HomeMy WebLinkAboutCity Council - 2016-26 R.1SOLUTION NO. 2016-26
A RESOLUTION OF TITI CITY COUNCIL OF T1Tl? CITY 017 HUNTINGTON BEACH
ORDLIZING 'TII�E VACATION OF THAT CERTAIN PUBLIC RIGHT-OF-WAY
EASEMENT GlE.NERALLYLOCATM AT THE SOUTHERN
TERMINUS OF DELAW/LRE STREET
W1-17REAS, on July 18z 2016, the City Council of the City of
Huntington Beach adopted Resolution No. 2016-25 _declaring its intention to vacate that
certain public Rigby-of-way easement generally located at the southern terminus of Delaware
Street, 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 August 15 2016, 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
tinge 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 snore than three Hundred (300) feet apart and at least three (3) were posted; and
On August 15, f_— 2016, at the hour of 6:00 P.M., in the Council Clianlbers
in the Civic Centel*, the City Council of the City of I.iuutington Beach did convene for the
purpose of hearing all persons interested in or objecting to the, proposed vacation, at "vhich 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 it is not suitable for use
or development as bicycle paths or routes,
NOW, 'ITIEREFORE, the City Council of the City of Huntington Beach, pursuant to
Division 9, Part 3, Chapter 3 of t:he California Streets and Highways Code, commencing with
Section 8320, does resolve tlia.t the that certain public right-of-way easement gener111y Located at
the southern terminus of Delaware Street 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 at the
southern terminus of Delaware Sheet is hereby vacated; and that the sections so vacated
are more particularly described and depicted on E lifibits A and 13 attached hereto and
incorporated by this reference.
16-5199/13473 5 1
RESOLUTION NO. 2016-26
The Cite hereby reserves and excepts from the vacation a permanent easement and right
at any time or Froni time to time, to construct, maintain, operate, replace, remove, and/or renew
pu-blic utilitN7 water or sewer ,lines, and for the transportation or distribution of eater uicludulg
access to and :from the property for said purpose. all as more particularly described and depicted
on Exhibits C and 1) attached hereto and incorporated by tivs reference.
PASSED AND ADOPTED by the City Council of the City of Iluntington Beach at a
regular rneeting held thereof on the 15th day of, 20 6.
-------- -Mayor ------ --
INITIATED AND AP. ROVED:
RE VIE E D APPROVED
_ _ Director of Publ , Works
n y M-anager
APPROVED AS j-,ORNJ—
Cityy Attorney
141c9
16-51,99/134735 2
EXHIBIT "A"
LEGAL DESCRIPTION SEP 15 2015
VACATION PORTION OF DELAWARE STREET ' 7-0-1-AL PROPERTY
( _ MANAGEMENT
THE LAND REFERRED TO HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY
OF-ORANGE-STATE-CIF-CAL-I F-ORNIA.
BEING A PORTION OF DELAWARE STREET AS DEDICATED TO THE CITY OF HUNTINGTON
BEACH IN TRACT NO. 9580, AS PER MAP RECORDED IN BOOK 444, PAGES 29 THROUGH 31,
INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
ORANGE COUNTY, CALIFORNIA, MORE PARTICULLARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF SAID DELAWARE STREET AND ATLANTA AVENUE AS
SHOWN ON SAID TRACT NO. 9580; THENCE SOUTHERLY ALONG THE CENTERLINE OF SAID
DELAWARE STREET SOUTH 00043'14" WEST A DISTANCE OF 734.69 FEET TO THE BEGINNING
OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 500.00 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4014'01" AN
ARC LENGTH OF 36.95 FEET TO A POINT ON SAID CENTERLINE AND THE TRUE POINT OF
BEGINNING, TO WHICH POINT A RADIAL LINE BEARS NORTH 86°29'13" WEST; THENCE
DEPARTING SAID CENTERLINE SOUTH 89033'59" EAST A DISTANCE OF 32.89 FEET; THENCE
SOUTH 80017'52" EAST A DISTANCE OF 7.20 FEET TO A POINT ON THE EASTERLY RIGHT OF
WAY LINE OF SAID DELAWARE STREET AND THE BEGINNING OF A NON-TANGENT CURVE
CONCAVE NORTHWESTERLY HAVING A RADIOUS OF 540.00 FEET, TO WHICH POINT A RADIAL
LINE BEARS NORTH 86°35'31" WEST; THENCE SOUTHWESTERLY ALONG SAID RIGHT OF WAY
LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 27027'28" AN ARC LENGTH OF 258.78
FEET TO A POINT ON THE WESTERLY BOUNDARY LINE OF SAID TRACT NO. 9580; THENCE
NORTHERLY ALONG SAID BOUNDARY LINE NORTH 00043'14" WEST A DISTANCE OF 246.71
FEET; THENCE DEPARTING SAID BOUNDARY LINE SOUTH 89°33'59" EAST A DISTANCE OF 38.64
FEET TO THE CENTERLINE OF SAID DELAWARE STREET AND THE TRUE POINT OF BEGINNING.
CONTAINING AN AREA OF 12,381 SQUARE FEET MORE OR LESS
QROFESSlO
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19 1?J31/2015 r RAN AL 1 ST ETER, *.C.E. 83
EXPIRES 12-31-15 (P�9�F ClVIrL ��P
Op CALIFOP
xB -251- Item 13. - 5
EXHIBIT " B"
DELAWARE STREET VACATION
N89'43'00"E 1325.10'
40.00'
�O ` S� AMAWA o AVEME
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0
0
8 0'
40' 40' -7 50'
LOTS
Z
�I
N89'33'59 71.53' L=38.91' Ott
38.64 32.89' N86'35'31"W
RAD LOT 1
NN N80'17'52"W POFESS/p�
`ter �; 7.20'
o o N 1
Z o N cs Q NO.25083 " z
i MP 12/31/2015 m
QOF CAL\F�
Q C)�
Q
40,
N67'38'48"W
RAD � LOT 2
0
CJ
SCALE: 1' = 60'
N59'08'03"W
RAD
LOT 3
M �
ADAMS•STREETER
DATE: 04-27-15 CIVIL, ENGINEERS INC.
JA 14-1994 N89'43'00"W 1325.54' 15 Corporate Peck,Irving CA 926M
949)474-2330 Fax_949)474-0251
Item 13. - 6 HB -252-
Res. No. 2016-26
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU the duly appointed, 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 August 15, 2016 by the
following vote:
AYES: Posey, O'Connell, Sullivan, Delgleize, Peterson
NOES: None
ABSENT: Katapodis, Hardy
ABSTAIN: None
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California