HomeMy WebLinkAboutCity Council - 96-89 RESOLUTION NO. 9 6-8 9
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 CONSTANTINE DRIVE
EAST OF BEACH BOULEVARD
WHEREAS, on September 3, 1996, the City Council of the City of Huntington Beach
adopted Resolution No. 9 6-7 8 declaring its intention to vacate an easement for public
street purposes over a portion of Constantine Drive east of Beach Boulevard, 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 7, 1996, 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, Vhich 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 7, 1996, 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 Constantine Drive east of Beach Boulevard, 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
Constantine Drive east of Beach Boulevard, 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 Constantine
Drive east of Beach Boulevard is hereby vacated; and that the section so vacated is more
particularly described as follows:
1
3/Wresolutionlconstan218114196
BEING A PORTION OF CONSTANTINE DRIVE, IN THE CITY OF HUNTINGTON
BEACH,COUNTY OF ORANGE,STATE OF CALIFORNIA,AS SHOWN ON THE MAP
OF TRACT 14177,RECORDED IN BOOK 668, PAGES 46 AND 47, MISCELLANEOUS
MAPS,RECORDS OF ORANGE COUNTY, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT 14177;THENCE
NORTH 890 38'0Z EAST 330,47 FEET ALONG THE NORTH LINE OF SAID TRACT
14177 TO A POINT,SAID POINT BEING THE NORTHEAST CORNER OF SAID
TRACT 14177;THENCE NORTH 0°48'21'WEST 4.00 FEET;THENCE SOUTH 890
3902'WEST 330.47 FEET ALONG A LINE PARALLEL WITH AND 4.00 FEET
NORTHERLY MEASURED AT RIGHT ANGLES FROM SAID NORTH LINE;THENCE
SOUTH 0°47'48'EAST 4.00 FEET TO THE P01NT OF BEGINNING.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held thereof on the 7th day of October , 1996.
VaRyVr-
ATTEST:
APPROVED AS O FORM:
City Clerk
Ciiy--Attofney y�
RE IEW A O
INITIATED AND APPROVED:
ity Administrator ,
,�}cf+ Director of Publlc Works
2
3WrewhAonlconstan218/14M
Res .No. 96-89
NOT TO SCALE
ml
Q 660.95' _ CONSTANTINE DRIVE
-7-
m
o S 0'48'21"E
N 89'38'0 2"E 330.47' 4.00'
N 0'47'48"W S 89'38'02"E 330.47'
4.00'
LOT 1 TRACT 14177---,/ 1
GARFIELD AVENUE
ATTACHMENT NO. 3
PLAT OF AREA TO BE VACATED
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS CONSTANTINE 11 1 :FIB
+ PLEASE COMPLETE THIS INFORMATION �!
RECORDING REQUESTED BY:
Recorded in the County of Orange, California
Gary L. Granville, Clerk/Recorder
IIIII I��Iit ����I�lil ftl AND WHEN
4` RE 111111111 No FeejiCORDED MAIL TO: 19970349601 09:32am 07/24/97
( l-•41i 1� 005 22027038 22 27
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THIS SPACE-FOR RECORDER'S USE ONLY _
TITLE OF DOCUMENT.Ae--,DAun
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THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording lee applies)
'p 059-TITLE PAGE(R7/95)
PLEASE COMPLETE T.' S INFORMATION
RECORDING REQUESTED BY: Recorded in the County of Orange, California
Ilffifll1Gary
fllfllllll Granville,
lfilllllllfllfll Clerk/Recorder
l 870 , 1;04pm 05/20/97
AND WHEN RECORDED MAIL TO: 005 22024152 22 27
R28 6 7.00 15.00 0.00 0.00 0.00 0.00
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THIS SPACE FOR RECORDER'S USE ONLY
TITLE OF DOCUMENT:
,
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THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee applies)
"a 059-TITLE PAGE(R7/95)
RESOLUTION NO. 96-89
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 CONSTANTINE DRIVE
EAST OF BEACH BOULEVARD
WHEREAS, on September 3, 1996, the City Council of the City of Huntington Beach
adopted Resolution No. 9 6--7 8 declaring its intention to vacate an easement for public
street purposes over a portion of Constantine Drive east of Beach Boulevard, 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 7, 1996, 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 timewas 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 7, 1996, 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 Constantine Drive east of Beach Boulevard, 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
Constantine Drive east of Beach Boulevard, 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 Constantine
Drive east of Beach Boulevard is hereby vacated; and that the section so vacated is more
particularly described as follows:
1 '
WresolutionlconstanMM 4196
BEING A PORTION OF CONSTANTINE DRIVE, IN THE CITY OF HUNTINGTON
BEACH, COUNTY OF ORANGE,STATE OF CALIFORNIA,AS SHOWN ON THE MAP
OF TRACT 14177, RECORDED IN BOOK 668, PAGES 46 AND 47, MISCELLANEOUS
MAPS,RECORDS OF ORANGE COUNTY, MORE PARTICULARLY DESCRIBED AS
FOLLOWS;
BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT 14177; THENCE
NORTH 890 38'02" EAST 330.47 FEET ALONG THE NORTH LINE OF SAID TRACT
14177 TO A POINT, SAID POINT BEING THE NORTHEAST CORNER OF SAID
TRACT 14177;THENCE NORTH 00 48'21"WEST 4.00 FEET;THENCE SOUTH 89'
38'02'WEST 330.47 FEET ALONG A LINE PARALLEL WITH AND 4.00 FEET
NORTHERLY MEASURED AT RIGHT ANGLES FROM SAID NORTH LINE; THENCE
SOUTH 00 47'48"EAST 4.00 FEET TO THE POINT OF BEGINNING.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held thereof on the 7th day of October , 1996.
aor
ATTEST:
APPROVED AS�O FORM:
City Clerk -4— &Z
City Att ney nr
4RE'�IEVVA OINITIATED AND APPROVED:
Administrator
,�c'f%���f]irector of Public Works
The foregoing instrument is a correct
copy ,of the original on file in this office.
,Attest
City Cleric Z:_:: L:: ;Jo C;ert of tits ..ity
Council cf the City of Ilulitinotorl tie,;Ch,
Calif ia.
BY
Deputy
2
Wresolution/constanV8/14196
Res-No. 96-89
NOT TO SCALE
Q 660.95' _ CONSTANTI E RIV
w
in
c� SO'48'21"E
N89'38'02"E 330.47' 4.00'
N O'47'48"W S89'38'02"E 330.4 7'
4,OO'
LOT 1 TRACT 14177
GARFIELD AVENUE _
ATTACHMENT NO. 3
PLAT OF AREA TO BE VACATED Yw
CITY OF HUNTINGTON BEACH low
DEPARTMENT OF PUBLIC WORKS
CONSTANTINE 11
4
r
Res. No. 96-89
STATE OF CALWORNLA }
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
f, 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 7th of October, 1996 by the
following vote:
AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff,
Garofalo, Green
NOES: None
ABSENT: None
City Clerk and ex-offilcio Clerk of the
City Council of the City of Huntington
Beach, California
Giresolutihesbkpg
rr
•c PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
Recorded in tree county of orange, caiifornia
Gary L. Granville, Clerk/Recorder
llllll111111111111111111111111111111lllllllllllllll111111lllllll No Fee
AND WHEN RECORDED MAIL TO. 11 :46am 11/06/96
005 12015256 12 22
R28 10 7.00 27,00 G.00 G.00 0.00 0.00
Office of the City Clerk
City of Huntington Beach
2000 Main Street
Huntington Beach, California
92648
THIS SPACE FOR RECORDER'S USE ONLY
TITLE OF DOCUMENT:
Resolution No. 96-89
A Resolution of the City Council of the City of Huntington Beach Ordering The lv
yam'
Vacation Of An Easement For Public Street Purposes Over a Portion ofGConstantine Drive
East Of Beach Boulevard
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p Uty Gity Clark
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording lee applies)
-d 059-TITLE PAGE(A7l95)
le
. 96 - 9
�. CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
TO: Connie Brockway
City Clerk
FROM: Bruce P. Crosby
Civil Engineer Assistant
SUBJECT: Recordation of Resolution's for Constantine Street Vacation
DATE: June 30, 1997
Pamela Chavez, of First American Title Insurance Co., brought to my attention an error in the
recordation of subject resolution's. The sequence of events is as follows:
1. October 7, 1996 -- City Council approves Resolution No. 96-89 ordering the vacation of
Constantine Dr.
2. November 6, 1996 -- Resolution No. 96-89 records with the Orange County Recorders
Office (Document No. 19960562694)
3. February 1997 -- The legal description as shown in Resolution No. 96-89 is found to be in
error.
4. March 1997 -- City Attorney advises that another resolution with the corrected legal
description must be approved by City Council.
5. April 7, 1997 -- City Council approves Resolution No. 97-23 with the corrected legal
description.
6. May 20, 1997 -- Resolution No. 97-23 (attached) records with the Orange County
Recorders Office (Document No. 19970233951 -- 1:03 m
7. May 20, 1997 -- Resolution No. 96-89 (attached) records a second time with the Orange
County Recorders Office (Document No. 19970233952 -- 1:04pm) This resolution should
not have recorded as it puts back the wrong legal description.
As shown above, Resolution No. 97-23 recorded on May 20, 1997, correcting the legal
description, then one minute later, Resolution No. 96-89 (with the wrong legal description)
recorded a second time, placing the error back.
26297
1
Res. No. 96-89
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 7th of October, 1996 by the
following vote:
AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff,
Garofalo, Green
NOES: None
ABSENT: None
City Clerk and ex-officio Clerk of the
City Council of the City of Huntington
Beach, California
G/resoluti/reshkpg