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HomeMy WebLinkAboutCity Council - 5967 RESOLUTION NO. 5967 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 ELM STREET SOUTH OF CYPRESS AVENUE WHEREAS, on November 21, 1988 , the City Council of the City of Huntington Beach duly adopted Resolution No. 5947 declaring its intention to vacate an easement for public street purposes over a portion of Elm Street, located south of Cypress Avenue, 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 December 19, 1988, at the hour of 7 :30 p.m. , or as soon thereafter s the matter could be heard, in the Council Chambers in the Civic Center, for hearing all persons interested in or objecting to r 9 P J 9 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 Elm 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 19, 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 Elm Street, south of Cypress Avenue, at which time no objection was made to said vacation, and evidence was presented showing that -1- 5967 such easement is not necessary for present or prospective public use and is not suitable for use or development as bicycle paths or routes . 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 section 8320 , does resolve that an easement for public street purposes over a portion of Elm Street, generally located south of Cypress Avenue, is not necessary for present or prospective 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 Elm Street, south of Cypress Avenue, is hereby vacated; and that such easement so vacated is more particularly described as follows: 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 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 -2- 5967 telephone lines railroad lines and for the transportation or P � � distribution of electrical 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 j vacated over a portion of Elm Street . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held the 19th day of December , 1988 . Mayor ATTEST:ATTEST: APPROVED AS TO FORM: r Ci y- Clerk 2 -6- fj� City Attorney REVIEWED AND APPROVED INITIATED AND APPROVED: City Administrator " Director of Public Works sg -3- 5967 rn Lf) THIS MAP WAS PREPARED FOR ORANGE COUNT-�ASSESSOR DEPT.PURPOSES ONLY.THE ASSESSOF 165-Z8 MAKES NO GUARANTEE AS TO ITS ACCURACY IOF ASSUMES ANY LIABILITY FOR OTHER USES.NOT TO BE REPRODUCED.ALL RIGHTS RESERVED COPYRIGHT DRAKE COUNTY ASSESSOR 19M. 36 N w ti CYPRESS 9 w N'a N • A AVENUE 0 o - N N w ? SY..90' GI G2 7227/0'� ef' BB' 7s• /SJ.IY CYPRESS p TRACT ` 7 „ 4. a Ft 2 r 0y i32' AYE. COO C O e n\O a � sO © q I� O ✓. n O e n _I 4.1` - w q /a=/00G p O •, •. N , Y " LOT/ Lor/ 217. Z 4l1 P.M. /Rs0-29 h O Z 3 2 ! ssei' zT I % O Q "'OP t0 27' �d s LOT ? O. k. 4L LOT NO. � A3 As ff)4R95 60 iao.02' 114 9[qs' 6 . ro,• p� IT'I b L/7,42' P ' TRACT � "O` 2 moo' rar e,K ,/e/-e/ cor s A A A i2 0 20 BLK. 2 2 E I s a' 18 BLK F3)F 17 O24717. LOT 3 O =JO 30 ` l or3 a:' ei zo no• A �-m ao ns — BLK. D I I M LOT e 9 n 16 LOT Lor e ` 4 PAR.2 PM /30-35 A4R �� / O 15 ` � 16 � ,seas zo' Y --t A—LGae� —` lb1 zrT42 30 27• 0 15 LOT 5 ® * y e 15 LOTy 5 O F so LOT 5 Q Y 14 I I 12 ` AV. 436 Z 7G ifB.Ge'. AtB:Gs' HI' ise" 'sa"� 70' ioz' Rio' . 2 ALL£Y a Fl 22 , RZ.t�• • MARCH 1979 NOTE-ASSESSOR'S BLOCK E ASSESSOR'S MAP TRACT NO, 436 M.A!, 16-28 PARCEL NUMBERS BOOK 165 PAGE 28 TRACT NO. 10485 M.M 449-34,35,36 SHOWN IN CIRCLES COUNTY OF ORANGE CD PARCEL MAP PM 130-35 STATE OF CALIFORNIA Res. No. 5967 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 19th day of December 1988 by the following vote: AYES: Councilmembers: (Allister„ Green, Winchell , Bannister, Mays, Silva, Erskine NOES: Councilmembers: None ABSENT: Councilmembers: None City er an ex-officio Clerk of the City Council of the City of Huntington Beach, California 5967 Recording requested by: City of Huntington Beach. This document is solely for the After recording return to: !EXEMPTofficial bigsiness of the City Otf,y, OF HUN11NGTO.N BEACH �1 of Huntington Beach, as contem- OFflce cf the City Clerk plated under CovOrnment Code P. O. Box 190 Sea. 6103 and should be recorded HtMngkon Beach, Calif. 926Af3 RESOLUTION NO. 5967 free of eharge. 88-6T 18T5A 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 ELM STREET SOUTH OF CYPRESS AVENUE WHEREAS, on November 21 , 1988 , the City Council of the City of Huntington Beach duly adopted Resolution No . 5947 declaring its intention to vacate an easement for public street purposes over a portion of Elm Street , located south of Cypress Avenue, 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 December 19 , 1988 , at the hour of 7 : 30 p.m. , or, as soon thereaftcr s 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 Elm 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 19 , 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 Elm Street , south of Cypress Avenue, at which time no objection was made to said vacation, and evidence was presented showing that -1- 5967 i 88-671 M such easement is not necessary for present or prospective public use and is not suitable for use or development as bicycle paths or routes . NOW, THEREFORE , the City Council of the City of Huntington Beach, pursuant to Division 9 , Para 3, Chapter 3 of the California Streets and Highways Code , commencing with section 8320, does resolve that an easement for public street purposes over a portion of Elm Street , generally located south of Cypress Avenue, is not necessary for present or prospective 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 Elm Street , south of Cypress Avenue , is hereby Vacated; and that such easement so vacated is more particularly described as follows : 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 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 -2- 5967 J 88-67I875 telephone lines , railroad lines, and for the transportation or distribution of electrical 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 Elm Street . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held the 19th day of December 1988 . Mayor ATTEST: APPROVED AS TO FORM: Ci y Clerk 2 -6- JT City Attorney REVIEWED AND APPROVED INITIATED AND APPROVED : City Administrator Director of Public Works sg -3- 5967 U-) co ti THIS MAP WAS PREPARED FOR ORANGE COUNT• ASSESSOR DEPT PURPOSES ONLY THE ASSESSOr 165-2. MAKES NO GUARANTEE AS TO ITS ACCURACN 10T ^ ASSUMES ANY LIABILITY FOR OTHER USES NOT L'J TO BE REPRODUCED ALL RKtHTS.#SERVED COPYRIGHT ORANGE COUNTY ASSESSOR 19M coco _* 36 CYPRESS s s __ w 4 p 9 Q a AVENUE N ry N G2" 23 9iG.9o' l2 fa � af' .• .. .. .. 4f 66 ?, 7t' P ; A nG A QQ CYPRESS TRACT ., AVE. .I o s� �O O O O O ,O .0 O tO O .V �� /,,:/0. M W h i n a °c W ` LOT/ l,V LOT/ 1 sr.er -zT. PM. /60-29 ^ Q 2.127 �b) O ' 8. LOT 2 O a: LOT 2 O 60. NO. rah0X' 1(95 3 u rzo or' 5.4 it 4e' 6 Li 7.s.2' p'r!3 ts' 7J.s,. /a 7' TRACT 13 PA, -4, _ m CV 30 ^ r LOT 3 zo BLK. 2 2 E 9 n ie 9LK 83 F @ m $f 7,/7. LOT 3 V/O �.JO JO / F LOT 3Si I2a 4 1_ i9i 26 W. BLK D I I LOT 4 S 14 SO, m O LOT` 4 -� PAR.2 M /30-35 PAR/ Z L0T 4 n 16 P t5 16 k 12 2iT~z k JO 2i i!e' 50 ?3712' W°� /10 LOt 5 O ° , � � IS COT 5 10 e � 15 LOTS ,3 V 13 o �, fo' so' Q tl Jo' rle.Gt' rieca' s n1' rsa 14. ZioAV. asOiaa436 Ja' roz' ALLEY N Q 22 � PLQ_ MARCH 1979 NOTE•ASSESSOR'S BLOCK b ASSESSOR'S MAP TRACT NO 436 M.M. /6-28 PARCEL NUMBERS BOOK 165 PAGE 28 TRACT NO. 10485 M.M. 449-34,35,36 SHOWN IN CIRCLES COUNTY OF ORANGE CD PARCEL MA P PM/30-35 40 88-��718T5 Res, No. 5967 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 19th day of December 1988 by the following vote: AYES: Councilmembers : MacAllister, Green, Winchell , Bannister, Mays, Silva, Erskine NOES: Councilmembers : None ABSENT: Councilmembers : None i ty C I erk and--'ex'-of icio C I er< of the City Council of the City of Huntington Beach, California 5967 88-671815 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 The City Council of the City of Huntington Beach does hereby 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 city ' s general plan . SECTION 2 . Pursuant to Division 9, Part 3 , Chapter 2 of the California Streets and Highways Code, commencing with 9 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, -1- .i 88-�671875 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 -2- li r 88-671875 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 refer to the adoption of 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: r City Clerk City At rney REV ED AND APPRO D • t:T E D A D PROVED f City Administrator Direc or of Public Works rf -3- L.t'7 co THIS YAP WAS PREPARED FOR ORANGE COUNT' ASSESSOR DE PT PURPOSES ONLY THE ASSESSOR 165-28 r^ MAKES NO GUARANTEE AS TO ITS ACCURAC) JOT \.i..J ASSUMES ANY LIABILITY FOR OTHER'USES NOT 1 TO BE REPRODUCED ALL RIGHTS RESERVED co COPYRIGHT ORANGE COUNTY ASSESSOR 19" V 36 ^ N ` J aCYPRESS � .p z .N AVENUE 2. p. G2 G2' 72 CYPRESS p TRACT a3 O / _/O E.aV 4F� O ` n w ` GOT/ W LOT 2 v PM. /60-29 zlY,iz $ U O Q raG.O/• za 2�• `� J ,E, O /��F p pn 3 I$ LOT 2 O .� 4C LOT 2 ^ m 70 6O. 144 OZ' 5.4 9/00' 6 NO /Pf P3/D4B5 2/7.f 2' .. ` rft sr' vt sy rer ,I m tp 'TRACT 13 +/�1 J �. `p P,M 16/-4/ ZT LOT 3 m c. I2 ' Y a o 20 ILK. 2 2 E i9 g la BLK $3 F i� m c~c 24717' LOT 3 rO Z.30 30 / a L 3 r fd fir' Lp 2. /Ja /aP )c I u BLK. D 1 a LOT 4 ' x m 14 LOT 4 O w 16 LOT` 4 � PAR 2 PM /30-35 PAR/ tec/s. � 12 Z 20 _ _/Ja8 H _ sb p- .ea 217 4L �. 30 Z]' tr" rSp 73�7 i2.' O IS LOT 5 10 I5 Lor ,5 13 00 LOTsr, I4 Q iO //� to I1 12 " � @ 436 v9s-a!' vPB Ga' S 191' /SB . so'�'� rO V xo NO. ALLEY N _.� Fl 22 � Q P. MARCH 1979 NOTE•ASSESSOR'S BLOCK 3 ASSESSOR'S MAP TRACT NO. 436 MR. /6-28 PARCEL NUMBERS BOOK 165 PAGE 28 TRACT NO. 10485 M.M. 449-34,35,36 SHOWN IN CIRCLES COUNTY OF ORANGE PARCEL MAP PM 130-35 Res , No, 5947 88-8f STATE OF CAL If-ORN IA ) COUNTY OF ORANGE CITY OF HUNTINGTON BEACH ) I , CONNIE BROCKWAY, the duly appointed, 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 88 by the following vote: AYES : Councilmembers : Kelly, Green , Finley, Erskine, Mays , Winchell , Bannister NOES : Councilmembers : None ABSENT: Councilmembers : None City Clerk and ex-offici -Clerk of the City Council of the City The foregoing instrument is a correct of Huntington Beach, California copy of the original on fib in this office. Attest /a l Zg =' CQNN�f BROCKWU RECORDED IN OFFICIAL RECORDS City Clerk and Ex-or• --, o C :;r k of the City OFORANGECOUNIY CALIFORNIA Council of the ClL.Jr of Huritington l3each, Cal. P:MO D E C 2 3 1988 By Q RECORDER