HomeMy WebLinkAboutCity Council - 2006-68 RESOLUTION NO. 2 0 0 6-6 g
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH VACATING A PORTION OF THE PUBLIC STREET
EASEMENT LOCATED ON BEACH BOULEVARD, SOUTH OF TAYLOR DRIVE
WHEREAS, on April 3, 2006, the City Council awarded the construction contract for the
Beach Boulevard Parkway Landscape Enhancement Project, CC-1229; and
This Federally funded project will construct landscape and hardscape improvements along
the east side of Beach Boulevard, between Taylor Avenue and Sterling Avenue; and
Taylor Avenue was renamed Taylor Drive per City of Huntington Beach Resolution
Number 1588, adopted May 21, 1962, and Taylor Avenue is commonly referred to as Taylor Drive;
and
As part of the project scope, full-height curb will be constructed to eliminate the frontage
road "dead-end pockets" located at the northerly and southerly project limits; and
A concrete driveway will be constructed near the southerly project limit in order to maintain
the existing residential garage access at 8002 Taylor Drive; and
Upon completion of Project CC-1229, the City-maintained public street easement within this
southerly portion of the Beach Boulevard frontage road, where the concrete driveway will be
constructed, will be unnecessary for present or prospective public use; and
A public meeting was held before the Planning Commission on September 26 2006, at
which time it was determined, pursuant to Government Code Section 65402, that the proposed
vacation of a portion of the public street easement located on Beach Boulevard south of Taylor
Drive, as shown on the Map of Huntington Beach, in the City of Huntington Beach, County of
Orange, State of California, 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, on October 16, 2006 at a regularly scheduled public meeting, the
City Council of the City of Huntington Beach commenced proceedings under the Chapter for a
vacation of the portion of the public street easement legally described in the attached Exhibit "A"
and depicted in Exhibit"B", while reserving and excepting from the proposed vacation a permanent
easement for public utility purposes over the southerly 10.00 feet of the above described land; and
The City Clerk set November 20, 2006, 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
06-533/4694 1
On November 20, 2006, 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 public street easement legally described in the attached Exhibit "A" and depicted on
the attached Exhibit "B", at which time no acceptable objection was made to said vacation, and
evidence was presented showing that the public street easement as described above 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 2 of the California Streets and Highways Code, commencing with
Section 8320, does hereby resolve as follows:
1. Based on all the evidence submitted, the public street easement 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 hereby reserves and excepts from the vacation a permanent easement for
public utility purposes over the southerly 10.00 feet of the above described land.
3. The City Clerk shall cause a certified copy of this resolution of vacation to be
recorded in the Orange County Recorder's Office.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at,a regular
meeting thereof held on the 2 0 t h day of N o v e m b e r 2006
Mayor
REVIEWED AND APPROVED: APPROVED AS TO FORM:
ity Admi strator r Attorney L u`3 (Stp
/f? Cit
clp
TED AND A ROVED:
Director of Public Works
06-533/4694 2
Exhibit "A"
In the City of Huntington Beach, County of Orange, State of California, being a portion of
Beach Boulevard (formerly Huntington Beach Boulevard) and Taylor Avenue as
dedicated to the City of Huntington Beach per Tract No. 2558 as shown on map
recorded in Book 115, Pages 47 through 49, inclusive, of Miscellaneous Maps, in the
Office of the County Recorder of said County, described as follows:
Beginning at the southwesterly corner of Lot 1 of said Tract No. 2558;
Thence along the westerly line of said Lot 1, North 03027'01"West, 88.52 feet to the beginning of
a curve concave southeasterly and having a radius of 30.00 feet;
Thence northeasterly along said curve and the northwesterly line of said Lot 1, 48.73 feet through
a central angle of 93003'35"to a point of tangency with the southerly line of said Taylor Avenue;
Thence along the westerly prolongation of said southerly line, South 89036'34"West, 3.25 feet to
the beginning of a curve concave northerly and having a radius of 85.00 feet;
Thence westerly along said curve, 60.56 feet through a central angle of 40049'25";
Thence nontangent South 41°16'11" West, 4.28 feet to the beginning of a nontangent curve
concave westerly and having a radius of 31.00 feet, a radial line to which point bears North
63054'14" East;
Thence southerly along said curve, 12.25 feet through a central angle of 22°38'45";
Thence South 03027'01" East, 40`.00 feet to the beginning of a curve concave westerly and
having a radius of 201.00 feet;
Thence southerly along said curve, 36.64 feet through a central angle of 10026'41";
Thence South 06059'40" West, 16.03 feet to the beginning of a curve concave easterly and
having a radius of 146.64 feet;
Thence southerly along said curve 27.70 feet through a central angle of 10'49'19" to a point of
compound curvature with a curve concave northeasterly and having a radius of 6.00 feet;
Thence southeasterly along said curve 9.06 feet through a central angle of 86033'47" to a point of
tangency with the southerly line of said Tract No. 2558;
Thence along said southerly line, North 89036'34" East, 29.68 feet to the Point of Beginning.
Contains 4174 square feet, more or less
Reserving therefrom an easement for public utility purposes over the southerly 10.00 feet of the
above described land.
As shown on Exhibit "B"attached hereto and by this reference made a part hereof
Prepared under my supervision:
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` 10 EASEMENT RESERVED FOR
PUBLIC UTILITY PURPOSES
NOTE: D=XX°XX'XX" IN CURVE DATA DIMENSIONS INDICATES THE CENTRALANGLE OF THE CURVE.
LOT 1 DATA IS RECORD PER TRACT NO. 2558, UNLESS OTHERWISE NOTED.
Willasn WILLDAN SCALE 1"=30' DATE NOV 29, 2005 SKETCH TO ACCOMPANY
IM7ENGINEERS PLANNERS DRAWN BY D.BEYERBACH VACATION.PLG
13191 CROSSROADS PARR KWAY NORTH. SUITE 405
INDUSTRY, CA. 91 T46-349T CHECKED BY. D.KNELL HUNT I NGBEACH/ LEGAL DESCRIPTION
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(562) 908-6200 H-B-BLVD
Res. No. 2006-68
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 20th day of November, 2006 by the
following vote:
AYES: Bohr, Green, Coerper, Sullivan, Hardy, Hansen, Cook
NOES: None
ABSENT: None
ABSTAIN: None
00
City lerk and ex-officio CVerk of the
City Council of the City of
Huntington Beach, California