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HomeMy WebLinkAboutVacation of frontage road along southeast corner of Beach Bo This Document was electronically recorded by PLEASE COMPLETE THIS INFORMATION City of Huntington Beach RECORDING REQUESTED BY: Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder City of Huntington Beach I I II011181111111111 lolllllllllllllll IIIIIII 1111119 NO FEE Attn: Joan L. Flynn 2010000572812 12:24pm 10/29/10 AND WHEN RECORDED MAIL TO: 217 405 R28 13 0.00 0.00 0.00.0.00 36.00 0.00 0.00 0.00 City Clerk ' s Office P. 0. Box 190 Huntington Beach, CA 92648 THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT: RESOLUTION NUMBER 2010-78 Th's d=jment is solely for the�fcia! of the CRY of Hun as con t Code se,_0103 be THIS PAGEADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording lee applies) RESOLUTION NO. 2010-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE VACATION OF THE PUBLIC FRONTAGE ROAD AT THE SOUTHEAST CORNER OF BEACH AND ATLANTA WHEREAS, on August 16, 2010, the City Council of the City of Huntington Beach adopted Resolution No. 2010-58 declaring its intention to vacate the public frontage road at the southeast corner of Beach and Atlanta, and referring to maps and plans on file in the office of the City Clerk for particulars as to the proposed vacation; and Said resolution fixed the time and place of October 18, 2010, at the hour of 6:00 P.M., or as soon thereafter as the matter could be heard, in the Council Chambers in the Civic Center, for hearing all persons interested in or objecting to the proposed vacation, which time was not less than fifteen (15) days from the passage of this resolution. Notices of vacation were posted conspicuously along the easement section proposed for vacation, and such notices were posted not more than three hundred (300)feet apart and at least three (3)were posted. On October 18, 2010 at the hour of 6:00 P.M., in the. Council Chambers in the Civic Center, the City Council of the City of Huntington Beach did.convene for the purpose of hearing all persons interested in or objecting to the proposed vacation, at which time no acceptable objection was made to said vacation, and evidence was presented showing that said public frontage road is not necessary for present or prospective public uses and its not suitable for use or development as bicycle paths or routes. NOW, THEREFORE, the City Council of the City of Huntington Beach, pursuant to Division 9, Part 3, Chapter 3 of the California Streets and Highways Code, commencing with Section 8320, does resolve that the public frontage road at the southeast corner of Beach and Atlanta is not necessary for present or prospective public use, and is not suitable for use or development as bicycle paths or routes, and it is hereby ORDERED that the public frontage road at the southeast corner of Beach and Atlanta is hereby vacated; and that the section so vacated is more particularly described and depicted on Exhibits A and B attached hereto and incorporated by this reference. 07-1130.003/53166 1 vacate Resolution No.2010-78 The City hereby reserves and excepts from the vacation a permanent easement and right at any time or from time to time, to construct, maintain, operate, replace, remove, and/or renew water lines, and for the transportation or distribution of water including access to and from the property for said purpose, all as more particularly described and depicted on Exhibits C and D attached hereto and incorporated by this reference.. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the 18th day of October , 2010. Ma r INITIATED AND PROVED: REV WD AND APPROVED irector of Pu li Works CM Administrator APPROVED AS TO FORM: City Xtto6ey 07-1130.003/53166 2 vacate Resolution No.2010-78 Exhibit A SHEET 1 OF 1 - THOSE CERTAIN LANDS LOCATED IN THE NORTH 1548.22 FEET, OF THE WEST 489.55 FEET,OF THE NORTHWEST QUARTER OF SECTION 13,TOWNSHIP 6 SOUTH, RANGE 11 WEST, IN THE RANCHO LAS BOLSAS, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA,AS SHOWN ON THE MAP FILED 1N BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, SAID LANDS ALSO BEING A PORTION OF PARCEL 1 OF STATE HIGHWAY RELINQUISHMENT NUMBER 632, RECORDED FEBRUARY 26, 1968, IN BOOK 8526, PAGE 461 OF OFFICIAL RECORDS,AS SHOWN ON THE MAP RECORDED IN BOOK 5,PAGES 45 AND 46 OF STATE HIGHWAY MAPS,ALL OF WHICH ARE LOCATED IN RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 2, AS SHOWN ON PARCEL MAP 84-590, FILED IN BOOK 202, PAGES 48 THROUGH 50 INCLUSIVE OF PARCEL MAPS; IN SAID RECORDS OF SAID COUNTY; THENCE EASTERLY ALONG THE NORTHERLY LINE OF PARCEL 1, OF SAID PARCEL MAP 84-580, NORTH 89037'06" EAST, 89.21 FEET, TO THE INTERSECTION OF SAID NORTH LINE WITH THE EAST LINE OF SAID PARCEL 1 OF STATE HIGHWAY RELINQUISHMENT NUMBER 632, RECORDED FEBRUARY 26, 1968, IN BOOK 8526, PAGE 461 OF OFFICIAL RECORDS; THENCE NORTHERLY ALONG SAID EAST LINE, NORTH 09050'39"WEST, 133.85 FEET, TO THE BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 1000.00 FEET;, THENCE CONTINUING NORTHERLY ALONG SAID EASTERLY LINE,THROUGH A CENTRAL ANGLE OF 9'1025",AN ARC DISTANCE OF 160.11 FEET; THENCE CONTINUING NORTHERLY ALONG SAID EASTERLY LINE, NORTH 00°40'14"WEST, 730.41 FEET, TO A LINE PARALLEL WITH AND 50.00 FEET SOUTHERLY OF THE NORTH LINE OF SAID SECTION 13; THENCE WESTERLY ALONG SAID PARALLEL LINE, SOUTH 89037'06"WEST, 88.00 FEET TO THE EAST LINE, OF SAID PARCEL 2, OF SAID PARCEL MAP 84-580; - THENCE SOUTHERLY ALONG SAID EASTERLY LINE, OF SAID PARCEL 2, SOUTH 00°40'14" EAST, 818.16 FEET; THENCE CONTINUING SOUTHERLY ALONG SAID EASTERLY LINE, OF SAID PARCEL 2, SOUTH 09°50'39" EAST, 206.45 FEET TO THE POINT OF BEGINNING. CONTAINING 90,340 SQUARE FEET MORE OR LESS(2.07 ACRES). SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS-OF-WAYS AND EASEMENTS OF RECORD. EXHIBIT"B" ATTACHED AND THIS REFERENCE MADE APART HEREOF. �o �AND � _ `Z` L U 0 EXP. 12-31-11 At sY JOSEPH G.DERLETH sr9 LS. 7340 PLS 7340, EXPIRES 12/31/11 tF OF CAA-\Foc� Legal Description BEACH BOULEVARD FRONTAGE ROAD VACATION AREA FROM 50' SOUTH OF TO 1072' SOUTH OF ATLANTA AVE Peg CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Resolution_No.2010-78 NW'LY COR SEC 13 N'LY LINE SEC 13 T6S, R11 W, SBM T6S, R11 W, SBM - - PER PM 94-590 (N89'37'06"E) _ _ --- ATLANTA AVE _ 7� 30' S 5'0' 1 ( - -- - - -- - - -- -- i-- -- -- - PARCEL 2, PM 84-590, + 8' 202/48-50 PM 8 j 44 4u . ._. £ W'LY LINE SEC 13� 1 T6S, R11 W, SBM I I I m= -110' A )= RECORD PER PARCEL MAP z I 8 84-590, FILED IN BOOK 202, PAGES 48 THROUGH 50 PARCEL 2, PM 84-590, —;- INCLUSIVE OF PARCEL MAPS 202/48-50 PM I ®_PORTION OF STATE HIGHWAY I RELINQUISHMENT NUMBER 632, 4---110 RECORDED 2/26/68, IN 8526/461 I O.R., ALSO BEING A PORTION OF Z I PARCEL 1, STATE HIGHWAY MAP o I BOOK 5, PAGES 45 AND 46. o 1 90,340 SQ FT; (2.07 ACRES) I � I ci 1 I EXHIBIT 13 PARCEL 2, PM 84-590, -�- :_: 202/48-50 PM g'--I SHEET 1 OF I I $ _GRAPHIC SCALE ----'- — — 1 1 inch =150 ft. I N'LY LINE i50 I 0 's 150 I PARCEL 1 I PM 84-590 I 202/48-50 PM ( IN FEET EXHIBIT B BEACH BOULEVARD FRONTAGE ROAD VACATION AREA c FROM 50' SOUTH OF TO 1072' SOUTH OF ATLANTA AVE 0 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Resolution No.2010-78 ATLANTA AVE � GRAPHIC SCALE (N89'37'06"E) }--22' 1 inch =50 ft 50 0 25 50 NW'LY COR SEC 13 T6S, R11 W, S8M 1 0 8' PER PM 84-590 0 0 ( IN FEET ) ( ) = RECORD PER PARCEL MAP 84-590, FILED IN BOOK 202, -; r PAGES 48 THROUGH 50ri N E LY LINE, PARCEL 1 INCLUSIVE OF PARCEL MAPS. oo PER STATE HWY MAP BOOK 5, PAGES 41 {{ )) = RECORD PER STATE I rn AND 42. HIGHWAY MAP FILED IN BOOK - 5, PAGES 45 AND 46. 8' 22 ®= PORTION OF STATE HIGHWAY o RELINQUISHMENT NUMBER 632, RECORDED 2/26/68, IN - 8526/461 O.R., ALSO BEING A EXHIBff PORTION OF PARCEL 1, STATE HIGHWAY MAP BOOK 5. SHEET 2 OF 8 � l - I LINE TABLE: L1= N89'37'06"E, 89.21' L2= N00'40'14"W, 730.41' C PARCEL 2, �p PM 84-590, rn IOU Z 202/48-50 PM o < > c{ coo Z 6"',i 8 C�(� c I-W'LY LINE SEC 13 rn v Z T6S, R11 W, SBM -� 0 W NE COR PARCEL POINT OF I r- - - 1, PM 84-590, BEGINNING, SE 202/48-50 PM COR PARCEL 2, 8 - m o PM 84-590, -4 `� 202/48-50 PM - 8' - (88.00') (54.91') L1 N'LY LINE PARCEL 1 PM 84-590 (N89'37'06"E, 489.56') EXHIBIT B BEACH BOULEVARD FRONTAGE ROAD VACATION AREA FROM 50' SOUTH OF TO 1072' SOUTH OF ATLANTA AVE a CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Resolution No.2010-78 GRAPHIC SCALE 1 1 inch =50 ft N'LY LINE SEC 13 5o 0 25 50 T6S, R11W, S.B.M. — ATLANTA AVEIN t , ) (N89*37'06"E) _ NW'LY COR SEC 13 30' T6S, R11 W, SBM 50' 50' PER PM 84-590 L3 ( ) = RECORD PER PARCEL MAP 441'4u 84-590, FILED IN BOOK 202, PAGES 48 THROUGH 50 INCLUSIVE OF PARCEL MAPS. 8' 8' 22, PARCEL 2, zo PM 84-590, o 202/48-50 PM { o = PORTION OF STATE HIGHWAY o RELINQUISHMENT NUMBER , EXHIBIT 632, RECORDED 2/26/68, IN Q SHEET 3 OF 3 8526/461 O.R., ALSO BEING G' A PORTION OF PARCEL 1, STATE HIGHWAY MAP BOOK - 5, PAGES 45 AND 46. 00 LINE TABLE: L3= S89'37'06"W, 88.00' C W'LY LINE SEC 13 f E'LY LINE, PARCEL 1 z T6S, R11 W, SBM PER STATE HWY MAP o BOOK 5, PAGES 41 o PARCEL 2, AND 42. P I � 4 PM 84-590, z 202/48-50 PM m 0 �22' rT7 o 60 z ® 01 EXHIBIT B BEACH BOULEVARD FRONTAGE ROAD VACATION AREA FROM 50' SOUTH OF TO 1072' SOUTH OF ATLANTA AVE POE CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Resolution No.2010-78 x ib t C SHEET 1 ®E 2 THOSE CERTAIN LANDS LOCATED IN THE NORTH 1548.22 FEET, OF THE WEST 489.55 FEET, OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 6 SOUTH, RANGE 11 WEST, IN THE RANCHO LAS BOLSAS, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA,AS SHOWN ON THE MAP FILED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, SAID LANDS ALSO BEING A PORTION OF PARCEL 1 OF STATE HIGHWAY RELINQUISHMENT NUMBER 632, RECORDED FEBRUARY 26, 1968, IN BOOK 8526, PAGE 461 OF OFFICIAL RECORDS, AS SHOWN ON THE MAP RECORDED IN BOOK 5, PAGES 45 AND 46 OF STATE HIGHWAY MAPS, ALL OF WHICH ARE LOCATED IN RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF PARCEL 2, AS SHOWN ON PARCEL MAP 84-590, FILED IN BOOK 202, PAGES 48 THROUGH 50 INCLUSIVE OF PARCEL MAPS, IN SAID RECORDS OF SAID COUNTY; THENCE EASTERLY ALONG THE NORTHERLY LINE OF PARCEL 1, OF SAID PARCEL MAP 84-580, NORTH 89-37'06" EAST, 79.08 FEET, TO THE TRUE POINT OF BEGINNING, OF THIS DESCRIPTION; THENCE.CONTINUING EASTERLY ALONG SAID NORTHERLY LINE, NORTH 89037'06" EAST, 10.14 FEET TO THE INTERSECTION OF SAID NORTH LINE, WITH THE EAST LINE OF PARCEL 1 OF STATE HIGHWAY RELINQUISHMENT NUMBER 632, RECORDED FEBRUARY 26, 1968, IN BOOK 8526, PAGE 461 OF OFFICIAL RECORDS; THENCE NORTHERLY ALONG SAID EAST LINE, NORTH 09050'39" WEST, 133.85 FEET, TO THE BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 1000.00 FEET; THENCE CONTINUING NORTHERLY ALONG SAID EASTERLY LINE, THROUGH A CENTRAL ANGLE OF 9"10'25", AN ARC DISTANCE OF 160.11 FEET; THENCE CONTINUING NORTHERLY ALONG SAID EASTERLY LINE, NORTH 00040'14"WEST, 730.41 FEET, TO A LINE PARALLEL WITH AND 50.00 FEET SOUTHERLY OF THE NORTH LINE OF SAID SECTION 13; THENCE WESTERLY ALONG LAST SAID PARALLEL LINE, SOUTH 89037'06"WEST, 10.00 FEET TO A LINE PARALLEL WITH AND 10.00 FEET WESTERLY OF THE EAST LINE OF SAID PARCEL 1 OF STATE HIGHWAY RELINQUISHMENT NUMBER 632, RECORDED FEBRUARY 26, 1968, IN BOOK 8526, PAGE 461 OF OFFICIAL RECORDS; THENCE SOUTHERLY ALONG LAST SAID PARALLEL LINE, SOUTH 00040'14" EAST;730.46 FEET, TO THE BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 1010.00 FEET; Legal Description BEACH BOULEVARD FRONTAGE ROAD WATER EASEMENT FROM 50' SOUTH OF TO 1072' SOUTH OF ATLANTA AVE CITY OF HUNTINGTON BEACH FOB DEPARTMENT OF PUBLIC WORKS Resolution No.2010-78 Exhibit SHEET 2 OF 2 THENCE CONTINUING SOUTHERLY ALONG SAID PARALLEL LINE, THROUGH A CENTRAL ANGLE OF 9010'25 AN ARC DISTANCE OF 161.71 FEET; THENCE CONTINUING SOUTHERLY ALONG SAID PARALLEL LINE, SOUTH 09°50'39" EAST, 132.18 FEET, TO THE TRUE POINT OF BEGINNING. CONTAINING 10,244 SQUARE FEET MORE OR LESS (0.24 ACRES). EXHIBIT"D"ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. LANp SG� `�7C11 L U O EXP. 12-31-11 JOSEPH G. DERLETH PLS 7340, EXPIRES 12/31/11 s�9 LS. 7340 lF OF CAO Legal Description BEACH BOULEVARD FRONTAGE ROAD WATER EASEMENT FROM 50' SOUTH OF TO 1072' SOUTH OF ATLANTA AVE ® >� CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS ...._-....Resolution No.2010-78 i NW'LY COR SEC 13 N'LY LINE SEC 13 T6S, R11 W, SBM T6S, R11 W, SBM PER PM 94-590 (N89'37'06'E) ATLANTA AVE — — — - - --- -- -- - - -- - - - - -- - - PARCEL 2, PM 84-590, 1 x 202/48-50 PM 8 I 8' 78' 44;`40 P I 10.00' W'LY LINE SEC 13 I T6S, R11 W, SBM I OD a oo I ., ao I : ol z= 10' z I 8, ( )= RECORD PER PARCEL MAP rn j 78 84-590, FILED IN BOOK 202, I PAGES 48 THROUGH 50 PARCEL 2, PM 84-590,� 10.00' INCLUSIVE OF PARCEL MAPS 202/48-50 PM 1 ®=10.00' EASEMENT FOR WATER t-----1104— AND INCIDENTAL PURPOSES I TO THE CITY OF HUNTINGTON _ I BEACH. Z O � I O I ol 61" ;8 P- { Ilo _ I 00, 1 O jI+ O I '. I 0. 6,= 8 -- EXHIBIT D PARCEL 2, PM 84-590,, —j-- 202/48-50 PM g'--I ='= 10.00' SHEET 1 ®F 3 78' I 8' GRAPHIC SCALE ------ — — — — — — — 1 1 inch =150 ft. N'LY LINE t50 I o �s 150 ' I PARCEL 1 PM 84-590 202/48-50 PM ( IN FEET EXHIBIT D BEACH BOULEVARD FRONTAGE ROAD WATER EASEMENT ®� FROM 50' SOUTH OF TO 1072' SOUTH OF ATLANTA AVE 0 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Resolution No.2010-78 I GRAPHIC SCALE i ATLAIVl"A AVE inch =50 ft,. (N89_37'06"E) � 22'-J 50 0 25 so N W LY COR SEC 13 T6S, R11 W, SBM o 8' PER PM 84-590 78° { IN FEET ) ( ) = RECORD PER PARCEL MAP 10.00' 84-590, FILED IN BOOK 202, m w E'LY LINE, PARCEL 1 PAGES 48 THROUGH 50 PER STATE HWY M AP INCLUSIVE OF PARCEL MAPS. oo , BOOK 5, PAGES 41 (( )) = RECORD PER STATE AND 42. HIGHWAY MAP FILED IN BOOK c' 5, PAGES 45 AND 46. 8' 22' �_ 6/16 P : �= 10.00 EASEMENT FOR WATER 1 o AND INCIDENTAL PURPOSES TO THE CITY OF HUNTINGTON BEACH. EXHIBIT D o SHEET 2 OF 3 0 8 LINE TABLE: - L1= N89'37'06"E, 79.08' L2= N89'37'06"E, 10.14' ' 1! L3= N00'40'14"W, 730.41' L4= S00'40'14"E, 730.46' 1 C PARCEL 2, PM 84-590, coo '18 Pk Z 202/48-50 PM o a n Q o I--W'LY LINE SEC 13 �i, 0 M T6S, R11 W, SBM " v� t° NE COR PARCEL Nca 0 0 0 1, PM 84-590, o POINT OF °' Qo 202/48-50 PM Ir - '� v COMMENCEMENT, U cn , SE COR PARCEL ,�, 10.00 m co o 2, PM 84-590, ��--78 8 f17 `� 202/48-50 PM , N co TRUE POINT OF j - 8' BEGINNING (88.00 ) (54.91 ) L1 N'LY LINE PARCEL 1 L2 PM 84-590 (N8937'06"E, 489.56') EXHIBIT D BEACH BOULEVARD FRONTAGE ROAD WATER EASEMENT N®A J � FROM 50' SOUTH OF TO 1072' SOUTH OF ATLANTA AVE CITY OF HUNTINGTON BEACH [DID DEPARTMENT OF PUBLIC WORKS 1 I GRAPHIC SCALE N'LY LINE SEC 13 1 inch =50 ft T6S, R11W, S.B.M. 50 0 25 5 ATLANTA AVE immm"11111 (N89*37'06"E) { IN FEET N W'LY COR SEC 13 30' T6S, R11 W, SBM 50' 50' I PER PM 84-590 L5 L6 { j = RECORD PER PARCEL MAP 44='4u 84-590, FILED IN BOOK 202, I PAGES 48 THROUGH 50 I INCLUSIVE OF PARCEL MAPS. 882 10.00' 8' 78' 22' PARCEL 2, o 0 PM 84-590, O O 5:-`6 P -' 202/48-50 PM ' I a o =10.00' EASEMENT FOR WATER I AND INCIDENTAL PURPOSES TO m _� EXHIBIT D THE CITY OF HUNTINGTON SHEET 3 OF 3 BEACH. U w w p O O 1 cq -P P P- C LINE TABLE: rTi I L5= S89°37'06"W, 10.00' m L6= N89'37'06"E, 78.00' [TIE] oo c C W'LY LINE SEC 13 I E'LY LINE, PARCEL ,1 z T6S, R11 W, SBM I PER STATE HWY MAP mm o BOOK 5, PAGES 41 '< > I PARCEL 2, AND 42. PM 84-590, E 7 202/48-50 PM 6 's6 PNz m o 8, L22- X '-' o I —�81. 8, 10.00' �= j EXHIBIT D BEACH BOULEVARD FRONTAGE ROAD WATER EASEMENT FROM 50' SOUTH OF TO 1072' SOUTH OF ATLANTA AVE CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Res. No. 2010-78 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 an regular meeting thereof held on October 18, 2010 by the following vote: AYES: Green, Bohr, Dwyer, Hansen NOES: None ABSENT: Carchio, Coerper, Hardy ABSTAIN: None i Clerk and ex-offici Clerk of the City Council of the City of Huntington Beach, California Council/Agency Meeting Held: Deferred/Continued to: A pr ved onditiogally Ap r ved ❑ enied City le kr Signatu e >v T Council Meeting Date: October 18, 2010 Department ID Number: PW 10-055 CITY OF HUNTINGTON BEACH 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. 2010-78 ordering the vacation of the frontage road along the southeast corner of Beach Boulevard and Atlanta Avenue Statement of Issue: Pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highways Code, commencing with Section 8334(a), the Department of Public Works requests that the City Council adopt a resolution ordering the vacation of the Beach and Atlanta frontage road. Financial Impact: The property is planned for sale to Beach Promenade LLC under a separate purchase agreement. Recommended Action: Motion to: A) Adopt Resolution No. 2010-78, "A Resolution of the City Council of the City of Huntington Beach Ordering the Vacation of the Public Frontage Road at the Southeast Corner of Beach and Atlanta;" and, B) Direct the City Clerk to record Resolution No. 2010-78 and attached exhibits with the Orange County Recorder. Alternative Action(s): Deny the recommended action. -7 �- Item 11 . - Page °I REQUEST FOR COUNCIL ACTION MEETING DATE: 10/18/2010 DEPARTMENT ID NUMBER: PW 10-055 Analysis: In 1966, the subject parcel was deeded to the State of California for "freeway and adjacent frontage road use" (Exhibits A, B). In 1968, the State relinquished the portion of the parcel underlying the frontage road to the City of Huntington Beach. The remaining portion, a vacant strip of land between Beach Boulevard and the frontage road, was relinquished to the Sassoon-Mayer Development Company in 1983. On May 4, 2009, the Sassoon-Mayer Development Company, majority owner of the Beach Promenade shopping center, received City Council approval of Conditional Use Permit (CUP) 2008-13 and Variance (VAR) 2008-07, which proposed to remodel the existing Beach Promenade shopping center. Since then, the owner has amended his concept for the project and now intends on expanding the shopping center by acquiring and merging the frontage road parcel with the existing shopping center property to the east and vacant parcel to the west. The amended project allows for expansion of the existing parking and landscaping and would create three new parcels and associated building pads for future retail uses. An amended application was submitted and on June 22, 2010, the Planning Commission approved Entitlement Plan Amendment No. 09-009, Tentative Parcel Map No. 09-079, CUP No. 10-005, VAR No. 10-001 (Amendment to CUP No. 08-013 and VAR No. 08-007) to fully entitle the project. Since the City owns the frontage road in fee, the City would need to vacate the street and sell the land to the owner in order for the project to be built. Staff has determined that the frontage road is excess right-of-way and is not necessary for street or highway purposes, or for existing or prospective public use. The proposed street vacation would not conflict with the requirements of the Orange County Congestion Management Program (CMP) and Master Plan of Arterial Highways (MPAH). On February 9, 2010, the Planning Commission approved General Plan Conformance (GPC) 09-007 with a finding that the proposed street vacation conforms to the City's General Plan. On August 16, 2010, the City Council approved a Resolution of Intent to vacate the frontage road at a public hearing to be held on October 18, 2010. If approved, the Resolution will be recorded with the County of Orange and the street vacation will become effective 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. Public Works Commission Action: Not required. Strategic Plan Goal: Enhance Economic Development Item 11 . - Page 2 -120- REQUEST FOR COUNCIL ACTION MEETING DATE: 10/18/2010 DEPARTMENT ID NUMBER: PW 10-055 Attachment(s): Description 1. Resolution No. 2010-78, "A Resolution of the City Council of the City of Huntington Beach Ordering the Vacation of the Public Frontage Road at the Southeast Corner of Beach and Atlanta," including Exhibits A and B Legal Description and Plat Map (Vacation of Frontage Road) and Exhibits C and D Legal Description and Plat Map Reservation of 10-foot wide water line easement -121- Item 11. - Page 3 ATTACHMENT # 1 Item 11. - Page 4 -122- RESOLUTION NO. 2010-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE VACATION OF THE PUBLIC FRONTAGE ROAD AT THE SOUTHEAST CORNER OF BEACH AND ATLANTA WHEREAS, on August 16, 2010, the City Council of the City of Huntington Beach adopted Resolution No. 2010-58 declaring its intention to vacate the public frontage road at the southeast corner of Beach and Atlanta, and referring to maps and plans on file in the office of the City Clerk for particulars as to the proposed vacation; and Said resolution fixed the time and place of October 18, 2010, at the hour of 6:00 P.M., or as soon thereafter as the matter could be heard, in the Council Chambers in the Civic Center, for hearing all persons interested in or objecting to the proposed vacation, which time was not less than fifteen (15) days from the passage of this resolution. Notices of vacation were posted conspicuously along the easement section proposed for vacation, and such notices were posted not more than three hundred(300)feet apart and at least three(3)were posted. On October 18, 2010 at the hour of 6:00 P.M., in the Council Chambers in the Civic Center, the City Council of the City of Huntington Beach did convene for the purpose of hearing all persons interested in or objecting to the proposed vacation, at which time no acceptable objection was made to said vacation, and evidence was presented showing that said public frontage road is not necessary for present or prospective public uses and its not suitable for use or development as bicycle paths or routes. NOW, THEREFORE, the City Council of the City of Huntington Beach, pursuant to Division 9, Part 3, Chapter 3 of the California Streets and Highways Code, commencing with Section 8320, does resolve that the public frontage road at the southeast corner of Beach and Atlanta is not necessary for present or prospective public use, and is not suitable for use or development as bicycle paths or routes, and it is hereby ORDERED that the public frontage road at the southeast corner of Beach and Atlanta is hereby vacated; and that the section so vacated is more particularly described and depicted on Exhibits A and B attached hereto and incorporated by this reference. 07-1130.003153166 1 vacate Resolution No.2010-78 The City hereby reserves and excepts from the vacation a permanent easement and right at any time or from time to time, to construct, maintain, operate, replace, remove, and/or renew water lines, and for the transportation or distribution of water including access to and from the property for said purpose, all as more particularly described and depicted on Exhibits C and D attached hereto and incorporated by this reference. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the 18 th day of October 2010. Ma r INITIATED AND A PROVED: REV AND APPROVED D�irr of Pu li Works Administrator APPROVED AS TO FORM: Ll City Xttomey 07-1130.003/53166 2 vacate Resolution No.2010-78 Exhibit A SHEET 1 OF 1 THOSE CERTAIN LANDS LOCATED IN THE NORTH 1548.22 FEET, OF THE WEST 489.55 FEET, OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 6 SOUTH, RANGE 11 WEST, IN THE RANCHO LAS BOLSAS, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, SAID LANDS ALSO BEING A PORTION OF PARCEL 1 OF STATE HIGHWAY RELINQUISHMENT NUMBER 632, RECORDED FEBRUARY 26, 1968, IN BOOK 8526, PAGE 461 OF OFFICIAL RECORDS, AS SHOWN ON THE MAP RECORDED IN BOOK 5, PAGES 45 AND 46 OF STATE HIGHWAY MAPS, ALL OF WHICH ARE LOCATED IN RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 2, AS SHOWN ON PARCEL MAP 84-590, FILED IN BOOK 202, PAGES 48 THROUGH 50 INCLUSIVE OF PARCEL MAPS, IN SAID RECORDS OF SAID COUNTY; THENCE EASTERLY ALONG THE NORTHERLY LINE OF PARCEL 1, OF SAID PARCEL MAP 84-580, NORTH 89037'06" EAST, 89.21 FEET, TO THE INTERSECTION OF SAID NORTH LINE WITH THE EAST LINE OF SAID PARCEL 1 OF STATE HIGHWAY RELINQUISHMENT NUMBER 632, RECORDED FEBRUARY 26, 1968, IN BOOK 8526, PAGE 461 OF OFFICIAL RECORDS; THENCE NORTHERLY ALONG SAID EAST LINE, NORTH 09°50'39"WEST, 133.85 FEET, TO THE BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 1000.00 FEET; THENCE CONTINUING NORTHERLY ALONG SAID EASTERLY LINE, THROUGH A CENTRAL ANGLE OF 9010'25", AN ARC DISTANCE OF 160.11 FEET; THENCE CONTINUING NORTHERLY ALONG SAID EASTERLY LINE, NORTH 00040'14"WEST, 730.41 FEET, TO A LINE PARALLEL WITH AND 50.00 FEET SOUTHERLY OF THE NORTH LINE OF SAID SECTION 13; THENCE WESTERLY ALONG SAID PARALLEL LINE, SOUTH 89°37'06"WEST, 88.00 FEET TO THE EAST LINE, OF SAID PARCEL 2, OF SAID PARCEL MAP 84-580; THENCE SOUTHERLY ALONG SAID EASTERLY LINE, OF SAID PARCEL 2, SOUTH 00°40'14" EAST, 818.16 FEET; THENCE CONTINUING SOUTHERLY ALONG SAID EASTERLY LINE, OF SAID PARCEL 2, SOUTH 09-50-39" EAST, 206.45 FEET TO THE POINT OF BEGINNING. CONTAINING 90,340 SQUARE FEET MORE OR LESS (2.07 ACRES). SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS-OF-WAYS AND EASEMENTS OF RECORD. EXHIBIT"B"ATTACHED AND THIS REFERENCE MADE A PART HEREOF. o IAND CJ sG� = o EXP. 12-31-11 * �t JOSEPH G. DERLETH �Ty L.S. 7340 PLS 7340, EXPIRES 12/31/11 TF pF CA1.\F Legal Description BEACH BOULEVARD FRONTAGE ROAD VACATION AREA FROM 50' SOUTH OF TO 1072' SOUTH OF ATLANTA AVE ®JJ fff CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Resolution No. 2010-78 NW'LY COR SEC 13 N'LY LINE SEC 13 T6S, R11 W, SBM T6S, R11 W, SBM _ PER PM 94-590 (N89"37'06"E) _ _ ATLANTA AVE_ - 30' 50° 0' ( - - - - - - - - - - - - - - - - - - - - PARCEL 2, PM 84-590,---i 8, 202/48-50 PM 8, 1 W'LY LINE SEC 13� T6S, R11 W, SBM ' I � 5 16 m z p ' I ( )= RECORD PER PARCEL MAP m I I 8 84-590, FILED IN BOOK 202, `�{ I PAGES 48 THROUGH 50 INCLUSIVE OF PARCEL MAPS PARCEL 2, PM 84-590,--� 202/48-50 PM ®=PORTION OF STATE HIGHWAY RELINQUISHMENT NUMBER 632, 4--110' RECORDED 2/26/68, IN 8526/461 1 O.R., ALSO BEING A PORTION OF Z 1 PARCEL 1, STATE HIGHWAY MAP 0 i I BOOK 5, PAGES 45 AND 46. 0 I 90,340 SQ FT, (2.07 ACRES) ; I 0 1 0 I 1 EXHIBIT S PARCEL 2, PM 84-590, --1-- 6.:° 202/48-50 PM 8��a SHEET 1 OF 3 , 1 8 GRAPHIC SCALE ------- - - - - - - - 1 1 inch =150 ft. N'LY LINE 150 1 0 75 150 PARCEL 1 I 1 PM 84-590 1 202/48-50 PM i ( IN FEET ) EXHIBIT B BEACH BOULEVARD FRONTAGE ROAD VACATION AREA FROM 50' SOUTH OF TO 1072' SOUTH OF ATLANTA AVE CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Resolution No. 2010-78 ATLANTA AVE I GRAPHIC SCALE rNW'LY 89°37'06"E) 122' 1 inch =50 ft. 50 0 25 50 COR SEC 13 R11W, SBM o PM 84-590 0 o ( IN FEET ) ( ) = RECORD PER PARCEL MAP I 84-590, FILED IN BOOK 202, �' r PAGES 48 THROUGH 50r7i N E LY LINE, PARCEL 1 INCLUSIVE OF PARCEL MAPS. 00 PER STATE MAP BOOK 5, PAGES 41 (( )) = RECORD PER STATE I AND 42. HIGHWAY MAP FILED IN BOOK 5, PAGES 45 AND 46. 8 22' :'€8 :, , ®= PORTION OF STATE HIGHWAY o RELINQUISHMENT NUMBER 632, I �, RECORDED 2/26/68, IN 8526/461 O.R., ALSO BEING A EXHIBIT B PORTION OF PARCEL 1, STATE HIGHWAY MAP BOOK 5. SHEET 2 OF 3 8 � I LINE TABLE: IE I L1= N89°37'06"E, 89.21' I j L2= N00°40'14"W, 730.41' PARCEL 2, 70 PM 84-590, � rn Z 202/48-50 PM I cP 0 0 n I--W'LY LINE SEC 13 in M M T6S, R11 W, SBM U, 0 W I A NE COR PARCEL M r— POINT OF R- 1, PM 84-590, r- C 0 BEGINNING, SE I 202/48-50 PM COR PARCEL 2, 8 w m o PM 84-590, I �, 202/48-50 PM 00 " 8' (88.00') (54.91') L1 N'LY LINE PARCEL 1 PM 84-590 (N89°37'06"E, 489.56') EXHIBIT B BEACH BOULEVARD FRONTAGE ROAD VACATION AREA •�� FROM 50' SOUTH OF TO 1072' SOUTH OF ATLANTA AVE CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Resolution No.2010-78 GRAPHIC SCALE I inch =50 ft. N'LY LINE SEC 13 50 0 25 50 T6S, R11 W, S.B.M. ATLANTA AVE ( IN FEET ) (N89-37'06"E) _ NW'LY COR SEC 13 30' T6S, R11 W, SBM 50' 50' PER PM 84-590 )1 L3 ( ) = RECORD PER PARCEL MAP 44;'4'•. P 84-590, FILED IN BOOK 202, PAGES 48 THROUGH 50 INCLUSIVE OF PARCEL MAPS. g' 8' 22' PARCEL 2, - o PM 84-590, :'16 202/48-50 PM I o ® = PORTION OF STATE HIGHWAY o RELINQUISHMENT NUMBER g EXHIBIT B 632, RECORDED 2/26/68, IN Q. SHEET 3 OF 3 8526/461 O.R., ALSO BEING P �' A PORTION OF PARCEL 1, 1 � N STATE HIGHWAY MAP BOOK 5, PAGES 45 AND 46. I 00 00 0 �! ;$ LINE TABLE: 1-3= S8937'06"W, 88.00' C W'LY LINE SEC 13 I E'LY LINE, PARCEL 1 00 z T6S, R11 W, SBM PER STATE HWY MAP o I BOOK 5, PAGES 41 '< > o I PARCEL 2, AND 42. M � PM 84-590, z 202/48-50 PM 103 �22 8' I I 61 S P- z ® o � 00) rn � t � EXHIBIT B BEACH BOULEVARD FRONTAGE ROAD VACATION AREA ®J, fit FROM 50' SOUTH OF TO 1072' SOUTH OF ATLANTA AVE 0 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Resolution No.2010-78 Exhibit C SHEET 1 OF 2 THOSE CERTAIN LANDS LOCATED IN THE NORTH 1548.22 FEET, OF THE WEST 489.55 FEET, OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 6 SOUTH, RANGE 11 WEST, IN THE RANCHO LAS BOLSAS, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, SAID LANDS ALSO BEING A PORTION OF PARCEL 1 OF STATE HIGHWAY RELINQUISHMENT NUMBER 632, RECORDED FEBRUARY 26, 1968, IN BOOK 8526, PAGE 461 OF OFFICIAL RECORDS, AS SHOWN ON THE MAP RECORDED IN BOOK 5, PAGES 45 AND 46 OF STATE HIGHWAY MAPS, ALL OF WHICH ARE LOCATED IN RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF PARCEL 2, AS SHOWN ON PARCEL MAP 84-590, FILED IN BOOK 202, PAGES 48 THROUGH 50 INCLUSIVE OF PARCEL MAPS, IN SAID RECORDS OF SAID COUNTY; THENCE EASTERLY ALONG THE NORTHERLY LINE OF PARCEL 1, OF SAID PARCEL MAP 84-580, NORTH 89037'06" EAST, 79.08 FEET, TO THE TRUE POINT OF BEGINNING, OF THIS DESCRIPTION; THENCE CONTINUING EASTERLY ALONG SAID NORTHERLY LINE, NORTH 89°37'06" EAST, 10.14 FEET TO THE INTERSECTION OF SAID NORTH LINE, WITH THE EAST LINE OF PARCEL 1 OF STATE HIGHWAY RELINQUISHMENT NUMBER 632, RECORDED FEBRUARY 26, 1968, IN BOOK 8526, PAGE 461 OF OFFICIAL RECORDS; THENCE NORTHERLY ALONG SAID EAST LINE, NORTH 09°50'39" WEST, 133.85 FEET, TO THE BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 1000.00 FEET; THENCE CONTINUING NORTHERLY ALONG SAID EASTERLY LINE, THROUGH A CENTRAL ANGLE OF 9010'25", AN ARC DISTANCE OF 160.11 FEET; THENCE CONTINUING NORTHERLY ALONG SAID EASTERLY LINE, NORTH 00040'14"WEST, 730.41 FEET, TO A LINE PARALLEL WITH AND 50.00 FEET SOUTHERLY OF THE NORTH LINE OF SAID SECTION 13; THENCE WESTERLY ALONG LAST SAID PARALLEL LINE, SOUTH 89037'06" WEST, 10.00 FEET TO A LINE PARALLEL WITH AND 10.00 FEET WESTERLY OF THE EAST LINE OF SAID PARCEL 1 OF STATE HIGHWAY RELINQUISHMENT NUMBER 632, RECORDED FEBRUARY 26, 1968, IN BOOK 8526, PAGE 461 OF OFFICIAL RECORDS; THENCE SOUTHERLY ALONG LAST SAID PARALLEL LINE, SOUTH 00°40'14" EAST, 730.46 FEET, TO THE BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 1010.00 FEET; Legal Description BEACH BOULEVARD FRONTAGE ROAD WATER EASEMENT FROM 50' SOUTH OF TO 1072' SOUTH OF ATLANTA AVE ®.�� me CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Resolution No.2010-78 Exhibit C SHEET 2 OF 2 THENCE CONTINUING SOUTHERLY ALONG SAID PARALLEL LINE, THROUGH A CENTRAL ANGLE OF 9010'25", AN ARC DISTANCE OF 161.71 FEET; THENCE CONTINUING SOUTHERLY ALONG SAID PARALLEL LINE, SOUTH 09°50'39" EAST, 132.18 FEET, TO THE TRUE POINT OF BEGINNING. CONTAINING 10,244 SQUARE FEET MORE OR LESS (0.24 ACRES). EXHIBIT "D" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. 5F'10 `AND SGP Uq� � _ o xo -j EXP. 12-31-11 JOSEPH G. DERLETH PLS 7340, EXPIRES 12/31/11 sT L.S. 7340 9TF OF CA1-\F�� Legal Description BEACH BOULEVARD FRONTAGE ROAD WATER EASEMENT FROM 50' SOUTH OF TO 1072' SOUTH OF ATLANTA AVE ®J. fe CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Resolution No.2010-78 NW'LY COR SEC 13 N'LY LINE SEC 13 I T6S, R11 W, SBM T6S, R11 W, SBM PER PM 94-590 (N89°37'06"E) _ _ —ZTATLANTA AVE_ 30' —50' 50' - - - - - - - - - - - - - - - - - - PARCEL 2, PM 84-590,— �- 202/48-50 PM k88'--j 441/4"", 78' 10.00' W'LY LINE SEC 13� T6S, R11 W, SBM I ` ` cn (31) 10 D I c m= i :' rnz W 110' ( )= RECORD PER PARCEL MAP m I I 8, 84-590, FILED IN BOOK 202, 78 PAGES 48 THROUGH 50 PARCEL 2, PM 84-590, 10.00' INCLUSIVE OF PARCEL MAPS 202/48-50 PM I I ®=10.00' EASEMENT FOR WATER AND INCIDENTAL PURPOSES �-11 V TO THE CITY OF HUNTINGTON I I BEACH. z I q � 0 I : S .. � Io I ,: o I I cr EXHIBIT PARCEL 2, PM 84-590; -T= 202/48-50 PM 8' :a 10.00' SHEET 1 OF 3 78' 8' GRAPHIC SCALE t— - - - - - - — � 1 inch =150ft. N'LY LINE 150 I ° 75 150 PARCEL 1 PM 84-590 202/48-50 PM I ( IN FEET ) EXHIBIT D BEACH BOULEVARD FRONTAGE ROAD WATER EASEMENT FROM 50' SOUTH OF TO 1072' SOUTH OF ATLANTA AVE CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Resolution No.2010-78 ATLAIVTA AVE GRAPHIC SCALE 1 inch =50 ft. f-(N89*,37'06' E) -22'--I 50 0 25 50 NW'LY COR SEC 13 I T6S, R11 W, SBM o 8° PER PM 84-590 78' ( IN FEET ) 0 10.00 ( ) = RECORD PER PARCEL MAP 84-590, FILED IN BOOK 202, r r PAGES 48 THROUGH 50 I 4-1- cw E LY LINE, PARCEL 1 INCLUSIVE OF PARCEL MAPS. co PER STATE MAP I 00 I BOOK 5, PAGGESES 41 (( )) = RECORD PER STATE IAND 42. HIGHWAY MAP FILED IN BOOK °'- 5, PAGES 45 AND 46. 8' 22' �= 10.00' EASEMENT FOR WATER I o AND INCIDENTAL PURPOSES TO I cn THE CITY OF HUNTINGTON - BEACH. I EXHIBIT 0 SHEET 2 OF, 3 LINE TABLE: g g L1= N89°37'06"E, 79.08' I _I L2= N89°37'06"E, 10.14' 1 L3= N00'40'14"W, 730.41' L4= S00'40'14"E, 730.46' I 1 PARCEL 2, L/1 U PM 84-590, 7v tCil z 202/48-50 PM o o n Q I--W'LY LINE SEC 13 I mil o 0 Z T6S, R11 W, SBM En 0 NE COR PARCEL .-q W 0 0 1, PM 84-590, o POINT OF °' 202/48-50 PM COMMENCEMENT, I � 10.00' ® SE COR PARCEL -77777 pppp 8 1 �JA rn o I 2, PM 84-590, C,, �,, `� 202/48-50 PM 1 00 TRUE POINT OF g' BEGINNING (88.00') (54.91') L1 N'LY LINE PARCEL 1 L2 PM 84-590 (N89°37'06"E, 489.56') EXHIBIT D BEACH BOULEVARD FRONTAGE ROAD WATER EASEMENT Fog FROM 50' SOUTH OF TO 1072' SOUTH OF ATLANTA AVE CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS I D i GRAPHIC SCALE N'LY LINE SEC 13 1 inch =50 ft. T6S, R11 W, S.B.M. 50 0 25 50 ATLANTA AVE (N89°37'06"E) ( IN FEET ) NW'LY COR SEC 13 30' T6S, R11 W, SBM 50' 50' PER PM 84-590 L5 L6 ( ) = RECORD PER PARCEL MAP 4+:''4`0 ' 84-590, FILED IN BOOK 202, PAGES 48 THROUGH 50 INCLUSIVE OF PARCEL MAPS. 8' 10.00' 8, 78' 22' PARCEL 2, 0 0 PM 84-590, I o o 202/48-50 PM I I o_ 0 =10.00' EASEMENT FOR WATER AND INCIDENTAL PURPOSES TO F9 � EXHIBIT D THE CITY OF HUNTINGTON SHEET 3 OF 3 BEACH. W w 0 0 oo -� I t LINE TABLE: L5= S89°37'06"W, 10.00' I 00 IE L6= N89°37'06"E, 78.00' [TIE] 00 W'LY LINE SEC 13 I I E'LY LINE, PARCEL 1 W� z T6S, R11 W, SBM I PER STATE HWY MAP o I BOOK 5, PAGES 41 < > o PARCEL 2, - AND 42. PM 84-590, Z g 202/48-50 PM mW o 8, 22� m EXHIBIT D BEACH BOULEVARD FRONTAGE ROAD WATER EASEMENT FROM 50' SOUTH OF TO 1072' SOUTH OF ATLANTA AVE CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Res. No. 2010-78 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 an regular meeting thereof held on October 18, 2010 by the following vote: AYES: Green, Bohr, Dwyer, Hansen NOES: None ABSENT: Carchio, Coerper, Hardy ABSTAIN: None 1 Clerk and ex-offici Clerk of the City Council of the City of Huntington Beach, California a 4 i f = BEACH AND ATLANTA FRONTAGE ROAD EXISTING SITE: ! 11]1 �� A 1� - ^�� ( �.-£E �.'�'�' ,.'•-' e'_. ,n.. -- � �--,-�• r.^!*!;ems" Y„ �� �• t - o- � � ;;,#( � � ?'°�"'�"-y ��`' •' #t: ��, ��� � � ,,, . '^ � ; �i �1�'V�� � "� `�' �„���'- alp- G a _ i s�ttyy a. .-.._,•..u...n................ ....... ...................:„,,@�. 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K �'' rho ., ��� ` �t�.: k��i"� y , v R •.�;'ex� -'a My ' -3Y ^6'e s5' - _sy, s> F``"Y% s' �,.a`x` y' EACH AND ATLANTA FRONTAGE ROAD BACKGROUND: am ® Frontage road is excess right-of-way and not necessary for street or highway purposes, or for existing or prospective public use ® Vacation does not conflict with the requirements of the Orange County Congestion Management Program (CMP) and Faster Plan of Arterial Highways (MPAH) Vacation allows for the sale of the parcel (under a separate purchase agreement) ® Planning Commission found that the proposed street vacation conforms to the City' s General Plan :.wtr BEACH AND ATLANTA FRONTAGE ROAD r RECOMMENDATION: o • Pursuant to requirements of the California Streets & Highways Code, staff recommends adoption of Resolution No. 2010-78 ordering the vacation of the Beach and Atlanta frontage road Huntington Beach Independent has been adjudged a newspaper of general , circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County,State of California,under date of Aug. 24, 1994,case A50479. PROOF OF PUBLICATION STATE OF CALIFORNIA. ) ) SS. COUNTY OF ORANGE ) I am the Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and the attached Notice is a..true and complete copy as was printed and published on the following date(s): September 30, 2010 October 7, 2010 declare, under penalty of perjury, that the foregoing is true and correct. Executed on October 7, 2010 at Costa Mesa, California Signa e WWW.HBINDEPENDENT.COM HUNTINGTON BEACH INDEPENDENT THURSDAY,.00TOBER 7,2010 89 Legal Notices `Legal Notices I legal Notices I,Legal Notices Legal Notices I Legal Notices Legal Notices ,legs{Notices f Legal Notices RESOLUTION NO 2010-58 A RESOLUTION OF THE CITE' COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARATION INTENT TO PROCESS A GENERAL STREET VACATION OF PUBLIC FRONTAGE ROAD AT BEACH AND ATLANTA The City Council of the City of Huntington Beach does hereby resolve as follows SECTION 1 A public meeting was held before the Planning Commission on February 9 2010, at which time it was determined pursuant to Government Code Section 65402 that the proposed general street vacation of the public frontage road at the svoutheast corner of Beach and Atlanta Streets conformed to the City's general plan SECTION 2 Pursuant to Division 9 Part 3 Chapter 2 of the California Streets and Highways Code, commencing with Section 8320 the City Council of the City of Huntington Beach hereby declares its :intention to process a general street vacation of the public frontage road at the southeast corner of Beach and Atlanta as described and depicted on the attached Exhibits A and B are incorporated herein by this reference The City hereby reserves and excepts from the vacation a permanent easement and right at any time or from time to time to construct, maintain,.operate, replace, remove, and/or renew water lines and for the transportation or distribution of water including,access to and from the property for said purpose SECTION 3 The City Clerk is directed to maintain on file in the office of the City Clerk maps or plans showing the particulars of the proposed general street vacation of the public frontage road at the southeast corner of Beach and Atlanta and reference is hereby made to such maps and plans for particulars as to said proposed vacation SECTION 4 The City Council does hereby fix October 18, 2010, at the hour of 6 00 P.M. or as soon thereafter as the matter may be heard in Council Chambers in the Civic Center, as the time ,and place for hearing all persons interested in or objecting to the proposed vacation which time is not less than,fifteen (15) days from the passage of this resolution SECTION 5 1 The City Clerk is directed to cause a copy this resolution to be published in a weekly newspaper published and circulated in Huntington Beach for at lease two successive weeks prior to the time set herein'for the public hearing SECTION 6 The Director of Public Works is directed to post or cause to be posted notices of vacation conspicuously along the easement proposed to be vacated at least two weeks before .the date of the hearing The notices shall be posted not more than 300 feet apart but at least three notices shall be posted The notices shall state the day hour and place of the hearing and shall refer to the adoption of this resolution of intention and shall describe the easement or shall include a map or plan showing the location of the easement proposed to be vacated PASSED AND ADOPTED by the city council of the City of Huntington Beach at a regular meeting held thereof on the 16th day of August, 2010 M a INITIATED AND APPROVED REVIE ND APPROVED D►��cok, clty dm istrator 12CJVI ll AS TO FQR3vfl �r i Cuy Atlrrney _ Resolution No 2010-68 Resolution No 2010-58 t NW LY COR SEC 13 N LY LINE SEC 13 Exhibit AT6S R11W SBM T6S R11W SSM _ _ PER PM 94-590 SHEET 1 OF 1 (N89 37'46 E) _ ATLANTA AVE_ THOS CERTAIN LANDS LOCATED IN THE NORTH,1548 22 FEET OF THE WEST 488'55 FEET,OF THE O 5 _———_. —_.—T 1_._.——— NORTHWEST QUARTER OF SECTION 13 TOWNSHIP 6 SOUTH RANGE 11 WEST IN THE RANCHO LAS I ( , SOLSAS IN THE CITY OF HUNTINGTON BEACH COUNTY OF ORANGE STATE OF CALIFORNIA AS PARCEL 2 PM 84-590---L 8' SHOWN ON THE MAP FILLED IN BOOK 51 PAGE 14 OF MISCELLANEOUS MAPS SAID LANDS ALSO BEING 202/48--50 PM t A PORTION OF PARCEL 1 OF STATE HIGHWAY REL94QM iMENT NUMBER 632'RECOF FECiR1tARY �8 26 INS iN BOOK 85M PAGE 4610F OFFICCM RECORDS AS SHOWN,ON TWE MAP RECORDED IN BOOK 5 PAGES 46 AND 46 OF STATE HIGHWAY MAPS ALL OF WHICH ARE LOCATED IN RECORDS OF E SAID COUNTY DESCRIBED AS FOLLOWS 1 WLY LINE SEC 13� I BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 2 AS SHOWN ON PARCEL MAP 84 560 FILED IN T6S R11 W SSM y BOOK 202 PAGES 48 THROUGH 50 INCLUSIVE OF PARCEL MAPS IN SARI RECORDS OF SAID COUNTY THENCE EASTERLY ALONG THE NORTHERLY LINE OF PARCEL 1 OF SAID PARCEL MAP 84 589 NORTW a6 CG 4 i OV3106 EAST 89 21 FEET TO THE INTERSECTION OF SAID NORTH LINE WITH THE EAST LINE OF SAID PARCEL 1 OF STATE HIGHWAY RELINQUISHMENT NUMBER 632,RECORDED FEBRUARY 26 1668 IN �W �114 � !/ B00K 8526 PAGE 461 OF OFFICIAL RECORDS { by this reference The City hereby reserves and excepts from the vacation a permanent easement and right at anytime or from time to time to construct, maintain,.operate, replace, remove, and/or renew water.lines and for the transportation or distribution of water includingwaccess to and from the property,for said purpose SECTION 3 The City Clerk is directed to maintain on file-in the office of the City Clerk in,or plans showing the particulars of the.proposed general street vacation of the public frontage road at the southeast corner of Beach and Atlanta and reference is hereby made to such maps and plans for particulars as to said proposed vacation SECTION 4 The City Council does hereby fix October 18, 2010, at the hour of 6 00 p.m. or as soon thereafter as the matter may be heard in Council Chambers in the Civic Center, as the time ,and place for hearing all persons interested in'or objecting to the proposed vacation which time is not less than,fifteen (15) days from the passage of,this resolution SECTION 5 The City Clerk i&directed to cause a copy this,resolution to.be published,in a weekly newspaper published and circulated in Huntington Beach for at lease two successive weeks prior to the time set herein for the public hearing' ` SECTION 6 The Director of Public Works is directed to post or cause to be posted notices of vacation conspicuously along the easement proposed to be vacated at least two weeks before the date of the hearing , The notices shall be posted, not more than 300 feet apart but at least three notices shall be posted The notices shall state the day hour and'place of the hearing and shall refer,to the: adoption,of . hissresolution ofintention_and shall describe the easement or shall include a map or plan showing the location�of the easement proposed to be vacated PASSED AND ADOPTED by the city council of the City of Huntington Beach at a regular meeting held thereof on the 16th day of August, 2010 _Z4 HTIATED AND APPROVED REVI �o APrROVFD 1 CLlirector of Public Works CltyjX6ibstrator al:c�v As rc�FORM �_.— � �C�iy Atiny �o Resolution No 2010-68 Resolution No -2010W58 SLR11WR SBM 13 65 R11EW SBM 3 Exhbd A � PER, PM 94-590 SHMT 1 OF 1 __ _ _ (N89 37'06 E) _ _ AT NIT•A AVE THOSE CERTAIN LANDS LOCATED IN THE NORTH 1548 22 FEET OF THE WEST 489 55'FEET OF THE _` 0 5 -- -_ NORTHWEST QUARTER OF SECTION 13 TOWNSHIP 8 SOUTH RANGE 11 WEST IN THE RANCHO LAS I BOLUS IN THE CRY OF HUNTINGTON BEACH C OL04TY OF ORANGE STATE OF CALIFORNIA AS PARCEL 2 PM 84 590------� I SHOWN ON THE MAP FILED IN BOOK 51 PAGE 14 OF MISCELLANEOUS MAPS SAID LANDS ALSO BEING 202/48-50 PM I A PORTION OF PARCEL 1 OF STATE HIGHWAY RELINQUISHMENT NUMBER 632 RECOROW FEBRUARY 8 1 ry M a 26 INS IN BOOK 85" PAGE 401 OF OFFICIAL RECORDS AS SHOWN,ON THE MAP RECORDED IN BOOK 6 PAGES 46 AND 46 OF STATE HIGHWAY MAPS ALL OF WHICH ARE LOCATED IN RECORDS OF 1 Ir SAID COUNTY DESCRIBED AS FOLLOWS t W LY LINE SEC 13i ' BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 2 AS SHOWN ON PARCEL MAP 84 590 FILED IN T95 R11 W $8M BOOK 202 PAGES 48 THROUGH 50 INCLUSIVE OF PARCEL MAPS IN SAID RECORDS,OF SAID COUNTY I 9 THENCE EASTERLY ALONG THE NORTHERLY LINE OF PARCEL 1 OF SAID PARCEL MAP 84 5W NORTH to 1 89.3706 EAST 8921 FEET TO THE INTERSECTION OF SAID NORTH LINE WITH THE,EAST LINE OF SAID PARCEL 1 OF STATE HIGHWAY RELINQUISHMENT NUMBER 632 RECORDED FEBRUARY 26 1968 IN 2 BOOK 8626 PAGE 461 OF OFFICIAL RECORDS � �---110 I THENCE NORTHERLY ALONG SAID EAST LINE NORTH 09 50 39 WEST 133 85 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 10W 00 FEET + I ( )m RECORD PER-PARCEL,MAP m +� � I 8 $4-590 FILED 1N'BOOK 202 THENCE CONTINUING NORTHERLY ALONG SAID EASTERLY LINE THROUGH A CENTRAL ANGLE OF *I ( PAGES 4 OF PARCEL 50 91026 AN ARC DISTANCE OF 16011 FEET PARCEL 2 PM 84--590-----1 INCLUSIVE OF ARCEL MAPS 202/48-50 PM I 1 I-PORTION OF STATE HIGHWAY THENCE CONTINUING NORTHERLY ALONG SAID EASTERLY LINE NORTH 00 4014 WEST 730 41 FEET 1 RELINQUISHMENT NUMBER 632 TO A LINE PARALLEL WITH AND 50 00 FEET SOUTHERLY OF THE NORTH LINE OF SAID SECTION 13 1 RECORDED'2/26/68 IN 852$/4tit THENCE WESTERLY ALONG SAID PARALLEL LINE SOUTH 89 37 00 WEST 88 00 FEET TO THE EAST OR ALSO,BEING A PORTION OF LINE OF SAID PARCEL 2 OF SAID PARCEL MAP 64 580 21 I PARCEL 1 STATE HIGHWAY MAP o.p + A BOOK 5 PAGES 45 AND 46 THENCE SOUTHERLY ALONG SAID EASTERLY LINE OF SAID PARCEL 2 SOUTH 00 4014 EAST 81816 Ci I 90 340 SO FT (2 67 ACRES) FEET THENCE CONTINUING SOUTHERLY ALONG SAID EASTERLY LINE OF SAID PARCEL 2 SOUTH 09 5039 I EAST 206 45 FEET TO THE POINT OF BEGINNING co CONTAINING 90 340 SO DARE FEET MORE OR LESS(2 07 ACRES) ; c I BXHW B SUBJECT TO ALL COVENANTS RIGHTS RIGHTS OF WAYS AND EASEMENTS OF RECORD PARCEL 2 PM 84--590-- --}- 6 6 y BFEBT 1 OF 3 EXHIBIT 8 ATTACHED AND BY THIS REFERENCE MADE PART HEREOF q ^Mo sp 202/48-50 PM 8 GRAPHIC SCALE � cxr,z-X-„ A .-�_ - � '� i Iacn d150 It N LY LINE— JOSEPH G OERLETH "ri s 7 PARCEL 1 PLS 734Q EXPIRES 12t31111 qr cA1.kF I PM 84-590 I 202/48-50 PM ( Dx !fit Legal Description BEACH BOULEVARD FRONTAGE ROAD VACATION AREA EXHIBIT 8 FROM 50' SOUTH OF TO 1072' SOUTH OF ATLANTA AVE BEACH BOULEVARD FRONTAGE ROAD. VACATION AREA a � CITY OF HUNTINGTON .TEACH FROM 50' SOUTH OF TO 1072' SOUTH OF ATLANTA AVE DEPARTMENT OF PUBUC WORKS CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS.