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Att#2 Resolution 2022-66

City Council/Public Financing Authority
November 15, 2022

Document
Att#2 Resolution 2022-66
Meeting
November 15, 2022
Body
City Council/Public Financing Authority
Original file
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Text extracted from the city's file for reading and search. Open the original on huntingtonbeach.legistar1.com. That file is the official record.

RESOLUTION NO. 2022-66

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON

BEACH ORDERING THE SUMMARY VACATION OF AN UNDEVELOPED

PORTION OF AN EXISTING STREET AND PUBLIC UTILITY EASEMENT ALONG THE EASTSIDE OF 102 & 104 HUNTINGTON STREET, IN THE

CITY OF HUNTINGTON BEACH, 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 Nos. 024-261-16 and 024-261-17, and as legally described in Exhibit "B," and depicted in Exhibit "C," respectively, attached hereto and incorporated by this reference.

WHEREAS, the property legally described in Exhibit B and depicted in Exhibit C is referred to herein as the "Property."
WHEREAS, the recorded Easement Deed is attached hereto as Exhibit "A." 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.

WHEREAS, a General Plan Conformance No. 21-002, to determine whether the subject vacation request conforms to the City's General Plan, was approved by the City Planning Commission on March 22, 2022.

WHEREAS, a finding that the Property is "exempt surplus land" that may be disposed of without conformance to the procedures of the Surplus Land Act was made by the City Council on September 20, 2022.

WHEREAS, the City Council of the City of Huntington Beach wishes to summarily vacate a portion of the Property 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.

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. All legal prerequisites have been met.

Resolution No. 2022-66

3. 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 the 32-foot corner radius area of the Property as more particularly described on Exhibit B and depicted in Exhibit C.

4. 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 easements.

5. 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 public service easements.

6. 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 disposition may have a significant effect on the environment, as no development is authorized by this Resolution.

PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2022.

Mayor
REVIEWED AND APPROVED: APPROVED AS TO FORM:

City Manager ity Attorne
INITIATED AND APPROVED:
22-11777/289803 2
Resolution No. 2022-66

EXHIBIT A
Easement Deed
(Attached)
22-11777/289803
A.P. #024-260-24
1977 Bx 1 2273P61463

RECORDING REQUESTED BY

RECORDED IN OFFICIAL RECORDS
CITY OF HUNTINGTON BEACH. OF ORANGE COUNTY, CALIFORNIA
And when recorded mail to EXEMPT
C5 5 Min. 9 AM JUL | 1. 1977
City Clerk
City of Huntington Beach J. WYLIE CARLYLE, County Recorder P. O. Box 190
Huntington Beach, California 92648 Space above this line for Ree

EASEMENT DEED
Tax-Exempt-Government Agency
The undersigned frantor (s) declare (s) : 2960 City of Huntington Beach Documentary transfer tax is $ Alicie M. Wentworth
() computed on full value of property conveyed, or City Clerk () computed on full value lese value of liens and encumbrances remaining at timeräf sale. ( ) Unincorporated arce: () City of andBy:

Deputy City Clerk
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, George Renek and Ronald V. Fought
do hereby GRANT to the CITY OF HUNTINGTON BEACH, a municipal corporation, a perpetual easement and right of way for street and public utility purposes in, on, over, under and across all that real property in the CITY OF HUNTINGTON BEACH, County of Orange, State of California, described as follows:

Those portions of Lots 19 and 20 of Biock 103 of Vista Del Mar Tract, as shown on a map recorded in Book 4 Page 5, Miscellaneous Maps, records of said County, being described as follows:

That portion lying southwesterly of a curve concave northeasterly and having a radius of 32.00 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.

APPROVED AS TO FORM:

DON P. BONFA
City Attorney
Mark Travis
By:

Deputy City Attorney
Dated. 6. 20-77 Retight
STATE OF CALIFORNIA sS.

COUNTY OF_ ORAnge
On. June 20, 1977 before me, the under-
igned, Notary Public in and for said
Laughi

OFFICIAL SEAL
- known to me
CARROLLEEN A. WIELAND
to be the person _whose name. subscribed to the within
—executed the same. NOTARY PUBLIG • CALIFORNIA
instrument and acknowledged that. PRINCIPAL OFFICE IN
WITNESS my hand and official seal. ORANGE COUNTY
on Expires May 19, 1981
signatura. Cartoller A Weiland
(This area for official notarial scal)
Bx | 2273P6|464
City of Huntington Beach
P.O. BÓX 190 CALIFORNIA 92648

DEED CERTIFICATION
This to certify that the interest berge one a ton odd the the ced ye under tone rose and ayor agent co behalt of the reb conferred by Resolution No. 3537 of the City Council of the City of Ho the tenorathon cheed by lus duly arded grentee consents Dated: June 30, 1977 CITY OF HUNTINGTON BEACH
ALICIA M. WENTWORTH
City Clerk
By: Sharen Heldery
Resolution No. 2022-66

EXHIBIT B
Legal Description
22-11777/289803
SHEET 1 OF 1
LEGAL DESCRIPTION:

THOSE PORTIONS 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 PORTION LYING SOUTHWESTERLY OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 32.00 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.

EXCEPTING THEREFROM THAT PORTION LYING SOUTHWESTERLY OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 20.00 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.

CONTAINING AN AREA OF 134 SQ. FT., MORE OR LESS.

PREPARED BY:

EMERALD ENGINEERING
18600 MAIN STREET, SUITE 160
HUNTINGTON BEACH, CA 92648
SITE ADDRESS: 3/25/2021
DONALD G. BAKER DATE
102 & 104 HUNTINGTON STREET LS. 4683
HUNTINGTON BEACH, CA.. 92648
Resolution No. 2022-66

EXHIBIT C
Map
22-11777/289803
SHEET 1 OF 1
PLAT

VACATION OF PUBLIC-RIGHT-OF-WAY
IN THE CITY OF HUNTINGTON BEACH, ORANGE COUNTY, CA.

MARCH 25, 2021
ALLEY
PROPERTY OWNERS:
27°
CONTACT PERSON:

STEVE MARION, OWNER 102 HUNTINGTON STREET, LOT 19 LOT 20 EXIST. CURB & GUTTER A.P.N. 024-261-17
105 ALABAMA STREET. BLOCK
HUNTINGTON BEACH, CA 92648 V.D.M.
(714) 496-6230 M.M. EXİST. SIDEWALK
CRAIG L WOOD, OWNER 104 HUNTINGTON STREET,
A.P.N. 024-261-16
104 HUNTINGTON STREET
HUNTINGTON BEACH, CA 92648
EXIST. R/W
109' 109' 24.75'
104 HUNTINGTON STREET A.P.N. 024-261-16 102 HUNTINGTON STREET A.P.N. 024-261-17 34.75*

E ATLANTA AVENUE
1"=30°
R=32'

SIDEWALK
EXIST. R/#-
10".
•EXIST. CURB
20' & GUTTER
LEGEND: E HUNTINGTON STREET
INDICATES AREA TO REMAIN AS PUBLIC RIGHT-OF-WAY.

INDICATES AREA TO BE VACATED BY CITY OF HUNTINGTON BEACH PREPARED BY.

EMERALD ENGINEERING
* HUNTING TON BEACH, SA 92648
SITE ADDRESS : SAT OF CAPOBH Romes Babe 3/25/2021
DONALD G. BAKER DATE
102 & 104 HUNTINGTON STREET LS 4683
HUNTINGTON BEACH, CA.. 92648

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