HomeMy WebLinkAboutResolution 2008-85 ordering a summary vacation of the excess PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
Recorded in Official Records, Orange County
City of Huntington Beach Tom Daly, Clerk-Recorder
IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII NO FEE
AND WHEN RECORDED (NAIL TO: 2008000590250 08:22am 12/26/08
100 211 R28 7
City of Huntington Beach 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
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 2008-85
I
This dopmient is sdety for the official
bu*ww of the Cfty of HundngW
Beach,as contemplated under
Govertunent Code Sec.8103 and
should bs recorded free of charge.
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee applies)
RESOLUTION NO. 2008-85
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH ORDERING THE SUMMARY
VACATION OF THE EXCESS RIGHT- OF-WAY EASEMENT
ON THE EAST SIDE OF GOTHARD-150 FEET WEST OF MAIN STREET
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 on the east side of Gothard, approximately 150 feet west of Main Street,
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 east side of Gothard,
approximately 150 feet west of Main Street.
2. The right-of-way easement hereby vacated is more particularly described in the Legal
Description and plats attached hereto as Exhibits "A," "B" and "C," respectively, which exhibits are
incorporated by this reference as though fully set forth herein.
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 15th day of_ December , 200 8
--Aayor
REVIEW D APPROVED: INITIATED AND APPROVED:
City t istrator Director of Public rks
APPROVED AS TO FORM:
1 1p, -7 1015
City Attorney
08-1676/23710
Resolution No. 2008-85
EXHIBIT A
LEGAL DESCRIPTION
SHEET 1 OF 2
BEING ALL OF LOT 21 IN BLOCK "B", 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,
RECORDS OF SAID COUNTY, EXCEPTING THEREFROM THE FOLLOWING
DESCRIBED PORTION:
THAT PORTION OF SAID LOT 21 LYING SOUTHWESTERLY OF A LINE
PARALLEL TO AND 40 .00 FEET NORTHEASTERLY, MEASURED AT RIGHT
ANGLES, FROM THE FOLLOWING DESCRIBED CENTERLINE, SAID CENTERLINE
ALSO BEING AS DESCRIBED IN FINAL ORDER OF CONDEMNATION RECORDED
AUGUST 13, 1999 AS INSTRUMENT NO. 19990592245, RECORDS OF SAID
COUNTY:
BEGINNING AT THE CENTERLINE INTERSECTION OF CLAY AVENUE AND MAIN
STREET (CLAY STREET AND TWENTY THIRD STREET AS SHOWN ON SAID
MAP) ; THENCE NORTH 18°59` 43" EAST 50 . 95 FEET ALONG THE CENTERLINE
OF SAID MAIN STREET; THENCE NORTH 71000100" WEST 80 . 47 FEET TO
THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING
A RADIUS OF 330 . 00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE
408 . 79 FEET THROUGH A CENTRAL ANGLE OF 70058' 32" TO A POINT ON A
LINE PARALLEL WITH, AND 10 . 00 FEET EASTERLY, MEASURED AT RIGHT
ANGLES, FROM THE CENTERLINE OF CRYSTAL STREET (CRYSTAL AVENUE AS
SHOWN ON SAID MAP) ; THENCE NORTH 00001' 28" WEST 933 . 75 FEET, MORE
OR LESS, ALONG SAID PARALLEL LINE TO THE CENTERLINE OF GARFIELD
AVENUE (GARFIELD STREET AS SHOWN ON SAID MAP) .
RESERVING THEREFROM AN EASEMENT FOR WATER PIPELINE AND
APPURTENANCE PURPOSES OVER THE ABOVE DESCRIBED LAND DESCRIBED AS
FOLLOWS :
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 21 IN BLOCK "B",
OF THE GARFIELD STREET ADDITION TO HUNTINGTON BEACH; THENCE
Resolution No.2008-85
EXHIBIT A
LEGAL DESCRIPTION
(CONTINUED)
SHEET 2 OF 2
ALONG THE NORTHERLY LINE OF SAID LOT 21, NORTH 89`42145" WEST A
DISTANCE OF 4 . 00 FEET, TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG THE NORTHERLY LINE OF SAID LOT 21 , NORTH
89042' 45" WEST A DISTANCE OF 10 .00 FEET; THENCE LEAVING THE
NORTHERLY LINE OF SAID LOT 21, SOUTHERLY AT RIGHT ANGLES, SOUTH
0017' 15" WEST A DISTANCE OF 8 . 00 FEET; THENCE EASTERLY, PARALLEL
WITH SAID NORTHERLY LINE OF SAID LOT 21, SOUTH 89042' 45" EAST A
DISTANCE OF 10 .00 FEET; THENCE NORTHERLY, NORTH 0017115" EAST A
DISTANCE OF 8 .00 FEET TO THE NORTHERLY LINE OF SAID LOT 21 ALSO
BEING THE TRUE POINT OF BEGINNING.
AS SHOWN ON EXHIBIT "B" AND EXHIBIT "C" ATTACHED HERETO AND BY
REFERENCE MADE A PART HEREOF.
LAND -
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No.8�23g�, DANIEL RUBIO, P .L.S . 8239
��OF CAL\FOP
N.E. COR., NW 1/4 Resolution No. -
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FOR WATER PIPELINES AND g /
APPURTENANCE PURPOSES. C /
SEE EXHIBIT "C" FOR 60'
ENLARGEMENT.
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DESCRIBED HEREIN {�O S��G
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ANIEL RUBIO P.L.S. 8239
OFCAL�F� EXPIRES: 12/31/09 EXHIBIT "B"
V,— — — — — — — — — — — — — — — — — —
— — — — — — — — — — — — —
(N 89'41'17" W AA 55.63') Lo
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\ EXISTING 1 CORNER OF
FIRE HYDRANT 2.5' LOT 21 OF
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�9 9L BEARING DISTANCE
(v DANIEL A N 89'42'45" W 4.00'
V RUBIO
-i O B N 89'42'45" W 10.00' (S 45'42'01" W)
8239 No. -- -- _ -_
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E N 0.17'15" E 8.00'
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Q ® INDICATES AREA
DESCRIBED HEREIN \
P.O.B. POINT OF BEGINNING `
T.P.O.B. TRUE POINT OF BEGINNING
�o S.F. SQUARE FEET
(XXX) INDICATES RECORD DIMENSIONS PER `
\� PARCEL MAP NO. 2000-207,
PMB 325/35-37.
(C) INDICATES CALCULATED DATA FROM
RECORD DIMENSIONS.
a INDICATES EASEMENT AREA WATER
PIPELINES AND APPURTENANCES
INDICATES AN EASEMENT FOR DOMESTIC
/Z 3 O� AA WATER PURPOSES DEDICATED TO THE CITY
VANIEL RUBIO P.L. 239 OF HHUNTINGTO�NDBEACH ON PARCEL MAP EXHIBIT 'C'
EXPIRES: 12 31 09 35�3721NCLUISIVE IN BOOK 325 PAGES
Res. No. 2008-85
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 an regular meeting thereof held on December 15, 2008 by the
following vote:
AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hardy, Hansen
NOES: None
ABSENT: None
ABSTAIN: None
Ci Clerk and ex-officio Jerk of the
City Council of the City of
Huntington Beach, California
The foregoing g ino m"A"COPY ie
of the orginai on file in this pp^�
sl'L 20 0 0
Attest ��
of/p1 L-
City Cieek an E�-c�fi�4yJi_i �otigtont Beach,
ncii o e City' W
om eputy
BY
City ®f Huntington Beach
® s�
2000 Main Street • Huntington Beach, CA 92648
`�e`fi�ia►s.,; e
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
January 15, 2009
To whom it may concern:
The City Council of the City of Huntington Beach at the regular meeting held on
December 15, 2008 adopted Resolution No. 2008-85 ordering the vacation of the excess
right-of-way easement on the east side of Gothard — 150 feet west of Main Street.
Enclosed is a certified copy of said recorded resolution for your records.
e
oan L. Flynn, CMC
City Clerk
JF:pe
Enclosure: Certified Copy of Resolution No. 2008-85
Copies to:
RDMD Geomatics O C Water District O C Assessor's Office
Registrar of Voters-Map Section O C County Clerk
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 Public Works:
Transportation Dist. 12-Maintenance Div. Transportation Dist.7-Traffic Division Beardsley/Claudio
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/vac Itrs
Sister Cities: Anjo, Japan • Waitakere, New Zealand
1 Telephone:714-536.5227)
Impression antibourrage et A s6chage rapide ® www.averycorn ® AVERV®5260-
Utilisez le gabarit 5260"K ® 1-800-60-AVERY
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 92714-6009
ANAHEIM,CA 92803-6114
VERIZON COMMUNICATION. ORANGE COUNTY WATER DISTRICT DEPARTMENT OF TRANSPORTATION
ATTN RIGHT OF WAY AGENT ATTN DON JACKSON DISTRICT 12-MAINTENANCE DIV
200 W.OCEAN BLVD P O BOX 8300 ATTN JOHN KENAN
THIRD FLOOR FOUNTAIN VALLEY,CA 92728-8300 3347 MICHELSON DRIVE SUITE 100
LONG BEACH,CA. 90802-4601 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 92683-5210 P O BOX 8127 3101 W. SUNFLOWER AVENUE
FOUNTAIN VALLEY,CA 92708-8127 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 92701-4017 201 S.ANAHEIM BLVD., STE.301 SANTA ANA,CA 92701
ANAHEIM,CA 92805-3858
METRO WATER DIST OF SO CALIF
ATTN CIVIL ENGINEER
SUBSTRUCTURE SECTION
P O BOX 54153 TERMINAL ANNEX
LOS ANGELES,CA 90054-0153
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 92702-0149 SANTA ANA,CA 92711-1298 HUNTINGTON BEACH,CA 92648-9000
SOUTHERN CALIFORNIA GAS CO HUNTINGTON BEACH POST OFFICE
ATTN RAY TURUNO 316 OLIVE AVENUE(&Main)
P O BOX 3334 HUNTINGTON BEACH,CA 92648-5140
ANAHEIM,CA 92803-3334
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 92647-9000 ANAHEIM,CA 92803-3334 2801 TOWNS GATE ROAD
THOUSAND OAKS,CA 91361-3003
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 92683-5210
LOS ANGELES,CA 90012-3602
g:/followu p/va cstnam/vacstlbl.doc
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Council/Agency Meeting Held: oZ
Deferred/Continued to:
App v d ❑ Conditionally Approved ❑ Denied Clt k' Signa e
Council Meeting Date: 12/15/2008 Department ID Number: PW 08-47
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUVPIL MEMBERS
SUBMITTED BY: FRED A. WILSON, CITY ADMINISTR
PREPARED BY: TRAVIS K. HOPKINS, PE, DIRECTOR OF BLIC WORKS
SUBJECT: Vacate Excess Right-of-Way on East Side of Gothard-150 Feet West of
Main Street
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: The Public Works Department proposes a resolution to summarily
vacate a portion of excess right-of-way on the east side of Gothard Street along the
frontage property pursuant to California Streets and Highways Code Section 8334(a).
Funding Source: Not Applicable
Recommended Action: Motion to:
1. Adopt Resolution No. 2008-85 , a Resolution of the City Council of the City of
Huntington Beach Ordering the Summary Vacation of the Excess Right-of-way
Easement at the East Side of Gothard Street -150 feet West of Main Street.
Alternative Action(s): Deny the recommended action.
Analysis: On July 30, 1999, the Judgment in Condemnation was ordered for the
northwesterly portion of Lot 21 in block "B" of the Garfield Street Addition to Huntington
Beach more commonly known as APN 111-50-24 for the construction of new Gothard
Street.
The most northwesterly portion of the condemnation is a vacant triangular shaped property
measuring 1406-square-feet situated between the back of the Gothard Street sidewalk and
the housing development on Gothard Street.
33
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 12/15/2008 DEPARTMENT ID NUMBER: PW 08-47
The City Council can summarily vacate the excess right-of-way by adopting a resolution of
vacation after submission to the Planning Commission. The Planning Commission has
reviewed the vacation request as GPC 08-02 and issued a Notice of Action indicating that
they endorse the vacation. Public Works is therefore requesting a Summary Vacation under
Government Code Section 65402.
Upon vacation of this portion of the easement, the rights to the underlying land would revert
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 08-02) related to the vacation of this excess right-of-way
easement at their May 27, 2008 meeting.
The Resolution ordering the summary vacation of the excess right-of-way easement at the
East side of Gothard Street -150 feet west of Main Street would:
1. Vacate a 1406 sq ft easement on the portion of Lot 21 located at 7251 Stewart Circle,
owned by Mr. Joe Gergen, which is no longer required by the City of Huntington Beach for
street widening purposes;
2. Exempt and retain from the street vacation, an 80 sq. ft. easement for water pipeline and
appurtenances for an existing fire hydrant within the 1406 sq. ft. easement; and
3. Facilitate the Lot Line Adjustment submitted by Joe Gergen and Bart Deboe to adjust the
1406 sq. ft. from the Gergen property severed by the new Gothard Street alignment and
have it added to the Bart Deboe property on Gothard Street.
Strategic Plan Goal:
1-1 Improve the City's plan for funding and completing infrastructure needs, and develop
strategies for resolving crucial infrastructure problems to preserve the physical foundation of
the community and enable the community's value to grow.
Environmental Status: Categorically Exempt. "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."
-2- 12/3/2008 4:30 PM
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 12/15/2008 DEPARTMENT ID NUMBED: PW 08-47
Attachrrrent(s):
Pa_gq • - . Dovoription
1. A Resolution of the City Council of the City of Huntington Beach
Ordering the Summary Vacation of the Excess Right-of-way Easement
on the East Side of Gothard — 150 Feet West of Main Street
2. Location Map
3. Planning Commission Notice of Action GPC 08-02 (East Side of
Gothard Street Vacation
-3- 12/3/2008 4:30 PM
ATTACHMENT # 1
RESOLUTION NO. 2008-85
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH ORDERING THE SUMMARY
VACATION OF THE EXCESS RIGHT- OF-WAY EASEMENT
ON THE EAST SIDE OF GOTHARD-150 FEET WEST OF MAIN STREET
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 on the east side of Gothard, approximately 150 feet west of Main Street,
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 east side of Gothard,
approximately 150 feet west of Main Street.
2. The right-of-way easement hereby vacated is more particularly described in the Legal
Description and plats attached hereto as Exhibits "A," "B" and "C," respectively, which exhibits are
incorporated by this reference as though fully set forth herein.
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 15th day of December , 200 8
mayor
REVIEW D APPROVED: INITIATED AND APPROVED:
City i istrator Director of Public arks
APPROVED AS TO FORM:
/-7
City Attorney
08-1676/23710
Resolution No.2008-85
EXHIBIT A
LEGAL DESCRIPTION
SHEET 1 OF 2
BEING ALL OF LOT 21 IN BLOCK "B", 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,
RECORDS OF SAID COUNTY, EXCEPTING THEREFROM THE FOLLOWING
DESCRIBED PORTION:
THAT PORTION OF SAID LOT 21 LYING SOUTHWESTERLY OF A LINE
PARALLEL TO AND 40 . 00 FEET NORTHEASTERLY, MEASURED AT RIGHT
ANGLES, FROM THE FOLLOWING DESCRIBED CENTERLINE, SAID CENTERLINE
ALSO BEING AS DESCRIBED IN FINAL ORDER OF CONDEMNATION RECORDED
AUGUST 13, 1999 AS INSTRUMENT NO. 19990592245, RECORDS OF SAID
COUNTY:
BEGINNING AT THE CENTERLINE INTERSECTION OF CLAY AVENUE AND MAIN
STREET (CLAY STREET AND TWENTY THIRD STREET AS SHOWN ON SAID
MAP) ; THENCE NORTH 18°59143" EAST 50. 95 FEET ALONG THE CENTERLINE
OF SAID MAIN STREET; THENCE NORTH 71000' 00" WEST 80 . 47 FEET TO
THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING
A RADIUS OF 330 . 00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE
408 .79 FEET THROUGH A CENTRAL ANGLE OF 70058132" TO A POINT ON A
LINE PARALLEL WITH, AND 10 . 00 FEET EASTERLY, MEASURED AT RIGHT
ANGLES, FROM THE CENTERLINE OF CRYSTAL STREET (CRYSTAL AVENUE AS
SHOWN ON SAID MAP) ; THENCE NORTH 00'01128" WEST 933 .75 FEET, MORE
OR LESS, ALONG SAID PARALLEL LINE TO THE CENTERLINE OF GARFIELD
AVENUE (GARFIELD STREET AS SHOWN ON SAID MAP) .
RESERVING THEREFROM AN EASEMENT FOR WATER PIPELINE AND
APPURTENANCE PURPOSES OVER THE ABOVE DESCRIBED LAND DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 21 IN BLOCK "B",
OF THE GARFIELD STREET ADDITION TO HUNTINGTON BEACH; THENCE
Resolution No.2008-85
EXHIBIT A
LEGAL DESCRIPTION
(CONTINUED)
SHEET 2 OF 2
ALONG THE NORTHERLY LINE OF SAID LOT 21, NORTH 89042145" WEST A
DISTANCE OF 4 . 00 FEET, TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG THE NORTHERLY LINE OF SAID LOT 21 , NORTH
89042145" WEST A DISTANCE OF 10 .00 FEET; THENCE LEAVING THE
NORTHERLY LINE OF SAID LOT 21, SOUTHERLY AT RIGHT ANGLES, SOUTH
0017' 15" WEST A DISTANCE OF 8 . 00 FEET; THENCE EASTERLY, PARALLEL
WITH SAID NORTHERLY LINE OF SAID LOT 21, SOUTH 89042' 45" EAST A
DISTANCE OF 10 .00 FEET; THENCE NORTHERLY, NORTH 0017115" EAST A
DISTANCE OF 8 . 00 FEET TO THE NORTHERLY LINE OF SAID LOT 21 ALSO
BEING THE TRUE POINT OF BEGINNING.
AS SHOWN ON EXHIBIT "B" AND EXHIBIT "C" ATTACHED HERETO AND BY
REFERENCE MADE A PART HEREOF.
LAND -
DAMEL
U� RU810
J
No.s�2�3j9�j� DAN I EL RUB IO, P.L.S. 8239
N.E. COR., NW 1/4 eso u ion No.
NW 1/4, SEC. 2,
T. 6 S., R.11 W.,
S.B.B.M. 10.00'
9 _ _ _ _ _ - -
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SCALE: 1 "=100'
'100' 50' 0 100'
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130' "40' /
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I (41
8'x10' EASEMENT RESERVED
FOR WATER PIPELINES AND 60, /
APPURTENANCE PURPOSES. /
NO �� I 0\ SEE EXHIBIT "C" FOR 60
ENLARGEMENT.
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-- -- -- -- -- P.O.B. -- -- -- - - --
LEGEND= —7
INDICATES AREA
DESCRIBED HEREIN �'Np S�RG
DANIEL
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J No.8239 m
(P� Exp Z � oq Q,
CA0 ANIEL RUBIO P.L.S. 8239 EXHIBIT "B"
EXPIRES: 12/31/09
v — — — — — — — — — — — — — — — — — —
(N 89*41'17" W AA 55.63')
� � I
�-- — — — — — — — — — — — — — — — — — — — — — — — —
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ep OF NORTHEAST�'G�0-1 EX ST NG I CORNER�, OF
FIRE HYDRANT 2 5' LOT 21 OF
NORTHERLY LINE a BLOCK "B"
N ct Q°, OF LOT 21 Z I T.P.O.B.
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SCALE: 1 "=10' AREA=
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GRAPHIC SCALE
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.AND LINE TABLE �C>J ���'�
SG9G BEARING DISTANCE
lv DANIEL �� A N 89"42'45" W 4.00'
V RUBIO p B N 89"42'45" W 10.00' (S 45-42.01" W)
No.8239 - -
* C S 0"17'15" W 8.00' RAD.
Exp.! 31 \� D S 89"42'45" E 10.00, �\
E N 0*17'15" E 8.00'
\ OF CALVF� LEC3EN0 \ `
\Q ® INDICATES AREA \
DESCRIBED HEREIN
P.O.B. POINT OF BEGINNING
T.P.O.B. TRUE POINT OF BEGINNING \
O• S.F. SQUARE FEET
�\ (XXX) INDICATES RECORD DIMENSIONS PER
PARCEL MAP NO. 2000-207, \
PMB 325/35-37.
(C) INDICATES CALCULATED DATA FROM
RECORD DIMENSIONS.
INDICATES EASEMENT AREA WATER
PIPELINES AND APPURTENANCES
INDICATES AN EASEMENT FOR DOMESTIC
" 3 OAS AA WATER PURPOSES DEDICATED TO THE CITY
ANIEL RUBIO P.L. 239 O0037F HHUNTINGTON BEACH ON PARCEL MAP EXHIBIT 'C"
EXPIRES: 12 31 09 35� 207- F L�� IN BOOK 325 PAGES
Res. No. 2008-85
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 an regular meeting thereof held on December 15, 2008 by the
following vote:
AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hardy, Hansen
NOES: None
ABSENT: None
ABSTAIN: None
Ci Clerk and ex-officio lerk of the
City Council of the City of
Huntington Beach, California
ATTACHMENT #2 .1
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Gothard
IL
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Z/6
EASEMENT TO BE VACATED Main
.... -------
C9a
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MEW
LOCATION MAP
Street Easement t® Be Vacated
ATTACHMENT #3
®� Huntington Beach Planning Commission
® 2000 MAIN STREET CALIFORNIA 92648
NOTICE OF ACTION
May 28, 2008
Jim Wagner REC'D MAY 2 9 2008
City of Huntington Beach Public Works Department
2000 Main Street
Huntington Beach, CA 92648
SUBJECT: GENERAL PLAN CONFORMANCE#08-02 (GOTHARD STREET
VACATION)
APPLICANT: Jim Wagner, City of Huntington Beach Public Works Department
REQUEST: To determine if vacation of a City easement on a portion of property
previously condemned for the Gothard Street widening is in conformance with
the goals, objectives, and policies of the General Plan
PROPERTY
OWNER: Joe Gergen, 211-B Main Street, Huntington Beach, CA 92648
LOCATION: East side of Gothard Street approximately 150 feet west of Main Street
DATE OF
ACTION: May 27, 2008
On Tuesday, May 27, 2008 the Huntington Beach Planning Commission took action on your
application, and approved your request by adopting Resolution No. 1622, approving General
Plan Conformance No. 08-02. Attached to this letter are the findings of approval.
Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action
taken by the Planning Commission becomes final at the expiration of the appeal period. A
person desiring to appeal the decision shall file a written notice of appeal to the City Clerk within
ten (10) calendar days of the date of the Planning Commission's action. The notice of appeal
shall include the name and address of the appellant, the decision being appealed, and the
grounds for the appeal. Said appeal must be accompanied by a filing fee of One Thousand,
Five Hundred Forty-One Dollars ($1,541.00) if the appeal is filed by a single family dwelling
property owner appealing the decision on his own property and Two Thousand Three Hundred
Seventy-Nine Dollars ($2,379.00) if the appeal is filed by any other party. In your case, the last
day for filing an appeal and paying the filing fee is June 9, 2008.
Phone 714-536-5271 Fax 714-374-1540 www.surfcity-hb.org
Notice of Action GPC 08-02
May 28,2008
Page 2
If you have any questions, please contact Hayden Beckman, Planning Aide, at
hbeckman(a_surfcity-hb.orq or at (714) 374-5317 or the Planning Department Zoning Counter at
(714) 536-5271.
Sincerely,
Scott Hess, Secretary
Planning Commission
By:
Herb Fauland, Planning M nager
SH:HF:HB:lw
Attachments: Findings for Approval
Resolution No. 1622
c: Honorable Mayor and City Council
Chair and Planning Commission
Paul Emery, Interim City Administrator
Scott Hess, Director of Planning
Bill Reardon, Division Chief/Fire Marshal
Terri Elliott, Principal Civil Engineer
Gerald Caraig, Permit-Plan Check Manager
Property Owner
Project File
ATTACHMENT NO. 1
FINDINGS OF APPROVAL
GENERAL PLAN CONFORMANCE #08-02
FINDINGS FOR PROJECTS EXEMPT FROM CEQA:
The Planning Commission finds that the proposed project will not have any significant effect on
the environment and is exempt from the provisions of the California Environmental Quality Act
(CEQA)pursuant to Section 15306 of the CEQA Guidelines because the project involves
information collection which does not result in major disturbance to an environmental resource.
FINDINGS OF APPROVAL—GENERAL PLAN CONFORMANCE NO. 08-002:
1. The proposed vacation of the easement on a 1,400 square foot property fronting Gothard
Street is consistent with the following goals, objectives and policies of the General Plan:
A. Land Use Element
LU Goal 2: "Ensure that development is adequately served by transportation infrastructure,
utility infrastructure, and public services. "
Gothard Street currently provides sufficient access to the surrounding industrial and
residential uses. As a result of the past widening and realignment,the subject property is
no longer necessary to support the circulation pattern of the adjacent areas.
LU Goal 4: "Achieve and maintain high quality architecture, landscape, and public open
spaces in the City. "
The vacation of the easement would result in a transfer of land to the property owner and
allow for private purposes, including improvements to the unimproved site that would
advance the visual character of the Gothard Street corridor.
LU Polio"Require that multi family residential projects be designed to convey a
high level of quality and distinctive neighborhood character as discussed below.
(e)Include an adequate landscape setback along the street frontage that is integrated with
abutting sidewalks and provides continuity throughout the neighborhood. "
The subject property fronts Gothard Street and as an unimproved site does not contribute to
integration or continuity of aesthetic character throughout the adjacent areas. Vacation of the
easement will allow the remnant parcel to be incorporated into the adjacent development
and used to provide the required 15 foot landscaping buffer along Gothard street frontage, as
set forth by the Holly Seacliff Specific Plan, and possibly additional guest parking.
G:\PCWOA\08\5-27-08 GPC Gothard Vacation#08-02 Attachment 1.1
B. Circulation Element
CE Objective 1.1: "Balance the circulation system with the circulation demands generated
by the implementation of the City's Land Use Element. "
CE Goal 2:"Provide a circulation system which supports existing, approved, and planned
land uses throughout the City while maintaining a desired level of service on all streets and
at all intersections. "
The subject easement is no longer needed and its vacation will not have a detrimental
impact on the circulation system.
INDEMNIFICATION AND HOLD HARMLESS CONDITION:
The owner of the property which is the subject of this project and the project applicant if different
from the property owner, and each of their heirs, successors and assigns, shall defend,
indemnify and hold harmless the City of Huntington Beach and its agents, officers, and
employees from any claim, action or proceedings, liability cost, including attorney's fees and
costs against the City or its agents, officers or employees, to attack, set aside, void or annul any
approval of the City, including but not limited to any approval granted by the City Council,
Planning Commission, or Design Review Board concerning this project. The City shall promptly
notify the applicant of any claim, action or proceeding and should cooperate fully in the defense
thereof.
G:\PCWOA\08\5-27-08 GPC Gothard Vacation#08-02 Attachment 1.2
RESOLUTION NO. 1622
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HUNTINGTON
BEACH FINDING THAT THE VACATION OF A CITY EASEMENT ON A PROPERTY
LOCATED ON THE EAST SIDE OF GOTHARD STREET APPROXIMATELY 150 FEET
WEST OF MAIN STREET IS IN CONFORMANCE WITH THE GENERAL PLAN
(GENERAL PLAN CONFORMANCE NO. 08-002)
WHEREAS, the Government Code of the State of California, Section 65402,
provides that a local agency shall not acquire real property, nor dispose of any real property,
nor construct a public building or structure in any county or city until the location,purpose,
and extent of such activity has been reported upon as to conformity with the adopted General
Plan;and
WHEREAS, the City of Huntington Beach has declared its intention to vacate an
easement upon the subject site, a remnant portion of property located along the east side
of Gothard Street approximately 150 feet west of Main Street. (APN: 111-150-24)
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the
City of Huntington Beach as follows:
SECTION 1: The subject site is an unimproved remnant property designated as a
right of way on the General Plan Land Use Map.
SECTION 2: The easement vacation for private use is in conformance with the
goals, objectives, and policies of the City's adopted General Plan.
PASSED AND ADOPTED by the Planning Commission of the City of
Huntington Beach at a regular meeting held on the 27a' day of May 2008, by the
following vote:
AYES: Farley,Dwyer, Shier-Burnett,Livengood, Shaw, Speaker, Scandura
NOES: None
ABSENT: None
ABSTAIN: None
ATTE :
Scott es ,§ecretary Planning Co 'ssion Chairperson
GAResolutionsMesoOMes 1622-Gothard Street Vacation.doc
RCA ROUTING SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Vacate Excess Right-of-Way on East Side of Gothard-
150 Feet West of Main Street
COUNCIL MEETING DATE: December 15, 2008
RCA;e4TTACnIIEIVTS` l
' STATUS .
Ordinance (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Attached
Not Applicable ❑
Tract Map, Location Map and/or other Exhibits Attached
Not Applicable ❑
Contract/Agreement (w/exhibits if applicable) Attached ❑
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc. Attached ❑
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Attached ❑
Not Applicable
Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑
Not Applicable
Bonds (If applicable) Attached ❑
Not Applicable
Staff Report (if applicable) Attached
t Applicable
Commission, Board or Committee Report (If applicable) Attached ❑
Not Applicable
Findings/Conditions for Approval and/or Denial Attached
Not Applicable ❑
' , . . . EPLANAT,,iON i=OI MISSING /4TTACHMENTS ary
..
z REVIE1nlED, RETURNED, FOR ; E E
Administrative Staff ( )
Deputy City Administrator (Initial) ( ) )
City Administrator (Initial) ( ) ( )
City Clerk ( )
<EXPLANATION FOR RETURNF'OF=ITEM: ' .. .. ..
•
RCA Author: J.Wagner