HomeMy WebLinkAbout39 - PH-2 - Attachment 1 - 6/2/2015Attachment 1
RESOLUTION NO. 15-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, ORDERING THE VACATION
OF A PORTION OF FULLERTON AVENUE RIGHT-OF-WAY
AT 155 FLOWER STREET
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES
AS FOLLOWS:
WHEREAS, the City Council of the City of Costa Mesa did, on the 21ST day of
April, 2014, adopt Resolution No. 15-12, entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS
INTENTION TO ORDER THE VACATION OF A PORTION OF FULLERTON AVENUE
RIGHT-OF-WAY LOCATED AT 155 FLOWER STREET; AND
WHEREAS, pursuant to said Resolution of Intention, the time and place for
hearing all persons interested in or objecting to the proposed vacation was set for
Tuesday, the 2nd day of June, 2015, at 7:00 p.m., in the Council Chambers of City Hall,
77 Fair Drive, Costa Mesa, California; and
WHEREAS, notices of said proposed vacation were duly and regularly posted as
required by law, all pursuant to the provisions of Section 8300 et seq. of the Streets and
Highways Code of the State of California; and
WHEREAS, on said date of hearing, the proposed vacation came on regularly to
be heard; all persons appearing on the proposed vacation were heard; and said hearing
was closed on the 2nd day of June, 2015; and
WHEREAS, The original 1927 dedication is in excess of the final alignment of
Fullerton Avenue which was established in 1960. The purpose of this vacation is based
on a review of the current and future needs of the City and to vacate the excess land to
the underlying fee owner. The portion of the street being vacated is not useful as a
nonmotorized transportation facility, is unnecessary for present or future public use, and
the vacation serves the public interest and is a public benefit.
WHEREAS, the Costa Mesa City Council finds and determines from all the evidence
submitted that the hereinafter described right-of-way is unnecessary for present or
prospective street purposes;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA
DOES ORDER AND RESOLVE AS FOLLOWS:
1. That the hereinafter described right-of-way is unnecessary for present or
prospective street purposes:
All as more particularly described in legal description shown in Exhibit "A" and on map
shown in Exhibit "B", attached hereto and by this reference made a part hereof.
PASSED AND ADOPTED this 2nd day of June, 2015.
ATTEST:
BRENDA GREEN, City Clerk STEVE MENSINGER, Mayor
APPROVED AS TO FORM
Tom Duarte, Attorney
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, hereby certify that the
above and foregoing Resolution No. 15- was duly and regularly passed and
adopted by the said City Council at a regular meeting thereof held on the 2nd day of
June, 2015, by the following roll call vote:
AYES:
NOES:
2
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
the City of Costa Mesa this 3rd day of June, 2015.
BRENDA GREEN, City Clerk
DEED NO. 3822
EXHIBIT "A"
LEGAL, DESCRIPTION FOR 'VACATION OF RIGHT OF WAY
APN 425-233-18
THE LAND REFERRED TO HEREIN IS SITUATED IN THE CITY OF COSTA MESA,
COUNTY OF ORANGE, STATE OF CALIFORNIA.
BEING A PORTION OF A PUBLIC HIGHWAY PER DEED OF RIGHT` OF WAY TO THE
CITY OF COSTA MESA RECORDED NOVEMBER 23, 1927 IN BOOK 101, PAGE 172, OF
OFFICIAL RECORDS, SAID LAND LYING WITHIN A PORTION OF LOTS 5 AND 6 OF
BLOCK '`B" OF TRACT NO. 377, RECORDED IN BOOK 16, PAGE 16 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
THE EASTERLY 8.70 FEET OF THE 14.70 FEET, LYING ADJACENT TO AND
SOUTHEASTERLY OF THE SOUTHEASTERLY RIGHT OF WAY LINE OF FULLERTON
AVENUE, AS SHOWN ON SAID MAP OF TRACT NO. 377, SAID STRIP OF LAND BEING
BOUNDED NORTHEASTERLY BY THE NOR'T'HEASTERLY LINE OF SAID LOT 6 AND
BOUNDED SOUTHWESTERLY BY THE WES'T'ERLY LINE OF SAID .LOT 5, SAID LINE,
ALSO BEING THE SOUTHERLY CU'RVE'D LINE AS DESCRIBED PER DEED OF RIGHT
OF WAY TO THE CI'T'Y OF COSTA MESA, RECORDED DECEMBER 23, 1959 IN BOOK
5028, PAGE 479, OF OFFICIAL RECORDS,
SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PARI"
HEREOF,
PREPARED BY ME OR UNDER MY DIRECTION
5�p LAN/
f.5 A. �P
j G
NICHOLAS A. STREETER, P.L.S. 9067 W
DEEB] NO. 3822
EXHIBIT "B"
SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOR
VACATION OF RIGHT—OF—WAY
A.P.N. 425-233-18
45.3'
51.3'
CD
14--
5'
SCALE: 1"=30'
PLOWER STREET'
N50'11'45"W
SOUTHERLY LINE PER STREET &
HIGHWAY DEDICATION TO CITY OF
f COSTA MESA BOOK 5028, PAGE `C,
505, 1 12-23-1959
S50'11'45"E 110.00'
a
w
LOT 6 `n
W 20' o
In
CD
130,00'
LOT 5
cn
115.30"
N50'11'45"W 130.00'
WLY 6.00' OF RIGHT -OF --WAY
PER EASEMENT DEED RECORDED
NOV. 23, 1927 PER BK. 101,
PG. 172 O.R. TO REMAIN
f � LAND
't "P m m
CABOP
8.70 FEET OF EXISTING 60' RIGHT-OF-WAY GRANTED TO THE CITY
RIGHT-OF-WAY RECORDED NOV. OF COSTA MESA AS SUCCESSOR OF
23, 1927 PER BK. 101, PG. INTEREST FROM THE COUNTY OF ORANGE
172 O,R, TO BE VACATED. RECORDED MAY 13, 1926 IN BOOK 649,
209 OF DEEDS.
JN: 14-2026
CITY OF COSTA MESA
A.P.N. 425-233--18 DEED NO.: _ DRAWN BY: MN
155 FLOWER STREET SCALE: AS sHOWN DATE; 013 1S
THIS IS NOT A SURVEY BUT IS COMPILED FROM EXISTING RECORDS
71