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HomeMy WebLinkAboutResolution 99-11 - Summary Vacation of Portions of the Exces Recording Requested By FIRST AMERICAN TITLE INS. CO. OR- IHIS ORIGINAL 088UMENT WAS SCANNED AND ELECTRONICALLY R€CORDED ON When Recorded Mail To: MAR 0 5 1999 fr of �uNfX�la,v Document No. 1441" S fvYe�- First American Title Insurance Company �f�tu f 6P�c 4 C THIS SPACE FOR RECORDER'S USE ONLY CoNN�e +�Roc�cuff� _ __ ��'s6Cu�ioN THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (ADDITIONAL RECORDING FEE APPLIES) J0 RESOLUTION NO. 99-11 A RESOLUTION OF THE CITY COUNCIL OF THE: CITY OF HUNTINGTON BEACH ORDERING THE SUMMARY VACATION OF PORTIONS OF THE EXCESS RIGHT-OF-WAY AT THE NORTHWEST CORNER OF BEACH BOULEVARD AND PACIFIC COAST HIGHWAY WHEREAS, the City Council of the City of Huntington Beach wishes to summarily vacate portions of highway easements which are excess right-of-way and are not required for street or highway purposes pursuant to California Streets and Highways Code Section 8334(a); and Beach Boulevard and Pacific Coast Highway are arterial highways which are along the frontage of and adjacent to The Waterfront Ocean Grand Resort and Conference Center development project; and Said right-of-way constitutes portions of Beach Boulevard and Pacific Coast Highway, 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, and in particular with Sections 8334(a) and 8335, the City Council of the City of Huntington Beach hereby orders the vacation of portions of Beach Boulevard and Pacific Coast Highway. 2. Pursuant to Section 65402 of the California Government Code, the City of Huntington Beach Planning Commission, on August 25, 1998, made findings that Conditional Use Permit No. 97-46 and Tentative Tract Map No. 15535 for the Waterfront Ocean Grand Resort and Conference Center development project, which include the vacation of the subject excess highway easements, were in conformity with the City's General Plan and any applicable specific plan. 3. Pursuant to California Streets and Highways Code Section 892 (formerly Section 2381), the City Council of the City of Huntington Beach has made findings that the right-of-way is not useful as a nonmotorized transportation facility. 4. The portions of Beach Boulevard and Pacific Coast Highway hereby vacated are more particularly described as follows: zis document FS 1�n-116'Y for the - �,- ;,t, ^��rt.�.�.. ���C�x�f1�[�t-�au�st°rnr��F•�f�.�c?��c CITY OF ..3 and �„i"lou!d be recorded - Connie urockwaj�,city 0i uric ae of dirge. 1 BY reso/jmf/jn/beachpch/02/12/99 p C��,�/Clark Res. 99-11 BEING THAT PORTION OF BEACH BOULEVARD AND PACIFIC COAST HIGHWAY, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED IN THAT DEED (DIRECTOR'S DEED NO. DD011783-2)RECORDED FEBRUARY LOTH IN 1999 AS DOCUMENT NUMBER 19990100312 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ATTACHED HEREBY AS EXHIBIT A. The City Council does hereby confirm that the portions of the highways herein vacated are excess right-of-way and are not required for street or highway purposes. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the 1st day of March , 1999. ATTEST: APPROVED AS TO FORM: City CIerk .3 tf Q 9 City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: �C�ityAd nistrator Director of Public Works 2 resolj mfljnlbeachpch/02/12/99 • Res. 99-11 Recorded in the County of Orange,California RECORDING RE: UESTAD BY Gary L.Granville,Clerk/Recorder - AND WHEN RECORDED MAIL TO: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIilllllllll No Fee 19990100312 2:32pm 02/10/99 004 7019976 07 28 CONNIE BROCKWAY CITY CLERK EO1 4 04 0.00 6.00 9.00 0.00 0.00 0.00 0.00 CITY OF HUNTINGTON BEACH 0.00 0.00 httplMnvw.cl.hu ntinW:on-beach.ca.us P O BOX 190-2000 MAIN STREET HUNTINGTON BEACH CA r RWPE: R.W.' Smith (1-5-99) space above this Sine for Recorder's Use Written: RWS Checked: MP Ma No. F-1712-3 & -4 Dixtrkt Camay Raara port milk Nt®ber DIRECTOR'S DEED 12 Ora 1 23.0 DE. 0117 8 3-2 . (EASEMENT) -` The.State of California, acting by and through its Director.o€ Transportation, does hereby grant to the City of Huntington Beach, a municipal corporation, all right, title and interest in that Easement for State Highway purposes, in the City of Huntington Beach, County of Orange, State of California, reserved to the State of California in that deed (Director,'s Deed No. DD 011783-01-01) recorded March 20, 1980 in Book 13542, page 672 of Official Records, in the office of the County Recorder of said county. EXCEPTING THEREFROM that portion of said Easement lying southwesterly of a line parallel with and distant. northeasterly 10.00 feet, measured at right angles, from the northeasterly line of Parcel 2 of land described in the deed to the State of California recorded June 11, 1936, in Book 826, page 379 of .said Official Records. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Robert W. Smith Licensed Land Surveyor No. 3158 �p LAN ` Date: January 5, 1999 Page 1 of 2 MAIL- TAX STATEMENTS TO: Taos.E=mpt-Qoverntnsnt AgancY We document to cotety for the CITY OF HUNMNGTON BEACH official business of the City pQ� e sroattwa% Gent of Huntington Berjoh, as eontem- OP CA�-�F Plated under Govarnment Code I Sec. 8103 and should be recorded aPWY free of charge. _ Res. 99-11 Number Subject to special assessments if any, restrictions, reservations, and easements of record. f. T J This conveyance is executed pursuant to the authority vested in the Director of Transportation by law and, in particular, by the Streets-and Highways Code. WITNESS my hand and the seal of the Department of Transportation of the State of California, this day of 12A� STATE.OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Jose Medina Director of Transportation y A omey in Fack STATE OF CALIFORNIA PERSONAL ACKNOWLEDGMENT County of SS On this the 2 tlay of 9_2_�I before me, ! G Name,Title f Officer-E.G.,"Jane D � otary Pu ic- personalty appeared /�) h cs�� itY'7 CtiL�• � — - Name of Signer ❑personally{mown to me j proved to me on the basis of satisfactory evidence pexecutedto be the person whose nameis subscribed to ~ whin instrument and aclmowtedge�to me that h< the same inauthorized gpacity,and that by h' .er- 3gnature on the instrument the pensan,or the entity upon beof w`ich the person ailed, -t the insirurnent. WITNESS my hand and official seal. Y BOCANEGRA ' Commission#1187127 kgay ft"c CaRforria Aky Comm.Ea#es In 15,2002 (Notafy Public's s'iyfiature in and for said Co ty and State) (for mmry 5"or r=mv) THIS IS TO CERTIFY That the California Transportation Commission has authorized the Director of Transportation to execute the forgoing deed under provisions of CTC RESOLUTION #G-95-07, approved on June 7, 1995, amending RESOLUTION #G-02 PERTAINING TO SALE OF EXCESS PROPERTY. Dated this. ✓' day of ��ff�/_�C���/ , 19 7 / . ny Form RVI6-1(S&T)(New 4,96) USE FOR SALES DELEGATED TO DISTRICT // Res. 99-41 gas � WI I MUAJ 0 -1 J z10 I V5A Cl 4 I - ol E1=, WAF'. F 1112 - 3 4- �'f� 1.� q Res. 99-11 BY: 4- 2-98 ; 14:43 ;C.4LTR.A S DIST R/W- 714 724 2622: 2/ 3 - ' RECORDING REQUESTED BY Recorde0 in the county of orange. California -;_ STATE OFCALIFORNIA Gary L. Granville, C1erK/Recorder ' !!11I1 Ilion DI �M0'i��� No Fee WHEN RECORDED MAIL TO 19970324873 2.07pm 07/09/97 pepartrnentofTransportation 005 .12824552 12 33 District 23. Right of Way i . P14 2 7.00 3.00 1 .00 0.00 0.06 0.08 2501 Pullman Street. Building "C' 1 Santa Ana, CA 92705 Atttarion: Larry Staley - �! F' 0R P:1 1; , C:. O P Y �•,i�t t-.:rinoarta with Original POWER OF ATTORNEY -- Department of Transportation No. 500 (lncludin; Revocation of Prior Powers of Attorney! 1. JAMES W. VAN LOBEN SELS, as Director of Transportation of the State of California, by virtue of the authority vested in me by law, do hereby appoint any one of the following named persons: J. M. McManus and/or Brice D. Paris and/or Lawrence J. Staley and/or Linda Wilford and/or Allan Goldstein and/or Teresa Cora- Arias and/or Ron Costello and/or Greg Morton and/or Richard Standley and/or Larry Stevens of District 23 of the Depart==of Transportation as my attorney in fact with full'power to execute requests for full reconveyanca of deeds of trust: to consent to deeds, grants or other instrtw=s therein. to the State of California for transportation purposes, and to certify to the acceptance by the Sttu:e of California of such-deeds. grants or other conveyances as reauLred by Section 27281 of the GoveTttra,em Code. Brice D. Paris =Wor Lawrence J. Staley and/or Linda Wilford and/or Teresa Cola-Arias and/or Carol Devorkin and/or Theo Walker and/or Mary Scon and/or Terry Moore and/or Deborah Meyers and/or Brenda Morrison of District 23 of the Department of Transportation as my attorney in fact with full power to executz Agreements between Cal== and Buyer when surplus residential properties arc disposed of by the Department of Transportation pursuant to Section 54235 to and including 54238.6 of the Government Code, and to execute conveyanecs of State-owned property by instruments desiguated Director's Deed. requests for full recoaveyancc and requests for panial reconveyance of deeds of trust, requests for subordination. and any other documents necessary and proper to complete a conveyance of property on behalf of the California Transportation Commission pursuant to the provisions of the Streets and Highway Code or other statute. PROVIDED, FURTHER. that my name may be subscribed to such instrumerus by sta u,. typewriting or ocher mechanical means :Curd need not be wrinen manually by my said attorney in tact. The following Powers of Attorney executed by JAMES W. VAN LOBE,ti SELS as Director of Transportation of the State of California are hereby revoked: No. 482 dated July 20. 1995 and natnins Kenneth D. Steele and/or Joe W. Boyd and/or James U. Fisher and/or Greg Moroon and/or Tbcu Walker and/or James A. DuLsini and/or David Paticr and/or Carol S. Devorkin andlor Larry J. Staley attorneys in fact: No. 498 dated February 7. 1997 acrid naming Stanley I-isiewicz and/or Linda L. Wilford and/or Richard D. Statidley and/or Patricia L. Smith andlor Terrence K. Moore as attorneys in fact.• No. 499 dared May 23. 1997 and naming J. M. McManus and/or Brice D. Paris and/or Allen Guldsiein and/or Teresa Cota-Arias and/or Lawrence J. Staley as artomeys in fact. — WITNESS my signature this 2=7 day. of� . 1997. STATE OF CALIFORNIA Dep&nmear of Transportation ,V; JkKE15 W. VAN 1-013Ei •;_t.S v `J Di for rr^.9 R9�:�ing tZoRus5t8d Department of Tramponanon Essential to Arqutabon by Department a TrartspofUdiQn {See 61Q3 Gov.C10de) Res. No. 99-11 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 1st day of March, 1999 by the following vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: ABSTAIN: City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California The fore,oing instru,i ent is a correct coAy cf the original cn file in this office. Attest_ `-7�ek-- 19 -q9 C,Q�(\IE BROCKWAY Cit! Clerl; a.'iL Ex C;er;, 3f t;.e Cite Ce!ncil of the City of Huntington Beach, California. By [Deputy j4 ' ROBERT M:PAT1 ERSON Assistant Vice President Commercial/Industrial Title Insurance Win:714-647-2170 Company 114 E.Fifth Street•Santa Ana,CA.92701 714/558-3211 i,19CCITY OF HUNTINGTON BEACH 2000 MAIN STREET ALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK March 4, 1999 First American Title Company 114 East Fifth Street Santa Ana, California 92701 Subject: Vacation Of Excess Highway Right Of Way For Beach Boulevard & Pacific Coast Highway-Waterfront Development Project— Resolution No. 99-11 The City Clerk's Office has prepared Resolution No. 99-11 — Summary Vacation Of Excess Highway Right Of Way For Beach Boulevard & Pacific Coast Highway- Waterfront Development Project. Your office will be picking up this document to be recorded at the County. Please have the conformed copy and the recorded document returned to the City Clerk's Office, City of Huntington Beach, 2000 Main Street, Huntington Beach, California 92648. Connie Brockway, CMC City Clerk CB:jc Enclosure Received by Date escropu.dodWaterfront Res99-1 I Jc (Telephone:714-536-5227) i '60ht06 1 RW4 (:ITY OF HUNTINGTON BEACH ' 8166 s - Gj MEETING DATE: March 1, 1999 DEPARTMENT ID NUMBER: PW 99-06 Council/Agency Meeting Held: A00-6 Deferred/Continued to: p ro ed Conditionally Approved . ❑ Denied ! Mlerk's Signature Council Meeting Date: March 1, 1999 Department ID Number: PW 99-06 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator �� PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works DAVID BIGGS, Director of Economic Development _ SUBJECT: APPROVE VACATION OF EXCESS HIGHWAY RIGHT OF WAY FOR BEACH BLVD. & PACIFIC_ COAST HIGHWAY-WATERFRONT DEVELOPMENT PROJECT �C . O: Statement of Issue,Funding Source,Recommended Action,Alternative-Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue : There is an existing 20 foot wide highway easement along the west side of Beach Blvd. extending approximately 1,800 feet north of Pacific Coast Highway and on the.north.side of Pacific Coast Highway extending approximately 200 feet west of Beach on the City Redevelopment Agency owned property. Under the terms of the Development Agreement for the Waterfront project, the City is to use its best efforts to have the 20 foot wide easement along Beach Blvd. and Pacific Coast Highway vacated. Funding Source There are no costs for accomplishing this action. Recommended Action : Motion to: 1:. Approve the Resolution of the City Council of the City of Huntington Beach ordering the summary vacation of portions of the highway easements at the Northwest Corner of Beach Blvd. and Pacific Coast Highway. 2. Authorize the City Clerk to have a copy of the approved Resolution recorded at the County of Orange. Alternative Action(s) : Deny approval and instruct staff on how to proceed. - f; REQUEST FOR ACTION MEETING DATE: March 1, 1999 DEPARTMENT ID NUMBER: PW 99-06 Analysis : Under the terms of the Development Agreement for the Waterfront project, the City is to use its best efforts to have a 20 foot wide highway easement along the west side of Beach Blvd. and the north side of Pacific Coast Highway vacated. In 1980 Caltrans deeded excess land to the City and reserved a 20 foot wide easement for highway purposes. The easement is in excess of the width needed for the existing and future Beach Blvd. and Pacific Coast Highway improvements. Moreover, the City's General Plan doesn't propose a highway width beyond the current width of improvements, nor does it contemplate an off-road bikeway facility in this area. Thus, the City requested that Caltrans transfer the excess highway easement area to the City so that it could then vacate the easement. Transfer of the easement area to the City has been completed, so the City can now vacate the easement in order,to free up the area for use by the Waterfront Project. Environmental Status : The action is categorically exempt under CEQA. Attachment(s): NumberCity Clerk's Page . Description 1. Resolution A)o . y 1- 2. Location Map RCA Author: G. Dysart Bch Blvd. RCA.doc Z 02/16/99 4:11 PM ATTACHMENT 1 1 i RESOLUTION NO. 99-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE SUMMARY VACATION OF PORTIONS OF THE EXCESS RIGHT-OF-WAY AT THE NORTHWEST CORNER OF BEACH BOULEVARD AND PACIFIC COAST HIGHWAY WHEREAS, the City Council of the City of Huntington Beach wishes to summarily vacate portions of highway easements which are excess right-of-way and are not required for street or highway purposes pursuant to California Streets and Highways Code Section 8334(a); and Beach Boulevard and Pacific Coast Highway are arterial highways which are along the frontage of and adjacent to The Waterfront Ocean Grand Resort and Conference Center development project; and Said right-of--way constitutes portions of Beach Boulevard and Pacific Coast Highway, 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, and in particular with Sections 8334(a) and 8335, the City Council of the City of Huntington Beach hereby orders the vacation of portions of Beach Boulevard and Pacific Coast Highway. 2. Pursuant to Section 65402 of the California Government Code, the City of Huntington Beach Planning Commission, on August 25, 1998, made findings that Conditional Use Permit No. 97-46 and Tentative Tract Map No. 15535 for the Waterfront Ocean Grand Resort and Conference Center development project,which include the vacation of the subject excess highway easements, were in conformity with the City's General Plan and any applicable specific plan. 3. Pursuant to California Streets and Highways Code Section 892 (formerly . Section 2381), the City Council of the City of Huntington Beach has made findings that the right-of-way is not useful as a nonmotorized transportation facility. 4. The portions of Beach Boulevard and Pacific Coast Highway hereby vacated are more particularly described as follows: 1 reso/j mf/j n/beachpch/02/12/99 Res. 99-11 BEING THAT PORTION OF BEACH BOULEVARD AND PACIFIC COAST HIGHWAY, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED IN THAT DEED (DIRECTOR'S DEED NO. DD011783-2) RECORDED FEBRUARY LOTH IN 1999 AS DOCUMENT NUMBER 19990100312 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ATTACHED HEREBY AS EXHIBIT A. The City Council does hereby confirm that the portions of the highways herein vacated are excess right-of-way and are not required for street or highway purposes. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the 1st day of March . , 1999. ay . ATTEST: APPROVED AS TO FORM: City Clerk 3 9 City Attorney zIL �� REVIEWED AND APPROVED: INITIATED AND APPROVED: �C�ityAd nistrator Director of Public Works 2 reso/j mf/j n/beach pch/02/12/99 Res. 99-11 Recorded in the County of Orange,California RECORDING REVUES T'D BY Gary L.Granville,Clerk/Recorder - ANID 41HEN RECORDED MAIL T0: . IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIillllllllllllllllllllllll No Fee 19990100312 2:32pm 02/10/99 004 7019976 07 28 CONNIE BROCKWAY CITY CLERK E01 4 04 0.00 6.00 9.00 0.0.0 0.00 0.00 0.00 CITY OF HUNTINGTON BEACH 0.00 0.00 http:/Mww.cl.huntinMon-boach.ca.us P 0 BOX 190-2000 MAIN STREET HUNTINGTON BEACH CA RWPE: R.W. Smith (1-5-99) space above this sine for Recorder's Use Written: RWS Checked: MP Ma No. F-- 712-3 & -4 Nnrkt C-M ROM PM No$ Number DIRECTOR'S DEED 12 Ora 1 23.0 DE 011783-2 (EASEMENT) . -1 l The State of California, acting by and through its Director.of Transportation, does hereby grant to the City of Huntington Beach, a municipal corporation, all right, title and interest in that Easement for State Highway purposes, in the City of Huntington Beach, County of Orange, State of California, reserved to the State of California in that deed (Director's Deed No. DD. 011783-01-01) recorded March 20, 1980 in Book 13542, page 672 of Official „ Records, in the office of the County Recorder of said county. EXCEPTING THEREFROM that portion of said Easement lying southwesterly of a line parallel with and distant northeasterly 10.0o feet, measured at right angles, from the northeasterly line of Parcel 2 of land described in the deed to the State of California recorded June 11, 1936, in Book 826, page 379 of said official Records. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Robert W. Smith f ,Licensed Land Surveyor No. 3158 �p tAN Date: January 5, 1999 Raga 1 of 2 MAIL TAX STATEMENTS T0: TSx.gorltmpt.Qovernment Agency We document Is solely for the CITY OF HUNTINGTON BEACH official business of the Clty q pQa e Brockway,C Clark of Huntington Beach, as contem- OF CALF Plated under Gov�arnment Code �' � Sec.6103 and should be recorded eputy free of charge. _ Res. 99-11 ` 4!�"XH/g/T q . Number r Subject to special assessments if any, restrictions, reservations, and easements of record. i This conveyance is executed pursuant to the authority vested in the Director of Transportation by law and, in particular, by the Streets-and Highways Code. WITNESS my hand and the seal of the epartment of Transportation of the State of California, this day of r 19 STATE.OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION Jose Medina Director of Transportation y A omey in Fa STATE OF CALIFORNIA PERSONAL ACKNOWLEDGMENT County of SS On this the 2 tlay of /L? L� J 9_U before me, Name,Tit"Of Officer-E.G.,'Jane D Pub(c' personally appeared Z -J�[ 4,0- • Name of Signer 0 personalty known to me roved to me on the basis of satisfactory evidence /to be the person whose name is subscribed to within instrument and acknowledged to me that h�sne wecuted the same in h' er authorized capacity,and that by h' r ignature on the instrument the person,or the entity upon be if of which the person acted,executed­ the instrument. NANCYBOC/WEGRA WITNESS my hand and official seal. CorreniSIM#11671V Notwy PubBc-Cadfforrtia (Nola Public's s' ature in and for said COP and State) (fa n=ry ssal or stamp) THIS IS TO CERTIFY That the California Transportation Commission has authorized the Director of Transportation to execute the forgoing deed under provisions of CTC RESOLUTION #G-95-07, approved on June 7, 1995,amending RESOLUTION#G-02 PERTAINING TO SALE OF EXCESS PROPERTY. Dated this. day of 19 99 . G._.... ... _ __ C,_ • . may Form RW 6-1 S&( T)(New 4196) USE FOR SALES DELEGATED TO DISTRICT Aqe--2 0-F 2 - - 6Xf,m/T /j Res. 99- q+-5 -owi7y 7-6 w - 13EA Q 4 INC o i o � v 32Ao - -- �'�rT,. 3�9 �2•(off � } � =. -�-t',�7� �-F �-��� � ' �E����"rn£NT o�T�2A��'0�TI4�aN -�►07"�?► �"�� PLA r A oolWAPv) r -[j: 5F, l0AF: l' II1 4 - Vim - Res. 99—.11 4- 2-98 ; 14:43 ;C.4LTR.4.NS D I ST ^ R/W-+ 714 724 2622;# 2/ 3 RECORDING.REQUESTED BY Recorded in the County of orange. California -f- STATE OF CALIFORNIA Gary L. Granville, C1er)t/Recorder °: IfIIIY��I���I�RAI!lhl�O� 1� No Fee WHEN RECORDED MAIL TO i 19970324873 2:07pm 07/09/97 Department ot.Transportarion i 005 .t2024552 12 33 ' District 23. Right of Way P14 2 7.00 3.00 1.90 0.00 0.00 0.09 2501 Pullman Street. Building "C' Santa Ana. CA 92705 Aaron: Larry Staley - N F�-' �A c=J �• O Y +rat i-'-ni area wish Original POWER OF ATTORNEY — Department of Transportation No. 500 (Including Revocation of Prior Powers of Attorney) 1, JAMES W. VAN LOBEN SELS, as Director of Transportation of the State of California, by virtue of the authority vested in me bylaw. do hereby appoint any one of the following named persons: J. M. McManus and/or Brice D. Paris and/or Lawrence J. Staley and/or Linda Wilford and/or Allan Goldstein and/or Teresa Cota- Arias and/or Ron Costcllu aud/or Greg Morton and/or Richard Standley and/or Larry Stevens of District 23 of tha Department of rramportanon as my attorney m tact with full'power to execute requests for full reconveyance of deeds of trust; to consent to deeds, grants or other instruments Lhercin. to the State of-California for transportation purposes. and to certify to the acceptance by the State of California of such-deeds. grants or other conveyances as required by Section 27281 of the Government Code. Brice D. Paris and/or Lawrence J. Staley and/or Linda Wilford and/or Teresa Cota-Arias and/or Carol Devorkin and/or Theo Walker and/or Mary Scott and/or Terry Moore and/or Deborah Meyers and/or Brenda Morrison of District 23 of the Department of Transportation as my attorney in tact with tall power to execute Agreements between Caltrans and Buyer when surplus residential properties arc disposed of by the Department of Transportation pursuant to Section 54235 to and including 54238.6 of the Government Code, and to execute conveyances of State-owned property by instruments designated Director's Deed. requests for full rcconveyancc and requests for partial reconveyance of deeds of trust. requests for subordination, and any other documents necessary and proper to complete a conveyance of properly on behalf of the California Transportation Commission pursuant to the provisions of the Streets and Highway Code or other statute.. PROVIDED. FURTHER. that my name may be subscribed to such instruments by stauip, typewriting or other mechanical means and need not be written manually by my said attorney in fact. The following Powers of Attorney executed by JAMES W. VAN LOBEN SELS as Director of Transportation of the.State of California are hereby revoked: No. 482 dated July 20. 1995 and naming Kenneth D. Steele and/or Joe W. Boyd and/or Junes U. Fisher and/or Greg Morton and/or Thcu Walker and/or James A. Dusini and%or David Paticr and/or.Caiol_S..Devorldn and/or Larry 1. Staley artoroeys in fact: No. 498 dated Febntary 7. 1997 and naming Stanley Lisiewicz and/or Linda L. Wilford and/or Richard D. Standley and/or Patricia L. Smith and/or'Terrence K. Moore as attorneys in tact: No. 499 dated May 23. 1997 and naming J. M. McManus and/or Brice D. Paris and/or Allen Goldstein and/or Teresa Cota-Arias and/or Lawrence J. Staley as anornevs in tact. — WITNESS my signature this � day of 1997. STATE OF CALIFORNIA Department of Traruportauon JAZ Z6 W. VAN LOBE'r -r.LS ~' Di tlLor Department of Transportation Fr.�e Rer^:t~inQ ��u9stsd Essonttal to Acqu.stion by 00pattment of TransRost>bon .(See 6103 Gov.GOO) Res. No. 9941 - 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 1st day of March, 1999 by the following vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff,Harman, Sullivan NOES: None ABSENT: ABSTAIN: City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTACHMENT 2 DIS T ;^'INTY •RT E. P.M. � CITY fir' HUh 1, i7 ON G 7 r✓.to 1 3.D o BEACH PARCEL NO. 011783-OJ-Ol�A1783) c.3 011784-01-01 M 1784) C Q , i W� 0 -o rho 61.9 . h zo D� °; . q 4. . M z0� ReServe for Highway Easement AREA= 46-930 S¢.Ft. /2.Z8' 17/.54' GOCAT/C�IV�_ ACQUIRED UNDER V11-ORA-6 0-Hty Bch. MAP - STATE RETAINS ACCESS RIGHTS \ `�Q STATE OF CAUFORNIA — DEFARTMENT OF TRANSPORTATION — DISTRICT 07 PL AT AC+lCOWPANnNG _ SCALE: NO Se-4L E 40IREV OR DEED DID D11783--ol-0l DRVyN:PS. CHKD: DATE: S-/6 " 77 REF. klAP.•F/7I '394. Pp RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: APPROVE VACATION OF EXCESS HIGHWAY RIGHT OF WAY FOR BEACH BLVD & PACIFIC COAST HIGHWAY- WATERFRONT DEVELOPMENT PROJECT COUNCIL MEETING DATE: March 1 , 1999 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 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 FOR RDED. Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ( ) City Clerk ( ) EXPLANATI"ON FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: G. Dysart Recording Requested By FIRST AMERICAN TITLE INS. CO. OR- IHIS ORIGINAL B98uMENI WAS SCANNED AND ELECTRONICALLY REOORDED ON When Recorded Mail To: MAR 0 5 1999 Document No. 2-0 oD ^4," First American Title Insurance Company 9/Z 6qS THIS SPACE FOR RECORDER'S USE ONLY f oNNle �Roc�r�s�y ��SO�u�►oN THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (ADDITIONAL RECORDING FEE APPLIES) RESOLUTION NO. 99-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE SUMMARY VACATION OF PORTIONS OF THE EXCESS RIGHT-OF-WAY AT THE NORTHWEST CORNER OF BEACH BOULEVARD AND PACIFIC COAST HIGHWAY WHEREAS, the City Council of the City of Huntington Beach wishes to summarily vacate portions of highway easements which are excess right-of-way and are not required for street or highway purposes pursuant to California Streets and Highways Code Section 8334(a); and Beach Boulevard and Pacific Coast Highway are arterial highways which are along the frontage of and adjacent to The Waterfront Ocean Grand Resort and Conference Center development project; and Said right-of-way constitutes portions of Beach Boulevard and Pacific Coast Highway, 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, and in particular with Sections 8334(a) and 8335, the City Council of the City of Huntington Beach hereby orders the vacation of portions of Beach Boulevard and Pacific Coast Highway. 2. Pursuant to Section 65402 of the California Government Code, the City of Huntington Beach Planning Commission, on August 25, 1998,made findings that Conditional Use Permit No. 97-46 and Tentative Tract Map No. 15535 for the Waterfront Ocean Grand Resort and Conference Center development project, which include the vacation of the subject excess highway easements, were in conformity with the City's General Plan and any applicable specific plan. 3. Pursuant to California Streets and Highways Code Section 892 (formerly Section 2381), the City Council of the City of Huntington Beach has made findings that the right-of-way is not useful as a nonmotorized transportation facility. 4. The portions of Beach Boulevard and Pacific Coast Highway hereby vacated are more particularly described as follows: this doourrient Is +ths 3 F.@.Pitt!.—i.'C .('L I 1 ont.sm ��k�PV���-�^-rnrr�cnrPd�k1t C! �'rvg4 `ii 1 l OP' �,.. l L-33 and aa'i"1oLM be recorded Gonnia Srocwixy,City%:ark 'res of ct'iarge. 1 reso/jmf/jn/beachpch/02/12/99 By , P�+tI ityy Clerk Res. 99-11 BEING THAT PORTION OF BEACH BOULEVARD AND PACIFIC COAST HIGHWAY, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED IN THAT DEED (DIRECTOR'S DEED NO. DD011783-2) RECORDED FEBRUARY LOTH IN 1999 AS DOCUMENT NUMBER 19990100312 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ATTACHED HEREBY AS EXHIBIT A. The City Council does hereby confirm that the portions of the highways herein vacated are excess right-of-way and are not required for street or highway purposes. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the 1st day of March , 1999. ay �� ATTEST: APPROVED AS TO FORM: City Clerk City Attorney zIL �� REVIEWED AND APPROVED: INITIATED AND APPROVED: (f)vo - �City�Adn�istrator Director of Public Works 2 reso;jmf/jn/beachpch/02/12/99 Res. 99-11 Recorded in the County of Orange,California RECORDING RE UESTAD B1' Gary L. Granville,Clerk/Recorder - AN'D WHEN RECORDED MAIL TO: Illllllilllllllllllllllllllllllllllllllllllilllillllll No Fee 19990100312 2:32pm 02/10/99 004 7019976 07 28 CONNIE BROCKWAY CITY CLERK E01 4 04 0.00 6.00 9.00 0.00 0.00 0.00 0.00 CITY OF HUNTINGTON BEACH 0.00 0.00 http:/Avww.cl.hurtting;on-bear.h.ca.us P O BOX 190-2000 MAIN STREET HUNTINGTON BEACH CA ' RWPE: R.W. Smith (1-5-99) space ii5ove this line for Recorder's use Written: RWS Checked: MP Ma No. F-1712-3 & -4 DWriet c*_V Rags fta Mae Number DIRECTOR'S DEED 12 Ora 1 23.0 DE 0117 8 3-2 (EASEMENT) A� r AI i The State of California, acting by and through its Director'o€ Transportation, does hereby grant to the City of Huntington Beach, a municipal corporation, all right, title and interest in that Easement for State Highway purposes, in the City of Huntington Beach, County of Orange, State of California, reserved to the State of California in that deed (Director's Deed No. DD 011783-01-01) recorded March 20, 1980 in Book 13542, page 672 of Official Records, in the office of the County Recorder of said county. EXCEPTING THEREFROM that portion of said Easement lying southwesterly of a line parallel with and distant northeasterly 10.00 feet, measured at right angles, from the northeasterly line of Parcel 2 of land described in the deed to the State of California recorded June 11, 1936, in Book 826, page 379 of said Official Records. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Robert W. Smith Licensed Land Surveyor No. 3158 EgkA91 Date: January 5, 1999 t Paga 1 of 2 MAIL TAX * �g��O STATEMENTS TO: T=.T="t-Government Agency Thle document is solely for the q �' CtTYOF HUNTING c0 NB EACH official business of the City e Brockway. of Huntington Beach, as contsm- CA�- 2 . Plated under Govar nment Code V sro�) Sec.B103 and should be recorded eputy free of charge. Res. 99-11 t"�Chfls 17,A . Number lf,,j� Subject to special assessments if any, restrictions, reservations, and easements of record. This conveyance is executed pursuant to the authority vested in the Director of Transportation by law and, in particular, by the Streets-and Highways Code. WITNESS my hand and the seal of the Department of Transportation of the State of California, this day of / ! 19 STATE.OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Jose Medina Director of Transportation Y A omey in Fa STATE OF CALIFORNIA PERSONAL ACKNOWLEDGMENT County of SS �7 On this the 2 day of before me, 1 G'. mil`,lc� Name,Titl f Officer-E.G.,'Jane D eta Pubic' personally appeared fGvtri.�cr�- Name of Signer Cl personally{maven to me /Vproved to me on the basis of satisfactory evidence to be the person whose name is subscribed tothp—within instrument and acknowledged to me that t•}risne executed the same in authorized capacity,and that by hi:��AT€r signature an the instrument the person,or the entity u;en�be�if of which the person acted, ut the instrument. �`J BOCAN WITNESS my hand and official seal. KANCY EGRACOmmkoon#1187127' Notay �Coul Ny Camrn.Bow Jun 15,21M (Nota Public's s4hature in and for said Cc and State) (ra rctify s.m Of stump) THIS IS TO CERTIFY That the California Transportation Commission has authorized the Director of Transportation to execute the forgoing deed under provisions of CTC RESOLUTION #G-95-07, approved on June 7, 1995, amending RESOLUTION #G-02 PERTAINING TO SALE OF EXCESS PROPERTY. � Q Dated this. r day of � ./.CCe1 . 19 9/ . �'j�r. _- : �� 1.� -✓ _. ..U= ��S. Form RW 6-1(S&T)(New 4196) ; USE FOR SALES DELEGATED TO DISTRICT '�►ge--'� n-F 2 �XN1B/T /yl Res. 99- Mu"'i y ,ni 0 P 1 _ Z3 a T?EA 1 lool Q "sue ri / o o� AO -5'r A76 Or o6rA17-rrtrJT ar-rgA1Z5tppFTnpioN -t►oT c--.rI� [DLA7 A Doom-pAmY1tj �- r Res. 99-11 BY: 4- 2-98 ; 14:43 XALTRXNIIS r 07 R/R- 714 724 2622.E 2/ 3 RECORDING REQUESTED BY Recorded in the County of Orange.' California -:;zY STATE OF CALIFORNIA Gary L. Granville, C 1 erk/Recorder No Fee WHEN RECORDED MAIL TO 19970324873 2:07pm 07/09/97 Departrrtera of Tran4porratioa I 005 %12024552 12 33 r I P14 2 7.00 3.00 1 .00 0.80 0.00 0.08 District 23. Right of Way 2501 Pullman Street, Building "C' Santa Ana. CA 92705 ' ; N F C: R p/ t Anr ation: Larry Staley - D C 0 Y joi i__mU&ta slid) Uriginal POWER OF ATTORNEY -- Department of Transportation No. 500 llncludine Revocation of Prior Powers of Attorney) 1. JAMES W. VAN LOBEN SEL.S, as Director of Transportation of the State of California, by virtue of the authority vested in me by law, do hereby appoint any one of the following named persons: J. M. McManus and/or Brice D. Paris and/or Lawrence J. Staley and/or Linda Wilford and/or Allan Goldstein and/or Teresa Cola- Arias and/or Ron Costello and/or Greg Morton and/or Richard Standley and/or Larry Stevens of District 23 of the Deparuarnt of •I'ramportation as my attorney in tact with full power to execute requests for full reconveymce of deeds of trust: to eousent to deeds. grants or other instruments therein, to the State of California for transportation purposes. and to certify to the acceptance by the State of California of such-eeds, grants or other conveyances as required by Section 27281 of the Government Code. Brice D. Paris arid/or Lawrence J. Staley and/or Linda Wilford and/or Teresa Cola-Arias and/or Carol Devorkin and/or Theo Walker and/or Mary Scott and/or Terry Moore and/or Deborah Meyers and/or Brenda Morrison of District 23 of the Department of Transportation as my attorney in fact with Hill power to execute Agreements between Caltrans and Buyer when surplus residential properties are disposed of by the Department of Transportation pursuant to Section 54235 to and including 54238.6 of the Goverttmcru Code, and to execute convevances of State-owned property by insuumcnts designated Director's Deed. requests for full reconveyamc and requests for partial reconveyance of deeds of trust. requests for subordination, and any other documents necessary and proper to complete a conveyance of properly nn behalf of the California Transportation Commission pursuanr to the provisions of the Streets and Highway Code or other statute. PROVIDED. FURTHER, that my name may be subscribed to such instrumctus by stamp, typewriting or other mechanical means u. d need not be written manually by my said attorney in fact. The following Powers of Attorney executed by JAMES W. VAN LOBEti SELS as Director of Traospottadon of the State of California are hereby revoked: No. 482 dated July 20. 1995 and naming Kenneth D. Steele and/or Joe W, Boyd and/or James G. Fisher and/or Greg Morton andlor Thcu Walker and/or James A. Dusini and/or David Paricr and/or Carol S. Devorkin and/or Larry J. Staley attorneys in fact: No. 498 dated.February 7. 1997 and naming Stanley i.isiewicz and/or Linda L. Wilford and/or Richard D. Standley and/or Patricia L. Smith and/or'Terrence K. Moore as auorneys in tact. No. 499 dared May 23. 1997 and naming J. M. McManus and/or Brice D. Paris and/or Allen Guldstein and/or Teresa Coca-Arias and/or Lawrence J. Staley as attorneys in fact. — WITNESS my signature this 17 , day of 1997. STATE OF CALIFORNIA Deparuuent of Transportauon J.ku I/ S W. VAN LOBEi' i:L$ D i+,(tor Department of Transportation - rr^.9 R9e'=�ing t'�aR�� Essential to Acquistion by D9panment al TransWULWn IS Be ro103 Gov.COde) Res. No. 99-11 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTL\'GTON 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 Ciiy 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 1st day of March, 1999 by the following vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: ABSTAIN: City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California The foregoing instrul—Ilent is a correct copy cf the original cn file in this office. Attest � �-k-- '`�, 19 --C VNIE BRQ KI VAY. City Clp-', e.n l E>: 3f f 'e vita, Ccncil of the City of Huntington Beach, California. By _ :_ t}eputy