HomeMy WebLinkAbout64 - PH-4 - Attachment 1 - 9/1/2015Attachment 1
RESOLUTION NO. 15-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, ORDERING THE VACATION
OF FLOWAGE EASEMENT AT 970 WEST 16TH 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
July, 2015, adopt Resolution No. 15-40, entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS
INTENTION TO ORDER THE VACATION OF FLOWAGE EASEMENT AT 970 WEST
16TH 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 1ST day of September, 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 1 st day of September, 2015; and
WHEREAS, the original 1962 dedication was to facilitate overflow storm drain runoff. The
purpose of this vacation is to vacate the flowage easement area not required based on
the future storm drain improvements and to vacate the easement land to the underlying
fee owner. The vacation will benefit the neighborhood with the new drainage
improvements.
The easement being vacated will not be useful as a Flowage Easement. It is
unnecessary 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 flowage easement is unnecessary for present
or future drainage purposes;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA
DOES ORDER AND RESOLVE AS FOLLOWS:
1. That the hereinafter described flowage easement is unnecessary for
present or prospective drainage 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 1St day of September, 2015.
ATTEST:
BRENDA GREEN, City Clerk
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
STEVE MENSINGER, Mayor
APPROVED AS TO FORM
Tom Duarte, Attorney
I, BRENDA GREEN, Interim 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 1st day of
September, 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 2nd day of September, 2015.
BRENDA GREEN, City Clerk
EXHIBIT A
LEGAL DESCRIPTION
PORTION OF FLOWAGE EASEMENT VACATION
BEING THE EASTERLY 250 FEET OF LOT 1111 IN THE CITY OF COSTA MESA, COUNTY OF ORANGE, STATE OF
CALIFORNIA, PER THE NEWPORT MESA TRACT, FILED IN BOOK 5 PAGE 1 OF MISCELLANEOUS MAPS IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
EXCEPTING THEREFROM THE SOUTHERLY 60.00 FEET OF SAID LOT 1111.
ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL 2 PER MAP FILED IN BOOK 101, PAGES 26 8c
27, OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
CONTAINING 12,437 SQUARE FEET, MORE OR LESS.
MORE PARTICULARLY SHOWN ON EXHIBIT "B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RIGHT-OF-WAY AND EASEMENTS OF RECORD, IF ANY.
amINCTING, IN
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LICENSE EXPIRES 12/31/15
DATE
CITY OF COSTA MESA
AAE
REFERENCE DATE
5/2/15
PHONE (949) 916-3600 JN SCALE PAX
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SHEET N0.
1 OF 1
EXHIBIT B
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
PORTION OF FLOWAGE EASEMENT VACATION
CT
C,&V CONSULUNG, INC.
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LAXD MAMM AND WJRVMM
27156 BURBANK PHONE (949) 916-3800
FOXHILL RANG CAUFORNTA 92610 FAX (949) 916-3805
CITY OF COSTA MESA
TITLE
REFERENCE DATE 5/2/15 SHEET NO.
J, N. SCALE
1
TWHX-030 1 ..=60- j OF
c)
N. LINE LOT 1111,
N8923839W
50.00
MM 5/1.
CDNEWHALL
STREET
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LOT
HU
1.160 AC.
C)
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POR. BOOK 6102,
o
PACE 658 O.R.
N89*39'03"W
o"
132.00'
o
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250'-
M.M.
00
N89'36'24"W
E. LINE LOT 1111,
MM 5/1.
S. LINE LOT 1111
co
MM 5/1.
LOT
U12
CT
C,&V CONSULUNG, INC.
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LAXD MAMM AND WJRVMM
27156 BURBANK PHONE (949) 916-3800
FOXHILL RANG CAUFORNTA 92610 FAX (949) 916-3805
CITY OF COSTA MESA
TITLE
REFERENCE DATE 5/2/15 SHEET NO.
J, N. SCALE
1
TWHX-030 1 ..=60- j OF