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HomeMy WebLinkAboutResolution 99-22 - Vacation of Easement for Public Street Pu 1 : Fe. CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFOflN4A 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK July 7, 1999 METRO WATER DIST OF SO CALIF x� c � ATTN CIVIL ENGINEER _ SUBSTRUCTURE SECTION P O BOX 54153 TERMINAL ANNEX `' r' LOS ANGELES CA 90054 f) To whom it may concern: cf C� v The City Council of the City of Huntington Beach at the regular meeting held.on April.5, 1999 adopted Resolution No. 99-22 ordering the the vacation of of an easement for public street purposes over a portion of Banning Avenue at Magnolia Street. Enclosed is a certified copy of said recorded resolution for your records. METROPOUTAN HAS NO EI(ISTNG OR PROPOSED' L//� FACILITIES 0 6CT THE AREA ANO HAS NO 000ION TO THE VAC0lDla:`.__�.. � ►�-� Connie Brockway, CMC Signed. IilulA MASS 1 City Clerk -' PRINCIPAL 9NOINEEA CB:jc DaterWL 2 1 x_oe -- Enclosure: Certified Copy of Resolution No. 99-22 Copies to: PFRD Geomatics O C Water District O C Assessor's Office: General Telephone Company Registrar of Voters-M[ap 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 0 C Board of Supervisors Water Oper.Manager Postal Service Address Nlgmt.Systems Metro Water District of Southern California Fire Department/ O C Environmental Man Agency-Survey Map Maker G:followup/vacstltr (Telephone:714-536-5227) ,•,, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFO-RNtA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK July 7, 1999 To whom it may concern: The City Council of the City of Huntington Beach at the regular meeting held on April 5, 1999 adopted Resolution No. 99-22 ordering the the vacation of of an easement for public street purposes over a portion of Banning Avenue at Magnolia 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. 99-22 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 1 Telephone:714-536-5227) PLEASE COMPLETE THIS INFORMATION �U RECORDING REQUESTED BY: ' Recorded in the County of Orange—California RGary L. Gr-Inville,AND WHEN RECOD MA L TO;- 1111111111111111111 Jill Clerk/Recorder� 19990454324 09; 17am 06/18/99 005 170151505 17 77 1 �';1� l C R28 8 6.00 21 .00 0.00 0.00 0.00 0.00 THIS SPACE FOR RECORDER'S USE ONLY TITLE a r THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) b 11/92 PLEASE COMPLETE THIS INFORMATION Recorded RECORDING REQUESTED BY:. Gar in the Count Y Granville, Clerk Recorcteof Orange a11fornia 1111111111111�II�I�IIIIIIII�IIIIII��IIIIIIIIIIIIIII 1 Illllliiliilii No Fee 005 10049608 9990410276 10;27am 06103/99 AND WHEN RECORDED MAIL TO: R28 4 6.00 9.0000600 0.00 0.00 0.00 o oo .r3 4-31 a ct 4-) > / (� THIS SPACE FOR RECORDER'S USE ONLY r-4 tr o r- TITLE OF DOCUMENT: v � .0 O .0 O 14 O � u) ro Q) -. >4 o .. v �4 4-3 r-+ 3 U >1 N •r-I 3-1 U O U O N >4 N >1.4 A 'CS rti N U UI N O � t3' U N r� S4 > IS O •rl O N U 4.) U r. �4 •r-1 N 44 a o THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording tee applies) sl RESOLUTION NO. 99-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE VACATION OF AN EASEMENT FOR PUBLIC STREET PURPOSES OVER A PORTION OF BANNING AVENUE AT MAGNOLIA STREET WHEREAS, on March 1, 1999, the City Council of the City of Huntington Beach adopted Resolution No. 99-14 declaring its intention to vacate an easement for public street purposes over a portion of Banning Avenue at Magnolia Street, and referring to maps and plans on file in the office of the City Clerk for particulars as to the proposed vacation; and Said resolution fixed the time and place of April 5, 1999, at the hour of 7:00 P.M., or as soon thereafter as the matter could be heard, in the Council Chambers in the Civic Center, for hearing all persons interested in or objecting to the proposed vacation, which time was not less than fifteen (15) days from the passage of this resolution. Notices of vacation were posted conspicuously along the easement section proposed for vacation, and such notices were posted not more than three hundred (300) feet apart and at least three (3) were posted. On April 5, 1999, at the hour of 7:00 P.M., in the Council Chambers in the Civic Center, the City Council of the City of Huntington Beach did convene for the purpose of hearing all persons interested.in or objecting to the proposed vacation of an easement for public street purposes over a portion of Banning Avenue at Magnolia Street, at which time no acceptable objection was made to said vacation, and evidence was presented showing that said easement is not necessary for present or prospective public uses and its not suitable for use or development as bicycle paths or routes. NOW, THEREFORE, the City Council of the City of Huntington Beach, pursuant to Division 9, Part 3, Chapter 3 of the California Streets and Highways Code, commencing with Section 8320, does resolve that the easement for public street purposes over a portion of Banning Avenue at Magnolia Street, is not necessary for present or prospective public use, and is not suitable for use or development as bicycle paths or routes, and it is hereby ORDERED that the easement for public street purposes over a portion of Banning Avenue at Magnolia Street is hereby vacated; and that the section so vacated is more particularly described as follows: This document is solely for the official business of the City of HunVnatcn :each, as contem- Taos-Exempt-Govemtnent Agency F"a;ed under Government Code CITy OF HUNTINGTON BEACH Sec. 6103 and should be recorded C • Brockway,city Cierk free of charge, jmp/l resolt ion/constant/2/t 6/99 1 3Y. Putt'City Cleiill4 THAT PORTION OF BANNING AVENUE, IN THE CITY OF HUNTINGTON BEACH,- COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN-AND DEDICATED ON THE MAP OF TRACT NO. 3903, FILED IN BOOK 165, PAGES 48, 49 AND 50 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF BANNING AVENUE AS SHOWN ON SAID MAP, SAID POINT BEING ALSO THE NORTHWEST CORNER OF LOT 216 OF SAID TRACT NO. 3903, THENCE ALONG THE WESTERLY LINE OF SAID TRACT, NORTH 00'27'20' WEST 17.27 FEET; THENCE NORTH 45'00'00' EAST 13.40 FEET TO A POINT ON A NONTANGENT CURVE, CONCAVE NORTHEASTERLY, WITH A RADIUS OF 390.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 20'51'20' WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05'11'42', AN ARC DISTANCE OF 35.36 FEET TO A POINT THROUGH WHICH A RADIAL LINE BEARS SOUTH 15'39'38' WEST; THENCE SOUTH 31'30'00' EAST 7.20 FEET; THENCE SOUTH 68'57'20' EAST 25.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 216, BEING ALSO ON THE AFORESAID SOUTHERLY LINE OF BANNING AVENUE; THENCE SOUTH 89'32'40' WEST 70.00 FEET ALONG THE NORTHERLY LINE OF LOT 216 AND ALONG SAID SOUTHERLY LINE OF BANNING AVENUE TO THE POINT OF BEGINNING. ENCOMPASSING A COMPUTED AREA OF 1056 SQUARE FEET PASSED AND ADOPTED by the.City Council of the City of Huntington Beach at a regular meeting held thereof on the 5th day of ril , 1999. \��h,A Ma or ATTEST: APPROVED AS TO FOR 1 e ' &ACity Attorney r— REVIEWED AND APPROVED IN AND APPR :. City AdrKnistrator -_ � Director of Public Works / P 99 7c- 2 jmp/k/resolution/constan2/1/26/99 Res. No. 99-22 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 5th day of April, 1999 by the following vote: AYES: Bauer, Green,Dettloff, Harman, Sullivan NOES: None ABSENT: None (Julien, Garofalo—out of the room) ABSTAIN: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California The foregoing instrument is 6 correct copy of the original on file in this office. Attest `��C4? 19� MNNIE BROCKWAY City Clerk and Ex-cf-licio Clerk of t)e City Council of the City of Huntington_ Beach, By Deputy PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: Recorded in the CourftY of Orange, California Gary L. Gra ville.IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111111111111I111111 Clerk/Recorder AND WHEN RECORDED MAIL T0: I IIIIIII 005 1004960 199904-10279 10;27am 06/03/99 8 10 67 R28 4 6.00 9.00 0.00 0.00 0.00 0.00 { I Lim THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT: D all THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording tee applies) V RESOLUTION NO. 99-14 A RESOLUTION OF THE CITY COUNChL OF THE CITY OF HUNTINGTON BEACH DECLARING INTENT TO VACATE AN EASEMENT FOR PUBLIC STREET PURPOSES OVER A PORTION OF BANNING AVENUE AT MAGNOLIA STREET The City Council of the City of Huntington Beach does hereby resolve as follows: SECTION 1. A public meeting was held before the Planning Commission on January 12, 1999 at which time it was determined, pursuant to Government Code Section 65402, that the proposed vacation of an easement for public street purposes over a portion of Banning Avenue at Magnolia Street, conformed to the City's general plan. SECTION 2. Pursuant to Division 9, Part 3, Chapter 3 of the California Streets and Highways Code, commencing with Section 8320, the City Council of the City of Huntington Beach hereby declares its intention to vacate for public street purposes an easement over a portion of Banning Avenue at Magnolia Street, more particularly described as follows: THAT PORTION OF BANNING AVENUE, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN AND DEDICATED ON THE MAP OF TRACT NO. 3903, FILED IN BOOK 165, PAGES 48, 49 AND 50 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF BANNING AVENUE AS SHOWN ON SAID MAP, SAID POINT BEING ALSO THE NORTHWEST CORNER OF LOT 216 OF SAID TRACT NO. 3903, THENCE ALONG THE WESTERLY LINE OF SAID TRACT, NORTH 00'27'20' WEST 17.27 FEET; THENCE NORTH 45'00'00' EAST 13.40 FEET TO A POINT ON A NONTANGENT CURVE, CONCAVE NORTHEASTERLY, WITH A RADIUS OF 390.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 20'51'20' WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05'11'42', AN ARC DISTANCE OF 35.36 FEET TO A POINT THROUGH WHICH A RADIAL LINE BEARS SOUTH 15'39'38' WEST; THENCE SOUTH 31'30'00' EAST 7.20 FEET; THENCE SOUTH 68'57'20' EAST 25.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 216, BEING ALSO ON THE AFORESAID SOUTHERLY LINE OF BANNING 'AVENUE; Tax-Exempt-Govemment AgenoHENCE SOUTH 89'32'40' WEST 70.00 FEET ALONG THE NORTHERLY LINE OF CITY of HUNTINGTON BF--ACFLOT 216 AND ALONG SAID SOUTHERLY LINE OF BANNING AVENUE TO THE nnie Brockway,city Clerk POINT OF BEGINNING. 3 ' eputy City Clark —ENCOMPASSING A COMPUTED AREA OF 1056 SQUARE FEET SECTION 3. The City Clerk is directed to maintain on file in the office of the City Clerk maps or plans showing the particulars of the proposed vacation for street purposes of a portion of Banning Avenue at Magnolia Street, and reference is hereby made to such maps and plans for particulars as to said proposed vacation. This document is solely for the c`•`c!al business of the City e n°-�ril:r�� on Beach, �s contem- 1 =per' und3r GovQrnment Code E`a� an should be recorded 31k/resolution/constan/1/20/99 frea of charge. i Res. 99-14 SECTION 4. The City Council does hereby fix April 5, 1999, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard in Council Chambers in the Civic Center, as the time and place for hearing all persons interested in or objecting to the proposed vacation, which time is not less than fifteen (15) days from the passage of this resolution. SECTION 5. The City Clerk is directed to cause a copy this resolution to be published in a weekly newspaper, published and circulated in Huntington Beach for at least two successive weeks prior to the time set herein for the public hearing. SECTION 6. The Director of Public Works is directed to post, or cause to be posted, notices of vacation conspicuously along the easement proposed to be vacated at least two weeks before the date of the hearing. The notices shall be posted not more than 300 feet apart, but at least three notices shall be posted. The notices shall state the day, hour, and place of the hearing, and shall refer to the adoption of this resolution of intention, and shall describe the easement or shall include a map or plan showing the location of the easement proposed to be vacated. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the 1st day of , 1999. V�t—4 ATTECS May r APPROVED AS TO FORM: City Clerk 11,�� REVIEWED AND APPROVED 6/City Attorney .c,GG.�. h I AND APPROV / 5? City Adrrinist ator </ irector of Public Works 2 i m p k/re s o f u ti o n/co n s t a n/2/16/9 9 Res. No. 99-14 STATE OF CALIFORlti IA ) COUNTY OF ORANGE ) ss: CITY OF HUNTItiNGTON BEACH ) I, CONNLE 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: None ABSTAIN: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California The foregoing instrument is a correct COPY of the original on fife in this office. Attest o?�, _ 19? CONNIE BROCKWAY City Clerk and Ex-cfir. c of file City Council of the City of Huntington Beach, _ Calif By Deputy /fry r U J PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: Recorded ill the County of orange, California AND WHEN RECORD D MA L TO* Granville,IIIII I IIII ICIIIIl IIeII rIIIkI Gary L. /Recoe No Fee C 005 17015505 „9990454324 09, 17am 06/18/99 77 � ) IR28 8 6.00 21 .00 0.00 0.00 0.00 0.00 THIS SPACE FOR RECORDER'S USE ONLY 1-T TITLE 64L, � THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 11/92 .. . .-�. T PLEASE COMPLETE THIS.INFORMATION RECORDING REQUESTED BY: Recorded in the Gary L. Gr County of Oran ge I�'ll'II�IIIIIII'IIII'IIIII"IIIII��IIIIII�flllll Clerk/Recordpalifornia No Fee AND WHEN RECORDED MAIL TO: R28 q�6049608 10 99 90410278 10;27am 06/03/99 C � 00 9.00 0.00 0.00 0.00 0.00 �-� �� ttn 1m o / t � c THIS SPACE FOR RECORDER'S USE ONLY a , . a z: TITLE OF DOCUMENT: s4 v vw .. O c O s4 o r v � ro v �4 �4 O y v rI 4j x � >4 ri 3 U 4J rO U O U v v v A ro v U 4j N v v •I) v U v r !4 9 by O Z 4-) .H rO 4-) P s:: O Cl) U 4 v � }4 •r I v W a o THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording tee applies) RESOLUTION NO. 99-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE VACATION OF AN EASEMENT FOR PUBLIC STREET PURPOSES OVER A PORTION OF BANNING AVENUE AT MAGNOLIA STREET WHEREAS, on March 1, 1999, the City Council of the City of Huntington Beach adopted Resolution No. 99-14 declaring its intention to vacate an easement for public street purposes over a portion of Banning Avenue at Magnolia Street, and referring to maps and plans on file in the office of the City Clerk for particulars as to the proposed vacation; and Said resolution fixed the time and place of April 5, 1999, at the hour of 7:00 P.M., or as soon thereafter as the matter could be heard, in the Council Chambers in the Civic Center, for hearing all persons interested in or objecting to the proposed vacation, which time was not less than fifteen (15) days from the passage of this resolution. Notices of vacation were posted conspicuously along the easement section proposed for vacation, and such notices were posted not more than three hundred (300) feet apart and at least three (3) were posted. On April 5, 1999, at the hour of 7:00 P.M., in the Council Chambers in the Civic Center, the City Council of the City of Huntington Beach did convene for the purpose of hearing all persons interested in or objecting to the proposed vacation of an easement for public street purposes over a portion of Banning Avenue at Magnolia Street, at which time no acceptable objection was made to said vacation, and evidence was presented showing that said easement is not necessary for present or prospective public uses and its not suitable for use or development as bicycle paths or routes. NOW, THEREFORE, the City Council of the City of Huntington Beach, pursuant to Division 9, Part 3, Chapter 3 of the California Streets and Highways Code, commencing with Section 8320, does resolve that the easement for public street purposes over a portion of Banning Avenue at Magnolia Street, is not necessary for present or prospective public use, and is not suitable for use or development as bicycle paths or routes, and it is hereby ORDERED that the easement for public street purposes over a portion of Banning Avenue at Magnolia Street is hereby vacated; and that the section so vacated is more particularly described as follows: This document is solely for the offlclal busi-ness of the City of Huntington Beach, as contem- Tax-Exempt-GovemmentAgency plated under Government Code CITY OF HUNTINGTON BEACH Sec. fit a�3 and should be recorded c Brockway,city Clerk fees of charge, imp/k/resolution/constan2/2/l6/99 1 QY. P�Ciity Gies THAT PORTION OF BANNING AVENUE, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN AND DEDICATED ON THE MAP OF TRACT NO. 3903, FILED IN BOOK 165, PAGES 48, 49 AND 50 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF BANNING AVENUE AS SHOWN ON SAID MAP, SAID POINT BEING ALSO THE NORTHWEST CORNER OF LOT 216 OF SAID TRACT NO. 3903, THENCE ALONG THE WESTERLY LINE OF SAID TRACT, NORTH 00'27'20'WEST 17.27 FEET; THENCE NORTH 45'00'00' EAST 13.40 FEET TO A POINT ON A NONTANGENT CURVE, CONCAVE NORTHEASTERLY, WITH A RADIUS OF 390.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 20'51'20' WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05'11'42', AN ARC DISTANCE OF 35.36 FEET TO A POINT THROUGH WHICH A RADIAL LINE BEARS SOUTH 15'39'38' WEST; THENCE SOUTH 31'30'00' EAST 7.20 FEET; THENCE SOUTH 68'57'20' EAST 25.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 216, BEING ALSO ON THE AFORESAID SOUTHERLY LINE OF BANNING AVENUE; THENCE SOUTH 89'32'40' WEST 70.00 FEET ALONG THE NORTHERLY LINE OF LOT 216 AND ALONG SAID SOUTHERLY LINE OF BANNING AVENUE TO THE POINT OF BEGINNING. ENCOMPASSING A COMPUTED AREA OF 1056 SQUARE FEET PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the 5th day of ril , 1999. Ma or ATTEST: APPROVED AS TO FOR l �ity Attorney REVIEWED AND APPROVED 7,2`-41 .,� IN AND APPRO City Adriffinistrator Director of Public Works v3p9/l 2 jmp/k/resolution/constant/l/26/99 Res. No. 99-22 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 5th day of April, 1999 by the following vote: AYES: Bauer, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None (Julien, Garofalo—out of the room) ABSTAIN: None L�s3s�,G City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California The foregoing instrument is a correct copy of the original on file in this office. Attest CONNIE BROCKWAY City Clerk and Ex-cflicio Clerk of Ile City Council of the City of Huntington_ Beach, By Deputy PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: Recorded in the County of Orange, California Gary L.Granville, Clerk/Recorder AND WHEN RE No Fe —CORDED MAIL T0: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII '��II e 10049 19990410279 10;27am 06/03/99 608 10 67 R28 4 6.00 9.00 0.00 0.00 0.00 PCU,(, d/1 0.00 THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT: F` THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) RESOLUTION NO. 99-14 A RESOLUTION OF THE CITY COUNCFL OF THE CITY OF HUNTINGTON BEACH DECLARING INTENT TO VACATE AN EASEMENT FOR PUBLIC STREET PURPOSES OVER A PORTION OF BANNING AVENUE AT MAGNOLIA STREET The City Council of the City of Huntington Beach does hereby resolve as follows: SECTION 1. A public meeting was held before the Planning Commission on January 12, 1999 at which time it was determined, pursuant to Government Code Section 65402, that the proposed vacation of an easement for public street purposes over a portion of Banning Avenue at Magnolia Street, conformed to the City's general plan. SECTION 2. Pursuant to Division 9, Part 3, Chapter 3 of the California Streets and Highways Code, commencing with Section 8320, the City Council of the City of Huntington Beach hereby declares its intention to vacate for public street purposes an easement over a portion of Banning Avenue at Magnolia Street, more particularly described as follows: THAT PORTION OF BANNING AVENUE, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN AND DEDICATED ON THE MAP OF TRACT NO. 3903, FILED IN BOOK 165, PAGES 48, 49 AND 50 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF BANNING AVENUE AS SHOWN ON SAID MAP, SAID POINT BEING ALSO THE NORTHWEST CORNER OF LOT 216 OF SAID TRACT NO. 3903, THENCE ALONG THE WESTERLY LINE OF SAID TRACT, NORTH 00'27'20' WEST 17.27 FEET; THENCE NORTH 45'00'00' EAST 13.40 FEET TO A POINT ON A NONTANGENT CURVE, CONCAVE NORTHEASTERLY, WITH A RADIUS OF 390.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 20'51'20' WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05'11-42', AN ARC DISTANCE OF 35.36 FEET TO A POINT THROUGH WHICH A RADIAL LINE BEARS SOUTH 15'39'38' WEST; THENCE SOUTH 31'30'00' EAST 7.20 FEET; THENCE SOUTH 68'57'20' EAST 25.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 216, BEING ALSO ON THE AFORESAID SOUTHERLY LINE OF BANNING 'AVENUE; Taos-Exempt-Government Agenef HENCE SOUTH 89'32'40' WEST 70.00 FEET ALONG THE NORTHERLY LINE OF CITY of HUNTINGTON REACH.OT 216 AND ALONG SAID SOUTHERLY LINE OF BANNING AVENUE TO THE nnnie Brockway,city clerk POINT OF BEGINNING. 6ax L - B (/,Deputy City Cler k NCOMPASSING A COMPUTED AREA OF 1056 SQUARE FEET SECTION 3. The City Clerk is directed to maintain on file in the office of the City Clerk maps or plans showing the particulars of the proposed vacation for street purposes of a portion of Banning Avenue at Magnolia Street, and reference is hereby made to such maps and plans for particulars as to said proposed vacation. This document is solely for the ef'ic al business of the City c;_ Hu rt;ng on Be..,- - contem- 1 r--`a;Lert undor Govi-,r nment Code 6vc• s,a and should be recorded 3/k/resolubon/constan/1/20/99 free of charge, Res. 99-14 SECTION 4. The City Council does hereby fix April 5, 1999, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard in Council Chambers in the Civic Center, as the time and place for hearing all persons interested in or objecting to the proposed vacation, which time is not less than fifteen (15) days from the passage of this resolution. SECTION 5. The City Clerk is directed to cause a copy this resolution to be published in a weekly newspaper, published and circulated in Huntington Beach for at least hvo successive weeks prior to the time set herein for the public hearing. SECTION 6. The Director of Public Works is directed to post, or cause to be posted, notices of vacation conspicuously along the easement proposed to be vacated at least two weeks before the date of the hearing. The notices shall be posted not more than 300 feet apart, but at least three notices shall be posted. The notices shall state the day, hour, and place of the hearing, and shall refer to the adoption of this resolution of intention, and shall describe the easement or shall include a map or plan showing the location of the easement proposed to be vacated. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the ist day of , 1999. ATTES May r APPROVED AS TO FORM: City Clerk 7 �'f REVIEWED AND APPROVED City Attorney �.c.GG•�. I AND APPROV !�5) City Administ ator irector of Public Works 2 jmpk/resolution/constan/2/16/99 Res. No. 99-14 STATE OF CALIFOICN IA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, COME 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: None ABSTAIN: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California The foregoing instrument is a correcf copy of the original on file in this office. Attest ` �t.�c,�.o2�� 1 g�� CONNIE BROCKWAY City Clerk a-iid Ex-crir.i'. 0;9- it of i)e City Council of the Cit Calif y of Huntington Beach, _ ' BY Deputy t , CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK June 9, 1999 Gary L. Granville, County Clerk-Recorder P. 0. Box 238 Santa Ana, CA 92702 In error the Clerk's Office sent the enclosed two documents (Resolution No. 99-14 and Resolution No. 99-22) to be recorded separately, rather than as one document. They were recorded 6/3/99. Also, in error Resolution No. 99-22 was sent to you at an earlier date and recorded on 5/24/99. I am requesting that Resolution No. 99-22 (Order) and Resolution No. 99-14 (Intent) be [re-recorded] as one document. Enclosed is a copy to be conformed and a stamped, self-addressed envelope. Please call me at 536-5404 or Janelle Case, Deputy City Clerk 536-5260 if there is another way this can be accomplished. Thank you for your assistance. Sincerely, I Connie Brockway, CMC City Clerk Enclosures CB/jc g:\followup\deedltr:Resolutions of Intent and Vacation (Telephone:714-536-5227) PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: Recorded in Gary L, Gth"le county of ��"I'IIIII'I�I�'I�II�I�III'IIII�I�IIII'II' Orange Ga 1 {orni a 'IIIIIIIII�I�IIIIII'II /Rec 1�er 199904102�� 10, o Fee AND WHEN RECORDED MAIL TO: R285q �600060EI 10 67 am 06/03/99 9.00 0.00 0.00 0.00 0.00 f—t� 1 � n s~ rti I j ; I �-' � 1 o , � ; Y THIS SPACE FOR RECORDER'S USE ONLY rr o c TITLE OF DOCUMENT: b 4J � o r- 4J �4 O N N 'LS N 1�-1 �•1 O N s~ � U Z3 >1 N 4J rO -H W U O U N U O A s~ ro ra N U t1� N N 4-) :1 of 01 U a) m bn O •r•I ro 41 �4 Z O a) U +� L4 rl 1 vw a o THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) RESOLUTION NO. 99-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE VACATION OF AN EASEMENT FOR PUBLIC STREET PURPOSES OVER A PORTION OF BANNING AVENUE AT MAGNOLIA STREET WHEREAS, on March 1, 1999, the City Council of the City of Huntington Beach adopted Resolution No. 99-14 declaring its intention to vacate an easement for public street purposes over a portion of Banning Avenue at Magnolia Street, and referring to maps and plans on file in the office of the City Clerk for particulars as to the proposed vacation; and Said resolution fixed the time and place of April 5, 1999, at the hour of 7:00 P.M., or as soon thereafter as the matter could be heard, in the Council Chambers in the Civic Center, for hearing all persons interested in or objecting to the proposed vacation, which time was not less than fifteen (15) days from the passage of this resolution. Notices of vacation were posted conspicuously along the easement section proposed for vacation, and such notices were posted not more than three hundred (300) feet apart and at least three (3) were posted. On April 5, 1999, at the hour of 7:00 P.M., in the Council Chambers in the Civic Center, the City Council of the City of Huntington Beach did convene for the purpose of hearing all persons interested in or objecting to the proposed vacation of an easement for public street purposes over a portion of Banning Avenue at Magnolia Street, at which time no acceptable objection was made to said vacation, and evidence was presented showing that said easement is not necessary for present or prospective public uses and its not suitable for use or development as bicycle paths or routes. NOW, THEREFORE, the City Council of the City of Huntington Beach, pursuant to Division 9, Part 3, Chapter 3 of the California Streets and Highways Code, commencing with Section 8320, does resolve that the easement for public street purposes over a portion of Banning Avenue at Magnolia Street, is not necessary for present or prospective public use, and is not suitable for use or development as bicycle paths or routes, and it is hereby ORDERED that the easement for public street purposes over a portion of Banning Avenue at Magnolia Street is hereby vacated; and that the section so vacated is more particularly described as follows: This document is solely for the official business of the City of Huntington, Beach, as contem- Tax-Exempt-Govemment AgoncY dated under Government Code CITY OF Sic. 61 G3 and should be recorded C HUNTINOTQN BEACH Brockway,City Clerk tree of charge. jmp/k/resolution/constnn2/2/16/99 1 QY. puty city C THAT PORTION OF BANNING AVENUE, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN AND DEDICATED ON THE MAP OF TRACT NO. 3903, FILED IN BOOK 165, PAGES 48, 49 AND 50 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF BANNING AVENUE AS SHOWN ON SAID MAP, SAID POINT BEING ALSO THE NORTHWEST CORNER OF LOT 216 OF SAID TRACT NO. 3903, THENCE ALONG THE WESTERLY LINE OF SAID TRACT, NORTH 00'27'20' WEST 17.27 FEET; THENCE NORTH 45'00'00' EAST 13.40 FEET TO A POINT ON A NONTANGENT CURVE, CONCAVE NORTHEASTERLY, WITH A RADIUS OF 390.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 20'51'20' WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05" 1'42', AN ARC DISTANCE OF 35.36 FEET TO A POINT THROUGH WHICH A RADIAL LINE BEARS SOUTH 15'39'38' WEST; THENCE SOUTH 31'30'00' EAST 7.20 FEET; THENCE SOUTH 68'57'20' EAST 25.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 216, BEING ALSO ON THE AFORESAID SOUTHERLY LINE OF BANNING AVENUE; THENCE SOUTH 89'32'40' WEST 70.00 FEET ALONG THE NORTHERLY LINE OF LOT 216 AND ALONG SAID SOUTHERLY LINE OF BANNING AVENUE TO THE POINT OF BEGINNING. ENCOMPASSING A COMPUTED AREA OF 1056 SQUARE FEET PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the 5th day of ri1 h, A Ma or ATTEST: APPROVED AS TO F1-k OR 1 e ity Attorney REVIEWED AND APPROVED 7,2`-41 0-T IN AND APPRO City Ad inistrator /c Director of Public Works /vP 99 n 2 jmp/k/resolution/constan2/1/26/99 Res. No. 99-22 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 5th day of April, 1999 by the following vote: AYES: Bauer, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None (Julien, Garofalo—out of the room) ABSTAIN: None C�s3sK�G City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California The foregoing instrument is a correct copy of the original on file in this office. cO NIE BROCKWAY City Clerk and Ex-cf icio Clerk of the City Couinc-il of the City of huntington Beach, �Cai a. By Deputy PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: Recorded in the County of Orange, California Gary L. Granville,AND WHEN RECORDED MAIL T0: 111111111111111 Jill 1111 'ReCONoeFee C005 10049608 109990410279 10;27am 06/03/99( R28 4 6.00 9.00 0.0 0 0.00 0.00 0.00 THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT: 8 THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording tee applies) M ncn r•r•r n ,.r•..�•^�• RESOLUTION NO. 99-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING INTENT TO VACATE AN EASEMENT FOR PUBLIC STREET PURPOSES OVER A PORTION OF BANNING AVENUE AT MAGNOLIA STREET The City Council of the City of Huntington Beach does hereby resolve as follows: SECTION 1. A public meeting was held before the Planning Commission on January 12, 1999 at which time it was determined, pursuant to Government Code Section 65402, that the proposed vacation of an easement for public street purposes over a portion of Banning Avenue at Magnolia Street, conformed to the City's general plan. SECTION 2. Pursuant to Division 9, Part 3, Chapter 3 of the California Streets and Highways Code, commencing with Section 8320, the City Council of the City of Huntington Beach hereby declares its intention to vacate for public street purposes an easement over a portion of Banning Avenue at Magnolia Street, more particularly described as follows: THAT PORTION OF BANNING AVENUE, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN AND DEDICATED ON THE MAP OF TRACT NO. 3903, FILED IN BOOK 165, PAGES 48, 49 AND 50 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF BANNING AVENUE AS SHOWN ON SAID MAP, SAID POINT BEING ALSO THE NORTHWEST CORNER OF LOT 216 OF SAID TRACT NO. 3903, THENCE ALONG THE WESTERLY LINE OF SAID TRACT, NORTH 00'27'20' WEST 17.27 FEET; THENCE NORTH 4600'00' EAST 13.40 FEET TO A POINT ON A NONTANGENT CURVE, CONCAVE NORTHEASTERLY, WITH A RADIUS OF 390.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 20'51'20' WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05-11'42', AN ARC DISTANCE OF 35.36 FEET TO A POINT THROUGH WHICH A RADIAL LINE BEARS SOUTH 15'39'38' WEST; THENCE SOUTH 31'30'00' EAST 7.20 FEET; THENCE SOUTH 68'57'20' EAST 25.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 216, BEING ALSO ON THE AFORESAID SOUTHERLY LINE OF BANNING 'AVENUE; raoc-{Exempt-Covemment AgenoHENCE SOUTH 89'32'40' WEST 70.00 FEET ALONG THE NORTHERLY LINE OF CITY OF HUNTINGTON RF-ACFLOT 216 AND ALONG SAID SOUTHERLY LINE OF BANNING AVENUE TO THE nnie Brockway,city Clerk POINT OF BEGINNING. B ' —ENCOMPASSING A COMPUTED AREA OF 1056 SQUARE FEET eputy City Clerk bp SECTION 3. The City Clerk is directed to maintain on file in the office of the City Clerk maps or plans showing the particulars of the proposed vacation for street purposes of a portion of Banning Avenue at Magnolia Street, and reference is hereby made to such maps and plans for particulars as to said proposed vacation. This document is solely for the business of the City C:` tea r!;��s:_�� Be�rh, Gs contem- 1 r� a:.e� undar Government Code E 3/k/resoluti on/con s tan/1/20/99 and should be re=ded fret of charge. Res. 99-14 SECTION 4. The City Council does hereby fix April 5, 1999, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard in Council Chambers in the Civic Center, as the time and place for hearing all persons interested in or objecting to the proposed vacation, which time is not less than fifteen (15) days from the passage of this resolution. . SECTION 5. The City Clerk is directed to cause a copy this resolution to be published in a weekly newspaper, published and circulated in Huntington Beach for at least two successive weeks prior to the time set herein for the public hearing. SECTION 6. The Director of Public Works is directed to post, or cause to be posted, notices of vacation conspicuously along the easement proposed to be vacated at least two weeks before the date of the hearing. The notices shall be posted not more than 300 feet apart, but at least three notices shall be posted. The notices shall state the day, hour, and place of the hearing, and shall refer to the adoption of this resolution of intention, and shall describe the easement or shall include a map or plan showing the location of the easement proposed to be vacated. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the ls* day of , 1999. ATTELS - Mayor APPROVED AS TO FORM: City Clerk ', ;-7 4 f REVIEWED AND APPROVED oiCity Attorney � dO�� I AND APPROV'eA irector of Public Works 2 jmpk/resolution/constan/2/16/99 Res. No. 99-14 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNM 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: None ABSTAIN: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California The foregoing instrument is a correcf copy of the original on fife in this office. Attest `,` [�,o? i 10!� CONNIE BROCKWAY City Clerk EX-cff c c ,: !� of 'We City Council of the City of Huntington Beach. - talif BY Deputy J) i ' f SOUTHERN CALIFORNIA ED v�v Imo` E D I S O N PIECE!t' CITY CLERK An EDISO:N INTERNATIONAL"Company CITY C HUHTINGTON BEACH. CA TITLE & REAL ESTATE SERVICES 19g9 APR -5f P 2: U City of Huntington Beach March 30, 1999 Office of the City Clerk 2000 Main Street Huntington Beach, CA 92648 SUBJECT: Vacation of a Portion of Banning Ave. . at Magnolia St. City of Huntington Beach Our File No. STR990024 Southern California Edison Company (SCE), a public utility, regulated by the California Public Utilities Commission, has the following facilities in-place and operating within the area to be vacated. These facilities are dedicated to public use and are used and useful for the Transmission/Distribution. of electric energy to the public. Therefore pursuant to the California Street and Highway Code#83-46, SCE hereby requests the reservation of easements and rights that are necessary to maintain operate, replace, remove, or renew said facilities in any area to be described as follows: We are requesting a blanket easement be reserved for SCE to protect our facilities as shown on the attached Facility Inventory Map. If you have any questions concerning this or should you need additional information, please call me at(714) 934-0841. Sincerely, S�_ �vC�P JA STONE Lan Services Assistant 14803 Chestnut St. Westminster,CA 92683 L, 800-817-3677 Fax 714-934-0837 HUNTINGTON BEACH ORANGE CO. 32-9C -11-----------------11 Pt- .0 8--w ------ • -------------- --------------- 6-, 29, HUNHNGION BEACH PROOF OF PUBLICATION STATE OF CALIFORNIA) Ss. County of Orange ) SAID TRACT r NORTH time set herein or the pub'. am a Citizen of the United States and a PUBLICsHEARING 00:2720:•.,WEST,;1727 aic'heann SCHEDULED: FEET TTHENCE. NORTH 9• -45'00 00;;:EAST.'13 40 SECTION i The Direc- APRIL;5, 1999 tor'of Public Works is resident of the County aforesaid; I am RESOLUTION` FEET TO A,POINT-ON A directed to post br cause N0.;99 14 NONTANGENT CURVE to'.be po§fed notices"of: over the age of eighteen years, and not a �.-A RESOLUTION'`QF,;CONCAV.E NOFtTH- vacation conspicuously EASTERLY,"WITH A.RA 'along the:,,ease,me'nt, party to or interested in the below THE CITY. COUNCIL DIUS OF,:390 001 FEET A �roposed to be vacated at: 017- THE- CITY,°.OF� RADIAL'LINE THROUGH east two weeks before the HUNTINGTON-BEACH :SAID POINT" BEARS date of the:heann The entitled matter. I am a principal clerk of t SOUTH 20'S120 WEST notices'shafl`beposednof P P DECLARING INTENT] T H E N C Ei S O,U TH more than 300 feet.apart,' the HUNTINGTON BEACH INDEPENDENT a rTo -VACATE ;AN�,EASTERLY ALONG SAID .put at least three notices EASEMENT FOR PUB-i CURVE THROUGH: A shall be posted' The no newspa er of general circulation, printed I L I,C S,T R E E Tj-CENTRAL', ANGLE:.>„OF tices shall.'state.the day; PURPOSES`OVEW A 05'1142 "AN ARC DIS` "hour and place'-,of "the; and pu lished in the City of Huntington PORTION.'-OF BAN TANCE 61F•35.96 FEET heanng, and shall,refer to NING AVENUE:. AT,;;TO:A:POINT THROUGH theadoptioo of this resofu Beach, County of Orange, State of MAGNOLIA STREET (BEARS SOUTHIIS'39AL I38' :tiowo describe intention', And ent 11 California, and that attached Notice is a The City Gouncal of=the WEST",THENCE"SOUTH shall include a maporplan City of Huntington Beach 31';30 00'• 'EAST 7.20 showin the location of the. ( does hereby resolve asfiol 1 9 lows FEET THENCE SOUTH 'easement proposed to be true an complete copy as was printed }68'5720 , EAST 2500 vacated SECTION,,1 A"public l FEET TO T,.HE NORTH- R A S S�E D AND a n d published in the Huntington Beach meeting Planning Commission EAST CORNER OF--SAIQ ADOPTED b -the',,City I the:Planning'Commission i y ty. I on:January.12 1999 at LOT 21fi, BEING 'ALSO" Council of the Caty of Hunt and Fountain Valle issues of said which tame.Nrt was 'de `ON THE-.-,AFORESAID ington_BeAch at a•regular y (terminal pursuant.to Gov-.,SOUTHERLY LINE ;'OF ..meeting held thereof on the newspaper to wit the issue(s) of: rernment Code.SectionBANNING _AVENUE; } lstlayofMarch; 1999 f 65402 that,,the.proposed,J H E N C E` SOU=T H f /S/Peter Green,Mayor 89'3240 WEST, 70:00 vacation,of,;an easement �' ATTEST...- FEET ALONG THE 4 for public"street`purposes� i -/SL Connie Brockway,: s over ei portion-ofµBanning!NORTHERLY LINE:OF City Clerk':` a Avenue at Magnolia Street,I LOT, 216':AND •ALONG ?STATE OF CALIFORNIA) yy conformed to the .Clty;s SAID SOUTHERLY :LINE COUNTY OF I,general plan., ,OF -BANNING AVENUE ORANGE )!es March 18 1999 SECTION 2 Pursuant to TO THE POINT OF-'BE- t CITY OF GINNING Division 9,.Part 3,Chapter r -HUNTINGTON BEACH)" ENCOMPASSING,;. A March 25, 1999 3 of the,,Galifomia Streets COMPUTED AREA OF I F;`CONNIE BROCKWAY;' f and.Highways Code,.com- the duly elected;qualrfied: i mencing with Se,ctaon:1056 SQUARE FEET - j City Clerk;of the City of i 8320 the City Council of I rSECTION`3 The City ("HuntingtomBeach;and ex , the-Caty 'of- Huntington}}, lerk as directed to main officio Clerk of'-the City. declare, under penalty of perjury, that Beach hereby declares itsjl ian on file an"the office of Council.of- said City, do intention to vacate focpub 1 hereby certify -that `the they, Ca Clerk maps or� lie 'street {purposes. an• whole number of members. the foregoing is true and correct. easementaverapartionof plans showingthe,particu ;of--the.City Councif.of the FB,anning {;Avenue_at Ia'ofthepropose&vaea City of Huntington Beach}&: tionforstreetpurpo, of.a' rMa,nolia Street•more par- "seven; that the foregoing i-lieu arty described-as fol- .portion of Banning Avenue i resolution was passed and. lows at Magnolia Street,,and ref- adopted,by-the affirmative Executed On ' THAT PQRTI0' :=OF erence as hereby,made or i Jote of a least a maiogty of March 2 5 g 9 9 BANNING AVENUE,, IN such maps.and plans for °all the members of. said at Costa Mesa, California. !.THE CITY°OFF HUNT--.particulars-.,as to said City" Council at a.regular- 1 N G TON BEACH proposed vacation meeting thereof held.on the, ` COUNTY.OF ORANGE;.:SECTION;4 The,City .1 st day of Match,1999 by STATE OF',CALIFORNIF� Council does hereby" fix- STATE the followin vote _AS-SHOWN:AND s`DEDI- APtil5 1999,atthe.hourof- AYES..r�ulaen, Bauer,' L CATED."ON°T:HE,.MAP. OF 7:00 p m or,as ;'soon: Garofalo,•'Green;Dettloff, !"TRACT Na. 3903, FILED thereafter .as the matter'i Harritan;.Sullivan i IN,BOOK 165,PAGES 48,, may be heard in Council NOES:None 49 AND 50 OF ;:MIS-.Chambers;an the -Civic :ABSENT::None t CELLANEOUS MAPS, Center, as the time-and', 'ABSTAIN-None RECORDS'OF ORANGE place for°heanng allsper /SJ, Corinie Brockway;. ICOUNTY- CALIFORNIA, sons interested in or oblec-, City Clerk and ex-officio. r:DESCRIBED AS"'FOL -ling to the proposed vaca=, E Clerk of the'City,C.ouncil lion,which-time is not less LOWS of the City of Huntington BEGINNING AT. A 'than fifteen(15)days from'i Beach,California " Signature POINT ON THE,SOUTH the passage`of this resolu „PublishedHuntington " ERLY LINE„OF BANNING :tion Beach=Fountain Valley AVENUE AS SHOWN,ON SECTION.,5 The,.Gty, Independent March.18;-25; SAID MAP;,SAID;POINT Clerk'is..'irected to cause a °999 B':E,1 N G A L SO.. .T H E cop this,resolution--6 be .•: 033 683 NORTHWEST •CORNER Out fished ;in a .weekly -OF.;LOT 216 OF.. SAID newspaper,;pubhshed and, 1"T R A C T :';!N O 3 903! circulated•.In, Huntington THENCE ,rALONG;.;'r, each forataeast two suc=-- - _ WESTERLY . LINE OF,.cessive Wqq priorto the CITY OF HUNTINGTON BEACH MEETING DATE: April 5, 1999 DEPARTMENT ID NUMBER: PW 99-20 Council/Agency Meeting Held: Deferred/Continued to: ®Ap roved ❑ Conditionally Approved ❑ Denied City Clerk's Si ature Council Meeting Date: April 5, 1999 Department ID Number: PW:g9-2q- �� CITY OF HUNTINGTON BEACH : C-' REQUEST FOR COUNCIL ACTION cr- z...<C—, F . � SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: ,, RA//Y SILVER, City Administrators n PREPARED BY: "'ROBERT F. BEARDSLEY, Director of Public Work SUBJECT: PUBLIC HEARING TO APPROVE A RESOLUTION TO VACATE A PORTION OF BANNING AVENUE AT MAGNOLIA STREET Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue : Mr. Gary Gumbert, property owner of 22011 Hula Circle, (Lot 216, Tract No. 3903), has requested that a portion of the south side of Banning Avenue at Magnolia Street be vacated. Funding Source : Not applicable.- Recommended Action : Motion to: Adopt the attached Resolution No. to vacate a portion of the south side of Banning Avenue at Magnolia Street, as shown on the attached plat map. Alternative Action(s) : Deny the recommended action. Analysis : Tract No. 3903 was constructed in 1962. At that time, Banning Avenue was parallel with and adjacent to Mr. Gumbert's rear yard, separated by a 6 foot high block wall. The street side of the wall consisted of an 8 foot wide sidewalk adjacent to the wall. In 1972, the City realigned Banning Avenue to intersect Magnolia Street at a 90 degree angle, resulting in a perpendicular intersection. This realignment created a large irregular shaped area of City right-of-way that extends along the south side of Banning Avenue for approximately 70 feet east of Magnolia Street. This area is currently landscaped with iceplant material and maintained by the City. Banning Vacation RCA(1st) -2- 03/10/99 4:57 PM I REQUEST FOR COUNCIL ACTION MEETING DATE: April 5, 1999 DEPARTMENT ID NUMBER: PW 99-20 Upon approval, the vacated right-of-way will be returned to the adjoining parcel to the south, allowing Mr. Gumbert to expand his rear yard. In addition to constructing a new 6 foot high block wall closer to the sidewalk, Mr. Gumbert has expressed his intention to plant extensive additional landscaping, including trees, to be maintained by him. On January 12, 1999, the Planning Commission approved General Plan Conformance No. 98- 5, with a finding that the proposed vacation conforms to the City's General Plan. On March 1, 1999, the City Council approved Resolution of Intent No. 99-14 to vacate a portion of the south side of Banning Avenue at Magnolia Street. 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. 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 115061(c). Attachment(s): City Clerk's Page Number No. Description 1. Location Map 2. Resolution 3. Plat of Area to be Vacated RCA Author: Bruce Crosby Banning Vacation RCA(1st) -3- 03/10/99 4:57 PM Attachment Sheets to RCA's I Z FPROJECT AMLMM AAQU i I 1 1 d YID O • 1 R�P�• ♦ � Qa3 3 Y Y �• w CF-R IPA;W ANNING . AVE. PI CK �4 s s s , P a i wftm • P .7 O CAA ,fir .oQR�J VICINITY MAP General Plan Conformance 98-5 THE CITY OF HUNTINGTON BEACH Attachment Sheets to RCA's RESOLUTION NO. 99-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE VACATION OF AN EASEMENT FOR PUBLIC STREET PURPOSES OVER A PORTION OF BANNING AVENUE AT MAGNOLIA STREET WHEREAS, on March 1, 1999, the City Council of the City of Huntington Beach adopted Resolution No. 99-14 declaring its intention to vacate an easement for public street purposes over a portion of Banning Avenue at Magnolia Street, and referring to maps and plans on file in the office of the City Clerk for particulars as to the proposed vacation; and Said resolution fixed the time and place of April 5, 1999, at the hour of 7:00 P.M., or as soon thereafter as the matter could be heard, in the Council Chambers in the Civic Center, for hearing all persons interested in or objecting to the proposed vacation, which time was not less than fifteen (15) days from the passage of this resolution. Notices of vacation were posted conspicuously along the easement section proposed for vacation, and such notices were posted not more than three hundred (300) feet apart and at least three (3) were posted. On April 5, 1999, at the hour of 7:00 P.M., in the Council Chambers in the Civic Center, the City Council of the City of Huntington Beach did convene for the purpose of hearing all persons interested in or objecting to the proposed vacation of an easement for public street purposes over a portion of Banning Avenue at Magnolia Street, at which time no acceptable objection was made to said vacation, and evidence was presented showing that said easement is not necessary for present or prospective public uses and its not suitable for use or development as bicycle paths or routes. NOW, THEREFORE, the City Council of the City of Huntington Beach, pursuant to Division 9, Part 3, Chapter 3 of the California Streets and Highways Code, commencing with Section 8320, does resolve that the easement for public street purposes over a portion of Banning Avenue at Magnolia Street, is not necessary for present or prospective public use, and is not suitable for use or development as bicycle paths or routes, and it is hereby ORDERED that the easement for public street purposes over a portion of Banning Avenue at Magnolia Street is hereby vacated; and that the section so vacated is more particularly described as follows: 1 jmp/k/resolution/constan2/2/16/99 THAT PORTION OF BANNING AVENUE, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN AND DEDICATED ON THE MAP OF TRACT NO. 3903, FILED IN BOOK 165, PAGES 48, 49 AND 50 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF BANNING AVENUE AS SHOWN ON SAID MAP, SAID POINT BEING ALSO THE NORTHWEST CORNER OF LOT 216 OF SAID TRACT NO. 3903, THENCE ALONG THE WESTERLY LINE OF SAID TRACT, NORTH 00'27'20' WEST 17.27 FEET; THENCE NORTH 45'00'00' EAST 13.40 FEET TO A POINT ON A NONTANGENT CURVE, CONCAVE NORTHEASTERLY, WITH A RADIUS OF 390.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 20'51'20' WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05'11'42', AN ARC DISTANCE OF 35.36 FEET TO A POINT THROUGH WHICH A RADIAL LINE BEARS SOUTH 15'39'38' WEST; THENCE SOUTH 31'30'00' EAST 7.20 FEET; THENCE SOUTH 68'57'20' EAST 25.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 216, BEING ALSO ON THE AFORESAID SOUTHERLY LINE OF BANNING AVENUE; THENCE SOUTH 89'32'40' WEST 70.00 FEET ALONG THE NORTHERLY LINE OF LOT 216 AND ALONG SAID SOUTHERLY LINE OF BANNING AVENUE TO THE POINT OF BEGINNING. ENCOMPASSING A COMPUTED AREA OF 1056 SQUARE FEET PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the 5th day of ril , 1999-- -h' A Ma or ATTEST: AV APPROVED AS TO FOR l e 19wi ty Attorney •-- REVIEWED AND APPROVED 7,2 r1u1193 IN AND APPRO City Ad mistrator -- Director of Public Works 1/go �9 7c- 2 jmp/k/resolution/constan2/l/26/99 Res. No. 99-22 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 5th day of April, 1999 by the following vote: AYES: Bauer, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None (Julien, Garofalo—out of the room) ABSTAIN: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Attachment Sheets to RCA's r EXHIBIT ' B' BANNING AVENUE VACATION I AaL4C£NT TO LOT 216 Of TRACT NO. J90,J z N I N89'32'40'E C/L BANNING AVENUE 4-05,, ,�1 0 90•00- 41 h1� d b 1056 SO. FT. N ^ S6e'sr. SLY. RIK BANNING AVENUE S89'32'40'w 70.00' s`o �ABO Spyv I P.0.8. TRAr r 1\1 J. 903 M.M. 165 f 850to& LOT 2 1 6 �\ No.4406 OWF 1102199 ( 6 Cgh AdK LOLe ° 220 � 1 {-��'t q a i • - �- V�u n-h0 • � Lo �yrt'711 rrl red l 0 wrer r Ppi�IDA 11 � � S t ► ilenf -D 6e, Q ENT NO. &4;t CITY OF. HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CALIFORNIA 92648 CONNIE BROCKWAY CITY CLERK May 24, 1999 Gary L. Granville, County Clerk-Recorder P. O. Box 238 Santa Ana, CA 92702 Enclosed please find Resolution No. 99-14 Declaring the Intent to Vacate an Easement for Public Street Purposes Over a Portion of Banning Avenue at Magnolia and Resolution 99-22 Ordering the Vacation of an Easement for Public Street Purposes over a portion of Banning Avenue at Magnolia Street to be recorded and returned to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648. Please return a conformed copy of the resolutions when recorded and return to this office in the enclosed self-addressed stamped envelope. Connie Brockway, CMC City Clerk Enclosures CC:jc g:Vollowup\deeditr:Resolution No. 99-14 and 99-22 (Telephone: 714-536-5227) 4S.; i RESOLUTION NO. 99-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE VACATION OF AN EASEMENT FOR PUBLIC STREET PURPOSES OVER A PORTION OF BANNING AVENUE AT MAGNOLIA STREET WHEREAS, on March 1, 1999, the City Council of the City of Huntington Beach adopted Resolution No. _99-14 declaring its intention to vacate an easement for public street purposes over a portion of Banning Avenue at Magnolia Street, and referring to maps and plans on file in the office of the City Clerk.for particulars as to the proposed vacation; and Said resolution fixed the time and place of April 5, 1999, at the hour of 7:00 P.M., or as soon thereafter as the matter could be heard, in the Council Chambers in the Civic Center, for hearing all persons interested in or objecting to the proposed vacation, which time was not less than fifteen (15) days from the passage of this resolution. Notices of vacation were posted conspicuously along the easement section proposed for vacation, and such notices were posted not more than three hundred (300) feet apart and at least three (3) were posted. On April 5, 1999, at the hour of 7:00 P.M., in the Council Chambers in the Civic Center, the City Council of the City of Huntington Beach did convene for the purpose of hearing all persons interested in or objecting to the proposed vacation of an easement for public street purposes over a portion of Banning Avenue at Magnolia Street, at which time no acceptable objection was made to said vacation, and evidence was presented showing that said easement is not necessary for present or prospective public uses and its not suitable for use or development as bicycle paths or routes. NOW, THEREFORE, the City Council of the City of Huntington Beach, pursuant to Division 9, Part 3, Chapter 3 of the California Streets and Highways Code, commencing with Section 8320, does resolve that the easement for public street purposes over a portion of Banning Avenue at Magnolia Street, is not necessary for present or prospective public use, and is not suitable for use or development as bicycle paths or routes, and it is hereby ORDERED that the easement for public street purposes over a portion of Banning Avenue at Magnolia Street is hereby vacated; and that the section so vacated is more particularly described as follows: ThIs document is solely for the official business of the City Tax-Exempt-Government Agency Of c mntington Beach, as contem- CITY OF HUNTINGTON BEACH Dieted under Government Code Is Brockway,Clty Clerk See. 6103 and should be recorded free of charge. BY: 1 eputy City Cler jmp&lresolu tion/constant/2/16/99 1 4 THAT PORTION OF BANNING AVENUE, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN AND DEDICATED ON THE MAP OF TRACT NO. 3903, FILED IN BOOK 165, PAGES 48, 49 AND 50 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF BANNING AVENUE AS SHOWN ON SAID MAP, SAID POINT BEING ALSO THE NORTHWEST CORNER OF LOT 216 OF SAID TRACT NO. 3903, THENCE ALONG THE WESTERLY LINE OF SAID TRACT, NORTH 00'27'20' WEST 17.27 FEET; THENCE NORTH 45'00'00' EAST 13.40 FEET TO A POINT ON A NONTANGENT CURVE, CONCAVE NORTHEASTERLY, WITH A RADIUS OF 390.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 20'51'20' WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05" 1'42', AN ARC DISTANCE OF 35.36 FEET TO A POINT THROUGH WHICH A RADIAL LINE BEARS SOUTH 15'39'38' WEST; THENCE SOUTH 31'30'00' EAST 7.20 FEET; THENCE SOUTH 68'57'20' EAST 25.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 216, BEING ALSO ON THE AFORESAID SOUTHERLY LINE OF BANNING AVENUE; THENCE SOUTH 89'32'40' WEST 70.00 FEET ALONG THE NORTHERLY LINE OF LOT 216 AND ALONG SAID SOUTHERLY LINE OF BANNING AVENUE TO THE POINT OF BEGINNING. ENCOMPASSING A COMPUTED AREA OF 1056 SQUARE FEET PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the 5th day of ril , 1999. \\�t-h' A Ma or ATTEST: APPROVED AS TO FOR l e lty Attorney REVIEWED AND APPROVED IN AND APPRO City Adrffinistrator vv Director of Public Works �90 99 2 jmp/k/resolution/constan2/l/26/99 Res. No. 99-22 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 5th day of April, 1999 by the following vote: AYES: Bauer, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None (Julien, Garofalo—out of the room) ABSTAIN: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California The foregoing instrument is a correct copy of the original on file in this office. Attest _ rQNIE BROCKWAY City Clerk and Ex-cf1icio Clerk of fire City Council of the City of Huntington Beach, Cal' a. By Deputy l RESOLUTION NO. 99-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING INTENT TO VACATE AN EASEMENT FOR PUBLIC STREET PURPOSES OVER A PORTION OF BANNING AVENUE AT MAGNOLIA STREET The City Council of the City of Huntington Beach does hereby resolve as follows: SECTION 1. A public meeting was held before the Planning Commission on January 12, 1999 at which time it was determined, pursuant to Government Code Section 65402, that the proposed vacation of an easement for public street purposes over a portion of Banning Avenue at Magnolia Street, conformed to the City's general plan. SECTION 2. Pursuant to Division 9, Part 3, Chapter 3 of the California Streets and Highways Code, commencing with Section 8320, the City Council of the City of Huntington Beach hereby declares its intention to vacate for public street purposes an easement over a portion of Banning Avenue at Magnolia Street, more particularly described as follows: THAT PORTION OF BANNING AVENUE, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN AND DEDICATED ON THE MAP OF TRACT NO. 3903, FILED IN BOOK 165, PAGES 48, 49 AND 50 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF BANNING AVENUE AS SHOWN ON SAID MAP, SAID POINT BEING ALSO THE NORTHWEST CORNER OF LOT 216 OF SAID TRACT NO. 3903, THENCE ALONG THE WESTERLY LINE OF SAID TRACT, NORTH 00'27'20' WEST 17.27 FEET; THENCE NORTH 45'00'00' EAST 13.40 FEET TO A POINT ON A NONTANGENT CURVE, CONCAVE NORTHEASTERLY, WITH A RADIUS OF 390.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 20'51'20' WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05'11'42', AN ARC DISTANCE OF 35.36 FEET TO A POINT THROUGH WHICH A RADIAL LINE BEARS SOUTH 15'39'38' WEST; THENCE SOUTH 31'30'00' EAST 7.20 FEET; THENCE SOUTH 68'57'20' EAST 25.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 216, BEING ALSO ON THE AFORESAID SOUTHERLY LINE OF BANNING AVENUE; Tm Exempt-GovernmentAgeref HENCE SOUTH 89'32'40' WEST 70.00 FEET ALONG THE NORTHERLY LINE OF CITY OF HUNTINGTON BEACHLOT 216 AND ALONG SAID SOUTHERLY LINE OF BANNING AVENUE TO THE onnie Brockway,City clerk POINT OF BEGINNING. � . eputy 11ty Clar ENCOMPASSING A COMPUTED AREA OF 1056 SQUARE FEET SECTION 3. The City Clerk is directed to maintain on file in the office of the City Clerk maps or plans showing the particulars of the proposed vacation for street purposes of a portion of Banning Avenue at Magnolia Street, and reference is hereby made to such maps and plans for particulars as to said proposed vacation. This document is solely fbrthe official business of the City of Huntington Beactr, as cont9M. plated under-Government Code 1 Sec. 6103 and should be recorded 3/k/resolu bon/cons tan/1120199 free of charge, V f Res. 99-14 SECTION 4. The City Council does hereby fix April 5, 1999, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard in Council Chambers in the Civic Center, as the time and place for hearing all persons interested in or objecting to the proposed vacation, which time is not less than fifteen (15) days from the passage of this resolution. SECTION 5. The City Clerk is directed to cause a copy this resolution to be published in a weekly newspaper, published and circulated in Huntington Beach for at least two successive weeks prior to the time set herein for the public hearing. SECTION 6. The Director of Public Works is directed to post, or cause to be posted, notices of vacation conspicuously along the easement proposed to be vacated at least two weeks before the date of the hearing. The notices shall be posted not more than 300 feet apart, but at least three notices shall be posted. The notices shall state the day, hour, and place of the hearing, and shall refer to the adoption of this resolution of intention, and shall describe the easement or shall include a map or plan showing the location of the easement proposed to be vacated. . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the 1st day of , 1999. ATTECSY Mayor APPROVED AS TO FORM: City Clerk ,�_ � 1� ;�z�f REVIEWED AND APPROVED or City Attorney ,c,GG.� I AND APPROV 15) h �� City Administ ator / irector of Public Works 2 j m p k/re s o l u ti o n/c o n s t a n/2/16/99 Res. No. 99-14 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: None ABSTAIN: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California The foregoing instrument is a correef copy of the original on file in this office. Attest CONNIE BROCKWAY City Clerk and' Ex-cf1ic c of 11:1e City Council of the City of Huntington Beach, - r,aW • By Deputy U tea CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAAYYY CITY CLERK '"✓�` _ 9-f la April 8, 1999 Gary L. Granville, County Clerk-Recorder % C P. 0. Box 238 Santa Ana, CA 92702 (� iu AW Enclosed please find a Resolution No. 99-22 Ordering the Vacation of an Easement for . Public Street Purposes over a portion of Banning Avenue at Magnolia Street to be ILA- recorded and returned to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648. Please return a conformed copy of Resolution No. 99-22 when recorded and return to this office in the enclosed self-addressed.stamped envelope. _d-a-u— 00 Connie Brockway, CMC City Clerk Enclosures g:\followup\deedltr:Resolution No. 99-22 l v 1 1 (Telephone:714-536-5227) ReS PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: -_ ---- — - - — -- -- -�_ j Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder No Fee AND WHEN RECORDED MAIL TO: 19990380682 11 ;38am 05/24/99 1 G v�� toft6h 6.00 9 005 4 05 44 R28 4 00 .00 0.00 0.00 0.00 0.00 f�-D' lqo a Ito S� ` CO THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT: � b THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) .O 059-TITLE PAGE(R7/95) RESOLUTION NO. 99-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE VACATION OF AN EASEMENT FOR PUBLIC STREET PURPOSES OVER A PORTION OF BANNING AVENUE AT MAGNOLIA STREET WHEREAS, on March 1, 1999, the City Council of the City of Huntington Beach adopted Resolution No. 99-14 declaring its intention to vacate an easement for public street purposes over a portion of Banning Avenue at Magnolia Street, and referring to maps and plans on file in the office of the City Clerk for particulars as to the proposed vacation; and Said resolution fixed the time and place of April 5, 1999, at the hour of 7:00 P.M., or as soon thereafter as the matter could be heard, in the Council Chambers in the Civic Center, for hearing all persons interested in or objecting to the proposed vacation, which time was not less than fifteen (15) days from the passage of this resolution. Notices of vacation were posted conspicuously along the easement section proposed for vacation, and such notices were posted not more than three hundred (300)feet apart and at least three (3) were posted. On April 5, 1999, at the hour of 7:00 P.M., in the Council Chambers in the Civic Center, the City Council of the City of Huntington Beach did convene for the purpose of hearing all persons interested in or objecting to the proposed vacation of an easement for public street purposes over a portion of Banning Avenue at Magnolia Street, at which time no acceptable objection was made to said vacation, and evidence was presented showing that said easement is not necessary for present or prospective public uses and its not suitable for use or development as bicycle paths or routes. NOW, THEREFORE, the City Council of the City of Huntington Beach, pursuant to Division 9, Part 3, Chapter 3 of the California Streets and Highways Code, commencing with Section 8320, does resolve that the easement for public street purposes over a portion of Banning Avenue at Magnolia Street, is not necessary for present or prospective public use, and is not suitable for use or development as bicycle paths or routes, and it is hereby ORDERED that the easement for public street purposes over a portion of Banning Avenue at Magnolia Street is hereby vacated; and that the section so vacated is more particularly described as follows: 1 jmp/l:/resolution/constan2/2/16/99 THAT PORTION OF BANNING AVENUE, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN AND DEDICATED ON THE MAP OF TRACT NO. 3903, FILED IN BOOK 165, PAGES 48, 49 AND 50 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF BANNING AVENUE AS SHOWN ON SAID MAP, SAID POINT BEING ALSO THE NORTHWEST CORNER OF LOT 216 OF SAID TRACT NO. 3903, THENCE ALONG THE WESTERLY LINE OF SAID TRACT, NORTH 00'27'20' WEST 17.27 FEET; THENCE NORTH 45'00'00' EAST 13.40 FEET TO A POINT ON A NONTANGENT CURVE, CONCAVE NORTHEASTERLY, WITH A RADIUS OF 390.00 FEET, A RADIAL LINE THROUGH SAID POINT,BEARS SOUTH 20'51'20' WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05'11'42', AN ARC DISTANCE OF 35.36 FEET TO A POINT THROUGH WHICH A RADIAL LINE BEARS SOUTH 15'39'38' WEST; THENCE SOUTH 31'30'00' EAST 7.20 FEET; THENCE SOUTH 68'57'20' EAST 25.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 216, BEING ALSO ON THE AFORESAID SOUTHERLY LINE OF BANNING AVENUE; THENCE SOUTH 89'32'40' WEST 70.00 FEET ALONG THE NORTHERLY LINE OF LOT 216 AND ALONG SAID SOUTHERLY LINE OF BANNING AVENUE TO THE POINT OF BEGINNING. ENCOMPASSING A COMPUTED AREA OF 1056 SQUARE FEET PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the 5th day of prii , 1999. Ma r ATTEST: APPROVED AS TO FOR l e ity Attorney REVIEWED AND APPROVED 2`-�y _�i -�✓l IN AND APPRO City Ad lnistrator � Director of Public Works �/90 99 2 jmp/k/resolution/constan2/1/26/99 r l V Res. No. 99-22 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 5th day of April, 1999 by the following vote: AYES: Bauer, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None (Julien, Garofalo—out of the room) ABSTAIN: None The foregoing instrument is a correct City Clerk and ex-officio Clerk of the copy of the original on file in this office. City Council of the City of Huntington Attest4t'� 19,a Beach, California CO NIE BROCKWAY. City Clerk and Ex officio Cierk of the City Council of the City of Huntington Beach, California, C Deputy f: PW Y 19 CITY OF HUNTINGTON BEAC MEETING DATE: March 1, 1999 DEPARTMENT ID NUM9-09 Council/Agency Meeting Held: / �490D Deferred/Continued to: pproved ❑ Conditionally Approved ❑ Denied lzed# V y Clerk's Signature Council Meeting Date: March 1, 1999 Department ID Number: PV1299-ap CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION C.. CD l� > SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS 'J G D SUBMITTED BY: RAY SILVER, City Administrator PREPARED BY: J1OBERT F. BEARDSLEY, Director of Public Works SUBJECT: APPROVE A RESOLUTION OF INTENT TO VACATE A PORTION OF BANNING AVENUE AT MAGNOLIA STREET Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue : Mr. Gary Gumbert, property owner of 22011 Hula Circle, (Lot 216, Tract No. 3903), has requested that a portion of the south side of Banning Avenue at Magnolia Street be vacated. This Request for Council Action is to of the Resolution of Intent which will be followed by the Final Resolution and public hearing on April 5, 1999. Funding Source : Not applicable. Recommended Action: Motion to: Adopt the attached Resolution of Intent No. to vacate a portion of the south side of Banning Avenue at Magnolia Street, as shown on the attached plat map. Also, direct that a public hearing be held on April 5, 1999, for all persons interested in or objecting to the proposed vacation. Alternative Action(s) : Deny the recommended action. Analysis : Tract No. 3903 was constructed in 1962. At that time, Banning Avenue was parallel with and adjacent to Mr. Gumbert's rear yard, separated by a 6 foot high block wall. The street side of the wall consisted of an 8 foot wide sidewalk adjacent to the wall. In 1972, the City realigned Banning Avenue to intersect Magnolia Street at a 90 degree angle, resulting in a perpendicular intersection. This realignment created a large irregular shaped area of City right-of-way that extends along the south side of Banning Avenue for approximately 70 feet east of Magnolia Street. This area is currently landscaped with iceplant material and maintained by the City. Banning Vacation RCA(1st) -2- 02/16/99 12:19 PM REQUEST FOR COUNCIL ACTION MEETING DATE: March 1, 1999 DEPARTMENT ID NUMBER: PW 99-09 Upon approval, the vacated right-of-way will be returned to the adjoining.parcel to the south, allowing Mr. Gumbert to expand his rear yard. In addition to constructing a new 6 foot high block wall closer to the sidewalk, Mr. Gumbert has expressed his intention to plant extensive additional landscaping, including trees, to be maintained by him. Following Council approval of the Resolution of Intent, public notice of the action will be given. The public will have the opportunity to object to the proposal. If.no objections are received, a request to order the vacation will be presented to the City Council at it's April 5, 1999, meeting. On January 12, 1999, the Planning Commission approved General Plan Conformance No. 98- 5, with a finding that the proposed vacation conforms to the City's General Plan. 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. 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 415061(c). Attachment(s): City Clerk's Page Number No. Description 1. Location Map 2. Resolution /,1o. 3. Plat of Area to be Vacated RCA Author: Bruce Crosby Banning Vacation RCA(1st) .3. 02/16/99 12:19 PM A i Attachment Sheets to RCA's .o.,m FPROJECT MUD= W.MW •' .GA,.A= ""COX,o.n r � ►tea r o K.H i r MAKZLr wmion r d - uu !SAMMO 0 • r RLP.. 0r Y e w CF-R I (oaax) BANNING , AVE. 4' 3 � rya•oa 3 � LA P YOLOL ♦ P r 0 04, AQR'f7 p VICINITY MAP General Plan Conformance 98-5 THE CITY OF HUNTINGTON BEACH Attachment Sheets to RCA's i RESOLUTION NO. 99-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING INTENT TO VACATE AN EASEMENT FOR PUBLIC STREET PURPOSES OVER A PORTION OF BANNING AVENUE AT MAGNOLIA STREET . The City Council of the City of Huntington Beach does hereby resolve as follows: SECTION 1. A public meeting was held before the Planning Commission on January 12, 1999 at which time it was determined, pursuant to Government Code Section 65402, that the proposed vacation of an easement for public street purposes over a portion of Banning Avenue at Magnolia Street, conformed to the City's general plan. SECTION 2. Pursuant to Division 9, Part 3, Chapter 3 of the California Streets and Highways Code, commencing with Section 8320, the City Council of the City of Huntington Beach hereby declares its intention to vacate for public street purposes an easement over a portion of Banning Avenue at Magnolia Street, more particularly described as follows: THAT PORTION OF BANNING AVENUE, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN AND DEDICATED ON THE MAP OF TRACT NO. 3903, FILED IN BOOK 165, PAGES 48, 49 AND 50 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF BANNING AVENUE AS SHOWN ON SAID MAP, SAID POINT BEING ALSO THE NORTHWEST CORNER OF LOT 216 OF SAID TRACT NO. 3903, THENCE ALONG THE WESTERLY LINE OF SAID TRACT, NORTH 00'27'20' WEST 17.27 FEET; THENCE NORTH 45'00'00' EAST 13.40 FEET TO A POINT ON A NONTANGENT CURVE, CONCAVE NORTHEASTERLY, WITH A RADIUS OF 390.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 20'51'20' WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05'11'42', AN ARC DISTANCE OF 35.36 FEET TO A POINT THROUGH WHICH A RADIAL LINE BEARS SOUTH 15'39'38' WEST; THENCE SOUTH 31'30'00' EAST 7.20 FEET; THENCE SOUTH 68'57'20' EAST 25.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 216, BEING ALSO ON THE AFORESAID SOUTHERLY LINE OF BANNING AVENUE; THENCE SOUTH 89'32'40' WEST 70.00 FEET ALONG THE NORTHERLY LINE OF LOT 216 AND ALONG SAID SOUTHERLY LINE OF BANNING AVENUE TO THE POINT OF BEGINNING. ENCOMPASSING A COMPUTED AREA OF 1056 SQUARE FEET SECTION 3. The City Clerk is directed to maintain on file in the office of the City Clerk maps or plans showing the particulars of the proposed vacation for street purposes of a portion of Banning Avenue at Magnolia Street, and reference is hereby made to such maps and plans for particulars as to said proposed vacation. 1 3/k/resolution/constan/1/20/99 ` Res. 99-14 0 SECTION 4. The City Council does hereby fix April 5, 1999, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard in Council Chambers in the Civic Center, as the time and place for hearing all persons interested in or objecting to the proposed vacation, which time is not less than fifteen (15) days from the passage of this resolution. SECTION 5. The City Clerk is directed to cause a copy this resolution to be published in a weekly newspaper, published and circulated in Huntington Beach for at least two successive weeks prior to the time set herein for the public hearing. SECTION 6. The Director of Public Works is directed to post, or cause to be posted, notices of vacation conspicuously along the easement proposed to be vacated at least two weeks before the date of the hearing. The notices shall be posted not more than 300 feet apart, but at least three notices shall be posted. The notices shall state the day, hour, and place of the hearing, and shall refer to the adoption of this resolution of intention, and shall describe the easement or shall include a map or plan showing the location of the easement proposed to be vacated. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the 1st day of , 1999. ATTES�ry May r �. Goi APPROVED AS TO FORM: City Clerk ,� �� REVIEWED AND APPROVED aiCity Attorney J I AND APPROV h ( D1t�PtA�`E� City Administ ator / ,� _ irector of Public Works 2 jmpk/resolu tion/consta n/2/16/99 Res. No. 99-14 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: None ABSTAIN: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington. Beach, California G Attachment Sheets to RCA's r m EXHIBIT " Y S WA MW AN£NU£ VACATION LD I O a j AamC£Nl TO LOT 216 OF TRACT N0. J90.J Z N i ►— N89'32'40'E C/L BANNING AVENUE Q a I motif �I I d0 31 I O J90.00- ��JS•,�6- h 1 . . b 1056 S0. N o o SLY. R/W, BANNlNG AVENUE 1 S89'32'40'W 70.00' NANO SUq` f P.QB. TRAC-f IN0. 390-337 M.M. 1 65 J 4J � 50 T. 8U I G LOT 216 EV. 4-30-01 \ r3 X No.4406 or CA 1102199 �,�-�►�a�l� ter. . �.. lof ik- 22o 11 �1 q r / o C'. Owner � , • -� L-� �r��al�t�ilr� 11 � • ��V`2 tJ 1 Nv.4A t ens / f S IQ►Sernert + 6e- AC"IHM` T NO, AFFIDAVIT OF POSTING NOTICE OF STREET VACATION State of California ) County of Orange ) Robert F. Beardsley, duly sworn, deposes and says: That he is now and was during all the times mentioned the duly appointed, qualified, and Street Superintendent of the City of Huntington Beach, in said County and State. That on the 1" day of March 1999, the CITY COUNCIL of said city passed its Resolution of Intent No. 99-14, "A Resolution of the City of Huntington Beach of Intention to Vacate an Easement for Street Purposes over a portion of Banning Avenue at Magnolia Street. That after the adoption of said Resolution he posted conspicuously, along the street and property described said Resolution, notices of the adoption of said Resolution headed "Notice of Street Vacation", one of which notices, similar to the notice posted aforesaid, is annexed hereto and made a part hereof. That he completed all the posting of said notices on the 12th day of March 1999, and thereafter he made this affidavit and filed it with the City Clerk of the City of Huntington Beach. v Y Robert F. Beardsley Street Superintendent Ape- Subscribed and sworn to before me this Arday of ��•'� , 1999 Connie Brockway City Clerk 34234 The Gas Company® Orange Coast Region March 29, 1999 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Sctthern California G'sCompany Attention: Connie Brockway SUBJECT: Vacation of a Portion of Banning Avenue at Magnolia Street Thank you for notifying us regarding the above vacation of said Property. According to our records, we do not have facilities in the effected Parcel. Therefore no easements will need to be reserved for The Gas Company. If you have any questions, please contact or Joe Carton at (714) 634-3034. Sincerely, Robert S. Warth Technical Supervisor Nacnofac.doc I i a`r iu ©0 L +v0£o +OO .I �.t 00. 003 coo 0 009 G 0 s OLD =1 007 cot 0 - ---- --------- --—---- _. . o ___tIJIi! III(III111111111111!IIIIIIIII!IIIIIIII1IIlllilll!!IIII�lIIIIIIII�IiIIiIIIIllill!_! 'I IIIIIIIIII 'IIII!�IIIIIIIIIIIIIIIIIIIl111IIlll!IiIIIIIIIIIIIIIIIIIIIIII� `9 _ v m, R �i �� 4 14z0 00 cs -- - : ` -THE SUBSTRUCTURE L ATION SHOWN ON THIS ``' `i`-• -+-. a, a n: �� iPI^2 �a�� �•� �' I .� ,";` '�•- MAP ARE APPROXIMA E ONLY.THE COMPANY WILL EXPECT TO BE CIMBURSED FOR COST OF REPAIRS TO I T S F CILITIES IF DAMAGED -� ci'-`8_9:2-:i e....J.Z ?•'—'_'y�'•`r I „ .=v j/-S cv '(� / '�.t `;J /, �o I (� SOUTHERN CAL FORNIA GAS CO i� /s ra ;''•`z I /9s /' IH /diL/:a e� ,z c \r f N' `' r� r oL j 1919 SO.STATECOLLEGE BLVD.`6 ! 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''. � ``_ 11 •--;- � .O�Z�• � .: _ �• - 1�U,. � u' f •^ - I I - — - - - -- - - ��Z - I I � WI 1 ► r .� t 7 � I ' - � Fv �! _ J i ��O✓ ` i L so 50 LA N fn 31 31 LY4 J% � p WIA P 1� flow \10L yk a 5; x ..L,4 4z 21 Z P It 314 .114 Z2052ZZ05-1 !14 Z4 6e 3 4 ii ffi-0'06� 4 Z207,2 22 T VPE. 3,4 x�l y March 19, 1999 To whom it may concern: The City Council of the City of Huntington Beach at the regular meeting held on March 1, 1999 adopted Resolution No. 99-14 ordering the the vacation of of a portion of Banning Avenue at Magnolia Street. Enclosed is a certified copy of said recorded resolution for your records. -..A. &"&Wr Connie Brockway, CMC City Clerk CB:jc Enclosure: Certified Copy of Resolution No. 99-14 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 1 RESOLUTION NO. 99-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING INTENT TO VACATE AN EASEMENT FOR PUBLIC STREET PURPOSES OVER A PORTION OF BANNING AVENUE AT MAGNOLIA STREET The City Council of the City of Huntington Beach does hereby resolve as follows: SECTION 1. A public meeting was held before the Planning Commission on January 12, 1999 at which time it was determined, pursuant to Government Code Section 65402, that the proposed vacation of an easement for public street purposes over a portion of Banning Avenue at Magnolia Street, conformed to the City's general plan. SECTION 2. Pursuant to Division 9, Part 3, Chapter 3 of the California Streets and Highways Code, commencing with Section 8320, the City Council of the City of Huntington Beach hereby declares its intention to vacate for public street purposes an easement over a portion of Banning Avenue at Magnolia Street, more particularly described as follows: THAT PORTION OF BANNING AVENUE, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN AND DEDICATED ON THE MAP OF TRACT NO. 3903, FILED IN BOOK 165, PAGES 48, 49 AND 50 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF BANNING AVENUE AS SHOWN ON SAID MAP, SAID POINT BEING ALSO THE NORTHWEST CORNER OF LOT 216 OF SAID TRACT NO. 3903, THENCE ALONG THE WESTERLY LINE OF SAID TRACT, NORTH 00'27'20' WEST 17.27 FEET; THENCE NORTH 45'00'00' EAST 13.40 FEET TO A POINT ON A NONTANGENT CURVE, CONCAVE NORTHEASTERLY, WITH A RADIUS OF 390.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 20'51'20' WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05'11'42', AN ARC DISTANCE OF 35.36 FEET TO A POINT THROUGH WHICH A RADIAL LINE BEARS SOUTH 15'39'38' WEST; THENCE SOUTH 31'30'00' EAST 7.20 FEET; THENCE SOUTH 68'57'20' EAST 25.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 216, BEING ALSO ON THE AFORESAID SOUTHERLY LINE OF BANNING AVENUE; THENCE SOUTH 89'32'40' WEST 70.00 FEET ALONG THE NORTHERLY LINE OF LOT 216 AND ALONG SAID SOUTHERLY LINE OF BANNING AVENUE TO THE POINT OF BEGINNING. ENCOMPASSING A COMPUTED AREA OF 1056 SQUARE FEET SECTION 3. The City Clerk is directed to maintain on file in the office of the City Clerk maps or plans showing the particulars of the proposed vacation for street purposes of a portion of Banning Avenue at Magnolia Street, and reference is hereby made to such maps and plans for particulars as to said proposed vacation. 1 3/k/resolu tion/constan/1/20/99 Res. 99-14 SECTION 4. The City Council does hereby fix April 5, 1999, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard in Council Chambers in the Civic Center, as the time and place for hearing all persons interested in or objecting to the proposed vacation, which time is not less than fifteen (15) days from the passage of this resolution. SECTION 5. The City Clerk is directed to cause a copy this resolution to be published in a weekly newspaper, published and circulated in Huntington Beach for at least two successive weeks prior to the time set herein for the public hearing. SECTION 6. The Director of Public Works is directed to post, or cause to be posted, notices of vacation conspicuously along the easement proposed to be vacated at least two weeks before the date of the hearing. The notices shall be posted not more than 300 feet apart, but at least three notices shall be posted. The notices shall state the day, hour, and place of the hearing, and shall refer to the adoption of this resolution of intention, and shall describe the easement or shall include a map or plan showing the location of the easement proposed to be vacated. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the 1st day of , 1999. ATTES IvIclytil APPROVED AS TO FORM: City Clerk --E- Sb-7 I' REVIEWED AND APPROVED o City Attorney J I AND APPROVV /�5) City Administ ator � / ��" ..: C Director of Public Works 2 jmpk/resolution/constan/2/16/99 Res. No. 99-14 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: None ABSTAIN: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California qgo VI s PROJECT I 1 O R1N 1 i 1 1 Olt I I a MUI♦ MIC@IC O • O RlP.. t Y Y CF-R eI :PARR) BANNING • AVE. i s P I e� y ° ° AQ��/ • oqC"' VICINITY MAP General Plan Conformance 98-5 THE CITY OF HUNTINGTON BEACH EXHIBIT ' B' 8&WN1W AVENUE RACOON I j O A0J4CENT TO LOT 216 OF TRACT NO ,390.E Z N89'32'40'f ,���' C L BANNING AVENUE u ' C I o� 3l a R, o / 00 c 41^ h ll ai JS �61 U p y L] .� tQcoram-+ bA b 1056 SO. FT. ��tea. = 3CO i N S o " 6gSr2o-F o o o- cn m � Z 2s o SLY. RIW, BANNING AVENUE bn'�" Z , a Z S89'32'40'W 70.00' ^a O o _ o r-• �As".a f�q� { poe. 7R�,Cr J\IJ. 390D M.M. 16 S0 T N 7 la LOT 216 \ No.4406 Of CA 102199 ,SOUTHERN CALIFORNIA GAS CO �PFEOMATICS ATTN JOE CARTON P 0 BOX 4048 THOMAS BROS MAPS 19f9 S STATE COLLEGE SANTA ANA CA 92702-4048 17731 COWEN ANAHEIM,CA 92803 IRVINE CA 92714 GENERAL TELEPHONE CO. ORANGE COUNTY WATER DISTRICT DEPARTMENT OF TRANSPORTATION ATTN RIGHT OF WAY AGENT ATTN DON JACKSON DISTRICT 7-MAINTENANCE DIV ELLA SIMPSON P 0 BOX 8300 ATTN JOHN KENAN 6220 SPRING STREET FOUNTAIN VALLEY CA 92728 120 SOUTH SPRING STREET LONG BEACH,CA. 90815 LOS ANGELES CA 90012 SOUTHERN CALIFORNIA EDISON COUNTY SANITATION DIST OF OC POSTAL SERVICE ATTN VINCE CICHOSKI ATTN ENGINEERING DEPARTMENT ADDRESS MGMT SYSTEMS 7333 BOLSA AVENUE COUNTY SANITATION DIST#3 ATTN BETTY PILON WESTMINSTER CA 92683 P 0 BOX 8127 3101 W.SUNFLOWER AVENUE' FOUNTAIN VALLEY CA 92708 SANTA ANA CA 92799-9316 COUNTY CLERK COUNTY OF ORANGE JEAN FERRELL,MGR. OC BOARD OF SUPERVISORS 700 CIVIC CENTER DRIVE WEST METRO NET COMM.CTR. 10 CIVIC CENTER PLAZA SANTA ANA CA 92701 201 S.ANAHEIM BLVD.,STE.301 SANTA ANA CA 92701 ANAHEIM,CA 92805 OC STREET NAMING COMMISSION METRO WATER DIST OF SO CALIF 300 N.FLOWER STREET ATTN CIVIL ENGINEER SANTA ANA CA 927031 SUBSTRUCTURE SECTION P O BOX 54153 TERMINAL ANNEX LOS ANGELES CA 90054 OC ASSESOR'S OFFICE REGISTRAR OF VOTERS MAP SECTION POSTAL SUBSTATION JACK WALKER REAL PROPERTY DEPT ATTN CORA O'BRIEN IDA J HAXTON STATION P 0 BOX 149 P 0 BOX 11298 9151 ATLANTA AVENUE SANTA ANA CA 92702 SANTA ANA CA 92711 HUNTINGTON BEACH CA 92648 COUNTY OF ORANGE/EMA SURVEY SOUTHERN CALIFORNIA GAS CO HUNTINGTON BEACH POST OFFICE ATTN PATRICK MCNALLY ATTN RAY TURUNO 316 OLIVE AVENUE P.O.BOX 4048 P 0 BOX 3334 HUNTINGTON BEACH CA 92648 SANTA ANA,CA 92702-4048 ANAHEIM CA 92803 HUNTINGTON BEACH POST OFFICE SOUTHERN CALIFORNIA GAS CO. GTE CALIFORNIA,INC. 6771 WARNER AVENUE ATTN BOB WORTH ATTN TEDDIE GAGE HUNTINGTON BEACH CA 92647 P 0 BOX 3334 MAJOR ACCTS.THIRD FLOOR ATTN TOM MANETTA ANAHEIM CA 92803 2801 TOWNS GATE ROAD THOUSAND OAKS,CA 91361 DEPARTMENT OF TRANSPORTATION SOUTHERN CAL EDISON CO. DISTRICT 7 TRAFFIC DIVISION ATTN JERRY DOMINGUEZ ATTN BURT CLARK 7333 BOLSA AVENUE 120 SOUTH SPRING STREET WESTMINSTER CA 92683 LOS ANGELES CA 90012 IN HOUSE: IN HOUSE: IN HOUSE: WATER OPERATIONS MANAGER (1)FIRE DEPARTMENT/MAP MAKER (1)SUSAN PIERCE/ASSOCIATE PLANNER WATER DEPARTMENT HUNTINGTON STREET (1)HOWARDZELEFSKY/ZONING COORDINATOR G/Follow up/vacstlbl RESOLUTION NO. 99-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING INTENT TO VACATE AN EASEMENT FOR PUBLIC STREET PURPOSES OVER A PORTION OF BANNING AVENUE AT MAGNOLIA STREET The City Council of the City of Huntington Beach does hereby resolve as follows: SECTION 1. A public meeting was held before the Planning Commission on January 12, 1999 at which time it was determined, pursuant to Government Code Section 65402, that the proposed vacation of an easement for public street purposes over a portion of Banning Avenue at Magnolia Street, conformed to the City's general plan. SECTION 2. Pursuant to Division 9, Part 3, Chapter 3 of the California Streets and Highways Code, commencing with Section 8320, the City Council of the City of Huntington Beach hereby declares its intention to vacate for public street purposes an easement over a portion of Banning Avenue at Magnolia Street, more particularly described as follows: THAT PORTION OF BANNING AVENUE, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN AND DEDICATED ON THE MAP OF TRACT NO. 3903, FILED IN BOOK 165, PAGES 48, 49 AND 50 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF BANNING AVENUE AS SHOWN ON SAID MAP, SAID POINT BEING ALSO THE NORTHWEST CORNER OF LOT 216 OF SAID TRACT NO. 3903, THENCE ALONG THE WESTERLY LINE OF SAID TRACT, NORTH 00'27'20'WEST 17.27 FEET; THENCE NORTH 45'00'00' EAST 13.40 FEET TO A POINT ON A NONTANGENT CURVE, CONCAVE NORTHEASTERLY, WITH A RADIUS OF 390.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 20'51'20' WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05'11'42', AN ARC DISTANCE OF 35.36 FEET TO A POINT THROUGH WHICH A RADIAL LINE BEARS SOUTH 15'39'38' WEST; THENCE SOUTH 31'30'00' EAST 7.20 FEET; THENCE SOUTH 68'57'20' EAST 25.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 216, BEING ALSO ON THE AFORESAID SOUTHERLY LINE OF BANNING AVENUE; THENCE SOUTH 89'32'40' WEST 70.00 FEET ALONG THE NORTHERLY LINE OF LOT_ 216 AND ALONG SAID SOUTHERLY LINE OF BANNING AVENUE TO THE POINT OF BEGINNING. ENCOMPASSING A COMPUTED AREA OF 1056 SQUARE FEET SECTION 3. The City Clerk is directed to maintain on file in the office of the City Clerk maps or plans showing the particulars of the proposed vacation for street purposes of a portion of Banning Avenue at Magnolia Street, and reference is hereby made to such maps and plans for particulars as to said proposed vacation. 1 3/Idresolution/constan/1/20/99 t Res. 99-1 SECTION 4. The City Council does hereby fix April 5, 1999, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard in Council Chambers in the Civic Center, as the time and place for hearing all persons interested in or objecting to the proposed vacation, which time is not less than fifteen (15) days from the passage of this resolution. SECTION 5. The City Clerk is directed to cause a copy this resolution to be published in a weekly newspaper, published and circulated in Huntington Beach for at least two successive weeks prior to the time set herein for the public hearing. SECTION 6. The Director of Public Works is directed to post, or cause to be posted, notices of vacation conspicuously along the easement proposed to be vacated at least two weeks before the date of the hearing. The notices shall be posted not more than 300 feet apart, but at least three notices shall be posted. The notices shall state the day, hour, and place of the hearing, and shall refer to the adoption of this resolution of intention, and shall describe the easement or shall include a map or plan showing the location of the easement proposed to be vacated. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the ]„Sr day of f *fart h , 1999. /s/ Peter Green ATTES, Mayor /s/ Connie Brockway City Clerk 2 imoklresolutionlconstan/2/16/99 r l Res. No. 99-14 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: None ABSTAIN: None Isl Connie Brockway City Clerk and ex-officio Clerk of the . City Council of the City of Huntington Beach, California TRANSMISSION VERIFICATION REPORT TIME 03/10/1999 11: 42 DATE,TIME 03/10 11: 41 FAX NO. /NAME 919496465008 DURATION 00:01:03 PAGE(S) 04 RESULT OK MODE STANDARD ECM