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Home My WebLink AboutAdopt Resolution 2015-12 for Summary Vacation of a Portion o tf' Dept. ID PW 15-007 Page 1 of 2 Meeting Date:3/2/2015 CITY OF HUNTINGTON BEACH Few ,- REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 3/2/2015 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Adopt Resolution No. 2015-12 for the Summary Vacation of a Portion of an Existing Public Street Easement for Pacific View Avenue at the Pacific City Commercial/Retail Development. Statement of Issue: Pursuant to the project requirements, Conditions of Approval, and Chapter 4 of the California Streets and Highways Code (CSHC), the Public Works Department requests that City Council adopt a Resolution to summarily vacate a nine-foot portion of the public street easement for Pacific View Avenue at the Pacific City Commercial/Retail Development. Financial Impact: Not Applicable. Recommended Action: A) Adopt Resolution No. 2015-12, "A Resolution of the City Council of the City of Huntington Beach Ordering the Summary Vacation of a Street Easement on Property Located at Pacific City (Tract Map Number 16338)" including Exhibits A and B; and, B) Instruct the City Clerk to record said Resolution (and attachments) with the Orange County Recorder. Alternative Action(s): Deny the recommended action. Denial of the recommended action would preclude the project from complying with the adopted Conditions of Approval for Entitlement Plan Amendment 13-001 which require that the southerly nine-feet of the existing Pacific View Avenue right-of-way shall be vacated. Analysis: The retail site of the Pacific City property (located at 21002 Pacific Coast Highway) is currently encumbered with an existing ninety (90) foot public street easement for Pacific View Avenue, which was dedicated to the City of Huntington Beach in August 2007, on Final Tract Map No. 16338. (Attachment 1, Exhibit B). Subsequent to new property ownership, on August 27, 2013, a new site plan layout was approved by the City Planning Commission as Entitlement Plan Amendment (EPA) No. 13-001. This revised site plan layout requires a street right-of-way of just eighty one (81) feet. Consequently, a nine (9) foot portion of the original 90-foot right-of-way easement is no longer needed, and approval of the HB -69- Item 7. - I Dept. ID PW 15-007 Page 2 of 2 Meeting Date:3/2/2015 EPA was conditional upon the removal (via formal vacation process) of the excess portion of the existing easement. The excess nine-foot portion of the existing 90-foot easement has not been used since its original dedication to the City in 2007, due to the extended period of construction inactivity at the site and ultimate change in ownership. Pursuant to Section 8333.a of the CSHC, because it has not been used for its intended purpose for a period of five years or more, a summary vacation is appropriate at this time. Pursuant to Government Code Section No. 65402, upon vacation of the nine-foot portion of public street easement for Pacific View Avenue at the commercial/retail site, the rights to the underlying land would revert back to the fee owner of the property (PC Group Retail, LLC). The vacation of the (public street) easement would not require Planning Commission Approval for General Plan Conformance. Environmental Status: The proposed project is categorically exempt pursuant to Class V: Alterations in Land Use Limitations, sub-section (a) minor street, alley and utility easement vacations, of Resolution No. 4501 of the City of Huntington Beach. Strategic Plan Goal: Improve the City's infrastructure Attachment(s): 1. Resolution No. 2015-12, "A Resolution of the City Council of the City of Huntington Beach Ordering the Summary Vacation of a Street Easement on Property Located at Pacific City (Tract Map Number 16338)" including Exhibits A and B. Item 7. - 2 HB -70- This Document was electronically recorded by City of Huntington Beach PLEASE COMPLETE THIS INFORMATION Recorded in Official Records, Orange County RECORDING REQUESTED BY: Hugh Nguyen, Clerk-Recorder II�IIIIIIII�I��IIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�I� III NO FEE 2015000112957 10:27am 03/04/15 AND WHEN RECORDED MAIL TO: 90 402 R28 6 0.00 0.00 0.00 0.00 15.00 0.00 0.00 0.00 City of Huntington Beach Attn: Joan L. Flynn City Clerk ' s Office P. 0. .Box 190 Huntington Beach, CA 92648 THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT: RESOLUTION NUMBER 2015-12 This document is solely for the 0MC181 bueim m of the City of Hunungton Beach,as contemplated under Government Code Sec.6103 and should b9 recorded free of fie, THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) RESOLUTION NO. 2015-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE SUMMARY VACATION OF A STREET EASEMENT ON PROPERTY LOCATED AT PACIFIC CITY (TRACT MAP NUMBER 16338) WHEREAS, the City of Huntington Beach wishes to summarily vacate a nine-foot easement for Pacific View, which was dedicated on the original Pacific City Tract Map No. 16338 and has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation. The project site was reconfigured through an approved Entitlement Plan Amendment (EPA 13-001). There are no public facilities located within the easement to be vacated. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. Pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highways Code, commencing with Section 8333, the City Council of the City of Huntington Beach hereby orders the summary vacation of a nine-foot portion of a public street easement for Pacific View, which was dedicated on the original Pacific City Tract Map No. 16338 and more is particularly described on Exhibits A and B attached and incorporated herein by this reference. 2. The City Council does hereby confirm that the easement herein vacated has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation. 3. The City Council hereby declares that from and after the date of the recordation of this resolution that the easement herein identified shall no longer constitute a public easement. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2nd day of March , 2015. '400,d� W REVIE ND APPROVED: APPROVED n City Iai er it Attorney v_ - 1 7- 1 j INITIATED AND APPROVED: irector of Public Wo s 14-4289/111470 Resolution 2015-12 EXHIBIT"A" RIGHT OF WAY VACATION LEGAL DESCRIPTION In the City of Huntington Beach, County of Orange, State of California, being those portions lying within the Right of Way of Pacific View Avenue as shown on Tract No. 16338, per a map filed in Book 893, Pages 7 through 12, inclusive, of Miscellaneous Maps, in the office of the County Recorder of said County, described as follows: PARCEL A: Beginning at the northwesterly terminus of that certain course in the southwesterly line of said Pacific View Avenue shown on said map as "N48°21'23"W 293.20"'; thence along said southwesterly line, South 48°21'23" East 266.56 feet; thence North 3°21'53" West 12.73 feet to a line parallel with and distant 9.00 feet northeasterly from said southwesterly line; thence along said parallel line, North 48°21'23" West 257.56 feet to a curve concave southerly having a radius of 27.00 feet said curve being tangent at its westerly terminus with the northeasterly prolongation of that certain course in the northwesterly line of Lot 2 of said Tract, shown on said map as "N41°39'00"E 270.51"'; thence westerly 42.41 feet along said curve through a central angle of 89°59'37" to said northwesterly prolongation; thence along said prolongation South 41°39'00" West 9.00 feet to the northeasterly terminus of said course, also being the beginning of that certain curve in the northerly line of said Lot 2 being a non-tangent curve concave southerly having a radius of 27.00 feet, a radial line to the beginning of said curve bears North 48°21'00" West; thence easterly 42.41 feet along said curve through a central angle of 89°59'37" to the Point of Beginning. Containing an area of 2,602 square feet. PARCEL B: Commencing at the northwesterly terminus of that certain course in the southwesterly line of said Pacific View Avenue shown on said map as "N48°21'23"W 293.20"'; thence along said southwesterly line the following two(2)courses: Revised:July 30,2014 June 04,2014 WO No. 3892 Pagel of 2 H&A Legal No.8161 By: L. Fair Checked By:R.Wheeler Resolution 2015-12 EXHIBIT"A" RIGHT OF WAY VACATION LEGAL DESCRIPTION 1. South 48°21'23" East 293.20 feet to a curve concave northeasterly having a radius of 1245.00 feet and 2. southeasterly 29.74 feet along said curve through a central angle of 1°22'07" to the Trace Point of Beginning;thence continuing along said southwesterly line the following two(2)courses: 1. southeasterly 306.66 feet along said curve through a central angle of 14°06'46" and 2. South 63°50'17" East 145.11 feet; thence North 1.9°02'28" West 12.77 feet to a line parallel with and distant 9.00 feet northeasterly from said southwesterly line; thence along said parallel line, North 63050'17" West 136.04 feet to a curve concentric with and 9.00 feet northeasterly from said southwesterly line; thence northwesterly 295.31 feet along said concentric curve through a central angle of 13°41'21"; thence non-tangent from said curve South 85°37'04" West 12.85 feet to the True Point of Beginning. Containing an area of 3,973 square feet. All as shown on Exhibit`B"attached hereto and by this reference made a part hereof. LAND S&�GF J Lisa K. Fair Lisa air,L.S.No. 299 No.8299 Date: z c1']9< OF CA Revised:July 30,2014 June 04,2014 WO No. 3892-3 Page 2 of 2 H&A Legal No. 8161 By:L.Fair Checked By:R.Wheeler Resolution 2015-12 EXHIBIT 9999 Sketch to Accompany Legal Description / CURVE TABLE / CURVE DELTA RADIUS LENGTH �� C1 13041'21" 1236.00' 295.31' G \ (C2) 15028'54" 1245.00' 336.40' �� == 2,602PARCEL (C3) 89059'37" 27.00' 42.41' \ C4 14006'46" 1245.00' 306.66' X%\ C5 1022'07" 1245.00' 29.74' C6 89059'37" 1 27.00' 42.41' PARCEL B 3,973 S.F. \ QP o• �`' o � cQ \ '00 � s / �Q LAND 5 No. 8299 9TF r7F L�� CA LINE TABLE LINE BEARING LENGTH L1 N48021'23"W 257.56' L2 N63050'17"W 136.04' b �8 L3 S63050'17"E 145.11' LISA KAY FAIR, L.S. 8299 ATE (1-4) N48°21'23"W 293.20' L5 S41°39'00"W 9.00' (1-6) N41039'00"E 270.51' L7 S85037'04"W 12.85' L8 N19002'28"W 12.77' L9 N03021'53"W 12.73' L10 N40016'30"E RAID ( ) INDICATES RECORD DATA PER TRACT NO. L11 N39051'04"E RAID 16338, M.M. 893/7-12 AND LOT LINE ADJUSTMENT L12 S48021'23"E 266.56' NO. LLA 2013-002, INST. NO. 2013-647256 O.R. HUNSAKER & ASSOCIATES RIGHT OF WAY VACATION ®s I R V I N E I N C . PLANNING - ENGINEERING - SURVEYING Three Hughes • Irvin CA 92618 - PR(949)583.1010 • M.(949)583-0759 CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE,STATE OF CAUFORNIA DATE: 10 16 13 oA� 7 30 14 °BYG T• VO By.d L. FAIR SCALE: 1"= 200' W.O. 3892-3 FILE I: \Pacific City\Id\8161\SHT01.dwg H&A LEGAL No. 8161 SHEET 1 OF 1 Res. No. 2015-12 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 a Regular meeting thereof held on March 02, 2015 by the following vote: AYES: Posey, O'Connell, Katapodis, Hardy, Sullivan, Delgleize, Peterson NOES: None ABSENT: None ABSTAIN: None City rk and ex-officio Ferk of the City Council of the City of Huntington Beach, California