HomeMy WebLinkAboutAdopt Resolution No. 2016-25 declaring the intent to vacate Dept. ID PW 16-023 Page 1 of 2
Meeting Date:7/18/2016
r
CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
r
MEETING DATE: 7/18/2016
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. 2016-25 declaring the intent to vacate a Right-of-Way
Easement at the Southern Terminus of Delaware Street and Mainmast Drive;
and, fix a Public Hearing date of August 15, 2016
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 August 15, 2016, to consider public input regarding the vacation.
Financial Impact:
Not applicable.
Recommended Action:
A) Adopt Resolution No. 2016-25, "A Resolution of the City Council of the City of Huntington Beach
Declaring Intent to Process a General Street Vacation of the Certain Public Right-of-Way Easement
Generally Located at the Southern Terminus of Delaware Street;" and,
B) Fix a time for the Public Hearing of August 15, 2016, for all persons interested in or objecting to
the proposed street vacation.
Alternative Action(s):
Deny the recommended action.
Analysis:
The subject easement area is located at the southern terminus of Delaware Street, located south of
the intersection of Delaware Street at Mainmast Drive. The property along the western boundary of
the easement area is developed with a residential manufactured home neighborhood, and to the
east and south is the Seaside Village multifamily residential neighborhood. To the north of the
subject easement area is the existing Delaware Street. The triangulated easement area to be
vacated measures approximately 247 ft. long and 80 feet wide at its widest point (12,381 sq. ft.).
The Public Works Department has determined that the subject easement area is no longer
necessary to provide a public right-of-way and may be vacated without affecting the efficiency or
effectiveness of any arterial circulation system.
The entire subject easement area was originally dedicated to the City of Huntington Beach on Tract
Map 9580 which subdivided the land where the Seaside Village Towne Homes Development is now
located. The easement was originally intended to serve as a public right-of-way to ultimately
provide the extension of Delaware Street between Atlanta Avenue and Pacific Coast Highway.
HB -65- Item 9. - I
Dept. ID PW 16-023 Page 2 of 2
Meeting Date:7/18/2016
Plans to extend Delaware Street southerly beyond the existing terminus, connecting to Pacific
Coast Highway, have been abandoned. In fact, the section of Delaware Street south of Atlanta
Avenue has now been removed from the Orange County Master Plan of Arterial Highways (MPAH).
Consequently, the Public Works Department has determined that the easement for vehicular right-
of-way purposes is no longer necessary. City staff has also verified that no public utilities (i.e. water
or sewer mains) are located within the subject area. Upon its vacation, use of the subject easement
area will revert back to the underlying fee title owner, which in this case is the Seaside Village
Towne Homes. Staff has been informed that the Seaside Village Towne Homes Association intends
to improve the subject vacated area by removing trash and debris and maintaining and/or improving
the area according to their needs.
On February 9, 2016, the Planning Commission approved General Plan Conformance (GPC) 15-
005 with a finding that the proposed street vacation conforms to the City's General Plan. Following
the City Council approval of the Resolution of Intent, notice will be given of a public hearing on
August 15, 2016. On or before that date, the public has the opportunity to address the proposed
action. At the August 15 meeting, a Resolution Ordering the Street Vacation will be presented for
the City Council's approval. If approved, the Resolution will be recorded with the County of Orange
and the street vacation will become effective.
Public Works Commission Action:
Not required.
Environmental Status:
The General Plan conformance review is categorically exempt pursuant to City Council Resolution
No. 4501, Class 5, which supplements the California Environmental Quality Act because the
request is a minor easement vacation.
Strategic Plan Goal:
Enhance and maintain infrastructure
Attachment(s):
1. Resolution No. 2016-25, °A Resolution of the City Council of the City of Huntington Beach
Declaring Intent to Process a General Street Vacation of the Certain Public Right-of-Way
Easement Generally Located at the Southern Terminus of Delaware Street"
2. Exhibits A and B Legal Description and Plat Map (Vacation of Right-of-Way Easement)
3. Aerial Map
Item 9. - 2 HB -66-
RESOLUTION NO. 2016-25
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
AT THE SOUTHERN TERMINUS OF DELAWARE STREET
The City Council of the City of Huntington Beach does hereby resolve as follows:
SECTION I. A public meeting was held before the Planning Conunission on
February 9, 2016, at which time it was determined, pursuant to Govenunent Code Section 65402,
that the proposed general street vacation of that certain public right-of-way easement generally
located at the southern terminus of Delaware Street 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 at the southern terminus of Delaware Street 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 renein,
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 at the southern terminus of Delaware
Street, and reference is hereby made to such maps and plans for particulars as to said proposed
vacation.
SECTION4. The City Council does hereby fix August 15 2016, 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.
16-5199/134730 1
RESOLUTION NO. 2016-25
SECTION 6. The Director of Public Works is directed to post, or cause to be posted,
notices of vacation conspicuously along the easement proposed to be vacated at least two weeks
before the date of the hearing. The notices shall be posted not more than 300 feet apart, but at
least three notices shall be posted. The notices shall state the day, hour, and place of the hearing,
and shall refer to the adoption of this resolution of intention, and shall describe the easement or
shall include a znap or plan sho«7ing the location of the easement proposed to be vacated.
PASSED AND ADOPTED by the City Council of the zty of Huntington Beach at a
regular meeting held thereof on the �Sfh. day of 2016.
M oz
RI--V APPROVED INITIATED AND AP ROVED:
ity Manager Director of Public'k�lorks
APPROVED AS FORM:
City Attozzie37
16-5199/134730 2
EXHIBIT "A" D
LEGAL DESCRIPTION SEP 2015
VACATION PORTION OF DELAWARE STREET J 7��;�� PR�,PERrY
L .,_, N'lANAGEMENT
THE LAND REFERRED TO HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY
F-ORANGE,—ST-AT-E—OI=CA IF-OR-NIA.
BEING A PORTION OF DELAWARE STREET AS DEDICATED TO THE CITY OF HUNTINGTON
BEACH IN TRACT NO. 9580, AS PER MAP RECORDED IN BOOK 444, PAGES 29 THROUGH 31,
INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
ORANGE COUNTY, CALIFORNIA, MORE PARTICULLARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF SAID DELAWARE STREET AND ATLANTA AVENUE AS
SHOWN ON SAID TRACT NO. 9580; THENCE SOUTHERLY ALONG THE CENTERLINE OF SAID
DELAWARE STREET SOUTH 00043'14" WEST A DISTANCE OF 734.69 FEET TO THE BEGINNING
OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 500.00 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4014'01" AN
ARC LENGTH OF 36.95 FEET TO A POINT ON SAID CENTERLINE AND THE TRUE POINT OF
BEGINNING, TO WHICH POINT A RADIAL LINE BEARS NORTH 86°29'13" WEST; THENCE
DEPARTING SAID CENTERLINE SOUTH 89033'59" EAST A DISTANCE OF 32.89 FEET; THENCE
SOUTH 80017'52" EAST A DISTANCE OF 7.20 FEET TO A POINT ON THE EASTERLY RIGHT OF
WAY LINE OF SAID DELAWARE STREET AND THE BEGINNING OF A NON-TANGENT CURVE
CONCAVE NORTHWESTERLY HAVING A RADIOUS OF 540.00 FEET, TO WHICH POINT A RADIAL
LINE BEARS NORTH 86135'31" WEST; THENCE SOUTHWESTERLY ALONG SAID RIGHT OF WAY
LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 27027'28" AN ARC LENGTH OF 258.78
FEET TO A POINT ON THE WESTERLY BOUNDARY LINE OF SAID TRACT NO. 9580; THENCE
NORTHERLY ALONG SAID BOUNDARY LINE NORTH 00043'14" WEST A DISTANCE OF 246.71
FEET; THENCE DEPARTING SAID BOUNDARY LINE SOUTH 89133'59" EAST A DISTANCE OF 38.64
FEET TO THE CENTERLINE OF SAID DELAWARE STREET AND THE TRUE POINT OF BEGINNING.
CONTAINING AN AREA OF 12,381 SQUARE FEET MORE OR LESS
QROFESS/
ST�'1q� .
co
w ��T2131�83 9 m
# /20i5
RAN AL L. ST ETER, *.C.E25083
EXPIRES 12-31-15 N9�F CIVIL
Op CAL1F0�
HB -69- Item 9. - 5
EXHIBIT " B"
DELAWARE STREET VACATION
N89'43'00"E 1325.10'
40.00'
�O ATL.ANTA AVE
ME
M
o
o
I _
0
0
04
8 0'
40' 40' N 50'
� I to LOT9
CD
M — I
o In Z .o — Z
I� � o �ST � s I w
1
A=4'07'43"
N89'33'59 71.53' L=38.91'
38.64' 32.89' N86'35'31"W
RAD LOT 1
N80'17'52"W OFESS/
�� J . � 7.20' P�'L. STgq�l
r J z �Q Fcc` FZ
ccy !; ¢ NO.25083 '9 Z
'12/31/2015 m
D0
N N L
N o ��� �L� �'9r�OFIVtFO�a�Q'
/ ^ o -5 CAco
>�
Q
40, '
N67'38'48"W
RAD OR LOT 2
co
SCALE: 1'
N59'08'03"W \
RADCD \
r
LOT \ \
ADAMS• STREETER
DATE: 04-27-15 CIVIL, ENGINEERS, INC.
JA 14-1994 N8943'00"W 1325.54' 35 Corpomte Park,mac.CA 92606
949)474-2330 F=949)474-0251
Item 9. - 6 xB -70-
Res. No. 2016-25
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU the duly appointed, 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 July 18, 2016 by the
following vote:
AYES: Posey, O'Connell, Sullivan, Katapodis, Hardy, Delgleize, Peterson
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
m �
s a h Ir
S
(t
k
y�
K ,
Q
I'
fj h
Rii
•
} c 77iP" M
k
a T.
N
i
r
ems. -;, 3Yy14
,A
#` SOU THE-RLY END DELAWARE SIFREET PIROPOS, f A T IREA
�E
M
E A T ENT OFF PU 'a WORKS-
kk"., --
HB -71- Item 9. - 7
Esparza, Patty FA;70�
From: Bogart, Steve >6— j 7 ct-
Sent: Monday, July 11, 2016 11:27 AM / y
To: Esparza, Patty
Subject: RE: ROW Easement- Delaware
Good morning, Patty:
I think the first choice (July 28 and Aug 4) will be better for publishing. I recall the public hearing date is intended to be
Aug 15 so these two dates would give adequate public notice of the ph.
Thanks,
Steve B
From: Esparza, Patty _�----�---
Sent: Friday, July 08, 2016 4:40 PM To: Bogart, Steve
Subject: ROW Easement - Delaware
Hi Steve:
In reading the above resolution going to council on 7/18, what dates do you want the Resolution of Intent
published? July 28 & August 4—OR- August 4 and August 11?
Thanks!
Patty Esparza, C-MC
Senior Deputy City Clerk
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
(714) 536-5260
1
AFFIDAVIT OF PUBLICATION Proof of Publication
STATE OF CALIFORNIA, )
RESOLUTION N0.2 16.25
SS. A RESOLUTION OF THE CITY COUNCICOF THE CITY OF HUNTINGTON BEACH DE„•
County Of Orange ) CLARING INTENT TO PROCESS A GENERAL STREET VACATION
OF THAT CERTAIN PUBLIC RIGHT-OF-WAY EASEMENT:GENERALLY LOCATED"^
AT THE SOUTHERN TERMINUS OF DELAWARE STREET
I am a citizen Of the United States and a resident 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
of the County aforesaid; I am over the a e Of February 9,2016,at which time it was determined,pursuant to Government Code Section
g 65402,.that the proposed-general-street vacation of that certain public right-of-way ease-
ment'g'enerally located at the southern terminus of Delaware Street conformed to the City's .
eighteen years, and not a party to or interested in general plan. .
SECTION 2.Pursuant to Division 9,Part 3,Chapter 2.of the California Streets and High-
the above entitled matter. I am the
h
rind al clerk Ways Code, commencing with Section 8320,the City Council of the City of Huntington
p p Beac hereby declares its intention to process a general street vacation of that certain pub-
lic right-of-way easement generally located at the southern terminus of Delaware Street as
of the er Hunting p ton Beach Wave, a newspa 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
that has been adjudged to be a newspaper of
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,
general circulation by the Superior Court Of the 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
County Of Orange, State of California,on July 1, maps or plans showing the particulars of the proposed general street vacation of that cer-
tain public right-of-way easement generally located at the southern terminus of Delaware
Street,and reference is hereby made to such maps and-plans for particulars as to said
1998, Case No. A-185906 in and for the City of proposed vacation.
SECTION 4.The City Council does hereby fix August 15,2016,at the hour of 6:00 p.m.,
Huntington Beach, County Of Orange, State of 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 va-
cation,which time is not less than fifteen(15)days from the passage.of this resolution.
California; that the notice, Of which the annexed 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 suc
is a true printed copy,has been published in each cessive weeks prior to the time set herein for the public hearing.
SECTION 6.The Director of Public Works is directed to post,orIcause to be posted,noti-
regular and entire issue of said newspaper and ces of vacation conspicuously along the easement proposed to be vacated.at least two
weeks before the date of the hearing The notices shall be posted not more than'300 feet
apart,but at least three notices shall be posted. The notices shall state the day,hour,and
not in any supplement thereof On the following 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,loca_tion of the,ease-
ment proposed to be vacated.
dates, to wit:
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting held thereof on the 18th day of July,2016:
/s/:James Katapodis
Mayor .
July 28,August 4,2016 REVIEWED AND APPROVED . INITIATED AND:APPROVED
/s/,Fred A.Wilson - %s/Travis Hopkins
City Manager .. Director of Public Works
cc - APPROVED I AS TO FORK,
I certify (or declare) under the penalty of ..
/s/Michael Gates
City.Attorn6y
perjury under the laws of the State of California
Putilished:.Tlie Huntington Beach Wave July 28 August 4 201610183176
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California,on
August 4,2016
Signature
Huntington Beach Wave
625 N.Grand Ave.
Santa Ana,CA 92701 C� ' t
(714) 796-2209 �
---,
�3
AFFIDAVIT OF PUBLICATION Proof of Publication
STATE OF CALIFORNIA, ) RESOLUTION NO.2016.25`
SS. 'A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF HUNTINGTON BEACH DIE,"
GLARING INTENT TO PROCESS.A GENERAL STREET VACATION.
County Of Orange ) OF THAT CERTAIN PUBLIC RIGHT;OF-WAY EASEMENT GENERALLY LOCATED'<
AT THE SOUTHERN TERMINUS OF DELAWARE STREET
The City Council of the City of Huntington Beach does hereby resolve as follows:
I am a citizen of the United States and a resident SECTION 1.A public meeting-was held before the Planning Commission'on
February 9,2016,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 ease-
Of the County aforesaid; I am Over the age Of ment generally located at the southern terminus of Delaware Street conformed to lhe,City's
general plan.
eighteen years, and not a party t0 Or interested in SECTION 2.Pursuant•to Division 9,Part 3;,Chapter 2 of the California Streets and High-
ways:Code,commencing with Section 8320,the City Council of the City of Huntington
the above entitled matter. I am the r1nC1 al Clerk Beach hereby declares its intention to process.a general street vacation of that certain pub-
principal 1i lic right-of-way easement generally located at the southern.terminus of Delaware Street as
S described and depicted on the attached Exhibits_A and B which are incorporated herein
of the Huntington Beach Wave, a newspaper by this reference.
I f The City hereby reserves and excepts from the vacation a permanent easement and right
that has been ad ud ed to be a news a er Ol at any time or from time to time,to.construct,maintain,operate,replace,.remove,and/or
g 1i 1i i renew public utility,water or sewer lines,and for the transportation or distribution of water,
including access Jo and from'the properly for said purpose.
general circulation by the Superior Court Of the 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 cer-
tain public right-of-way easement'generally located at the southern terminus of:Delaware
y Orange,g > California, y , Street,and reference is hereby made to such maps,and,plans,fo%particulars as'to said
.,+_ proposed vacation ._.•; -.. ,. ... .,• .,
1998, Case No. A-185906 in and for the City of 7 SECTION 4.The City Council does hereby fix August 15,2016,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,
Huntington Beach, County of Orange, State Of as the time and place for hearing all persons interested in or objecting to the proposed'va-
cation,which time is not less than fifteen(15)days from the passage of this resolution.
California; that the notice, Of Which the annexed } 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 suc-
cessive weeks prior to the time set herein.for the public hearing.
is a true printed copy,has been published in each
SECTION.6.The Director of Public Works is directed to post,'or cause to be posted,noti-
ces of vacation conspicuously along the,easement proposed to be vacated at least two
regular and entire issue Of said newspaper and weeks before the.date of the hearing. The notices shall be posted not more than 300 feet
apart,but at least three notices shall be posted. The notices shall state the day,hour,and'
place of the hearing,and shall refer.to the adoption of this resolution of intention,and shall
not in any supplement thereof On the following describe the easement or shall include a map,or plan showing the location of the ease-
ment proposed to be vacated.
dates, t0 Wit: PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular. ,
meeting held thereof on the 18th day of July,2016.
/s/James Kaiapodis
Mayor
.Tula'28,August 4,2016 REVIEWED AND APPROVED .. - INITIATED AND APPROVED:
/s/ Fred A.Wilson /s/Travis Hopkins
City Manager Director of Public Works
... "APPROVEDAS,TO'FORK, `
"I certify (or declare) under the penalty of s/.Michae'Gales
City Attorney
perjury Under the laws Of the State Of California Published:The Huntington Beach Wave July 28 August 4 2016 101831 76
that the foregoing is true and correct":
Executed at Santa Ana, Orange County, ^�
California, on -
August 4,2016 fir=
Signature a
Huntington Beach Wave -,
625 N.Grand Ave.
Santa Ana, CA 92701
(714)796-2209 —