HomeMy WebLinkAboutVacation of Water Line Easement - 19101 Magnolia Street - Re City ®f Huntington Beach
;.... 2000 Main Street ® Huntington Beach, CA. 92648
OFFICE OF THE CITY CLERK
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 use.
an L. Flynn, YCMC +4k)
City Clerk
JF:pe
Enclosures
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CONFORMED COPY
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO: Recorded in Official Records, Orange County
Tom Daly, Clerk-Recorder
City of Huntington Beach IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE
Attn: Joan L. Flynn 2010000092399 10.37 am 02/26/10
City Clerks Office 62413R28 6
P. 0. Box 190 0.00 0.00 0.00 0.00 16.00 0.00 0.00 0.00
Huntington Beach, CA 92648
THIS SPACE FOR RECORDER'S USE ONLY
TITLE OF DOCUMENT:
RESOLUTION NUMBER 2010-08
This doamwt is sok*for the official
hakmm of t3�h,a cones under
GOvwnmwt Code Sec.6103 and
should D s recorded free of dirge_
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee applies)
RESOLUTION NO, 20I0-08
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.
WHEREAS, the City Council of the City of Huntington Beach wishes to summarily
vacate an easement for water line purposes located at 19101 Magnolia Street,
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
19101 Magnolia Street 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 has been
superseded by relocation 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 sen-ice
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_
M or -
REVIEW APPROVED INITIATED AND APPROVED:
d
City in trator Director of Public Works
APPROVED AS TO FORM:
City Attorney
08-1810-00132570
AA491 ! tl x-- _I
Resolution No. 20I0-08
Sheet 1 of 2
E IBIT "A"
TO BE VACATED
LEGAL DESCRIPTION OF WATER LINE EASEMENT
All of that certain Water line easement granted to the City of Huntington Beach by Deed recorded April 16, 1971 in
Book 9608 at Page 916 of Official Records of Orange County lying within Parcel I of Parcel Map filed in Book 29
at Page 41 of Parcel Maps, County of Orange, California being a portion of the Northeast quarter of the Northeast
quarter of Section 1, Township 6 South, Range I l West, in the Rancho Las Balsas,and described on said Deed as
follows:
Those portions of Parcel 1,as shown on a map recorded in Book 29, Page 41,Parcel Maps,records of said County,
being described as follows:
Parcel 1: A strip of land 10.00 feet wide lying 5.00 feet either side of the following described line: Beginning at a
point on the easterly line of said Parcel 1 distant North 0'37'02" West 20.00 feet from the southeast corner of said
Parcel I;thence along a line parallel with and distant 20.00 feet northerly measured at right angles from the southerly
line of Parcel 1,South 89°50'43"West 279.00 feet to a point hereinafter referred to as point"A";thence continuing
South 89°50'43"West 327.31 feet to a point, said point being on a Iine parallel with and distant 15.00 feet easterly
measured at right angles from the westerly line of said Parcel 1,said point also being hereinafter referred to as point
"B";thence along said parallel line North 0037109"West 369.00 feet to a point hereinafter referred to as point"C";
thence continuing North 0°37'09" West 71.50 feet to a point hereinafter referred to as point"D";thence continuing
North 0037'09" West 261.50 feet to a point hereinafter referred to as point"E";thence continuing North 0°37'09"
West IS 1.00 feet to an intersection with the northerly line of said Parcel 1 and being the end of said 10.00 foot strip.
Excepting therefrom that portion previously dedicated for highway purposes.
Parcel 2: A strip of land 5.00 feet wide lying 2.50 feet on each side of the following described line:Beginning at the
hereinbefore described Point"A";thence South 0'09'17"East 20.00 feet to the end of said strip.
Resolution No. 2010-08
Sheet 2 of 2
Parcel 3: A strip of land 5.00 feet wide lying 2.50 feet on each side of the following described line:Beginning at a
point distant South 89°50'43"West 2.50 feet from the hereinbefore described Point"B";thence South 0009'17"East
20.00 feet to the end of said strip.
Parcel 4: A strip of land 5.00 feet wide lying 2.50 feet on each side of the following described line:Beginning at the
hereinbefore described Point"C";thence South 89122'51"West 15.00 feet to the end of said strip.
Parcel 5: A strip of land 15,00 feet wide lying 7.50 feet on each side of the following described line:Beginning at
the hereinbefore described Point"D";thence North 89122'51"East 45.00 feet to the end of said strip.
Parcel L_ A strip of land 5.00 feet wide lying 2.50 feet on each side of the following described line:Beginning at the
hereinbefore described Point"E",thence South 89D22'51"West 15.00 feet to the end of said strip.
See Exhibit`B"attached hereto and by this reference made a part hereof.
QttOl ESStpy'4 f
EXP. 12/31/09
No. 24,638
qTF OF cpkxx �
Resolution No. 2010-08
EXHIBIT "B"; �
NORTHERLY LINE OF
PARCEL 1, PM 29-41 N Gartield Avenue
--
'- 10'. PARCEL 1 ----- j - ---
—---1 L7 0
f{ i I a
--5, R
EXISTING
RIGHT-OF-WAY LINE
L13 ------ - , H
—-- i
POINT "E"
PARCEL 6 1 Q, yaw
WESTERLY LINE OF PARCEL 1, —�
i PM 29-41(EXISTING I
- - PROPERTY LINE) SCALE : 1- .- 150
POINT '
,
15'1 PARCEL 5 Parcel EAST LINE OF THE N£ 1/4
PM 2 9 - 41 { OF THE NE 1/4 OF SEC. 1,
_- 1 T6S, R11W, S.B.M. IN THE
L 1 1 12 C . C . P . 1 N RANCHO LAS I3OLSAS
- L5
5' POINT "C" '
— PARCEL 4 EXISTING I = 1
RIGHT-OF-WAY LINE
1 �
EASTERLY LINE 30'
—-- - 10', PARCEL l OF PARCEL 1,
Li PM. 29-41
--- 15 a 50 I
POINT "B" '
PARCEL 3 _o { POINT OF
POINT A"
L9 L3 L2 BEGINNING
-- } � � -,-�PARCEL 2
f
----------- -- - o-
L10 5. L1
L �----
- SOUTHERLY LINE OF
PARCEL 1, PM 29-41 SE CORNER
(EXISTING PROPERTY LINE) OF PARCEL 1. WATER SS
t —
LINE TABLE LINE TABLE f EASEMENT Q?,4FEfp'I`q!
LINE BEARING DISTANCE LINE BEARING DISTANCE �/ TO BE �4�`�� `��tLlq�d
L1 NOO'37'02"W 20.00' L8 SOO`09'17"E 20.00' VACATED SpQ y
L2 S89'S0'43"W 279.00' L9 S89'50'43W 2.50' AREA
L3 S89-50'43W 327.31' L14 S00'09'17"E 20.00' E'- 12/31/09
15,242 s_f f 0.350 ac_ NO. 24,638
L4 N00'37`09"W 369.00' Lit S89'22'51"W 15.00'
L5 NOO'37'09"W 71.50' L12 N89'22'51"E 45.00'L6 NOO'37'09"W 261.50' L13 S89'22'Sl"W 15.00' PREPARED BY: Cplxo40��
L7 N00'37'09"W 181.00' LARS ANDERSEN&ASSOCIATES,INC_
4694 WEST JACQUELYN AVENUE
FRESNO,CALIFORNIA 93722
Ph:(559)276-2790
Res. No. 2010-08
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
Ci Clerk and ex-officio lerk of the
The foregoing in exit is e COMA City Council of the City of
copy of the original on file in tilis - Huntington Beach, California
City CIe and F�-off�cIc CI®rk o nth Beach.
Counc of Cky of ntingto
Callo
� •ty
y
. r
Council/Agency Meeting Held: of �
Deferred/Continued to:
OL,App ved ❑ Conditionally Approved ❑ Denied City ?�kk'gS nature
Council Meeting Date: 2/16/2010 Department ID Number: PW 10-004
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY CO#0PUBL'E--W�:C0-.S24-/-
L MEMBERS
SUBMITTED BY: FRED A. WILSON, CITY ADMINISTR
PREPARED BY: TRAVIS K. HOPKINS, PE, DIRECTO
SUBJECT: Adopt Resolution for Summary Vacation of a Water Line Easement at
19101 Magnolia Street
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 a water line easement at 19101 Magnolia Street
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 funds required for this action.
Recommended Action: Motion to:
1. Adopt 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 at 19101
Magnolia Street; 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: PW 10-004
Analysis: The property at 19101 Magnolia Street, Home Depot, has an existing public water
line easement over a portion of the site that was dedicated to the City of Huntington Beach in
a grant deed recorded April 16, 1971,in Book 9608 at Page 916 of Official Records. The
property also is described as Parcel 1 of Parcel Map filed in Book 29 at Page 41 of Parcel
Maps, Records of Orange County.
This easement was used for a public water system that included water line mains, fire
hydrants, fire connections and water meter services for the former K-Mart site. With the
development of the Home Depot, the original water system was abandoned and a new
private water system, along with private fire hydrants, was constructed. The vacation of the
water line easement is required per Conditions of Approval for CUP No. 04-56 for Home
Depot. All public maintained water facilities are located outside of the property within the
street rights-of-way.
Upon vacation of this water line easement, the rights to the underlying land revert 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.
Categorically Exempt.
Attachment(s):
1. Resolution of the City Council of the City of Huntington Beach Ordering
the Summary Vacation of the Water Line Easement at 19101 Magnolia
Street.
-2- 1/28/2010 7:42 AM
i4TTAC H M E N T
# 1
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 19 101 MAGNOLIA STREET.
WHEREAS, the City Council of the City of Huntington Beach wishes to summarily
vacate an easement for water line purposes located at 19101 Magnolia Street,
NOW, THEREFORE, the City Council of the City of Huntington Beach, does hereby
resolve as follows:
1. Pursuant to Division 9, Part 33, 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
19101 Magnolia Street and more particularly described on Exhibits A and B attached and
incorporated herein by this reference.
The City Council does hereby confirm that the easement herein vacated has been
superseded by relocation 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.
M, or
REVIE-#'Vm APPROVED INITIATED AND APPROVED:
ff L( .1
City 4dnfm�-trator Director ot'llublic Works
APPROVED AS TO FORM:
�-J City Attorney
08-1810 001;42570
Resolution No. 2010-08
Sheet I of 2
EXHIBIT "A"
:[0 BE VACATED
LEGAL DESCRIPTION OF WATER LINE EASEMENT
All of that certain Water line easement granted to the City of Huntington Beach by Deed recorded April 16, 1971 in
Book 9608 at Page 916 of Official Records of Orange County lying within Parcel I of Parcel Map filed in Book 29
at Page 41 of Parcel Maps, County of Orange, California being a portion of the Northeast quarter of the Northeast
quarter of Section 1, Township 6 South, Range 11 West, in the Rancho Las Bolsas, and described on said Deed as
follows:
Those portions of Parcel 1, as shown on a map recorded in Book 29,Page 41,Parcel Maps,records of said County,
being described as follows:
Parcel 1: A strip of land 10.00 feet wide lying 5.00 feet either side of the following described line: Beginning at a
point on the easterly line of said Parcel I distant North 0037'02" West 20.00 feet from the southeast corner of said
Parcel 1;thence along a line parallel with and distant 20.00 feet northerly measured at right angles from the southerly
line of Parcel 1, South 89'50'43"West 279.00 feet to a point hereinafter referred to as point"A";thence continuing
South 89'50'43" West 327.31 feet to a point, said point being on a line parallel with and distant 15.00 feet easterly
measured at right angles from the westerly line of said Parcel 1,said point also being hereinafter referred to as point
"B"; thence along said parallel line North 0"37'09"West 369.00 feet to a point hereinafter referred to as point"C";
thence continuing North 0'37'09" West 71.50 feet to a point hereinafter referred to as point"D";thence continuing
North 0'37'09" West 261.50 feet to a point hereinafter referred to as point"E";thence continuing North 0'37'09"
West 181.00 feet to an intersection with the northerly line of said Parcel I and being the end of said 10,00 foot strip.
Excepting therefrom that portion previously dedicated for highway purposes,
Parcel 2.- A strip of land 5.00 feet wide lying 2.50 feet on each side of the following described line: Beginning at the
hereinbefore described Point"A",thence South 0009'1 7"East 20.00 feet to the end of said strip.
Resolution No. 2010-08
Sheet 2 of 2
Parcel 3: A strip of land 5.00 feet wide lying 2.50 feet on each side of the following described line:Beginning at a
point distant South 89"50'43"West 2.50 feet from the hereinbefore described Point"B";thence South 0'09'17"East
20.00 feet to the end of said strip.
Parcel 4: A,strip of land 5.00 feet wide lying 2.50 feet on each side of the following described line: Beginning at the
hereinbefore described Point"C";thence South 8922'51"West 15.00 feet to the end of said strip.
Parcel 5: A strip of land 15.00 feet wide lying 7.50 feet on each side of the following described line: Beginning at
C,
the hereinbefore described Point"D";thence North 89122'5 1"East 45.00 feet to the end of said strip.
Parcel 6: A strip of land 5.00 feet wide lying 2.50 feet on each side of the following described line;Beginning at the
hereinbefore described Point"E";thence South 89'22'5 1" West 15.00 feet to the end of said strip,
See,Exhibit"B"attached hereto and by this reference made a part hereof.
�gOFESS/oyv4
EXP. 12/31/09
No. 24,638
15> Cfv0-
0
Resolution No. 20I0-08
NORTHERLY LINE OF
EXISTING
RIGHT—OF—WAY LINE T
POINT "E"
PARCEL 6
Pm 29-41(EXISTING
PROPERTY LINE) SCALE : 1 150'
POINT "D"
co
PARCEL 4 EXISTING
co
EASTERLY LINE 30
PM, 29-41
50,
POINT -8-
PARCEL 3 POINT OF
PARCEL 2
1-10
L L8 5,
SOUTHERLY LINE OF
PARCEL 1, PM 29-41 SE CORNER
(EXISTING PROPERTY LINE) PARCEL 1.
WATER
LINE TABLE LINE TABLE EASEMENT
ll:N:F:-] ]BEARING DISTANCE LINE BEARING DISTANCE TO BE *\LLJA <�,
:SE CORNER
4694 WEST JACQUELYN AVENUE
|
'
!^ �
!
Res. No. 2010-08
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
P
W�W 41 ffl--V'
Cif 'Clerk and '-Ad ex officio lerk of the
City Council of the City of
Huntington Beach, California
R A ROUTING SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Summary Vacation of Water Line Easement at
19101 Magnolia Street
COUNCIL MEETING DATE: February 16, 2010
RCA ATTACHMENTS STou
Ordinance (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Attached
Not Applicable ❑
Tract Map, Location Map and/or other Exhibits Attached ❑
Not Applicable
Contract/Agreement (w/exhibits if applicable) Attached ❑
(Signed in full by the City Attorney) 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 Applicable
Commission, Board or Committee Report (If applicable) Attached ❑
Not Applicable
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVI RETURNED-,' FOR A
Administrative Staff A 10M ( ) ( )
Deputy City Administrator nitial) F NgFA ( ) ( )
City Administrator (Initial)
City Clerk PpM ( )
EXPLANATION FOR RETURN OF ITEM:
7777
RCA Author: Duncan Lee