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HomeMy WebLinkAboutCity Council - 2010-78 RESOLUTION NO. 2010-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE VACATION OF THE PUBLIC FRONTAGE ROAD AT THE SOUTHEAST CORNER OF BEACH AND ATLANTA WHEREAS, on August 16, 2010, the City Council of the City of Huntington Beach adopted Resolution No. 2010-58 declaring its intention to vacate the public frontage road at the southeast corner of Beach and Atlanta, and referring to 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 18, 2010, at the hour of 6:00 P.M., or as soon thereafter as the matter could be heard, in the Council Chambers in the Civic Center, for hearing all persons interested in or objecting to the proposed vacation, which time was not 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 were posted not more than three hundred (300) feet apart and at least three (3) were posted. On October 18, 2010 at the hour of 6:00 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, at which time no acceptable objection was made to said vacation, and evidence was presented showing that said public frontage road is not necessary for present or prospective public uses and its not suitable for use or development as bicycle paths or routes. 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 resolve that the public frontage road at the southeast corner of Beach and Atlanta is not necessary for present or prospective public use, and is not suitable for use or development as bicycle paths or routes, and it is hereby ORDERED that the public frontage road at the southeast corner of Beach and Atlanta is hereby vacated; and that the section so vacated is more particularly described and depicted on Exhibits A and B attached hereto and incorporated by this reference. 07-1130.003/53166 1 vacate Resolution No.2010-78 The City hereby reserves and excepts from the vacation a permanent easement and right at any time or from time to time, to construct, maintain, operate, replace, remove, and/or renew water lines, and for the transportation or distribution of water including access to and from the property for said purpose, all as more particularly described and depicted on Exhibits C and D attached hereto and incorporated by this reference. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the 18th day of October , 2010. Ma r INITIATED AND APPROVED: REV AND APPROVED C—Director of Pu li Works C Administrator APPROVED AS TO FORM: 1��City tto ey 07-1130.003/53166 2 vacate Resolution No. 2010-78 Exhibit A SHEE71 OF 1 THOSE CERTAIN LANDS LOCATED IN THE NORTH 1548.22 FEET, OF THE WEST 489.55 FEET, OF THE NORTHWEST QUARTER OF SECTION 13,TOWNSHIP 6 SOUTH, RANGE 11 WEST, IN THE RANCHO LAS BOLSAS, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, SAID LANDS ALSO BEING A PORTION OF PARCEL 1 OF STATE HIGHWAY RELINQUISHMENT NUMBER 632, RECORDED FEBRUARY 26, 1968, IN BOOK 8526, PAGE 461 OF OFFICIAL RECORDS, AS SHOWN ON THE MAP RECORDED IN BOOK 5, PAGES 45 AND 46 OF STATE HIGHWAY MAPS,ALL OF WHICH ARE LOCATED IN RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 2, AS SHOWN ON PARCEL MAP 84-590, FILED IN BOOK 202, PAGES 48 THROUGH 50 INCLUSIVE OF PARCEL MAPS, IN SAID RECORDS OF SAID COUNTY; THENCE EASTERLY ALONG THE NORTHERLY LINE OF PARCEL 1, OF SAID PARCEL MAP 84-580, NORTH 89°37'06" EAST, 89.21 FEET, TO THE INTERSECTION OF SAID NORTH LINE WITH THE EAST LINE OF SAID PARCEL 1 OF STATE HIGHWAY RELINQUISHMENT NUMBER 632, RECORDED FEBRUARY 26, 1968, IN BOOK 8526, PAGE 461 OF OFFICIAL RECORDS; THENCE NORTHERLY ALONG SAID EAST LINE, NORTH 09050'39"WEST, 133.85 FEET, TO THE BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 1000.00 FEET; THENCE CONTINUING NORTHERLY ALONG SAID EASTERLY LINE, THROUGH A CENTRAL ANGLE OF 9'10'25", AN ARC DISTANCE OF 160.11 FEET; THENCE CONTINUING NORTHERLY ALONG SAID EASTERLY LINE, NORTH 00'40'14"WEST, 730.41 FEET, TO A LINE PARALLEL WITH AND 50.00 FEET SOUTHERLY OF THE NORTH LINE OF SAID SECTION 13; THENCE WESTERLY ALONG SAID PARALLEL LINE, SOUTH 89037'06"WEST, 88.00 FEET TO THE EAST LINE, OF SAID PARCEL 2, OF SAID PARCEL MAP 84-580; - THENCE SOUTHERLY ALONG SAID EASTERLY LINE, OF SAID PARCEL 2, SOUTH 00°40'14" EAST, 818.16 FEET; THENCE CONTINUING SOUTHERLY ALONG SAID EASTERLY LINE, OF SAID PARCEL 2, SOUTH 09°50'39" EAST, 206.45 FEET TO THE POINT OF BEGINNING. CONTAINING 90,340 SQUARE FEET MORE OR LESS(2.07 ACRES). SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS-OF-WAYS AND EASEMENTS OF RECORD. EXHIBIT"B" ATTACHED AND THIS REFERENCE MADE A PART HEREOF. o \-ANQ SLR Ira U � = O EXP. 12-31-11 JOSEPH G. DERLETH 9 LS. 734o a�P PLS 7340, EXPIRES 12/31/11 TF of oAL�Fo`� Legal Description BEACH BOULEVARD FRONTAGE ROAD VACATION AREA FROM 50' SOUTH OF TO 1072' SOUTH OF ATLANTA AVE Fes CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Resolution No.2010-78 NW'LY COR SEC 13 N'LY LINE SEC 13 T6S, 11 W, SBM T6S, R11 W, SBM PER PM 94-590 (N89'37'06"E) ATLANTA AVE 30 - - - - - -- - - - - -- -�- - - - - -- - PARCEL 2, PM 84-590, -i 8, 202/48-50 PM I 4*:''4Or p� ; 8' W'LY LINE SEC 13� i T6S, R11 W, SBM { m m W p + I ( )= RECORD PER PARCEL MAP rn { 8 84-590, FILED IN BOOK 202, I PAGES 48 THROUGH 50 PARCEL 2, PM 84-590, --r INCLUSIVE OF PARCEL MAPS 202/48-50 PM I ® I =PORTION OF STATE HIGHWAY 1 RELINQUISHMENT NUMBER 632, +---110' I RECORDED 2/26/68, IN 8526/461 I O.R., ALSO BEING A PORTION OF Z PARCEL 1, STATE HIGHWAY MAP o + I BOOK 5, PAGES 45 AND 46. 0 I 90,340 SQ FT, .(2.07 ACRES) 6: P-M � I �� 8 . I 0.Al { 000 I I EXHIBIT PARCEL 2, PM 84-590, 202/48-50 PM g'- -I ` ' SHEET 1 0E 81 I GRAPHIC SCALE ------ �-- - - - - - - — i inch =150 ft. N'LY LINE 'so I ° 's +so + { PARCEL 1 I PM 84-590 202/48-50 PM ( IN FEET ) V EXHIBIT B BEACH BOULEVARD FRONTAGE ROAD VACATION AREA FROM 50' SOUTH OF TO 1072' SOUTH OF ATLANTA AVE CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Resolution No.2010-78 ATLANTA AVE GRAPHIC SCALE �1- (N8937'06"E) �22' 1 inch =50 ft 50 0 25 50 �NW'LY COR SEC 13 T6S, R11 W, SBM 0 8" PER PM 84-590 0 o ( IN FEET ) ( ) = RECORD PER PARCEL MAP 84-590, FILED IN BOOK 2022 � ry E LY LINE, PARCEL 1 PAGES 48 THROUGH 50 INCLUSIVE OF PARCEL MAPS. oo PER STATE HWY MAP BOOK 5, PAGES 41 (( )) = RECORD PER STATE I AND 42. HIGHWAY MAP FILED IN BOOK °1 5, PAGES 45 AND 46. 8' 22' 6;' 8 ? ®= PORTION OF STATE HIGHWAY o RELINQUISHMENT NUMBER 632, RECORDED 2/26/68, IN 8526/461 O.R., ALSO BEING A EXHIBIT PORTION OF PARCEL 1, STATE HIGHWAY MAP BOOK 5. SHEET 2 OF 3 g � 1 LINE TABLE: _ L1= N89'37'06"E, 89.21' L2= N00°40'14"W, 730.41' I C PARCEL 2, �p PM 84-590, IG z 202/48-50 PM l o —< > O i cWo Z /`8 i' n (- o {--W'LY LINE SEC 13 1 �n Z T6S, R11 W, SBM _N o rnw NE COR PARCEL M o POINT OF 1, PM 84-590, v BEGINNING, SE 1 202/48-50 PM COR PARCEL 2, 8' m o PM 84-590, .� 202/48-50 PM 00 8' (88.00.) (54.91 ) L1 N'LY LINE PARCEL 1 PM 84-590 (N89°37'06"E, 489.56') EXHIBIT B BEACH BOULEVARD FRONTAGE ROAD VACATION AREA ®�e FROM 50' SOUTH OF TO 1072' SOUTH OF ATLANTA AVE CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Resolution No.2010-78 GRAPHIC SCALE 1 inch =50 ft. N'LY LINE SEC 13 50 0 25 50 T6S, R11 W, S.B.M. ATLANTA AVE IN FEET ) (N89*37'06"E) _ NW'LY COR SEC 13 30' T6S, R11 W, SBM 50, 50' PER PM 84-590 A L3 ( ) = RECORD PER PARCEL MAP 441'40" IA 84-590, FILED 1N BOOK 202, PAGES 48 THROUGH 50 INCLUSIVE OF PARCEL MAPS. g' 8' 22' PARCEL 2, zo PM 84-590, o 6 202/48-50 PM I o = PORTION OF STATE HIGHWAY o ? EXI RELINQUISHMENT NUMBER 632, RECORDED 2/26/68, IN o SHEET 3 OF 3 8526/461 O.R., ALSO BEING , Wo A PORTION OF PARCEL 1, STATE HIGHWAY MAP BOOK - 5, PAGES 45 AND 46. 00 90 I 0 Ii0 £ LINE TABLE: I L3= S89'37'06"W, 88.00' W'LY LINE SEC 13 I E'LY LINE, PARCEL 1 00 z T6S, R11 W, SBM PER STATE HWY MAP o BOOK 5, PAGES 41 < > o PARCEL 2, AND 42. M -p PM 84-590, g 202/48-50 PM m o �22' t'P7 � H ® 60 EXHIBIT B BEACH BOULEVARD FRONTAGE ROAD VACATION AREA FROM 50' SOUTH OF TO 1072' SOUTH OF . ATLANTA AVE 0 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Resolution No.2010-78 Exhibit C SHEET 1 OF 2 THOSE CERTAIN LANDS LOCATED IN THE NORTH 1548.22 FEET, OF THE WEST 489.55 FEET, OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 6 SOUTH, RANGE 11 WEST, IN THE RANCHO LAS BOLSAS, IN THE CITY.OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, SAID LANDS ALSO BEING A PORTION OF PARCEL 1 OF STATE HIGHWAY RELINQUISHMENT NUMBER 632, RECORDED FEBRUARY 26, 1968, IN BOOK 8526, PAGE 461 OF OFFICIAL RECORDS, AS SHOWN ON THE MAP RECORDED IN BOOK 5, PAGES 45 AND 46 OF STATE HIGHWAY MAPS, ALL OF WHICH ARE LOCATED IN RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF PARCEL 2, AS SHOWN ON PARCEL MAP 84-590, FILED IN BOOK 202, PAGES 48 THROUGH 50 INCLUSIVE OF PARCEL MAPS, IN SAID RECORDS OF SAID COUNTY; THENCE EASTERLY ALONG THE NORTHERLY LINE OF PARCEL 1, OF SAID PARCEL MAP 84-580, NORTH 89037'06" EAST, 79.08 FEET, TO THE TRUE POINT OF BEGINNING, OF THIS DESCRIPTION; THENCE CONTINUING EASTERLY ALONG SAID NORTHERLY LINE, NORTH 89°37'06" EAST, 10.14 FEET TO THE INTERSECTION OF SAID NORTH LINE, WITH THE EAST LINE OF PARCEL 1 OF STATE HIGHWAY RELINQUISHMENT NUMBER 632, RECORDED FEBRUARY 26, 1968, IN BOOK 8526, PAGE 461 OF OFFICIAL RECORDS; THENCE NORTHERLY ALONG SAID EAST LINE, NORTH 09050'39" WEST, 133.85 FEET, TO THE BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 1000.00 FEET; THENCE CONTINUING NORTHERLY ALONG SAID EASTERLY LINE, THROUGH A CENTRAL ANGLE OF 9010'25", AN ARC DISTANCE OF 160.11 FEET; THENCE CONTINUING NORTHERLY ALONG SAID EASTERLY LINE, NORTH 00040'14" WEST, 730.41 FEET, TO A LINE PARALLEL WITH AND 50.00 FEET SOUTHERLY OF THE NORTH LINE OF SAID SECTION 13; THENCE WESTERLY ALONG LAST SAID PARALLEL LINE, SOUTH 89037'06"WEST, 10.00 FEET TO A LINE PARALLEL WITH AND 10.00 FEET WESTERLY OF THE EAST LINE OF SAID PARCEL 1 OF STATE HIGHWAY RELINQUISHMENT NUMBER 632, RECORDED FEBRUARY 26, 1968, IN BOOK 8526, PAGE 461 OF OFFICIAL RECORDS; THENCE SOUTHERLY ALONG.LAST SAID PARALLEL LINE, SOUTH 00040'14" EAST, 730.46 FEET, TO THE BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 1010.00 FEET; Legal Description BEACH BOULEVARD FRONTAGE ROAD WATER EASEMENT FROM 50' SOUTH OF TO 1072' SOUTH OF ATLANTA AVE ®jj me CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Resolution No.2010-78 Exhibit SHEET 2 OF 2 THENCE CONTINUING SOUTHERLY ALONG SAID PARALLEL LINE, THROUGH A CENTRAL ANGLE OF 9-10'25", AN ARC DISTANCE OF 161.71 FEET; THENCE CONTINUING SOUTHERLY ALONG SAID PARALLEL LINE, SOUTH 09050'39" EAST, 132.18 FEET, TO THE TRUE POINT OF BEGINNING. CONTAINING 10,244 SQUARE FEET MORE OR LESS (0.24 ACRES). EXHIBIT "D"ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. LAND C2 S�� v -< xo EXP. 12-31-11 A JOSEPH G. DERLETH PLS 7340, EXPIRES 12/31/11 L.S. 7340 TF DF CAL\FAR Legal Description BEACH BOULEVARD FRONTAGE ROAD WATER EASEMENT FROM 50' SOUTH OF TO 1072' SOUTH OF ATLANTA AVE ® � CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Resolution No.2010-78 NW'LY COR SEC 13 N'LY LINE SEC 13 T6S, R11 W, SBM T6S, R11 W, SBM PER PM 94-590 (N89'37'06"E) ATLANTA AVE 30'- 1 - - -- -- - - - - - - - L - - - -- - - PARCEL 2, PM 84-590,- 202/48-50 PM 8' I ' R �-: w 8 441 4, .r I 78' I 10.00' W'LY LINE SEC 13 I T6S, R11 W, SBMo I c: lo I 5 6 p. . eo RECORD PER PARCEL MAP m I 8lo 84-590, FILED IN BOOK 202, I 78' PAGES 48 THROUGH 50 PARCEL 2, PM 84-590, T 10.00' INCLUSIVE OF PARCEL MAPS 202/48-50 PM i { I ®=10.00' EASEMENT FOR WATER AND INCIDENTAL PURPOSES ►---110' TO THE CITY OF HUNTINGTON BEACH. z ' 06/16 oI I 00 I O I EXHIBIT PARCEL 2, PM 84-590, T= 202/48-50 PM 8' 10.00' SHEET 1 OF 3 78' 8° GRAPHIC SCALE -------�— — — — — — — — -1 1 inch =150 ft. N'LY LINE t50 I 75 Aso ' ( PARCEL 1 I PM 84-590 202/48-50 PM I ( IN FEET ) EXHIBIT D BEACH BOULEVARD FRONTAGE ROAD WATER EASEMENT FROM 50' SOUTH OF TO 1072' SOUTH OF ATLANTA AVE CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Resolution No.2010-78 l ATLANTA AVE 1 GRAPHIC SCALE 1 1 inch =50 ft. r(N89'37'06"E) �221 50 0 25 50 TNW'LY COR SEC 13S, R11W, SBMR PM 84-590 0 78 ( IN FEET ) ( ) = RECORD PER PARCEL MAP 10.00' 84-590, FILED IN BOOK 202, r r PAGES 48 THROUGH 50 ( � W E LY LINE, PARCEL 1 INCLUSIVE OF PARCEL MAPS. ooI PER STATE HWY MAP I oo BOOK 5, PAGES 41 (( )) = RECORD PER STATE I L AND 42. HIGHWAY MAP FILED IN BOOK °'- 5, PAGES 45 AND 46. F77�- 10.00' EASEMENT FOR WATER I o AND INCIDENTAL PURPOSES TO THE CITY OF HUNTINGTON - - BEACH. EXHIBIT D 0 SHEET 2 OF 3 g LINE TABLE: 8 L1= N89'37'06"E, 79.08' L2= N89'37'06"E, 10.14' ' L3= N00°40'14"W, 730.41' L4= S00'40'14"E, 730.46' 1 PARCEL 2, , PM 84-590, Z 202/48-50 PM o '' ? ' o co z C rn Ln I--w'LY LINE SEC 13 �i 1 o T6S, R11 W, SBM t° NE COR PARCEL � I o 0 1, PM 84-590, T A W 9) W 202/48-50 PM (`�° o POINT OF I co r-- -j COMMENCEMENT, ✓ m � SE COR PARCEL I 10.00 �78'8 W rf1 o I 2, PM 84-590. C, CA A `J 202/48-50 PM- OD. TRUE POINT OF g' BEGINNING I (88.00') - - - (54.9l') L1 N'LY LINE PARCEL 11 L2 1 (N89'37'06"E, 489.56')PM 84-590 EXHIBIT D BEACH BOULEVARD FRONTAGE ROAD WATER EASEMENT FROM 50' SOUTH OF TO 1072' SOUTH OF ATLANTA AVE CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS i I GRAPHIC SCALE N'LY LINE SEC 13 1 inch =50 ft. T6S, R11 W, S.B.M. 50 0 25 50 ATLANTA AVE (N89'37'06"E) _( IN FEET ) NW'LY COR SEC 13 30' T6S, R11 W, SBM 50' 50' I PER PM 84-590 L5 L6 ( ) = RECORD PER PARCEL MAP 44/40 P 40 84-590, FILED IN BOOK 202, PAGES 48 THROUGH 50 INCLUSIVE OF PARCEL MAPS. 8' 10.00' 8, 78' 22' PARCEL 2, 0 0 PM 84-590, I o O 202/48-50 PM I I 0 0 =10.00' EASEMENT FOR WATER I ? AND INCIDENTAL PURPOSES TO m g EXHIBIT D THE CITY OF HUNTINGTON SHE 3 OF 3 BEACH. U w w 0 0 0 LI NE TABLE: m L5= S8937'06"W, 10.00' OD L6= N89'37'06"E, 78.00' [TIE] co c C W'LY LINE SEC 13 E'LY LINE, PARCEL 1 z T6S, R11W, SBM PER STATE HWY MAP Mil o BOOK 5, PAGES 41 o I PARCEL 2, AND 42. M -� PM 84-590, 202/48-50 PM a-1 M f o 22- l r- o 8 I �r 78' , 10.00' Z of 8 m 1 EXHIBIT D BEACH BOULEVARD FRONTAGE ROAD WATER EASEMENT FROM 50' SOUTH OF TO 1072' SOUTH OF ATLANTA AVE to 1�j CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Res. No. 2010-78 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 October 18, 2010 by the following vote: AYES: Green, Bohr, Dwyer, Hansen NOES: None ABSENT: Carchio, Coerper, Hardy ABSTAIN: None �� Cyy Clerk and ex-offici6fClerk of the City Council of the City of Huntington Beach, California