , , Lor i9 ly 05 • 13- -Is- ,e q cp i t0► f Lor 9 Y Y .,a•� ��• H ti '• .. „ t 00 O O O - --- - - y 10 co 1.06 Ac �o!AC 1.01 A U R 16 O O O f Lor 14 "• .: I M0 8471 '" I • �� ,ee /le se. •• i.e• •m � BC K. G TRACT g •aut cot I! ar Lor• ' '"' 121 A%,x"r ie Y t e o� Pr. us-r 9Sr.40-ror.1e9 Lor f 9J1. cot I Lor io W 26 20 177.7 O e L 81 \�7 A 1.of AC. ]i I.V AC. _` 0 99 AC : 1.o!AC. .M •i Lor At : ISO XZ f - q Gy; \q� AV 115-93 '"jet•• I F — DELAWARE - _� -- STREET — y �4�`� 26 IJ nr.fN CIRCLE d� MARCH 197S rRACr NO 7 AIM 9-8 NOTE ASSESSOR S SLGL:K : ���.+4�A► ' TRACT Mo. 847/ MM 343-13,14 PARZEL NUMBERS ROLij'r ' PAGE 12 CD TRACT w /1393 M M 5oz-//, 12 SHOWN IN CIRCLES COU17TY Of ORANGE PARCEL MAP P Al 175-7 y 88-079138 Res. No. 5841 STATE OF CALIFORNIA ) COUNYY OF ORANGE ) s s: _ CITY OF HUNT'INGTON 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 12t_ day of January 1988 by the following vote: AYES: Councilmen: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California The foregoing instrument is a Correct copy of the original on file in this office. -; city Clerk and Ex-officio Clerk of the City Council of t ex City of Hu tington Beach, Cal, ®Y Deputy