HomeMy WebLinkAboutCity Council - 6076 RESOLUTION NO. ,� 6076
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH OF INTENTION TO VACATE AN EASEMENT
FOR PUBLIC STREET PURPOSES OVER A PORTION OF
ELM STREET SOUTH OF CYPRESS AVENUE
WHEREAS, the City Council of the City of Huntington Beach
intends to vacate an easement for public street purposes over a
portion of Elm Street south of Cypress Avenue;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Huntington Beach as follows :
SECTION 1. A public meeting was held before the Planning
Commission on September 6, 1989 , at which time it was determined,
pursuant to Government Code § 65402, that the proposed vacation of
an easement for public street purposes 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 section 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 follows :
The West 4 .00 feet of the East 10 . 00 feet of the
North 54 .00 feet of Lot 4 of Block"E" of Tract
436, as shown on a map recorded in Book 16,
Page 28, Miscellaneous Maps, Records of Orange
County.
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 Elm Street containing for public
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6076
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
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, and reference is hereby made
to such maps and plans for particulars as to said proposed
vacation.
SECTION 4 . The City Council does hereby fix November 6,
1989 , 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 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
and circulated in Huntington Beach for at least two successive
weeks prior to the time set herein for the public hearing.
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6076
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 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 the
hearing, and shall refer to the adoption of this resolution of
intention, and shall include a map or plan showing the location of
the portion of the easement 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 2nc. day
of October 1989 .
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk $ e9 City Attorney
REVIEWED AND AP OVED: NITIATED A APPROVED:
Cit Administrator Director of Public Works
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6076
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MARCH 1979 NOTE-ASSESSOR'S BLOCK d ASSESSOR'S MAP
o TRACT NO. 436 M.M. /6-28
�I PARCEL NUMBERS BOOK 165 PAGE 28
rn TRACT NO. 10485 M.M. 449-34,35,36 SHOWN IN CIRCLES COUNTY OF ORANGE
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Res. No. 6076
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 2nd day
of October 19 89 by the following vote:
AYES: Councilmembers:
MacAllister, Green, Winchell , Bannister, Mays, Silva, Erskine
NOES: Councilmembers:
None
ABSENT: Councilmembers:
None
i y Clerk and ex-offino Merk
of the City Council of the City-
of Huntington Beach, California