HomeMy WebLinkAboutCity Council - 6079 RESOLUTION NO. 6079
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 October 2, 1989, the City Council of the City of
Huntington Beach duly adopted Resolution No. 6076 declaring its
intention to vacate an easement for public street purposes over
a portion of Elm Street south of Cypress Avenue, and referring
to maps and plans on file in the office of the City Clerk for
particulars as to proposed vacation; and
Said resolution fixed the time and place of November 6,
1989 , 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 section proposed
for vacation, and such notices were posted not more than three
hundred (300) feet apart and at least three (3) were posted.
On November 6, 1989, 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
said easement is not necessary for present or prospective public
-1-
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 the easement for public street purposes
over a portion of Elm Street 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 the section so vacated is 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 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
-2-
6079
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 an adjourned, regular meeting thereof held
on the 6th day of November, 1989 .
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney AA
REVIEWED AND APP VED: I ITIATED AND PROVED:
City Administrator Director f Public Works
-3-
6079
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o TRACT NO. 436 M.M. /6-28 PARCEL NUMBERS BOOK 165 PAGE 28 +
J TRACT NO. /0485 M.M 449-34,35,36
�q SHOWN IN CIRCLES COUNTY OF ORANGE ti
� PARCEL MAP P.M 130-35 ,�� �
Res. No. 6079
STATE OF CALIFORNIA
COUNTY OF ORANGE 3 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 6th day
Of November 19 89 -, by the following vote;
AYES Councilmembers:
MacAllister, Green, Winchell, Bannister, Silva, Erskine
NOES: Councilmembers
None
ABSENT: Councilmembers:
Mays (out of room)
y Clerk ana ex-otfici erk
of the.City Council of the City
of Huntington Beach, California
RECORDED IN OFFICIAL RECORDS
OFORANGECOUNTY,CALIFORNIA
4:00
PNt Novi 3 1989
EXEMPT Q V3uwd,Recorder
C8
Recording requested by & return to: ThiS, documert is solely for he
City of Huntington Beach official rusi_oss of the City
2000 Main Street of Huntia-tor 'each, as 4ontem-
Huntington Beach, CA 92648 plated u� - ee,,e:nment Code
Sec. 6103 and should be recorded
free of eharge.
RESOLUTION NO. 6079
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 October 2, 1989, the City Council of the City of
Huntington Beach duly adopted Resolution No. 6076 declaring its
intention to vacate an easement for public street purposes over
a portion of Elm Street south of Cypress Avenue, and referring
to maps and plans on file in the office of the City Clerk for
particulars as to proposed vacation; and
Said resolution fixed the time and place of November 6,
1989, 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 section proposed
for vacation, and such notices were posted not: more than three
hundred (300) feet apart and at least three (3) were posted .
On November 6, 1,989, 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 o,f__Elm
Street south of Cypress Avenue, at which time no objection was
made to said vacation, and evidence was presented showing that
said easement is not necessary for present or prospective public
-1-
6079
89-� iII12
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 the easement for public street purposes
over a portion of Elm Street 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 the section so vacated is 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 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
-2-
i
89-611112
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 an adjourned , regular meeting thereof held
on the 6th day of November , 1989 .
Mayor
ATTEST : APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APP VED : INITIATED AND PROVED :
City Administrator Director f Public Works
1 a --IS Cl) — 8
_3 6079
No, 6079
89-SI1Il �
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
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 6th day
of November , 19 89 by the following vote:
AYES: Councilmembers
MacAllister, Green , Wi nchel l
NOES: Councilmembers :
None -- --- ----- -- — ---
ABSENT: Councilmembers :
Mks (out of room) -----
City Clerk and ex-officio erk
of the City Council of the City
of Huntington Beach, California
6079
1.65-28
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MARCH 1979 NOTE•ASSESSOR'S BLOCK d ASSESSOR'S MAP
o TRACT NO. 436 M.M 16-28 PARCEL NUMBERS KOOK 165 PAGE 28
TRACT NO. 10485 N M 449-34,35,36 SHOWN IN CIRCLES COUNTY OF ORANGE
PARCEL MAP PM 130-35 �
89-611112
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 S 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
1 _ exhibit to Res. 6079
6076
89--611 ! l '
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 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 p public hearing.
2 _ exhibit to Res. 6079
6076
89=611I12
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 2nd day
of October 1989 .
- Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney,
REVIEWED AND AP OVED: NITIATED A APPROVED:
Cit Administrator Director of Public Works
gC,
- -
exhibit to Res. 6079,
3
6076
•n1W17• Z%'t11NOE C7UsTY
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ft MARCH 1979 NOTE•ASSESSOR'S BLOCK d ASSESSOR'S MAP
O TRACT NO. 436 M.M. /6-2B PARCEL NUMBERS BOOK 165 PAGE 28
;d TRACT NO. 10485 M.M. 449-34,35,36
SHOWN IN CIRCLES COUNTY OF ORANGE
N PARCEL MA P PM/30-35
0
J
89611112
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 Ci-ty 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
j MacAllister, Green, Winchell , Bannister, Mays, Silva, Erskine
NOES: Councilmembers:
None
ABSENT: Councilmembers:
None
l y 'ClerR and ex-offim Clerk
The foregoing instrument is a correct of the City Council of the City
copy of the original on file in thils off i—e. of Huntington Beach, California
Attest
CONNIE BR_OCKWAY
City Cie,IC :1 ;�'s.City
.l Via`+.�lv aJ{
Council of ktiie ""'ilkyoi Huntington Beach,
Ca i. -
Deputy
exhibit to Res. 6079
No, 6079
89-611112
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
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 6th day
of November 19 89 by the following vote:
AYES : Councilmembers :
MacAllister, Green, Wincheil , Bannister, Si rskine____V___
NOES: Councilmembers
None -- - -- -- — —---
ABSENT: Councilmembers :
Mks (out of roomy
City Clerk and ex.-officio erk
of the City Council of the City
of Huntington Beach , California