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Home My WebLink About07-76 - Ordering the Vacation of Public Alley No. 128.a 2 EXEMPT 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 This Document was electronically recorded by ER Cert Mail D Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIII NO FEE 2007000657124 09:58am 10/30/07 2A11 R287 00 0.00 0.00 0.00 0.00 0.00 0.00 0;00 RESOLUTION NO. 07-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ORDERING THE VACATION OF PUBLIC ALLEY NO. 128. r RESOLUTION NO. 07-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ORDERING THE VACATION OF PUBLIC ALLEY NO. 128. WHEREAS, the City Council of the City of Costa Mesa did, on the 18th day of September, 2007, adopted Resolution No. 07-72, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE VACATON OF PUBLIC ALLEY NO. 128, RESERVING A PUBLIC UTILITY EASEMENT FOR ALL EXISTING UNDERGROUND AND OVERHEAD PUBLIC UTILITIES, AND A DRAINAGE EASEMENT FOR DRAINAGE PURPOSES TOGETHER WITH RIGHT OF INGRESS AND EGRESS FOR THE PURPOSE OF MAINTAINING, REPLACING AND UPGRADING SAID EXISTING PUBLIC UTILITIES AND DRAINAGE FACILITIES 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 16th day of October, 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 16th day of October, 2007; and WHEREAS, the Costa Mesa City Council finds anddetermines fromall. 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 Alley purposes. 2. It is hereby ordered that the following described right-of-way .be, and the same are hereby vacated: 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 16th day of October, 2007 ATTEST: Julij Folcik, bity Clerk Allan R. Mansoor, Mayor APPROVED AS TO FORM: Kimberly Hall Barlow, City Attorney 2 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. 07-76 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 16th day of October, 2007, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: MANSOOR, BEVER, DIXON, LEECE NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: FOLEY IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 17th day of October, 2007. (:)�640 -� a12 - JULIt FOLCIK, CITY CLERK [c3 DEED NO. 3618 ,� oy SHEET 1 OF 3 VETRAN CITY OF COSTA MESA 11 9.61-0 PUBLIC SERVICES DEPARTMENT L6870 EXHIBIT "A" aFe�ur.. ALLEY NO. 128 VACATION LEGAL DESCRIPTION VACATION OF A 20 FOOT WIDE ALLEY LYING NORTHEASTERLY OF A PORTION OF LOT 97 AND LOT 98, NEWPORT HEIGHTS, RECORDED IN BOOK 4, PAGES 83 OF MISCELLANEOUS MAPS ON FILE IN THE OFFICE OF THE ORANGE COUNTY RECORDER, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTHEASTERLY 20 FEET OF SAID LOT 98 AND THE NORTHEASTERLY 20 FEET OF THE SOUTHEASTERLY 485 FEET OF SAID LOT 97, NEWPORT HEIGHTS, IN THE CITY OF COSTA MESA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 4, PAGES 83 OF MISCELLANEOUS MAPS ON FILE IN THE OFFICE OF THE ORANGE COUNTY RECORDER, EXCEPTING THE NORTHEASTERLY 20 FEET OF THE SOUTHEASTERLY 62 FEET OF THE NORTHWESTERLY 440 FEET OF LOT 98, NEWPORT HEIGHTS, IN THE CITY OF COSTA MESA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 4, PAGES 83 OF MISCELLANEOUS MAPS ON FILE IN THE OFFICE OF THE ORANGE COUNTY RECORDER, PER PREVIOUS ALLEY VACATION, RESOLUTION 98- 43 RECORDED AS INSTRUMENT NO. 19980507063 ON AUGUST 5, 1998 ON FILE IN THE OFFICE OF THE ORANGE COUNTY RECORDER. CONTAINING 0.48 ACRES OR 21,060 SQUARE FEET, MORE OR LESS. RESERVING THEREFROM a public utility easement for all existing underground and overhead public utilities, and a drainage easement as shown on the attached exhibit, for drainage purposes together with right of ingress and egress for the purpose of maintaining, replacing and upgrading said existing public utilities and drainage facilities. SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF This document consisting of three sheets, Exhibit "A" (Legal Description: one page) and Exhibit "B" (Plat Map: 2 pages) was prepared by me or under my supervision. W EXHIBIT "B" SHEET 3 OF 3 MATCHLINE,A SEE SHEET 2— — 450 462 J o. 0 468 CID =~ 20.0' I I NORTHEPISETERLY ALINE OF LOT 98 I LEGEND ® AREA TO BE VACATED CITY OF —— I Q _I 488 P.U.E. & DRAINAGE _ EASEMENTI RESERVED HEREON I IRVINE AVENUE EXCEPTION, PREVIOUS VACATION PER INSTRUMENT NO. 19980507063 COSTA ALLEY N 0 . 128 VACATION DRAWN BY: BE MESA DATE: 05-08-07 THIS IS NOT A SURVEY BUT IS COMPILED FROM EXISTING RECORDS Li �L] �> 474 I c~n O 480 � m LEGEND ® AREA TO BE VACATED CITY OF —— I Q _I 488 P.U.E. & DRAINAGE _ EASEMENTI RESERVED HEREON I IRVINE AVENUE EXCEPTION, PREVIOUS VACATION PER INSTRUMENT NO. 19980507063 COSTA ALLEY N 0 . 128 VACATION DRAWN BY: BE MESA DATE: 05-08-07 THIS IS NOT A SURVEY BUT IS COMPILED FROM EXISTING RECORDS ' T`` EXHIBIT "B" SHEET 2 OF 3 TU STI N AVENUE .i VE THAN L6870 L) -1420 420 P.U.E. & IDRAINAGE FOFeAu' EASEMENTRESERVED -HEREON _I W W�/7 � I � CC � 424 - I I w C d- c-�1 U) 4-1 AL1 C 428 20.0' ►�1,0 1 I J I� L) __j Li I 430 -01) I m \� 436 �� I U 1� ~ NORTHEAlSETERLY /L) C1 440 - LINE OF I LOT 97 I I I - - L 448- MATCHLINE SEE SHEET 3 LEGEND ® AREA TO BE VACATED CITY OF COSTA 'MESA ALLEY N 0 . 128 VACATION DRAWN BY: BE I DATE: 05-08-07 THIS IS NOT A SURVEY BUT IS COMPILED FROM EXISTING RECORDS