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HomeMy WebLinkAboutCity Council - 6636 RESOLUTION NO. 6636 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 KNOXVILLE AVENUE WEST OF ALABAMA STREET. WHEREAS, on September 6, 1994, the City Council of the City of Huntington Beach adopted Resolution No. h629 declaring its intention to vacate an easement for public street purposes over a portion of Knoxville Avenue west of Alabama 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 October 3, 1994, 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 October 3, 1994, 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 Knoxville Avenue west of Alabama 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 Knoxville Avenue west of Alabama 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 Knoxville Avenue west of Alabama Street is hereby vacated, and that the section so vacated is more particularly described as follows: Being a portion of Knoxville Street, in the City of Huntington Beach, County of Orange, State of California,as shown on the Map of Vista Del Mar Tract, filed in Book 4, page 3 Miscellaneous Maps of said Orange County,more particularly described as follows: 1 6iresoVmoxv vvo8191194 Parcel 1 Beginning at the southwest corner of lot 1 of block 1101 of said Vista Del Mar Tract;thence easterly 125.00 feet along the south line of said lot 1 to the southeast corner of said lot 1;thence southerly 60.00 feet along the southerly prolongation of the westerly right-of-way line of Alabama. Street as shown on said Vista Del Mar Tract to the northwest corner of lot 12 of block 1001 of said Vista Del Mar Tract;thence westerly 125.00 feet along the north line of said lot 12 to the northwest corner of said lot 12;thence northerly 60.00 feet along the easterly line of the S.P.R.R. right-of-way as shown on said Vista Del Mar Tract to the point of beginning. Parcel 2 That portion lying northeasterly of a curve concave southwesterly and having a radius of 20.00 feet, said curve being tangent on the north to the south line of said parcel 1 and tangent on the east to the east line of said lot 12. 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 Knoxville Avenue, PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the�3rd — day of nctob&z ��, 1994. Mayor ATTEST- W APPROVED AS TO FORM: City Clerk Ldx--t� 'J City Attorney C�.4ft_g- WE APPROVED J"12--11Y NITIATED AND APPROVED: ity Administrator Di re&or&T Public Works 2 6/resoVkna)cvII 2IW11/94 6636 Res. No. 6636 STATE OF CALIFORNIA ) COUNTY OF ORANGE } ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCWAY, 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 3rd day of October, 1994, by the following vote: AYES: Councilmembers: Silva, Bauer, Robitaille, Moulton-Patterson, Winchell, Leipzig, Sullivan NOES: Councilmembers: None ABSENT: Councilmembers: None 6*tt� W4"4ft40> City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California CroSIry ��c4iY4l >_ PLEASE COMPLETE THIS INFORMATION s RECORDING REQUESTED BY: DOC # 95-0038871 30—JAN--1995 10%59 AM AND WHEN RECORDED MAIL TO: Recorded in Official Rei,ards of ©ranae County, California Garr L. Granville, Clerk—Recorder Page 1 of 4 Fees: $ 0.00 Taxes 0,11A VV THIS SPACE FOR RECORDER'S USE ONLY TITLE: Ke So /Lj/ yP 1 o F= THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) '� 1 1/92 ,REWRDING REQUESTED 'BY AND REI RN TO: -' .City-of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attn: Evelyn Schubert RESOLUTION NO. 6636 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 KNOXVILLE AVENUE WEST OF ALABAMA STREET. WHEREAS, on September G, 1994, the City Council of the City of Huntington Beach adopted Resolution No. 6629 declaring its intention to vacate an easement for public street purposes over a portion of Knoxville Avenue west of Alabama 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 October 3, 1994, 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 October 3, 1994, 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 Knoxville Avenue west of Alabama 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 Knoxville Avenue west of Alabama 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 Knoxville Avenue west of Alabama Street is hereby vacated; and that the section so vacated is more particularly described as follows: Being a portion of Knoxville Street, in the City of Huntington Beach, County of Orange, State of California, as shown on the Map of Vista Del Mar Tract, filed in Book 4,page 3 Miscellaneous Maps of said Orange County, more particularly described as follows: this document is solely for the official business of the City of Huntington Beach, as contem- plated under Government Code 6hewVknoxvi1112Mi1194 Sec. 6103 and should be recorded free of char!ce. i Parcel 1 Beginning at the southwest corner of ]ot 1 of block 1101 of said Vista Del Mar Tract;thence easterly 125.00 feet along the south line of said lot 1 to the southeast corner of said lot 1; thence southerly 60.00 feet along the southerly prolongation of the westerly right-of-way line of Alabama Street as shown on said Vista Del Mar Tract to the northwest comer of ]At 12 of block 1001 of said Vista Del Mar Tract;thence westerly 125.00 feet along the north line of said lot 12 to the northwest corner of said lot 12;thence northerly 60.00 feet along the easterly line of the S.P.R.R. right-of-way as shown on said Vista Del Mar Tract to the point of beginning. Parcel 2 That portion lying northeasterly of a curve concave southwesterly and having a radius of 20,00 feet, said curve being tangent on the north to the south lute of said parcel 1 and tangent on the east to the east line of said lot 12. 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 Knoxville Avenue, PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the 3rd day of Qfttnhpr 1994. .�,.. eq Mayor ATTEST* APPROVED AS TO FORM: City Clerk City Attorney ftEYMD-AUDAPPROVED S-R-IV NITIATED AND APPROVED: City Administrator yz� Director;0 Public Works 2 ShesoUknorAIII21=11/94 Res. No. 6636 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 3rd day of October, 1994, by the following vote: AYES: Councilmembers: Silva, Bauer, Robitaille, Moulton-Patterson, Winchell, Leipzig, Sullivan NOES: Councilmembers: None ABSENT: Councilmembers: - None 6*nz# 0151 City Clerk and ex-officio Clerk of the City Council of the City The foregoing instrument is' a `correct of Huntington Beach, California copy of the original on fife in this office. Attest City Clerk and Ex-officio Clerk of the City Council of the City of Huntington Beach, California. sy --Deputy