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HomeMy WebLinkAbout07-62 - Vacation of Excess Right-of-Way at 540-544 Victoria StreetEXEMPT RECORDING PER GOVERNMENT CODE SECTION 6103 Recording Requested by CITY OF COSTA MESA When Recorded Mail to: CITY OF COSTA MESA ATTENTION: City Clerk P.O. BOX 1200 COSTA MESA, CALIFORNIA 92628-1200 Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder IIIIIIIIIIIIIIIiillllllllilllll IIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIII NO FEE 200700046234412:39pm 07124107 115 30 R28 6 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 RESOLUTION NO. 07-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ORDERING THE VACATION OF EXCESS RIGHT-OF-WAY AT 540- 544 VICTORIA STREET. RESOLUTION NO. 07-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ORDERING THE VACATION OF EXCESS RIGHT-OF-WAY AT 540-544 VICTORIA 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 5t" day of June, 2007, adopt Resolution No. 07-49, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE VACATION OF EXCESS RIGHT-OF-WAY AT 540-544 VICTORIA 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 3rd day of July, 2007, 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 July, 2007; and .1 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. RESERVING THEREFROM a public utility easement for all existing underground and overhead facilities and public utilities, together with right of ingress and egress for the purpose of maintaining, replacing and upgrading said facilities and public utilities, and reserving all rights. PASSED AND ADOPTED this 3rd day of July, 2007. ATTEST: (- - �'-' r-- ' � � 4 &' /�:) J e Folcik, 6ty Clerk G Allan R. Mansoor, Mayor APPROVED AS TO FORM: Kimberly Hall Barlow, City Attorney K STATE OF CALIFORNIA ) 'COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 07-62 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 3rd day of July, 2007, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS MANSOOR, BEVER, FOLEY, LEECE NONE FBI .o► IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 5t" day of July, 2007. (SEAL) JUL FOLCIK, CITY CLERK 9 DEED NO. 3620 CITY OF COSTA MESA PUBLIC SERVICES DEPARTMENT EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1: THE WESTERLY 1 ACRE OF THE SOUTH HALF OF LOT 28 OF FAIRVIEW FARMS IN THE CITY OF COSTA MESA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 8, PAGE 71, OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, EXCEPTING THEREFROM THE NORTHERLY 240.00 FEET AND THE SOUTHERLY 46.98 FEET THEREOF. THE ABOVE DESCRIBED PARCEL CONTAINS 2,379 SQUARE FEET. PARCEL 2: A RIGHT OF WAY OVER THE WESTERLY 25 FEET OF THE SOUTH HALF OF LOT 28 OF FAIRVIEW FARMS, AS SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 71 OF MISCELLANEOUS MAPS, RECORDS OF ORNAGE COUNTY, CALIFORNIA. EXCEPT THEREFROM THAT PORTION INCLUDED WITH IN PARCEL 1. RESERVING THEREFROM A PUBLIC UTILITY EASEMENT FOR ALL EXISTING UNDERGROUND AND OVERHEAD FACILITIES AND PUBLIC UTILITIES, TOGETHER WITH RIGHT OF INGRESS AND EGRESS FOR THE PURPOSE OF MAINTAINING, REPLACING AND UPGRADING SAID FACILITIES AND PUBLIC UTILITIES, AND RESERVING ALL RIGHTS. SUBJECT TO ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, RIGHTS, RIGHTS OF WAY, AND EASEMENTS OF RECORD, IF ANY. SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF •a7 4 SCALE: 1 "=20' EXHIBIT "B" SKETCH TO 'ACCOMPANY (EXHIBIT "A") LEGAL DESCRIPTION PARCEL 2 C' 1 SOUTH LINE OF THE N LY 240 OF SOUTH Y2 OF LOT 28, FAIRVIEW FARMS, M.M 8/71 DEED NO. 3620 N89°28'00"E 132.00' �. Q. �.. a.f..... ......................� ...................................................... 77 N89'28'00"E 132.00' CD 0 to 00 c ��� w I.. R WEST LINE OF LOT 28, FAIRVIEW FARMS, M.M. 8/71 N89°28'00"E /� EAST LINE OF THE W'LY—/ C) 1 ACRE OF THE SOUTH - Y2 OF LOT 28, FAIRVIEW �J FARMS, M.M. , 8 / 71 ALSO BEING THE S'LY PROLONGATION OF THE W'LY LINE OF TR. 2092 VICTORIA STREET AREA OF RIGHT-OF-WAY VACATION CONTAINING 2379 S.F. 132.00' r i 132.00' y- Okag�p I.ANd SVR��� VE TRAM Ll OFCALiFO��\P SHEET 2 OF 2 THIS IS NOT A SURVEY BUT IS rDATE02 TY 0 F COSTA MESA PLAT COMPILED FROM EXISTING RECORDS ADDRESS VICTORIA STREET -07 DRAWN BY: BE SCALE: 1 " = 20' COMPILED FROM EXISTING RECORDS