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0 �4 RESOLUTION NO. 9 7_2 3
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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
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0 �w WHEREAS, on September 3, 1996, the City Council of the City of Huntington Beach
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adopted Resolution No. 9 6-s 9 declaring its intention to vacate an easement for public
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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
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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
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"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.
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' 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
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•� � ORDERED that the easement for public street purposes over a portion of Constantine
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Q a Drive east of Beach Boulevard is hereby vacated; and that the section so vacated is more
o - A particularly described as follows:
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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
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REVIEWED AND APPROVED City Attorney
INITIA AN ROVED:
Ci Administrator`
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Director of POELS..4orks
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3/Wreso1utiorVcons#an213/W7
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' 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
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THIS SPACE FOR RECORDER'S USE ONLY
TITLE OF DOCUMENT:-tyn- -�M
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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
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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)
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0 $4 RESOLUTION NO. 9 7-2 3
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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
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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.
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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.
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(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:
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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
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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