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HomeMy WebLinkAboutCity Council - 2022-37 RESOLUTION NO. 2022-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THAT AN UNDEVELOPED PORTION OF AN EXISTING STREET AND PUBLIC UTILITY EASEMENT ALONG THE EASTSIDE OF HUNTINGTON STREET AT 102 AND 104 HUNTINGTON STREET, HUNTINGTON BEACH, IS EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE SECTIONS 54221(F)(1)(B) AND 54221(F)(1)(E), AND MAKING A FINDING OF EXEMPTION UNDER CEQA WHEREAS, the City of Huntington Beach is the owner of an Easement Deed of a 134 square foot undeveloped portion of an existing street and public utility easement adjacent to real residential property located at 102 & 104 Huntington Street, Huntington Beach (Assessor's Parcel Map No. 024-261-16, and as legally described in Exhibit "A," and depicted in Exhibit "B," respectively, attached hereto and incorporated by this reference; and WHEREAS, the property legally described in Exhibit A and depicted in Exhibit B is referred to herein as the "Property; WHEREAS, the recorded Easement Deed is attached hereto as Exhibit "C." WHEREAS, City staff determined that the existing 32-foot corner radius area (measuring approximately 134 square feet) is in excess of what is necessary for the existing local street designations, and have proposed to vacate the excess corner radius right-of-way, for return to the adjacent property owners. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby find and resolve as follows: 1. The above recitals are true and correct. 2. The City Council hereby declares that, pursuant to Government Code Section 54221(f)(1)(B), the Property is "exempt surplus land" exempt from the disposition procedures of the Surplus Land Act because it is less than five thousand (5,0000) square feet, and is less than the minimum legal residential building lot size for the City. In addition, pursuant to Government Code Section 54221(f)(1)(E), the Property is "exempt surplus land" exempt from the disposition procedures of the Surplus Land Act because the Property is an easement consisting of excess corner radius right-of-way that will be conveyed to the adjacent property owners. 3. CEQA. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines. It has been determined that the adoption of this Resolution will not have a significant environmental impact and is exempt from CEQA pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations. It can be seen with certainty that there is no possibility that the declaration of property as exempt surplus may have a significant effect on the environment, as no development is authorized by this Resolution. Resolution No. 2022-37 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 20th day of September , 2022. a Mayor REVIEW D AND AP P OVED. APPROVED AS TO FORM: City Manage ity ttorney ITIATED AND APPRO Director of Public Wks 22-11382/289804 2 -p Resolution 2022-37, Exhibit"A" SHEET 1 OF 1 LEO1 L DESCRIP774N THOSE POR77ONS OF LOTS 19 AND 20 OF BLOCK 103 OF VISTA DEL MAR TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 5, MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, BEING DESCRIBED AS FOLLOWS: THAT PORT70N LYING SOUTHWESTERLY OF A CURVE CONCAVE NORTHEAS7ERLY AND HAVING A RADIUS OF 32.00 FEET, SAID CURVE BEING TANGENT ON THE WEST TO 774E WEST LINE OF SAID LOT 19 AND TANGENT ON THE SOUTH TO THE SOUTH LINE OF SAID LOT 20. EXCEP77NG THEREFROM THAT PORTION LYING SOUTHWESTERLY OF A CURVE CONCA VE NORTHEAS7FRL Y AND HAVING A RADIUS OF 20,DO FEET, SAID CURVE BEING TANGENT ON THE WEST TO THE WEST LINE OF SAID LOT 19 AND TANGENT ON 774E SOUTH TO 774E SOUTH LINE OF SAID LOT 20. CONTAINING AN AREA OF 134 SO. FT., MORE OR LESS Wv PREPARED 9Y EMERALD ENGINEERING NJ► _ 18600 MAIN STREET, SUI7E 160 Or CA1.��� HUNnNOW BEAay, CA 92648 ME ADOWSS w k f04 HUN71Nom STREET DONALD & BAKER DA7E L S: 4683 HUN77NOTON BEACH, CA.. 92646 Resolution No. 2022-37 - Exhibit"B" SHEET 1 OF 1 FLAT VACATION OF PUBLIC--RIGHT-OF-WAY IN THE CITY OF HUNTINGTON BEACH, ORANGE COUNTY, CA, MARCH 25, 2021 N ALLEY RO &UY ow 27' 27' CONTACT PERSON., S7EW MARION, OWNER 102 HUNTINGTON STREET, =� A.P.N. 024�-261-17 LOT 19 LOT 20 105 ALABAMA SIREEr BLOCK 103 . HUM7714G72NY BEN CA 92648 VD.M. SEC. 3 W' . 4/6 CRAIG L. M)OR, OWNER 104 HUNnAlOTaV STREET, A.P.N. 024-261-16 104 HUNANOWN STREET HUN77NG70N BEACH, CA 92648 24,75' v C Exlsr. :. EXIST. CURB N rk GUTTER IEGEAV MUNTNOTON STREET OINDICATES AREA TO REMAIN AS PUBLIC RICHT-OF-WAY. INDICATES AREA 70 BE VACATED BY CITY OF HUN77NOTON BEACH G. �fi PREPARED BY• 4 a�P 9 0 EMERALD ENGINEERING NfI.4G93 * HUNA GTON 00 MAINBE CH,, CA,92648 102 & 104 HUN7INCTON'S7NEET FOIr \F DOWALD G RAW? DA1F GA LS 4683 HUN77NGTON BEACH, CA.. 92646 Resolution No. 2022-37 - Exhibit"C' A.P. #024-260- 24 19.77 ' '. : BK 12273P61.463 . RECORbING REQUESTED BY CITY OF HUNTINGTON BEACH.' RECORDED IN OFFICIAL.RECbRDS OF ORANGE COUNTY,CALIFORNIA And when recorded mail to•. EXEMPT City Clerk C5. 5 P;Ai 9 'A M JUL 11, 1977 City of Huntington Beach J.WYLIE CARLYLE,County Record P.0.Box 190 Huntington Beach,California92646 SpawabovethislinefoiRebacder'sure ' EASEMENT DEED I Tax-'0'Mpt-Governrnent'Agenoy The undersigned grantor(s)d9dare(s): q,� 'Documenurytransfernx4s 29b0 City AliCetM,WennttxochBeach. ( )computed on full value of property conveyed,or !� ,' City Clerk ' ( )computed on fun value few value or liens and encumbrances ramalnhg st�14ML''o"�We. ' ( ) Unincorporated great ( >City of andaYl ................ Deputy City Clerk . FORA VALUABLE.CO.NSIDERATION,receipt of which is hereby acknowledged, George Renek• and Ronald V. Fought do hereby GRANT to the CITY OF HUN71NGTON BEACH a municipal corporation,a perpetual easement and right of.way for . ;Street and public utility ,purpbses in, on,over,under and across all that real property in the CITY OF HUNTINGTON BEACH, County of Orange, State of•. California,rlesedbed as follows: Those portions o£' Lots 19 and 20 of Block 10.3 of Vista'Del Mar Tract,. as shown on a -map recorded in Book.A Page S, Miscellaneous Maps, records• of said•.County, being' described as follows: That portion Tying southwesterly of a curve concave northeasterly and having a iadius.of•.32.O0 feet, said curve, being tangent on the west-to the west line. of Said Lot 19 and tangent on the south to ! the south Line- of. said Lot:•.20. I AF•PROVED'A5 TO FOEY: I, DON Y. .BONFA .�. City ttto�r`ney Bye Deputy City Alttorftey Dated (�... 70 -7 7 STATE OF CALIFORNIA SS COUNTY OF O,?An 9 e- on /._r.s n a G� 19 7;? before me,the under signed, a Notary Publi Id'ind.for said Stet,personally appeared 6! 1F- WonA-IrL I/. Fe �n Y I daaaac�c�a�aacx� known tome OFFICIAL.SEAL to be the poison— Whose name—_--subscribed to the within CARROLLEEN A, WIELAND instrument and loknowleked than executed the same. NOTARY PUBLIC v CALIFORNIA PRINCIPAL OrFICe IN WITNESS my hand and official seal. ORANGE COUNTY nnc w _ • MY-Cummlealon Expires May 19, 1981 . ' signs C' (This area for official notarial seal) ' U) 41 u o a) a)U t4 D.C •d .0 'O 11 .O -_— a) O a)4•�t C.) a to N 'r. wW co a) d C%j u� o ° oo cam to 0 $4 W.Z 4J 1-4 Q) o z V � � OGcod•dtJ z a) o a wc � y, w.°c N >� o u Co wU� co w f-1 In CO $4 H J1 (L) O M () 44 tJ U PQ W w P _uzov3v) U c� uw io)� -H 0 ozind >N ci tw 41 ac z o O (3D x •d a) 11 rn-A a) JJ O 1J 0� ' a 44o �3 �3�+ 0 0 $4 Gd1 W 4 a)94 Q1 c � Vd 0 4-J M 0•dV4twp O U a iJ a)-A O"O O a) 1JUV a) 11 w •"4 •d Q) tJ-A W O a) rn .0 d O W 4J 4JJ d U O a 0 41 voU0000 cc H•d LJ io U v Res. No. 2022-37 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 September 20, 2022 by the following vote: AYES: Peterson, Bolton, Delgleize, Carr, Moser, Kalmick NOES: None ABSENT: Posey RECUSE: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California