HomeMy WebLinkAboutResolution 98-58 - Summary Vacation of a Portion of an Aband PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
of Orange, California
Recorded in the CountYClerk/Recorder
Gary L IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII No Fee
AND WHEN RECORDED MAIL T0: IIIIIIIIIIIIIIIIII
o f Nuns. Leh 19980537003 11:14dm 06/17/98
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THIS SPACE FOR RECORDER'S USE ONLY
TITLE OF DOCUMENT: Re- S o l q+i o n
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THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee applies)
-0- 059-TITLE PAGE(R7/95)
RESOLUTION NO. 98-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH ORDERING THE SUMMARY VACATION OF A PORTION
OF AN ABANDONED PACIFIC ELECTRIC RAILROAD RIGHT-OF-WAY EASEMENT
LOCATED ON THE NORTH SIDE OF PACIFIC COAST HIGHWAY,
WEST OF HUNTINGTON STREET
WHEREAS, the City of Huntington Beach desires to summarily vacate a Pacific Electric
Railroad easement for railroad right-of-way purposes located on the north side of Pacific Coast
Highway, west of Huntington 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 Highway Code,
commencing with Section 8333(a), the City Council of the City of Huntington Beach hereby orders the
summary vacation of a Pacific Electric Railroad right-of-way easement located on the north side of
Pacific Coast Highway, west of Huntington Street.
2. The easement hereby vacated is more particularly described as shown on attached
Exhibit"A."
Said Parcel is as shown on attached Exhibit "B."
3. 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 (5) consecutive years immediately
preceding the proposed vacation.
4. 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 railroad right-of-way
easement.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 20th day of July 1998.
ATTEST: Mayor
isr • 4&c_� APPROVED AS TO FORM:
City Clerk
REVIEWED AND APPROVED: - ✓ City Attorney
INITIATE AND APPR VED: �r
�y Administrator
Dir ctor of Frdblic o s
1
jf/reso/pacific/6/11/98
Res. No. 98-58
EXHIBIT "A"
LEGAL DESCRIPTION
FOR
VACATION PURPOSES
A PARCEL OF LAND LOCATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, BEING IN THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST, IN THE
RANCHO LAS BOLSAS, AS PER -MAP RECORDED IN BOOK 51, PAGE 14 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF RECORDER OF SAID COUNTY, BOUNDED
ON THE NORTH BY THE NORTHERLY LINE OF SAID SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER; BOUNDED ON THE EAST BY THE EAST LINE OF THAT
CERTAIN 80 FOOT STRIP OF LAND DESCRIBED IN DEED TO SOUTHERN PACIFIC
RAILROAD COMPANY, RECORDED ON DECEMBER 20, 1905, IN BOOK 123, PAGE 96 OF
DEEDS, IN THE OFFICE OF THE ORANGE COUNTY RECORDER; BOUNDED ON THE
SOUTH BY THE NORTHERLY LINE OF LAND DESCRIBED IN DEED TO THE CITY OF
HUNTINGTON BEACH, RECORDED ON OCTOBER 7, 1931 IN BOOK 506, PAGE 448 OF
DEEDS IN THE OFFICE OF THE ORANGE COUNTY RECORDER; BOUNDED ON
SOUTHWEST BY THE NORTHEASTERLY LINE OF THAT CERTAIN STRIP OF LAND 100
FEET WIDE DESCRIBED IN DEED TO THE CITY OF HUNTINGTON BEACH, RECORDED
SEPTEMBER 23, 1916, IN BOOK 294, PAGE 385 OF DEEDS IN THE OFFICE OF THE
ORANGE COUNTY RECORDER, AND BOUNDED ON THE WEST BY THE WESTERLY
LINE OF THAT CERTAIN 40 FOOT WIDE STRIP OF LAND DESCRIBED IN DEED TO
SANTA ANA AND NEWPORT RAILWAY COMPANY RECORDED JUNE 14, 1899 IN BOOK
44, PAGE 66 OF DEEDS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
AS SHOWN ON EXHIBIT `B' ATTACHED HERETO AND MADE A PART HEREOF.
a T VESSlp, l
0 19402
Exp
sr, civets
OF CAL�EO
VWDEN & LEGAL DESCRIPTION
SOCIATES FOR
VACATION PURPOSES
CIVIL ENGINEERS-PLANNERS-LAND SURVEYORS W.O. No. 1061-415-1 Date 11/24/97
18012 COWAN,SUITE 210 • IRVINE, CA 92714 Engr. D.W. Chk. D.W. Sheet 1 of 1
714/660-0110 FAX:660-0418
` Res. No. 98-58
EXHIBIT 13
N 114 COR. NORTH LINE SEC. 14, T 6 5, R 11 W.
i SEC. 14-6-11.
N89.43317 858.92X.
�i�t.11 - - - - - - - - - - - -
ATLANTA AVENUE
A�C`
PARCEL 1
CONDITIONAL CERTIFICATE OP
COMLIANCE NO. qG-G, RECORDED
1 MRUARY 28, 1996 AS I
INSI;LMENT N0. 19960095327 O.R.
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SEE SHEET 2 1
SCALE: 1'=300' FOR DETAIL \_
LINE BEARING DISTANCE
Ll I N37`04WE 297.71'
LZ I N5306'00'W 24920'
L3 N810652'W 109.63'
L3 �
L4 N492150'W 237.75'
L5 NOO'4454'W 97.35'
CURVE DELTA RADIUS LENGTH DETAIL
SCALE 1"=30'
Cl
0041 139321' 19.99'
ALD E N & 51(E TCH-7O ACCOMPANY
SCRIPTION
S S O CIATE S �VACAT ON PURPOSESSR
18012 COWAN, SUITE 210, IRVINE, CA 92714 W.O. No. 1061-415-1 Date 11/26/97_
(714) 660-0110 FAX: 660-0418 En r. LW Chk. D.W. Sheet 1 Of 2
Res. No. 98-58
\ \ `\ L�tf181T fl'
\ 5T 11 OF 40' STRIP LAND PER DEED
GORDE 1N BOOK 44, PAG GG OF DEEDS. EAST LINE OF 80' STRIP OF LAND PER DEED
\ RECORDED IN BOOK 123, PAGE 96 OF DEEDS.
1
\ '40' \\\ \
\ \ AO NORTHERLY LINE S.W. 114, N.E. 114
\\ \ \ \\ OF SECTION 14, TOWNSHIP G SOUTH,
RANGE 11 WEST, IN THE RANCHO LAS BOLSAS.
\ - - — — — — — — — — — — — —
- -
\ \ 13,398.32 50.
NORTHERLY LINE 'OF ' STRIP
OF LAND PER DEED RECbKED IN
BOOK 294, PAGE 385 OF 5.
IN
ti \
N, NORTHERLY LINE OF LA ER DEED RECORDED \
N, IN BOOK 50G. PAGE 448 Of` D5. v UINV SIp,�
LAME q!
19402
rc
\ ���45�ry/ .-f CI V1- Q�"It-
OF CAL%F
SCALE: 1'=40'
AL D E N & SKETCH 70 ACCOMPANY
LEGAL DESCRIPTION cNPLosEs 18012 COWAN, SUITE 210, IRVINE, CA 92714 W.O. No. 1061-415-1 Date 11/26/97
(714) 660-0110 FAX: 860-0418 En r. �W Chk. DW Sheet?Of 2
Res. No. 98-58
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF-HUNTINGTON BEACH )
I, CONNIE BROCKWAY, 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 the 20th day of July, 1998 by the following
vote:
AYES: Julien, Harman, Green,Dettloff, Bauer, Sullivan, Garofalo
NOES: None
ABSENT: None
City C erk and ex-officio Jerk of the
City Council of the City of Huntington
Beach, California
„ice: z
egouigs S�str�ur ent�
The to- .is a correct
copy�of�th� ongtna I,;on�. iie .this office.
.t Attests r'
r-N 1 El R;
,
`Gity'Glerk'and.Ex'officia Cl'e�k of;the, City
until of the 'ty o 'ltiintingon `Beach,
Deputy
a
G/resoluti/resbkpg/97-80
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CITY OF HUNTINGTON .BEACH
MEETING DATE: July 20, 1998 DEPARTMENT ID NU .PW 98-062
Council/Agency Meeting Held: q /a /9 '
Deferred/Continued to:
Approved onditionally Approved ❑ Denied -P---�-j City Clerk's Signature
Council Meeting Date: July 20, 1998 Department ID Number: PWW8-062
CITY OF HUNTINGTON BEACH -- -�
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
0
SUBMITTED BY: RAY SILVER, City Administratoq___�
>10
PREPARED BY: OBERT F. BEARDSLEY, Director of Public Wor
10?
SUBJECT: Approve the Request to Vacate a Railroad Right-of-Way Easement
located on the north side of Pacific Coast Hwy., west of Huntington
Street.FZt—em-11t
of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Sierra Pacific Resources, Inc. has requested (see attached letter) that
a Railroad Right-of-Way easement located on the north side of Pacific Coast Hwy., west of
Huntington Street. be vacated.
Funding Source: There is no cost involved in the recommended action.
Recommended Action: Motion to Adopt the attached resolution No. ' Jr- to
summarily vacate the Railroad Right-of-Way easement.
Alternative Action(s): Deny the recommended action.
Analysis: Sierra Pacific Resources, Inc. is attempting to clear a title exception on
property recently purchased by MS Vickers II, LLC from Huntington Beach Co. The property
purchased is commonly referred to as "31 Acres" and is bounded by Pacific Coast Hwy.,
Huntington Street, Lake Street and Atlanta Avenue. The title exception makes reference to a
right-of-way easement agreement recorded August 7, 1967, between Pacific Electric Railway
and the City of Huntington Beach. The City has never used this right-of-way and has no
interests in the property. In order to clear a cloud from the title, Sierra Pacific Resources, Inc.
is requesting the right-of-way easement be vacated.
0032202.01 -2- 06/24/98 1:44 PM
Ye.
REQUEST FOR COUNCIL ACTION
MEETING DATE: July 20, 1998 DEPARTMENT ID NUMBER:PW 98-062
Section 8333(a) of the California Streets and Highway Code states that an easement which
has not been used for five (5) consecutive years may be vacated.
Environmental Status: The proposed vacation 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. Resolution No 4501
constitutes the City's implementing procedures for the California Environmental Quality Act
(CEQA) in the City, and it establishes additional categorical exemptions for the City of
Huntington Beach, pursuant to the State CEQA Guidelines, California Government Code
§15061(c).
Attachment(s):
City Clerk's
. . - Number No. D- •
...... .. .....
..... . ............. ._.........
................._.. ........... ..._......
.................................._ _......
1 Location Map
2 Resolution & Exhibit "A" and "B"
3 Letter from Sierra Pacific Resources, Inc. requesting the vacation.
RCA Author: Bruce Crosby
0032202.01 -3- 06/24/98 1:44 PM
ATTACHMENT 1
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ATTACHMENT 2
-i
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
September 21, 1998
To whom it may concern:
The City Council of the City of Huntington Beach at the regular meeting held on July 20, 1998
adopted Resolution No. 98-58 ordering the summary vacation of a portion of an abandoned
Pacific Electric Railroad Right-of-Way Easement located on the north side of Pacific Coast
Highway, West of Huntington Street.
Enclosed is a certified copy of said recorded resolution for your records.
Connie Brockway, CMC
City Clerk
CB:jc
Enclosure: Certified Copy of Resolution No. 99-58
Copies to:
PFRD Geomatics O C Water District O C Assessor's Office:
General Telephone Company Registrar of Voters-Map Section O C County Clerk
GTE California,Incorporated So.Ca.Edison Co.Vince Cichoski Thomas Bros.Maps
H B Main Post Office-Warner So.Ca.Edison Co.Jerry Dominguez 0 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:
H B Postal Substation-Main So.Ca.Gas Co.-Bob Worth Community Dev.:
Transportation Dist.7-Maintenance Div. Transportation Dist.7-Traffic Division Pierce/Zelefsky
Fire Metro Net Communication Center O C Board of Supervisors Water Oper.Manager
Postal Service Address M.-mt.Systems Metro Water District of Southern California Fire Department/
O C Environmental Man Agency-Survey Map Maker
G:followup/vacstltr
(Telephone:714-536-5227)
K
PLEASE COMPLETE THIS INFORMATION
i
RECORDING REQUESTED BY:
Recorded in the County of Orange, California
. Granville, Clerk/Recorder
Gary L
AND WHEN RECORDED MAIL TO: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII No Fee
o f N�n� ��h 19980537003 11,14am 08/17/98
O 005 7014989 07 12�X I �! O— aovL Yr1c�In Sfi
f�6 C R28 6 6.00 15.00 0.00 0.00 0.00 0.00
c,
THIS SPACE FOR RECORDER'S USE ONLY
TITLE OF DOCUMENT: e S 01 k+j 0 n
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee applies)
b 059-TITLE PAGE(R7/95)
RESOLUTION NO. 98-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH ORDERING THE SUMMARY VACATION OF A PORTION
OF AN ABANDONED PACIFIC ELECTRIC RAILROAD RIGHT-OF-WAY EASEMENT
LOCATED ON THE NORTH SIDE OF PACIFIC COAST HIGHWAY,
WEST OF HUNTINGTON STREET
WHEREAS, the City of Huntington Beach desires to summarily vacate a Pacific Electric
Railroad easement for railroad right-of-way purposes located on the north side of Pacific Coast
Highway, west of Huntington 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 Highway Code,
commencing with Section 8333(a), the City Council of the City of Huntington Beach hereby orders the
summary vacation of a Pacific Electric Railroad right-of-way easement located on the north side of
Pacific Coast Highway, west of Huntington Street.
2. The easement hereby vacated is more particularly described as shown on attached
Exhibit"A."
Said Parcel is as shown on attached Exhibit "B."
3. 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 (5) consecutive years immediately
preceding the proposed vacation.
4. 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 railroad right-of-way
easement.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 20th day of July 1998.
ATTEST: Mayor
lw
99&z�t�� APPROVED AS TO FORM:
City Clerk
REVIEWED AND APPROVED: ,i City Attorney
Ny� _ INITIATE AND APPR VED:
?� y Administrator
Dir ctor 07FILiblic WoVks
1
jf/reso/pacific/6/11/98
Res. No. 98-58
r
EXHIBIT "A"
LEGAL DESCRIPTION
FOR
VACATION PURPOSES
A PARCEL OF LAND LOCATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, BEING IN THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST, IN THE
RANCHO LAS BOLSAS, AS PER MAP RECORDED IN BOOK 51, PAGE 14 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF RECORDER OF SAID COUNTY, BOUNDED
ON THE NORTH BY THE NORTHERLY LINE OF SAID SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER; BOUNDED ON THE EAST BY THE EAST LINE OF THAT
CERTAIN 80 FOOT STRIP OF LAND DESCRIBED IN DEED TO SOUTHERN PACIFIC
RAILROAD COMPANY, RECORDED ON DECEMBER 20, 1905, IN BOOK 123, PAGE 96 OF
DEEDS, IN THE OFFICE OF THE ORANGE COUNTY RECORDER; BOUNDED ON THE
SOUTH BY THE NORTHERLY LINE OF LAND DESCRIBED IN DEED TO THE CITY OF
HUNTINGTON BEACH, RECORDED ON OCTOBER 7, 1931 IN BOOK 506, PAGE 448 OF
DEEDS IN THE OFFICE OF THE ORANGE COUNTY RECORDER; BOUNDED ON
SOUTHWEST BY THE NORTHEASTERLY LINE OF THAT CERTAIN STRIP OF LAND 100
FEET WIDE DESCRIBED IN DEED TO THE CITY OF HUNTINGTON BEACH, RECORDED
SEPTEMBER 23, 1916, IN BOOK 294, PAGE 385 OF DEEDS IN THE OFFICE OF THE
ORANGE COUNTY RECORDER, AND BOUNDED ON THE WEST BY THE WESTERLY
LINE OF THAT CERTAIN 40 FOOT WIDE STRIP OF LAND DESCRIBED IN DEED TO
SANTA ANA AND NEWPORT RAILWAY COMPANY RECORDED NNE 14, 1899 IN BOOK
44, PAGE 66 OF DEEDS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
AS SHOWN ON EXHIBIT `B' ATTACHED HERETO AND MADE A PART HEREOF.
Q�oFESS/o�
{o
s m .
0 19402
Exp
CIVI1. �P
eF CAUE�
JWDEN & LEGAL DESCRIPTION
SOCIATES FOR
VACATION PURPOSES
CIVIL ENGINEERS-PLANNERS-LAND SURVEYORS W.O. No. 1061-415-1 Date 11/24/97
18012 COWAN.SUITE 210 • IRVINE,CA 92714 Engr. D.W. Chk. D.W. Sheet 1 of 1
714/660-0110 FA X:660-0418
R
Res. No. 98-58
{ N 1/4 GOR. NORTH LINE SEC. 14, T 6 5, R 11 W.
SEC. 14-6-11.
r N89'43311E 858.92'
...`' — — — — — — — — — — — — —
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1 c� ATLANTA AVENUE
y '4_:
PARCEL 1
�..`;;�.'. G-ONDITIONAL CERTIFICATE OF
CO IA,"Cf NO. 964 RECORDED
i ;`._ 1 FEBRUARY 28, ]496 AS I
4' INSTRgMEW NO. 19%OOg5327 O.R.
�i 31
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SEE SHEET 2
SCALE: 1'=300' FOR DETAIL
LINE BEARING D15TANCE
11 N370455'E 297.71' ~
L2 N53 0G`OO'W 24920'
L3 N810652'W 109.63'
L3 �
L4 N492]50'W 237.75'
L5 NOO 44 54-W 97.35'
DETAIL
CURVE DELTA RADIUS LENGTH SCALE 1'=30'
Gl 00'4979' 139321' 19.99'
ALD E N & 5►cETGH-YO ACCOMPANY
S S O C IAT E S LEGAL DESCRIPTION FOR
VACATION PURPOSES
18012 COWAN, SUITE 210, IRVINE, CA 92714 W.O. No. 1061-415-1 Date 11/26/97
(714) 660-0110 FAX: 860-0418 En r. !•W Chk. D•W- Sheet ] Of 2
` . Res. No. 98-58
\ ST LI OF 40' STRIP LAND PER DEED\\
\ CORDE IN BOOK 44, PAG 66 OF DEEDS. \ EAST LINE OF 80' STRIP OF LAND PER DEED
\ RECORDED IN BOOK 123, PAGE 96 OF DEEDS.
\ 20. \ \\ \ q0 \
\ ZO' \ \ \
\ \ AO \ NORTHERLY LINE S.W. 1/4, N.E. 1/4
\\ \ \ \\ OF SECTION 14, TOWNSHIP G SOUTH,
\ RANGE 11 WE5T, IN THE RANCHO LA5 BOL5AS.
- - - - - - - - - - - - - -
\ \\ \ 13,398.32 SO.
NORTHERLY LINE OF ' STRIP \
OF LAND PER DEED RFC ED IN \
BOOK 294. PAGE 385 OF 5. \
1 �
NORTHERLY LINE OF LA FR DEED RECORDED \
IN BOOK 50G, PAGE 448 0� D5. ems'' MFESiAl
c
ohs /oco- 4 Exp�
OF-CAL\F
SCALE: 1'=40'
*LDEN & SKETCH-To ACCOMPANY
S S O C IAT E S LEGAL DESCRIPTION FOR
VACATION PLIRPO5E5
V18012 COWAN, SUITE 210, IRVINE, CA 92714 W.O. No. IOGI-415--1 Date 11/2G/97
(714) 660-0110 FAX: 660-0418 En r. ,1•W. Chk. D.W. Sheet?Of 2
r
Res.No. 98-58
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, 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 the 20th day of July, 1998 by the following
vote:
AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo
NOES: None
ABSENT: None
City C er�and ex-officio Jerk of the
City Council of the City of Huntington
Beach, California
The foregou9. instrument is a correct
copy,bf.1h original on file.in this office.
Attest
ME R
City'C1erk and Ex-officio Clergy-of.the City
Council of the City of: Huntington Beach,
Daliforn'a'
Deputy
G/resol uu/resbkpg/97-80
;, CITY OF HUNTINGTON BEACH
1 2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
July 21, 1998
Gary L. Granville, County Clerk-Recorder
P.O. Box 238
Santa Ana, California 92702
Enclosed please find Resolution of Vacation No. 98-58 to be recorded and returned to the City of
Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, California 92648.
Please confirm the enclosed copy of the resolution and return to this office in the enclosed self-
addressed stamped envelope.
Connie Brockway, CMC
City Clerk
CB:cc
Enclosure: Resolution No. 98-58
g:\followup\res
1 Telephone:714-536-5227)
RESOLUTION NO. 98=58'
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH ORDERING THE SUMMARY VACATION OF A PORTION
OF AN ABANDONED PACIFIC ELECTRIC RAILROAD RIGHT-OF-WAY EASEMENT
LOCATED ON THE NORTH SIDE OF PACIFIC COAST HIGHWAY,
WEST OF HUNTINGTON STREET
WHEREAS, the City of Huntington Beach desires to summarily vacate a Pacific Electric
Railroad easement for railroad right-of-way purposes located on the north side of Pacific Coast
Highway, west of Huntington 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 Highway Code,
commencing with Section 8333(a), the City Council of the City of Huntington Beach hereby orders the
summary vacation of a Pacific Electric Railroad right-of-way easement located on the north side of
Pacific Coast Highway, west of Huntington Street.
2. The easement hereby vacated is more particularly described as shown on attached
Exhibit"A."
Said Parcel is as shown on attached Exhibit"B."
3. 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(5) consecutive years immediately
preceding the proposed vacation.
4. 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 railroad right-of-way
easement.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 20th day of July 1998.
ATTEST: Mayor
r APPROVED AS TO FORM:
City Clerk
REVIEWED AND APPROVED: ✓ City Attorney
INITIATE AND APPR VED:
Administrator
y Dir ctor of Ff6blic o s
1
jf/reso/pacific/6/1 1/98
EXHIBIT "A"
LEGAL DESCRIPTION
FOR
VACATION PURPOSES
A PARCEL OF LAND LOCATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, BEING IN THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST, IN THE
RANCHO LAS BOLSAS, AS PER MAP RECORDED IN BOOK 51, PAGE 14 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF RECORDER OF SAID COUNTY, BOUNDED
ON THE NORTH BY THE NORTHERLY LINE OF SAID SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER; BOUNDED ON THE EAST BY THE EAST LINE OF THAT
CERTAIN 80 FOOT STRIP OF LAND DESCRIBED IN DEED TO SOUTHERN PACIFIC
RAILROAD COMPANY, RECORDED ON DECEMBER 20, 1905, IN BOOK 123, PAGE 96 OF
DEEDS, IN THE OFFICE OF THE ORANGE COUNTY RECORDER; BOUNDED ON THE
SOUTH BY THE NORTHERLY LINE OF LAND DESCRIBED IN DEED TO THE CITY OF
HUNTINGTON BEACH, RECORDED ON OCTOBER 7, 1931 IN BOOK 506, PAGE 448 OF
DEEDS IN THE OFFICE OF THE ORANGE COUNTY RECORDER; BOUNDED ON
SOUTHWEST BY THE NORTHEASTERLY LINE OF THAT CERTAIN STRIP OF LAND 100
FEET WIDE DESCRIBED IN DEED TO THE CITY OF HUNTINGTON BEACH, RECORDED
SEPTEMBER 23, 1916, IN BOOK 294, PAGE 385 OF DEEDS IN THE OFFICE OF THE
ORANGE COUNTY RECORDER, AND BOUNDED ON THE WEST BY THE WESTERLY
LINE OF THAT CERTAIN 40 FOOT WIDE STRIP OF LAND DESCRIBED IN DEED TO
SANTA ANA AND NEWPORT RAILWAY COMPANY RECORDED JUNE 14, 1899 IN BOOK
44, PAGE 66 OF DEEDS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
AS SHOWN ON EXHIBIT `B' ATTACHED HERETO AND MADE A PART HEREOF.
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VWDEN & LEGAL DESCRIPTION
SOCIATES FOR
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CIVIL ENGINEERS-PLANNERS-LAND SURVEYORS W.O. No. 1061-415-1 Date 11/24/97
18012 COWAN,SUITE 210 • IRVINE, CA 92714 Engr. D.W. Chk. D.W. Sheet I of 1
714/660-0110 FAX:660-0418
IT 15
N 114 GOR. NORTH LINE SEC. 14, T 6 S. R 11 W.
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UARY 28, 1996 AS I
INS NO. 199600g5327 O.R.
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SEE SHEET 2
SCALE: 1'=300' FOR DETAIL
LINE BEARING DISTANCE
Ll N37'0455'E 297.71'
L2 N53UG'00'W 24920' cf !2
L3 N8l*0G52'W 109.63' L3 \
14 N4921°50'W 237.75'
L5 1 N00'44 54'W 1 97.35'
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00' 79' 1393 1' I lq.qR'l
ALD E N & SKETCH TO ACCOMPANY
S S O CIATE S LEGAL DESCRIPTION
FOR
18012 COWAN, SUITE 210, IRVINE, CA 92714 W.O. No. 1061-415-1 Date 11/26/97
(714) 660-0110 FAX: 660-0418 En r. !-W Chk. D•W Sheet 1 Of 2
\ ST 11 OF 40' STRIP LAND PER DEED\\
\ COME ll BOOK 44, PA 66 OF DEEDS. \ EAST LINE OF 80' STRIP OF LAND PER DEED
\ \ RECORDED IN BOOK 123, PAGE 96 OF DEEDS.
\ '40 \\\ \
\ \ q0 \ NORTHERLY LINE S.W. 114, N.E. 114
\\ \ \ \\ OF SECTION 14, TOWNSHIP 6 SOUTH,
\ RANGE 11 WEST, IN THE RANCHO LAS BOL5AS.
- - - - - - - - - - - - - - - - -
\ \ 13,398.32 50. 7.
\
NORTHERLY LINE OF ' STRIP
OF LAND PER DEED RECbRQED IN \
BOOK 2q4, PAGE 385 OF 5. \
\ NORTHERLY LINE OF LA fR DEED RECORDED \
IN BOOK 506, PAGE 448 Of- S. QAOFESSI �
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ALDEN & SKETCH TO ACCOMPANY
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18012 COWAN, SUITE 210, IRVINE, CA 92714 W.O. No. 1061-415-1 Date 11/26/97
(714) 660-0110 FAX: 680-0418 En r. l►N• Chk. D.W. Sheet?Of 2
Res. No. 98-58
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, 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 the 20th day of July, 1998 by the following
vote:
AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo
NOES: None
ABSENT: None
City C erk and ex-officio Jerk of the
City Council of the City of Huntington
Beach, California
G/reso1uti/resbkpg/97-80
EXffiBIT A
EXHIBIT B
ATTACHMENT 3
r
l
SIERRA PACIFIC RESOURCES, INC.
2570 Ocean Avenue * #288 * San Francisco, CA 94132 * 1415 66-4266
February 1, 1997
Chris Winchak
Department of Public Works
City of Huntington Beach
2000 Main Street
P. O. Box 190
Huntington beach, CA 92648
Re: Huntington Beach "Atlanta" property
Dear Mr. Winchak,
Per our recent telephone conversation, I am attempting to clear several title
exceptions on property in Huntington Beach recently purchased by MS Vickers II, LLC,
from Huntington Beach Company. The property consists of two parcels lying on either
side of the Pacific Coast Highway in Huntington Beach, as outlined in red on the attached
map. The portion northeast of the highway is the site of the Huntington Shores Motel,
while the parcel southwest of the highway is the public beach. A recent title report, a
copy of which is enclosed, shows several exceptions which involve the City of Huntington
Beach. All but one of those exceptions has been resolved. That remaining exception is
#33, an agreement recorded August 7, 1967 in Book 8334 of Official Records, page 159,
wherein Pacific Electric Railway and the City of Huntington Beach agreed to hold title to
a portion of the Pacific Coast Highway adjoining the property as tenants in common. The
map attached to this agreement over-described the portion of highway then owned by
Pacific Electric and the City, and overlapped a portion of parcels 7 and 8 of the adjoining
property, as shown in orange on the attached map.
As noted in the attached title report from First American Title, the City had no
interest in parcels 7 and 8 at the time of the agreement, and has not since acquired any.
That being the case, to the extent that the agreement appears to claim title to the adjoining
property it constitutes a cloud on the title of that adjoining property. Obviously that cloud
is an inadvertent one, as there was no intention to lay claim to the adjoining property. It
was simply a poorly drawn map.
In order to clear the cloud from the title to the Atlanta property we would like the
City to surrender any interest it may have acquired in parcels 7 and 8 by virtue of the 1960
agreement.
As the City did not have any interest to begin with, we do not feel that this is an
unreasonable request.
We have been attempting to get this resolved since August of last year so we
would appreciate your earliest attention to the problem.
If you have any questions, or require any additional information, please give me a
call at(415) 5664266.
Thank you'for your cooperation.
Sincerely,
Claude S. Akana
CSA:ac
Encls.
i
RCA ROUTING SHEET
INITIATING DEPARTMENT: Department of Public Works
SUBJECT: Approve the Request to Vacate a Railroad Right-of-Way
Easement located on the north side of Pacific Coast Hwy.,
west of Huntington Street.
COUNCIL MEETING DATE: July 20, 1998
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 Attached
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attomey) 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 FORWARDED'
.... .........
Administrative Staff ( ) ( )
Assistant City Administrator (Initial) ( ) ( )
City Administrator (Initial) ( ) ( )
City Clerk ( )
E .
XLATINF RETNOFMO
• • . • Only)
September 21, 1998
i
To whom it may concern:
The City Council of the City of Huntington Beach at the regular meeting held on July 20, 1998
adopted Resolution No. 98-58 ordering the summary vacation of a portion.of an abandoned
Pacific Electric Railroad Right-of-Way Easement located on the north side of Pacific Coast
Highway, West of Huntington Street.
Enclosed is a certified copy of said recorded resolution for your records.
Connie Brockway, CMC
City Clerk
CB.jc
Enclosure: Certified Copy of Resolution No. 98-58
Copies to:
PFRD Geomatics O C Water District O C Assessor's Office:
General Telephone Company Registrar of Voters-Map Section O C County Clerk
GTE California,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:
H B Postal Substation-Main So.Ca.Gas Co.-Bob Worth Community Dev.:
Transportation Dist.7-Maintenance Div. Transportation Dist.7-Traffic Division Pierce/Zelefsky
Fire Metro Net Communication Center O C Board of Supervisors Water Oper.Manager
Postal Service Address Mgmt.Systems Metro Water District of Southern California Fire Department/
O C Environmental Man Agency-Survey Map Maker
G:followup/vacstltr