HomeMy WebLinkAboutSummary Vacation of Excess Highway Slope Easement - East of 7
Council/Agency Meeting Held:_ U /4 /d
Deferred/Continued to:
4Approved� onditionall App o ed ❑ Den edr�°lCi Cl e 's Sign tune
Council Meeting Date: October 18, 2010 Department ID Number: PW10-054
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. 2010-77 ordering the summary vacation of the
excess highway slope easement located east of Newland Street and
north of Edison Way
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 Summary Vacation of the
Highway Slope Easement at the east side of Newland Street, north of Edison Way.
Financial Impact: None
Recommended Action: Motion to:
A) Adopt Resolution No. 2010-77, "A Resolution of the City Council of the City of Huntington
Beach Ordering the Summary Vacation of the Excess Highway Slope Easement East of
Newland Street, North of Edison Way;" and,
B) Direct the City Clerk to record the Resolution and attached exhibits with the Orange
County Recorder.
Alternative Action(s): Deny the recommended action.
-75- Item 5s - Page 1
®�� > Citv of Huntington Beach
2000 MAIN STREET CALIFORNIA 92648
DEPARTMENT OF PLANNING AND BUILDING
www.hunti nglonbeachca.gov
Planning Division Building Division
714.536.5271 714,536.5241
NOTICE OF ACTION
July 14, 2010
City of Huntington Beach
Public Works Department
2000 Main Street
Huntington Beach CA 92648
SUBJECT: GENERAL PLAN CONFORMANCE NO. 10-001 (NEWLAND STREET-
HIGHWAY SLOPE EASEMENT VACATION)
APPLICANT: Public Works Department, City of Huntington Beach
PROPERTY
OWNER: City of Huntington Beach
REQUEST: To determine if the vacation of an existing highway slope easement is in
conformance with the goals, objectives, and policies of the General Plan.
LOCATION: 21632 Newland Avenue, Huntington Beach,CA 92648
DATE OF
ACTION: July 13, 2010
On Tuesday, July 13, 2010 the Huntington Beach Planning Commission took action on your
application, and approved your request by adopting Resolution No. 1644, approving General
Plan Conformance No. 10-001. Attached to this letter are Resolution No. 1644 and the findings
for 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 Thirty Nine Dollars ($1,539.00) if the appeal is filed by a single family dwelling
property owner appealing the decision on his own property and Two Thousand,Seven Hundred
Four Dollars ($2,704.00) 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 July 23, 2010 at 5:00 PM_
Item 5® - Page 8 -82- _
Notice of Action GPC 09-008
April 27,2010
Page 2
If you have any questions, please contact Rosemary Medel,the project planner, at
rmedel@surfcity-hb.org or at(714)374-1684 or the Planning and Building Department Zoning
Counter at(714)536-5271.
Sincerely,
Scott Hess, Secretary
Planning Commission
By:
Herb Fauland, Planning anager
SH:HF:RM:kd --
Attachments: 1. Findings for Approval—GPC No. 10-001
2. Resolution No. 1644
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
Mike Vigliotta, Deputy City Attorney Ill
Steve Bogart, Senior Civil Engineer
Gerald Caraig, Permit-Plan Check Manager
Property Owner
Project File
83 Item 5. - Page 9
ATTACHMENT NO.1
FINDINGS OF APPROVAL
GENERAL PLAN CONFORMANCE 10-001
FINDINGS FOR PROJECTS EXEMPT FROM C9QA:
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 City Council Resolution No. 4501, Class 5, which supplements the California
-Environmental Quality Act because the request is a minor street vacation.
FINDINGS OF APPROVAL-GENERAL PLAN CONFORMANCE NO. 10-001
1. The vacation of a City owned highway slope easement and the transfer of ownership through a
Quit Claim action conforms to the following goals and objective of the Land Use and Circulation
Elements of the General Plan:
a. LU Goal 2: Ensure that development is adequately served by transportation infrastructure,
uhW infrastructure, and public services.
b. 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.
c. Obiective CE 1.1: Balance the circulation system with the circulation demands generated
by the implementation of the City's Land Use Element.
The public improvement to widen Newland Street and raise the grade of the adjacent property along
Newland Street created improved vehicular circulation. Therefore, the slope easement is no longer
necessary to achieve required efficient circulation.
G1PC1NOA120 1 017-1 3-20 1 0 GPC 10-001 Newland Vacation Attachment 1.1
Ite11'>I S® - Page l O . _ .. . _ -84-
RESOLUTION NO. I644
A RESOLUTION OF THE PLANNING CO SIGN OF THE CITY OF
HUNTINGTON BEACH FINDING THAT THE VACATION OF A
HIGHWAY SLOPE EASEMENT OVER THE WESTERLY PORTION OF
21632 NEWLANID STREET RESERVED BY THE CITY TO BE IN
CONFORMANCE WrM THE GENERAL PLAN
(GENERAL PLAN CONFORMANCE NO, I0-001)
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, staff has reviewed the description of the proposed vacation of the
slope easement including legal description as depicted on Exhibits A and B(attached),
and generally described as follows:
A vacation of the 20-foot highway slope easement over the westerly 40-feet of
said parcel, which was required due to the elevation differences between the AAA
Animal Hospital and Newland Street.
NOW,THEREFORE,BE IT RESOLVED,the Planning Commission of the City
of Huntington Beach does hereby find and resolve as follows:
,S`ECTION 1- The vacation of the subject slope easement results from the street
widening, and the grade improvement of Newland Street and 21632 Newland Street
thereby eliminating the need for the slope easement.
SECTION 2: The vacation of the slope easement is in conformance with the
City's adopted General Plan. The proposed vacation is in conformance with the Land
Use Element and Circulation Element of the General Plan.
SECTION 3: The City of Huntington Beach Planning Commission does hereby
resolve that the vacation of the subject slope easement along Newland Street is in
conformance with the goals and policies of the General Plan.
-85- Item 5® ® Page 11
PASSED, APPROVED AND ADOPTED this thirteenth day of July 2010 by the
following roll call vote:
AYES: Mantini, Scandura, Speaker, Farley, Shier Burnett,Livengood
NOES:None
ABSENT: Delgleize
ABSTAIN:None
ATTES :
Scott hen, Secretary Chairperson,Pla ning Commission
ATTACHMENT:
Exhibit No. A- Legal Description
Exhibit No.B - Site Map
Item 5® - Page 1 -86- __ .
EXHIBIT "A"
LEGAL DESCRIPTION
(Highway Slope Easement)
That portion of the northwest '/< of the southeast '/<of Fractional Section 13, Township 6 South,
Range 11 West, in the Rancho Las Bolsas, City of Huntington Beach, County of Orange, State
of California, as shown on a map recorded in Book 51,page 14 of Miscellaneous Maps, in the
office of County Recorder of said County, described as follows:
An easement for highway slope purposes as recorded in Book 12778 pages 704 and 705
of Official Records reserved.by the City of Huntington Beach, described therein as the east
20 feet of the west 40 feet of the following described parcel:
Beginning at the southeast corner of Parcel D as shown on a map recorded in book 3, page 18
of Parcel Maps, in the office of the County Recorder of said County; thence South 00'40 30 East
30.00 feet along the southerly extension of the east line of said Parcel D to a line parallel with
and 30.00 feet southerly measured at right angles from the south line of said Parcel D ; Thence
South 89e34 20 West 620.21 feet along said parallel line to the easterly Right of Way line of
Newland Street as shown on said Parcel Map, said Right of Way being parallel with and 20.00
feet easterly, measured at right angle from the North-South Quarter Section line of said Fractional
Section 13;thence along said Right of Way North 00*40 50 West 140.00 feet;thence North
. u
89*34 20 East 150.00 feet to a point on the westerly line of Parcel A of said Parcel Map,
thence South 00040 50 East 110.00 feet along the west line of said Parcel A to the southwest
comer thereof; thence North 89034 20 East 470.21 feet along the south line of Parcels A, B,
C, and D of said Parcel Map to the Point Of Beginning_
As more particularly shown on Exhibit B attached hereto and made a part hereof, _' a =s
oe as
LL _
OpRQt GSf�N�
T. 9 i a i
/ l—•� ��� •!e s 3 2II i
WILLIAM T. DUKE, RCE 19557 No. 19557 "!
n _"
LICENSE EXPIRES 9— 30 -- 07 f CIVIL 2 !
.cc
0f CA1�F�
-87 Item 5® - Page 13
REQUEST FOR COUNCIL ACTION
MEETING DATE: 10/18/2010 DEPARTMENT ID NUMBER: 10-054
Analysis: On July 28, 1978, the City of Huntington Beach conveyed, via a corporation grant
deed, a parcel of land (easterly side of Newland Street, north of Edison Avenue) to Robert E.
Sharkey. As part of this corporation grant deed, the City reserved a 20-foot easement over
the westerly 40-feet of said parcel for highway slope purposes. The intention of the highway
slope easement was to allow the City to maintain an embankment due to elevation
differences between the subject parcel and an elevated pavement surface for the adjacent
Newland Street.
Since the aforementioned property conveyance, the ownership has changed to, Samir S.
Botros and Nahed S. Luka, husband and wife, as joint tenants. The subject parcel and the
adjacent northerly parcel are currently being used as AAA Animal Hospital and the site was
conditionally approved as part of Coastal Development Permit (04-16) and Conditional Use
Permit (04-49) to allow demolition and reconstruction of a new animal hospital facility. The
approved grading plan for the project indicates fill to raise the subject site out of the flood
hazard zone. The Department of Public Works has recently completed a widening project
which also raised the adjacent portion of Newland Street to a similar elevation of the newly
constructed animal hospital site. Therefore, the highway slope and corresponding easement
are no longer necessary.
On July 13, 2010, the Planning Commission reviewed the proposed action and found the
Summary Vacation to be in compliance with the General Plan and approved GPC No.10-001.
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):
borcription
�. Resolution No. 2010-77, "A Resolution of the City Council of the City of Huntington
Beach Ordering the Summary Vacation of the of the Highway Slope Easement
East of Newland Street, North of Edison Way" including Exhibits "A" and "B" —
Le al Description and Plat Map
2. Notice of Action from Planning Commission's Approval of GPC 10-001
Item 5® - Page 2 -76-
ATTACHMENT # 1
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
Illllllllllllll�lllllllllll�llllllllllllllllllllllllll NO FEE
2010000552306 09:46am 10/21/10
AND WHEN RECORDED MAIL TO: 217 405 R28 5
0.00 0.00 0.00.0.00 12.00 0.00 0.00 0.00
City of Huntington Beach
Attn: Joan L. Flynn
City Clerk ' s Office
P. 0. Box 190
Huntington Beach, CA 92648
THIS SPACE FOR RECORDER'S USE ONLY
TITLE OF DOCUMENT:
RESOLUTION NO. 2010-77
This dowment is solely for tfi®cffidd
of ft City of HwMXPn
as contw0aW unft
Govemient Ccab Ste.8103 UW
shouk!b:recorded free of
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee applies)
RESOLUTION NO. 2010-77
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH ORDERING THE SUMMARY
VACATION OF THE EXCESS HIGHWAY SLOPE EASEMENT
EAST OF NEWLAND STREET,NORTH OF EDISON WAY
WHEREAS, the City Council of the City of Huntington Beach wishes to summarily vacate an
easement which is excess right-of-way and is not required for street or highway purposes pursuant to
California Streets and Highways Code Section 8334(a); and
Said right-of-way is comprised of the highway slope located east of Newland Street north of
Edison Way,
NOW, THEREFORE,the City Council of the City of Huntington Beach, does hereby resolve as
follows:
1. Pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highways Code,
commencing with Section 8334(a), the City Council of the City of Huntington Beach hereby orders the
vacation of the excess highway slope right-of-way easement located east of Newland Street, north of
Edison Way.
2. The easement hereby vacated is more particularly described in the Legal Description and
plats attached hereto as Exhibits "A" and "B," respectively, which exhibits are incorporated by this
reference as though fully set forth herein.
The City Council does hereby confirm that the easement herein vacated is.excess right-of-way
and is not required for street or highway purposes.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 18th day of October , 2010.
ayo
REVI E AND APPROVED: INITIATED AND APPROVED:
Cif/Ad inistrator Director of Public Worlor
APPROVED AS TO FORM:
�--Clty Attorney
14-2618/51968
Resolution No. 2010-77
EXHIBIT "All
99
LEGAL DESCRIPTION
(Highway Slope Easement)
That portion of the northwest % of the southeast Y< of Fractional Section 13, Township 6 South,
Range 11 West, in the Rancho Las Bolsas, City of Huntington Beach, County of Orange, State
of California, as shown on a map recorded in Book 51, page 14 of Miscellaneous Maps, in the
office of County Recorder of said County, described as follows:
An easement for highway slope purposes as recorded in Book 12778 pages 704 and 705
of Official Records reserved by the City of Huntington Beach, described therein as the east
20 feet of the west 40 feet of the following described parcel:
Beginning at the southeast corner of Parcel D as shown on a map recorded in book 3, page 18
of Parcel Maps, in the office of the County Recorder of said County; thence South 00*40 30 East
30.00 feet along the southerly extension of the east line of said Parcel D to a line parallel with
and 30.00 feet southerly measured at right angles from the south line of said Parcel D ; Thence
South 89e34 20 West 620.21 feet along said parallel line to the easterly Right of Way line of
Newland Street as shown on said Parcel Map, said Right of Way being parallel with and 20.00
feet easterly, measured at right angle from the North-South Quarter Section line of said Fractional
Section 13; thence along said Right of Way North 00*40 50 West 140.00 feet;thence North
89034 20 East 150.00 feet to a point on the westerly line of Parcel A of said Parcel Map,
thence South 00°40 50 East 110.00 feet along the west line of said Parcel A to the southwest
corner thereof; thence North 89a34 20 East 470.21 feet along the south line of Parcels A, B,
C, and D of said Parcel Map to the Point Of Beginning.
oeso
e e
elEe
As more particularly shown on Exhibit B attached hereto and made a part horefY s a se=' _
••
oe !!
!
Q�p4ESSI e!e!e t
a s a ! t
r oG F ! e a
!! !!
R p @ Y e 0
! ! a
aa6t
WILLIAM T. DUKE, RCE 19557 No. 19557
g YYala•
LICENSE EXPIRES 9— 30— 07 slT ClVt- Q
etlY
9TFOFCAUF� Yoaes8
Resolution No. 2010-77
W
Z ,
IEXHIBI'T 64B99
a �
W
a A HAMILTON STREET
- - - - —- — - —
a CENTER FRAC. SEC. 13 T6S RI1 W.
z
r=-o
o F ,
O w �
_` ' o SCALE: 1"=50"
O (Do O
O < �m v
Z,� O
z NORTHWEST CORNER
PARCEL A" PER ( )
LEGEND
IN89'34'20"E 150.00') 1a--- 20 FOOT HIGHWAY SLOPE EASEMENT AS
DESCRIBED IN EXHIBIT A.
20.00' ,bq a- EXISTING EASEMENT FOR STREET AND
9 PUBLIC UTILITY PURPOSES DEDICATED TO
o_ ( ooL6 o CITY OF HUNTINGTON BEACH RECORDED, IN
! �^ PFtGF o60 0 600K 12778, PAGES 704 do 705 OF
OFFICIAL RECORDS.
L I z 5�. EXIST. 80UNDRY LINES TO REMAIN
�ftf��0 20.00 N8934'20"E 150.00' o PARCEL DESCRIBED IN EXHIBIT "A"
(o o - — — - EXISTING EASEMENT LINE
0 ' ( ) = RECORD PER PARCEL MAP FILED IN BOOK 3,
PAGE 18 OF PARCEL MAPS
RECORD PER GRANT DEED RECORDED APRIL
ton 21. 2006 AS INSTRUMENT NO. 2006000269169
o w o o OF O. R.
Lijv 0 0 vi /'
1I v 0 20.00' GtcY y0oO66h1 y5 0 v . �'' .
2 N QPR�Oo
p �o-
"' WILY LINE Of
PARCEL A" PER ( )
z E'LY LINE OF PARCEL"D"PER( )
20.00" _� _ N89'34'20"E 96.15' _ N89'34'20"E 47021' POINT OF BEGINNING
=89'00'50" 2 EDISON AVENUE 0o SO 40'30"E 30.00')
L=53.26' M
- (S8934.20"W 620.21')
4 EASTERLY R/W LINE OF NEWLAND ST. PER ( )
,
soss
s •
asos
p�vS`VJ1Q�/ ssss s s s o
l o ss so
a
No. 19557 go
a
J}� OF C CIVIL �Q a
A1�F� a
000
C���� ssss s
s s
WILLIAM T. DUKE, RCE 19557 a a a a
LICENCE EXPIRES 9-30-07
Res. No. 2010-77
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 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
Clerk and ex-offici Clerk of the
City Council of the City of
Huntington Beach, California
ATTAC H M E N T #2
-81- Item 5. - Page 7
z r
EXHIBIT 66B49
o� r
~ 1+
a e T ,� HAMILT4N STREET _
z
CENTER FRAC. SEC- 13 T6S R13 W,
rz-o
0 L
O U
VI W _ -
z"' " SCALE: 1"=50'
v`r.ten
O� co
O�
z `Dw b
y NORTHWEST CORNER
PARCEL 'A" PER ( )
LEGEND
N89 34'20"E I50.00') 1Q-- 20 FOOT HIGHWAY SLOPE EASEMENT AS
DESCRIBED IN EXHI8IT A.
20.00' ,6q ZQ--- EXISTING CASEMENT FOR STREET AND
PUBLIC UTILITY PURPOSES DEDICATED TO
o CITY OF HUNTINGTON BEACH RECORDED, IN
b� 0060 BOOK 12778 QA�G , PAGES 704 & 705 OF
�y OFFICIAL RECORDS.
r o moo.
EXIST. BOUNORY LINES TO REMAIN
li.D \cy N89-34'20"E 150.00' o PARCEL DESCRIBED IN EXH181T A"
a 0 - — -- - EXISTING EASEMENT LINE
a
20.00' ( ) = RECORD PER PARCEL MAP FILED IN 800K 3,
PAGE 18 OF PARCEL MAPS
Z 1 = RECORD PER GRANT DEED RECORDED APRIL
21. 2006 AS INSTRUMENT NO. 2006000269169
fro w a o OF0. R,
l+1 o S
z y o , 066h�ry O / '�cD
1
v �� 1 //
!r 0 20.00' GFY 3� r
� 2 QpR,LpO
o Sao'
W'LY LINE OF
PARCEL A" PER { )
z CLY LINE OF PARCEL'D-PER( )
r
20.00, �--_ N89-34'20"E 96.15' _ N89'34'20'E 470.21' POINT OF BEGINNING
+ 00.
AR_89'44 50_ EDISON AVENUE o SO.40'30-E 30.00')
L=S3.26' 2 M
- (S89-34'20-W 620.21)
EASTERLY R/W LINE OF NEWLAND ST. PER ( }
r
•aeo
c e
.sea
i
QRa�EssioN feat
� a
s s e
��Q��A 1'l` t, ��� as e•
[� e
c
44,
c No. 19557 c a a lot.
- L - efi•
J} CIV1l ��
l� 9 OFCA�1 ecrs� aesrace
eeee
s a
WIWAM T_ DUKE, RCE 19557 e=e e
LICENCE EXPIRES 9-30-07
Item 5. - Page 14-. _ -88