HomeMy WebLinkAbout18-76 - Ordering the vacation of a public utility easement at 1957 Newport BoulevardRESOLUTION NO. 18-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, ORDERING THE VACATION OF A PUBLIC UTILITY EASEMENT AT
1957 NEWPORT BOULEVARD
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES
AS FOLLOWS:
WHEREAS, California Streets and Highways Code Section 8300 et seq.
authorizes the City of Costa Mesa to vacate all or part of a street, highway, or public
service easement within the City; and
WHEREAS, the City of Costa Mesa desires to vacate its interest in the public
utility easement at 1957 Newport Boulevard, as more particularly described and
depicted in Exhibits "A" and "B," attached hereto and incorporated herein by reference
("Vacation Area"); and
WHEREAS, the original dedication per Document Number 94-0732930 was
recorded on December 23, 1994 in the Orange County Recorder's Office; and
WHEREAS, on October 2, 2018, the City Council of the City of Costa Mesa
adopted Resolution No. 18-66, declaring its intention to vacate the Vacation Area in
accordance with the provisions of Section 8300 et seq. of the California Streets and
Highways Code ("Resolution of Intention"); and
WHEREAS, the Resolution of Intention set Tuesday, November 13, 2018, at
7:00 p.m., Costa Mesa Senior Center, 695 W. 19th Street, Costa Mesa, California, as
the time and place for hearing all persons interested in or objecting to the proposed
vacation; and
Resolution No. 18-76 Page 1 of 5
WHEREAS, notices of said proposed vacation and the hearing on the proposed
vacation were posted and published as required by law, in accordance with the
provisions of Section 8300 et seq. of the California Streets and Highways Code; and
WHEREAS, the proposed vacation is based on a review of future improvements
and the current and future needs of the City, and will vacate the land to the underlying fee
owner. The utility easement being vacated is not useful as a public utility easement, is
unnecessary for present or future public use, and the vacation serves the public interest
and is a public benefit; and
WHEREAS, on November 13, 2018, the City Council conducted a hearing on the
proposed vacation and heard evidence offered by all persons interested in or objecting
to the proposed vacation; and
WHEREAS, based on all of the information and evidence submitted, the City
Council finds that the vacation of the Vacation Area is consistent with the City's General
Plan.
that:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Costa
1. The foregoing recitals are true and correct and are incorporated herein by
reference.
2. The City Council hereby finds from all of the evidence presented that the
Vacation Area is unnecessary for present or prospective public use.
3. The City Council hereby orders the vacation of the public utility easement
described and depicted in Exhibits "A" and "B."
Resolution No. 18-76 Page 2 of 5
PASSED AND ADOPTED this 13th day of November, 2018.
Sandra L. Genis, Mayor
ATTEST:
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Brenda Green, dity Clerk Thomas P. Dpiarte, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY
CERTIFY that the above and foregoing is the original of Resolution No. 18-76 and was
duly passed and adopted by the City Council of the City of Costa Mesa at a regular
meeting held on the 13th day of November, 2018, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: Foley, Righeimer, Stephens, Mansoor, Genis
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 14th day of November, 2018.
IIZL� QLS/�--
Brenda Green, dity Clerk
Resolution No. 18-76 Page 3 of 5
SHEET 1 OF 1
EXHIBIT "A"
LEGAL DESCRIPTION FOR
THE VACATION OF P.U.E.EASEMENT
REAL PROPERTY IN THE CITY OF COSTA MESA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
A PORTION OF LOT 30, TRACT NO. 9, AS SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 9, OF MISCELLANEOUS
MAPS, OFFICIAL RECORDS OF SAID ORANGE COUNTY, BEING A STRIP OF LAND 3 FEET IN WIDTH, LYING 3 FEET
SOUTHERLY AND SOUTHWESTERLY OF, CONCENTRIC AND PARALLEL WITH AND ADJOINING THE LAND DESCRIBED
IN THE DEED TO THE CITY OF COSTA MESA RECORDED DECEMBER 8, 1961 IN BOOK 5938, PAGE 731, OF OFFICIAL
RECORDS.
THE SIDE LINES OF SAID 3 FOOT STRIP SHALL BE PROLONGED OR SHORTENED TO TERMINATE IN THE WESTERLY
LINE OF SAID LOT 30 AND THE NORTHWESTERLY LINE OF THE STATE HIGHWAY RIGHT-OF-WAY, PER DEED TO THE
STATE OF CALIFORNIA RECORDED FEBRUARY 17, 1959 IN BOOK 4589, PAGE 260, OF SAID OFFICIAL RECORDS.
THE ABOVE DESCRIBED LAND IS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF.
DATED THIS 17TH DAY OF SEPTEMBER, 2018.
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ALAN R. SHORT, R.C.E. 30873
REGISTRATION EXPIRES 3/31/20
Resolution No. 18-76 Page 4 of 5
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ave 9/17/18 25' 25'
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PER BK 4589, PAGE 260 O.R. l
EXHIBIT "B"
SKETCH TO ACCOMPANY
LEGAL DESCRIPTION FOR
VACATION OF
P.U.E. EASEMENT
SOUTHERLY AND SOUTHWESTERLY
LINE OF EASEMENT TO CITY OF
COSTA MESA PER DEED RECORDED
IN BOOK 5931 PAGE 731.
9/17/18 SHEET I OF I
Resolution No. 18-76 Page 5 of 5