HomeMy WebLinkAboutSummary Vacation of Water Line Easement - 7601 Edinger Avenu Esparza, Patty
From: Winchak, Kris
Sent: Thursday, January 19, 2012 2:12 PM
To: Esparza, Patty
Cc: Lee, Duncan; DeBow, Debbie; Milani, Bob
Subject: FW: Summary Vacation -Water Line Easement- Bella Terra
Attachments: 101748 Hopkins, Lee.pdf
Patty, _--_�._.._..m.w.�.,._.____---....'"`,�_-..•.-_
We are requesting that the waterline easement Summary Vacation for Bella Terra that you are currently holding be
recorded. I have attached copies of the RCA and Resolution No. 2011-81 for your reference. Please send a copy of the
recorded document to the Public Works Department once you have received it.
Thank You
Kris Winchak
From: Lee, Duncan
Sent: Thursday, January 19, 2012 1:58 PM
To: Winchak, Kris
Subject: FW: Summary Vacation - Water Line Easement - Bella Terra
Duncan Lee, P.E.
From: Esparza, Patty
Sent: Tuesday, October 18, 2011 10:10 AM
To: Greene, Joyce
Cc: Lee, Duncan
Subject: Summary Vacation - Water Line Easement- Bella Terra
Hi All —Attached is the approved RCA & Resolution #2011-81 for the Summary Vacation of a Water
Line Easement @ 7601 Edinger (Bella Terra). I am holding this item in pending and WILL NOT
record it with the Orange County Recorder until I get the go ahead from you. Please advise when it is
ready to be done. Thanks!
Patty Esparza, CMC
Senior Deputy City Clerk
City of Huntington Beach
/14-536-5260
iw'4p/ease think of trees before you print
1
This Document was electronically recorded by
City of Huntington Beach
PLEASE COMPLETE THIS INFORMATION
Recorded in Official Records, Orange County
RECORDING REQUESTED BY: Tom Daly, Clerk-Recorder
III III I II II IINIIII III I I IIIIII 21.00
2012000030828 04:13pm 01/19/12
AND WHEN RECORDED MAIL TO: 0. 422 R28 6
0.00 0.00 0.00 0.00 15.00 0.00 0.00 0.00
City of Huntington Beach
Attn: Joan L. Flynn
City Clerk ' s Office
P. O.. Box 190
Huntington Beach, CA 92648
THIS SPACE FOR RECORDER'S USE ONLY
TITLE OF DOCUMENT:
RESOLUTION NUMBER 2011-81
This document Is solely for the ofllkW
bualness of the Clty of Huntington
Beach,as contemplated under
Govemrment Code Sec.6103 wed
should b 9 recorded free of ChOrP.
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee applies)
RESOLUTION NO. 2011-81
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH ORDERING THE
SUMMARY VACATION OF A WATER LINE EASEMENT
ON PROPERTY LOCATED AT 7601 EDINGER AVENUE
WHEREAS, the City Council of the City of Huntington Beach wishes to summarily
vacate an easement for water line purposes located at 7601 Edinger 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 8333, the City Council of the City of Huntington Beach hereby
orders the summary vacation of a public service easement for water line purposes located at 7601
Edinger Avenue and more particularly described on Exhibits A and B attached and incorporated
herein by this reference.
2. The City Council does hereby confirm that the easement herein vacated has been
superseded by relocation and that there are no other public facilities located within the easement.
3. The City Council hereby declares that from and after the date of the recordation of
this resolution that the easement herein identified shall no longer constitute a public service
easement.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 17th day of October , 2011.
k
r
REVIE ND APPROVED: APPROVED
AS TO FORM:
City anger (_ City Attorney b�r cLW�t
INITIATED AND PROVED:
Director of Public Wd ks
11-3052/69810
Resolution No. 2011-81
EXIIIBIT"A"
LEGAL DESCRIPTION
In the City of Huntington Beach, County of Orange, State of California, being those portions of
easements lying within Parcel 1 of Parcel Map No. 86-200, as shown on a map filed in Book 255,
Pages 40 through 45,inclusive, of Parcel Maps and Parcels 9 and 10 of Parcel Map No. 2003-163,as
shown on a map filed in Book 358, Pages 1 through 9, inclusive, of Parcel Maps, both in the Office
of the County Recorder of said County, and as described in the Special Utility Easement and
Maintenance Agreement recorded January 3, 2007 as Instrument No. 2007000003422 of Official
Records in the office of said County Recorder, described as follows:
All of the easements for water main purposes dedicated on said Parcel Map No. 86-200,lying within
Parcel 1 of said Parcel Map.
Together with portions of those easements for public water facilities and appurtenance purposes
dedicated on said Parcel Map No. 2003-163, also being described in said Special Utility Easement
and Maintenance Agreement, described as follows:
Easement"Al", Easement "AT', Easement "AY, Easement"A4", Easement "A6",Easement "B,
Easement "B1", Easement "C", Easement "Cl", Easement "C2", Easement "C3", Easement
"C4", Easement "C5", Easement "C6", Easement "C7", Easement "C8", Easement "C9",
Easement"C10", Easement"C11", Easement"C12" and Easement"C13".
Together with a portion of an easement for public water facilities and appurtenance purposes
dedicated on said Parcel Map No. 2003-163, also being that portion of Easement "A" of said
Special Utility Easement and Maintenance Agreement, described as follows:
A strip of land 10.00 feet in width,the centerline of said strip described as follows:
Beginning at the westerly terminus of that certain course in the centerline of said easement shown
on said Parcel Map No. 2003-163 as "N89°32'06"W 81.29"'; thence along the centerline of said
easement and said Easement "A" the following three courses: South 89°32'06" East 81.29 feet,
South 44°32'06" East 23.83 feet and South 89°32'06" East 362.00 feet.
Revised:August 25,2011
July 18,2011
WO No.3337-1X
Page 1 of 2
H&A Legal No.7727
By:LG/KV
Checked By:R.Williams
Resolution No. 2011-81
EXHIBIT"A"
LEGAL DESCRIPTION
All as shown on Exhibit`B" attached hereto and by this reference made a part hereon.
Legal description prepared by:
BAND
�= J Rory S.Williams
Rory J illia s, L.S No. 6654 No. 6654
Date: ZS
9TFOF CA��FO�
Revised:August 25,2011
July 18,2011
WO No.3337-1X
Page 2 of 2
H&A Legal No.7727
By:LG/KV
oil -- Checked By:R.Williams
Resolution No. 2011-81
FELLA TERRA
EASEMENT NOTES: Sketch to Accompany Legal Description
EASEMENTS FOR WATERLINE PURPOSES DEDICATED ON
PARCEL MAP NO. 86-200, P.M.B. 255 40-45.
/ NOTE: EASEMENTS "A", "B", "C", "Al"
OEASEMENTS FOR PUBLIC WATER FACILITIES AND APPURTENANCE THROUGH "A4", INCLUSIVE, "A6",
PURPOSES DEDICATED ON PARCEL MAP NO. 2003-163, P.M.B. 358/1-9 "Bt" AND "Cl" THROUGH "C13",
AND THE SPECIAL UTILITY EASEMENT AND MAINTENANCE AGREEMENT INCLUSIVE, ARE ALL EASEMENTS K
RECORDED JANUARY 3, 2007 AS INSTRUMENT NO. 2007000003422 O.R. AS REFERENCED HEREON.
( )R1 RECORD DATA PER PARCEL MAP NO. 2003-163, P.M.B. 358/1-9.
CENTER AVENUE
P 0 R. I u
SOUTHERN CALIFORNIA S`••:C. 24, 5 S
EDISON RIGHT OF WAY
EASEMENT "C1"
EASEMENT "B" �� EASEMENT "C2"
KO EASEMENT "C" EASEMENT "C11"
``' D•. . O EASEMENT "CS'
w_ EASEMENT "C4"
EASEMENT "C12"
EASEMENT
,:C" EASEMENT "C5" l
EASEMENT "C6"
J z I
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- EASEMENT "C7"
Q U
EASEMENT "C8"
Ld 2 EASEMENT "C13"
j N EASE SENT
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LAND S
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m S89°32'06"E
o w K Q Q 362.00' No. 6654
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_EDINGER Date:_AVENUE _ M , LS 6654
Date:
HUNSAKER & ASSOCIATES EXHIBIT 99 99
®A I R V I N E , I N C WATER LINE EASEMENT ABANDONMENT
PLANNING " ENGINEERING " SURVEYING
Three Hughes - IMw, CA 92618 - PR(949)583.1010 - FX(949)583.0759 CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE,STATE OF CALIFORNIA
DATE: 07 17 11 1 oniF 08 25 11 6E,. LG/KVO BYd R. WILLIAMS SCALE: 1"= 200' W.O. 3337-1X
FILE` I:\BELLA TERRA\LD\7727\SHTOI .dwg H&A LEGAL No. 7727 SHEET 1 0F 1
Res. No. 2011-81
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 October 17, 2011 by the following vote:
AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, Boardman
NOES: None
ABSENT: None
ABSTAIN: None
foragaing lnstru 1Ont 1
copy of the 0Agine on in thin� y Clerk and ex-offici Clerk of the
Arrest City Council of the City of
- j� -lerk Huntington Beach, California
CRYCtevk '" �f the
pP"UP1
y
a
Council/Agency Meeting Held: O O
Deferred/Continued to: VX44---.S-A��
XLApprQ.ved ❑ Conditionally Approved ❑ Denied l�City C rk' ignat
Council Meeting Date: October 17, 2011 Department ID Number: PW 11-059
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Travis K. Hopkins, PE, Director of Public Works
SUBJECT: Adopt Resolution No. 2011-81 for the Summary Vacation of a Water
Line Easement at 7601 Edinger Avenue (Bella Terra)
Statement of Issue: The Public Works Department requests for City Council to adopt a
Resolution to summarily vacate a water line easement at 7601 Edinger Avenue pursuant to
Division 9, Part 3, Chapter 4 of the California Streets and Highways Code commencing with
Section 8334(a). Public notice is not required for a summary vacation of a public service
easement.
Financial Impact: Not Applicable.
Recommended Action: Motion to:
A) Adopt Resolution No. 2011-81, "A Resolution of the City Council of the City of Huntington
Beach Ordering the Summary Vacation of a Water Line Easement on Property Located at
7601 Edinger Avenue;" and,
B) Authorize the Director of Public Works to instruct the City Clerk to record said Resolution
and attached exhibits with the Orange County Recorder on a date to be determined:-----__—_r
Alternative Action(s): Deny the recommended action.
Item 8. - I HB -78-
REQUEST FOR COUNCIL ACTION
MEETING DATE: 10/17/2011 DEPARTMENT ID NUMBER: PW 11-059
Analysis: The property at 7601 Edinger Avenue for the proposed Costco Wholesale, Mixed
Use and Residential (The Village at Bella Terra) has an existing public water line easement
over a portion of the site that was dedicated to the City of Huntington Beach on Parcel Map
86-200, filed in Book 255 Page 40 through 45 and Parcel Map 2003-163 filed in Book 358
Pages 1 through 9, both in Parcel Maps of the Office of the Orange County Recorder, State
of California.
The water line easement is used for public waterlines, fire hydrants, and water meter
assemblies that served the previous Mervyn's Store, Montgomery Ward's Store and Auto
Service Center. With the re-development of the site for the proposed Costco, mixed use, and
residential (Village at Bella Terra), portions of the existing public water lines, fire hydrants
and water service assemblies have been either abandoned or removed. Those portions of
existing water line easements that covered the abandoned water lines no longer serve any
public use and DJM Partners, Inc. (owner and developer of development sites) has
requested that the City vacate the easement. Upon vacation and recordation of this water
line easement, the rights to the underlying land would revert back to the fee owner of the
property.
Typically, the vacation of easements would immediately be recorded after City Council has
approved the vacation. However, given the dynamic construction sequencing of this project,
staff recommends that the vacation be recorded after the new public water mains have been
installed and replacement utility easements have been recorded.
The vacation of the water line easement (public service easement) does not require a
Planning Commission approval for General Plan conformance under Government Code
Section No. 65402. Unlike the general street vacation process, the summary vacation of a
public service easement does not have public noticing requirements, nor does it require a
separate public hearing prior to the City Council taking action.
Public Works Commission Action: Not Required.
Environmental Status: "The proposed project is categorically exempt pursuant to Class V:
Alterations in Land Use Limitations, sub-section (a) Minor street, alley and utility easement
vacations, of Resolution No. 4501 of the City of Huntington Beach."
Strategic Plan Goal: Maintain, improve and obtain funding for infrastructure and equipment
Attachment(s):
1. Resolution No. 2011-81, "A Resolution of the City Council of the City of Huntin"Beach
Ordering the Summary Vacation of a Water Line Easement on Property Located at 7601
Edinger Avenue"
HB -79- Item 8. - 2
ATTACHMENT # 1
Item 8. - I iin --80-
RESOLUTION NO. 2011-81
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH ORDERING THE
SUMMARY VACATION OF A WATER LINE EASEMENT
ON PROPERTY LOCATED AT 7601 EDINGER AVENUE
WHEREAS, the City Council of the City of Huntington Beach wishes to summarily
vacate an easement for water line purposes located at 7601 Edinger 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 8333,the City Council of the City of Huntington Beach hereby
orders the summary vacation of a public service easement for water line purposes located at 7601
Edinger Avenue and more particularly described on Exhibits A and B attached and incorporated
herein by this reference.
2. The City Council does hereby confirm that the easement herein vacated has been
superseded by relocation and that there are no other public facilities located within the easement.
3. The City Council hereby declares that from and after the date of the recordation of
this resolution that the easement herein identified shall no longer constitute a public service
easement.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 17th day of October , 2011.
x
r
%REVIE ND APPROVED: APPROVED AS TO FORM:
1 � PiCD I'jj -2-�ott
anger (_ City Attorney b ko cLW\l
INITIATED AND PP ROVED:
Director of Public W(� s
11-3 052/69810
Resolution No. 2011-81
EXHIBIT"A"
LEGAL DESCRIPTION
In the City of Huntington Beach, County of Orange, State of California, being those portions of
easements lying within Parcel 1 of Parcel Map No. 86-200, as shown on a map filed in Book 255,
Pages 40 through 45,inclusive, of Parcel Maps and Parcels 9 and 10 of Parcel Map No. 2003-163,as
shown on a map filed in Book 358, Pages 1 through 9, inclusive, of Parcel Maps, both in the Office
of the County Recorder of said County, and as described in the Special Utility Easement and
Maintenance Agreement recorded January 3, 2007 as Instrument No. 2007000003422 of Official
Records in the office of said County Recorder, described as follows:
All of the easements for water main purposes dedicated on said Parcel Map No. 86-200,lying within
Parcel 1 of said Parcel Map.
Together with portions of those easements for public water facilities and appurtenance purposes
dedicated on said Parcel Map No. 2003-163, also being described in said Special Utility Easement
and Maintenance Agreement, described as follows:
Easement "Al", Easement "AT', Easement "A3", Easement "A4", Easement "A6", Easement "B,
Easement "B1" Easement "C" Easement "Cl", Easement "C2" Easement "CY' Easement
"C4" Easement "C5" Easement "C6" Easement "C7" Easement "C8" Easement "C9"
Easement"C10", Easement"C11", Easement "C12" and Easement"C13".
Together with a portion of an easement for public water facilities and appurtenance purposes
dedicated on said Parcel Map No. 2003-163, also being that portion of Easement "A" of said
Special Utility Easement and Maintenance Agreement, described as follows:
A strip of land 10.00 feet in width,the centerline of said strip described as follows:
Beginning at the westerly terminus of that certain course in the centerline of said easement shown
on said Parcel Map No. 2003-163 as "N89°32'06"W 81.29"'; thence along the centerline of said
easement and said Easement "A" the following three courses: South 89°32'06" East 81.29 feet,
South 44°32'06" East 23.83 feet and South 89°32'06" East 362.00 feet.
Revised:August 25,2011
July 18,2011
WO No.3337-1X
Page 1 of 2
H&A Legal No.7727
By:LG/KV
Checked By:R.Williams
Resolution No. 2011-81
EXHIBIT"A"
LEGAL DESCRIPTION
All as shown on Exhibit`B" attached hereto and by this reference made a part hereon.
Legal description prepared by:
\,p,ND
Rory S. Williams
Rory . illiafns, I S No. 6654 No. 6654
Date: 2
OF CA
Revised:August 25,2011
July 18,2011
WO No.3337-1X
Page 2 of 2
H&A Legal No.7727
By:LG/KV
Checked By:R.Williams
Resolution No. 2011-81
FELLA TERRA
EASEMENT NOTES: Sketch to Accompany Legal Description
EASEMENTS FOR WATERLINE PURPOSES DEDICATED ON
J PARCEL MAP NO. 86-200, P.M.B. 255 40-45.
/ NOTE: EASEMENTS "A", "B°, "C», "Al"
OEASEMENTS FOR PUBLIC WATER FACILITIES AND APPURTENANCE THROUGH "A4", INCLUSIVE, "A6",
PURPOSES DEDICATED ON PARCEL MAP NO. 2003-163, P.M.B. 358/1-9 "B1" AND "Cl" THROUGH "C13",
AND THE SPECIAL UTILITY EASEMENT AND MAINTENANCE AGREEMENT INCLUSIVE, ARE ALL EASEMENTS K
RECORDED JANUARY 3, 2007 AS INSTRUMENT NO. 2007000003422 O.R. AS REFERENCED HEREON.
( )R1 RECORD DATA PER PARCEL MAP NO. 2003-163, P.M.B. 358/1-9.
CENTER AVENUE
:::r.: rr} 14
SOUTHERN CALIFORNIA I4, u S : R •• I:'`3
EDISON RIGHT OF WAY
EASEMENT »C1»
fEASEMENT "B" �L— EASEMENT " "C2
J OK EASEMENT "C" tEEASEMENT
SEMENT "C11"
z I »C3"
w E"t
w_ ( EASEMENT "C4" ....
EASEMENT "C12"
XAEASEMENT C5 1
EASEMENT "C" " "I�— EASEMENT "C6" I
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- EASEMENT "C7"
J N EASEMENT "C8"
I 4
Q U
EASEMENT "C13°
EASEMENT "C9° J
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_EDINCEfR_AVENUE _ RORY �IAM , LS 6654
Date:
HUNSAKER & ASSOCIATES EXHIBIT "13
®s I R V I N E I N C WATER LINE EASEMENT ABANDONMENT
PLANNING - ENGINEERING - SURVEYING
Three Hughes - Mie, CA 92618 - PH:(949)583.1010 - FX(949)583.0759 CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE,STATE OF CALIFORNIA
DATE: 7, LG
07 17 11 one 08 25 11 /KVO R. WILLIAMS SCALE: 1"= 200' W.O. 3337-1X
L,:\BELLA TERRA\LD\7727\SHT01 .dwg H&A LEGAL No. 7727 SHEET 1 OF Lij
Res. No. 2011-81
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 October 17, 2011 by the following vote:
AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, Boardman
NOES: None
ABSENT: None
ABSTAIN: None
y Clerk and ex-offici Clerk of the
City Council of the City of
Huntington Beach, California