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HomeMy WebLinkAboutVacation of Right-Of-Way Easement at Crystal Street and sett PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) NOTICE OF STREET am a citizen of the United States and a I VACATION .. NOTICE IS HEREBY GIV- resident of the County of Los Angeles; I 1p.m. EN that on Monday, Marcham over the age of eighteen years and 10 2oas at s;on, or as soon thereafter as the matter not a party to or interested in the notice may be 'heard,'in 'the regular meeting place of published. I am a principal clerk of the the Huntington Beach HUNTINGTON BEACH city Comber, city.coun- cil Chambers, Civic Cen- 2000 INDEPENDENT,. which.was adjudge6a° .n . ,ter City Hall,', Hunntin Main Streettin gton ursu- newspaper of general circulation, on ;Beach, California,ant to.California Streets and Highways Code Sec- September 29, 1961, case A6214, and I tion 8320 et seq,the City (Council- will conduct a June 11, 1963, case A24831, for the (public .hearing on .the tvacahon of a portion of,. City of Huntington Beach, County''of the street right-of-way commonly referred to as Orange, and the State of California. Crystal Street, west of Gothard Street, in the Attached to this Affidavit is a true=and CLty of Huntington Beach, County of complete copy as was printed and Orange, State of.Califor- ' nia, as depicted on the published on the following date(s): attached map. ALL INTERESTED PER- SONS are invited to at- Thursda March $ 2012 tend said hearing and Yf 5 express opinions or sub- Thursday, �March 15 2012 sub- mit evidence for or 'against the proposed va- cation.Any.questions on the proposed street va- I certify (or declare) under penalty cation should be direct- ed to the Public Works Department at (714) of perjury that the foregoing is true muni atio Written be muni.cations should be and correct. Idirrkted to the City Clerk. Joan Flynn,City Clerk City of Huntington Beach 2000 Main Street,.2nd Floor Huntington Beach, . 48 Executed on March 22, 2012 California) -52 7 http:// at Los Angeles, California h HBP�bli�Commen s,/ H.B. Independent March 81 15,:2012: c Signature �, �J�,�'✓"ram .� ,� C Council/Agency Meeting Held: Deferred/Continued to: DfLAppro d� ❑ Conditionally Approved ❑ Denied C' lerl<YSign u e Council Meeting Date: March 19, 2012 Departme D Number: PW 12-017 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Adopt Resolution No. 2012-13 ordering the Vacation of a Right-of-Way Easement at Crystal Street Statement of Issue: A public hearing is to be held for all persons interested in or objecting to the proposed street vacation. If the City Council finds, from all the evidence submitted, that the street easement is unnecessary for present or prospective public use, it may adopt a resolution ordering the vacation of said street easement. Financial Impact: No funding required for this action. Recommended Action: Motion to: A) Adopt Resolution No. 2012-13, "A Resolution of the City Council of the City of Huntington Beach Ordering the Vacation Of That Certain Public Right-of-Way Easement Generally Located West of Gothard Street and North of Clay Avenue (Crystal Street Vacation);" and, B) Instruct the City Clerk to record the resolution and the attached exhibits with the Orange County Recorder. Alternative Action(s): Deny the recommended action. Item 10. - 1 xB -1 7s- REQUEST FOR COUNCIL ACTION MEETING DATE: 3/19/2012 DEPARTMENT I® NUMBER: PW 12-017 Analysis: On February 12, 2012, the City Council adopted Resolution No. 2012-06 declaring the City's intent to vacate a portion of the public right-of-way easement located west of Gothard Street and north of Clay Avenue (Crystal Street Vacation). See Exhibit "B" in Attachment 1. The vacation is necessary due to the realignment of Gothard Street which was completed in year 2000. The realignment of Gothard Street meets the City's ultimate street alignment plan and the subject Crystal Street is no longer necessary to provide circulation to the surrounding area. The City proposes to vacate its easement for street purposes over said Crystal Street which would allow the surface rights to the street to revert (per the California Streets and Highways Code) to the two adjoining property owners as shown on Tentative Parcel Map 2008-175. The subject street also contains existing utilities consisting of facilities for Southern California Edison, City of Huntington Beach Sewer, Verizon, Time Warner, and the Southern California Gas Company. The City will reserve a permanent easement for underground utility purposes over the entire 60-foot wide former right-of-way, and the Huntington Beach Company will retain its existing easement for utility purposes over said former right-of-way. After adoption, the resolution shall be recorded with the Orange County Recorder to affect the street vacation. Public Works Commission Action: Not Applicable. Environmental Status: The proposed project is categorically exempt pursuant to Class V: Alterations in Land Use Limitations, sub-section (a) minor street, alley and utility easement vacations, of Resolution No. 4501 of the City of Huntington Beach. Strategic Plan Goal: Enhance economic development Attachment(s): 1. Resolution No. 2012-13, "A Resolution of the City Council Rtheity of Huntington Beach Ordering the Vacation Of That Certain Public Right-of-Way Easement Generally Located West of Gothard Street and North of Clay Avenue (Crystal Street Vacation)" HB -179- Item 10. - 2 ATTACHMENT # 1 This Document was electronically recorded by City of Huntington Beach PLEASE COMPLETE THIS INFORMATION Recorded in Official Records, Orange County RECORDING REQUESTED BY: Tom Daly, Clerk-Recorder I�I�IIII I I III�III� IIII�I�I� 11111111111111111111111111111 II NO FEE 2012000159419 03:46pm 03/20/12 AND WHEN RECORDED MAIL TO: 93 401 R28 8 0.00 0.00 0.00 0.00 21.00 0.00 0.00 0.00 City of Huntington Beach Attn: Joan L. Flynn, City Clerk P. 0. Box 190 Huntington Beach, CA 92648 THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT: RESOLUTION NUMBER 2012-13 This doaxnent Is solely for the of clai business of the City of Hundnpton Beach,as contemplated under Government Code Sec.6103 and should bs recorded free of dfmqM. THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies). RESOLUTION NO. 2 012-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE VACATION OF THAT CERTAIN PUBLIC RIGHT-OF-WAY EASEMENT GENERALLY LOCATED WEST OF GOTHARD STREET AND NORTH OF CLAY AVENUE (CRYSTAL STREET VACATION) WHEREAS, on February 21 , 20 12 , the City Council of the City of Huntington Beach adopted Resolution No. 2012-06 declaring its intention to vacate that certain public right-of-way easement generally located west of Gothard Street and north of Clay Avenue, 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 March 19 , 20 12 , 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; and On March 19 , 20 12 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 easement 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 that certain public right-of-way easement generally located west of Gothard Street and north of Clay Avenue 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 certain public right-of-way easement generally located west of Gothard Street and north of Clay Avenue is hereby vacated; and that the sections so vacated are more particularly described and depicted on Exhibits A and B attached hereto and incorporated by this reference. 11-2910/64832 1 vacate Resolution No. 2012-13 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 public utility, water or sewer 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 19th day of March 20 12 Mayor REV*IELAPPROVEDINITIATED AND APPROVED: REVIE APPROVED Director of Pu lic orks City er APPROVED AS TO FORM: �- City Attorney 11-2910/64832 2 vacate Resolution No. 2012-13 EXIIIBIT "A" THAT PORTION OF LOT 23, BLOCK"C" PER BOOK 13668, PAGE 872 OF OFFICAL RECORDS OF ORANGE COUNTY, TOGETHER WITH THAT PORTION OF CRYSTAL STREET OF THE GARFIELD STREET ADDITION TO HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 21 OF SAID BLOCK"C';THENCE SOUTH 89042'15" EAST A DISTANCE OF 60.00 FEET TO THE SOUTHWEST CORNER OF LOT 21, BLOCK `B" OF SAID GARFIELD STREET ADDITION; THENCE NORTH 000 17' 32" EAST ALONG SAID WESTERLY LOT LINE OF LOT 21,BLOCK`B", A DISTANCE OF 153.89 FEET TO A POINT ON A NONTANGENT CURVE, CONCAVE NORTHEASTERLY HAVING A RADIUS OF 370.00 FEET, SAID CURVE DESCRIBED IN THE FINAL ORDER OF CONDEMNATION AS SHOWN ON EXHIBIT"A"FOR ROADWAY ACQUISITION,AND RECORDED AS INSTRUMENT NUMBER 19990592245, RECORDS OF SAID COUNTY; THENCE NORTHWESTERLY ALONG SAID CURVE 213.67 FEET THROUGH A CENTRAL ANGLE OF 330 05' 13" TO A POINT OF TANGENCY WITH THE EASTERLY LINE OF SAID LOT 23 OF BLOCK "C"; THENCE NORTH 000 17' 32" EAST ALONG SAID EASTERLY LINE, 79.12 FEET TO THE NORTHEAST CORNER OF SAID LOT 23;THENCE NORTH 89'42' 15"WEST ALONG THE NORTHERLY LINE OF SAID LOT 23 TO A POINT ON A PARALLEL LINE BEGINNING 10.00 FEET WESTERLY,MEASURED AT RIGHT ANGLES, FROM THE EASTERLY LINE OF SAID LOT 23: THENCE SOUTH 00' 17' 32"WEST A DISTANCE OF 145.00 FEET ALONG SAID PARALLEL LINE TO THE SOUTHERLY LINE OF SAID LOT 23; THENCE SOUTH 89142' 15"EAST A DISTANCE OF 10.00 FEET ALONG SAID SOUTHERLY LINE TO THE NORTHEAST CORNER OF LOT 22, BLOCK "C" OF SAID GARFIELD STREET ADDITION; THENCE SOUTH 00' 17' 32" WEST A DISTANCE OF 290.00 FEET ALONG THE EASTERLY LINES OF LOTS 22 AND 21 OF SAID BLOCK"C"TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 14,583 SQUARE FEET,MORE OR LESS. QROF ESS jf p . z 3"f i z 9 Josep artge,RCE 2 4 w 0..:29242 EXP3-31-1`3. `gTF.DFF CA��F�� Resolution No. 2012-13 EXMIT "B" PLAT TO ACCOMPANY LEGAL DESCRIPTION N89"42'15"W r 10.00' I of N89'42'28"W N li I II R.P. I I� 1 � - S89'42'15"E � 10.00'00 S► ` N `WW CU tv �� ��• "o�,/ (PER PM MAP NO. iI lI 2000-207, 325/36 & 37)/ � N -- -- N N m CNo.42,0 / _ m �• pFESSI --CIAY^AVER.— _$8W42'15"E t1 N w No. 29242 m l * EXP: 3-31-13 I ' CIVIC- 9�F OF C \N CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, CALIFORNIA THIS PLAT IS.SOLELY AN AID IN LOCATING THE LINES DESCRIBED IN THE TETRA TECH ATTACHED DOCUMENT. IT IS NOT A PART OF THE WRITTEN DESCRIPTION THEREIN. SCALE: DRAWN BY: DATE: SHEET: SUBJECT: JOB NO. 1"=80' EN JAN 25, 2012 OF CRYSTAL STREET VACA11ON 134-09383-08001 Resolution No. 2012-13 EXHIBIT"C" THAT PORTION OF CRYSTAL STREET OF THE GARFIELD STREET ADDITION TO HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 7,PAGES 27 AND 28 OF MISCELLANEOUS MAPS, IN RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 21 OF SAID BLOCK"C"; THENCE SOUTH 89042'15" EAST A DISTANCE OF 60.00 FEET TO THE SOUTHWEST CORNER OF LOT 21, BLOCK `B" OF SAID GARFIELD STREET ADDITION; THENCE NORTH 00' 17' 32" EAST ALONG SAID WESTERLY LOT LINE OF LOT 21, BLOCK`B", A DISTANCE OF 153.89 FEET TO A POINT ON A NONTANGENT CURVE, CONCAVE NORTHEASTERLY HAVING A RADIUS OF 370.00 FEET, SAID CURVE BEING DESCRIBED IN THE FINAL ORDER OF CONDEMNATION AS SHOWN ON EXHIBIT "A" FOR ROADWAY ACQUISITION, AND RECORDED AS INSTRUMENT NUMBER 19990592245, IN RECORDS OF SAID COUNTY, A RADIAL LINE TO SAID POINT BEARS SOUTH 57°12'19" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE 213.67 FEET THROUGH A CENTRAL ANGLE OF 330 05' 13" TO A POINT OF TANGENCY WITH THE EASTERLY LINE OF SAID LOT 23 OF SAID BLOCK "C"; THENCE SOUTH 000 17' 32" WEST A DISTANCE OF 355.87 FEET ALONG THE EASTERLY LINES OF LOTS 23 AND 22 AND 21 OF SAID BLOCK"C"TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 13,132 SQUARE FEET,MORE OR LESS. LAND Z Joseph Derleth, PLS 7340 Expires 12/31/13 Resolution No. 2012-13 E=IT"D" I ii • E AI n n Iu II •� II II I,p u I N89'42'WW li [i R.P. II ! n II �� • tt 9'4, co t� 51`1` i cY i� �`"o'•. �•,� ! (PER PM MAP NO. C! 2000-207, 325/36 & 37)ii ■ W N n In MAY a u / J tr / Res. No. 2012-13 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on March 19, 2012 by the following vote: AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, Boardman NOES: None ABSENT: None ABSTAIN: None Cit Jerk and ex-officio Ork of the City Council of the City of Huntington Beach, California Council/Agency Meeting Held: 2 0 Deferred/Continued to: A proved A p ❑ Denied % C y Cler s Sig ure❑ yo Council Meeting Date: February 21, 2012 Department ID Number: PW 12-004 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Adopt Resolution No. 2012-06 declaring intent to vacate a right-of-way easement at Crystal Street, and setting a public hearing date of March 19, 2012 Statement of Issue: A resolution of intent is required to vacate excess public right-of-way, pursuant to Division 9, Part 3, Chapter 3 of the California Streets and Highways Code. The resolution will set a public hearing date of March 19, 2012, to consider public input regarding the vacation. Financial Impact: No funding required for this action. Recommended Action: Motion to: A) Adopt Resolution No. 2012-06, "A Resolution of the City Council of the City of Huntington Beach Declaring Intent to Process a General Street Vacation of That Certain Public Right-of- Way Easement Generally Located West of Gothard Street and North of Clay Avenue (Crystal Street Vacation);" and, B) Set a public hearing date of March 19, 2012, for all persons interested in or objecting to the proposed street vacation. Alternative Action(s): Deny the recommended action. HB -51- Item 7. - I REQUEST FOR COUNCIL ACTION MEETING DATE: 2/21/2012 DEPARTMENT ID NUMBER: PW 12-004 Analysis: In 1911, the Huntington Beach Company dedicated Crystal Street to the City of Huntington Beach on the Map of the Garfield Street Addition in the City of Huntington Beach. The subject street is located west of Gothard Street, north of Clay Avenue and south of Garfield Avenue. More currently, Crystal Street has been replaced by the realignment of Gothard Street, which was completed in 2000. The realignment of Gothard Street meets the City's ultimate street alignment plan. As a result, Crystal Street is no longer necessary to provide circulation to the surrounding area. The City proposes to vacate its easement for street purposes over said Crystal Street, which would allow the surface rights to the street to revert (per the California Streets and Highways Code) to the two adjoining property owners as shown on Tentative Parcel Map 2008-175. The subject street also contains existing utilities consisting of facilities for Southern California Edison, City of Huntington Beach Sewer, Verizon, Time Warner and the Southern California Gas Company. The City will reserve a permanent easement for underground utility purposes over the entire 60-foot wide former right-of-way, and the Huntington Beach Company will retain its existing easement for utility purposes over said former right-of-way. On June 9, 2009, the Planning Commission approved General Plan Conformance 09-003 for the Crystal Street Vacation. To finalize this vacation process, Public Works is seeking City Council's adoption of the attached Resolution of Intent to Vacate and will conduct a Public Hearing at the March 19, 2012, City Council meeting. At the March 19, 2012, Council meeting, Public Works will seek Council's adoption of the Final Resolution which will order the general vacation of said excess right-of-way easement. Public Works Commission Action: Not Applicable Environmental Status: The proposed project is categorically exempt pursuant to Class V: Alterations in Land Use Limitations, sub-section (a) minor street, alley and utility easement vacations, of Resolution No. 4501 of the City of Huntington Beach. Strategic Plan Goal: Enhance Economic Development Attachment(s): 1. Location Ma 2. Resolution No. 2012-06, "A Resolution of the City Council of the City of Huntington Beach Declaring Intent to Process a General Street Vacation of That Certain Public Right-of-Way Easement Generally Located West of Gothard Street and North of Clay Avenue (Crystal Street Vacation)" 3. Notice of Action from Planning Commission's Approval of GPC 09-003 Item 7. - 2 HB -52- ATTACHMENT # 1 r ���:� � �ti�✓ aS x���, tf � f7 a�J id �r s r A r d e.���i f j '��� V\r ���mr',"•!� s..J • m.'� � �j £cif,.� t t. �rr +� -ij �3 � �`�.� ar'=` t 1;"e�vs 3W1 aL.�✓' y`3 a "` .. � � .�t � - r -"7r .rrg� a ,. I .�. y �+. � '�+. ��,l.Y f����T� -.: P.AAA .. ■..� Moog NOMINEE M, INIM OEM son Pan MEMNON MEN N, I'll, IMMV� - k a - ATTACHMENT #2 RESOLUTION NO. 2012-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING INTENT TO PROCESS A GENERAL STREET VACATION OF THAT CERTAIN PUBLIC RIGHT-OF-WAY EASEMENT GENERALLY LOCATED WEST OF GOTHARD STREET AND NORTH OF CLAY AVENUE (CRYSTAL STREET VACATION) 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 June 9, 2009, at which time it was determined, pursuant to Government Code Section 65402, that the proposed general street vacation of that certain public right-of-way easement generally located west of Gothard Street and north of Clay Avenue 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 that certain public right-of-way easement generally located west of Gothard Street and north of Clay Avenue as described and depicted on the attached Exhibits A and B which 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 public utility, water or sewer 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 that certain public right-of-way easement generally located west of Gothard Street and north of Clay Avenue, 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 March 19, 2012, 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 is directed to cause a copy this resolution to be published in a weekly newspaper, published and circulated in Huntington Beach for at least 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 11-2910/64831.DOC 1 intent Resolution No. 2012-06 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 21 st day of February , 2012. Mayor REVIE ND APPROVED INITIATED AND APPROVED: : f Ci �ger Director of Public Works APPROVED AS TO FORM: r City Attorney 11-2910/64831.DOC 2 intent Resolution No. 2012-06 EXHIBIT "A" THAT PORTION OF LOT 23, BLOCK "C" PER BOOK 13668, PAGE 872 OF OFFICAL RECORDS OF ORANGE COUNTY, TOGETHER WITH THAT PORTION OF CRYSTAL STREET OF THE GARFIELD STREET ADDITION TO HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 21 OF SAID BLOCK "C"; THENCE SOUTH 89042'15" EAST A DISTANCE OF 60.00 FEET TO THE SOUTHWEST CORNER OF LOT 21, BLOCK "B" OF SAID GARFIELD STREET ADDITION; THENCE NORTH 000 17' 32" EAST ALONG SAID WESTERLY LOT LINE OF LOT 21,BLOCK`B", A DISTANCE OF 153.89 FEET TO A POINT ON A NONTANGENT CURVE, CONCAVE NORTHEASTERLY HAVING A RADIUS OF 370.00 FEET, SAID CURVE DESCRIBED IN THE FINAL ORDER OF CONDEMNATION AS SHOWN ON EXHIBIT "A"FOR ROADWAY ACQUISITION, AND RECORDED AS INSTRUMENT NUMBER 19990592245, RECORDS OF SAID COUNTY; THENCE NORTHWESTERLY ALONG SAID CURVE 213.67 FEET THROUGH A CENTRAL ANGLE OF 330 05' 13" TO A POINT OF TANGENCY WITH THE EASTERLY LINE OF SAID LOT 23 OF BLOCK "C"; THENCE NORTH 000 17' 32" EAST ALONG SAID EASTERLY LINE, 79.12 FEET TO THE NORTHEAST CORNER OF SAID LOT 23; THENCE NORTH 89' 42' 15" WEST ALONG THE NORTHERLY LINE OF SAID LOT 23 TO A POINT ON A PARALLEL LINE BEGINNING 10.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE EASTERLY LINE OF SAID LOT 23: THENCE SOUTH 000 17' 32" WEST A DISTANCE OF 145.00 FEET ALONG SAID PARALLEL LINE TO THE SOUTHERLY LINE OF SAID LOT 23; THENCE SOUTH 89' 42' 15" EAST A DISTANCE OF 10.00 FEET ALONG SAID SOUTHERLY LINE TO THE NORTHEAST CORNER OF LOT 22, BLOCK "C" OF SAID GARFIELD STREET ADDITION; THENCE SOUTH 000 17' 32" WEST A DISTANCE OF 290.00 FEET ALONG THE EASTERLY LINES OF LOTS 22 AND 21 OF SAID BLOCK "C"TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 14,583 SQUARE FEET,MORE OR LESS. QROVESSIpN Josep artge, RCE 2 42 ) w No. 29M m EXP3-31-13 s� CM qTF 0F CA0Fa� Resolution No. 2012-00 Res. No. 2012-06 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 21, 2012 by the following vote: AYES: Shaw, Harper, Hansen, Carchio, Bohr, Boardman NOES: None ABSENT: Dwyer ABSTAIN: None 6 C � Clerk and ex-offici Jerk of the City Council of the City of Huntington Beach, California ATTACHMENT #3 Hx ._9. Item "l. - 9 I 4A Huntington Beach Planning Commission • 2000 MAIN STREET CALIFORNIA 92648 j 3 NOTICE OF ACTION June 10, 2009 Public Works Dept. City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 SUBJECT: GENERAL PLAN CONFORMANCE NO. 09-003(CRYSTAL STREET VACATION) APPLICANT: Public Works Dept., City of Huntington Beach REQUEST: To determine if the vacation of a right-of-way easement is in conformance with the goals, objectives, and policies of the General Plan. PROPERTY OWNERS: Gustafson Partners, LLC, 714 Huntington Street, Huntington Beach, CA 92648 Paul &Annisa Geil Trust, 17007 Spinning Avenue, Torrance, CA 90504 Gergen Homes, 211 Main Street Suite B, Huntington Beach, CA 92648 LOCATION: Southwest of Gothard Street, north of Clay Avenue DATE OF ACTION: June 9, 2009 On Tuesday, June 9, 2009 the Huntington Beach Planning Commission took action on your application, and approved your request by adopting Resolution No. 1632, approving General Plan Conformance No. 09-003. Attached to this letter are Resolution No. 1632 and the findings of approval. Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action 'taken by the Planning Commission becomes final at the expiration of the appeal period. A person desiring to appeal the decision shall file a written notice of appeal to the City Clerk within ten (10) calendar days of the date of the Planning Commission's action. The notice of appeal shall include the name and address of the appellant, the decision being appealed, and the grounds for the appeal. Said appeal must be accompanied by a filing fee of One Thousand, Five Hundred Forty-One Dollars ($1,541.00) if the appeal is filed by a single family dwelling property owner appealing the decision on his own property and Two Thousand Three Hundred Seventy-Nine Dollars ($2,379.00) if the appeal is filed by any other party. In your case, the last day for filing an appeal and paying the filing fee is June 19, 2009 at 5:00 PM. Phone 714-536-5271 Fax 714-374-1540 www.surfclty-hb.org Item 7. - 10 flB -60- i Notice of Action GPC 09-003 June 10,2009 Page 2 If you have any questions, please contact Hayden Beckman, Planning Aide, at hbeckmantaa,surFcity-hb.org or at(714)374-5317 or the Planning Department Zoning Counter at (714) 536-5271. Sincerely, Scott Hess, Secretary Planning Commission By: Herb Fauland, Planning Ma ger SH:HF;HB:Iw Attachments: 1. Findings for Approval—GPC No. 09-003 2. Resolution No. 1632 c: Honorable Mayor and City Council Chair and Planning Commission Fred Wilson, City Administrator Scott Hess, Director of Planning Bill Reardon, Division Chief/Fire Marshal Leonie Mulvihill, Senior Deputy City Attorney Steve Bogart, Senior Civil Engineer Gerald Caraig, Permit-Plan Check Manager Property Owner Project File HB -61- Item 7. - 11 �i i ATTACHMENT NO. 'I � i FINDINGS FOR APPROVAL GENERAL PLAN CONFORMANCE NO. 09-003 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the proposed project will not have any significant effect on { the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15306 of the CEQA Guidelines because the project involves information collection which does not result in major disturbance to an environmental resource. FINDINGS FOR APPROVAL—GENERAL PLAN CONFORMANCE NO.09-003: The proposed vacation of the Crystal Street right of way easement is consistent with the following goals, objectives, and policies of the City's General Plan: i Land Use Element LU Goal 2: Ensure that development is adequately served by transportation infrastructure, utility infrastructure, and public services. f Gothard Street currently provides sufficient access to the surrounding industrial and residential uses. As a result of the past Gothard Street widening and realignment, the subject right of way easement is no longer necessary to support the circulation needs of the adjacent areas. i LU Goal 4: Achieve and maintain high quality architecture, landscape, and public open spaces in the City. The vacation of the subject easement would allow for some private enhancement of the property that will advance the visual character of the Gothard Street corridor. Circulation Element CE Obiective 1.1: Balance the circulation system with the circulation demands generated by the implementation of the City's Land Use Element CE Goal 2: Provide a circulation system which supports existing, approved, and planned land uses throughout the City while maintaining a desired level of service on all streets and at all intersections. Due to the Gothard Street realignment, the subject right of way easement is no longer necessary to provide circulation to the surrounding area.The vacation of the Crystal Street easement will not have a detrimental impact on the circulation system. G:1PC1NOA10918-9-09 GPC 09-003 Crystal Street Vacation Attachment 1.1 Item 7. - 12 HB -62- RESOLUTION NO. 1632 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HUNTINGTON BEACH FINDING THE VACATION OF THE CRYSTAL STREET RIGHT OF WAY EASEMENT IS IN CONFORMANCE WITH THE GOALS, OBJECTIVES,AND POLICIES OF THE GENERAL,PLAN (GENERAL PLAN CONFORMANCE NO.09-003) WHEREAS,the Government Code of the State of California, Section 65402, provides that a local agency shall not acquire real property,nor dispose of any real property,nor construct a public building or structure in any county or city until the location,purpose,and extent of such activity has been reported upon as to conformity with the adopted General Plan; and - WHEREAS,the City of Huntington Beach has declared its intention to vacate a right of way easement upon portions of four parcels located southwest of Gothard Street,north of Clay Avenue. (APNs 111-140-19, 111-140-18, 111-140-39 and 111-150-24) WHEREAS, staff has reviewed the easement vacation request and submitted it to the Planning Commission for review on June 9,2009; and WHEREAS, staff has indicated applicable General Plan goals, objectives, and policies to establish conformance with the General Plan(Exhibit A). NOW,THEREFORE,BE IT RESOLVED THAT the Planning Commission of the City of Huntington Beach finds the proposed vacation of the Crystal Street right of way easement in conformance with the goals,objectives,and policies of the General Plan. PASSED,APPROVED AND ADOPTED by the Planning Commission of the City of Huntington Beach at a regular meeting held on the 9th day of June,2009,by the following roll call vote: AYES: Speaker,Mantini,Farley, Shier Burnett, Scandura,Livengood NOES: None ABSENT: Delgleize ABSTAIN: None ATTEST: Sco es , ecretary Panning Commission Chairperson (res 1632) i HB -63- Item 7. - 13 RESOLUTION NO. 2012-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING INTENT TO PROCESS A GENERAL STREET VACATION OF THAT CERTAIN PUBLIC RIGHT-OF-WAY EASEMENT GENERALLY LOCATED WEST OF GOTHARD STREET AND NORTH OF CLAY AVENUE (CRYSTAL STREET VACATION) 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 June 9, 2009, at which time it was determined, pursuant to Government Code Section 65402, that the proposed general street vacation of that certain public right-of-way easement generally located west of Gothard Street and north of Clay Avenue 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 that certain public right-of-way easement generally located west of Gothard Street and north of Clay Avenue as described and depicted on the attached Exhibits A and E which 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 public utility, water or sewer 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 that certain public right-of-way easement generally located west of Gothard Street and north of Clay Avenue, 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 March 19, 2012, 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 is directed to cause a copy this resolution to be published in a weekly newspaper, published and circulated in Huntington Beach for at least 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 11-29l o/Reso 2012-06 1 intent 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 21 st day of February, 2012. /s/Don F. Hansen, Jr. Mayor REVIEWED AND APPROVED INITIATED AND APPROVED: /s/Fred Wilson /s/Travis Hopkins City Manager Director of Public Works APPROVED AS TO FORM: /s/Jennifer McGrath City Attorney A copy of the legal description(Exhibit A) and the plat map (Exhibit B) are available in the City Clerk's office at: Huntington Beach Civic Center 2nd Floor, 2000 Main Street Huntington Beach, CA 92648 11-2910/Reso 2012-06 2 intent