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HomeMy WebLinkAbout07-67 - Vacation of Paularino Ave between Airway Ave and John Wayne Airport Subject to ConditioinsPLEASE COMPLETE THIS INFORMATION RECORDING RjE�QUESTED BY: �` Y AND WHEN RECORDED MAIL TO: c v©� Co4it M e54 y4eoZ►ovi- C� beV,K 173 mc I /D 0 1200 TITLE OF DOCUMENT: Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder III I I II III II II IIIIIIII II II III I III I I II NO FEE 200700070026510:20am 11/27107 116 33 R28 7 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 IIS SPACE FOR RECORDER'S USE ONLY 1�rioN N0.07-(07 THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 0*.059•TITLE PAGE (R7/95) RESOLUTION NO. 07-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ORDERING THE VACATION OF PAULARINO AVENUE BETWEEN AIRWAY AVENUE AND JOHN WAYNE AIRPORT SUBJECT TO CONDITIONS. WHEREAS, the City Council of the City of Costa Mesa did, on the 19th day of June, 2007, adopt Resolution No. 07-53 , entitled: " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE VACATON OF EXCESS RIGHT-OF-WAY OF PAULARINO AVENUE BETWEEN AIRWAY AVENUE AND JOHN WAYNE AIRPORT SUBJECT TO CONDITIONS, RESERVING A PUBLIC UTILITY EASEMENT FOR ALL EXISTING UNDERGROUND AND OVERHEAD PUBLIC UTILITIES, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" AND EXHIBIT "B" ATTACHED HERETO. 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 21St day of August, 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 21 st day of August, 2007; and 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 so long as the conditions included herein are met; 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 public street purposes so long as the conditions included herein are adhered to. 2. It is hereby ordered that the following described right-of-way be, and the same shall hereby be vacated upon satisfaction of the conditions set forth herein: All as more particularly described in legal descriptions shown in Exhibit "A" and 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. SUBJECT TO THE FOLLOWING CONDITIONS; 1. The purpose for the vacation is to support the mandate from the Federal Aviation Administration to increase the security at the Airport, subsequently VA strongly recommending that Paularino Avenue at this location be .secured . and closed to the public. 2. Property will not be conveyed to any third party. 3. Vacated property can not be used in any way for physical expansion of the airport or airport operations. Any improvements necessary to meet the FAA mandate to increase airport security will not be construed as a physical expansion of the airport. 4. It is the intent of the City of Costa Mesa that the County be held to the above specific conditions and that the final approval of this vacation is contingent upon two other actions, 1) the execution of an agreement for fueling between the Board of Airborne Law Enforcement and the County of Orange and 2) the acceptance of the vacated property by the Orange County Board of Supervisors with the conditions listed in this resolution. PASSED AND ADOPTED this 21 st day of August, 2007. ATTEST: J ie Folcik, City Clerk �& zzz�"� Allan R. Mansoor, Mayor APPROVED AS TO FORM: Kimberly Hall Barlow, City Attorney 3 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. 07-67 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 21St day of August, 2007, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: MANSOOR, BEVER, DIXON, FOLEY, LEECE NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 22nd day of August, 2007. (SEAL) JU IE FOLCIK, CITY CLERK 0 EXHIBIT "A" "LEGAL DESCRIPTION" OF VACATION OF PAULARI NO' AVENUE A PORTION OF PAULARINO AVENUE TO BE VACATED, THAT PORTION BEING SHOWN ON TRACT NO. 7076, IN THE CITY OF COSTA MESA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 269 PAGES 13 AND 14 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINING AT THE SOUTHERLY CORNER OF LOT 7 OF SAID TRACT NO. 7076, SAID CORNER ALSO BEING A POINT ON THE NORTHEASTERLY LINE OF PAULARI NO AVENUE, 60 FEET WIDE; THENCE SOUTH 28°47'44" WEST ALONG THE SOUTHEASTERLY LINE OF SAID TRACT NO. 7076 A DISTANCE OF 61.31 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID PAULARINO AVENUE, SAID POINT ALSO BEING THE MOST EASTERLY CORNER OF THAT CERTAIN PARCEL OF LAND SHOWN ON A PLAT AS EXHIBIT "B" OF THAT CERTAIN LOT LINE . ADJUSTMENT LL 87-14, RECORDED AS INSTRUMENT NO, 88-628547, OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE NORTH 49021'09" WEST ALONG SAID SOUTHWESTERLY LINE OF PAULARINO AVENUE A DISTANCE OF 426.55 FEET TO THE EASTERLY TERMINUS OF THAT BOUNDARY LINE OF SAID LOT LINE ADJUSTMENT LL 87-14 AS N79043'01"E - 41.92; THENCE SOUTH 79043'20"W ALONG SAID BOUNDARY LINE A DISTANCE OF 41.92 FEET TO A POINT ON A LINE PARALLEL WITH AND 40.00 FEET SOUTHEASTERLY OF THE CENTERLINE OF AIRWAY AVENUE, 80 FEET WIDE; THENCE NORTH 28047'44" EAST ALONG LAST MENTIONED PARALLEL LINE A DISTANCE OF 116.48 FEET TO THE NORTHERLY TERMINUS OF THAT 27 FOOT RADIUS CURVE AS SHOWN ON SAID LOT 7, SAID LAST MENTIONED TERMINUS BEING A POINT OF CUSP WITH A CURVE CONCAVE TO THE EAST HAVING A SAID RADIUS OF 27 FEET AND TO WHICH A RADIAL LINE BEARS N61 °12'16"W; THENCE SOUTHERLY AND SOUTHEASTERLY A DISTANCE OF 36.83 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 78008'53" TO A POINT BEING TANGENT WITH THE NORTHEASTERLY LINE OF SAID PAULARINO AVENUE, SAID POINT ALSO BEING A POINT ON THE SOUTHWESTERLY LINE OF SAID LOT -7; THENCE SOUTH 49°21'09" EAST ALONG SAID NORTHEASTERLY LINE A DISTANCE OF 437.88 FEET TO THE POINT OF BEGINNING. RESERVING THEREFROM A PUBLIC UTILITY EASEMENT FOR ALL EXISTING UNDERGROUND AND OVERHEAD PUBLIC UTILITIES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS FOR THE PURPOSE OF MAINTAINING, REPLACING AND UPGRADING SAID EXISTING PUBLIC UTILITIES. THE ABOVE DESCRIBED VACATION CONTAINING AN AREA OF 28,224 SQ. FT. SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS DOCUMENT CONSISTING OF TWO PAGES, (EXHIBITS "A" AND "B") WAS PREPARED BY ME OR UNDER MY SUPERVISION. LAND S& PREPARED BY: v L STEPHEN HAYES ��V, to `o L.S. 5133 ?Qz- 1�7 � EXPIRES STE L.S. N HAY 133 XPIRES 6-30-07 DATE c� 6-30-07 �Q- HAYES SURVEYING I%i OF CAS -QFC A LAND SURVEYING CORPORATION 12 SEMBRADO - RANCHO SANTA MARGARITA - CA. 92888 TEL: (949) 459-8989 - FAX (949)709-3040 JN 1209-07 SHEET 2 OF 2 EXHIBIT ®v 0w MAP TO ACCOMPANY LEGAL DESCRIPTION OF VACATION OF PAULARB NO � AVENUE s it®o/ i ® Z� I& R= 27.00' A= 78°08'63" 0' 30' 60' 120' L= 36.83 SCALE: 1"= 60' ,o LEGEND N�^N i it INDICATES AREA OF PAULARINO AVENUE TO BE "VACATED" =ry P.O.B. POINT OF BEGINNING [ I INDICATES RECORD DATA PER LOT LINE ADJUSTMENT LL 87-14 INST. NO. 88-628547, O.R. 90 32o. i 90 � O 4z o�o �O 5�D LANG 41 v O Q STEPHEN HAYES L,S.5133 . � coEPIES � N� 6x30-07 �� PREPARED BY: Op CPLo � 5W/II-) STE N HAYE �.S. 133 PIRES 6-30-07 DATE �ti��Q HAYES SURVEYING N� a A LAND SURVEYING CORPORATION i 12 SEMBRADO - RANCHO SANTA MARGARITA - CA 92688 TEL: (949) 459-8989 - FAX (949) 709-3040 / c� JN 1209-07