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Home My WebLink AboutSummary vacation of excess right-of-way on the alley south o Council/Agency Meeting Held: Deferred/Continued to: App ve ❑ Conditionally Approved ❑ Denied �� C+�y Cler Signa re Council Meeting Date: June 21, 2010 Department ID Number: PW 10-033 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Administrator PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Adopt Resolution No. 2010-45 to vacate excess right-of-way located on the alley south of Warner Avenue and west of Ash Lane Statement of Issue: Pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highways Code, commencing with Section 8334(a), the Public Works Department requests that the City Council adopt a resolution ordering the summary vacation of excess right-of-way located in the alley south of Warner Avenue and west of Ash Lane, adjacent to and southerly of Lots 2, 4, 6 and a portion of Lot 8 in Block B of Tract 368. Financial Impact: No funding required for this action. Recommended Action: Motion to: A) Adopt Resolution No. 2010-45, "A Resolution of the City Council of the City of Huntington Beach ordering the summary vacation of the excess right-of-way easement for public alley purposes generally located west of Ash Street, South of Warner Avenue;" and, B) Direct the City Clerk to record the Resolution and attached exhibits with the Orange County Recorder. Alternative Action(s): Deny the recommended action. -53- Item 5. a Page 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 6/21/2010 DEPARTMENT ID NUMBER: PW 10-033 Analysis: Conditional Use Permit (CUP) 05-29 allowed for the construction of a new 5,740 square foot dental and medical office building (known as HB Dental) on existing vacant Lots 4, 6, 8 and 10 in Block B of Tract' 368. A 20-foot wide public alley exists adjacent to and immediately to the south of these lots. The alley was acquired by the City in 1922 by dedication on Tract No. 368 as an easement for public street purposes, portions of which are now unimproved and impassable for vehicular traffic. Under certain circumstances, the California Streets and Highway Code allow the City to summarily vacate a public street or alley. Staff has determined that the subject alley meets the criteria for a summary vacation in that it is surplus property since it is not necessary for street or highway purposes, or for existing or prospective public uses (i.e. the purpose for which it was dedicated). Under these circumstances, the City Council may summarily vacate a street or alley in a non-public hearing action by adopting a resolution of vacation after approval by the Planning Commission that the vacation is in general conformance with the City's General Plan. On April 27, 2010, the Planning Commission approved General Plan Conformance (GPC) 09-008 with a finding that the proposed street vacation conforms to the City's General Plan. Upon City Council approval, the Resolution will be recorded with the County of Orange and the street vacation will become effective. After recordation, the underlying fee title ownership of the northerly 10 feet of the vacated alley will revert back to the owner(s) of Lots 2, 4, 6 and 8 and the southerly 10 feet will revert back to the owner(s) of Lots 1, 3, 5, and 7. Environmental Status: The proposed project is categorically exempt pursuant to Class V: Alterations in Land Use Limitations, sub-section (a) minor street, alley and utility easement vacations, of Resolution No. 4501 of the City of Huntington Beach. Strategic Plan Goal: Enhance Economic Development 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. Attachment(s): 1. Resolution No. 2010-45, "A Resolution of the City Council of the City of Huntington Beach Ordering the Summary Vacation of an excess right-of-way Easement for Public Alley Purposes Generally Located West of Ash Street, South of Warner Avenue." Item 5. - Page 2 -54- ATTACHMENT # 1 RESOLUTION NO. 2010-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE SUMMARY VACATION OF AN EXCESS RIGHT-OF-WAY EASEMENT FOR PUBLIC ALLEY PURPOSES GENERALLY LOCATED WEST OF ASH STREET,SOUTH OF WARNER AVENUE WHEREAS, the City Council of the City of Huntington Beach wishes to summarily vacate an easement which is excess right-of-way and is not required for street or highway purposes pursuant to California Streets and Highways Code Section 8334(a); and Said excess right-of-way easement is comprised of a portion of the public alley generally located west of Ash Street and south of Warner Avenue, NOW, THEREFORE, the City Council of the City of Huntington Beach, does hereby resolve as follows: 1. Pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highways Code, commencing with Section 8334(a), the City Council of the City of Huntington Beach hereby orders the vacation of the excess public alley right-of-way easement generally located west of Ash Street and south of Warner Avenue. 2. The right-of-way easement hereby vacated is more particularly described in the Legal Description and Plat attached hereto as Exhibits "A" and "B," which Exhibits are incorporated by this reference as though fully set forth herein. 3. The City Council does hereby confirm that the easement herein vacated is excess right-of-way and is not required for street or highway purposes. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 21 s t day of June ,2010. Ma REoAministrator AND APPROVED: INITIATED AND APP OVED: C ` Dir r of Pu is Wor secto bl PROVED AS TO FORM: ity Attorney �- 1 0-2 52 0/47 993.doe Resolution No. 2010-45 EXHIBIT *A* LEGAL DESCRIPTION THAT PORTION OF THE 20' WIDE ALLEY LYING ADJACENT TO AND SOUTHERLY OF LOTS 2. 4, 6, 8, AND 10 IN BLOCK B, AS SHOWN ON TRACT NO. 368, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 15, PAGE 31 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BOUNDED WESTERLY BY THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID LOT 10 AND BOUNDED EASTERLY BY THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID LOT 2. EXCEPT THEREFROM THE WEST 55.00 FEET OF SAID DESCRIBED LAND. THE HEREINABOVE DESCRIBED PARCEL CONTAINS 3,856 SQUARE FEET OF LAND, MORE OR LESS. SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS—OF—WAY AND EASEMENTS OF RECORD. EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF DAVlD J. MACARTHUR, R.C.E. 12502 DATE REGISTRATION EXPIRES 3/31/11 QRpFE55/Q�,A! Moo �r No. 12W2 m E7. 3-31-M s' cm �4` I.T S'LY PROLONGATION OF T= W'LY LINE OF LOT 10, , .ux "1 9LOGK B, TRACT NO, :j';�:`i:�, :f ... REGI$rF 368, M.M. 15/31 �. Oq RFC W'LY LINE OF LOT 10 y/� .0 f BLOCK B, TRACT NO. O = - T 1 D! :0 368, M.M. 15/31 `►r p -n D E. LINE OF THE WEST NW m .7,,� ,, N ;u Q wo LOT 8 h4. Z x� 2 �� 0 30, � me D - x < a s N ®1 v(Di v00 a3 p¢y�■ N 0 10, OD 2Q' O O L 0 T 2 � S'LY PROLONGATION OF E LY LINE OF LOT 2, BLOCK B, TRACT NO. E'LY LINE OF LOT 2, 368, M.M. 15/31 BLOCK B. TRACT NO. I) 368, M.M. 15/31 � •a STREET i Ices. No. 2010-45 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH I, ,LOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on June 21, 2010 by the following vote: AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: None ABSTAIN: None i Clerk and ex-offici Clerk of the City Council of the City of Huntington Beach, California This Document was electronically recorded by PLEASE COMPLETE THIS INFORMATION City of Huntington Beach RECORDING REQUESTED ®Y Recorded in Official Records Orange County Tom Daly Clerk Recorder Illllllll IIIIIII111III1II1111111111111111111111 NO FEE 2010000293101 01 24pm 06/22/10 AND WHEN RECORDED MAIL TO 93 401 R28 5 0000000000001200000000000 City of Huntington Beach ATTN Joan L Flynn City Clerk ' s Office P 0 Box 190 Huntington Beach, CA 92648 THIS SPACE FOR RECORDER S USE ONLY TITLE OF DOCUMENT RESOLUTION NUMBER 2010-45 This t is golely for the OMCW 6t ft City of Huftom ss GWAMMMI:Cods Sea.6103€W Shotdd bs r000r&d fm@ of dvkM THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording tee applies) RESOLUTION NO 2010-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE SUMMARY VACATION OF AN EXCESS RIGHT-OF-WAY EASEMENT FOR PUBLIC ALLEY PURPOSES GENERALLY LOCATED WEST OF ASH STREET,SOUTH OF WARNER AVENUE WHEREAS, the City Council of the City of Huntington Beach wishes to summarily vacate an easement which is excess right-of-way and is not required for street or highway purposes pursuant to California Streets and Highways Code Section 8334(a), and Said excess right-of-way easement is comprised of a portion of the public alley generally located west of Ash Street and south of Warner Avenue, NOW, THEREFORE, the City Council of the City of Huntington Beach, does hereby resolve as follows 1 Pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highways Code commencing with Section 8334(a) the City Council of the City of Huntington Beach hereby orders the vacation of the excess public alley right-of-way easement generally located west of Ash Street and south of Warner Avenue 2 The right-of-way easement hereby vacated is more particularly described in the Legal Description and Plat attached hereto as Exhibits `A' and `B," which Exhibits are incorporated by this reference as though fully set forth herein 3 The City Council does hereby confirm that the easement herein vacated is excess right-of-way and is not required for street or highway purposes PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 21 s t day of June , 2010 Ma *Aminisirator AND APPROVED INITIATED AND APP OVED Director of Public Wor s 5iPROVED y AS TO FORM Attorney 10 2520/47993 doc Resolution No 2010-45 N131T LEGAL DESCRIPTION THAT PORTION OF THE 20 WIDE ALLEY LYING ADJACENT TO AND SOUTHERLY OF LOTS Z 4 6 8, AND 10 IN BLOCK B AS SHOWN ON TRACT NO 368, IN THE CITY OF HUNTINGTON BEACH COUNTY OF ORANGE STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 15, PAGE 31 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY BOUNDED WESTERLY BY THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID LOT 10 AND BOUNDED EASTERLY BY THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID LOT 2. EXCEPT THEREFROM THE WEST 55 00 FEET OF SAID DESCRIBED LAND THE HEREINABOVE DESCRIBED PARCEL CONTAINS 3,856 SQUARE FEET OF LAND MORE OR LESS. SUBJECT TO ALL COVENANTS RIGHTS RIGHTS-OF-WAY AND EASEMENTS OF RECORD EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF PREPARED UNDER THE SUPERVISION OF _ DAVID J MACARTHUR, R C E 12502 DATE REGISTRATION EXPIRES 3/31/11 eRpFESS/pbA � � Pta i25Q1 � e i EW 3-3I-2011 � OF rNX:O a SLY PROLONGATION OF I iJ7' V WW L LINE OF LOT 10 f r, "a� sJ S BLO368CK 8 TRACT M M 15/31 NO 11 r�r r i rf REGISf�R�o W LY LINE OF LOT 10 bb 04 BLOCK B, TRACT NO 9 �, 1 O T 10 368 M M 15/31 $i rn � s c 7'rr-c r 10 it'r1 � s A o E LINE OF THE WEST , N W m O 0O0 D fat t It ., T d 11 r d t D rr r r? zD o r— �' c m �mi� W o LOT 6 I � � o� fsl t)t r, n� 7•r��>' r rJ rf} � �m W 9 P A Z N co m R' o 10' p L 0 T !P � 131 fr f 13, "r<+ r C7 >7 6 o 10 20 N 0 0 t LOT 1 Ln S LY PROLONGATION OF ? LY LINE OF LO 2, t t t ar BLOCK B TRACT NO E LY LINE OF LOT 2 368 M M 15/31 :\" BLOCK B, TRACT NO �I "" � 388 M M 15/3 !o� Res No 2010-45 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss CITY OF HUNTINGTON BEACH I JOAN L FLYNN the duly elected qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on June 21, 2010 by the following vote AYES Carchio Coerper Hardy Green Bohr Dwyer Hansen NOES None ABSENT None ABSTAIN None i Clerk and ex-office Clerk of the City Council of the City of Huntington Beach California City ®f Huntington Beat2000 Main Street • Huntington Beach, CA 92648 4!10 OFFICE OF THE CITY CLERICJOAN L FLYNN CITY CLERIC August 24 2010 To whom it may concern The City Council of the City of Huntington Beach at the regular meetings held on April 5 2010 and June 21 2010 adopted Resolution No 2010-30— A Resolution of the City Council of the City of Huntington Beach Ordering the Summary Vacation of an Excess Right-Of-Way Easement and Resolution No 2010-45 A Resolution of the City Council of the City of Huntington Beach Ordenng the Summary Vacation of an Excess Right-Of- Way Easement for Public Alley Purposes Generally Located West of Ash Street South of Warner Avenue Enclosed are copies of Resolution Nos 2010-30 and 2010-45 for your information and use '?� 0"4$w) Joan Flynn City Clerk JF pe Enclosures Copies to RDMD Geomatics O C Water District O C Assessors Office Registrar of Voters Map Section O C County Clerk So Ca Edison Co Vince Cichoski Thomas Bros Maps H B Main Post Office Warner So Ca Edison Co Jerry Dominguez O C Sanitation District H B Postal Substation Atlanta So Ca Gas Co Ray Turuno H B Postal Substation Olive So Ca Gas Co Joe Carton in house So Ca Gas Co Bob Worth Public Works Hopkins/Wagner Planning Transportation Dist 12 Maintenance Div Transportation Dist 7 Traffic Division Hess Fire Metro Net Communication Center O C Board of Supervisors Water Ops Manager Postal Service Address Mgmt Systems Metro Water District of Southern California Fire Department Map Maker Police Chief Sister Clues Anlo Japan • Waitakere New Zealand (Telephone 714 536 5227)