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RESOLUTION NO. 5947
A RESOLUTON OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH OF INTENTION TO VACATE AN EASEMENT
FOR PUBLIC STREET PURPOSES OF A PORTION OF ELM
STREET SOUTH OF CYPRESS AVENUE
III The CityCouncil of the City of Huntington Beach does hereby
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resolve as follows:
SECTION 1 . A public meeting was held before the Planning
Commission on July 19, 1988, at which time it was determined,
pursuant to Government Code § 65402, that the proposed vacation
for public street purposes of an easement over a portion of Elm
Street south of Cypress Avenue, conformed to the cit 's general
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plan.
SECTION 2 . Pursuant to Division 9, Part 3, Chapter 2 of
the California Streets and Highways Code, commencing with
S 8320 , the City Council of the City of Huntington Beach hereby
declares its intention to vacate for public street purposes an
easement over a portion of Elm Street, south of Cypress Avenue,
more particularly described as:
The south 42 feet of the east 1/2 of Lot 4 together with the
north 6 feet of the east 1/2 of Lot 5 of Block E of Tract
436, as recorded in Book 16 , page 28 of Miscellaneous Maps,
Records 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,
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5947
upon, over and across that portion of Elm 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
of a portion of Elm Street .
SECTION 3 . 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 for street purposes of a
portion of Elm Street, south of Cypress Avenue and reference is
hereby made to such maps or plans for particulars as to said
proposed vacation.
SECTION 4 . The City Council does hereby fix December 19,
1988, at the hour of 7:30 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.
SECTION 5 . The City Clerk is directed to cause a copy of
this resolution to be published in a weekly newspaper, published
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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 Elm
Street, south of Cypress Avenue, at least two weeks before the
date of the hearing . The notices shall be 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 referthe adoption f to h a p n o this resolution 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 Elm Street .
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 21st
day of November, 1988 .
Mayor
ATTEST: APPROVED AS TO FORM:
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City Clerk City At rriey
REV ED AND APPRO D• NITIATED A D PROVED:
City Administrator Direc or of Public Works
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5947
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TM4S MAP WAS PREPARED FOR ORANGE COUNT
ASSESSOR DEPT PURPOSES ONLY.THE ASSESSOF 165-28
MAKES NO GUAMNTEE AS TO ITS ACCURACY iOF
ASSUMES ANY)A@k RY FOR DTHEP JSES NOT
TO BE REPRODUCED ALL RIGHTS RESERVED
COPYRIGHT ORANGE COUNTT ASSESSOR 19U
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MARCH 197-9 NOTE-ASSESSOR'S KOCK 6 ASSESSOR'S MAP
TRACT NO. 436 M.M. 16-28 PARCEL NUMBERS 800K 165 PAGE 28
TRACT NO. 10485 M M. 449-34,35,36 SHOWN IN CIRCLES COUNTY OF ORANGE
PARCEL MQP PM 130-35
Res. No. 5947
STATE OF CALIFORNIA
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, 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 at least a majority of all the members of said City Council-
at a regular meeting thereof held on the 21st day
of November 19 89 by the following vote:
AYES: Councilmembers
Kelly, Green, Finley, Erskine, Mays, Winchell ,- Bannister
NOES: Councilmembers:
None
ABSENT: Councilmembers:
None
City Clerk and ex-officio er
of the.City Council of the City
of Huntington Beach, California