HomeMy WebLinkAboutVacations - An Easement for Public Street Purposes over a Po (44) 41
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..CITY """" ,HUNTIN
�. 2000 MAIN STREET CALIFORNIA 92M
I`<, OFFICE OF THE CITY CLERK
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January 23 , 1986
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General Telephone CJmoani
p . 0. Box 500 �
Long Beach , CA 90305
Attn : Bernard Francis
R. C . 3773-W04
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Tne City. Council of r^� City of Huntington Beach at its
.. _ .
regular meeting nelu Monday , ,Tanuary 6 , 1906 , adopted
itesolution No. 5607 ordering the vacation of an easement
for street easement oururses over a portion of Delaware
Street .' south of %fain Street .
�� Lerti4iec �'�cy 7f :-:! id reso: ,.jtinn is enclosed for your
inf�r^�ati!#n .
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L i ty Cler *<
AM :`at
LU TE`,R ALSO SERA TO: 50. Calif. Gas Co.
0. C. Roads Uctidssi:n
'). C. Sar.itations Dr,stricts
Southern California Edison Co.
Lee A. Branch, Count• Clerk
Registrar of Voters
Orange Co. Water Districts
County Assessor
fir.. .' ' .. . - :. ::. . . . - -._ __. _ • __ -
CITY OPHUNTINLa-t ON BEACH
[eta
20M MAIN STREET CALIFORNIA
OFFICE OF THE CITY CLERK
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I
January 8, 1986
Lee A. Branch, County Recorder
P. 0. Bo.c 238
Santa Ana , CA 92702
Enclosed please find Resolution No. 5607 and Resolution of Intent
No. 5605 to be recorded as one document and returned to the Office
of the City Clerk , City of Huntington Beach, 2000 Main Street,
Huntingtr. i Eeach, California 9264B.
e
Alicia M. Wentworth
City clerk
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+ RESOLUTION NO• 5607 ;
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH ORDERING THE VACOtTION OF AN
EASEMENT FOR PUBLIC STREET PURPOSES OVER A POR-
TION OF DELAWARE STREET, SOUTH OF MAIN STREET
WHEREAS, on ,December 16 , 1985 the 'City Council of the City
of Huntington Beach duly adopted Resolution No. 5605 declaring
its intention to vacate an easement for public street purposes
over a portion of Delaware Street, located south of Main
Street , and referring to maps or plans on file in the office of
the City Clerk for particulars as to the proposed vacation: and
Said resolution fired the time and place of January 6, 1986
at the hour off 7 : 30 p .m. , or as soon thereafter as the matter
could be heard , in the Council Chambers ir. the Civic Center ,
for hearing all persons interested in or objecting to the pro-
posed vacation , which time was not less than fifteen (.15 ) days
from the passage of this resolution . Notices of vacation were
posted conspicuously &long the easement for public utreet pur-
poses over that portion of Delaware Street proposed to be va-
cated , ana Such ncti ._es were posted not more than three hundred
300 ) feet apart and at least three ( 3 ) werc posited .
On Ja•ruary 6 , 1966 at the hour of 7 r 3C p. m. , In the Council
Chambers in the Civic Center , the City Council of the City of
Huntington Beach did convene for thf- I.-srpose of hearing all
persons i ntet ested ir► or objecting to tt%e proposp,l vacation of
an casement for public rtreet purposes aver a portion of
Delaware Street , south of Main Street , at. which time no objec-
tion was made to said vacation , and e% idence was presented
shoeing that such easement is not necessary for present or
prospective public use and is not suitable for use or develop-
ment as bicycle paths or routes .
1 .
NOW, THEREFORE, the City Council of the City of Huntington
BeaO, pursuant to Division g, Part 3 , Chapter 3f of the
California Streets and Hi gh ways Coda, commoneing with see-
. i _.,��_.� �.
tion 8320, does resolve that an easement for public street pur-
poses over a portion of Delaware Street, generally located
south of Main Street , is not necessary for present or proipec-
tive public use, and is not suitable for use or development as
bicycle paths or routes , and it is hereby
ORDERED that the casement for public street purposes over a
portion of Delaware Street , south of Main Street , is hereby
vacated: and thct such easement so vacated is more particularly
described as follows :
The easterly 2 .00 feet of the westerly 42.00
feet of the south half of Lot 6 of Block C
of Tract No. 7, city of Huntington Beach,
county of Orange , state of California, as
shown on a map recorded in Book 9, page 8,
M.incellaneous Maps of the County Recorder of
Orangc County, California .
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 renew storm
drains, sanitary sewers , water mains and appurtenant structures
in , upon, over and across Each street or any vacated portion
thereof and pursuant to any existing franchisee or renewals
thereof , or otherwise to construct , maintain , operate , replace ,
remove, renew and enlarge lines of pipe , conduits , cables ,
wires , poles , and other convenient structure& , es� uipment .and
fixtures !or tht- n)perj+ tiori of nas pipelines , tel.-faraphic a>>d
telephone lines , railroad lines , and for the transportation or
distribution of electric energy, petroleum and its products ,
ammonia , water , and incidental purposes , including access and
the right to keep the property free from inflammable materials ,
and wood growth , and otherwise protect the same from all hazards
in, upon and over the easement fer public street purposes so
vacated over a portion of Delaware street.
2 .
PASSED AND ADOPTED by,.. the City Council of the City of
Huntington Beach at an adjourned, regular meeting thereof held
t
# on the Gth day of Janr:ary, 1986 . ,
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Mayor
ATTEST: APPROVED AS TO FORM:
City cler City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
s
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ity Administraterr #*, irec or of Public WorRs
ahb; 11/20/85 : 12/13/85
1039L/3898
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STAn OF CA LA
COOM or GAnt sn:
zrr air DWIM SUM
I. ALICIA M. YtlrlMMan, the duly elected, qualified City -
Cldrk of the City of Huntington Beach, and es•officio Clerk of the
City Council of said City, do hereby certify that the vhvle msshar of
members of the City Catmcil of the City of Huntington beach is seven;
that the fore$*Jag resolution was passed and adopted by the affitvative
vote of more than a majority of all the members of said City Council
at a regular meeting thereof held on the 6th day
of January 19 86 by the follovinb vote:
AYES: Councilmen:
Kelly, MacAllister, Finley. Bailey
NOES: Councilmen:
None
AbSENr: Councilmen:
Mandic , Green, Thomas
City Clerk and ex-offiCii Clerk
of the City Council of the %.'icy
of Huntington Beach, California
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RESOLUTION NO. 5605 r�
A RESOLUTION OF. THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH OF INTENTION TO VACATE . AN
EASEMENT FOR PUBLIC STREET PURFOSES OF A POR-
TION OF DELAWARE STREET, SOUTH ' OF MAIN STREET
The City •Coancil of the City of Huntington Beach does here-
by resolve as follows:
SECTION 1 . A public meeting was held before the Planning
Commission on November 5 , 1985 at which time it was determined,
pursuant to Government Code section 65402 , that the proposed
vacation for public street purposes of an easement over a por-
tion of Delaware Street, located south of Main Street, con-
formed 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 sec-
tion 8320, the City Council. of the City of Huntington B4aeh
hereby declares its intention to vacate for public street pur-
poses an easement over a portion of Delaware Street, located
south of Main Street , more particularly described as follows :
The eesterly 2 .00 feet of the westerly 42 . 00
feet of the south hall, of Lot 6 of Block G
of Tract. I4o. 7 , city of Huntington Beach ,
county of Orange , state of California, as
shv.wn or; a map r.,cvrl- ed in acok 9 , page 8,
Miacellai.eoua. Naps of the County Recorder of
Orange County, California .
The city hereby reserves and exceptr; a permanent cane. Int
and right at any time or from time to time, to construct , -iin--
tain, operate, replace, remove and renew storm drains , soni Ary
sewers, water mains and appurtenant structures in, upon, ovc
and across tb.3t portion of Delaware Street containing for public
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391
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posted not more than 300 feet - apart, but at least;.:thrse notices +`
,.
f shall be posted. The notices shall state the day, hour, and
place of hearing, and shall refer to the adoption of this reso-
lution of intention, and shall describe the easement or shall
include a map or plan showing the location of the eamemcint for
public street purpvses proposed to be vacated of a portion of
Delaware Street.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 16th
I _ day of December, 19B5 .
t .
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Mayor
I
RTTEST: APPROVED AS TO FORM:
1-7
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City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED: �
City Admi?ri btrab6r Dire tor of c Works r
ahb; 11/19/65
103BL/3898 t
3
street the eas
purposes atsant proposed to be vacated, and pur-
suant _
to any existing franchises or renewals thereof, or other-
.
' wise to construct, maintain, operate, replace, re%ove, renew and
enlarge lines of pipe, conduits , cables, wires, poles, and other
convenient structures, equipment and fixtures for the operation
of. gas pipelines, telegraphic and telephone lines, railroad
l= ' lines, and for the transportation or distribution of electric
energy, petroleum and its products , ammonia, water, and inciden-
tal purposes , including access and the right to keep the prop-
free from flammable materials , and wood growth, and other-
wise protect the same from all hazards in, upon and over the
easement for public street purposes proposed to be vacated of a
portion of Delaware Street.
SECTION 3 . The City Clerk is directed to maintain on file
in the office or the City Clerk maps or plans showing the par-
ticulars of the proposed vacation for street purposes of a por-
tion of Delaware Street , located south of Main Street, and ref-
e.ence is hereby made to such maps or plans for particulars as
to said proposed vacation.
SECTION 4 . The City Council does hereby fix January 6 , 1566
at the hour of 7 : 30 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 objec-
ting to the proposed vacation , which time is not less than fif-
teen ( 15 ) days from the passage of this resolution.
Sy.CI'ION 5 . hhe City Clerk is directed to cause a copy of
thiv r,�,z;olutia., in a wookly newspaper , publinhr:d
and circulated in Huntington beach for at least two successive
weeks prior to the time net herein fox the public hearing .
SECTION 6 . The Director of Public Works is directed to
post , or cause to be posted , notices; of vocation conspicuously
along the easement proposed to be vacated of a portion of
Delaware Street , located south of Main Street, at least two
weeks, before the date of the hearing. The notices shall be
2 .
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let. lwo. 5605f{
OF ONANGE
C ITf" or trtCgf!'1 WrON BLACK
Ai K
1 , ALICIA H. WZWTVOKTRo the duly elected, qualified City
Clerk of the City of Huntington Beath, and ax'.L-officio Clerk of the
City Council of said City, do hereby certify that the --whole number of
trwabers of the City Council of the City of Huntington teach is seven;
that the foregoing%resolution was passed and adopted by the affirmative
vote of were Shan a majority of all the members of said City Council
at a regular meeting thereof held on the 16th day J
of December 19 85 by the following vote:
AYES: Councilmen:
Kelly: MacAllister, Bailey, Mandic, Finley, Green, Thomas
NOES: Councilmen:
None
ABSENT : Counc i lmwn:
gone
City Clrr� and ex-offic:o Clerk
of the City Council of the City
of Huntington bejch, California
the fc}t�7uu�c ►cltsty►�tt t+t is w: ct�tre�t
copy vl the ar►Patal an f►l�� ►ry.!t►;•,tr,`t,�.f./.
Attar st ..tl_-_.-�;h��Z�
_ AUGIA M. WLNIUUAIII
City GOk �►i:; 1+� -cr;��y'�_ '��•'' �� -
coullul of tl-e t; y,;i
. CaL
BY-9
i +GL4Udu_ Deputy
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Authorized to Publish Advwliserrwils of W kinds mciudirq gvblrt: s
notices by Decree of thv Superior Courl of Orsnge Counly
Cetilornre, hurnbe► A•6214, dated 29 S*PternDer, 1041. and r
A•24431. dated 11 June. t963
STATE OF CALIFORNIA
County of Orange ►„orr wow. ar..n�.+� c...rr c
eT Nw aVA&.I r om on r arrK Mix
.n« 10 Nc.tMw. ,w om
am a Citizen of the United States and a resident of
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the County .aforesaid; I am over the age of eighteen
years, and not a party to or interested in the belcw
entitled matter. I am a principal clerk of the Orange .;
Coast DAILY PILOT, with which is combined thedo
Rrrretrr.
NEWS-PRESS, a newspaper of general circulation,
printed and published inthe City of Costa Mesa, mom,
County of Orange. State of California, and that a
Ir' 's* 't
Notice of RESOLUT,JoN NQ _ sf�Q. 5,
-Git
, Huntingt:un Bench
�rwer 46
of which copy attached hereto is a true and completegoo lawle
COPY, was printed and published in the Costa Mesa, a��" T��►'wtlr+rf• , r
dry It�slr�rtr��r pr'
Newport Beach, Huntington Beach, Fountain Valley.
Irvine, the South Coast communities and Lagurta
Beach issues of said newspaper for two a+�M►,. + . • tit
DaWllr,�:? sleMlf
tArt,-slq►,ftyrsU�'
consecutive weeks to wit the issue(s) of M1/ ellat a
esa�ruwl•wd�t M
tfawrs ar[ tbi�eibtlsw;
December 21 S nbiwr � 1 �.a
. 198 wsN"aW ter. t tf1e: d
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198
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December 26 �t1sh�. t� huipltU1 M, `
. — � ,ws.r�t�e•r+rr �,,�,rases ent�lr; :.: :... ,1:4
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�1�►s�wrl,s►'rMls. ,,1 !A' I. �.A1lr,�+.
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itttarll of dwoloN IWO%fie• 1111r
1 declare, under penalty of perjury, that the W ;VOW""""
rr
foregoing is true and correct. wfi, A,041 0010 asup" �c.tlrr►.
�r"""+�`ice''• s "�..r,e.
Executed on December 26 , 1985
at Costa Mesa, California,
� tfia •e�tt }�� � �tr..rj,
Signature xPPSLOV ED oy clTY Coti CAI, � •
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`REOUEP FOR CITY COU.NCP
D December . 23� 1985
Stsbinitt d to: Honorabi►" flavor and City Council
SubmitW by: Charles Thompson, City Admin :atrator �1
u
PrqwW by; Paul E. C6ok, Director of Public Works
$Ub Vacation on Delaware Street
Rom.
`'�►. CLIP
C n*tent with Coundl Policy? ( yes ( ] New Policy or Exception
Statement of Issue, Recommendation, Analysis, Fundinq Source, Altrrnatiy*ActkNw, A"=hnwt:: .
Statement .of Issue:
Council action is required in order to coinpletP vacation proceedings r
for a portion of unneeded right--of-way on Delaware Street southeast
of Main.
Recommendation:
l: r Adopt the attached resolution ordering vacation of said right-of--way.
Analysis:
On December 16, 1985,,, the Citv Council adopted Resolution No. -5605
declaring the intention to vacate a segment of unneeded.. right=of--Fray
on Delaware Street dnd setting the required public hearing date for
January 6, 1985. Final Council approval, after the public hearing,
is required to complete the legal process.
Funding:
None; No funds required.
Alternative Action:
Deny the vacation and retain the easements.
Attachments:
Resolution ordering vacation.
Map
CWT:PEC:JS : lw
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cMo+les
AIL
CITY OF F UPJ'1`"IN' ja
2000 MAIN STREET
`CALIFOANIA MN
OFFICE OF TF* CITY CURK
December 18, 1985
,r General Telephome Company .
P. 0. Box 300
Long Beach, California 90805
Attn: Bernard Francis rt
RC 3772-WO4
,`the City L-)uncil of the Clay of Huntington Beach, . at its regular
meeting help Mundray, December 16, 1985 adopted ,Resolution No. 5605
declar::,g its intention to vacate an easement for public street
purposes of a portion of Delaware Street south of Main Street. A
public hearing on the proposed vacation is 'scheduled for the January
6, 19e6 Council meeting.
We are enclosing a certified copy of Resolution No. 5605 for your
records.
Alicia M. Wentworth
City Clerk
lb
APfi+:b,:
Enclosure
This letter waf.. also sent to: Southern. California Edison Co.
County Sanitation District of OC
Southern California Gas Co.
Road 'C' mnission of OC
0. C. Water District
. IYiMlrwrri T1��'1 .
r U F ►R IfiY C INN 'A T N :
Z: � A.y
ubmittad to: Honorable M%jor and`City Qx=il
Opp
$ui r tad by: CharlesW. Tlh�anq eon, City Admini.stra
h"m by. Panu1 E. Cook, Director of Public Works
Subj .t• Vacation on Delaware Street cat,
Coniistrnt with Council Policy? Y" Nm Policy or Exception D
•
Statement of laws, RerommoWation, Analysis, Fundbng Soume, Alterna ve Actions,Atuolm ants:
St atimmt of lsstn.-
d
r The adjacent.property owners ha%,* requested the vacation of a portion of unused
` street right-of-eW on DeLen re Street southeast of Main Street.
Reoum erdation:
Adopt: the attached resolution of intent t o vacate said easement and schedule the
required public hearing for January 6, 1986.
A .is:
A portion of the easement for street purposes on the east side of Delaware Street
sough of Main Street is unneeded. When the street w®s int%tived, this segment was
unused, and it should be returned as rem. mated to the owners in fee.
On I+wa ber % 2.985, the Planning C mmission found the vacation of this easement
to be in conformance wi th the ci ty I s General Plan. A Public Works s taf F review
has '`deterhni.ned that the parcel is of no further value to the city for street
�. purpMes.
Audi! Source:
None. No funds nomssarv.
M
Alternative Action:
Deny the request and retain the easement.
A'r:ta�xrisnts:
Pasolution of Intent
AP Map 159-12
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OAAWK 0OLWTV ti1M1IM . F. 0.,iDK mm. 1rMr1lIM1' CwL11��MMA
�; Dcaa►ber 19, ' 19 8 5
City of. Huntington Beach
2000 Main St.
Huntington Beach, CA 92648 f,
Attn: Alicia M. Wentworth
City Clerk
Sulject: Resolution 5605
4-
Thank you for notifying us regarding the .intention to vacate
a portion of Delaware Street south of Main Street.
According to our records , we do not have gas facilities on the
property being vacated.
the portion of said street s vacated we would 'like to
( : -eive ai'copy of the final resolution so we can have the ;
vacation shown on our maps .
If you have any questions , please contact Linda Armendariz at
( 714 ) 634-3118 . :
Sincerely,
M. T. Roseen
Technical Supervisor .
LA/du
aq�?,til`-;
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attachment
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' y,
101
AFFIDAVIT OF POSTING. NOTICE OF 'VACATION OF STREET RIGHT ,OU NA'I; f
State of California )
es
County of Orange ) "
Paul E. Cook, being dLiy sworn, deposes and says :
1 ,
That he is now and was_._diiring alVthe times mentioned the
duly appointed, qualifies "e►na"' acting Street Superintendent of
the City of Huntington Beach, in said County and State.
That on the 16th day of December, 1985, the;,City Council
of said City passed its resolution of Intention No.: 5605, "A .'
Resolution of the City Council of the City of Huntington Brach
of Intention to Vacate an- Easement for�'Oublic Street Purposes
of a Portion of nelaware ,Sttreet, South of Main Street" .
r t,
That after the adoption of said Resolution-he posted con-
spicuously along the street and property described ,in said
Resolution notices of the adoption of said Resolution and
headed, "Notice of Street Vacation, " one of which notices,
similar to ,the notice he posted as aforesaid, is annexed
hereto and made part hereof .
That he completed all the posting of said notices on the
18th day of December, 1985, and thereafter he made this affidavit
and filed it with the City Clerk of the City of Huntington Beach.
-rc��
Paul E. Coo
Street Superintendent
Subscribed and sworn to before me this 18th day of. December, 1985.
i
Alicia M. entwort
City Clerk
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