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Home My WebLink AboutEdinger Plaza - Summary Vacation of Water Line Easement 7490 Council/Agency Meeting Held: Deferred/Continued to: AAppr ed ❑ Conditionally Approved ❑ Denied ,,g,40 City erk's ignat r ti Council Meeting Date: October 15, 2012 Department ID Number: PW 12-055 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION 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. 2012-68 ordering the Summary Vacation of a Water Line Easement at 7490-7564 Edinger Avenue (Edinger Plaza) Statement of Issue: The Public Works Department requests that the City Council adopt a Resolution to summarily vacate a water line easement at 7490-7564 Edinger Avenue pursuant to Division 9, Part 3, Chapter 4 of,the California Streets and Highways Code commencing with Section 8334(a). Public notice is not required for a summary vacation of a public service easement. Financial Impact: Not Applicable. Recommended Action: Motion to: A) Adopt Resolution No. 2012-68, "A Resolution of the City Council of the City of Huntington Beach Ordering the Summary Vacation of a Water Line Easement on Property Located at 7490-7564 Edinger Avenue;" and, B) Authorize Director of Public Works to determine a specific date to instruct the City Clerk to record the said Resolution and attached exhibits with the Orange County Recorder. Alternative Action(s): Deny the recommended action. HB -83- Item 7. - 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 10/15/2012 DEPARTMENT ID NUMBER: PW 12-055 Analysis: The property at 7490-7564 Edinger Avenue (Edinger Plaza) has an, existing public water line easement over a portion of the site that was dedicated to the City of Huntington Beach by an Easement Deed Recorded October 31, 1975 as Document No. 35678 in Book 11555, pages 921 through 927 inclusive, in Records of the Office of the Orange County Recorder, State of California. This existing public water line easement is used for the public water lines, fire hydrants and water meter assemblies that served the existing commercial development. With the current new reconstruction and remodeling of the site for commercial development purposes, portions of the existing public waterline and some of the water services had to be abandoned and new waterlines constructed along with additional water services and other water facilities. It is necessary that the existing water line easements be vacated and new water line easements that cover the existing and new public waterlines be dedicated to the City of Huntington Beach. Watt Properties, Inc., General Partner of the Owners, Huntington Beach No. 1, a California limited partnership (Owner and Developer of Development site) has requested that the City vacate the existing water line easement. Upon vacation of this water line easement, the rights to the underlying land would revert back to the fee owner of the property. The vacation of the water line easement (public service easement) does not require a Planning Commission Approval for General Plan Conformance under Government Code Section No. 65402. Unlike the general street vacation process, the summary vacation of a public service easement does not have public noticing requirements, nor does it require a separate public hearing prior to the City Council taking action. Public Works Commission Action: Not Required. Strategic Plan Goal: Not Applicable. 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 Attachment(s): 1. Resolution No. 2012-68, "A Resolution of the City Council of the City of Huntington Beach Ordering the Summary Vacation of a Water Line Easement on Property Located at 7490-7564 Edinger Avenue" Item 7. - 2 HB -84- ATTACHMENT # 1 This Document was electronically recorded by City of Huntington Beach PLEASE COMPLETE THIS INFORMATION Recorded in Official Records,Orange County RECORDING REQUESTED BY: Tom Daly, Clerk-Recorder IIIWIIIIIIIIIu��I��IIII�IIIIIIII�II�u�I��I�VI��IIIIIV111111111N0 FEE 2012000633179 12:41 pm 10/17/12 65 404 R28 5 AND WHEN RECORDED MAIL TO: 0.00 0.00 0.00 0.00 12.00 0.00 0.00 0.00 -- City of Hunti-ngton 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 2012-68 This document Is solely for the ofiidsd business of the City of Hunting1w Beach,as contemplated under Govem rent Code Sec, tree Of c3 WA should b 9 re=ded THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION iedditinnal recordina fee aoallesl RESOLUTION NO. 2012-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE SUMMARY VACATION OF A WATER LINE EASEMENT ON PROPERTY LOCATED AT 7490-7564 EDINGER AVENUE WHEREAS,the City of Huntington Beach wishes to summarily vacate an easement for water line purposes at 7490-7564 Edinger Avenue. 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 public service easement for water line purposes located at 7490-7564 Edinger Avenue and more 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 been superseded by relocation and there are no other public facilities located within the easement. 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 service easement. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th day of October , 2012. Mayor REVPger D APPROVED: AP P OVED AS TO FORM: Ci ty Atto ey �r�,'\V :INITIATED AND APP OVED: Director of Public Wor s 12-3172/75907.doc Resolution No. 2012-68 EXHIBIT «A33 LEGAL DESCRIPTION IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING ALL OF THAT CERTAIN WATER LINE EASEMENT DESCRIBED IN THE EASEMENT DEED RECORDED ONCLOUSIVE, OFFICIAL REOCUMENT NO. 35678 CORDS OF ORANGE IN BKCOUONOTY,I 1555, PAGES 921 THROUGH 92 CALIFORNIA. THE ABOVE LEGAL DESCRIPTION IS DELINEATED ON EXHIBIT "B" AND IS MADE A PART HEREOF FOR REFERENCE PURPOSES. THIS DESCRIPTION WAS PREPARED BY ME, OR UNDER MY SUPERVISION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. 7EG CAL APOTHELOZ P.L.S. 7734 PASCpIISTRATION EXPIRES 12/31/11 f0 APOTHELOZ 0 DATE PREPARED: 11/08/11 � EXP./t•T/-// x' LS7734 OF EXHIBIT"A" - Page 1 of 1 L:\2009\09-150 Watt Retail Edinger Plaza\Exhibit\Quitclaim\Quitclaim.doc Resolution No. 2012-68 EXHIBIT "B" PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR EXHIBIT "A" SOUTHERN PACIFIC RAILROAD - F--_____===—fir=== II II rJl'=—-JL =J� II Ir ---- II I� �- t_� w ,I N 11 11 JII 11 wI > I to =JI 3 � I 2 N E C%1 I I Or II II A _ti I1 �I w En �I I� w Q —z II II —_ rn IL J1 PA APO H LR. ELGZ E 11 II EXP.Or f- 1 �n LS7734 X i 11 OF CPS�Fj ° N S H E R LANE C w LEGEND EXISTING LOT LINE -————- INDICATES EXISTING WATER LINE EASEMENT BEING VACATED PER SCALE: 1"=150' o DOCUMENT NO. 35678 IN BOOK 11555, PAGE 921 THROUGH 927 37 INCLUSIVE, RECORDS OF ORANGE COUNTY. SHEET 1 OF 1 LO 160 S.Old Springs Rood,Ste.210 CD EXHIBIT "B" Engineering, Inc. Anaheim Hills,California 92808 CD CITY OF HUNTINGTON BEACH, CALIFORNIA Civil Engineering/Land Surveying/Land Planning (714)685-6860 J Res. No. 2012-68 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 a Regular meeting thereof held on October 15, 2012 by the following vote: AYES: Shaw, Harper., Dwyer, Hansen, Carchio, Bohr, Boardman NOES: None ABSENT: None ABSTAIN: None JCilerk and ex-officio rk of the City Council of the City of Huntington Beach, California Esparza, Patty From: Winchak, Kris Sent: Wednesday, October 17, 2012 11:16 AM To: Esparza, Patty Cc: Milani, Bob; Lee, Duncan Subject: RE: Summary Vacation, Edinger Plaza Patty, The Summary Vacation can be recorded immediately,there is no hold on it. Please provide a copy of recorded resolution when you can. Thanks Kris Winchak From: Milani, Bob Sent: Wednesday, October 17, 2012 10:42 AM To: Winchak, Kris; Lee, Duncan Subject: FW: Summary Vacation, Edinger Plaza Please let Patty know. Thanks, Bob From: Esparza, Patty Sent: Wednesday, October 17, 2012 10:35 AM To: Milani, Bob Subject: Summary Vacation, Edinger Plaza Hi Bob — in regards to the Resolution ordering the Summary Vacation @ Edinger Plaza adopted by council Monday night, do you have any idea when it should be recorded with the OC Recorder? The RCA Recommended Action states the PW Director will determine a specific date to instruct the City Clerk to record said resolution. I'm just trying to get a feel for an approximate time line. Thanks for your help! Patty Esparza, CMC Senior Deputy City Clerk City of Huntington Beach 714-536-5260 `please think of trees before you print 1