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HomeMy WebLinkAboutVacate Excess Right-of-Way on Northeast corner of Davenport Council/Agency Meeting Held:_`4 Ldo b Deferred/Continued to: *AApproved ❑ Conditionally Approved ❑ Denied ,�Cjt ler Signa e Council Meeting Date: April 5, 2010 Department ID Number: VPW 10-015 CITY OF HUNTINGTON REACH 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. 2010-30 to Vacate excess right-of-way on the northeast corner of Davenport Drive and Baruna 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 on the northeast corner of Davenport Drive and Baruna Lane. Funding Source: No funding required for this action. Recommended Action: Motion to: A) Adopt Resolution No. 2010-30, "A Resolution of the City Council of the City of Huntington Beach Ordering the summary vacation of excess right-of-way on the northeast corner of Davenport Drive and Baruna Lane" as described and depicted on the attached Legal Description and Plat Map, Exhibit "A" and Exhibit "B" respectively; 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. REQUEST FOR COUNCIL ACTION MEETING DATE: 4/19/2010 DEPARTMENT ID NUMBER: PW 10-015 Analysis: In December 2008, the property owner of 16872 Baruna Lane (APN 178-311-03), in preparing to make improvements to his backyard, contacted the Public Works Department about the location of his block wall in relation to the City's right-of-way. A review of the site and available data revealed that the subject wall and a small portion of the property (approximately 406 square feet) encroach into the City's right-of-way on Davenport Drive. The subject area is described and depicted in the attached Legal Description (Exhibit "A") and Plat Map (Exhibit "B"). Davenport Drive was acquired by the City in 1963, as an easement for public street purposes by dedication on Tract No. 5264. Staff has determined that due to the buildout of the island, the area is excess right-of-way and not necessary for street or highway purposes, or for existing or prospective public use. On November 24, 2009, the Planning Commission approved General Plan Conformance (GPC) 09-005 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 will revert to the owner of 16872 Baruna Lane. 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. Attachment(s): ® - . on 1. Resolution No. 2010-30, "A Resolution of the City Council of the City of Huntington Beach Ordering the Summary Vacation of the excess right-of-way on the northeast corner of Davenport Drive and Baruna Lane." Exhibit "A" (Legal Description) and Exhibit "B" (Plat Map) ATTACHMENT #1 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 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 Davenport Drive right-of-way located cast of Baruna Lane on the north side of Davenport Drive, 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 Davenport Drive right-of-way easement located on the north side of Davenport Drive, east of Baruna Lane. 2. The right-of-way easement hereby vacated is more particularly described in the Legal Description and plats collectively attached hereto as Exhibit "A," which exhibit is incorporated by this reference as though fully set forth herein. 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 5th day of Apri 1 , 2010 zb� ay REVI D APPROVED: INITIATED AND A PROVED: City istrator irector of Public Works APPROVED AS TO FORM: - City Attome 10-2407/45001 Exhibit "A" - Resolution No. 2010-30 Exhibit"A" Parcel 1 That portion of Davenport Drive to be vacated, as shown on Tract Map 5264, in the City of Huntington Beach, County of Orange, State of California, recorded in Book 185, Pages 27 through 35, inclusive, in the office of the Recorder of said County, said portion of land more particularly described as follows: Beginning at the centerline intersection of Baruna Lane and said Davenport Drive, as shown on said Tract Map; Thence North 00' 16' 45" West along the said centerline of Baruna Lane, a distance of 49.87 feet; Thence South 89' 43' 15" East, a distance of 30.00 feet to a point lying on the Easterly line of said Baruna Lane and Westerly line of Lot 1, said point being the beginning of a curve concave Northeasterly having a radius of 20.00 feet, a radial line through said point bears North 89'43' 15" West; Thence Southeasterly along said curve through a central angle of 88°43' 58", a distance of 30.97 feet to a point lying on the Northerly line of said Davenport Drive, said point being the True Point of Beginning; Thence North 00' 59' 17" East, a distance of 0.25 feet; Thence South 83' 16' 47" East, a distance of 81.05 feet; Thence North 00' 16' 45" West, a distance of 9.92 feet to said Northerly line of said Davenport Drive; Thence North 89' 51' 5 3" West along said Northerly line of said Davenport Drive, a distance of 80.05 to the beginning of a curve concave Northeasterly having a radius of 20.00 feet; Thence Northwesterly along said curve through a central angle of 01°07' 24", a distance of 0.39 feet to said True Point of Beginning. Shown on Exhibit"B" attached hereto and made a part hereof. Containing 409 square feet (0.009 acres)more or less. LAND Si9 A. Exp. cPjq, tS 5662 OF CA`�FO L}'VAiNt€"G;;O6872 Bart;nz-;\Bar3tna Leq,Ldroc \� a) _ 100.00' 24 1 > N89°43'15"W I c HUNTINGTON z z HARBOR I D o L1 r- o w C1 APN: 178 311 03 D rn . z C- 0i�z LOT 1 TR. 5264 DE mNS ,T M.B. 185/27-35 c' o BC o o v, c N89°43'15"W (RAD.) cn S89°43'15"E , \ 30.00' i c1 \� AREA TO BE VACATED z C O 2/ 1 X N89°51'53"W 80.05' L1 L2 883°16'47"E 81.05' a Eo / CA v - - _ m SEE DETAIL "A" P. .e. DAVENPORT DRIVE LAND SU N89°51'53"W L A' F0,9 LINE TABLE z 0 O LINE DIRECTION DISTANCE NO L1 N00.59'17"E 0.25' o L2 SOO'16'45"E 9.92' o w cn o �`S 56roS P ,P CURVE TABLE SHEET 2 OF 3 OF CALXF CURVE A RADIUS LENGTH EXHIBIT "B" Cl 88.43'58" 20.00' 30.97' 16872 BARUNA LN. C2 01'0T24" 20.00' 0.39' SCALE. 1' = 20' FOR VACATION OF POR. OF DAVENPORT DR. Exhibit "A" - Resolution No. 2010-30 HUNTINGTON EXIST. R/W HARBOR GtJARDRAIL r . ROCK WALL APN: 178 311 03 " EXIST. R/W PROPSED R/W I BACK F WALK BLOCK WALL LLJ > PLANTER WALL OC TREE (TYP.) CF 0 IZ � N W Q � 0 GATE �S E DETAIL "A" DWY R/W � BLOCK CF WALL PROPOSED R/W COLUMN C BARUNA LANE (GATE l IBACK FLKEXISTSCALE: 9a = 20' �/W SHEET 3 OF 3 DETAIL "A" SITE SURVEY N.T.S. 16672 BARUNA LN. FOR VACATION OF POR. OF DAVENPORT DR. Res. No. 2010-30 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 April 5, 2010 by the following vote: AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: None ABSTAIN: None CilyClerk and ex-officiolgierk of the City Council of the City of Huntington Beach, California RCA ROUTING SHEET INITIATING DEPARTMENT: Public works SUBJECT: vacate Excess Right-of-Way on the northeast corner of Davenport Drive and Baruna Lane COUNCIL MEETING DATE_ April 5;2010 RCA ATTACHMENTS STATUS Ordinance (w/exhibits &legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract.Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR MISSINGENT REVIEWED RETURNED FORWARDED Administrative Staff ( ) ( ) Deputy City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ( ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: - . RCA Author: B. Milani PLEASE COMPLETE THIS INFORMATION a c„deft6r Records Orange county ToFTI Daly CIerk Recorder RECORDING REQUESTED 9Y �'�� � , �,'��!SDI,IIIIIIIlII;illfi��lil�i�lll��llil� NO FEE I t`0n018 3a09 12 15 Pm 04/20/1 O Ou �gDu 0c00o15 00 0 00 0 00 0 00 AND WHEN RECORDED MAIL TO 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 i� RESOLUTION NUMBER 2010-30 This domment is sd*for the offidai kWmw of the City of Hwlkow Beach as cont uroder Govwnmwt Code sw elo3 end should b s mowded f es of dmge THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording tee applies) I. 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 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 Davenport Drive right-of-way located east of Baruna Lane on the north side of Davenport Drive NOW THEREFORE the City Council of the City of Huntington Beach does hereby resolve as follows I 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 Davenport Drive right-of-way easement located on the north side of Davenport Drive east of Baruna Lane 2 The right-of-way easement hereby vacated is more particularly described in the I egal Description and plats collectively attached hereto as Exhibit A which exhibit is incorporated by this reference as though fully set forth herein 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 5th day of Apri 1 2010 ay REVI D APPROVED INITIATED AND A PROVED City istrator (Director of Public Works APPROVED AS TO FORM 6N— ity Attorne 31-qj0 10 2407/4�,001 O Exhibit "A" - Resolution No 2010-30 Exhibit"A' Parcel 1 That portion of Davenport Drive to be vacated as shown on Tract Map 5264, in the City of Huntington Beach County of Orange State of California, recorded in Book 185, Pages 27 through 35, inclusive in the office of the Recorder of said County, said portion of land more particularly described as follows Beginning at the centerline intersection of Baruna Lane and said Davenport Drive, as shown on said Tract Map Thence North 00 16' 45' West along the said centerline of Baruna Lane, a distance of 49 87 feet Thence South 89 43 15" East, a distance of 30 00 feet to a point lying on the Easterly line of said Baruna Lane and Westerly line of Lot 1, said point being the beginning of a curve concave Northeasterly having a radius of 20 00 feet, a radial line through said point bears North 89 43 15" West, Thence Southeasterly along said curve through a central angle of 88 43' 58 a distance of 30 97 feet to a point lying on the Northerly line of said Davenport Drive, said point being the True Point of Beginning Thence North 00 59 17" East a distance of 0 25 feet Thence South 83 16' 47" East a distance of 8105 feet, Thence North 00 16 45 West a distance of 9 92 feet to said Northerly line of said Davenport Drive Thence North 89 51' 53 West along said Northerly line of said Davenport Drive a distance of 80 05 to the beginning of a curve concave Northeasterly having a radius of 20 00 feet Thence Northwesterly along said curve through a central angle of 01 07 24 a distance of 0 39 feet to said True Point of Beginning Shown on Exhibit B attached hereto and made a part hereof Containing 409 square feet(0 009 acres) more or less LAND SI'4L �i� PAL A FQ9 Fs- v 0 Exp 4S, 5662 qrF OF CA4�F�¢ Q CIA iq Kr ^^ E a a uu i \\ _ 10000 / C2 > N89 43 15 W c HUNTINGTON \ L1 /I ID o HARBOR c1 / r— o W APN 178 311 03 / D D TA "A" Z ��" LOT 1 TR 5264 oIW EN I�s o m Bc M B 185/27-35 o o U' N89 43 15' W (RAD ) S89 43 15 E / — 30 00 Cl \� AREA TO BE VACATED o C2CD \ r, 1 N89 51 53 W 80 05 LTI I L1 rt \ 883 16 47 E L2 / 81 05 a co o SEE DETAIL A POB DAVENPORT_ DRIVE SEA LAND N89 51 53 W 0 L¢*� LINE TABLE o �( 9 LINE DIRECTION DISTANCE Eicp L1 N00 59 17 E 025 0 * L2 Soo 16 45 E 992 0 5662 ��Q CURVE TABLE SHEET 2 OF 3 T1 OF CALIF CURVE p RADIUS I LENGTH EXHIBIT "B" Cl 88 43 58 2000 1 .3097 16872 BARUNA LN C2 01 07 24 2000 1 039 SCAM 1' a 20 FOR VACATION OF POR I OF DAVENPORT DR Exhibit "A" - Resolution No 2010-30 HUNTINGTON EXIST R/W HARBOR GUkRDRAIL *. ROCK WALL AP 178 311 03 �\ EXIST R/W PROPSED R/W BACK F WALK BLOCK WALL LLJ PLANTER > WALL 01-1 TREE (TYP ) 1 CF r-� \ 0 w GATE S E DETAIL A DWY R/W BLOCK CF WALL PROPOSED R/W COLUMN BARUNA LANE (GATE YBACK K JSCALE >m — ao EXIST SHEET 3 OF 3 DETAIL "A" SITE SURVEY N T S 16872 BARUNA LN FOR VACATION OF POR OF DAVENPORT DR pt,jr,c T Of- .J- Res No 2010-30 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss CITY OF HUNTINGTON BEACH D I JOAN L FLYNN the duly elected qualified City Clerk of the City of Huntington Beach and ex-offices 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 April 5, 2010 by the following vote AYES Carchio Coerper Hardy Green Bohr Dwyer Hansen NOES None ABSENT None ABSTAIN None CflyClerk and ex-officio Jerk of the The tomoolnmeat is e,00FIT111 City Council of the City of copy of the ad ins$on the in this oMM � � 20� Huntington Beach California Attest 6dy Clara and x offs s Cl�srlx cat the Ci"y Coun '1 of a'9 Cl"y iiuntington Bewh. Cal rn City ®f Huntington Beach 4i!O 2000 Main Street a Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L FLYNN CITY CLERK 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 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 Enclosed are copies of Resolution Nos 2010-30 and 2010-45 for your information and use I � M�jj�� 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 Cities Anjo Japan ® Waitakere New Zealand (Telephone 714 536 5227)