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HomeMy WebLinkAboutCity Council - 6294 RESOLUTION NO. 6294 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 ASH STREET SOUTH OF CYPRESS AVENUE. WHEREAS, on May 20, 1991, the City Council of the City of Huntington Beach adopted Resolution No. 6279 declaring its intention to vacate an easement for public street purposes over a portion of Ash Street south of Cypress Avenue, and referring to maps and 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 June 17, 1991, 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 posed 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 June 17, 1991, 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 Ash Street south of Cypress Avenue, at which time no acceptable objection was made to said vacation, and evidence was presented 1 showing that said easement is not necessary for present or prospective public uses 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 Ash 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 Ash Street south of Cypress Avenue is hereby vacated; and that the section so vacated is more particularly described as follows ; The East 3 . 00 feet of the West 10 . 00 feet of the South 96 . 00 feet of the West half of Lot 3 and the East 3 . 00 feet of the West 10 . 00 of the North 4 . 00 feet of the West half 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 Ash Street containing for public street purposes the easement proposed to be vacated, and pursuant to any existing franchises or renewals thereof, or 2 6294 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, 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 Ash Street . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the_ 17th day of June 1991. ay ATTE T: APPROVED AS TO FORM: City Clerk Attorne (Avil E AND APP VED• ITIATED A D PPRO ED: r , City Admini ator Director of Public Works 3 6294- THIS YAP WAS PREPAREA FOR ORANGE COUNT' ASSES90R OEPT,PURPOSES".THE ASSESSOP 165-28 NUKES NO GUARANTEE AS TO ITS ACCURACY:FOR ASSUMES ANY LIABRJTY FOR OTHER USES NOT - - TO 9E REPROOUCEG.ALL RIGHTS aESERVEO. COPYRIGHT ORANGE COUNTY ASSESSOR 19M. 36 ti CYPRESS —a — AVENUE Pz 1 TRACT" � k 1�7 1 C4) f�R 1 3a' CYPRESS n A c 2 54 �/ �+L, O 2 'r D ^ O w f n_ r VE. ohnOh O �Oa ��ll LOTF 141 17" ITV PI' iS'2T' � V LO>- 2 l'J � 46 6�. LOT 2 60. /eP-az' S 4 f✓Qe' F NO 10465 la lf3 rs' r?3.Ss' G'p. f6Y ]T'I r TRACT p �181 4j tara m cV 13 O m x I? 18 BLK. 2 E I s s BLK $3 F 17 w 12 LOT s L 3 r O $ a zb7 ./7' /40' 30 _J1.7�_�� Isr' 2T I36' 144' /�s.srr' .sa.Tar- u sT To BLIP. D I I n / H LOT 4 IA} 16 LOTL 4 - � PA,?, M 130-35 PAR.I LOT 41 /9J ss- /SrgGis' ml .+ P.M. IZ 249-38Y 1 � .&A 'T�`, L TO 2x' M Jf8' yp I R 2DT.42' 11, r Lars d 'm 15 LOT 5 IQ w a 15 LOTS .5 13 s 19 P n 14 NO. 13 436 30 l9e.GI' /BS,fi4 51' 19 i' /58 r }a'a' i6' Ii1' E3742' 34 /02' - ALLEY '° �J y 22 k THIS MAP WAS PREPARED FOR ORANGE COUNTY ASSESSOR DEPT.PURPOSES ONLY T,Q• THE ASSESSOR MAKES NO GUARANTEE AS TO ITS ACCURACY NOR ASSUMES ANY LIABILITY FOR OTHER USES.NOT TO BE REPRODUCED. ALL RIGHTS RESERVED, @COPYRIGHT ORANGE COUNTY ASSESSOR]990 MARCH 1979 NOTE-ASSESSOR'S BLOCK d ASSESSOR'S MAP TRACT N0 436 M.M. 16-28 PARCEL NUMBERS 804 165 PAGE 28 TRACT N0. 10485 M.M 449-34,35,36 SHOWN IN CIRCLES " COUNTY OF ORANGE PARCEL MAP PM.130-35 RECORDED INOFFIC{ALRECORDS of ORANGE CpUN1Y.0 AL1F0MIA 100 p.m. JUL 18 1991 EXEMPT � Q. ,�gECORDER - -CS eco'-ding requested by: City of Huntington B,;ach Return to: Office of the City Clerk, City of Huntington Beach Tb.ia document is solely for the 2000 Main Street, Huntington Beach, CA 92646 official business of the City of R=tington as contom- plated under Goerrment Code SOO. 6= and abould be recorde EXEMPT DOFt RESOLUTION N0. 6294 tree of charge, C8 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 ASH STREET SOUTH OF CYPRESS AVENUE. WHEREAS, on May 20, 1991, the City Council of the City of . _ u a Huntington Beach adopted Resolution No. 6279 declaring its b L o intention to vacate an easement for public street purposes over a portion a of Ash Street south of� p Cypress Avenue, and referring u to maps and plans on file in the office of the City Clerk for �41 particulars as to the proposed vacation; and e . > Said resolution fixed the time and place of June 17, 1991, a 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, 0 o for hearing all persons interested in or objecting to the � proposed vacation, which time was not less than fifteen (15) yr " days from the passage of this resolution. Notices of vacation Cr d c $-01 were posed conspicuously along the easement section proposed A N for vacation, and such notices were posted not more than three m r m hundred (300) feet apart and at least three (3) were posted. � c On June 17, 1991, at the hour of 7:00 P.M. , in the Council Lw o as Chambers in the Civic Center, the City Council of the City of m 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 Ash Street south of Cypress Avenue, at which time no acceptable objection was made to said vacation, and evidence was presented RECORDED IN OFFICIAL RECORDS 1 OF ORANGE COLItM.CALIFORNIA 6294 p:M0 JUN 2 6 1991 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 lanes, 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, 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 Ash Street. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the i7th day of June 1991. ay ATTE T: APPROVED AS TO FORM: &W44 4&44aw� City Clerk ,,City Attorney a .(Asck) AND A ED• ITIATED A D PPR Q D: ' q-)v City Admini ator Director of Public Works 3 6294 Res. No. 6294 STATE OF CALIFORNIA COUNTY OF ORANGE ss: CITY OF HUNT I NGTON BEACK ) I , CONNI£ 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 17th day of June 19 91 , by the following vote: AYES: Councilmembers: Winchell , Silva, Green, Kelly, Robitaille, Moulton-Patterson NOES: Councilmembers: None ABSENT Councilmembers: MacAllister City LlerR and ex-Dtt1t&10 Clerk of the City Council of the City of Huntington Beach, California The foregoing instrument is a correct Copy of the original on filz ii,,tl)is of ;,e. Attest L - .2 r City tONNIE BRO C lEr.t; Cii i.', t;,.._.: l[ii; Council of te Cal. . By y -4�rLe_De-puty RESOLUTION NO. 6279 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 ASH 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 April 2, 1991, at which time it was determined, pursuant to Government Code Section 65402, that the proposed vacation of an easement for public street purposes over a portion of Ash 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 Ash Street, south of Cypress Street, more particularly described as follows: The East 3 . 00 feet of the West 10. 00 feet of the South 96 . 00 feet of the West half of Lot 3 and the East 3 . 00 feet of the West 10 . 00 feet of the North 4 . 00 feet of the West half 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 1 exhibit to Res. 6294 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. 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 20th day of May 19 91. Mayor ATTEST: APPROVED AS TO FORM: City Clerk Ci;t� Attorney r REVIEWED AND APPROVED: IN TIATED APPROVED: Adminis a Director of Public Works '5-1—'� l 62 exhibit to Res. 94 Res. No. 6279 STATE OF CALIFORNIA COUNTY OF OP;ANGE s s: CITY OF HUNTINGTON BEACH � I, CONNIE BROCKWAY, the duly elected, qualified City Cleric 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 t-he foregoing resolution was passed and adapted 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 20th day of May 19 91�, by the following vote: _ AYES: CounciImembers: MacAllister, Wincheil , Silva, Green, Kelly, Robitaille, Moulton-Patterson NOES: Councilmembers: None ABSENT: Counci I members: None City Llerk and ex-o lcio er The foregoing instrument is a correct of the City Council of the City g g of Huntington Beach, California copy of the originell en fIle In t cf . Attest - - '� s --- a ;U CONNIE_RMCKW4)! ___.____ City Cler Council of the Ciiy of tillu lL'iitz:1'Lnr3'71.:ch' Cal. By. .. ACM c Deputy exhibit to Res�294 STATE OF CALIFORNIA Reso No. 6294 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 17th day of dine ^�, 19 91 , by the following vote: AYES: Councilmembers: Winchell , Silva, Green, Kelly, Robitaille, Moulton-Patterson NOES: Councilmembers: None ABSENT: Councilmembers: MacAllister City Clerk and ex-o i . o er of the City Council of the City of Huntington Beach, California