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Home My WebLink About99-84 - Summarily vacating excess right-of-way located south of Anton Blvd. being a portion of Lot 3 of Tract 10950130 Exempt recording requested pursuant to Government Code Section 6103 by City of Costa Mesa. When recorded, mail to: City of Costa Mesa Mary T. Elliott, Deputy City Clerk Post Office Box 1200 Costa Mesa, CA 92628-1200 Recorded January 5, 2000 Document No. 20000005004 RESOLUTION NO. 99-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, SUMMARILY VACATING EXCESS RIGHT-OF-WAY LOCATED SOUTH OF ANTON BOULEVARD BEING A PORTION OF LOT 3 OF TRACT 10950. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, pursuant to the original conditions of approval for Tract No. 10950, the owners of said tract (a portion of the South Coast Metro Center property) previously dedicated to the City an easement for an on-ramp for street and highway purposes over portions of Lots 2 and 3 of said tract, extending generally from Anton Boulevard on the north to the right-of-way for the northbound 1-405 freeway on the south, which easement was recorded on July 18, 1985, as Instrument No. 85-265019 of the Official Records of Orange County, California (the "Original Dedication"); and WHEREAS, the California Department of Transportation ("Caltrans") has recently determined that the location of the freeway on-ramp will be relocated slightly to the east of the right-of-way area encompassed by the Original Dedication; and WHEREAS, both the fee owner and ground lessee of Lot 3 of Tract No. 10950 have entered into an agreement with the City of Costa Mesa to grant the additional rights-of-way requested by Caltrans and the Cite in order to accommodate the portions of the relocated freeway on-ramp on that lot; and WHEREAS, Caltrans and the City no longer need or require the portion of the Original Dedication on said Lot 3 that is more particularly described in Exhibits "A" and "B" attached to and incorporated into this Resolution (the "Excess Right - of -Way"); and WHEREAS, the hereinafter described Excess Right -of -Way 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dedicated or acquired for five consecutive years immediately preceding the proposed vacation described herein; has been superseded by relocation; and there are no other public facilities located within said Excess Right -of -Way, within the meaning of California Streets & Highways Code Section 8333(a) and (c), and the summary vacation of said Excess Right -of - Way 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 December 13, 1999, the proposed vacation of the Excess Right -of -Way was referred to the City of Costa Mesa Planning Commission I'll pursuant to Government 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 Right -of -Way 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 Right -of -Way, 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, Section 8333 of Part 3 of Division 9 of the California Streets & Highways Code, the following described right-of-way 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 Deputy 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 20`h day of December, 1999. Mayor of the/City of Costa Mesa ATTEST" Deputy City erk of the City of Costa Mesa STATE OF CALIFORNIA COUNTY OF ORANGE 1 ss CITY OF COSTA MESA ) I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of the city of Costa Mesa, hereby certify that the above and foregoing Resolution No. 99-84 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 20`h day of December, 1999. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 218` day of December, 1999. Deputy City lerk and ex -officio Clerk of the City Co it of the City of Costa Mesa 132 EXHIBIT "A" LEGAL DESCRIPTION OF ON-RAMP VACATION In the City of Costa Mesa, County of Orange, State of California, being that portion of Lot 3 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, described as follows; Commencing at the Northwesterly terminus of that certain course shown on said map as "North 25°19'40" West 752.22 feet" along the Northeasterly line of said Lot 3, said terminus being on a non -tangent curve concave Northwesterly and having a radius of 953 feet, a radial line of said curve from said terminus bears North 38°52'09" West; thence along said curve and the Northwesterly line of said Lot 3 Southwesterly 67.13 feet through a central angle of 04002'09" to the TRUE POINT OF BEGINNING; thence South 36024'22" East 342.23 feet to a point hereinafter referred to as "Point A", being on the boundary of said Lot 3; thence along said boundary South 25019'40" East 384.17 feet to a point that bears the following courses from hereinabove said "Point A": South 36°24'22" East 237.55 feet to the beginning of a curve concave westerly and having a radius of 168.64 feet and along said curve through a central angle of 55°47'30" a distance of 164.21 feet; thence continuing along said curve through a central angle of 09°38'11" a distance of 28.36 feet to said boundary of Lot 3; thence along said boundary the following courses: South 65°44'39" West 18.45 feet, South 20044'34" West 28.28 feet and South 65°44'39" West 85.98 feet to the Southeasterly line of that 20 foot wide easement for storm drain purposes dedicated to the city of Costa Mesa on said map, being a non -tangent. curve concave westerly having a radius of 300.00 feet, a radial line to said point bears South 58029'53" East; thence along said Southeasterly line and the easterly line of said easement, Northerly 352.72 feet along said curve, through a central angle of 67°21'49" and tangent to said curve North 35051'42" West 452.87 feet to the Northwesterly line of said Lot 3, being a non - tangent curve concave Northwesterly having a radius of 953.00 feet, a radial line to said point bears South 32051'15" East; thence Northeasterly 32.92 feet along said curve and said Northwesterly line, through a central angle of 1°58'45" to the TRUE POINT OF BEGINNING. Revised December 9, 1999 November 4, 1999 Page I of 2 XV.O. 2314-1T H&A Legal No.: 4835 By: R. Williams Checked By: V. Edge/d Exhibit "A" Resolution No. 99-84 Page 1 of 2 1 As shown on Exhibit "B", attached hereto and by this reference made a part hereof. 9q6 Rory S. 111iams, L.S. No. 6654 License Expires: December 31, 1999 1 1 \p,N D SU�Gt� Rory S. Williams � Exp. 12/31199 No. 6654 \� �9�OF CAS\F�� Exhibit "A" Resolution No. 99-84 Page 2 of 2 Reuised December 9, 1999 November 4, 1999 Page 2 of 2 W.O. 2314-1T H&A Legal No.: 4835 By: R. Williams Checked By: V. Edge/d 133 134 LAND ti Exp. 12/31/99 ,r No. 6654 EXHIBIT "Q" Sketch to Accompany Legal Description O T.P.O. R B N32 51'1 - °p"--- -- A,jVOS°`RAD A=01'58'45" R=953.00' .-_ / �' r!�38„ L=32.92' ' �;S20g•• / P.O.C. 1'• Cb RORY LLIAMS, L.S. NO. 6654 ^oy / LICENSE EXPIRES: DECEMBER 31, 1999 a / 4=04a 02'09" R=953.00' 20' EASEMENT FOR STORM/ry / L=67.13' DRAIN PURPOSES DEDICATED TO THE CITY OF COSTA MESA BY TR. NO. 10950, M -M. 515/1-8. ?a• 2 �(` / 700 OFF ary�HSZ) e) TOF 8S\26SO H pFR AREA OF VACATION 700,R 0/v_ )Y44f" Q14 3; 4=6721'49" / ,• m L=352.72' c� f i Z' Sss, 8s 28'• S-20-44'3 _ - A -09o 38'11" L=28.36' 1B.45'-S6Sa510 _ If/0=65°25'41 V-7-00- - ----- R=168.64' 1�9 '�p L=192.57' ®HUNSAKER & ASSOCIATES VACATION OF ON-RAMP I R V 1 N E I N C PLANNING ENGINEERING SURVEYING AS DEDICATED BY INST. NO. 85-265019, OR Three Hughes • Irvin U 97616 -PR(949)583-1010 FK (949) 581-0759 CITY OF COSTA MESA, COUNTY OF ORANGE, STATE OF CALIFORNIA DATE:11-2-99 REV. 12-9-99 e,�R. WilliamS a;° V. Ede SCALE: 1"=100' W.O. 2314-1T I:\SOUTHCOASTMETRO\LD\4835\SHT0I.DWG H&A LEGAL No. 48351 SHEET 1 OF 1 Exhibit "B" Resolution No. 99-84 Page 1 of 1 1 1 1