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Home My WebLink AboutVacation of Excess Water Line Easement at 7887 Center Avenue City of Huntington Beach 2000 Main Street v Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC e ® JOAN L. FLYNN CITY CLERK March 9, 10 To whom it may concern: The City Council of the City of Huntington Beach at the regular.meeting held on February 16, 2010 adopted Resolution No. 2010-08— `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 19101 Magnolia Street,"and Resolution No. 2010-09— 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 7887 Center Avenue." Enclosed are copies of Resolution No. 2010-08 and 2010-09 for your information and uses an L. Flynn, YCMC +-A) City Clerk JF:pe Enclosures Copies to: RDMD Geomatics O C Water District O C Assessor's 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: Transportation Dist. 12-Maintenance Div Transportation Dist.7-Traffic Division Hopkins/Wagner 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 Emerg Svc Coordinator(Fire) Planning-Hess GIS/ROW Maintenance GIS/Leslie Edwards GIS/Tom Nuwey g:/followup/vac ltrs Sister Cities: Anjo, Japan a Waitakere, New Zealand (Telephone: 714-536-5227) PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: Recorded in Official Records, OTom DalY, Clerk-Recorder range County AND WHEN RECORDED MAIL TO: NO FEE 201000009240010.37 am 02/26/10 City of Huntington Beach 62 413 R28 7 Attn: Joan L. Flynn 0.00 0.00 0.00 0.00 18.00 0.00 0.00 0.00 City Clerks Office P. 0. Box 190 Huntington Beach, CA 92648 - - - -- - THIS SPACE.FOR RECORDER'S USE ONLY TITLE OF DOCUMENT: f RESOLUTION NUMBER 2010-09 Thin d anent is sdeiy for the OMCW buanwa of the City of iun Bench,as contemplated LnXjw Gov=vnent Code Sec.6103" ChoWd b 9 recorded grew ofd%HVG. THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) RESOLUTION NO. 2010-09 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 7887 CENTER AVENUE WHEREAS, the City Council of the City of Huntington Beach wishes to summarily vacate an easement for water line purposes located at 7887 Center Avenue, 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 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 7887 Center Avenue and more particularly described on Exhibits A and B attached and incorporated herein by this reference, 1 The City Council does hereby confirm that the easement herein vacated is excess and encroaches into the recently developed improvements 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 held thereof on the pith -day of February 2010. I M or REVIE D APPROVED INITIATED AND APPROVED: 17 _Ad —-—-—-------- C i i' strator Director of Public Works APPROVED AS TO FORM: L City Attorney 43-1�kv 08-1-148,001 1 4 7 () / ac �, Resolution No. 2010-09 PAGE I OF 2 EXHIBIT "A" WATERLINE EASEMENT BEING ABANDONED BEING A PORTION OF WATERLINE EASEMENT DEDICATED TO THE CITY OF HUNTINGTON BEACH ON PARCEL MAP NO. 79-585 RECORDED IN BOOK 144 PAGES 31 THROUGH 33 INCLUSIVE, OF PARCEL MAPS, RECORDS OF ORANGE COUNTY RECORDER, ALSO SAID PORTION OF WATERLINE EASEMENT SHOWN ON PARCEL MAP 2003-240 RECORDED IN BOOK 344, PAGES 18 THROUGH 20, INCLUSIVE OF PARCEL MAPS, RECORDS OF ORANGE COUNTY RECORDER, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EASTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN ON SAID PARCEL MAP 2003-240 AS "NORTH 89°34'42" WEST 262.47 FEET"; THENCE ALONG SAID COURSE, NORTH 89°34'42" WEST 15.87 FEET TO THE CENTERLINE OF SAID EASEMENT, THENCE ALONG THE CENTERLINES OF SAID EASEMENT, THE FOLLOWING TWO COURSES: I. NORTH 0027'44" EAST 82.10 FEET; 2. SOUTH 89°32'16"EAST 34.60 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 1°20'30" EAST 5.00 FEET TO THE BOUNDARY LINE OF SAID EASEMENT; THENCE ALONG THE BOUNDARY LINES OF SAID EASEMENT THE FOLLOWING THREE COURSES: 1. SOUTH 89°32'16" EAST 11.24 FEET; 2. NORTH 0027'44" EAST 10.00 FEET; 3. NORTH 89°32'16" WEST 11.55 FEET; THENCE SOUTH 1°20'30" EAST 5.00 FEET TO THE TRUE POINT OF BEGINNING. THE PARCEL OF LAND DESCRIBED ABOVE CONTAINS 11.4 SQUARE FEET, MORE OR LESS. c d OF 4 Resolution No. 2010-09 PAGE 2 OF 2 EXHIBIT 66 99 WATERLINE EASEMENT BEING ABANDONED SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS-OF-WAY, AND EASEMENTS OF RECORD, IF ANY. SEE EXHIBIT"B"ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. THIS DOCUMENT WAS PREPARED BY ME OR UNDER MY DIRECTION. KRIS R. WINCHAK, L.S. DATE LICENSE 4 LS6240 Kids R. � INCHAiC No. LS6240 Exp. ��OF CAM F0 Resolution No. 2010-09 ®� ow AMBIT13 PAGE 1 OF 2 J U a U1 u, NO SCALE o ov � ' i I �1 SEE DETAIL II+ a r'` P:,,F 2.` 00 In /l IX ON o \ i\ lYn y ry p 2 w fa J I J ^v -o x � Uj w � r KRIS R. a { Y III" 1AK � in N •\ .� No. LS6240 ii Exp. a � \ 6 U DATE PREPARED: WATERLINE EASEMENTLn DATE: 9/28/06 ca BEING ABANDONED o CC E N G I N E E R I N G IN THE CITY OF HUNTINGTON BEACH, CA pF OF t a u Resolution No. 2010-09 " AGE 2 NOIBIT Baw EXri rL C) 20' LLA 2=4-2-DD7 PCL 2 C> C A INDICATES WATERLINE EASEMENT DEDICATED TO THE CITY OF L6 L5 HUNTINGTON BEACH AS SHOWN ON (589'32'1 61'E)l PARCEL MIAP NO. 79-585 RECORDED 34.6 L4 IN BOOK 144 PAGES 31-33 INCLUSIVE, 0' L3 ORANGE COUNTY RECORDS, L2 c� LINE TABLE LINE LENGTH BEARING L1 (15.87) (N8934'42"% 00 L2 5.00 S01'20'30"E L3 11.24 (S89*32'16"E) —A� L4 (10,00) (N00-27'44"E) LU L5 11,55 (N89:32'16"1N L6 5.00 S01*20'30"E o LAND ABBREMATIONS 0 P.O.C. POINT OF COMMENCEMENT KRIS R. WINCHAK T.P.0.13. TRUE POINT OF BEGINNING a- No. LS INDICATES RECORD DATA PER PM 2003-240 PMB t 344/18-20 RECORDS ORANGE e� Ll COUNTY. EASEMENT ABANDONMENT SQ. FT. L co DATE PREPARED: WATERLINE EASEMENT 40.<2V43 DATE: 10/30/07 141 BEING ABANDONED Ack I N, .27. IN THE CITY OF H UNTIN TN GO BEACH, CA c I\j\V NC 6 Res. No. 2010-09 STATE OF CALIFORNIA COUNTY OF ORANGE ss- CITY OF HUNTINGTON BEACH 1, 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 February 16, 2010 by the following vote: AYES: Carchio, Coerper,Hardy, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: None ABSTAIN: None city" ,Q- lerk and ex-officio rk of the City Council of the City of The joregoing in Ont Is 1a Onvd Huntington Beach, California COX gt the o4lgirml on me in this WOO* Attest 20� 4:- c: ' of the C C" iWd---N-off160 C1 co n I thq City ol "untington Beach. C By Puty A n'CA Council/Agency Meeting Held: Deferred/Continued to: App ve ❑ Conditionally Approved ❑ Denied ��City erk s AignatuV Council Meeting Date: 2/16/2010 Department ID Number: PW10-003 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY CO IL MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINIST PREPARED BY: TRAVIS K. HOPKINS, PE, DIRECT0 F PUBLIC ORKS SUBJECT: Adopt Resolution for Summary Vacation of Excess Water Line Easement at 7887 Center Avenue Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The Public Works Department requests the City Council adopt a resolution ordering the summary vacation of an excess water line easement at 7887 Center 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. Funding Source: No funding required for this action. Recommended Action: Motion to: 1. Adopt Resolution No. 2010-09 a resolution of the City Council of the City of Huntington Beach ordering the summary vacation of a water line easement at 7887 Center Avenue; and 2. 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 CITY COUNCIL ACTION MEETING DATE: 2/16/2010 DEPARTMENT ID NUMBER: PW10-003 Analysis: The property at 7887 Center Avenue, 24 Hour Fitness, 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 No. 79-585 Recorded in Book 144 Pages 31 through 33 of Parcel Maps, records of Orange County Recorders Office. The property also is described as Parcel 2 of Lot Line Adjustment No. 2006-007 per Instrument No. 2006000628633 of Official Records of Orange County Recorder. This easement is for the public water line system that serves the property at 7887 Center Avenue and the surrounding developments. With the development of the property for 24 Hour Fitness per CUP No. 05-15, a public fire hydrant was relocated and a portion of the existing water line was abandoned to accommodate construction on the property. As a result of the public water line abandonment, a portion of the water line easement that extends into the constructed facilities must be vacated. Upon vacation of the easement, the right to the underlying land reverts back to the fee owner: of the property. The vacation of a 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. Strategic Plan Goal: Maintain, improve and obtain funding for public improvements. 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): MIS I . 7aWater 1. Resolution of the City Coue City of Huntington Beach Orderingthe Summary Vacation o Line Easement at 7887 Center Avenue. -2- 1/28/2010 10:41 AM ATTACHMENT # 1 RESOLUTION NO, 2010-09 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 7887 CENTER AVENUE WHEREAS, the City Council of the City of Huntington Beach wishes to summarily vacate an easement for water line purposes located at 7887 Center Avenue, 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 8')3-3). 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 7887 Center 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 is excess and encroaches into the recently developed improvements 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 held thereof on the 16th day of February 2010. P, M4 REVIE 1' D APPROVED INITIATED AND APPROVED: CitY, d strator Director of Public Works APPROVED AS TO FORM: -q "ity, Attorney kv -1c 08-1 44S,00 L 42 780 Resolution No. 2010-09 PAGE 1 OF 2 EXHIBIT " 99 WATERLINE EASEMENT BEING ABANDONED BEING A PORTION OF WATERLINE EASEMENT DEDICATED TO THE CITY OF HUNTINGTON BEACH ON PARCEL MAP NO. 79-585 RECORDED IN BOOK 144 PAGES 31 THROUGH 33 INCLUSIVE, OF PARCEL MAPS, RECORDS OF ORANGE COUNTY RECORDER, ALSO SAID PORTION OF WATERLINE EASEMENT SHOWN ON PARCEL MAP 2003-240 RECORDED IN BOOK 344, PAGES 18 THROUGH 20, INCLUSIVE OF PARCEL MAPS, RECORDS OF ORANGE COUNTY RECORDER, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EASTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN ON SAID PARCEL MAP 2003-240 AS "NORTH 89034'42" WEST 262.47 FEET'% THENCE .ALONG SAID COURSE, NORTH 89034'42" WEST 15.87 FEET TO THE CENTERLINE OF SAID EASEMENT, THENCE ALONG THE CENTERLINES OF SAID EASEMENT, THE FOLLOWING TWO COURSES: I. NORTH 0027'44" EAST 82.10 FEET; 2. SOUTH 89032'16" EAST 34.60 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 1°20'30" EAST 5.00 FEET TO THE BOUNDARY LINE OF SAID EASEMENT; THENCE ALONG THE BOUNDARY LIMES OF SAID EASEMENT THE FOLLOWING THREE COURSES: I. SOUTH 89"32'16" EAST 11.24 FEET; 2. NORTH 0027'44" EAST 10.00 FEET; 3. NORTH 89032'16" WEST 11.55 FEET; THENCE SOUTH 1°20'30" EAST 5.00 FEET TO THE TRUE POINT OF BEGINNING. THE PARCEL OF LAND DESCRIBED ABOVE CONTAINS 114 SQUARE FEET, MORE OR LESS. Resolution No. 2010-09 PAGE 2 OF 2 EXHIBIT "'A" WATERLINE EASEMENT BEING ABANDONED SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS-OF-WAY,AND EASEMENTS OF RECORD, IF ANY. SEE EXHIBIT"B"ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. THIS DOCUMENT WAS PREPARED BY ME OR UNDER MY DIRECTION. 0�"f-' _ 1 .. .. KRIS R. WINCHAK, L.S. DATE LICENSE# LS6240 KRIS R. .�. - WINCHAK No. LS6240 Exp. .M' lit �p�OF CA %f�� Resolution No. 2010-09 PAGE I OF 2 U I a ® i NO SCALE al `I C a N / PC-' A 11I 1IL, :ADO f) J8:2�3- c U ` l C SEE DEI;Al ON PAGE 2co - 4 / 1 Lars 20D8—!D ^� \ Uj ate. x l C"�� A � � I w \ w $• ,y" KRIS R. 0 INCt-VA Y No. LS6240 iL Exp. N '\ PC v o DATE PREPARED: WATERLINE EASEMENT u DATE: 9/28/06 BEING ABAN€ ONE � 0 c 31- rn Ac = E N G I N E E R I N G IN THE CITY OF HUNTINGTON BEACH, CA �Jq� 14�� o OF G s� r-; Resolution No. 2010-09 EXHIBIT ""B"' AGE 2bF,2 < CD 20' LLB 2=8-= PtL 2 Z� INDICATES WATERLINE EASEMENT Lei DEDICATED TO THE CITY OF L5 HUNTINGTON BEACH AS SHOWN ON {889,32'! 6" PARCEL MAP NO. 79-585 RECORDED 'q L4 IN BOOK 144 PAGES 31-33 INCLUSIVE, 34.60 L ORANGE COUNTY RECORDS. L2 QY LINE TABLE LINE LENGTH BEARING 0 W L1 (15.87) 89*34'421U 00 L2 5.00 S0I'20'30"E L3 11.24 (S89-32'16"E) Uj L4 (10,00) (N00-27'44"E) LU L5 11.55 (N89-32'1 6"W) L6 5.00 S01*20'30"E aABBREVIA11ONS 0 P.O.C. POINT OF COMMENCEMENT 6 R1 R. C5 T.P.O.B. TRUE POINT OF BEGINNING INCHAK No. Q: INDICATES RECORD DATA PER L2 PM 2003-240 PMB Exp. 344/18-20 RECORDS ORANGE L1 COUNTY. EASEMENT ABANDONMENT ARE gjSQ. F1 (+ C4 DATE PREPARED: WATERLINE EASEMENT DATE: 10/30/07 BEING ABANDONED &CNC IN THE CITY OF HUNTINGTON BEACH, V rp AV r Res. No. 2010-09 STATE OF CALIFORNIA COUNTY OF ORANGE ss: CITY OF HUNTINGTON BEACH 1, 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 February 16, 2010 by the following vote: AYES: Carchio, Coerper,Hardy, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: None ABSTAIN: None ,�C i t,/' Clerk and ex-officio 0, rk of the City Council of the City of Huntington Beach, California RCA ROUTING SHEET INITIATING DEPARTMENT: Public works SUBJECT: Summary Vacation of Excess Water Line Easement at 7887 Center Avenue COUNCIL MEETING DATE: February 16, 2010 RCA ATTACHMENT STATUS sw Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not A plicable Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not A plicable Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorne ) 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 Ap licable Commission, Board or Committee Report (if applicable) Attached ❑ Not Ap licable Findings/Conditions for Approval and/or Denial Attached ❑ Not A licable EXPLANATION FOR MISSING ATTACHIVIENTS f REV IEViI ��I� RETURNED FOP, �E®` Administrative Staff ) Deputy City Administrator (Ini ial) -I ( ) City Administrator (Initial) City Clerk EXPLANATION FOR RETURN TEM: RCA Author: Duncan Lee