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HomeMy WebLinkAboutResolution 2004-38 - Summary Vacation of Excess Right-of-Way CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK January 26, 2005 To whom it may concern: The City Council of the City of Huntington Beach at the regular meeting held on June 7, 2004 adopted Resolution No. 2004-38 ordering the summary vacation of the excess right- of-way easement at 306 Indianapolis Avenue. Enclosed is a certified copy of said recorded resolution for your records. Joan L. Flynn City Clerk JF:pe Enclosure: Certified Copy of Resolution No. 2004-38 Copies to: RDMD Geomatics O C Water District O C Assessor's Office Verizon Communications Registrar of Voters-Map Section O C County Clerk Verizon,Incorporated So.Ca.Edison Co.Vince Cichoski Thomas Bros.Maps H B Main Post Office-Warner So.Ca.Edison Co.Jerry Dominguez O C Sanitation District H B Postal Substation-Atlanta So.Ca.Gas Co.-Ray Turuno H B Postal Substation-Olive So.Ca.Gas Co.-Joe Carton In-house: ................................... So.Ca.Gas Co.-Bob Worth Planning: Transportation Dist. 12-Maintenance Div. Transportation Dist.7-Traffic Division Carvalho/Zelefsky Fire Metro Net Communication Center O C Board of Supervisors Water Ops.Manager Postal Service Address Mgmt.Systems Metro Water District of Southern California Fire Department: Map Maker Police Chief Emerg Svc Coordinator(Fire) g:/followup/vacations/vacstitr2001.doc (Telephone:714-536-5227) SOUTHERN CALIFORNIA GAS CO RDMD GEOMATICS THOMAS BROS MAPS ATTN JOE CARTON P O BOX 4048 17731 COWEN 1919 S STATE COLLEGE SANTA ANA,CA 92702-4048 IRVINE,CA 92714 ANAHEIM,CA 92803 VERIZON COMMUNICATION. ORANGE COUNTY WATER DISTRICT DEPARTMENT OF TRANSPORTATION ATTN RIGHT OF WAY AGENT ATTN DON JACKSON DISTRICT 12-MAINTENANCE DIV ....................... P O BOX 8300 ATTN JOHN KENAN 200 W OCEAN BLVD—3id FLOOR FOUNTAIN VALLEY,CA 92728 3347 MICHELSON DRIVE SUITE 100 LONG BEACH,CA. 90802 IRVINE,CALIFORNIA 92612-1682 SOUTHERN CALIFORNIA EDISON ORANGE COUNTY SANITATION DIST. POSTAL SERVICE ATTN VINCE CICHOSKI ATTN ENGINEERING DEPARTMENT ADDRESS MGMT SYSTEMS 7333 BOLSA AVENUE COUNTY SANITATION DIST#3 ATTN BETTY PILON WESTMINSTER,CA 92683 P O BOX 8127 3101 W.SUNFLOWER AVENUE FOUNTAIN VALLEY,CA 92708 SANTA ANA,CA 92799-9316 CLERK OF THE BOARD JEAN FERRELL,MGR. O.C.BOARD OF SUPERVISORS 10 CIVIC CENTER PLAZA,RM.465 METRO NET COMM.CTR. 10 CIVIC CENTER PLAZA SANTA ANA,CA 92701 201 S.ANAHEIM BLVD.,STE.301 SANTA ANA,CA 92701 714-834-2206 ANAHEIM,CA 92805 METRO WATER DIST OF SO CALIF ATTN CIVIL ENGINEER SUBSTRUCTURE SECTION P O BOX 54153 TERMINAL ANNEX LOS ANGELES,CA 90054 O.C.ASSESOR'S OFFICE REGISTRAR OF VOTERS MAP SECTION POSTAL SUBSTATION JACK WALKER REAL PROPERTY DEPT ATTN THOMAS J.RENOCK IDA J HAXTON STATION P O BOX 149 P O BOX 11298 9151 ATLANTA AVENUE SANTA ANA,CA 92702 SANTA ANA,CA 92711 HUNTINGTON BEACH,CA 92648 SOUTHERN CALIFORNIA GAS CO HUNTINGTON BEACH POST OFFICE ATTN RAY TURUNO 316 OLIVE AVENUE(&Main) P O BOX 3334 HUNTINGTON BEACH,CA 92648 ANAHEIM,CA 92803 HUNTINGTON BEACH POST OFFICE SOUTHERN CALIFORNIA GAS CO. VERIZON,INC. ATTN TOM MANETTA ATTN BOB WORTH ATTN TEDDIE GAGE 6771 WARNER AVENUE P O BOX 3334 MAJOR ACCTS.THIRD FLOOR HUNTINGTON BEACH,CA 92647 ANAHEIM,CA 92803 2801 TOWNS GATE ROAD THOUSAND OAKS,CA 91361 DEPARTMENT OF TRANSPORTATION SOUTHERN CAL EDISON CO. DISTRICT 7 TRAFFIC DIVISION ATTN JERRY DOMINGUEZ ATTN BURT CLARK 7333 BOLSA AVENUE 120 SOUTH SPRING STREET WESTMINSTER,CA 92683 LOS ANGELES,CA 90012 1/23/04 g:pattye/streets renamed IN HOUSE: IN HOUSE: IN HOUSE: WATER OPERATIONS MANAGER (1)FIRE DEPARTMENT/MAP MAKER (1)WAYNE CARVALHO/ASSOCIATE PLANNEI WATER DEPARTMENT (1)FIRE DEPT/EMERG SVC COORDINATOR HUNTINGTON STREET (1)POLICE CHIEF (1)HOWARD ZELEFSKYlZONING COORDINATOR 1/23/04 g:pattye/streets renamed ' PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: . Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder 11111IM11IIIII"IIIII111 Oil 11iIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIliltIIIINO FEE AND WHEN RECORDED MAIL TO: 200400055281210.41 am 06/18/04 211 128 R28 5 CITY OF HUNTINGTON BEACH 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Attn: Joan Flynn, City Clerk City Clerk's Office P. 0. Box 190 -- 2000 Main St. Huntington Beach, CA 92648 THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT: RESOLUTION NUMBER 2004-38 1/hh J C� (o /AJZ/. PO v s # llJE. 9z� (SPs -b�0a) 7�671PJS7— C� This doaxr*M Is sot*for d"of*" business of the City of fMxh*vIon beech,as oonlen>pialed under oovemennt Code Sea 6103 and should be recorded fro"of charge. THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) RESOLUTION NO. 2004-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE SUMMARY VACATION OF THE EXCESS RIGHT- OF WAY EASEMENT AT 306.INDL=ANAPOLIS AVENUE. WHEREAS, THE City Council of the City of Huntington Beach wishes to summarilyvacate an easement which is excess right-of-way and is not required for street or highway purposes pursuant to California Streets and Highways Code Section 8334(a); and Said right-of-way is the frontage of 306 Indianapolis 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 8334(a),the City Council of the City of Huntington Beach hereby orders the vacation of the excess right-of-wavy easement located on the frontage of 306 Indianapolis Avenue. 2. The right-of-way easement hereby-vacated is more particularly described on the attached Exhibit"A" Legal Description and by this reference made a part hereof. The plat'.described as Exhibit"B".in Exhibit a and attached thereto is made.a'part hereof by this reference. The City Council does hereby confirm that the easement herein vacated is excess right-of- way and is not required for street or highway purposes. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of June , 200 t_. r APPROVED AS TO FORM Clerk City Attorne REVIE / D AND PLED-. IATED ANDAPPRO City Administrator Director of Public Works " 04reso/vacate/5/17/04 aF 101 - 1 P EXHIBIT "A" LEGAL DESCRIPTION Those portions of Lots 1 .1 .and 12 of Block 803 of the Vista Del Mar Tract,.in the City of Huntington Beach, County of Orange, State of California, as shown on the map recorded in Book 4, Page 5 of Miscellaneous Maps, Records of said County, also being portions of Parcels 2 and 3 as described in the Grant Deed to the City of Huntington Beach recorded May 10, 1971 in Book 9634, Page 636 of Official Records, Records of said County, described as follows: Beginning at the southerly corner of said Parcel 3, said point being the beginning of a tangent curve in the southerly line of said Parcel 3, concave southeasterly having a radius of 35.00 feet; thence northeasterly along said curve and said southerly line 50.27 feet through a central angle of 90000'00" to the point of tangency with the southerly line of said Parcel 2; thence along the southerly line of said Parcel 2 South 89059'06" East 93.00 feet to the westerly line of Parcel 1 as described in said Grant Deed; thence along said westerly line North 00°00'54" East 10.00 feet to the northerly line of said Parcel 2; thence along said northerly line North 59059'06"West 110.00 feet to the beginning of a curve, concave southeasterly having a radius of 15.00 feet; thence leaving said northerly line, southwesterly along said curve 23:56 feet through a central angle of 90'00'00" to the point of tangency wiith:the westerly line of said Parcel 3; thence along said westerly line South 00000'54" West 27.00 feet to the POINT OF BEGINNING. Contains 1,422 square feet, more or less. And as shown on the plat attached hereto as "Exhibit B" and by this reference made a part hereof. David A. Moritz PLS 7388 p,L LAND S License Expires 12 31-05 M p9iT'�GF` No.7388 (P FOF CA��F Page 1 of 1 04/29/2004 8:45 PM C:\Survey\PROJECTS\Jim Daniel\LEGAL.doc INDIANAPO L / S AVENUE - r------------- -----.- --------------------� zs= 90'00'00" R= 15.00' o L= 2356' PARCEL Z M N00°00'54"E I I 0.R. 9634/636 I N89°59'06"W 110.00' 10.00' LLJ I v, S89-59'06"E W 93.00' PARCEL I LOT 10 Q I I ,n o LOT 1 0 0.R. 9634/636 ~ N A= 900 00'00" .5' v� o R= 32.00' LOT 12 17.5' L= 50.27 _O- 9 P.O.B. Q 30' 0.R. RCEL 9634 636 LOT r 13 >- \ O L OT a ( _ 'I 13LOCK aO3 cc W i� o O v 1:sTA OIL MAR TRACT Q LOT 1 u- I LOT 1-4I M,M, 4/515' i NIL LAND No.7388 Rl * Exp.12 oS" * EXHIBIT "B" � \�04�>�Q' PLAT TO FORCOMPANY EASEMENTEGAL PURPOSESRIPTION SCALE. 1,.--4o OF.CAL DATE: 4/20/04 BY: D. MORITZ 1 Res. No. 2004-38' STATE OF.CALIFORNIA. COUNTY OF ORANGE ss CITY OF HUNTINGTON BEACH I, JOAN FLYNN, 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 an regular meeting thereof held on the 71th day of June, 2004 by the following vote: AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Houchen NOES: None ABSENT: None ABSTAIN: None CIV Clerk and ex-offici&lerk of the City_Council.of the City of Huntington Beach, California The f0NV*V unont 16 aowf" am of to odow on fps 1n*ft COW Attest 20L J e � o �► q� MY y of Huntington Beach► eputY BY F- V6F / Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied C' er ' gnatur Council Meeting Date: June 7, 2004 Departmen Number: PW 04-050 T CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBER '^' L SUBMITTED BY: PENELOPE CULBRETH-GRAFT, City Administrator 0 PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works- SUBJECT: Adopt Resolution for Summary Vacation of Excess Right-of-Way Easement ("R S_ IN a . ;)-vo A—3g Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The property owner at 306 Indianapolis Avenue, requests that the City adopt a Resolution to summarily vacate a portion of excess right-of-way along the frontage of his property pursuant to California Streets and Highways Code Section 8334(a). Pubic notice is not required for summary vacation. Funding Source: Not applicable. Recommended Action: Motion to: 1. Adopt Resolution No. aOA— 3g a resolution of the City Council of the City of Huntington Beach ordering the summary vacation of the excess right-of-way easement at 306 Indianapolis Avenue; and 2. Instruct the City Clerk to record the said Resolution and attached exhibits with the Orange County Recorder. Alternative Action(s): Deny the recommended action. LD REQUEST FOR ACTION MEETING DATE: June 7, 2004 DEPARTMENT ID NUMBER: PW 04-050 Analysis: On May 10, 1971, an easement to the City of Huntington Beach for street and public utilities over portions of Lots 11 and 12 of Block 803 of the Vista Del Mar Tract, more commonly known as 306 Indianapolis Avenue, was recorded with the Orange County Recorder's Office. A portion of this easement provided the City with an additional 10 feet of street right-of-way along the Indianapolis Avenue frontage of this property, increasing the half-street right-of-way width to 40 feet. This street easement was initially intended for the future widening of Indianapolis Avenue. To date, no street construction has occurred to widen this segment of Indianapolis Avenue. Consequently, the portion of the easement that the City is being requested to summarily vacate is located within the property owner's yard and is not necessary for any public utility, pedestrian or vehicular access. The General Plan currently designates this segment of Indianapolis Avenue as a collector street. This classification has a maximum half-street right- of-way width of 30 feet. Upon vacation of this portion of the easement, the rights to the underlying land would revert back to the fee owner of the property and the resulting right-of-way width would be consistent with the General Plan. The Planning Commission unanimously approved the application for General Plan Conformance (GPC 04-01) relating to the vacation of this excess right-of-way easement at their April 27, 2004 meeting. Unlike the general street vacation process, the summary vacation process does not have public noticing requirements, nor does it require a separate public hearing prior to the Council taking action Public Works Commission Action: Not required. 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." Categorically exempt. Attachment(s): City Clerk's . - Number No. Description 1. Resolution of the City Council of the City of Huntington Beach Ordering the Summary Vacation of the Excess Right-of-Way Easement at 306 Indianapolis Avenue. RCA Author: J. Claudio:jg G:\R C A\2004\04-050 June 7 Claudio(Summary Vacation of Excess Right-of-Way).doc -2- 5/19/200412:15 PM ATTACHMENT # 1 t Lj, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK . June 8, 2004 Tom Daly O. C. Clerk-Recorder P.O. Box 238 Santa Ana, CA 92702 Enclosed please find Resolution Number 2004-38 of the City of Huntington Beach to be recorded and returned to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648. Please return a conformed copy of the Resolution when recorded to this office in the enclosed self-addressed stamped envelope. Joan L. Flynn City Clerk Enclosures Re;,Resolution 2004-38.—Location:306 Indianapolis Ave.—between Huntington Stand California St G:/followup/deeds/deed letter2002.doc Procedure#18 (Telephone:714.536-5227) PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: CITY OF HUNTINGTON .BEACH Attn: Joan Flynn, City Clerk City Clerk's Office P. 0. Box 190 -. 2000 Main St. Huntington Beach, CA 92648 THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT: RESOLUTION NUMBER 2004-38 This doaxnarA is ad*for the dk1W bu*wm of M»CRY of HunfkVM Saod%.as am Am, under Goverment Coda Sac.6103 and *xxM b m recorded has of charge. THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) t RESOLUTION NO. 2004-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE SUMMARY VACATION OF THE EXCESS RIGHT- OF WAY EASEMENT AT 306 INDIANAPOLIS.AVENUE WHEREAS, THE City Council of the City of Huntington'Beach wishes to summarily vacate an easement which is excess right-of-way and is not required for street or highway purposes pursuant to California Streets and Highways Code Section 8334(a); and Said right-of-way is the frontage of.306 Indianapolis 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 8334(a),the City Council of the City of Huntington Beach hereby orders the vacation of the excess right-of-way easement located on the frontage of 306 Indianapolis Avenue. 2. The right-of-way easement hereby vacated is more particularly described on.the attached Exhibit"A" Legal Description and by this reference made a part hereof. The plat described as Exhibit."B" in Exhibit A and.attached thereto is made a P art hereof by this reference. The City Council does hereby confirm that the easement herein vacated is excess right-of- way and is not required for street or highway purposes. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the Ith day of June , 2004 r APPROVED AS TO FORM: ry) Clerk City Attorne REVIE lk4�m' EDAND PRO IATE(D AND APPRO D: /7 City Administrator Director of Public Works 04reso/vacate/5/17104 t EXHIBIT "A" LEGAL DESCRIPTION Those portions of Lots 11 and 12 of Block 803 of the Vista Del Mar Tract, in the City Of Huntington Beach, County Of Orange, State of California, as shown on the map recorded in Book 4, Page 5 of Miscellaneous Maps, Records of said County, also being portions of Parcels 2 and 3 as described in the Grant Deed to the City of Huntington Beach recorded May 10, 1971 in Book 9634, Page 636 of Official Records, Records of said County, described as follows: Beginning at the southerly corner of said Parcel 3, said point being the beginning of a tangent curve in the southerly line of said Parcel 3, concave southeasterly having a radius of 35.00 feet; thence northeasterly along said curve and said southerly line 50.27 feet through a central angle of 90000'00" to the point of tangency with the southerly line of said Parcel 2; thence along the southerly line of said Parcel 2 South 89°59'06" East 93.00 feet to the westerly line of Parcel 1 as described in said Grant Deed; thence along said westerly line North 00000'54" East 10.00 feet to the northerly line of said Parcel 2; thence along said northerly line North 59°59'06" West 110.00 feet to the beginning of a curve, concave southeasterly having a radius of 15.00 feet; thence leaving said northerly line, ...-southwesterly along said curve 23:56.feet through a central angle of 90°00'00" to the point oftangency with.the.westerly:line of said Parcel 3; thence along said westerly line South 00000'54"West 27.00 feet to the POINT OF BEGINNING. Contains 1,422 square feet, more or less. And as shown on the plat attached hereto as "Exhibit B" and by this reference made a part hereof. y-z?-0 David A..Moritz PLS 7388 ptLANDSU License Expires 12-31 05 KMO ;i`` No.7388 Q� rql�Of C Page 1 of 1 04/29/2004 8:45 PM C:\Survey\PROJECTS\Jim Daniel\LEGAL.doc / N D / A N A P O L / S AVENUE r-—-—-—- -—-—- -—-—- -—-—-—-—-—-—-—-—-—-—� i A= 90°00'00" R= 15.00' I L= 23. O.R..56' PARCEL634/636 N00°00'54"E �I �N89°59'06"w 110.00, t 0.00' I lV 41 W 1 ; S89'59'06"E 93.00' PARCEL I L O T 10 ' Q n o I O-r I I 0 0.R. 96341636 I - - - - - - - - I� ~ o N A= 90°00'00" i o R= 32.00' LOT ) 2 17.5' LOT r- 7 I `^ L= 50.27 PARCEL 30' O R. r 9634 636 L D 1 3 N_ O-r a Z ° I ' SLOCX a03 41 0 VISTA DAL MAR TRACT z ! LOT 14 Q LOT IM, M, 4/5 t5 I C� Z I I At LANDSG Mp9i�'9GF'`o a o � No.7388 * Exp. z EXHIBIT „B" s,. * ��Q' PLAT TO ACCOMPANY LEGAL DESCRIPTION SCALE: 1"=40' 9lF0F CA1.�F�Q FOR EASEMENT PURPOSES DATE: 4/20/04 BY: D. MORITZ 1 Res. No. 2004-38' STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: `CITY OF HUNTINGTON-BEACH ,. ) I, JOAN FLYNN, 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 an regular meeting thereof held on the 7th day of June, 2004 by the following vote: AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Houchen NOES: None ABSENT: None ABSTAIN: None CIV Clerk and ex-officioQlerk of the City:Gouncil bf the City of Huntington Beach, California 1 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Adopt Resolution Approving Summary Vacation of Excess Right-of-Way Easement COUNCIL MEETING DATE: June 7, 2004 RCA ATTACHMENTS `STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable Attached Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorne Not Applicable Subleases; Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over$5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORYVARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: J. Claudio