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HomeMy WebLinkAboutCity Council - 99-11 r1 . RESOLUTION NO. 99-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE SUMMARY VACATION OF PORTIONS OF THE EXCESS RIGHT-OF-WAY AT THE NORTHWEST CORNER OF BEACH BOULEVARD AND PACIFIC COAST HIGHWAY WHEREAS, the City Council of the City of Huntington Beach wishes to summarily vacate portions of highway easements which are excess right-of-way and are not required for street or highway purposes pursuant to California Streets and Highways Code Section 8334(a); and Beach Boulevard and Pacific Coast Highway are arterial highways which are along the frontage of and adjacent to The Waterfront Ocean Grand Resort and Conference Center development project; and Said right-of-way constitutes portions of Beach Boulevard and Pacific Coast Highway, NOW, THEREFORE, the City Council of the City of Huntington Beach, does hereby resolve as follows: l. Pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highways Code, and in particular with Sections 8334(a) and 8335, the City Council of the City of Huntington Beach hereby orders the vacation of portions of Beach Boulevard and Pacific Coast Highway. 2. Pursuant to Section 65402 of the California Government Code, the City of Huntington Beach Planning Commission, on August 25, 1998, made findings that Conditional Use Permit No. 97-46 and Tentative Tract Map No. 15535 for the Waterfront Ocean Grand Resort and Conference Center development project, which include the vacation of the subject excess highway easements, were in conformity with the City's General Plan and any applicable specific plan. 3. Pursuant to California Streets and Highways Code Section 892 (formerly Section 2381), the City Council of the City of Huntington Beach has made findings that the right-of-way is not useful as a nonmotorized transportation facility. 4. The portions of Beach Boulevard and Pacific Coast Highway hereby vacated are more particularly described as follows: This document Is solely fOr the official business of Vis CRY of t-iun inr � e c rp �: c�ara errs Tax-Exempt-Gmmmment Agency pjate � ��C,c .. ^ t Code CITY OF I-it N7'.�G ON REACH ,-c. 61,33 and ahoold be recorded Co nle Brockway,City Clerk free of charge. 1 /?� , " / res0/jmf/jn/beachpch/02/12M g puff City Clark Res. 99-11 BEING THAT PORTION OF BEACH BOULEVARD AND PACIFIC COAST HIGHWAY, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED IN THAT DEED (DIRECTOR'S DEED NO. DD011783-2) RECORDED FEBRUARY 10TH IN 1999 AS DOCUMENT NUMBER 19990100312 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ATTACHED HEREBY AS EXHIBIT A. The City Council does hereby confirm that the portions of the highways herein vacated are excess right-of-way and are not required for street or highway purposes. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the 1st day of March , 1999. ay ATTEST: APPROVED AS TO FORM: City Clerk .cf City Attorney P./1 it REVIEWED AND APPROVED: INITIATED AND APPROVED: 1,01 City Ad nistrator Director of Public Works 2 reso/j mf/j n/heachpch/02/12l99 Res. 99-11 Recorded in the County of Orange,California RECORDING REQUESTAD BY Gary L. Granville,Clerk/Recorder - .111111111111111111111111111 11 No Fee AND WHEN RECORDED KAIL TO: 19990100312 2:32pm 02/10/99 004 7019976 07 28 CONNIE BROCKWAY CITY CLERK E01 4 04 0.00 6.00 9.00 0.00 0.00 0.00 0.00 CITY OF HUNTINGTON BEACH 0.00 0.00 hftpIhvww.ol.h(i ntirtMon-boach.ca.us P O BOX 190-2000 MAIN STREEY HUNTINGTON BEACH CA { RWFE: R.W. Smith (1-5-99) space vet this line for Recorder's Use Written: RWS Checked: MP Ma No. - 712-3 & Pict co-W Rw" Pea M& Nvmba DERECTOR'S DEED 12 Ora 1 23.0 DE 011783-2 (EASEMENT) The State of California, acting by and through its Director•of Transportation, does hereby grant to the City of Huntington Beach, a municipal corporation, all right, title and interest in that Easement for State Highway purposes, in the City of Huntington Beach, County of Orange, State of California, reserved to the State of California in that deed (Director's Deed No. DD 021783--01-01) recorded March 20, 1980 in Book 13542, page 672 of official Records, in the office of the County Recorder of said county. EXCEPTING THEREFROM that portion of said Easement lying southwesterly of a line parallel with and distant northeasterly 10.00 feet, measured at right angles, from the northeasterly line of Parcel 2 of land described in the deed to the State of California recorded June 11, 1936, in Book 826, page 379 of said Official Records. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Robert W. Smith Licensed Land Surveyor No. 3158 �pkAN Date: January 5, 1999 Page 1 of 2 MAILTAX STATEMENTS STATEMENTS TO: -ft. p-Government Agency, "Is doawnwd to sdtery forth CITY OF HUNTINGTON BEACH official business of the City of Huntington Beach, as con='wl�' � tem- plated under Government Code B4WW I mw l Sec.6103 and should be recorded PWY m ftee of charge. Res. 99-11 Number Subject to special assessments if any, restrictions, reservations, and easements of record. - . J This conveyance is executed pursuant to the authority vested in the Director of Transportation by law and, in particular, by the Streets-and Highways Code. WITNESS my hand and the seal of the Department of Transportation of the State of California,this day of ' e 19 STATE,OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Jose Medina Director of Transportation Y A amey in Fa STATE OF CALIFORNIA 1 PERSONAL ACKNOWLEDGMENT County of ( Ss On this the G tlay of J 9 t-e fore me. 42 c/4f � Name,TRIO,Officer-':.G.,'Jane D ota Pu K" pefsonalty appeared Iy).i i�r'- �� 0`e�.�.�-G�-- _ Name of Signer Q Personally Mwwn to me .proved tome on the basis or satisfactory evidence to be the person whose name is subscribed to within instrument and acknoMedged to me that h She xecuted the same in h• er authorized capacity,and that by h' .er ignature on-the instrument the person,or the entity upon befialf of which the person acted,"uted the instrument. NANCY SOCANEGRA. WITNESS my hand and official seal. Cofnmbsion#11871ZF NokrJ PLt'BC Ors CaurTly &*C.a rM 50w Jun 1&ZIM (Nola Pubiies s46ature in and for said Co and State) tr«renry uai«snmv} THIS IS TO CERTIFY *That the California Transportation Commission has authorized the Director of Transportation to execute the forgoing deed under provisions of CTC RESOLUTION #G-95-07, approved on Jane 7, 1995,amending RESOLUTION#G-02 PERTAINING TO SALE OF EXCESS PROPERTY. Dated this, day of , 19 Form RW 6-1(S&T)(New 4/96) USE FOR SALES DELEGATED TO DISTRICT Ba9e_'Z _n"F 2 .._.__._ . x is IT �Q Res. 99q/ �]ate, dOuu 7y � }-ivhl i ll �f�l�� S2 DR A 21a �1 � Crf�cr -4�� ' `J 1 f ) 1 s' IN C7 � �• j/ PLA A r "NEWRes. 99-11 ti; •� r BY= 4- 2-98 ; 14:43 *4LTUNS DIST 07 R/W-, 714 724 2622.E 2/ 3 ,, ry RECORDING REQUESTED BY Recordao in the County of orange. cal ifornia STATE OF CALIFORNIA Gary L. Granville. cleric/Recorder No Fee WHEN Ri CORDED MAIL TO 19970324873 2:e7pm 07/09/97 Department of Transportaton 005 %12024552 12 33 District 13.Right of Wav r i P14 2 7.Be 3.00 1 .00 0.00 0.00 0.06 2.501 Pullsaan Street. Building -C' Santa Attu. CA 92705 Attention: Larry Staley - 1') V i R k �= =� :� 0 P Y of :1ith Original POWER OF ATTORNEY -- Department of Transportation No. 500 (laclu.ding Revoearioa of Prior Powers of Attorney) 1. JAMES W. VAN LOBEN SETS.as Director of Transportation of the State of California,by virtue of the authority vested in me by law. do hereby appoint any one of the following named persons: 1. M. McManus and/or Brice D. Paris and/or Lawrence J. Staley and/or Linda Wilford and/or Allan Goldswin and/or Teresa Cata- Arias and/or Ron Costello and/or Greg Morton and/or Richard Stundley and/or Larry Stevens of District 23 of tine Departz==of Transportation as my attorney in fact with full power to execute requests for full reconveyance of deeds of awt; to ccwcot to deeds. grants or other trsuuments ihetcia. to the State of California for transportation purposes. and to certify to the acceptance by the State of California of such-deeds. grants or other conveyances as required by Section 27281 of the Crovart m=Code. Brice D. Paris and/or L.awrsncc J. Staley and/or Linda Wilford and/or Teresa Cota-Arias and/or Carol Devorkin and/or Theo Walker and/or Mary Scort and/or Terry Moore and/or Deborah Meyers and/or Brenda Morrison of District 23 of the Department of Transpormrion as my attorney in fact with full power to execute Agreements between,Caltrans and Buyer when surplus residential properties arc disposed of by the Department of Tmasporlatioo pursuant to Section 54235 to and including 54238.6 of the Government Code. and to execute conveyances or State-owned property by instrttments desi&uated Director's Deed. requests for hull rcconveyancc and requests for partial reconveyance of deeds of trust. requests for subordination, and any other documents necessary and proper to complete a conveyance of property on behalf of the California Transportation Corntnlmion pursuant to the provisions of the Streets and Highway Code or other statute. PROVIDED. FURTHER.that my moue may be subscribed to such instrurnc-rus by %ta=. typewriting or other methaaical mcwts and need not be written manually by my said attorney in tact. The following Powers of Attorney executed by JAMES W. VAN LOBEti SELS as Director of TransWrtesioa of the Statc of California are hereby revoked: No. 482 dated July 20. 1995 and natnmg Kenzieth D. Steele and/or Joe W. Boyd and/or James G. Fisher and/or Greg Morton and/or Tlrco Walker uid/or James R_ Dusiui and/or David Parlcr and/or Carol S. Dovorkia and/or Larry J. Staley attorneys in]tact: No. 498 dated February 7. 1997 %nd naming Stanley Usiewicz and/or Linda L. Wilford ;%nd/or Richard D. Starldley and/or Patricia L. Smith and/or Terrence K. Moore as attorneys in tact. No. 499 dated May 23. 1997 and naming J. M. McManus and/or Brice D. Paris and/or Allen Goldstein and/or Teresa Coca-Arias and/or Lawrence J. Staley as artomeys in fact. - 'mot WITNESS my signatue this 22 , day o . 1997. STATE OF CAL1FORNIA Deparuaeat of Trwuportauon I-A*A W. VAN LOBEP .i.LS Dir6ztor f of Transportation Departmeru Fr'8 FIeC^_,rlRg Ra�� Eg3Qrtttal to ACQu:Bbon by 09pamrent cd Try (Ssa 6103 GOV. � Res. No. 99-11 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTItii rGTON BEACH ) I, CONNM 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 Ciiy 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 March, 1999 by the following vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: ABSTAIN: City Cleric and ex-officio Clerk of the City Council of the City of Huntington Beach, California The foregoing instrument is a correct copy ,cf the original on file in this office. Attest, WL&4 d'k #' 19._q9 CONN_IE BROCKWAY. . City Gierl� zrrd Cierr of i,ie City Council of the City of Huntington Beach, California. Qv Dep��y RESOLUTION NO. 99-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE SUMMARY VACATION OF PORTIONS OF THE EXCESS RIGHT-OF-WAY AT THE NORTHWEST CORNER OF BEACH BOULEVARD AND PACIFIC COAST HIGHWAY WHEREAS, the City Council of the City of Huntington Beach wishes to summarily vacate portions of highway easements which are excess right-of-way and are not required for street or highway purposes pursuant to California Streets and Highways Code Section 8334(a); and Beach Boulevard and Pacific Coast Highway are arterial highways which are along the frontage of and adjacent to The Waterfront Ocean Grand Resort and Conference Center development project; and Said right-of-way constitutes portions of Beach Boulevard and Pacific Coast Highway, NOW, THEREFORE, the City Council of the City of Huntington Beach, does hereby resolve as follows: 1. Pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highways Code, and in particular with Sections 8334(a) and 8335, the City Council of the City of Huntington Beach hereby orders the vacation of portions of Beach Boulevard and Pacific Coast Highway. 2. Pursuant to Section 65402 of the California Government Code, the City of Huntington Beach Planning Commission, on August 25, 1998, made findings that Conditional Use Permit No. 97-46 and Tentative Tract Map No. 15535 for the Waterfront Ocean Grand Resort and Conference Center development project, which include the vacation of the subject excess highway easements, were in conformity with the City's General Plan and any applicable specific plan. 3. Pursuant to California Streets and Highways Code Section 892 (formerly Section 2381), the City Council of the City of Huntington Beach has made findings that the right-of-way is not useful as a nonmotorized transportation facility. 4. The portions of Beach Boulevard and Pacific Coast Highway hereby vacated are more particularly described as follows: 1 ' reso/jmf/j n/beachpch/02/12/99 �1� t � � Res. 99-11 BEING THAT PORTION OF BEACH BOULEVARD AND PACIFIC COAST HIGHWAY, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED IN THAT DEED (DIRECTOR'S DEED NO. DD011783-2) RECORDED FEBRUARY 1 OTH IN 1999 AS DOCUMENT NUMBER 19990100312 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ATTACHED HEREBY AS EXHIBIT A. The City Council does hereby confirm that the portions of the highways herein vacated are excess right-of-way and are not required for street or highway purposes. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the 1st day of March , 1999. a ATTEST: APPROVED AS TO FORM: City Cierk City Attorney g/1 Z/�j REVIEWED AND APPROVED: INITIATED AND APPROVED: �CityA nistrator Director of Pub1�c Works 2 reso/jmf/jn/beachpch/02/12/99 Res. 99-11 R Recorded in the County of Orange,California RECORDING RE '?UEST QX BY Gary L.Granville, Clark/Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII No Fee AND WHEN RECORDED MIL TO: 19990100312 2:32pm 02/10/99 004 7019976 07 28 CONNIE BROCKWAY CITY CLERK E01 4 04 0.00 6.00 9.00 0.00 0.00 0.00 0.00 CITY OF HUNTINGTON BEACH 0.00 0.00 http-lhvww.Ci.hunting;an-beach.ca.us - P O BOX 190-2000 MAN S r=VT HUNTINGTON BEACH CA r RWPE: R.W. Smith (1-5-99) space akmvet is 11ne for Recorder's use Written: RWS Checked: MP Man No. F- 712-3 & -4 Bumin Coum Rooms Poe Mik Neer DURECTOWS DEED 12 Ora 1 23.0 DE 011783-2 (EASEMENT) , r The State of California, acting by and through its Director•of Transportation, does hereby grant to the City of Huntington Beach, a municipal corporation, all right, title and interest in that Easement for State Highway purposes, in the City of Huntington Beach, County of Orange, State of California, reserved to the State of California in that deed (Director's Dead No. DD 011783-01-01) recorded March 20, 1980 in Book 13542, page 672 of Official Records, in the office of the County Recorder of said county. EXCEPTING THEREFROM that portion of said Easement lying southwesterly of a line parallel with and distant northeasterly 10.00 feet, measured at right angles, from the northeasterly line of Parcel 2 of land described in the deed to the State of California recorded June 11, 1936, in Book 826, page 379 of said official Records. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyars Act. Robert W. Smith Licensed Land Surveyor No. 3158 �gLAN Date: January 5, 1999 Page 1 of 2 MAIL MEN * Fap,��II STATEMENTS TO: 'Ox 8xampt-0ovemment Aged' Tht$document 1s sorely tar the CITY OF Hl1M rNG7E741 BEACH official business of the Clty pg' a 9rockuray.C Clark of Huntington Bench, as contem- Q� CA�-1F plated under Government Code s"1'' } Sec.6103 and should be recorded sputy free of charge. Res. 99-11 ,CNtlf tT q . Number ✓ t Subject to special assessments if any, restrictions, reservations, and easements of record. 1 This conveyance is executed pursuant to the authority vested in the Director of Transportation by law and, in particular, by the Streets-and Highways Code. WITNESS my hand and the seal of the epartment of Transportation of the State of California, this �day of f 19 STATE-OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Jose Medina Director of Transportation Y A omey in Fa STATE OF CALIFORNIA PERSONAL ACKNOWLEDGMENT County or SS On this the 2 day of a before me, Name,Tid f Officer-E.G.,-Jane D Pu e ply appeared — Name of Signer ❑personalty i�to me proved to me on the basis or satisfactory evidence to be the person whose name s subscribed to within instrument and acknowledged to me that he xecuted the same in h er authorized capacity,and that by h' r ignature on the instrument the person,w the entity upon be f of which the person acted,eacuteir the instr unent• NANCY BOCANEORA , WETNESS my hand and cfficial seal. C+O on#11871127 �c *Conm. Am 1&2M2 (Nola Public's s' ture in and for said Ce and State) Oct A=Py seal or mrnp) THIS IS TO CERTIFY That the California Transportation Commission has authorized the Director of Transportation to execute the forgoing deed under provisions of CTC RESOLUTION #G-95-07, approved on June 7, 1995, amending RESOLUTION #G-02 PERTAINING TO SALE OF EXCESS PROPERTY. � p Dated this, day of y Cl y y. Forth RW 6-1(S&T)(New 4 S6) USE FOR SALES DELEGATED TO DISTRICT �, XN�BiT Res. 99-4 J 20 . 2 0 30 C� c C'.LA r A J ootw-pAP-1)tj � `a �►R�C � N aN e � .:WBY: 4- 2-98 ; 14:43 ;CALTR-ANS DIST 07 RIW,- 714 724 2Res• 49-11 fi22;n 2I 3 RECORDING REQUESTED B. Recordaa in the County of Crango. California STATE OF CALIFORNIA Gary L. Granvil la, Cleric/Recorder No fee WHEN RECORDED MAIL TO 19970324873 2:07pm 07/09/97 Departmem of Trmuportanou I 005 02024552 12 33 Disrrici 23. Right of way i . P14 2 7.00 3.09 1.00 0.00 0.00 0.06 2501 Pullman Suver, &3 Iding .,C_ Santa Ana. CA 92705 Arteation: l-Ury Staley '.1 r' R �/ �:D 4 O i� Y �-Jelt i---11D3r:a wilt) Original POWER OF ATTORNEY --- Department of Traatportation No. 5U0 (Including Revocation of Prior Powers of Attorney) I. JAMES W. VAN LOBEN 5£LS, as Director of Transportation of the StatC of California, by virtue of the authority vested in me by law, do hereby appoint any one of the following named persons: J. M. McManus and/or Brice D. Paris and/or Lawrence J. Staley and/or Linda Wilford and/or Allan Goldstein and/or Teresa Cota- Arias andior Ron Costcllu and/or Grcg Morton and/or Richard Standley and/or Larry Stevens of District 23 of the Department of Transportation as my attorney in tact with full'power to executt requests for full reconveyance of deeds of trust; to consent to deeds. grants or other tnstruments thertrin, to the State of California for transportation purposes, and to certify to the aeceptance by the State of Caiiftlrnia of such-decds. grants or other conveyances as required by Section 27281 of the Gover mm Code. Brice D. Paris and/or Lawrence J. Staley and/or Linda Wilford and/or Teresa Cota-Arias and/or Carol Devockcin and/or Theo Walker and/or Mary Scott and/or Terry Moore and/or Deborah Mevers and/or Brenda Morrison of District 23 of the Department of Transportadon as my attorney in fact with full power to execute Agreements between Caltrans and Buyer when surplus residential properties art; disposed of by the Department of Transportation pursuant to Section 54235 to and including 54238.6 of the Government Code. and to execute convevanccs of State-owned property by instruments designated Director's Deed. requests for full reeonveyamc and requests for panial reconveyance of deeds of trust. requests for subordination, and any other docttmesscs necessary and proper to complete a conveyance of property on behalf of the California Transportation Commission purauamt to the provisions of the Streets and Highway Code or other statute. PROVIDED, FURTHER. that my name may be subscribed to such insuumerus by stamp, typewriting Or othcr mechanical means and need not be written mamally by my said attorney in fact. -rbe following Powers of Attorney executed by JAMES W. VAN LOBEN SELS as Director of Trxnsporfazkm of the Statc of California are hereby revoked: No. 482 dated July 20. 1995 and naming Kenneth D. Steele and/or Joe W. Boyd and/or James G. Fisher and/or Greg Morton and/or Thee Walker and/or James A. Dusini and/or David Padcr and/or Carol S. Devorkin m&or Larry J. Staley attorneys in fact: No. 498 dated F'ebnmry 7. I997 and naming Stanley Lisiewicz and/or Linda L. Wilford nnd/or Richard D. Standley and/or Patricia L. Smith and/or Terrence K. Moore as attorneys in fact. No. 499 dated May 23. 1997 and )taming J. M. McManus and/or Brice D. Paris and/or Allen Guidsieia and/or Teresa Coca-Arias and/or Lawrence J. Staley as attorneys in fact. — WITNESS my signature this 2`tiny 01 19W9 STATE OF CALIFORNIA Department of Transpormuon JAMJFS W. VAN LOBE- i_LS -� `• 1 Di for rme p,0C=-rtlnq LRiqumftd Department of Transportation £ssenttal to Acgtj sticrl by ()apaMment at TfanSPQ90210n f See 6103 Gov.CVde) Res. No. 99-11 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 Ist day of March, 1999 by the following vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: ABSTAIN: City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California