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HomeMy WebLinkAboutCity Council - 97-23 m +� w �4 0 �4 RESOLUTION NO. 9 7_2 3 t4-4 o V " a) ai w A RESOLUTION OF THE CITY COUNCIL OF THE CITY *' OF HUNTINGTON BEACH ORDERING THE 0 VACATION OF AN EASEMENT FOR PUBLIC STREET o.ci PURPOSES OVER A PORTION OF CONSTANTINE DRIVE EAST OF BEACH BOULEVARD U bD Ca 0 N Cd ,a W O %D 0 �w WHEREAS, on September 3, 1996, the City Council of the City of Huntington Beach C —" QJ � adopted Resolution No. 9 6-s 9 declaring its intention to vacate an easement for public v street purposes over a portion of Constantine Drive east of Beach Boulevard, and referring to ai maps and plans on file in the office of the City Clerk for particulars as to the proposed + s vacation; and > Said resolution fixed the time and place of October 7, 1995, at the hour of 7:00 P.M., or w o 2 as soon thereafter as the matter could be heard, in the Council Chambers in the Civic Center, w u for hearing all persons interested in or objecting to the proposed vacation, which time was not °u u a 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 as `° r= 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 a.a public street purposes over a portion of Constantine Drive east of Beach Boulevard, at which G time no acceptable objection was made to said vacation, and evidence was presented showing 4JM "o u 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. o.b Ln o ar o ' NOW, THEREFORE, the City Council of the City of Huntington Beach, pursuant to o ¢ Division 9, Part 3, Chapter 3 of the California Streets and Highways Code, commencing with N 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 °' °; 0 use, and is not suitable for use or development as bicycle paths or routes, and it is hereby of o rn rm •� � ORDERED that the easement for public street purposes over a portion of Constantine � Q a Drive east of Beach Boulevard is hereby vacated; and that the section so vacated is more o - A particularly described as follows: rxa �n LO S W a) o H ci o c •� w 1 3/Wrew1u0Wcanstan2/&5/97 Resolution 97-23 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 LOT 1 OF SAID TRACT 14177; THENCE NORTH 00 47'48'WEST 4.00 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND DISTANT 4.00 FEET MEASURED AT RIGHT ANGLES, TO THE NORTH LINE OF SAID LOT 1;THENCE ALONG SAID PARALLEL LINE NORTH 89038'02'EAST 330.47 FEET;THENCE SOUTH 00048'21"EAST 4.00 FEET TO THE NORTHEAST CORNER OF LOT 1;THENCE SOUTH 89038'02'WEST 330.47 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 7 t h day of Ay r i 1-A Mayor ATTEST: APPROVED AS TO FORM: City Clerk 3 Sl REVIEWED AND APPROVED City Attorney INITIA AN ROVED: Ci Administrator` 1i• Director of POELS..4orks 2 3/Wreso1utiorVcons#an213/W7 t; ' PLEASE COMPLETE THIS INFORMATION r RECORDING REQUESTED BY: Recorded in the County of Orange. California Gary L. Granville, Clerk/Recorder 11111111111111 jjjI Na Fee 19970349600 09:32am 07/24/97 AND WHEN RECORDED MAIL TO, 005 22027038 22 27 �`1� R28 5 7.00 12.00 0.00 0.00 0.00 0.00 'ice l i,1 � L ` THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT:-tyn- -�M °vt THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording lee applies) 059-TITLE PAGE(R7l95) PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: Recorded in the County of orange, California Gary L. Granville, Clerk/Recorder 11ll11llll4l4llllllllllll111111111111111111111111111i�ll�ll�� NO Fee AND WHEN RECORDED MAIL T0: t -2 305i l:03pm 05/20/97 N�{�� 005 22024152 22 27 -' ACC C� C-A eA, R28 8 7.00 21 .00 0.00 0.00 0.00 0.00 �jlY 4&o fi('OwkxX ?.Q j&j 1°0 &40co�M13(jch& 42A THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT: IUD THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording lee applies) 'o- 059-TITLE PAGE(R7/95) m ro .Z � 0 $4 RESOLUTION NO. 9 7-2 3 w o u +J v w a4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY *' OF HUNTINGTON BEACH ORDERING THE ° VACATION OF AN EASEMENT FOR PUBLIC STREET a ° . PURPOSES OVER A PORTION OF CONSTANTINE DRIVE W a EAST OF BEACH BOULEVARD U oa b � o � W W 0% WHEREAS, on September 3, 1996, the City Council of the City of Huntington Beach 0+J '� adopted Resolution No. 9 6-8 9 declaring its intention to vacate an easement for public ^& street purposes over a portion of Constantine Drive east of Beach Boulevard, and referring to 0 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, ca for hearing all persons interested in or objecting to the proposed vacation, which time was not u v less than fifteen (15) days from the passage of this resolution. Notices of vacation were A 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. a� o, .-4 h 0 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 a.n � c time no acceptable objection was made to said vacation, and evidence was presented showing aON that said easement is not necessary for present or prospective public uses and its not suitable �n for use or development as bicycle paths or routes. 0.-d L, o mo (0 "M NOW, THEREFORE, the City Council of the City of Huntington Beach, pursuant to Q 0 Division 9, Part 3, Chapter 3 of the California Streets and Highways Code, commencing with N a Section 6320, does resolve that the easement for public street purposes over a portion of r� ON Constantine Drive east of Beach Boulevard, is not necessary for present or prospective public °` 00 a use, and is not suitable for use or development as bicycle paths or routes, and it is hereby o as 0 0 ORDERED that the easement for public street purposes over a portion of Constantine oa Drive east of Beach Boulevard is hereby vacated; and that the section so vacated is more 0 +J particularly described as follows: W a tU f 4 .. x a m to :9: w a o .r, W f-+ C o •r1 V-i 1 WresolutiorkonstanW/5197 Resolution 97-23 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, MJSCELLANEOUS MAPS,RECORDS OF ORANGE COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 1 OF SAID TRACT 14177; THENCE NORTH 00 47'48'WEST 4.00 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND DISTANT 4.00 FEET MEASURED AT RIGHT ANGLES,TO THE NORTH LINE OF SAID LOT 1;THENCE ALONG SAID PARALLEL LINE NORTH 89038'020 EAST 330.47 FEET; THENCE SOUTH 00048'21°EAST 4.00 FEET TO THE NORTHEAST CORNER OF LOT 1;THENCE SOUTH 89038'02"WEST 330.47 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 7 t h day ofApril , 1997. Mayor ATTEST: t%��Mz APPROVED AS TO FORM: City Clerk ,��� l�' REVIEWED AND APPROVED City Attorney }sf y INITIA AN A ROVED: Ci Administrator Director of P Gc arks The foregoing instrument is a correct copy ,of the original on Me in this office. .Attest 1997 City Clerk alitl Ex-cfiicii, u:eric of the City Council of the City of Huntiogton Beach, Cali ia. By Deputy 2 3110resolutiorVeonstan205/97 � r w w - Res. No. 97-23 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) 1, 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 an regular meeting thereof held on the 7th day of April, 1997 by the following vote: AYES: Harman, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: Julien Green - Out of Room City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California G/resoluti/resbkpg/97-28 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: ,Tune 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 -- 1:03pm) 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 Res.No. 97-23 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 an regular meeting thereof held on the 7th day of April, 1997 by the following vote: AYES: Harman, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: Julien Green - Out of Room G City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California G/resoluti/resbkpg/97-28