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HomeMy WebLinkAboutCity Council - 6543 RESOLUTION NO. 5543 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 HUNTINGTON STREET NORTH OF MAIN STREET WHEREAS, on October 4, 1993, the City Council of the City of Huntington Beach adopted Resolution No. 6525 declaring its intention to vacate an easement for public street purposes over a portion of Huntington Street north of Main Street, 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 November 1, 1993, 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 1, 1993, 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 Huntington Street north of Main Street, at which time no acceptable objection was made to said vacation, and evidence was presented showing that said easement is not necessary for present or prospective public uses and its 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 Huntington Street north of Main Street, 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 Huntington Street north of Main Street is hereby vacated; and that the section so vacated is more particularly described as follows: That portion of Huntington Street(formerly Huntington Avenue)of Tract No. 7 in the City of Huntington Beach in the County of Orange, State of California, as shown on a map filed in Book 9,page 8 of Miscellaneous Maps in the office of the County Recorder of said county, described as follows: 1 WresoWachunt/UMSM4 6543 Beginning at the southwest corner of Parcel 1 as shown on a map filed in Book 132,pages 35 and 36 of parcel maps in office of the County Recorder of said county, said corner being a point on the centerline of said Huntington Street, said corner also being on the westerly line of Tract No. 8192 as shown on a reap filed in Book 342 pages 32 through 34,inclusive, of said Miscellaneous Maps; thence S. 0016'54'V. 50.89 feet along said westerly line and said centerline to the southwest comer of said tract;thence S.011935"W. 309.91 feet along said centerline to a point on the westerly prolongation of northerly line of Lot C of Tract No. 10512 as shown on a map filed in Book 449,pages 7 through 11, inclusive of said Miscellaneous Maps;thence 5.89°40'25"E: 30.00 feet along said prolongation to the easterly line of said Huntington Street;thence S. 00 19'35"W. 380.16 feet along said easterly line to a point of cusp with a curve concave southwesterly having a radius of 46.00 feet;thence northwesterly and westerly 86.48 feet along said curve through a central angle of 107°43'08"to the westerly line of said Huntington Street; thence nontangent from said curve,N. 0°19'35"E. 697.15 feet along said westerly line to the southerly line of said Parcel 1;thence S. 89140'25"E. 29.96 feet along said southerly line to the point of beginning. 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, 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 of a portion of Huntington Street. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the 1st- ay of November , 1993. } Mayor ATTEST: APPROVE AS TO FORM: City Clerk City Attorney W '1-�$ �►4 REVIEWED AND APPROVED 7-14-1w INITIATED AND APPROVED: City ministrator DirectoOffPublic Works 2 slklresoUvachuntl07C22194 6543 `PLEASE COMPLETE THIS INFORMATION 1 RECORDING REQUESTED BY: M %.I AND WHEN RECORDED MAIL TO: ` Cf1rde4 ;'ffi1-='fe-"g ` Of 0raraa ini,.1ltY7 Clai:#nrpla Lea A. Branch, C=ty Recorder Pam i of W Tay: f , THIS SPACE FOR RECORDER'S USE ONLY TITLE: THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) b 11/92 This document is soieiy :'or gecordirig, requested by and when recorded mail to: official buziriess of the city Office of the City Clerk of Huntin',,¢on ' ea.si, as contem- City of Huntington Beach plated un6er co,.ernr.;ent Code 2000 Main Street, Huntington Beach, CA 92648 Sec. 6103 and should be recordedfree of char;-e. RESOLUTION NO. 6543 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 HUNTINGTON STREET NORTH OF MAIN STREET WHEREAS, on October 4, 1993, the City Council of the City of Huntington Beach adopted Resolution No. 6525 declaring its intention to vacate an easement for public street purposes over a portion of Huntington Street north of Main Street, and referring to maps and plans on file in the office of the City Clerk for particulars as to the proposed vacation; and o m Said resolution fixed the time and place of November 1, 1993, at the hour of 7:00 P.M., DP o or as soon thereafter as the matter could be heard, in the Council Chambers in the Civic rn o Center, for hearing all persons interested in or objecting to the proposed vacation, which time " z was not less than fifteen (15) days from the passage of this resolution. Notices of vacation z�' were posted conspicuously along the easement section proposed for vacation, and such o notices were posted not more than three hundred (300) feet apart and at least three (3) were posted. m r o On November 1, 1993, at the hour of 7:00 P.M., in the Council Chambers in the Civic o, Center, the City Council of the City of Huntington Beach did convene for the purpose of n hearing all persons interested in or objecting to the proposed vacation of an easement for public street purposes over a portion of Huntington Street north of Main Street, at which time n n no acceptable objection was made to said vacation, and evidence was presented showing that � T said easement is not necessary for present or prospective public uses and its not suitable for use or development as bicycle paths or routes. o-A z � NOW, THEREFORE, the City Council of the City of Huntington Beach, pursuant to 0 Division 9, Part 3, Chapter 3 of the California Streets and Highways Code, commencing with o Section 8320, does resolve that the easement for public street purposes over a portion of Huntington Street north of Main Street, 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 Huntington Street north of Main Street is hereby vacated; and that the section so vacated is more particularly described as follows: That portion of Huntington Street(formerly Huntington Avenue) of Tract No. 7 in the City of Huntington Beach in the County of Orange, State of California, as shown on a map filed in Book 9, page 8 of Miscellaneous Maps in the o#1"iice of the County Recorder of said county,described as follows: 1 WresoWwhunVOMM4 r ti Beginning at the southwest corner of Parcel 1 as shown on a map filed in Book 132,pages 35 and 36 of parcel maps in office of the County Recorder of said county, said corner being a point on the centerline of said Huntington Street, said corner also being on the westerly line of Tract No. 8192 as shown on a map filed in Book 342 pages 32 through 34,inclusive, of said Miscellaneous Maps; thence S. 0°16'54"W. 50.89 feet along said westerly line and said centerline to the southwest comer of said tract;thence S.0°19'35"W. 309.91 feet along said centerline to a point on the westerly prolongation of northerly line of Lot C of Tract No. 10512 as shown on a map filed in Book 449,pages 7 through 11, inclusive of said Miscellaneous Maps;thence S.89°40'25"E. 30.00 feet along said prolongation to the easterly line of said Huntington Street;thence S. 0019'35"W. 380.16 feet along said easterly line to a point of cusp with a curve concave southwesterly having a radius of 46.00 feet;thence northwesterly and westerly 86.48 feet along said curve through a central angle of 107°43'08"to the westerly line of said Huntington Street; thence nontangent from said curve,N. 0°19'35"E. 697.15 feet along said westerly line to the southerly line of said Parcel 1;thence S. 89°40'25"E. 29.96 feet along said southerly line to the point of beginning. 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, 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 of a portion of Huntington Street. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the 1st- day of November , 1993. Mayor ATTEST: • APPROVE AS TO FORM: City Clerk City Attomey Woj:� REVIEWED AND APPROVED INITIATED AND APPROVED: City Aministrator L -zz Director Public Works 2 6/WresoVvachunV07r22194 1 ' t i l Res. No. 6543 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 1 day Of November 19 93 by the following vote: AYES: Councilmembers: Robitaille, Bauer, Moulton-Patterson Winchell Silva Sullivan g NOES: Councilmembers: None ABSENT: Councilmembers: None is a correct (A Ty- MR and ex-o M er #oretoing instrument ottice. of the City Council of the, City The on inai on #ite is this Copy of the g � 19 of Huntington Beach, California Attest ROCKW PI Gp�y�tiE Cierk ai the uny Ext ota and Ex otti;i° unt�c►g►�r '6eact4 Councyl of tt�e City °` Caii#orni . peputY 8y 4. RESOLUTION NO. 6525 i 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 HUNTINGTON STREET NORTH OF MAIN STREET 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 August 3, 1993, 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 Huntington Street, north of Main Street, 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 Huntington Street, north of Main Street, more particularly described as follows : That portion of Huntington Street (formerly Huntington Avenue) of Tract No . 7 in the City of Huntington Beach, County of Orange, State of California, as shown on a map filed in Book 9 , page 9 of Miscellaneous Maps , in the office of the County Recorder of said county, more particularly described as follows : AJF436 1 Beginning at the southeast corner of Parcel 1 as shown on a map filed in Book 132, pages 35 and 36 of parcel maps in the office of the County Recorder of said County, said corner being a point on the centerline of said Huntington Street, said corner also being on the westerly line of Tract No. 8192 as shown on a map filed in Book 342 pages 32 through 34, inclusive, of said Miscellaneous Maps; thence 5. 0*16 ' 54"W. 50 .89 feet along said westerly line and said centerline to the southwest corner of said tract; thence S. 0019 ' 35"W. 309 . 91 feet along said centerline to a point on the westerly prolongation of northerly line of Lot C of Tract No. 10512 as shown on a map filed in Book 449 , pages 7 through 11, inclusive of said `. Miscellaneous Maps; thence 5.0019 ' 35"W. 380 . 16 feet along said easterly line to a point of cusp with a curve concave southwesterly having a radius of 46 . 00 E feet; thence northwesterly and westerly 86 .48 feet f. r along said curve through a central angle of 107°43 ' 08" to the westerly line of said Huntington Street; thence nontangent from said curve, N.O. 019 ' 35"E. 697. 15 feet along said westerly line to the southerly line of said E Parcel; thence 5. 89040 ' 25"E. 29 .96 feet along said V southerly line to the point of beginning of Beginning. The city hereby reserves and excepts from the vacation a i permanent easement and right at any time or from time to time, to construct, maintain, operate, replace, remove and renew water mains and appurtenant structures in, upon, over and i across that portion of Huntington Street 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, and for the transportation or distribution of electric energy, petroleum and its products, water, and incidental purposes, AJF436 2 I 6525 i including - access and h right to k the property free from the g keep P P tY I� flammable materials, and wood growth, and otherwise protect the same from all hazards in, upon and over that portion of ` Huntington Street to be vacated. SECTION 3 . The City Clerk is directed to maintain on file i in the office of the City Clerk maps or plans showing the i particulars of the proposed vacation for street purposes of a portion of Huntington Street, north of Main Street, and E reference is hereby made to such maps and plans for particulars i as to said proposed vacation. SECTION 4 . The City Council does hereby fix November 1, 1993, 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 t 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. SECTION 6. The Director of Public Works is directed to Post, or cause to be posted, notices of vacation conspicuously i 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 i i r AJF436 3 6525 i the 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 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 4th day of October 1993 . F Mayor ATM; APPROVED AS TO FORM: yy City Clerk -)-jp—,-ja,City Attorney CRi� REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Director of Public Works AJF436 4 i 6525 _ I'F f I Res. No. 6525 ii. _ I I. STATE OF CALIFORNIA COUNTY OF ORANGE ss: CITY OF HUNTINGTON BEACH I, CONNIE BROCKWAY, the duly elected, qualified City i Clerk of the City of Huntington Beach, and ex-officio Clerk of the 4 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 4th _ day of October 19 U3 , by the following vote: AYES: Councilmembers: Robitai]le B?L 1r, Main-]�d p $(�n K Wi nrhP 1] fi i i va fit 1 tt r� 7�; �;g NOES: Councilmembers: None ABSENT: Councilmembers: None Lity Clerk and ex-otficW Clerk The foregoing instrument is a correct of the Ci ty Counci 1 of the- Ci ty copy of the original on file in this office. of Huntington Beach, California Attest 19 CONNIE BRO}CKWAY City Clerk and Ex-officie Clerk of the City -Coundl of the City of Huntington Beach, By Y Res. No. 6543 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 1st day Of November , 19 93 by the following vote: AYES: Councilmembers: Robitaille, Bauer, Moulton-Patterson, winchell, Silva, SuIlivan,_ Leip.zig NOES: Councilmembers: None ABSENT: Councilmembers: None i y er ana ex-o cl er of the City Council of the- City of Huntington Beach, California 6543