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HomeMy WebLinkAbout53 - PH-4 - Attachment 1 - 11/3/2015ATTACHMENTI RESOLUTION NO. 15 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ORDERING THE VACATION OF A PORTION OF SIDEWALK AND LANDSCAPE EASEMENT ADJACENT TO 580 ANTON BOULEVARD 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 6T" day of October, 2015, adopt Resolution No. 15-53, 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 SIDEWALK AND LANDSCAPE EASEMENT ADJACENT TO 580 ANTON BOULEVARD; 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 3rd day of November, 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 3rd day of November, 2015; and WHEREAS, the original 2007 dedication per Tract No. 17017 is in excess of the City's needs for sidewalk and landscape purposes and there are no other public facilities located within said easement area. The purpose of this vacation is based on a review of the current and future needs of the City and to vacate the portion of said easement land to the underlying fee owner. The easement being vacated is not useful for landscape or sidewalk purposes, is unnecessary for present or future public use, and the vacation serves the public interest and is a public benefit. The vacation will also benefit the neighborhood with new improvements. WHEREAS, the Costa Mesa City Council finds and determines from all the evidence submitted that the hereinafter described easement is unnecessary for present or prospective landscape and sidewalk purposes; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES ORDER AND RESOLVE AS FOLLOWS: 1. That the hereinafter described easement is unnecessary for present or prospective landscape and sidewalk 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 3rd day of November, 2015. ATTEST: BRENDA GREEN, City Clerk STEVE MENSINGER, Mayor STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) 2 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 3rd day of November, 2015, by the following roll call vote: AYES: NOES: ABSENT.- IN BSENT: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Costa Mesa this 4th day of November, 2015. BRENDA GREEN, City Clerk 3 HL ITT , L� HUITT-ZOLLARS, INC,' 2603 Main Street 1 Suite 400 1 Irvine, CA 92614.4250 1949,988.5815 phone 1 949.988,5820 (ox 1 huilt•zollars.com R301409.02 08-06-15 EXHIBIT "A" LEGAL DESCRIPTION VACATION OF SIDEWALK AND LANDSCAPING EASEMENT That portion of that certain easement for sidewalk and landscaping purposes dedicated to the City of Costa Mesa on Tract No. 17017, in the City of Costa Mesa, County of Orange, State of California, as shown on map filed in Book 888, Pages 47 through 49, inclusive, of Miscellaneous Maps, described as follows: Commencing at the Northwesterly corner of said Tract No. 17017; thence along the Northerly line of said Tract No. 17017 South 88°44"54" East 20.00 feet to the Easterly line of said easement, said line being a line parallel with and 20.00 feet Easterly of the Westerly line of said Tract No. 17017; thence leaving said Northerly line along said Easterly line South 0°53'22" West 256.64 feet to the Northeasterly line of said easement, said line being a line parallel with and 20.00 feet Northeasterly of the Southwesterly line of said Tract No. 17017, said point being the TRUE POINT OF BEGINNING; thence leaving said Easterly line along said Northeasterly line South 43°56'05" East 22.98 feet to the Northerly line of said easement, said line being a line parallel with and 20.00 feet Northerly of the Southerly line of said Tract No. 17017; thence leaving said Northeasterly line along the Westerly prolongation of said Northerly line North 88°44'54" West 16.20 feet to the Southerly prolongation of said Easterly line; thence leaving said Westerly prolongation along said Southerly prolongation North 0053'22" East 16.19 feet to the TRUE POINT OF BEGINNING. Containing an area of 131 square feet or acres, more or less. Subject to covenants, conditions, reservations, restrictions, rights-of-way and easements, if any, of record. All as shown on Exhibit "B" attached hereto and by this reference made a part hereof. r1�L LANA *fl W . A1.40 ,s� D 4 � '.4 DAVID W. MACKEY,�PIZ8912 NO. 6912 OF f/1t901'4p9°02/a/I/S i dewalk-Landscape-Vac/zk/dm I I(N88 4454 "W 125.92) —� 20 00' P.O.C. -- - � � � NL Y LINE - -TRACT _____ 1 NEIL CORNER NO. 17017 J TRACT NO. 17017 I 20' rRAc T J f W o U :W+2 AID, 1.7017 LOT l I W e i T.P.aB. POR77ON TO BE VA CA TED .y !� F�L NEL Y LINE EASEMENT o `O 131 FOR SIDEWALK AND LANDSCAPING PURPOSES C 2 SO. FT. NIL LINE EASEMENT FOR SIDEWALK AND LANDSCAPING PURPOSES \ �vrtitr. 6088 44 54"W N88 4454"W y ryei�v `I� 16.20' 306.14' r EASEMENT FOR SIDEWALK -- AND LANDSCAPING PURPOSES `sa PER 1RACT NO. 17017 �J N jw by , 988 / 47 -J 1/jJ SL Y LINE TRACT NO. o ` ` 17017 CL 4'54"W 420.39') * NO. 8912 (XXX) INDICATES RECORD DATA PER (N88-4454-W ANION BOULEVARD re OF tslli TRACT NO. 17017, M.M. 888/47-49 Hr � i � ,,, �� � i A � SKETCH TO ACCOMPANY S� 1 "=1 D' L.11 L(� A LEGAL DESCRIPTION DRAW BY DKU Huftt-zomm Inc. Irvins EXHIBIT 'B' CNEpCED BY 2603 Main Street, Sults 400, Irv6is, CA 92414 JJL Phone (am) 9813-5M Fax (ate) 968-58M I VACATION OF EASEMENT A4 TE .. APPeDrED BY FOR SIDEWALK AND 8/6/ /� ;p 2✓ 9- 6 - LANDSCAPING PURPOSES " Na 8301409.02 R. \R30140902\MAPPING\DWG\EX\30140902JEXO1.D WG