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HomeMy WebLinkAboutVacation - Portion of an alley - Date Recorded 03/20/58 - Re r • I r RESOLUTION Noe 1343 3 AN ORDER OF' TIY; CITY COUNCIL OF THE CITY 4 Ct ' ittk TT C'. C 1 33BACH VACATING •THE ALLEY SITUATED IN BLOCX A Cif' T.UCT 528, . r 5 r 6 WHEREAS 9 the Citj— Coiuncll of the City of Huntington " 7 Beaehq Calif oi,,-nia p did$ by unanimous vote on tto 3.7th day' r of February, 1958l at a regular meeting of said bodys reguw 9 iariy and dixLy adopt Rgsoluti.on No. 13364 enti.tledv "A �Resoft to luti on of Intention of the City Counairi of the City of HunZWM ini ton Beach to vacate a portion of an alley in said City , 11 � � Y � 12 axed giving notice o.f . m hearing can said vacation...tQ I and 13 WHRR2A8 j the City CouncU of the City of Runti,ngto)l 14 Reaoh chid nxeet to proceed under the provisions of the 5 Street Vacation Act of 1941; and 16 WHEREAS9 the portion of the street to be vacated lies 17 within the City of Huntington Roach and is not a portion of 18 a state highway; and 19 WHEREAS , the City Clerk of the City of Huntington Beach s 20 did cause a copy a;f said resolution of i,nterntlon to b-) pub-o 21 li.shed in the Hiintington Beach Newsy a newspaper of ganexa 22 Circulation printed and published in the City of HuntinUton 23 Beachy by one Insertion on the 2t ,.. day -of r 24 19583 and r: 25 WH REA34 said resolution coon ainad a nodes that the a 26 x7th day of Larch) ?958, at the hour of 8 s 3p o = 01001C Plime i 27 in the Gbio ail Chamber in the City ' Hall ; Huntington Beach� 28 29 t + r i f i y. ' �t�K PAGE { Re s. o. �3 ; { waa the time and place when. and where a public hearing was 3 to be held upon, said resolution of intentions at.- which hear 4 ink all persons interested in or objecting to the proposed 5 i vacation may be heard; and WHEREAS, notice of street; vacation -was posted as requires 7 ad by law: 9 NCW TUNREFOU the City Council of the City of Hunting- 10 tan Beach does resolve as follows: 't F 11 Section l E The City Council of the City of Htratington 12 Beach, after hearing the evidence offered by all persona ins► 13 tcrested appearing before said Councils does hereby find C ( . 14 from all othe evidence submitted that the allay herein demo 15 ,scri.bed ' is unnecessary for present or prospective public r' i '16, street and alley purposes. 17 Section 2s It is hereby ordar©d that that certain alley f 1P 'in the City . of Huntington Beach. described as: ti 19 "That certain public alley situated in Blook 20 "All of Tract Ho. 528= running . northerly from 21 Wintersburg Avenue tlu,,ough ' said B1 ck "A" to 22 the northerly terminus of said alley, and more 23 particularly described as; . f 24 That parcel of land 15 feet wide x.�.rid 610,p22 -a a 25 -Peet long situated in Block "A" of Tract Jjo, 26 5289 as shorn On w map thereof recorded in 27 ; Book 18, at PAge 281. of Miscellaneous ' mapn t 28.. 29 2, af ti I e i r� i l aa�K4%234 .►HcE ,� f i 2 Records of Orange County$ ualifornia# said 3 - parcel of land being a public alley which f 4 runs northerly from Wrote rsburg Avenue. through slid Block "A", to Its northerly tear g minus, �r 7 f g e and the.same i here'cy tf ��, d for public street and alley - a 9 p'urpossa., subject to th,,q resexvatioSn of easements and rights to of»way set forth in Section 8333 of the Streets and Highways 11 Coda of the State of California '. i 12 Section 39 The City Clerk is her6by authorized and 13 directed to cause a certified copy of thin order, attested 14 by the Clerk under- the seal -of this City5 together, with a .s 15 certified copy of Hes4*..ution No-& 1336 to be recorded in the i, 16 office of the Count; Recorder of Orange Couaty5 Californiat } 17 PASSED AND ADOPTED by the City Council, of the City of 18 Huntington Beach$ Cali for-nia 9 this h clay of March 5 19 19580 20 21 ,.� VICTOR TEMY Mayor 22 23 ATTBSTs 24 RECORDED AT REQUEST OF, IC& L cay of Nu*t.ATON O.eA'H I�NA�wiouUM J'►}1 f+Xwgr� A w"0 h w w wru w w.�IM 4,dr 2529H City -Clerk PAGE ► MAR 0..195$. 26 _mIH. HASI'. r.�..G� M 27 0Jri NGA CIt�U N��,�CULIf.-95NIA Af AiloSWr { 28 CaUNTYRECORDER 20 FREE i 3. j f r j ��ou ` : ?ACES s. NOD 1 P F F 2 TATE OF CALIFORNIA 3 ouhty of Orange ) Be r tty of Huntington Heath ) 4 { 5 19 JOAN L, . HERRICKSEN O the duly elected t qualified TU e , rid actin" g City Cleat of the C ity of Huntington Beach, and 7 ' xwofficio Clark of the City Coun,oil of said City3 do here-, •' a C r•S ' $ y c e ttfy that the whole iiumber of members of the City 9 ouncil of the City of Huritington Beach is fivel that 10 ba foregoing resolution was passed and adopted by • the 11 ffirmattvo vote of more than a majority of all the members 12 af said City Council: at a rogular meeting thereof held on 13 .I10 17t1 day of. Uarah .,a 19580 by the following ' 14 E ' O e, x . . 15 , 16 AYE t Councilmen t 17 18 QES s Counoil.men s 19 Done. - � r ABSENTS cousncilmen s 20 4 j 21 : Ono a t ...p.,,r.............,.,... ,..... 22 Jolla is23 i •. -, •' ' 'r, `'` , ;city Cfor�• and exwofficio Clerk of , the City Council, of the City of 2.: 4 .,: Hun. tington Beachl California � 25 • ;:. . " �• , +, T.-3 G`,• C, . ..� Deputv f� °s _ f 4 1 'i M t r • l 1 M l a r 2 _yw RESOLUTION N0 s 1336 ,. A ti f 4 A 'RESOLUTION,i3OF INTENTION .,O TU,, CITY COnCIL_ 01' THE CITY,.y F HUNTINGTON i . 5 'BEACH TO VACATE A :POR2� ON OF AN ALLEY IN SAID CITY, AND GIVING NOTICE.. OP :a 6 A IMARING ON SAID VAOATION 7 WHEREAS , a petition has been _'presented to the City y 8 0161, ncil of the City of Nuntingt.on Peach to abandon an all P E A ' 9 'as hereinafter described; and 1 10 WHEREAS , the City Council desires to vacate the said t 11 , alley, as hereinafter described ; I 12 NOW THEREFORE , the City Council of the City of Hunt- on ingto`n BE:ar h, California, does resolve , determine and de- t � 14 cl.are as follows : ' 15 Section 1 s That the City Council of the City of ' 16 Huntington Beach does hereby declare its intention to vacate r 17 that certain alley running through Block "A" , Tract No , 5239 18 in the City of Huntington Beach, which alley is further x 19 described as follows : [ 20 That certain public alley situated in Block [ �: 21 "A" of Tract No . 528 , running northerly from 4 22 wintersburg Avenue through said. -Block "A" to r 23 the northerly terminus of said alley, and 24 more particularly described ass r 25 That parcel o:� .and l5 feet wide 'and '610 , 22 feet Long t ! 26 Bl ek "A" o rat '2 a shown on a ma situated in o f Tract No . 5 8 , s o p 27 thereof recorded in Book 18, at Page 28 , of Miscellaneous E s 28 Maps , Records 'of Orange 'County, California, aaid• parcel of r 29 3: k �;Y'• t E t{iQ. l t I; f Reso . 1336 Li-,'0 4?3 4 PAGE 2 1 � • t 1 land being a public alley which rims northerly from F 2 Wintersburg `Avenue through said Block "A" to its northerly s 3 terminus . 4 , For Further particulars reference is hereby made to ; r 5 a map on file in the office of the City Clerk of said Citye ? ., Section '2 : The City Council does hereby determine I 7 ' that the public convenience and necessity requires the reservation of ~easements and rights-of--way for structures 9 ' enumerated in Section -8330 of the Streets anal Highways Code 1p 4: of the State of California, and that the proceedings � ll • herein are taken subject to such reservations and exceptions . i' 12 Section 3 : That notice is hereby given that the 13 i t_ h day of March , 1958, at the hour of BOO _ 14 o ' clock P.M. in the Council Chamber in the City Hall , r 15 Huntington Beach, California, is the time and place when .and i. 16 where a public hearing shall be held upon said resolution r 17 of intention to vacate said above described alleys at which a .18 hearing all persons interested in or objecting to the pro- 19 . posed vacation inay be heard. 20 Section 4 : The Cii�,y Clerk is hereby authorized 21 f and directed to cause a copy of this resolution of intention 22 to be published in: the Huntington Beach News , a newspaper 23 of general circulation, printed and published in the City y 24 ,.. of Huntington `Beaeh by one insertion prior to the hearing set 25 4 forth in Section 3 hereof 26 Section 5 : The City Council of the City of Hunt- 4 27 ington Beach `'does hereby elect to proceed under the pro- 28 f visions of the "State vacation Act of '1941" , in "the va-- 29 2 1 t e i ti 1 Bo0K4234 PAGE • Reno . 1336 f t a 1 casting of the alley as above described. 1 2 Section 6 : The Street Superintendent is hereby I ` 3 authorized a& directejd to poet notices of. street vacation -, as .required by law. ` 5 PJLSSED AND ADOPTED by the City Council of the City ` Y f 6 of `$untirigton Beach, California, at a regular meeting € 7 thereof held on the 17th day of February 1958 8 ((tt 1 4 9 VICTOR TERRY : Mayor 10 , 11 12 13 ATTEST : r 14 JOHN Z. HENRICKSEN i'5 City C e� ' c 1 16 i a r 17 18 ' i , 19 20 i • 21 22 23 RECORDED F,i REQUEST Cep I 24 CITY OF HUNTINGTON ©EACH i .A4�Mw�1�`�I+A N+►..ww wq..w..w«�..w ww r•!p/��� . ( 25 EUDN 423 4 PAUT t MAR 2 0 1959 26 CIA rmIA C VAI �" P O 27 UN i Y RECORDER 28 FREE 29 3 . z I Z+ � s i t ' 'PI�GE � ' Reso . ko • 1335 f r 2 STATE OF CALIFORNIA County o Orange se 3 Huntington City of un. ington Beach i 4 , t I , JOHN L. HENIZICKSEN, the ' duly elected,, qualified ., and acting Ci �y Clerk `off the City o� Huzltingto`n Beach and i t! - 2�+` 7 ex--officio Clerk n� the City Council of said City, do ! / hereby certify that the whole number of 'members of the .� 8 i 9 City Council of the City `of Huntington Beach is five ; that t TU , 10 the foregoing re s o lutibn was passed and adopted bythe llI affirmative vote of more than a majority of all the members p of said City Council at a regular meeting thereof held on 1.2 I � the 17th 'day of February , 19589 by the following r i � !♦ ' 13 �rrrwrr.w■rwr■ ` vote : r - 1 1.4 AYES : Councilmen: ' t 15 By_a:_ rnt�, Irby,, Lockett, Bartlett , Terry. 7 rr.�■ ■ rlr.�rr. r+rrr+rrw+ r�■rui�.wtwn�r�r.rrrrw - - t S i. S E 17 NOES : Courcilmen: None • 1819 ABSENT: Councilmen: fj } 20 None . 1 2 •t ,,i r i'r� r• ■ 22 wRy� John L. Henricksen 23 City Clerk and ex--o f!M Clerk , of :.the City Council of the City 24 ' r. y ` •.rr of Huntington Beach, California .flE , F,0REGOING .I�.18-TAUR,:r..11T 1S A Conn.0 t 2iJ- OI'l. Cr 'f'I' , ' ttl::ii I: G:'1 `,ILE IN V213 Oiuc ; 26 r.. ...�_.. ...... ....... ............... City 28 f the City of ii :.1r:=:I;::� �4�•�, '�'�1. Deputy 29 Y 4 r • 1 r i 1 • d 7 S t a }7 i rYY a' � , r Hun ton;;Beach, Calif orn{.a, I r JJr r ti JuiarCih 1959 r .r ✓ ,. •fie , 1, ._, . � �/ r f ` AFFIDAVIT , W�*,., POSTING ITOTICBS TO VACATE ALLY ' State 'of `Calif orn :a r. C ouht y of Orange ) { Tfm. 'S. Lewis, being duly sworn deposes and says: ° That he is a now and .was 'during-_ all the . times mentioned .the . duly appointed qualified and ae.ting. Streetupernterident of the z City of Mint figton Beach, 1:n said County and State. . :{ Thatvn . the l7thk. day of February, 195�, t11e City Council of said Cit y passe,d its . Resolution of Intenti No• 1336 to vacate r alley running through Block INA" , Traci No. 5 . That after `adoption of said Reaolu"tion he pasted conopicu-� r ous] y along the: : psropez�ty de scribed in ;sa :'d He aoluti are, -dopie s of Resolution in aaaordaflce._ with Se it onF,g 0 : th:e streets, and t :. , .. 3 . Highways Code of the State o�.w California, one of which. eopiee is f: annexed hereto acid made a pr �t hereof : { xr }: That ho oom letedR. all the ostin► of said riotides on the . 4 _... `. .. ` }: 4it ,.day of March 1958s and thereafter he made . this affidavit and fired it 'with the City Clerk of the City of Hdhtington Beach, , Y:. Street perintende'rit t Subsoribed and sworn to before me thl s ._5'" 'day o March 1559, Henricksen City Clerk y +1 .j G c' 1 • i F t, Feb. �� 195� • ; ;r LEGAL DESCRIPTION FOR THE, PROPOSED VACATING OF A PUBLIC ALLEXV (b j That parcel of land 15 ' feet wide and *610. 22 feet long f t situated in Blook "All of Tract No. 528 as shown on a map M thereof recorded in Book 18 at Page 28 of Mi'aoell.aneous Mapes f Records of Orange County, Cal if cvnia, 'g.aid parcel of land being a publio . alley which runs northerly from Ifintersburg r .Y T Avenue through 'smid Blook HAu to its northerly term:tnue. L t i i { 1 r S 4r t 'r a 4 ' s i ti i f , f f If t I r 1 t 1 j i { 4 , p , REPORT AND REC01.134ENDATIONS FOR ALLEY ABAIVDOi MENT � For consideratiozl of request submitted bar Jake 5tel:rar�t 1 LOCATION •- Alley "All extends north and south between "All St and ai. Huntington Beach Blvd v.rith the boginnfilig p:jint at Winters- burg Ave , thence runing approximately 600 A north . WIDTH width of the alley is 15 ft o CONDITION •� Condition of the alley is oor , tlaoro being no ravin 'r ,. Y p � g k g }• s and little or no oil. The alley is in need of grading. PRESENT USE -• The alley is receiving very little use by theq residents of the are a. It was observo.d that there was t' a large bus parked permanently at the north entrance, , causing the tr. aff ic to detour from the alley. OBSERVATIONS -- In the opinion - ofthe Planning Technician and # Asst City Engineer, the alley is not being used by any a 4 municipal vehicle for trash or garbage collection , taut r � is presently used for utilities. The pre-sent usage of , the alley is not sufficient to warrant any major improve,• ments by the city in the f'orseeable future , x The above observations , however , do not preclude the inherent right of adjoining property ownars to insis-u on the retention of the trl.ley for public :^i ght-of•- waya .� It, is the Plann:.Wrg Technician' s oos erva ,ion that ;i:' mutual consent were reoBi •ed from all, adjoining prc►p;!ryt,y �. owners concerned . it would be advantageous from a goad planning viewpoint , for the city to abandon the alley . j It is recommended that all costa involved in relocat .rig.; the utilities be to the petitioners), in tie e verit; such a request is grcmitC c.o It is fur•t'h-Dir sv ggested , i:: { strong protests are made at a public hearing ; no action .y 5. . should be taken by thecst;y until the probl.eiii is entirely , resolved among all proparty olinjers concerned, Thy legality X � � Y of cealey abandonment without, unarirymous consent should. be refer-red to, the City At�urney for corr�nant o t, Re spe ct ful:ly Subm:i.tt vd , Clif,-'orc? 1" . Tri iv C; c;—lalanI]iY!t; T acb Conililissioa y s tr Y —- .�fi•. _ _..._..:+fir __ __i�l.�llr. L t Deco a ,1957 8031 11. 6rsburg Avbnue. MintihX on Beach,Calilf City Cotiiici , " ciet of Hunt .neon BQach Califoinim. r Gentlemen; ' Request "icy hereby made to 'your honor ' able 'body to vacate than c©main fifteen foot aide Alley,as shown on a map of Tract No. 528 recorded 111 13001". 18 �page 28 of 1dice o MAp o p records of orange Cowitye is located ©asterly -of Huziting- tczn,;n• Beach -Bl*d4 and northerly of Wintexsburg Ave'* in Block Wl `o`f said .Tract No. 528. 'whiu Alloy,as it,' existasle 'uilimproved and is used primely by the umderBi zad pstitionnera as a second`- I t � ary nano of ingress and agrees to their .ands; it t is 'unimproved and presents itsolf as a future oon-- stuction and maintenance problem to this city* Weith© undersigned sk your oonsid,eration in this matter. J 3. HART Omer of, Lots '1 p2,3: 4r51 6,79819tII : Ut1507!1902� , and 23 of Blook"A" Tr,No.528& 17 Z' I � r ILI a December 211957 8031 Wintersburg Avenue. fiaingt6n Beach,Calif* CSty Council " -�,•" City of hiaritington Beach ,•:�} " California* , 1 Gentlemen; �l 1 . Request is hereby made to your honor- able body to vacate that certain fifteen foot wide ' Alley,as shown on a map of Tract No. 528 recorded g in Book 18 Page 28 of Misce dapslrecords of Orange ? s r ' Cotuity* 'Said Alley is located easterly of Hunting- Beach Blvd* said northerly of Wintersburg f Ave. in Block "A" of said "Tract No* 528* x This Alley,as it exists,is unimproved and is used primely by the undersigned petitionners as a second- ary means of ingress and egress to their lands; it 'I ' Y is unimproved and presents itself as a future con. stuction raid maintenance problem to this city* i 4. - We,the undersigned,ask your consideration in this matter. L C ` STEWART of Lots 1 ,2,3, +,5, { 697,89901 , 1300.917,193219 ' and 2a of Block"A" Tr*No.528* ) a . ' • /�./� /y� /(may� { . J , t I l 3 a y 1 R E S` OL U T 10 N N� Oo 13 36 AXESOLUTION OP INT.ENTION ' OF THE CITY COUNCIL 1 .4111 OF FTHCITY BEACH TO VACATE A E PORTION ,1�1 �►�LE' '' IN . SAIL CITYs NOTICE OF A HEARING ON SAID VACATION. 11i�IRl+ir « WHERE .S, a petition liars been pre�sented erc 'ted in Section`8330 of the Streets and Hi#gli- .:�, '� f�Y+:' .. :i�"i,.,ta•; ' xif ;, "�-; ,{4i��. 5.`,:itt�:.. .. - r... •t` i , �• '�'"'iik'.�.+,w ..�:r ltl, .yea. Rai to the City Council of the City of Hunington ways Code of the State of Calif ornia � '" :',�'�"�.$L b. .",' -:.,�y-'�'{- '._ �'73;^ {::` tm•'�+.".�M" �i� �i',tR._ ��„�;�.. e..s' .��: t'Ks• .Y• :....:�r�,.. p�7a:' Bead. `to abandon an alley, cis hereinafter the proxceedings herein `.ya+ re taken subject to , 5:7i ,' ' t,tr p .hMr�(j`> t" . ,der{:, •",`, lE,'.. w' , r described; and y� such reservations and exceptions. /nh :,•w4fit4.AC° 4 'sM't!'�'1t C. J+." +�i�� .. =. k.,� _ `.k �;il.. •� ;. et•.? sL' 'd! "''Awr rii, • b_;.Yrro-: t• .' :.+ T: ;; • (::, RCaAw � + a. WHEREy ,A,the City'.Councii desires to va- Section 3: That notice �s hereby given ^ _. c+w7•{'..' ahv' ,i: Y .W tt.•rt�ay ry.' § yk• t eat #ne_;. ;vxW T t f„.:ate the aaid ailrey, as hereinafter described; t ' the. I7th darz(of Mcrrc�h, l $, at the hour Y �9{5 , e«r�• , :"� r.Flw F w�^ t7E�7�%.+'srur t' � • ,# �"2 : y,, 49 of 830 o clock 1' 1V,1. -in. the PGouncil Chamber NOW THEREFORE; tile City,.-„ Council of w *" " : .x,,.; ,r, ;, Y: r 4 .�..�, in the City Hall, Huntington`Beach., California, the Cit of ;Huntin to" Bddc1 ,'• California, does : � ,.:.. ;, ; : ,: ,I :,: w d t is i time "and place when,and where a pub- resolve, ' determine and declare as follows: u: . i1c , , & ;" :.. ,,., . �.�, f;� �T he ng ,s e h d; upon sa ut ari hall b eI id reso ion :-y =�� of intention to vacate said, above described Section 1 : Tthe Cit° Council of the City of Huntington Beach does hereby d`e- alley, cxt which hearing affix«persons interested r .i'?.. sx --: �. ';`, e.• ,..r. 's, rirl'hr.w.r , L` •^ ,' `' • A. 4 in or ob ectin to the ro osed -vacation may cl`are its intentions to vacate that 'certain 'al- g PF P y ley running though Block. 'A Tract No. ..528, b _ e eard. in the +City 'of Huntington Bach which arlley ,: s . 5 a. F Section 4: The City Clerk is hereby auth- is further described as follows: prized and. directed to cause a copy of this resol do of i tent ub Y i- That certarin public alley situated itx u n a sh n - t on to b ggl ea � n he 7 Huntin ton' Beach News, a newspaper, of . en- , ^4 Block :A. of Tract No. 528, running4 northerly fronn, Wintersbur Avenue rc�i circulation, printed and published in the through said Block A to the north- City of Huntington Beach,by one insertion pri- . r M . _ or to the hearin set forth in Section 3 hereof. erly terminus 'of said. alley, grid more g particularly described as. , m' . Section 5. The City Counycil 'cif the City That pdreel of land l5 feet wide "and o//f Huntington Beach `does hereby ele t to pro- 61a.22 feet long situated i i Block "A" ceed under the -provisions of the "State Vaca • of Tract No. 528, 'as shown on a flap lion Act of 1941", in the vacating of the alley thereof recorded in Book 18, `at Pcxge as above desc:�ibed. . . _:. . 28, of Misceildheous Maps, Records of Ora'rge County, California.., said par- Section 6:Y • The `Street Superintendent is hereby authorized and directed to post no- cel of land being a public alley which runs northerly from Wintersburg ,Arve- tics of street vacation as required by law. nue through said Block A to its PASSED AND ADOPTED by the City �+ northerly terrninus. Council of the City of Huntington Beach Cal- ifornia, g For further particulars reference is here- ifornia, at a regular meeting thereof held on by made to a 'map on file in the office of the the 17th day of February, 1958. City Clerk of said City. VICTOR TERRY' Section 2: The City Council does here- Mayor r '} by determine that the public convenience and ATTEST: . necessity requires the reservation of ease- JOHN L. HENRICKSEN rents and rights-of-way for structures enum- City Clerk