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HomeMy WebLinkAboutResolution Nos. 2020-66 and 2020-67 - Summary of Vacations o -7 0 City of Huntington Beach File #: 20-1929 MEETING DATE: 10/19/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Sean Crumby, Director of Public Works Subject: Adopt Resolution Nos. 2020-66 and 2020-67 ordering the Summary Vacations of Easements over portions of Delaware Street and Huntington Street in the City of Huntington Beach; and, authorize recordation and execution of a Warranty Deed transferring the vacated portion of Delaware Street to Surf City Beach Cottages, L.P. Statement of Issue: The Public Works Department requests that City Council adopt two (2) resolutions to summarily vacate certain portions of existing public street easements along Delaware Street and Huntington Street pursuant to California Streets and Highways Code 8334(a). The City Council is also requested to approve and authorize the execution of a Warranty Deed transferring the vacated portion of Delaware Street to Surf City Beach Cottages, L.P. ("SCBC"). Financial Impact: No funding is required for this action. Recommended Action: A) Adopt Resolution No. 2020-66, "A Resolution of the City Council of the City of Huntington Beach Ordering the Summary Vacation of an Easement Over a Portion of Delaware Street in the City of Huntington Beach" (Attachment 1); and, B) Adopt Resolution No. 2020-67, "A Resolution of the City Council of the City of Huntington Beach Ordering the Summary Vacation of an Easement Over a Portion of Huntington Street in the City of Huntington Beach" (Attachment 2); and, C) Instruct the City Clerk to record Resolution No. 2020-66 and Resolution No. 2020-67 and the respective attached exhibits with the Orange County Recorder. D) Approve and authorize the City Manager to execute the Warranty Deed (Attachment 8), with City of Huntington Beach Page 1 of 3 Printed on 10/14/2020 powereA*LegistarTM File #: 20-1929 MEETING DATE: 10/19/2020 minor modifications in a form approved by the City Attorney, and any documents needed to process the transfer of the portion of Delaware Street. Alternative Action(s): Deny the recommended action to adopt Resolution Nos. 2020-66 and 2020-67 with findings for denial. Denial would cause the City to be in default of the terms of the Settlement Agreement between the City and SCBC, which requires the vacation of the subject easements and conveyance of said property to SCBC by December 4, 2020. Analysis: Street Vacations The subject easement areas are located at the west and east frontages of the SCBC mobile home park, which is bounded by Atlanta Avenue to the north, Huntington Street to the west, Delaware Street to the east, and Pacific View Avenue to the south (Attachment 3). As a result of the City's recent Atlanta Avenue Widening Project, the City entered into a Settlement Agreement with SCBC, wherein the City agreed to vacate a portion of Delaware Street and a portion of Huntington Street. The street widening project was completed earlier this year. The Settlement Agreement stipulates that the City must vacate these partial right-of-ways after completion of construction, but no later than December 4, 2020. The portion of Delaware Street to be vacated consists of the westerly 33 feet (approximately 630 feet in length), south of Atlanta Avenue, and which abuts the SCBC property. This Delaware Street portion to be vacated is more precisely portrayed in the legal description and plat map of Attachment 4 (Exhibit A). The portion of Huntington Street to be vacated consists of the easterly 6-foot wide strip of the existing 30-foot wide easement that runs approximately one thousand (1,000) feet along SCBC's Huntington Street frontage. See Attachment 5 (Exhibit D) for the legal description and plat map of said area to be vacated. Public Works staff have determined that the subject easement areas are no longer necessary to provide public right-of-ways and may be vacated without affecting the efficiency or effectiveness of any arterial circulation system. Pursuant to the California Streets and Highways Code, the City may process Summary Vacations for said easement areas, because they are considered excess street right-of-way, are not required for street or highway purposes, and there are no public utility facilities that are in use, nor would be affected by the proposed vacations. Unlike the General Street Vacation process, a Summary Street Vacation process does not have public noticing requirements, nor does it require a separate public hearing prior to City Council action. After Council's adoption, the resolutions shall be recorded with the Orange County Recorder to affect the subject easement vacations. On September 22, 2020, the Planning Commission approved General Plan Conformance (GPC) 20- 003 (Attachment 6) for the proposed Delaware Street vacation and GPC 20-002 (Attachment 7) for the proposed Huntington Street vacation with findings that the proposed street vacations conform to City of Huntington Beach Page 2 of 3 Printed on 10/14/2020 powered4q,LegistarTV File #: 20-1929 MEETING DATE: 10/19/2020 the City's General Plan. Property Transfer As required by the executed Settlement Agreement, the City is to convey the vacated portion of Delaware Street to SCBC. Said conveyance must be transferred by means of a Warranty Deed, free of encumbrances, and said conveyance must occur prior to December 4, 2020, or the City will be in default of the Settlement Agreement. Public Works Commission Action: Not required. Environmental Status: The proposal is categorically exempt from the California Environmental Quality Act, pursuant to City Council Resolution No. 4501, Class V: Alterations in Land Use Limitations, sub-section (a) minor street, alley and utility easement vacations. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Resolution No. 2020-66, "A Resolution of the City Council of the City of Huntington Beach Ordering the Summary Vacation of an Easement Over a Portion of Delaware Street in the City of Huntington Beach" 2. Resolution No. 2020-67, "A Resolution of the City Council of the City of Huntington Beach Ordering the Summary Vacation of an Easement Over a Portion of Huntington Street in the City of Huntington Beach" 3. Location Map showing locations of proposed easement vacations at Delaware and Huntington Streets 4. Legal Description and Plat Map for the Delaware Street portion to be vacated 5. Legal Description and Plat Map for the Huntington Street portion to be vacated 6. Notice of Action - General Plan Conformance 20-003 (Delaware Street Vacation) 7. Notice of Action - General Plan Conformance 20-002 (Huntington Street Vacation) 8. Warranty Deed City of Huntington Beach Page 3 of 3 Printed on 10/14/2020 powered64 LegistarT" 3 Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder PLEASE COMPLETE THIS INFORMATION II I I II III I I II II I I I I I III I II NO FEE F RECORDING REQUESTED BY: 1 9 2020000591720 2:08pm 10121120 City of Huntington Beach 93 RW10A R28 7 Attn: Robin Estanislau, City Clerk Huntington Beach, CA 92648 0.00 0.00 0.00 0.00 18.00 0.00 0.000.000.00 0.00 AND WHEN RECORDED MAIL TO: S THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT: Resolution No. 2020-66 E A Resolution of the City Council of the City of Huntington Beach Ordering the Summary Vacation of an Easement Over a Portion of Delaware Street In the City of Huntington Beach x s y { I 3 f I S I 9 j f f r E This doaxrwft Is so*for the offlciN i buskres of the City of Huntkvton Beech, as oontsmplrted under Governnom Code F Sec.27383 and shouk m recorded free of c wq& j. s THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) . x RESOLUTION NO. 2020-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE SUMMARY VACATION OF AN EASEMENT OVER A PORTION OF DELAWARE STREET IN THE CITY OF HUNTINGTON BEACH WHEREAS, the City Council of the City of Huntington Beach wishes to summarily vacate portions an easement over Delaware Street in the City of Huntington Beach because the subject easement has been determined to be excess right-of-way by Public Works staff and is not needed for future vehicular or pedestrian circulation or for public utility access; and A General Plan Conformance No. 20-003, to determine whether the subject vacation request conforms to the City's General Plan, was approved by the City Planning Commission on January 23, 2019. 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 8333,the City Council of the City of Huntington Beach hereby orders the summary vacation of portions of an easement over Delaware Street in the City of Huntington Beach and more particularly described on Exhibit A attached and incorporated herein by this reference. 2. The City Council does hereby confirm that the portions of the easement herein vacated have been determined to be excess right-of-way by Public Works staff and is not needed for future vehicular or pedestrian circulation and that there are no other public facilities located within the portions of the easement. 3. The City Council hereby declares that from and after the date of the recordation of this resolution that the portions of the easements herein identified shall no longer constitute a public service easement. 19-7356/197159 1 Resolution No. 2020-66 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of October , 2020. May16r RE WED D„APPROVED: APP OVED AS TO FORM: City Manager Q City Attorney INITrec IATED AND Ditor of ub P is orks 20-9007/235522 2 Pesv/jjh'r&I1O. -2-020- 00 EXHIBIT A THAT PARCEL OF LAND LOCATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF TRACT 9580, FILED IN BOOK 444, PAGES 29 THROUGH 31 INCLUSIVE, OF MISCELLANEOUS MAPS, IN RECORDS OF SAID COUNTY, ALSO BEING A PORTION OF DELAWARE STREET AS DEDICATED TO THE CITY OF HUNTINGTON BEACH FOR STREET PURPOSES . UPON .THE MAP FOR SAID TRACT 9580, THE PURPOSE OF THIS LEGAL DESCRIPTION IS TO DESCRIBE A PORTION OF SAID DEDICATED ROADWAY TO BE VACATED, SAID PORTION TO BE VACATED BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID TRACT 9580 THENCE SOUTHERLY ALONG THE WESTERLY LINE OF 'SAID TRACT 9580, SOUTH 00'43'14" EAST, 50.05 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE NORTH 89'06'11 " EAST, 4.91 FEET; THENCE SOUTH 46'50'42" EAST, 38.97 FEET TO THE NORTHERLY TERMINUS OF A LINE PARALLEL TO AND 7.00 FEET WESTERLY OF THE CENTERLINE OF DELAWARE STREET, SAID CENTERLINE BEING CENTERED EQUALLY WITHIN A STRIP OF LAND 80 FEET WIDE, AS DEDICATED UPON SAID TRACT 9580; THENCE SOUTHERLY ALONG SAID PARALLEL LINE SOUTH 00'43'14" EAST, 577.86 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 53.00 FEET; THENCE SOUTHERLY AND SOUTHWESTERLY THROUGH A CENTRAL ANGLE OF 36'40'42", AND ARC LENGTH OF 33.93 FEET, TO THE THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 47.00 FEET; THENCE SOUTHWESTERLY, THROUGH A CENTRAL ANGLE OF 05'01 '25", AND ARC LENGTH OF 4.12 FEET TO A POINT, A RADIAL BEARING TO SAID POINT BEARING NORTH 59'03'57" WEST; THENCE NON-TANGENT TO LAST SAID CURVE SOUTH 89'16'46" WEST, 20.19 FEET TO THE WEST LINE OF SAID TRACT 9580; LEGAL DESCRIPTION 1 OF 3 DELAWARE STREET VACATION CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS EXHIBIT A THENCE NORTHERLY ALONG SAID WEST LINE NORTH 00'43'14" WEST, 639.92 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION. CONTAINING 20,593 SQUARE FEET (0.47 ACRES) MORE OR LESS. AS SHOWN ON EXHIBIT "9" SHEET 3 OF 3, ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS-OF-WAY, EASEMENTS AND LEASES OF RECORD, IF ANY. SAND JOSEPH G. DERLETH PLS 7340 EXPIRES 12/31 /19 � EXP. 12-31-19 L.S. 7340 TF OF CALIF�E� LEGAL DESCRIPTION 2 OF 3 DELAWARE STREET VACATION *J'j iff CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS HUNTINGTON ST (N'LY) EXHIBIT A DETAIL 2 (N.T.S.) NORTH LINE SEC 14, DELAWARE ST. DELAWARE ST. SEE DETAIL 1 T.6S., R.11 W. QUITCLAIMED DEDICATION AREA PER R1).I 'AREA PER (R). 8 POINT OF COMMENCEMENT, NW LY ( L7 OR. TRACT 9580, 444/29-31 M.M. I , I TRUE POINT L1 3 OF BEGINNING ATLANTA AVE C2 i C1 r w (� -, - ---- ---.90 00 00 i s I Iw L5 L6 W J 40 r--L;O. I L�'� R ----�o I I r I ..:N N N z� : . ..:'. m Qi oC°o .... I I . j DELAWARE ST \ ` LU :: m Ir- j ( -LEGEND: I I VACATED PER (R2) z I I �UNE`� (R) = RECORD PER TRACT 9580, M.M. 444/29-31. Z ~ :: - w i (R1)= RECORD PER QUITCLAIM DEED TO CITY OF HUNTINGTON BEACH RECORDED 12/28/2015, _ w I I QI AS DOCUMENT No. 2015000650792. a w I o i �I (R2)=RECORD PER CITY OF HUNTINGTON BEACH w cn o o to a RESOLUTION 2016-26, VACATING THAT Z z ... I i BAY�PK CERTAIN RIGHT-OF-WAY EASEMENT cr) GENERALLY LOCATED AT THE SOUTHERN uj TERMINUS OF DELAWARE ST. J Z 40' , L� I LINE TABLE: 0 III L1-- S00'43 14 E, 50.05 7 I I L2= N89'06'11"E 4.91' N 33 _ ___ �d o - ' L3= S46'50'42"E, 38.97' Z (A z I 0 -"L _ - L4= N59'03'57"W, RAD - 1 90 00100" L5= S89'16'46"W, 20.19' L6 L6= S89'16'46"W, 59.81' SEE L7= (N89'43'00"E, 660.04' R) DETAIL 2 ------- L8= (N89'43'00"E, 1.50' R) SW COR. LOT 10, TRACT L9= S00'43'14"E, 577.86' 9580, AS ADJUSTED BY W'LY LINE L.L.A. 97-06, 13394/420 L10= N00'43'14"W, 639.92' TRACT 9580, _ O.R. DETAIL 1 (N.T.S.) TRUE POINT 444/29-31 ���- ---- ATLANTA AVE OF BEGINNING M.M. =PORTION OF DELAWARE `L7_ _ ST., QUITCLAIMED TO THE I DELAWARE ST. CITY OF HUNTINGTON L1 ; L2 VACATED PER :' BEACH, PER (R1), ' (R2). CONTAINING 20,593 SQ 3 iE FT, (0.47 ACRES) MORE O OR LESS. CURVE TABLE: -j i $ C1= DELTA= 36'40'42", RAD= 53.00', L= 33.93' GRAPHIC SCALE C2= DELTA= 05'01'25", RAD= 47.00', L= 4.12' �7'I 1 inch =150 ft. PLAT 3 OF 3 DELAWARE STREET VACATION •J J CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Res. No. 2020-66 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, 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 October 19, 2020 by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, Brenden NOES: None ABSENT: None RECUSE: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Recorded in Official Records, Orange County I Hugh Nguyen, Clerk-Recorder x PLEASE COMPLETE THIS INFORMATION II I I II II I I I II II I I I I I III) II NO FEE RECORDING REQUESTED BY: * $ R o o z i 5 9 8 7 6 $ City of Huntington Beach 2020000591771 2:08 pm 10/21/20 Attn: Robin Estanislau, City Clerk 93 RW10A R28 7 Huntington Beach, CA 92648 0.00 0.00 0.00 0.00 18.00 0.00 0.000.000.00 0.00 3 AND WHEN RECORDED MAIL TO: s r i f } THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT: 4 t f Resolution No. 2020-67 i 1 A Resolution of the City Council of the City of Huntington Beach Ordering the Summary Vacation of an Easement Over a Portion of Huntington Street In the City of Huntington Bach i s i 3 S 4 3{ i 1 A i J { This q dommeM y y�In solely} r t e�p� h of City of untirvton 7 as conten~W IWr Woven nerit Code Sec.27383 ad sho d(dte recorded frw of charge. { THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION 4 (Additional recording tee applies) i RESOLUTION NO. 2020-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE SUMMARY VACATION OF AN EASEMENT OVER A PORTION OF HUNTINGTON STREET IN THE CITY OF HUNTINGTON BEACH WHEREAS,the City Council of the City of Huntington Beach wishes to summarily vacate portions an easement over Huntington Street in the City of Huntington Beach because the subject easement has been determined to be excess right-of-way by Public Works staff and is not needed for future vehicular or pedestrian circulation or for public utility access; and A General Plan Conformance No. 20-002, to determine whether the subject vacation request conforms to the City's General Plan, was approved by the City Planning Commission on January 23, 2019. 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 8333, the City Council of the City of Huntington Beach hereby orders the summary vacation of portions of an easement over Huntington Street in the City of Huntington Beach and more particularly described on Exhibit A attached and incorporated herein by this reference. 2. The City Council does hereby confirm that the portions of the easement herein vacated have been determined to be excess right-of-way by Public Works staff and is not needed for future vehicular or pedestrian circulation and that there are no other public facilities located within the portions of the easement. 3. The City Council hereby declares that from and after the date of the recordation of this resolution that the portions of the easements herein identified shall no longer constitute a public service easement. 19-7356/197159 1 Resolution No. 2020-67 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of October , 2020. t ay r RE I W D A APPROVED: APPROVED AS TO FORM: City Manager �, ity Attorney INITI ED AN RO D: Director of Public Works 20-9007/235523 2 EXHIBIT A THAT PARCEL OF LAND LOCATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF THE LAND AS DESCRIBED IN CITY OF HUNTINGTON BEACH RESOLUTION 1125, RECORDED 21 JULY, 1950, IN BOOK 2045, PAGE 52, OF OFFICIAL RECORDS OF SAID COUNTY; SAID RESOLUTION ACCEPTING RIGHT-OF-WAY DEED TO CERTAIN PROPERTY FOR STREET PURPOSES, AND AUTHORIZING THE RECORDATION OF THE SAME; SAID RESOLUTION ACCEPTED THIS RIGHT-OF-WAY, 60 FEET IN WIDTH, (CURRENTLY KNOWN AS HUNTINGTON STREET) CENTERED EQUALLY ALONG THE WEST LINE OF THE EAST HALF (1 /2), OF THE NORTHWEST QUARTER (1/4), OF THE NORTHEAST QUARTER (1 /4), OF FRACTIONAL SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST, RANCHO LAS BOLSAS, AS SHOWN ON THE MAP FILED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, IN RECORDS OF SAID COUNTY. THE PURPOSE OF THIS LEGAL DESCRIPTION IS TO DESCRIBE A PORTION OF SAID RIGHT-OF-WAY FOR STREET PURPOSES TO BE VACATED; SAID PORTION TO BE VACATED BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE EAST HALF (1/2) OF THE NORTHWEST QUARTER (1 /4) OF THE NORTHEAST QUARTER (1/4), OF SAID FRACTIONAL SECTION 14, THENCE SOUTHERLY ALONG SAID WEST LINE OF SAID EAST HALF (1/2), SOUTH 00'43'19" EAST, 82.42 FEET; THENCE AT RIGHT ANGLES TO SAID WEST LINE NORTH 89`16'41 " EAST, 30.00 FEET TO THE SOUTHWESTERLY CORNER OF THOSE LANDS DESCRIBED IN EXHIBIT "A", OF CITY OF HUNTINGTON BEACH RESOLUTION 2016-60, DECLARING THE NECESSITY FOR CONDEMNATION OF A PORTION OF 80 HUNTINGTON STREET AND ACQUIRING A PERMANENT STREET EASEMENT OVER THE SAME, SAID SOUTHWEST CORNER BEING THE SOUTHWESTERLY TERMINUS OF THAT SOUTHERLY LINE OF THE LANDS DESCRIBED IN SAID EXHIBIT "A", BEARING SOUTH 42'18'42" WEST, 36.94 FEET, SAID SOUTHWESTERLY CORNER ALSO BEING THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTHWESTERLY ALONG THE SOUTHWESTERLY EXTENSION OF SAID SOUTHERLY LINE SOUTH 42'18'42" WEST, 8.79 FEET TO A THE NORTHERLY TERMINUS OF A LINE PARALLEL TO AND 24.00 FEET EASTERLY OF SAID WEST LINE OF SAID EAST HALF (1 /2); THENCE SOUTHERLY ALONG SAID PARALLEL LINE SOUTH 00'43'19" EAST, 961.73 FEET; LEGAL DESCRIPTION 1 OF 3 HUNTINGTON STREET VACATION CITY OF HUNTINGTON BEACH REV 2 DEPARTMENT OF PUBLIC WORKS 6.00' EXH I BIT A THENCE AT RIGHT ANGLES TO SAID PARALLEL LINE NORTH 89'16'41" EAST, 6.00 FEET, TO THE SOUTHERLY TERMINUS OF A LINE PARALLEL TO AND 30.00 FEET EASTERLY OF SAID WEST LINE, OF SAID EAST HALF (1/2), SAID SOUTHERLY TERMINUS BEING A POINT ALONG THE EAST LINE OF HUNTINGTON STREET AS DEDICATED PER SAID CITY RESOLUTION 1125; THENCE NORTHERLY ALONG LAST SAID PARALLEL LINE NORTH 00'43'19" WEST, 968.16 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION.; CONTAINING 5790 SQUARE FEET (0.13 ACRES) MORE OR LESS. AS SHOWN ON EXHIBIT "7", SHEET 3 OF 3, ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS-OF-WAY, EASEMENTS AND LEASES OF RECORD, IF ANY. LAND G,p0A O p EXP. 12-31-19 X JOSEPH G. DERLETH PLS 7340 EXPIRES 12/31/19 Jj9��L.S. 7340 OF CALF :LEGAL DESCRIPTION 2 OF 3 HUNTINGTON STREET VACATION CITY OF HUNTINGTON BEACH REV 2 DEPARTMENT OF PUBLIC WORKS 6.00 2 Res. No. 2020-67 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, 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 October 19, 2020 by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, Brenden NOES: None ABSENT: None RECUSE: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 03 HUNTINGTON STREET AND DELAWARE STREET Atlanta Ave. -_�-�VACATION AREA VACATION AREA ""=-2 ,..r StarSF@!!Dt tSeptune`J�� � J J -ry Pace c N c � C,1 0 a y;. s m $ayPor!Dr a c 3 c d i SeagienTr 'acific City _ e of r! �^ Mammastpr _ r S} 7 t, Salboat Gr . { lJJ Location Map 57 EXH I BIT A THAT PARCEL OF LAND LOCATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF TRACT 9580, FILED IN BOOK 444, PAGES 29 THROUGH 31 INCLUSIVE, OF MISCELLANEOUS MAPS, IN RECORDS OF SAID COUNTY, ALSO BEING A PORTION OF DELAWARE STREET AS DEDICATED TO THE CITY OF HUNTINGTON BEACH FOR STREET PURPOSES . UPON .THE MAP FOR SAID TRACT 9580, THE PURPOSE OF THIS LEGAL DESCRIPTION IS TO DESCRIBE A PORTION OF SAID DEDICATED ROADWAY TO BE VACATED, SAID PORTION TO BE VACATED BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID TRACT 9580 THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID TRACT 9580, SOUTH 00`43'14" EAST, 50.05 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE NORTH 89`06'11 " EAST, 4.91 FEET; THENCE SOUTH 46°50'42" EAST, 38.97 FEET TO THE NORTHERLY TERMINUS OF A LINE PARALLEL TO AND 7.00 FEET WESTERLY OF THE CENTERLINE OF DELAWARE STREET, SAID CENTERLINE BEING CENTERED EQUALLY WITHIN A STRIP OF LAND 80 FEET WIDE, AS DEDICATED UPON SAID TRACT 9580; THENCE SOUTHERLY ALONG SAID PARALLEL LINE SOUTH 00°43'14" EAST, 577.86 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 53.00 FEET; THENCE SOUTHERLY AND SOUTHWESTERLY THROUGH A CENTRAL ANGLE OF 36°40'42", AND ARC LENGTH OF 33.93 FEET, TO THE THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 47.00 FEET; THENCE SOUTHWESTERLY, THROUGH A CENTRAL ANGLE OF 05°01 '25", AND ARC LENGTH OF 4.12 FEET TO A POINT, A RADIAL BEARING TO SAID POINT BEARING NORTH 59°03'57" WEST; THENCE NON-TANGENT TO LAST SAID CURVE SOUTH 89`16'46" WEST, 20.19 FEET TO THE WEST LINE OF SAID TRACT 9580; LEGAL DESCRIPTION 1 OF 3 DELAWARE STREET VACATION CITY OF HUNTINGTON BEACH FE I DEPARTMENT OF PUBLIC WORKS 58 EXHIBIT A THENCE NORTHERLY ALONG SAID WEST LINE NORTH 00`43'14" WEST, 639.92 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION. CONTAINING 20,593 SQUARE FEET (0.47 ACRES) MORE OR LESS. AS SHOWN ON EXHIBIT "9" SHEET 3 OF 3, ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS-OF-WAY, EASEMENTS AND LEASES OF RECORD, IF ANY. Atro --- �AND JOSEPH G. DERLETH44 PLS 7340 EXPIRES 12/31 /19 EXP. 12-31-19 L.S. 7340 T� 0 CA\-\F LEGAL DESCRIPTION 2 OF 3 DELAWARE STREET VACATION CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS HUNTINGTON ST (N'LY) EXHIBIT A DETAIL 2 (N.T.S.) NORTH LINE SEC 14, DELAWARE ST. DELAWARE ST. SEE T.6S., R.11 W. QUITCLAIMED DEDICATION DETAIL 1 NW'LY AREA PER (R1).I AREA PER (R). L8V14 COMMENCEMENT, 1 CT 9580, 444/29-31 M.M. , I RUE POINT I F BEGINNING ATLANTA AVE C2 C1 r z 00 00 L5 L6 w I L�"1 �� __-_�o I I - I r -0 I ;.. N Z) :.... °' I' I ..j I I . ;:�.,H ::; DELAWARE ST \ 0 '.,•. co w LEGEND: I I VACATED PER (R2) Cn H Q I� I ' �� (R) = RECORD PER TRACT 9580, M.M. 444/29-31. w VA TIE S z F- L i �_-- (R1)= RECORD PER QUITCLAIM DEED TO CITY OF °' - : � HUNTINGTON BEACH RECORDED 12/28/2015, f- _ w ( I al AS DOCUMENT No. 2015000650792. Q w I o o �I (R2)= RECORD PER CITY OF HUNTINGTON BEACH w m o o to i RESOLUTION 2016-26, VACATING THAT Z Z o �ppo-j`E DR CERTAIN RIGHT-OF-WAY EASEMENT `J GENERALLY LOCATED AT THE SOUTHERN L 0� TERMINUS OF DELAWARE ST. z Lj 40' , l ' I LINE TABLE: Z - _ 0 I I I L1= SOO'43'14"E, 50.05' N 33 I ' I L2= N89'06'11"E, 4.91' L3= S46'50'42"E, 38.97' 00 z uj z ; "L -- L4= N59°03'57"W, RAIDC1 90 00'00" L5= S89'16'46"W, 20.19' L6 ` 1. ` ` '' L __ L6= S89'16'46"W, 59.81' SEE Q L arE��R L7= (N89'43'00"E, 660.04' R) DETAIL 2 -----`� L8= (N89'43'00"E, 1.50' R) SW COR. LOT 10, TRACT L9= S00'43'14"E, 577.86' 9580, AS ADJUSTED BY W'LY LINE L.L.A. 97-06, 13394/420 L10= N00'43'14"W, 639.92' TRACT 9580, -0•R 444/29-31 DETAIL 1 (N.T.S.) TRUE POINT �- -__-- M.M. =PORTION OF DELAWARE -L7 ATLANTA AVE OF BEGINNING ST., QUITCLAIMED TO THE i DELAWARE ST. CITY OF HUNTINGTON L1 I L2 VACATED PER ::: BEACH, PER (R1), i (R2). CONTAINING 20,593 SQ 3 FT, (0.47 ACRES) MORE O OR LESS. CURVE TABLE: i J C1= DELTA= 36'40'42", RAD= 53.00', L= 33.93' GRAPHIC SCALE C2= DELTA= 05'01'25", RAD= 47.00', L= 4.12' �7'I 1 inch =150 ft. PLAT 3 OF 3 DELAWARE STREET VACATION CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS t9 -Lyl mevr zz�� EXHIBIT THAT PARCEL OF LAND LOCATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF THE LAND AS DESCRIBED IN CITY OF HUNTINGTON BEACH RESOLUTION 1125, RECORDED 21 JULY, 1950, IN BOOK 2045, PAGE 52, OF OFFICIAL RECORDS OF SAID COUNTY; SAID RESOLUTION ACCEPTING RIGHT-OF-WAY DEED TO CERTAIN PROPERTY FOR STREET PURPOSES, AND AUTHORIZING THE RECORDATION OF THE SAME; SAID RESOLUTION ACCEPTED THIS RIGHT-OF-WAY, 60 FEET IN WIDTH, (CURRENTLY KNOWN AS HUNTINGTON STREET) CENTERED EQUALLY ALONG THE WEST LINE OF THE EAST HALF (1 /2), OF THE NORTHWEST QUARTER (1/4), OF THE NORTHEAST QUARTER (1 /4), OF FRACTIONAL SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST, RANCHO LAS BOLSAS, AS SHOWN ON THE MAP FILED IN BOOK 51 , PAGE 14 OF MISCELLANEOUS MAPS, IN RECORDS OF SAID COUNTY. THE PURPOSE OF THIS LEGAL DESCRIPTION IS TO DESCRIBE A PORTION OF SAID RIGHT-OF-WAY FOR STREET PURPOSES TO BE VACATED; SAID PORTION TO BE VACATED BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE EAST HALF (1/2) OF THE NORTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4), OF SAID FRACTIONAL SECTION 14, THENCE SOUTHERLY ALONG SAID WEST LINE OF SAID EAST HALF (1/2), SOUTH 00°43'19" EAST, 82.42 FEET; THENCE AT RIGHT ANGLES TO SAID WEST LINE NORTH 89°16'41" EAST, 30.00 FEET TO THE SOUTHWESTERLY CORNER OF THOSE LANDS DESCRIBED IN EXHIBIT "A", OF CITY OF HUNTINGTON BEACH RESOLUTION 2016-60, DECLARING THE NECESSITY FOR CONDEMNATION OF A PORTION OF 80 HUNTINGTON STREET AND ACQUIRING A PERMANENT STREET EASEMENT OVER THE SAME, SAID SOUTHWEST CORNER BEING THE SOUTHWESTERLY TERMINUS OF THAT SOUTHERLY LINE OF THE LANDS DESCRIBED IN SAID EXHIBIT "A", BEARING SOUTH 42°18'42" WEST, 36.94 FEET, SAID SOUTHWESTERLY CORNER ALSO BEING THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTHWESTERLY ALONG THE SOUTHWESTERLY EXTENSION OF SAID SOUTHERLY LINE SOUTH 42°18'42" WEST, 8.79 FEET TO A THE NORTHERLY TERMINUS OF A LINE PARALLEL TO AND 24.00 FEET EASTERLY OF SAID WEST LINE OF SAID EAST HALF (1/2); THENCE SOUTHERLY ALONG SAID PARALLEL LINE SOUTH 00°43'19" EAST, 961.73 FEET; LEGAL DESCRIPTION 1 OF 3 HUNTINGTON STREET VACATION FOE La CITY OF HUNTINGTON BEACH REV 2 DEPARTMENT OF PUBLIC WORKS 6.90' EXHIBIT D THENCE AT RIGHT ANGLES TO SAID PARALLEL LINE NORTH 89°16'41 " EAST, 6.00 FEET, TO THE SOUTHERLY TERMINUS OF A LINE PARALLEL TO AND 30.00 FEET EASTERLY OF SAID WEST LINE, OF SAID EAST HALF (1/2), SAID SOUTHERLY TERMINUS BEING A POINT ALONG THE EAST LINE OF HUNTINGTON STREET AS DEDICATED PER SAID CITY RESOLUTION 1125; THENCE NORTHERLY ALONG LAST SAID PARALLEL LINE NORTH 00'43'19" WEST, 968.16 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; CONTAINING 5790 SQUARE FEET (0.13 ACRES) MORE OR LESS, AS SHOWN ON EXHIBIT "7", SHEET 3 OF 3, ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS-OF-WAY, EASEMENTS AND LEASES OF RECORD, IF ANY. SAND G.. l ' EXP. 12-31-19 JOSEPH G. DERLETH PLS 7340 EXPIRES 12/31/19 9p�L.S. 7340 OF LEGAL DESCRIPTION 2 OF 3 HUNTINGTON STREET VACATIONReLlp CITY OF HUNTINGTON BEACH REV 2 DEPARTMENT OF PUBLIC WORKS 6 V�' POINT OF COMMENCEMENT, BEING THE NW CORI E 1/2, NW 1/4, NE 1/4, EXHIBIT D FRAC SEC 14, T.6S., R.11W., RANCHO LAS BOLSAS. N'LY LINE, FRAC SEC 14. �HUNTINGTON ST (NORTH) L,__(N89*43'00"E)— 30 ATLANTA AVE '3 0 2 --,Lf ---1- -4 '00' "T— j::3U_ CL ATLANTA AVE (N89 3 Z�l SEE DETAIL "A"I TRUE POINT OF r�!DINT OF _ 30' ­- "..r. :73 1..) "-BEGINNING DMMENCEMENT 30, 30' -6.00' n. A U) z REFERENCE: 0 L2 1A 0 c:) RECORD PER RECORD OF _;� _p: G) TRUE POINT OF rr-) CA C4 SURVEY 2012-1014, --1 IBEGINNING _: __: 0 Cz (0 �D 261/1 -10 R.S.B. z 2: 119 ::E Ln VACATION AREA=5790 SQ FF CD z C� (0.13 ACRES) MORE OR LESS G) -PI, -- Co 6.00' q cli --J WILY LINE E 1/2, NW 1/4, 0 11 0 - L4 z NE 1/4, FRAC SEC 14, T,6S., :r �24.00 Ln —R.11W., RANCHO LAS BOLSAS, 30' — PER R.S. 2012-1014, R.S.B. DETAIL "All �4 — -6.00' 261/1-10. 0 N.T.S. Cz NOTE: —EAST LINE OF HUNTINGTON STREET CD= PORTION OF LANDS (60' WIDE), PER CITY RESOLUTION DESCRIBED IN EXHIBIT "A" 1125, RECORDED IN BOOK 2045, OF CITY OF HUNTINGTON PACE 52 OF OFFICIAL RECORDS. BEACH RESOLUTION 2016-60. r- -30 . .... 1 .00 1 ..... LINE TABLE: SEE DETAIL "B' Ll=SOO*4,3'19"E, 82.421 C: L-L5 L2=N89'16'41"E, 30.00' z L3=S42*1 8'42"W, 8.79' z L4=S00'43'19"E, 961.73' G) I inch 200 ft. 1­-2 4.00' L5=N89*1 6'41"E, 6.00' L6=NOO*43'19"W, 968.16' r Ln CY) L7=S42'1 8'42"W, 3 6.9 4' 41 6.00 =(N89'43'00"E, 1.50') V) L11 2�8 --------- 0 (N89-42'47"E) L5 /S'LY LINE, Nl/2, NE 1/4, FRAC SEC 14, T.6S., R.11W., PER 261/1-10 R.S.B. DETAIL "B" N.T.S. P LAT 3 OF 3 HUNTINGTON STREET VACATION CITY OF HUNTINGTON BEACH REV 2 DEPARTMENT OF PUBLIC WORKS 6.0'0 9 Huntington Beach Planning Commission ® 2000 MAIN STREET CALIFORNIA 92648 NOTICE OF ACTION September 23, 2020 City of Huntington Beach Public Works Department 2000 Main Street Huntington Beach CA 92648 SUBJECT: GENERAL PLAN CONFORMANCE NO. 20-003 (DELAWARE ST. VACATION) APPLICANT: Public Works Department, City of Huntington Beach REQUEST: To determine if the vacation of the westerly 33 feet of Delaware St., south of Atlanta Ave., is in conformance with the goals and policies of the General Plan. LOCATION: 80 Huntington St-Approximately 630 feet in length on the West side of Delaware St., south of Atlanta Ave. DATE OF ACTION: September 22, 2020 On Tuesday, September 22, 2020, the Huntington Beach Planning Commission took action on your application, and approved your request by adopting Resolution No. 1713, approving General Plan Conformance No. 20-003. Attached to this letter are Resolution No. 1713 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 Two Thousand, Three Hundred Fifty-Three Dollars ($2,353.00) if the appeal is filed by a single family dwelling property owner appealing the decision on his own property and Three Thousand, Seven Hundred Seventy-Eight Dollars ($3,778.00) 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 Friday, October 2, 2020, at 5:00 PM. 64 Phone 714-536-5271 Fax 714-374-1540 www.surfcity-hb.org Notice of Action GPC 20-003 September 23, 2020 Page 2 If you have any questions, please contact Jane James, the project planner, at jjames@surfcity- hb.org or (714) 536-5596 or the Community Development Department Zoning Counter at (714) 536-5271. Sincerely, Ursula Luna-Reynosa, Secretary Planning Commission By: VUI!.----- Jane)James Planning Manager ULR:JJ:kdc Attachments: 1. Resolution No. 1713 c: Honorable Mayor and City Council Chair and Planning Commission Oliver Chi, City Manager Ursula Luna-Reynosa, Director of Community Development Tim Andre, Fire Division Chief Mike Vigliotta, Chief Assistant City Attorney Debbie DeBow, Principal Civil Engineer Eric Haghani, Building Manager Property Owner Project File 65 RESOLUTION NO. 1713 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HUNTINGTON BEACH FINDING THE VACATION OF A 20,593 SQ. FT. UNDEVELOPED PORTION OF AN EASEMENT FOR PUBLIC STREET AND HIGHWAY PURPOSES ON DELAWARE STREET, SOUTH OF ATLANTA AVENUE, IS IN CONFORMANCE WITH THE GOALS AND POLICIES OF THE GENERAL PLAN (GENERAL PLAN CONFORMANCE NO. 20-003) 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, staff has reviewed the subject request and submitted it to the Planning Commission for review on September 22, 2020; and WHEREAS, staff has indicated the applicable CEQA exemption pursuant to City Council Resolution No. 4501, Class 5 and applicable General Plan goals and policies to establish conformance with the General Plan. NOW,THEREFORE,BE IT RESOLVED THAT the Planning Commission of the City of Huntington Beach finds the proposed vacation of an undeveloped portion of an easement for public street and highway purposes on Delaware Street exempt from CEQA and in conformance with the goals and policies of the General Plan as follows: A. Land Use Element Policy LU-1 (A): Ensure that development is consistent with the land use designations presented in the Land Use Map, including density, intensity, and use standards applicable to each land use designation. The vacation of the westerly 33 foot wide (approximately 630 feet in length) portion of Delaware Street, south of Atlanta Ave. will not negatively impact surrounding property owners or public users of the street because easements for the developed portion of the street will remain intact. Delaware Street has been previously deleted from the MPAH and upon vacation, will be transferred to the adjacent residential property owner. B. Circulation Element Goal CIRC-1 (A): The circulation system supports existing,approved, and planned land uses while maintaining a desired level of service and capacity on streets and at critical intersections. Policy CIRC-1 0: Investigate current jurisdictional control of roadways and determine where adjustments may be made in the future. 66 C. Coastal Element Obiective CE 2.1: Balance the circulation system with the circulation demands generated by the implementation of the Coastal Land Use Plan. The existing street and nearby pedestrian sidewalk and bike lane currently provide sufficient access to the surrounding residential uses. The subject area is no longer necessary to construct right-of- way infrastructure to provide the public circulation needs of the abutting properties. Vacating an undeveloped 20,593 square foot portion of an existing public street and utility easement will not have a detrimental impact on the circulation system. PASSED,APPROVED AND ADOPTED by the Planning Commission of the City of Huntington Beach at a regular meeting held on the Twenty-Second day of September 2020, by the following roll call vote: AYES: Scandura, Kalmick,Ray,Perkins,Mandic, Garcia, Crowe NOES: None ABSENT: None ABSTAIN: None ATTEST: Jennifer Villasenor, Acting Secretary Planning Commission Chair Exhibit A—Legal Description and Plat Map Res 1713 67 EXH I BIT A THAT PARCEL OF LAND LOCATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF TRACT 9580, FILED IN BOOK 444, PAGES 29 THROUGH 31 INCLUSIVE, OF [MISCELLANEOUS MAPS, IN RECORDS OF SAID COUNTY, ALSO BEING A PORTION OF DELAWARE STREET AS DEDICATED TO THE CITY OF HUNTINGTON BEACH FOR STREET PURPOSES. UPON .THE MAP FOR SAID TRACT 9580, THE PURPOSE OF THIS LEGAL DESCRIPTION IS TO DESCRIBE A PORTION OF SAID DEDICATED ROADWAY TO BE VACATED, SAID PORTION TO BE VACATED BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID TRACT 9580 THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID TRACT 9580, SOUTH 00'43'14" EAST, 50.05 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE NORTH 89`06'11 " EAST, 4.91 FEET; THENCE SOUTH 46°50'42" EAST, 38.97 FEET TO THE NORTHERLY TERMINUS OF A LINE PARALLEL TO AND 7.00 FEET WESTERLY OF THE CENTERLINE OF DELAWARE STREET, SAID CENTERLINE BEING CENTERED EQUALLY WITHIN A STRIP OF LAND 80 FEET WIDE, AS DEDICATED UPON SAID TRACT 9580; THENCE SOUTHERLY ALONG SAID PARALLEL LINE SOUTH 00°43'14" EAST, 577.86 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 53.00 FEET; THENCE SOUTHERLY AND SOUTHWESTERLY THROUGH A CENTRAL ANGLE OF 36*40'42", AND ARC LENGTH OF 33.93 FEET, TO THE THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 47,00 FEET; THENCE SOUTHWESTERLY, THROUGH A CENTRAL ANGLE OF 05'01'25", AND ARC LENGTH OF 4.12 FEET TO A POINT, A RADIAL BEARING TO SAID POINT BEARING NORTH 59°03'57" WEST; THENCE NON-TANGENT TO LAST SAID CURVE SOUTH 89°16'46" WEST, 20.19 FEET TO THE WEST LINE OF SAID TRACT 9580; LEGAL DESCRIPTION 1 OF 3 DELAWARE STREET VACATION CITY OF HUNTINGTON BEACH FOB DEPARTMENT OF PUBLIC WORKS EXHIBIT A THENCE NORTHERLY ALONG SAID WEST LINE NORTH 00°43'14" WEST, 639.92 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION. CONTAINING 20,593 SQUARE FEET (0.47 ACRES) MORE OR LESS. AS SHOWN ON EXHIBIT "9" SHEET 3 OF 3, ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS-OF-WAY, EASEMENTS AND LEASES OF RECORD, IF ANY. SAND JOSEPH G. DERLETH PLS 7340 EXPIRES 12/31 /19 `_' o s o - EXP. 12-31-19 L.S. 7340 TF OF cPo- LEGAL DESCRIPTION JOF DELAWARE STREET VACATION CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC 'WORKS -HUNTINGTON ST (N`LY) EXHIBIT A DETAIL 2 (N.T.S.) NORTH LINE SEC 14, DELAWARE ST. DELAWARE ST. SEE T.6S., R.11 W. QUITCLAIMED DEDICATION � DETAIL 1 k 8 POINT OF COMMENCEMENT, NW'LY AREA PER (R1),I AREA PER (R). L7 OR. TRACT 9580, 444/29-31 M.M. ' , I TRUE POINT L1 L2 OF BEGINNING ATLANTA AVE - C2 CA0. w r�� r`� - ---- 00'00" 1-1 F kl! 31, N N z r I :: .�y°j.�. N m 6 co I :' ' ► '' :<W;4. i f ::= DELAWARE ST O� ` :;;;•.. c~n I ( I-'' LEGEND: I I ""= VACATED PER (R2) I. � I c(o z `� Q �l i j I ' � E6 (R) = RECORD PER TRACT 9580, M.M. 444/29-31. il7l z :,. IPR z ~ .. 2 w (R1)=RECORD PER QUITCLAIM DEED TO CITY OF HUNTINGTON BEACH RECORDED 12/28/2015, ai AS DOCUMENT No. 2015000650792, Q w I o o i �I (R2)=RECORD PER CITY OF HUNTINGTON BEACH w U) o o �o i .;;:: RESOLUTION 2016-26, VACATING THAT z z BLAY �R CERTAIN RIGHT-OF-WAY EASEMENT GENERALLY LOCATED AT THE SOUTHERN w TERMINUS OF DELAWARE ST. z w d 40' , L ' ( LINE TABLE: J z F- _ O y l l L1= S00'43'14"E, 50.05' C,� :4- 33 I I L2= N89'06'11"E, 4.91' -� Q d o I �� '� L3= S46'50'42"E, 38.9 7' o L4= N59'03'57"W, RADz� z 90 00'00" L5= S89'16'46"W, 20.19' - ' 6 L � L6= S89'16'46"W, 59.81' L SEE L ar s "---- L7= (N89'43'00"E, 660.04' R) DETAIL 2 --------- SW CO LOT LOT 10, TRACT L8= (N89'43'00"E, 1.50' R) 9580, AS ADJUSTED BY L9= S00'43'14"E, 577,86' W'LY LINE L.L.A. 97-06, 13394/420 L10= N00'43'14"W, 639.92' TRACT 9580, _ 0•R 444/29-31 - DETAIL 1N.T.S.) TRUE POINT M.M. =PORTION OF DELAWARE -L7 ATLANTA AVE OF BEGINNING ST., QUITCLAIMED TO THE 1 DELAWARE ST. CITY OF HUNTINGTON L1 f L2 VACATED PER Z__ r> BEACH, PER (R1), ' CONTAINING 20,593 SQ 3 IE (R2). FT, (0.47 ACRES) MORE O � OR LESS. CURVE TABLE: i —1 C1= DELTA= 36'40'42", RAD= 53.00', L= 33.93' I GRAPHIC SCALE C2= DELTA= 05'01'25", RAD= 47.00', L= 4.12' �7`I 1 inch =150 ft PLAT 3 OF 3 DELAWARE STREET VACATION CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 70 Huntington Beach Planning Commission 2000 MAIN STREET CALIFORNIA 92648 NOTICE OF ACTION September 23, 2020 City of Huntington Beach Public Works Department 2000 Main Street Huntington Beach CA 92648 SUBJECT: GENERAL PLAN CONFORMANCE NO. 20-002 (HUNTINGTON ST. VACATION) APPLICANT: Public Works Department, City of Huntington Beach REQUEST: To determine if the vacation of an approximately 5,790 square foot portion of an easement for street purposes along Huntington St. is in conformance with the goals and policies of the General Plan LOCATION: 80 Huntington Street (East side of Huntington Street between Atlanta Avenue and Pacific View Avenue DATE OF ACTION: September 22, 2020 On Tuesday, September 22, 2020, the Huntington Beach Planning Commission took action on your application, and approved your request by adopting Resolution No. 1712, approving General Plan Conformance No. 20-002. Attached to this letter are Resolution No. 1712 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 Two Thousand, Three Hundred Fifty-Three Dollars ($2,353.00) if the appeal is filed by a single family dwelling property owner appealing the decision on his own property and Three Thousand, Seven Hundred Seventy-Eight Dollars ($3,778.00) 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 Friday, October 2 2020 at 5:00 PM. 71 Phone 714-536-5271 Fax 714-374-1540 www.surfcity-hb.org Notice of Action GPC 20-002 September 23,2020 Page 2 If you have any questions, please contact Jane James, the project planner, at jjames@surfcity-hb.org or (714) 536-5596 or the Community Development Department Zoning Counter at (714) 536-5271. Sincerely, Ursula Luna-Reynosa, Secretary Planning Commission By: f Jane ame',Planning Manager ULR:JJ:kdc Attachments: 1. Resolution No. 1712 c: Honorable Mayor and City Council Chair and Planning Commission Oliver Chi, City Manager Ursula Luna-Reynosa, Director of Community Development Tim Andre, Fire Division Chief Mike Vigliotta, Chief Assistant City Attorney Debbie DeBow, Principal Civil Engineer Eric Haghani, Building Manager Property Owner Project File 72 RESOLUTION NO. 1712 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HUNTINGTON BEACH FINDING THE VACATION OF A 5,790 SQ. FT. UNDEVELOPED PORTION OF AN EXISTING STREET AND PUBLIC UTILITY EASEMENT ALONG THE EAST SIDE OF HUNTINGTON STREET, BETWEEN ATLANTA AVENUE AND PACIFIC VIEW AVENUE IS IN CONFORMANCE WITH THE GOALS AND POLICIES OF THE GENERAL PLAN (GENERAL PLAN CONFORMANCE NO. 20-002) 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 subject request and submitted it to the Planning Commission for review on September 22, 2020; and WHEREAS, staff has indicated the applicable CEQA exemption pursuant to City Council Resolution No. 4501, Class 5 and General Plan goals and policies to establish conformance with the General Plan. NOW, THEREFORE,BE IT RESOLVED THAT the Planning Commission of the City of Huntington Beach finds the proposed vacation of a portion of an existing street and public utility easement on Huntington Street exempt from CEQA and in conformance with the goals and policies of the General Plan as follows: A. Land Use Element Policy LU-1 (A): Ensure that development is consistent with the land use designations presented in the Land Use Map, including density, intensity, and use standards applicable to each land use designation. The vacation of the easterly six foot wide strip of the existing 30 foot wide easement that runs approximately 1,000 feet on the east side of Huntington Street between Atlanta Avenue and Pacific View Avenue will not negatively impact surrounding property owners or public users of the street because easements for the developed portion of the street will remain intact. Upon vacation,the fee title for the area will revert to the adjacent residential property owner. B. Circulation Element Goal CIRC-1 (A): The circulation system supports existing, approved, and planned land uses while maintaining a desired level of service and capacity on streets and at critical intersections. Policv CIRC-1 0: Investigate current jurisdictional control of roadways and determine where adjustments may be made in the future. 73 C. Coastal Element Obiective CE 2.1: Balance the circulation system with the circulation demands generated by the implementation of the Coastal Land Use Plan. The existing street and nearby pedestrian sidewalk and bike lane currently provide sufficient access to the surrounding residential uses.The subject area is no longer necessary to construct right-of-way infrastructure to provide the public circulation needs of the abutting properties. Vacating an undeveloped 5,790 square foot portion of an existing public street and utility easement will not have a detrimental impact on the circulation system. PASSED,APPROVED AND ADOPTED by the Planning Commission of the City of Huntington Beach at a regular meeting held on the Twenty-Second day of September 2020, by the following roll call vote: AYES: Scandura,Kalmick,Ray,Perkins,Mandic, Garcia,Crowe NOES: None ABSENT: None ABSTAIN: None ATTEST: Jennifer Villasenor, Acting Secretary Planning Commission Chair Exhibit D—Legal Description and Plat Map Res 1712 74 EXHIBIT D THAT PARCEL OF LAND LOCATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF THE LAND AS DESCRIBED IN CITY OF HUNTINGTON BEACH RESOLUTION 1125, RECORDED 21 JULY, 1950, IN BOOK 2045, PAGE 52, OF OFFICIAL RECORDS OF SAID COUNTY; SAID RESOLUTION ACCEPTING RIGHT-'OF-WAY DEED TO CERTAIN PROPERTY FOR STREET PURPOSES, AND AUTHORIZING THE RECORDATION OF THE SAME; SAID RESOLUTION ACCEPTED THIS RIGHT-OF-WAY, 60 FEET IN WIDTH, (CURRENTLY KNOWN AS HUNTINGTON STREET) CENTERED EQUALLY ALONG THE WEST LINE OF THE EAST HALF (1 /2), OF THE NORTHWEST QUARTER (1/4), OF THE NORTHEAST QUARTER (1/4), OF FRACTIONAL SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST, RANCHO LAS BOLSAS, AS SHOWN ON THE MAP FILED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, IN RECORDS OF SAID COUNTY. THE PURPOSE OF THIS LEGAL DESCRIPTION IS TO DESCRIBE A PORTION OF SAID RIGHT-OF-WAY FOR STREET PURPOSES TO BE VACATED; SAID PORTION TO BE VACATED BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE EAST HALF (1/2) OF THE NORTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4), OF SAID FRACTIONAL SECTION 14, THENCE SOUTHERLY ALONG SAID WEST LINE OF SAID EAST HALF (1/2), SOUTH 00°43'19" EAST, 82.42 FEET; THENCE AT RIGHT ANGLES TO SAID. WEST LINE NORTH 89°16'41" EAST, 30,00 FEET TO THE SOUTHWESTERLY CORNER OF THOSE LANDS DESCRIBED IN EXHIBIT "A", OF CITY OF HUNTINGTON BEACH RESOLUTION 2016-60, DECLARING THE NECESSITY FOR CONDEMNATION OF A PORTION OF 80 HUNTINGTON STREET AND ACQUIRING A PERMANENT STREET EASEMENT OVER THE SAME, SAID SOUTHWEST CORNER BEING THE SOUTHWESTERLY TERMINUS OF THAT SOUTHERLY LINE OF THE LANDS DESCRIBED IN SAID EXHIBIT "A", BEARING SOUTH 42'18'42" WEST, 36.94 FEET, SAID SOUTHWESTERLY CORNER ALSO BEING THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTHWESTERLY ALONG THE SOUTHWESTERLY EXTENSION OF SAID SOUTHERLY LINE SOUTH 42°18'42" WEST, 8.79 FEET TO A THE NORTHERLY TERMINUS OF A LINE PARALLEL TO AND 24,00 FEET EASTERLY OF SAID WEST LINE OF SAID EAST HALF (1/2); THENCE SOUTHERLY ALONG SAID PARALLEL LINE SOUTH 00'43'19" EAST, 961.73 FEET; LEGAL DESCRIPTION 1 OF 3 HUNTINGTON STREET VACATION .1' me CITY OF HUNTINGTON BEACH REV 2 DEPARTMENT OF PUBLIC WORKS 6.00' EXHIBIT D THENCE AT RIGHT ANGLES TO SAID PARALLEL LINE NORTH 89"16'41" EAST, 6.00 FEET, TO THE SOUTHERLY TERMINUS OF A LINE PARALLEL TO AND 30.00 FEET EASTERLY OF SAID WEST LINE, OF SAID EAST HALF (1/2), SAID SOUTHERLY TERMINUS BEING A POINT ALONG THE EAST LINE OF HUNTINGTON STREET AS DEDICATED PER SAID CITY RESOLUTION 1125; THENCE NORTHERLY ALONG LAST SAID PARALLEL LINE NORTH 00°43'19" WEST, 968.16 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; CONTAINING 5790 SQUARE FEET (0.13 ACRES) MORE OR LESS. AS SHOWN ON EXHIBIT "7", SHEET 3 OF 3, ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS-OF-WAY, EASEMENTS AND LEASES OF RECORD, IF ANY. ff 1 AND _ o so EXP. 12-31-19 JOSEPH G. DERLETH PLS 7340 EXPIRES 12/31/19 9rE OS. 7340�o��a�� CA1 LEGAL DESCRIPTION 2 OF 3 HUNTINGTON STREET VACATION %.j >ft CITY OF HUNTINGTON BEACH REV 2 DEPARTMENT OF PUBLIC WORKS 6.00' RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO AND SEND TAX STATEMENTS TO: Surf City Cottages, LP Attention: John R. Saunders 4040 MacArthur Boulevard Suite 300 Newport Beach, CA 92660 WARRANTY DEED For valuable consideration, receipt of which is hereby acknowledged, the CITY OF HUNTINGTON BEACH, a California municipal corporation ("Grantor"), hereby grants to SURF CITY BEACH COTTAGES, LP, ("Grantee") the real property located in the City of Huntington Beach, County of Orange, State of California,that is described in Exhibit"A"and depicted in Exhibit "B", attached hereto and incorporated herein by reference. The Grantor affirms that the Grantor is the owner of real property described in Exhibit "A", in fee simple interest. The Grantor has the authority to sell and convey said real property and the Grantor hereby warrants that title to the land is free from all encumbrances made by Grantor, and Grantor will defend the same against the lawful claims of all persons claiming by, through, or under Grantor, but against none other. IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed on their behalf by their respective officers hereunto duly authorized, this 19th day of October ,2020. GRANTOR: CITY OF HUNTINGTON BEACH, a municipal corporat^ By: City Manager, Oliver Chi Approved as to form: By: L Q, U ,,I — �� City Attorney . Chief Asst, City Attorney, Mike Vigliotta For City Attorney, Michael Gates A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On 10/20/2020 before me, Donna Switzer, Notary Public, personally appeared Oliver Chi who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and official seal. DONNASIMTZER y COMMISSION*2311601 3 Notary Public•Calitomia E ORANGE COUNTY My Comm.ExWo Nov.5.2023 (Seal) (Notary S igna EXHIBIT A. THAT PARCEL OF LAND LOCATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF TRACT 9580, FILED IN BOOK 444, PAGES 29 THROUGH 31 INCLUSIVE OF MISCELLANEOUS MAPS, IN RECORDS OF SAID COUNTY, ALSO BEING A PORTION OF DELAWARE STREET AS DEDICATED TO THE CITY OF HUNTINGTON BEACH FOR STREET PURPOSES UPON THE MAP FOR SAID TRACT 9580, THE INTENT OF THIS LEGAL DESCRIPTION IS TO DESCRIBE A PORTION OF SAID DELAWARE STREET TO BE VACATED, SAID PORTION TO BE VACATED BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID TRACT 9580 SAID NORTHWESTERLY CORNER BEING THE INTERSECTION OF THE NORTH LINE OF SECTION 14, T.6S., R.11 W. S.B.M., WITH THE EASTERLY LINE OF THOSE LANDS DESCRIBED IN THE GRANT DEED TO FIRST AMERICAN TRUST COMPANY, A CALIFORNIA CORPORATION, RECORDED 15 DECEMBER, 1970, IN BOOK 9489, PAGE 970, OF OFFICIAL RECORDS OF SAID COUNTY, THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID TRACT 9580, SOUTH 00"43'14" EAST, 50.05 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE NORTH 89°06'11" EAST, 4.91 FEET; THENCE SOUTH 46'50'42" EAST, 38.97 FEET TO THE NORTHERLY TERMINUS OF A LINE PARALLEL TO AND 7.00 FEET WESTERLY OF THE CENTERLINE OF DELAWARE STREET, CENTERED EQUALLY WITHIN A STRIP OF LAND 80 FEET WIDE, AS DEDICATED UPON SAID TRACT 9580; THENCE SOUTHERLY ALONG SAID PARALLEL LINE SOUTH 00'43'14" EAST, 577.86 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 53.00 FEET; THENCE SOUTHERLY AND SOUTHWESTERLY THROUGH A CENTRAL ANGLE OF 36`40'42", AND ARC LENGTH OF 33.93 FEET, TO THE THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 47.00 FEET; THENCE SOUTHWESTERLY, THROUGH A CENTRAL ANGLE OF 05°01'25", AN ARC LENGTH OF 4.12 FEET TO A POINT, WITH A RADIAL BEARING THROUGH SAID POINT OF NORTH 59'03'57" WEST; LEGAL DESCRIPTION 1 GF 2 NORTHERLY END DELAWARE STREET AS VACATED CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS EXHIBIT A i (CONTINUED) THENCE ALONG A NON-TANGENT LINE TO LAST SAID CURVE SOUTH 89`16'46" WEST, 20.19 FEET TO THE WEST LINE OF SAID TRACT 9580, SAID NON--TANGENT LINE BEING PERPENDICULAR TO THE CENTERLINE OF DELAWARE STREET, THENCE NORTHERLY ALONG SAID WEST LINE NORTH 00°43'14" WEST, 639.92 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION. CONTAINING 20,593 SQUARE FEET (0.47 ACRES) MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHT-OF-WAY, EASEMENTS AND LEASES OF RECORD, IF ANY. LAND G. EXP. 12-31-15 JOSEPH G. DERLETH 'q L.S. 7340 PLS 7340 EXPIRES 12/31 /15 rF OF CALF°� LEGAL DESCRIPTION 2 OF 2 NORTHERLY END DELAWARE STREET AS VACATED ILM CITE' OF HUNTINCTON BEACH DEPARTMENT OF PUBLIC WORKS HUNTINGTON ST (WILY) EXHIBIT B NORTH LINE SEC 14, SEE T.6S., R.11 W. DETAIL 1 POINT OF COMMENCEMENT, NW'LY DETAIL 2 (N.T.S.} L8 COR. TRACT 9580, 444/29-31 M.M. DELAWARE REMAINING STREET DELAWARE L7 TRUE POINT VACATED STREET AFTER L1 L2 AT!_ANTA AVE PER (R1 VACATION � OF_B GINNING __—__--- ) j w L Cl 'fl ?5 LFil BIZ Q7 uj ,_,, w r�----)`�_- ---- ST VACATED ' PER R1 LEGEND: ( ) 1 p i � (R)= RECORD PER TRACT 9580, 444/29-31 M.M. (R1) = RECORD PER DOC No. E'LY LINE 71 1 R - I:••• 2015— j I LINE TABLE: 9489/970 40' ..`, , 1 L1= S00'43`14"E, 50.05' O.R., PER Q ( { 1 L2= NB9'06'11"E, 4.91' R . ( ) j 1 L3= S46'50'42"E, 38.97' I L4= N59'03'57"W, RAID i I L5= S89'16'46"W, 20.19' 90 00'OD' - L6= 589'16'46"W, 59.81' L5 - Lfi : : ..�- L7= (N89'43'00"E, 660.04' R SEE V. -�`"__.._.'_" DETAIL 2 l L8= (N89'43'00"E, 1.50' R) SW COR. LOT 10, TRACT L9= SOO'43'14"E, 577.86' 9580, AS ADJUSTED BY 1-10= NOO'43'14"W, 639.92' W'LY LfNE L.L.A. 97-06, 13394/420 TRACT 9580, 0 R. . DETAIL 1 (l�.T.S.) 444/29-31 `�`-_...�:.:� .1�-•--- TRUE POINT M.M. ®-P[ORTIQN OF VACATED -y ATLANTA AVE OF BEGINNING VDELAWARE ST, PER DELAWARE ST. (R1), DESCRIBED ON L1 VACATED PER '_ EXHIBIT "A", (R1). CONTAINING 20,593 SQ X F"T, (0.47 ACRES) MORE❑R LESS CURVE TABLE:C1— DELTA= 36'40'42", RAD= 53.00 , L= 33.93' GRAPHIC SCALE C2= DELTA= 05'01'25", RAD= 47.00', L= 4.12' '� 1 inch =150 ft. PLAT I OF I NORTHERLY END DELAWARE STREET AS VACATED .j CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS