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Home My WebLink AboutCity Council - 2012-13 RESOLUTION NO. 2012-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE VACATION OF THAT CERTAIN PUBLIC RIGHT-OF-WAY EASEMENT GENERALLY LOCATED WEST OF GOTHARD STREET AND NORTH OF CLAY AVENUE (CRYSTAL STREET VACATION) WHEREAS, on February 21 , 20 12 , the City Council of the City of Huntington Beach adopted Resolution No. 2012-06 declaring its intention to vacate that certain public right-of-way easement generally located west of Gothard Street and north of Clay Avenue, 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 March 19 , 20 12 , 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; and On March 19 , 20 12 s 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 easement 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 that certain public right-of-way easement generally located west of Gothard Street and north of Clay Avenue 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 certain public right-of-way easement generally located west of Gothard Street and north of Clay Avenue is hereby vacated; and that the sections so vacated are more particularly described and depicted on Exhibits A and B attached hereto and incorporated by this reference. 11-2910/64832 1 vacate Resolution No. 2012-13 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 public utility, water or sewer 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 19th day of March , 20 12 Mayor INITIATED AND APPROVED: REVIE D APPROVED Director of Public orks City er APPROVED AS TO FORM: �-- City Attorney 11-2910/64832 2 vacate Resolution No. 2012-13 EXXHIBIT "A" THAT PORTION OF LOT 23, BLOCK"C" PER BOOK 13668, PAGE 872 OF OFFICAL RECORDS OF ORANGE COUNTY, TOGETHER WITH THAT PORTION OF CRYSTAL STREET OF THE GARFIELD STREET ADDITION TO HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 21 OF SAID BLOCK"C";THENCE SOUTH 89042,15" EAST A DISTANCE OF 60.00 FEET TO THE SOUTHWEST CORNER OF LOT 21, BLOCK "B" OF SAID GARFIELD STREET ADDITION; THENCE NORTH 00' 17' 32" EAST ALONG SAID WESTERLY LOT LINE OF LOT 21,BLOCK"B", A DISTANCE OF 153.89 FEET TO A POINT ON A NONTANGENT CURVE, CONCAVE NORTHEASTERLY HAVING A RADIUS OF 370.00 FEET, SAID CURVE DESCRIBED IN THE FINAL ORDER OF CONDEMNATION AS SHOWN ON EXHIBIT"A"FOR ROADWAY ACQUISITION,AND RECORDED AS INSTRUMENT NUMBER 19990592245, RECORDS OF SAID COUNTY; THENCE NORTHWESTERLY ALONG SAID CURVE 213.67 FEET THROUGH A CENTRAL ANGLE OF 330 05' 13" TO A POINT OF TANGENCY WITH THE EASTERLY LINE OF SAID LOT 23 OF BLOCK "C"; THENCE NORTH 000 17' 32" EAST ALONG SAID EASTERLY LINE, 79.12 FEET TO THE NORTHEAST CORNER OF SAID LOT 23;THENCE NORTH 890 42' 15"WEST ALONG THE NORTHERLY LINE OF SAID LOT 23 TO A POINT ON A PARALLEL LINE BEGINNING 10.00 FEET WESTERLY,MEASURED AT RIGHT ANGLES, FROM THE EASTERLY LINE OF SAID LOT 23: THENCE SOUTH 00' 17' 32" WEST A DISTANCE OF 145.00 FEET ALONG SAID PARALLEL LINE TO THE SOUTHERLY LINE OF SAID LOT 23; THENCE SOUTH 89'42' 15"EAST A DISTANCE OF 10.00 FEET ALONG SAID SOUTHERLY LINE TO THE NORTHEAST CORNER OF LOT 22, BLOCK "C" OF SAID GARFIELD STREET ADDITION; THENCE SOUTH 00' 17' 32" WEST A DISTANCE OF 290.00 FEET ALONG THE EASTERLY LINES OF LOTS 22 AND 21 OF SAID BLOCK"C"TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 14,583 SQUARE FEET,MORE OR LESS. Josep artge,RCE 204 cl w o. 29242rn EXP: 3-31-13. qTF�F CA1=�F4� Resolution No. 2012-13 EXHIBIT 11B" PLAT TO ACCOMPANY LEGAL DESCRIPTION N89"42'15"W _-._._......_..........................--....10.00..... 8w O �� o b N89'42'28"W i { R.P. i I P �I J Iru , S8W42'15"E 10.00' b 0j c q A q i p W V N a _ ;. (PER PM MAP NO. _____ -• --._.___Q \�x`� 2000-207, 325/36 & 37)/ Ld CLAY S89°42'15"E� '' ' 1 I' Q(ZQF E SS I0� z r' w No. 29242 m EXP: 3-31-13 CIVIC- qTF OF CA�� CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, CALIFOMIA THIS PLAT IS.SOLELY AN AID IN LOCATING THE LINES DESCRIBED IN THE TETRA TECH ATTACHED DOCUMENT. IT IS NOT A PART OF THE WRITTEN DESCRIPTION THEREIN. SCALE: DRAWN BY: DATE: SHEET: SUBJECT: J08 NO. 1"=80' EM JAN 25, 2012 1 OF-1 1 CRYSTAL STREET VACATION 134-09383-08001 Resolution No. 2012-13 EXHIBIT"C" THAT PORTION OF CRYSTAL STREET OF THE GARFIELD STREET ADDITION TO HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, IN RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 21 OF SAID BLOCK"C"; THENCE SOUTH 89042'15" EAST A DISTANCE OF 60.00 FEET TO THE SOUTHWEST CORNER OF LOT 21, BLOCK "B" OF SAID GARFIELD STREET ADDITION; THENCE NORTH 00' 17' 32" EAST ALONG SAID WESTERLY LOT LINE OF LOT 21, BLOCK "B", A DISTANCE OF 153.89 FEET TO A POINT ON A NONTANGENT CURVE, CONCAVE NORTHEASTERLY HAVING A RADIUS OF 370.00 FEET, SAID CURVE BEING DESCRIBED IN THE FINAL ORDER OF CONDEMNATION AS SHOWN ON EXHIBIT "A" FOR ROADWAY ACQUISITION, AND RECORDED AS INSTRUMENT NUMBER 19990592245, IN RECORDS OF SAID COUNTY, A RADIAL LINE TO SAID POINT BEARS SOUTH 57012'19" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE 213.67 FEET THROUGH A CENTRAL ANGLE OF 330 05' 13" TO A POINT OF TANGENCY WITH THE EASTERLY LINE OF SAID LOT 23 OF SAID BLOCK "C"; THENCE SOUTH 000 17' 32" WEST A DISTANCE OF 355.87 FEET ALONG THE EASTERLY LINES OF LOTS 23 AND 22 AND 21 OF SAID BLOCK"C"TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 13,132 SQUARE FEET,MORE OR LESS. LAND Ste, * Na?m I � Joseph Derleth, PLS 7340 Expires 12/31/13 �CAt.I Resolution No. 2012-13 EXHIBIT"D" n n II II it o � u H89'42'28"W yt iy R.P. p I it t I tl Q tt,t,� �y ® al 'rt, N m ^ !i (PER PM MAP NO. r;J 2000-207, 325/36 & 37)iCD hd a ----r— /i'%ter `�� :��`'y.� •:•� %• . CLAY L� f,19*42'1 5"E - --- —— ----�-- '— JJ I t 1 1/f ' ! JI Res. No. 2012-13 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON REACH 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 a regular meeting thereof held on March 19, 2012 by the following vote: AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, Boardman NOES: None ABSENT: None ABSTAIN: None a L. P. Cit lerk and ex-officio rk of the City Council of the City of Huntington Beach, California