HomeMy WebLinkAboutCity Council - 2005-28 RESOLUTION NO. 2 0 0 5-2 S
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH VACATING A PORTION OF
THE ALLEY RIGHT-OF-WAY LOCATED WITHIN BLOCK 105
IN DOWNTOWN HUNTINGTON BEACH
WHEREAS, on October 21, 2002, the City Council conditionally approved Tentative
Tract Map 16406, Conditional Use Permit 99-45, and Special Permit No. 02-06 and Coastal
Development Permit No. 99-16 for the development project known as "The Strand at Downtown
Huntington Beach Blocks 104/105"; and
The approved conditions of approval require the vacation of portions of alley right-of-
way in Block 105; and
A public meeting was held before the City Council on October 21, 2002, at which time it
was determined, pursuant to Government Code Section 65402, that the proposed vacation of a
portion of the alley right-of way commonly referred to as the northwesterly one-half of the alley
located within Block 105, as shown on the Map of Huntington Beach, in the City of Huntington
Beach, County of Orange, State of California, bounded on the north by Walnut Avenue, on the
west by Sixth Street, on the east by Fifth Street and on the south by Pacific Coast Highway,
located within Block 105 within the Downtown portion of the City of Huntington Beach, legally
described in the attached Exhibit A and depicted on the map attached hereto as Exhibit B,
conformed to the City's General Plan; and
Pursuant to Division 9, Part 3, Chapter 2 of the California Streets and Highways Code,
commencing with Section 8320, the City Council of the City of Huntington Beach .has
commenced proceedings under the Chapter for a vacation of the portion of the alley right-of-way
depicted in Exhibit B; and
The City Clerk set April 4, 2005, at the hour of 6:00 p.m. or as soon thereafter as the
matter may have been heard in the City Council Chambers, as the time and place for hearing all
persons interested in or objecting to the proposed vacation; and
A Notice of Public Hearing on the vacation was published for at least two successive
weeks prior to the hearing in the Huntington Beach Independent. At least two weeks prior to the
public hearing, at least three (3)Notices of Vacation were posted conspicuously along the portion
of the alley right-of-way to be vacated not more than 300 (three hundred) feet apart; and
On April 4, 2005, at the hour of 6:00 p.m. in the City Council Chambers, the City Council
did convene for the purpose of hearing all persons interested in or objecting to the proposed
vacation of the alley right-of-way depicted in Exhibit B, at which time no acceptable objection
05reso/street vacation 1
was made to said vacation, and evidence was presented showing that the alley right-of-way
depicted in Exhibit B is not necessary for present or prospective uses,
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 hereby resolve as follows:
1. Based on all the evidence submitted, the alley right-of-way legally described in
Exhibit A and depicted in Exhibit B is unnecessary for present or prospective public use and it is
hereby ordered vacated.
2. The City Clerk shall cause a certified copy of this resolution of vacation to be
recorded in the Orange County Recorders Office.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 4 th day of _ April_ 200 5 .
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REVIEWED AND APPROVED: APPROVED AS TO FORM:
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City Admi istrator j �y Attorn y
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INITIATE1 ND APPROVED:
Director of Pub ' arks
05reso/street vacation 2
EXHIBIT"A"
LEGAL DESCRIPTION
THE NORTHWESTERLY ONE-HALF OF THE ALLEY LYING ADJACENT
TO AND SOUTHEASTERLY OF LOTS 22, 24, 26 AND 28 IN BLOCK 105,AS
SHOWN ON THE MAP OF HUNTINGTON BEACH, IN THE CITY OF
HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
PER MAP RECORDED IN BOOK 3,PAGE 36 OF MISCELLANEOUS MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BOUNDED
NORTHERLY BY THE SOUTHEASTERLY PROLONGATION OF THE
NORTHEASTERLY LINE OF SAID LOT 28 AND BOUNDED SOUTHERLY BY
THE SOUTHEASTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF
SAID LOT 22.
THE HEREINABOVE DESCRIBED PARCEL CONTAINS 750 SQUARE
FEET OF LAND,MORE OR LESS.
SUBJECT TO ALL COVENANTS, RIGHTS,RIGHT-OF-WAY AND
EASEMENTS OF RECORD.
EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A
PART HEREOF.
PREPARED UNDER THE SUPERVISION OF
MICHAEL SIMON, P. .S. 6034 DAT
REGISTRATION EXPIRES 6/30/05
SF,D LA N p
Exp. 6/30/05
4* No. 6034
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C Al.
EXHIBIT "Brr
WALNUT AVENUE
SE'LY PROLONGATION OF NE'LY
NE'LY LINE LOT 28,
LINE OF LOT 28, M.B. 3/36
- �M.B. 3/36 -
I 7.50'-
7.50'-
2
W -W2 �.r
- - -
W 2 J \� ��,�� cc) j' cam' J r
L SE'LY LINES OF LOTS
��1�} I� �� 22, 24, 26, AND 28,
f M.B. 3/36 23
NW'LY ONE-HALF
E- OF ALLEY, M.B. 3/36f,,� r
22 J � 1
37.50' �SE'LY PROLONGATION �
OF SW'LY LINE OF LOT 22,
M,B. 3/36- -
SW'LY LINE LOT 22,
M.B. 3/36 _� 17
7.50'
7.50'
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0 20 40 80
1" = 40 FEET
PROPERTY TRANSFER � & ASSOCIATES INC.
1 OF 1 REF: TRACT NO. 16406 701 PARKCENTER DRIVE, SANTA ANA, CALIFORNIA 92705
TEL. (714) 560-8200
Res. No. 2005-28
STATE OF CALIFORNIA
COUNTY OF ORANGE } ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN 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 41th day of April,
2005 by the following vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
ABSTAIN: None
CV Clerk and ex-offici Clerk of the
City Council of the City of
Huntington Beach, California