Loading...
HomeMy WebLinkAboutResolution 2014-27 ordering the Summary Vacation of an exist 7— 170 001 r•)s, Dept. ID PW 14-034 Page 1 of 2 Meeting Date:6/16/2014 (J�O f CITY OF HUNTINGTON BEACH t n ; REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 6/16/2014 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 and authorize recordation of Resolution No. 2014-27 ordering the Summary Vacation of an existing Sidewalk/Pedestrian Access Easement at the Pacific City Commercial Development Statement of Issue: Pursuant to the project requirements, Conditions of Approval, and Chapter 4 of the California Streets and Highways Code, the Public Works Department requests that City Council adopt a Resolution to summarily vacate the existing easement for sidewalk/pedestrian access purposes at the commercial/retail portion of the Pacific City Development, to be replaced with new easement(s) depicting new alignments by separate future City Council action. Financial Impact: Not Applicable. Recommended Action: A) Adopt Resolution No. 2014-27, "A Resolution of the City Council of the City of Huntington Beach Ordering the Summary Vacation of a Pedestrian Ingress and Egress Easement on Property Located at Pacific City (Tract Map Number 16338)" (for sidewalks, pedestrian ingress and egress and access purposes) at the commercial/retail portion of Pacific City; and, B) Instruct the City Clerk to record said Resolution (and attachments) with the Orange County Recorder. Alternative Action(s): Deny the recommended action. This would make the project not compliant with adopted Conditions of Approval for Entitlement Plan Amendment 13-001, which required vacation of the subject easement and dedication of a new realigned easement prior to the project's receipt of Final Certificate of Occupancy. Analysis: The commercial/retail site of the Pacific City property (located at 21002 Pacific Coast Highway) is currently encumbered with an existing sidewalk/pedestrian access easement that was dedicated to the City of Huntington Beach on Final Tract Map No. 16338 on file in Book 893, Pages 7 through 12, inclusive, of Miscellaneous Maps, in the Office of the County Recorder of the County of Orange, State of California. (Attachment 1, Exhibit B). This existing easement has not been used since its original dedication to the City in August 2007 due to the change in ownership of the property and the long period of construction inactivity at the site. Item 9. - 1 xB -1 24- Dept.ID PW 14-034 Page 2 of 2 Meeting Date:6/16/2014 The new property owner has since obtained approval of a revised site plan layout through Entitlement Plan Amendment (EPA) No. 13-001, approved by the City Planning Commission on August 27, 2013. The existing sidewalk/pedestrian access easement is no longer consistent with the new site layout. Consequently, approval of the EPA was conditional upon the removal (via formal vacation process) of the existing easement and the creation/approval of the new easement. Pursuant to Government Code Section No. 65402, upon vacation of the existing sidewalk/ pedestrian access easement at the commercial/retail site, the rights to the underlying land would revert back to the fee owner of the property and the vacation of the (public service) easement would not require Planning Commission Approval for General Plan Conformance. A new sidewalk/ pedestrian access easement will then be submitted by the developer for formal acceptance by City Council. 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. Strategic Plan Goal: Improve the City's infrastructure Attachment(s): 1. Resolution of the City Council of the City of Huntington Beach Ordering the Summary Vacation of an existing easement (for sidewalks, pedestrian ingress and egress and access purposes) at the commercial/retail portion of Pacific City. HB -l 25- Item 9. - 2 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 11111111111111111[111111111111jNjjj II III1II III IINO FEE 2014000242738 03:03pm 06/19/14 AND WHEN RECORDED MAIL TO: 105 409 R28 5 0.00 0.00 0.00 0.00 12.00 0.00 0.00 0.00 N ty 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 2014-27 This document Is solely for the of lal business of the City of Huntington Beach,as contemplated under Goverment Code Sec.6103 and atwuid bs recorded kee of ch*W. THIS PAGE ADDED-TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) RESOLUTION NO. 2014-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE SUMMARY VACATION OF A PEDESTRIAN INGRESS AND EGRESS EASEMENT ON PROPERTY LOCATED AT PACIFIC CITY (TRACT MAP NUMBER 16338) I WHEREAS, the City of Huntington Beach wishes to summarily vacate an easement for public service for sidewalks, pedestrian ingress and egress and access purposes, which was dedicated on the original Pacific City Tract Map No. 16338. The project site was reconfigured through an approved Entitlement Plan Amendment (EPA 13-001) whereby the existing easement was relocated and superseded by a new proposed easement. 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 public service easement for sidewalks, pedestrian ingress and egress and access purposes 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 will be 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 I fi+h day of ,nP- , 2014. Mayor REVIE ND APPROVED: APPROVED AS TO FORM: City an ger City Attorney INITI E D PRO D: Director o blic Works 1 4-4264/1 1 0273 Resolution No. 2014-27 EXHIBIT"A" LEGAL DESCRIPTION In the City of Huntington Beach, County of Orange, State of California, being that certain easement in favor of the City of Huntington Beach for Sidewalk,Pedestrian Ingress and Egress and Access Purposes dedicated and accepted on Tract No. 16338,as shown on a map filed in Book 893, Pages 7 through 12,inclusive, of Miscellaneous Maps,in the office of the County Recorder of said County,lying with Lot 2 and the northwesterly 265.00 feet of Lot 3 of said Tract No. 16338. As shown on Exhibit_`B"attached hereto and by this reference made a part hereof. SAND S� WNF 'QL Robert L. Wheeler IV,L.S.8639 `r No. 8639 Date: v 6LO 9�F OF CA June 04,2014 WO No.3892-3 Page 1 of 1 H&A Legal No.8160 By:T.Vo Checked By:R.Wheeler Resolution No. 2014-27 EXHIBIT 713" Sketch to Accompany Legal Description ATLANTA AVENUE C � V � Z C� c Fi1� c0 26S �F C -9y INDICATES AN EASEMENT FOR SIDEWALKS, PEDESTRIAN © INGRESS AND EGRESS AND ACCESS PURPOSES AS DEDICATED ON TRACT NO. 16338, M.M. 893/7-12 H U N SAKE R & ASSOCIATES VACATION SIDEWALK, PEDESTRIAN INGRESS, I R V I N E , I N G . EGRESS & ACCESS EASEMENT PLANNING ■ ENGINEERING ■ SURVEYING Three Hughes •Irvine, CA 92618 P PH:(949)5831010 •iX:(949)5e3-0759 CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE,STATE OF CAUFORNIA °AtE` 10 24 13 o,Ev' 6 04 14 1 "y�T. VO B° L. GAS TON SCALE 1"= 300' W.O. 3892-3 FILE: 1: \Pacific City Id\8160 SHT01.dw H&A LEGAL No. 81601 SHEET 1 OF 1 Res. No. 2014-27 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 June 16, 2014 by the following vote: AYES: Katapodis, Hardy, Harper, Boardman, Sullivan Carchio NOES: None ABSENT: Shaw ABSTAIN: None City rk and ex-officio. rk of the City Council of the City of Huntington Beach, California