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HomeMy WebLinkAboutVacation of a Portion of Lot B, Tract 8040 - Harbour Point E REQUES FOR CITY COUNCI CTION ` Date October 8 1982 Submitted to: Honorable Mayor and City Council 4. GONG L Submitted by: C. W. Thompson, City Administrato Prepared b Paul E. Cook, Director of Public Pe y� Works P cL�� C, Subject: Vacation of a Portion of Lot B, Tract 8040 y Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE: State-wide Developers, Inc. has requested that the City vacate a portion of Lot B, Tract 8040 which was dedicated to the City by' la Solana Corporation . .for use only as public and navigable waterways, and for no other purpose whatsoever. . . ." RECOMMENDATION: Relinquis the City's interest in a portion of Lot B, Tract 8040 by adopting a resolution of summary vacation pursuant to Streets and Highways Code Section 8335. 'ANALYSIS: In 1974, the La Solana Corporation subdivided .lands in Huntington Harbour. The subdivision (Tract No. 8040) .included Tot B which was dedicated to the City of Huntington Beach "for_ use only as public and navigable waterways." The parcel now owned by State-wide Developers was a part of Lot B. State-wide Developers indicates that neither the City nor La Solana Corporation realized that a portion of Lot B was actually dry land. The La Solana Corpora- tion was not required to dredge the channel in the dry land area. Since the City never required the dredging of the dry land area of Tot .B, and has no future plans to do .so, the present owner has requested that the City vacate its easement. The City Attorney feels that the City has no fee interest in the parcel. The land will be returned to the underlying property owner who intends to develop the parcel. As a condition of de- velopment .the builder will be required to agree to a pierhead line and dredge the channel to proper depth. The Planning Commission found the vacation in -conformance-with the General Plan at their October 19, 1982 meeting. FUNDING SOURCE: The applicant has reimbursed the City for their costs for processing this application in the amount.of $5,280.00. ALTERNATIVE: Deny the vacation and. retain the parcel as a waterway easement. ATTACHMENTS: -Letter from Ball, Hunt, Hart, Brown and Baerwitz of July 16, 1982 w/o exhibits Memorandum from City Attorney of August 31, 1982 -Resolution of Summary Vacation CWT:PEC:LE:Jy PIO 4/81 LAW .OI FICES Ball, Hunt, Flart, E3rown and Baerwitz L'F(r'" /f L. w .GELES nFFICE / ,�\_ - A PARTNERSHIP INCLUDING PI:OF ESSIONAL CORPORATIONS f1EVERLY IIILLS JF(f: 445 SO:-rN 11GUL.-.]A STNEE7 120 LINDEN AVENUE Aso NORTH Ro�.suPi L:..:E L05 ANI•EL'.n•ICALIFONNIA 90071 (213) 02a-092a LONG ©EACH, CALIFORNIA 90801 DEVERLY NILLSI CALIFORNIA (213) 27e-198 0 . sozlo (213) 435-5631 CAOLE:JADALLAW 1900 EAST OCEAN ❑0ULEVAR0 TELEX:6F38-442 - ' MAIN FLOOR TELECOPIER: :213) 437-3760 LONG ©EACN,CALIF0PM1A 601302 (2131 437-7A86 July 16 , 1982 Robert Sangster, Deputy City Attorney CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, California 92648 Re: Harbour Point Estates Dear Mr. Sangster This letter relates to .the request for .vacation by the City of Huntington Beach of that certain parcel of land, above mean high tide , that is outlined in red on th- enginee:c' s drawing attached hereto as Exhibit 1. This area was originally tidelands of the State of California. (See exerpt from U. S . Coast Surve_, "Nea River to Bolsas .Creek" map , .1875 , attached as E::hib-L 2 . ) The area was patented to R. J. Northram in 1902 by the State of California. (Patent, Lxhibit 3 . ) In 1903 the southwest boundary line of the subject property was established, it being a portion of a long boundary of land convoyed wit1hin this area. In 19'14 Block 210 %aas created to the southwest of this houndarry 11J ne by Tract No. 21, "The First Addition to Sunset Beach . " (See Tract No. 21 map, Exhibit 4 . ) The Tract No. 21 boundary cut off the subject parcel, which lay northeast of the Tract No. 21 boundary, and wa.s surrounded by v;ater. Tine condition of this area is shown by the 1927 aerial. graph, attached as Exhibit 5 . Its more recent condition is shown by the 197.7 aerial photograph, Exhibit 6 . I Robert Sangster, Deputy City Attorney July 16 , 1982 CITY OF HUNTINGTON BEACH Page 2 In 1961 the State of California entered into a settlement agreement with Huntington Harbour people regarding the location and disposition of certain submerged lands claimed by the State not to have passed into private owner- ship by .virtue of the 1902 State patent. As a part of that agreement, the State acquired fee title to a 200 foot wide channel area, .the southerly corner of which terminated on the northerly boundary of the subject property and the northerly extension of the southwesterly boundary of the sub,ject property. (See drawings, Exhibits 7 and 8 , and deed, Exhibit 9 . ) In 1974 the La Solana Corporation subdivided an area including the subject property. (See exerpts from Tract No. 8040 , Exhibit 10 . ) Lot B of Tract No. 8040 included the subject dry land, but did not identify it as dry land. Lot B was bounded on the north by the State' s 200 foot wide channel , and on the southwest by lot 11 and a portion of lot 10 of Block 210 of Tract No. 21. Lot B was dedicated to the City of Huntington Beach "for use only as. public and navigable waterways , and for no other purpose and use whatsoever. " (See title sheet exerpted from Tract No. 8040 , Exhibit 10 . ) We have obtained a title report regarding oT:;nership of Lot B which showed it to be owned by the La Solaria Corporation in fee, subject to the dedication to the Cit-v of Huntington Beach. (Title Report, Exhibit 11 . ) We have acquired a deed to the subject dry land portion of Lot B from the La Solana Corporation, the under- lying fee owner. (Deed, Exhibit 12 . ) Vc2 no1.7 request that the City of Huntington Beach vacate the dedication to use for public and r)avicjable :aziLer- ways of only the dry land portion of Lot B , which is a relatively small portion of Lot B. In our previous. contact (over the last two years) with the representatives .of the City of: Iluntingt-or, Beach , �,.e were consistently advised that the City would look witch favor on vacating this dedication, as it would put this .. parcel back on the, tax rolls. Neither the La Solana f Robert Sangster, Deputy City Attorney July 16 , 1982 . CITY OF IiUNTINGTON BEACH Page 3 Corporation nor the City of Huntington Beach appears to have realized -that this portion of Lob B, dedicated for use only as public and navigable waterways , was in fact dry land. The City of Huntington- Beach has no plans to dredge out this area, as it does not block or affect navigation in the channel that separates it from Tract 8040 . The City of Huntington Beach is not using the subject land for the purpose of public and navigable waterways . 1•7e believe , and ask your concurrence , that the sole step remaining is the vacation by Huntington Beach of the dedication of the subject area. This is not a step for which Huntington Beach may request payment. It is the same as vacating the dedication of a street.. As we have a deed from the former fee owner, La Solana Corporation, and as Lot B was not included in "the Coral .Cay subdivision (see Declaration, Exhibit 13 , which does not include Lot B) , our request should .be favorably acted upon by the City of Huntington Beach. Should you wish to discuss this matter, I am available at any time. Very truly yours , BALL, HUNT, HART, BROWN AND BAIJRI.7I`1^ enneth K. I,. 1liams �tiJ kd / Enc. cc: Jim Hibbard, H.h. ; Dept. of Pub. Wks. Statewide Developers I �WIAI .,I Lea/rLi✓ ���:4 L0.' I B 78 5 3 ',s��Lor '�`_J A _3 Flo : i2 O 65 I N i/O'ORAIN.ESM'T `5 ,6 z ��NB 5829,or 5 - a - - -- - jo J I I � 13 14 15 16 �� �' 3O 44 45 s is. BLK. 2/013' \ OR/VE ° o � s � 2 . Za. 30 3. 62 43 0 h 46 1 93 3/ a 7/ i POR. LOT l 8 /3 Q24. 23 22 �6 / BLK. 2/6 42 47 Lc) E56 /o // s 8 /272 7 -• 41— — — a 48 ,a 15 67 68 s 55 CHANNEL - -,-. . BLK 2/2 - - - - - - ALL 3EY /O 2 -/ 2 f - Tq - 17T /8 l9 20 21 -'' - , __ 9` / _ -- - , NO. 2/ K, 35 �/2 36; 37 30 PC i/ HIGHWAY � 536 53 538 90 4P 35` O 9� 35' 9J' (\�\9c O j5 I ! I J 9iF s� I /O 9 15 S /T 9 16 21 go ' = FRO✓ 18 434 lv /2 W j _ B ' l7 "-- 0a 3 13. 1.3 3 90 a 3 13 ! - - - T - i F• 2za / 22 m� 5 / 12 .� 3- 4 4 IA q0 q e .4 20 9p. 2.66 Al.. (A 6 5 •l 3 2 I 6 5 3 / , �. 1 ! �, oolo II ° o07 @)09 II o 000clo II oo /-0 E'EA H �' ao" 3s' 40 3c' n e ' 35 536 537 538 AVENUE 3M/. MIL r1071 nSSESSOR S hLGC.K ASS �SF;:4 S M1,,;P PARCEL NUMBERS BOOK 178 PAGE 53 _ SHOWN iP., CIRCLES COUNT' OF ORA IC( .F :L.va Al! f AL; 'E' LL j y LJ Y/ V �I U I � �.� ��. \f ll`� `!\�f!'��`\./�,'��qy z/`'�(\ y �' / \,�/�` t'�r j� 1,\`1_\ \1_ ��. `l.'i l its LLJ sy Q) �11 o -V - LL, 0 LL. LLJ J. > CITY OF dWHTdNGT0H BEACH INTER-DEPARTMEN F COMMUNICATION HUNTINGTON BEACH PAUL COOK GAIL HUTTON To Director of Public Works From City Attorney Subject LOT B, TRACT 8040 , Date 31 August 1982 HARBOUR POINT ESTATES The developer has requested the city vacate an easement dedicated in Tract Map 8040 . in 1974 for use of one of the enumerated lots "for ..use only as public and navigable waterways , and for no other purpose whatsoever . " Their attorney indicates that a portion of Lot B was and is dry land, and that the city has no plans to dredge out this area. The request is apparently to vacate the dedication of Lot B, except for any portion below the line of natural ordinary high tide . Public Works favors relinquishment, but is not certain if vacation is the proper action. Streets & Highways Code §§8300 , et s'eq. , revised in 1980 , provLdes for the vacation of public service easements , including pathways , canals, and other limited use public easements . Summary vacation is permitted where, as in the present case , the easement has not been used for its purpose for five (5) years . (Streets & Highways Code §8333 . ) The Public Works Department is concerned whether the interest of the city is a fee , rather than an easement, because , if so, the property would have to be sold as surplus . The language of the dedication . -could be interpreted as either an easement or a fee . The intention of the parties governs in such a situation . (Witkin., Summary of California Law, 8th Ed. , page 2044 . ) A review of the circumstances suggests tiaL the language does not merely declare the purposes of the grant, but limits the estate conveyed to use as a waterway . It may reasonably be construed as an easement. (See Parks_ v. G_a_te_s_ (1921) 186 C. 151 , 199 P. 40 , and '89 ALR 3d 767 , 772.) Accordingly, we have prepared' a resolution of' summary vacation pursuant to Streets &Highways Code §8335 . 7. GAIL HUTTON City Attorney GH:RCS : lm cc : James Palin, Director of Development Services CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK November 16, 1982 Lee A. Branch, Recorder County of Orange P. 0. Box 238 Santa Ana, CA. 92702 Enclosed please find Resolution No. 5184 to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P. 0. Box 190, Huntington Beach, California 92648. Enclosed is a copy of said resolution. Please return the conformed copy - document number, recording date, book and page number. Alicia M. Wentworth City Clerk AMID:bt Enclosures CC: Les Evans, Department of Public Works (Telephone: 714.536.5227)