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Home My WebLink About08-78 - Vacating a Portion of Excess Landscape Easement at 3400 Ave of the ArtsEkEMPT 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 Title of Document: Recorded in official Records, orange County Tom Daly, Clerk -Recorder 111111111111111111111111111111111111111111111111111111111111111111111111111 NO FEE 2008000496285 08:00am 10129108 106 49 R28 10 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 THIS SPACE FOR RECORDER'S USE ONLY Resolution No. 08-78: A RESOLUTION OF THE CITY COUNCIL OF ri— THE CITY OF COSTA MESA, CALIFORNIA, SUMMARILY VACATING VDY A PORTION OF EXCESS LANDSCAPE EASEMENT ADJACENT TO NF SAKIOKA DRIVE LOCATED AT 3400 AVENUE OF THE ARTS. RESOLUTION NO. 08-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, SUMMARILY VACATING A PORTION OF EXCESS LANDSCAPE EASEMENT ADJACENT TO SAKIOKA DRIVE LOCATED AT 3400 AVENUE OF THE ARTS. THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, Sakioka Farms LLC., owner of real property located at 450 Anton Boulevard, requested approval of a master plan amendment, Planning Application PA - 05 -56, to reduce a sidewalk and landscape easement adjacent Anton to Boulevard and Sakioka Drive from 25 feet in width to 20 feet, which was approved by City Council on July 5, 2006 by adopting Resolution No. 06-58; and WHEREAS, the hereinafter described Excess easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation described herein; has been superseded by . relocation; and there are no other public facilities located within said Excess easement area, within the meaning of California Streets & Highways Code Section 8333(a) and (c.), and the summary vacation of said Excess easement is therefore appropriate; and WHEREAS, this vacation is being processed in accordance with Chapter 4 (commencing with Section 8330) of Part 3 of Division 9 of the California Streets & Highways Code; and WHEREAS, on June 12, 2006, the proposed vacation of the Excess easement was referred to the City of Costa Mesa Planning Commission pursuant to Government A 9 Code Section 65402(a) and the Planning Commission determined that .said. vacation: would be in conformity with the adopted City'General Plan; and WHEREAS;' based' on all of the 'information and _evidence submitted the City Council finds .that vacation of the Excess sidewalk and landscape easement is. consistent with the City's general plan; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES ORDER AND RESOLVE AS FOLLOWS: 1. The Excess easement, as set forth in the Original Dedication, is unnecessary for present or prospective use as a public service easement. 2. It is hereby ordered that pursuant to Chapter 4, Secction 8333 of Part 3 of Division 9 of the California Streets & Highways Code, the following described easement be, and the same is hereby, vacated: SEE LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBITS HEREOF "A" AND "B" 3. The City Clerk shall cause a certified copy of this Resolution, attested by the City Clerk under seal, to be recorded without acknowledgment, certificate of acknowledgment, or further proof in the Office of the County Recorder, Orange County, California. PASSED AND ADOPTED this 21St day of October, 2008. ATTEST: Juli Folcik, 6ity Clerk Eric R. Bever, Mayor APPROVED AS TO FORM: Kimberly Hall Barlow, City Attorney e 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. 08-78 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 21 st day of October, 2008, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: BEVER, MANSOOR, 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 October, 2008. JULI FOLCI , CITY CLERK (SEAL) City of Costa Mesa SHEET 1 OF 6 EXHIBIT A LEGAL DESCRIPTION LANDSCAPE AND SIDEWALK EASEMENT VACATION That certain parcel of land situated in the City of Costa Mesa, County of Orange, State of California, being portions of Parcels 1 and 2 of Lot Line Adjustment No. LL -90-11, Recorded April 16, 1991, As Instrument No. 91-178038, Official Records of said County, lying within the 25 foot wide easement for sidewalk and landscaping purposes granted to the City of Costa Mesa by Easement Deed recorded January 4, 1984 as Instrument No. 84-003372, and within the 25 foot wide easement for sidewalk and landscape purposes reserved by the City of Costa Mesa in a Grant Deed recorded April 18, 1991 as Instrument No. 91-178039, described as follows: STRIP 1A A strip of land 5.00 feet in width being the Westerly, Northwesterly and Northerly 5.00 feet of Parcel "A" of said Instrument No. 84-003372, said Parcel "A" described as the Easterly, Southeasterly and Southerly 25.00 feet of Lot 1 of Tract No. 10950, as shown on a Map filed in Book 515, pages 1 through 8, inclusive, of Miscellaneous Maps, in the office of the County Recorder of said County, the Easterly, Southeasterly and Southerly lines of said 25.00 feet of land being the Westerly, Northwesterly and Northerly lines of Anton Boulevard as shown on said map. The Westerly terminus of the sidelines of said strip of land to be prolonged or shortened to terminate at the easterly line of Lot "B" of said Tract No. 10950 and the Northerly terminus of the sidelines of said 5.00 feet of land to be prolonged to terminate at the Northeasterly line of said Lot 1. STRIP 1B That portion of Parcel "B" of said Instrument No. 84-003372, being a 5.00 foot wide strip of land, the Easterly and Southeasterly sideline of which is a line parallel and concentric with and 25.00 feet Easterly and Southeasterly of the Westerly line of said Lot 1. The Northerly terminus of the sidelines of said 5.00 feet of land to be prolonged to terminate at the most Northwesterly line of said Lot 1, and the Southerly terminus of the sidelines of said 5.00 feet of land to be prolonged or shortened to terminate at the Northerly line of said Lot "B". STRIP 1C The Easterly, Northeasterly and Northerly 5.00 feet of that certain easement reserved in said Instrument No. 91-178039. The Northerly terminus of the sidelines of said 5.00 feet of land to be prolonged or shortened to terminate at the Northerly line of said Lot "B", and the Easterly terminus of the sidelines of said 5.00 feet of land to be prolonged or shortened to terminate at the Easterly line of said Lot "B". Contains 19,167 sq. ft., or 0.44 acres, more or less. 0ANo s o U �, M I Ck`)- Subject to all covenants, conditions, restrictions, reservations, rights of u\P� �s o way and easements of record if any. ' m y Exp. 06/30/09 As shown on Exhibit "B" attached hereto and by this reference made apart hereof. / s�q No. 7320 �% a4L (/� ' " / �U (h OF CAI \FC Brian K. Mickelson, L.S. No. 7320 License Expires 06/30/09 M:\Mapping\226\21\Legal Descriptions\SW & LS ESMT VACATION (PORTION)\22621 SW&LS ESMT VACATION PORTION (DEED NO.36XX) Exh A (legal).doc DEED NO. 3667 City of Costa Mesa SHEET 2 OF 6 EXHIBIT B SKETCH TO ACCOMPANY LEGAL DESCRIPTION • (N 89'40'35" W ► (N 89'40'35" W SUNFLOWER 1504.75') 845.04') AREA TO BE VACATED PARCEL 2 LOT LINE ADJUSTMENT NO. LL -90-11 INSTRUMENT NO. 91-178038, O.R. N SCALE: 1 " = 100' J7 J 7rsr��' r 1�JJ, 1JJ�0 MATCH LINE SEE SHEET 30F6 LEGEND 1A STRIP 1A 1 B STRIP 1B 1 C STRIP 1C PARCEL "A" OF INSTRUMENT NO. 84-003372 PARCEL "B" OF INSTRUMENT NO. 84-003372 EASEMENT RESERVED BY INSTRUMENT NO. 91-178039 ® = AREA TO BE VACATED A VE. 53' I o 0 N QO � 0 of C4 N M — 5' ~25'w -- 20' Ln w 'i1 N W Loz� N 10 O OZ O Z� O v z m Q NOTE: BEARINGS AND DISTANCES SHOWN IN PARANTHESES ( ) ARE RECORD PER THE MAP OF TRACT NO. 10950 M.M. 515 / 1-8. BEARINGS AND DISTANCES SHOWN IN BRACKETS [] ARE RECORD PER LOT LINE ADJUSTMENT NO. LL -90-11 RECORDED APRIL 16, 1991 AS INSTRUMENT NO. 91-178038, OFFICIAL RECORDS. BRIAN K. MICKELSON, L.S. 7320 LICENSE EXPIRES 06/30/09 p LAND ,3 rEx\p. CkFLF�O2 06/30/09 s No. 7320 N \OF CA1\FO� DEED NO. 3667 City of Costa Mesa SHEET 3 OF 6 EXHIBIT B SKETCH TO ACCOMPANY LEGAL DESCRIPTION DT 1 7rsr�(' r j\1J, 10960 Aill iL SCALE: 1" = 100' MATCH LINE SEE SHEET 20F6 PARCEL 2 LOT LINE ADJUSTMENT NO. LL -90-11 INSTRUMENT NO. 91-178038, O.R. AREA TO - BE VACATED m Q 25'1 Q 44 ivies i vi i L-1 Iv9 SEE SHEET 4OF6 LEGEND ® = AREA TO BE VACATED P� DEED NO. 3667 City of Costa Mesa SHEET 4 OF 6 EXHIBIT B SKETCH TO ACCOMPANY LEGAL DESCRIPTION MATCH LINE SEE SHEET 3OF6 S3Q SCALE: 1" = 100' 20' 1A = ` s' 0 PARCEL 2 2S' LOT LINE ADJUSTMENT NO. LL -90-11 `V INSTRUMENT NO. 91-178038, O.R. AREA TO - BE VACATED MATCH LINE SEE SHEET 5OF6 LEGEND ® = AREA TO BE VACATED ,a .t SCALE I� 53' .. w City of Costa Mesa .. M ^ W EXHIBIT B SKETCH TO ACCOMPANY LEGAL DESCRIPTION MATCH LINE 00 cq AREA TO BE VACATED SEE SHEET z 6 OF 6 / 69.11,6o'-\ ^``'X35 `N '96 � o` O PARCEL 1 I 1 LOT LINE ADJUSTMENT NO. LL -90-11 »S' = 100 INST. NO. 91-178038 -30,p O.R. I� 53' .. w .. M ^ W � ^ N M � 00 ^0 co O" d- 00 cq v v O v z I / ANTON 1B ^a:^ 1131 rya �� rFi14 J\1 J, 10196) 0 1 Ail, Ail, 05 -16) 1 81 - II EXISTING 20' EASEMENT FOR -20' �I SANITARY SEWER PURPOSES OF ORANGE COUNTY SANITATION DISTRICT N0. 7, PER BK. 7295 PG. 63, O.R. PARCEL 2 LOT LINE ADJUSTMENT NO. LL -90-11 INSTRUMENT NO. 91-178038, O.R. 1197 II (N 89'33'22" W) r ri A r,r �� J j 1 O J O I I (174.33') AiLiM, 515-�1JJ I II Iw AREA TO BE VACATED Ito IV) MATCH LINE IN SEE SHEET 1c "lZ 4 OF 6 1 �J (146.33') (79.33') (225.66') 0 (N89 33'22"W) LO N N (306.66') (N 89.33'22" W) LEGEND BOULEVARD DEED NO. 3667 SHEET 5 OF 6 ® = AREA TO BE VACATED MATCH LINE SEE SHEET 5 OF 6 DEED NO. 3667 City of Costa Mesa SHEET 6 OF 6 EXHIBIT B SKETCH TO ACCOMPANY LEGAL DESCRIPTION SUNFLOWER AVENUE 63, l �� (N 89'40'35" W 1504.75') w r�1 N o ��`L�1 (N 89'40'35" W 297.71') o 0 b c2 o .. L N 0 20' —I I ---EXISTING 20' EASEMENT FOR SANITARY SEWER PURPOSES o I I OF ORANGE COUNTY z I I SANITATION DISTRICT NO. 7, PER BK. 7295 PG. 63, O.R. h o' Z� 0 16 n c a V 44,11 \7 —AREA TO BE VACATED pw SCALE: 1 " = 100' PARCEL 2 LOT LINE ADJUSTMENT NO. LL -90-11 INSTRUMENT NO. 91-178038, O.R. J7 J j rr�r��'7 J�JJ� 1JJ�J LEGEND 1A STRIP 1A "q" PARCEL "A" OF INSTRUMENT NO. 84-003372 1B STRIP 1B "B" PARCEL "B" OF INSTRUMENT NO. 84-003372 1C STRIP 1C "C" EASEMENT RESERVED BY INSTRUMENT NO. 91-178039 ® = AREA TO BE VACATED