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HomeMy WebLinkAboutCity Council - 6359 RESOLUTION NO. 6359 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE VACATION OF AN EASEMENT FOR PUBLIC STREET PURPOSES OVER THE ALLEY WITHIN IN TRACT NO. 5322 LOCATED TO THE WEST OF BELL CIRCLE WHEREAS, on March 16, 1992, the City Council of the City of Huntington Beach duly adopted Resolution No. 6356 declaring its intention to vacate an easement for public street purposes over the alley within Tract No. 5322, located to the west of Bell Circle, 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 April 6, 1992, at the hour of 7 : 00 p.m. , or as soon thereafter as the matter could be heard, in the Council Chamber 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; and On April 6, 1992, 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 the alley in Tract No . 5322 , located to the west of Bell Circle, at which time no acceptable objection was made to said vacation, and evidence was -1- presented showing that said 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 does hereby resolve as follows: 1. Pursuant to Division 9, Part 3, Chapter 3 of the California Streets and Highways Code, commencing with section 8320, the easement for public street purposes ❑ver the alley in Tract No. 5322, located to the west of Bell Circle, is not necessary for present or prospective public use, and is not suitable for use or development as bicycle paths or routes . 2. It is hereby ordered that the easement for public street purposes over the alley in Tract No. 5322, located to the west of Bell Circle, is hereby vacated; and that the section so vacated is more particularly described as follows : Legal Description In the City of Huntington Beach, County of Orange, State of California, that certain 20.00 foot alley, being a portion of Tract No . 5322 , as shown on a map recorded in Book 199 , Pages 24 and 25 of Miscellaneous Maps, Records of Orange County, more particularly described as follows: Beginning at the northwesterly corner of said Tract No. 5322; thence along the northerly line of said Tract No. 5322 North 890 09 ' 45" East 30.00 feet to an angle point in the boundary line of Lot 5 of said Tract No. 5322; thence along said boundary line and the boundary line of Lots 4 , 3, and 2, South 440 12 ' 30" West 14 . 15 feet, South 00 44 ' 45" East 282 .71 feet, South 450 45 ' 06" East 14 . 14 feet and North 89* 14 ' 32" East 76 . 80 feet to the westerly line of Bell Circle as shown on said map; thence in a direct line southeasterly to the northeasterly corner of Lot 1 of said Tract No. 5322; thence along the northerly line of said Lot 1 South 890 14 ' 32" West 91.99 feet to the westerly line of said Tract No. 5322; thence along last said westerly line North 00 44 ' 45" West 322 . 69 feet to the POINT OF BEGINNING. -2- 6359 i 3 . 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 said alley 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, wood growth, and otherwise protect same from all hazards in, upon and over the easement for public street purposes proposed to be vacated in Tract No. 5322 . -3- 6359 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 April 1992. Mayor ATTEST: APPROVED AS TO FORM: City Clerk a City Att ey REVIEWED AND APPROVED: I ITIATED AN APPRO D: C', Administ"tor Direc r of Public Works -4- 6359 9272Z6003 RECORI)ED fN OFFICIAL R4C4RDS r OF ORANGE COUNTY.CALIFORNjA E�c 4:00 APR - 9 1992 RA i a.C194,2*V Ew RFCOROEit TY Recording requested by: City of Huntington Beach and return to 2000 Main Street Huntington Beach, CA 92648 RESOLUTION NO. 6359 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE VACATION OF AN EASEMENT FOR PUBLIC STREET PURPOSES OVER THE ALLEY WITHIN IN TRACT NO. 5322 LOCATED TO THE WEST OF SELL CIRCLE WHEREAS, on March 16, 1992, the City Council of the City of Huntington Beach duly adopted Resolution No. 6356 declaring its intention to vacate an easement for public street purposes over the alley within Tract No. 5322, located to the west of Bell Circle, 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 April 6, 1992, at the hour of 7:00 p.m. , or as soon thereafter as the matter could be heard, in the Council Chamber 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; and On April 6, 1992, 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 the alley in Tract No. 5322, located to the west of Bell Circle, at which time no acceptable objection was made to said vacation, and evidence was Shts ly forIn City t ae 6359 3. 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 ano appurtenant structures in, upon, over and across that portion of said alley 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, wood growth, and otherwise protect same from all hazards in, upon and over the easement for public street purposes proposed to be vacated in Tract No. 5322. -3- 6359 Res. No. 6359 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 6th day of April 19__, by the following vote: AYES: Councilmembers: Robitaille, Moulton-Patterson, Winchell, Silva, Green, MacAllister.Kelly NOES: Councilmembers: None ABSENT: Councilmembers: None city Cie nd ex-o ici er of the City Council of the City of Huntington Beach, California F��a RESOLUTION NO. 6356 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH PROVIDING NOTICE OF INTENTION TO VACATE AN EASEMENT FOR PUBLIC RIGHT OF WAY PURPOSES OVER AN ALLEY WITHIN TRACT NO. 5322 LOCATED TO THE WEST OF BELL CIRCLE WHEREAS, thg City of Huntington Beach owns an easement for public right of way purposes over the real property generally described as the alley in Tract No. 5322, to the west of Bell Circle in the City of Huntington Beach; and The City Council proposes to vacate said easement; and On January 22, 1992, a public meeting was held before the Planning Commission, at which time it was determined, pursuant to California Cove nment Code Section 65402, that the proposed vacation of the easement described herein conformed to the City' s General Plan, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. Pursuant to Division 9, Part 3, Chapter 2 of the California Streets and Hi. hways Cone, commencing with Section 8320, the City Council of the City of Huntington Beach hereby declares its intention to vacate an easement over the alley in Tract No. 5322, to the west of Bell Circle more particularly described as follows: --l- 6359 2. 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. 3 . The City Council does hereby fix April 6, 1992, 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. 4 . 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 i prior to the time set herein for the public hearing. 5 . 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 no 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 -3- 635q POR. 5,112, S.E. 114, S.E.114, SEC 26,T6S.,R.//W. 165- 18 30 ALLCY 771 TR.4C r 7"RAC !(B 101-1 ID Zi .9-44 G J 0 C I a- t I• loo, 02r, I n66 i ....... 05 0 037. 012) 41 T- :�j 834 C�o (j�3 �o 81,-g IAA Ave 3s Ud ';!A,'?Cif i914 7frACT NO, 5-W2 ,V Al. 19-9 24, 2.5 ur I Ass; -RACT A'O, 8/39 -V. '11. 328 15, 16 Res. No. 6359 STATE OF CALIFORNIA COUNTY OF ORANGE ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROC KWAY, 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 April �, 19__22_, by the following vote: AYES: Councilmembers: Robitaille Moulton-Patterson Winchell Silva G y NOES: Councilmembers: None ABSENT: Councilmembers: None My- er an ex-officIVUlerk of the City Council of the City of Huntington Beach, California