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HomeMy WebLinkAbout76-126 - Vacating Storm Drain Easement off South Coast Drive, Parallel with Hyland AvenueRESOLUTION NO. 76-126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA VACATING AN EASEMENT IN CERTAIN REAL PROPERTY AND SETTING FORTH REASONS THEREFOR. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the City of Costa Mesa now holds a storm drain easement in that certain real property described in Exhibit "1", attached hereto; and WHEREAS, Meyer Industrial Properties, Incorporated, have now developed that property commonly described as Assessor's Parcel Number 139-03-42 so that a building now encroaches upon said easement, to the extent shown in Exhibit "2", attached hereto; and WHEREAS, Meyer Industrial Properties, Incorporated, and the City of Costa Mesa have agreed to exchange for said prior easement an ease- ment for ingress and egress located upon an undeveloped portion of the subject property which will serve the interests of the City of Costa Mesa, in the same manner as said prior easement, and which substitute easement is described in Exhibit "3", attached hereto; and WHEREAS, Government Code Section 50431 dealing with the procedures necessary to vacate public easements is alternative to any other provi- sions of law; and WHEREAS, Government Code Section 37351 authorizes the municipal corporations to exchange interests in real property for a public pur- pose; NOW, THEREFORE, BE IT RESOLVED that the City of Costa Mesa hereby vacates and abandons all right, interest, and title to that portion of the storm drain easement lying within the Meyer Industrial Properties, Incorporated development described in Exhibit "2", attached hereto, and substitutes for said easement that easement for ingress and egress described in Exhibit "3", attached hereto. PASSED AND ADOPTED this 20th day of September, 1976. ATTEST: C ty Clerk of the City of Cost esa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) Mayor of the ty,o Costa Mesa I, EILEEN P. PHINNEY, 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. 76-126 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof, held on the 20th day of September, 1976. IN WITNESS WHEREOF I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 21st day of September, 1976. i City Clerk and ex -officio Clerk o7esa City Council of the City of Costa Recording Requested by CITY OF COSTA MESA j .2f7)7` 908 1 G 0 3 When Recorded Mail to: CITY OF COSTA MESA nECORDCO AT REQUEST OF Attention — City Clerk I &Ty OF CUSrA MESA P.O. BOX 1200- IN O� ; ,C!.".I. RECORDS OF I COSTA MESA, CALIFORNIA 92626 ORr ri::: COUNTY, CALIF. Mail Tax Statements to: 9:05A6! S`..i' 17 1969 CITY OF COSTA MESA FREE 1. 11'YLI� C110LE, County Recorder P.O. BOX 1200 C3 $ ace Above This Line For Recorder's Use COSTA MESA, CALIFORNIA 92626 P STORM DRAIN EASEMENT Deed No. 1935 e� Name of Easement Right of Way No. Storm Drain Identification A.P. No. 139-03-41 and 42 Date August 2� 1969 Port, of James McFadden Land EASEMENT DEED For valuable consideration, receipt of which is hereby acknowledged, (15 We) Harold T. Segerstrom and Veronica P. Segerstrom, h/w as jt/tens as to an undivided one quarter interest, Nellie Ruth Segerstrom, as to an undivided one quarter interest, Henry t. Segerstrom and Yvonne deC. Segerstrom, h/w as jt/tens as to an undivided one quarter interest, Harold T. Segerstrom, Jr. and Jeanette E. Segerstrom, h/w as jt/tens as to an un- giantda ad one Y prter 'MiebN COSTA MESA a perpetual easement and right of way for storm drain purposes in, on and over all that real property situated in the County of Orange, State of California, described as follows: That portion of the land allotted to James McFadden in Decree of Partition of the 1' Rancho Santiago de Santa Ana, rendered in Case No. 1192 and entered September 12, H 1868, in Book "B", page 410, of Judgments of the 17th Judicial District Court of PA California, in the City of Costa Mesa, County of Orange, State of California, Hmore particularly described as follows: PQ Beginning at the Southeasterly corner of Parcel 1 of a parcel map filed February 15, 1968, in Book 12, page 42, of Parcel Maps, records of said Orange County; thence North 10 13' 20" West, along the Easterly line of said Parcel 1, 582.95 feet to a point 841.23 feet, measured at right angles, Southerly of the centerline of Sunflower Avenue, as Sunflower Avenue is shown on said parcel map; thence North 880 51' 50" East, parallel with the centerline of said Sunflower Avenue, 10.00 feet; thence South 10 13' 20" East, along a line lying 10.00 feet, measured at right angles, Easterly of and parallel with said Easterly line of Parcel 1, 582.95 feet to a point in the Northerly line of South Coast Drive, as shown on said parcel map; thence South 880 51' 50" West, along said Northerly line, 10.00 feet to the Point of Beginning. Beginning at a point in the Easterly line of Parcel 1 of parcel map filed February 15, 1968, in Book 12, page 42, of Parcel Maps, records of said Orange County, said point being 841.23 feet, measured at right angles, Southerly of the centerline of Sunflower Avenue as Sunflower Avenue is shown on said parcel map; thence North 10 13' 20" West, along the Easterly line of said parcel map, 349.27 feet to a point in a non - tangent curve, concave Westerly, having a radius of 32.50 feet; thence Southeasterly and Southerly along said curve through a central angle of 460 11' 13", an arc distance of 26.20 feet, to the beginning of a tangent line, said tangent line being parallel with and 10.00 feet, measured at right angles, Easterly of the Easterly line of said parcel map; thence South 10 13' 20" East, along said parallel line, 325.82 feet, to a point in a line lying 841.23 feet, measured at right angles, Southerly of the centerline of said Sunflower Avenue; thence South 880 S1' 50" West, 10.00 feet to the Point of Beginning. Beginning at the Southeasterly corner of Parcel 2 of parcel map filed February 15, 1968, in Book 12, page 42, of Parcel Maps, records of said Orange County; thence South 880 51' 50" West, along the South line of said Parcel 2, 5.00 feet to a point in a non -tangent curve, concave Southwesterly, having a radius of 17.50 feet; thence Northerly and Northwesterly along said curve, through a central angle of 650 00' 00", an arc distance of 19.85 feet; thence North 230 46' 40" East, radial to said curve, 15.00 feet to a point in a curve, concentric with last mentioned curve, concave Southwesterly, having a radius of 32.50 feet; thence Southeasterly along said curve through a central angle of 180 48' 47", an are distance of 10.67 feet, to a point in the East line of said Parcel 2; thence South 10 13' 20" East, along said East line, 23.45 feet to the Point of Beginning. G;A:L TRX Sfi l::'.: TO 't E7 URN A..= 'ESS A30b'E i 600 903.1 �Au 6C4 As shown on a map attached hereto and made a part of this description. It is understood that the grantor_ grant_ only that portion of the above described land in which -t-he y._have __ on interest. Signed in Presence of: Subscribing Witness: ___ DATED: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss On_ , before me a Notary Public in and for said County and State, personally appeared ___ known to me to be the person_ whose name- - ____subscribed to the within instrument and acknowledged that_ _executed the some. t WITNESS my hand and official seal. (SEAL) Notary Public in and for said County and State. ' my Commission expires.__ Veronica P. Sege trom _L Y v nne eC. Segeistr4 Mn f Yfiarold I. SSeegLe_rstrom jdr. -- .Jeanette 1:. - dour 9081 605 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Deed of Right of Way dated August 29, 1969 from }iarold T. Segerstrom, et al to the CITY OF COSTA MESA, a municipal corporation, is hereby accepted by order of the City Council of the City of Costa Mesa on the 15th day of September 19 69 , and the grantee copsents,to recordation thereof by its duly authorized officer. City Clerk and ex -officio Clerk of the City Council of the City// of Costa Mesa De.�uty DATED:, September "16, 1969 (/ STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) On August 29, 1969, before me, Mary E. Keyes, a Notary Public in and for said State, personally appeared Harold T. Segerstrom, Veronica P. Segerstrom, Nellie Ruth Segerstrom, Henry T. Segerstrom, Yvonne de C. Segerstrom, Harold T. Segerstrom, Jr. b Jeanette E. Segerstrom known to me to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same. j/I �.�lVj � _ / Y1�✓7 Mary ESQ Keys, Notary Public My Commission Expires Feb. 27, 1973 nmmr.nln?-T mm�nn.rni nrn�i n FrIC1Alr',5AL r'i" ARY E. ICEYr='; .. I` ...�. .i�i� .i.. es!. Cat t :'OSTA MESA - / T/ /s CO.tq�/LEO F/20M EX.'s�:•.vG o.ar� ABANDONMENT OF STORM DRAIN EASEMENT A portion of that certain storm drain easement conveyed to the City of Costa Mesa by deed and recorded September 17, 1969, in Book 9081, Page 603 of Official Records of Orange County, California, lying within the land allotted to James McFadden in Decree of Partition of the Rancho Santiago de Santa Ana, rendered in Case No. 1192 and entered September 12, 1868, in Book 'B', Page 410, of Judgements of the 17th Judicial District Court of California, more particularly described as lying westerly of the westerly line of the easterly 10.00 feet of Parcel 2 of a map filed in Book 12, Page 42 of Parcel Maps, records of Orange County, California. All as more particularly shown on the map attached hereto and made a part hereof. EXHIBIT "2" for Resolution No. 76-126 -+- W Q a ,4 S AiFLoWER AVE IEXHIBIT "2" ,LY um- GCL 2 I`Fk t21 °` 1 0ll�k 11,111,Mill -,w ABANDONMENT _ oeavN er.7. V NONE o.... 6-1-76 THIS IB NOT A SURVEY BUT IB C Oq ptl[D /ROY [X IlTIIIf "CORDS 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 92626 Mail Tax Statements to: CITY OF COSTA MESA P.O. BOX 1200 COSTA MESA, CALIFORNIA 92626 :i f 1 396?c 1494 27372 P.ECOR FD IN O=FfCdat. e'�:`t1aD3 C 1 t,F oi, ,t, .E CC:,,R iIA rus A.M. SEP 22 19?6 ),ViYLIE CARLYLE, County necordef Space Aba"re This Line For Recorder's Use AP.N°. 139-031-42 EASEMENT DEED Deed No. 1172 (9-2) TCA 15-049 RAW No. IDR 79 -DR Location Southeast corner of Sunflower THE UNDERSIGNED DECLARE(S) DOCUMENTARY TRANSFER TAX IS NONE. 2' and Hyland COVERNMEN'rAL AGENCY EXEMPT CITY OF COSTA MESA i i� FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MEYER INDUSTRIAL PROPERTIES, INC., a California Corporation rant(s) and convey(s) to the CITY OF COSTA MESA a perpetual easement and right of way for Ingress and Egress purposes in, on, under, cross and through all that real property situated in the CITY OF COSTA MESA, County of Orange, State of California, :escribed as follows: PARCEL A: A strip of land 20.00 feet in width, the most Southerly line of which is described as follows: Beginning at a point on the Westerly line Parcel 2 of a map filed in Book 12, page 42 of Parcel Maps, records of Orange County, California, said point lying North 1°13'40" West a distance of 159.45 feet from the Southwest corner of said Parcel 2; thence North 88°51150" East a distance of 725.98 feet, more or less, to the Westerly line of the Easterly 10.00 feet of said Parcel 2. PARCEL B: The Southerly 179.45 feet of the Easterly 10.00 feet of Parcel 2 as shown on a map recorded in Book 12, page 42 of Parcel Maps, records of Orange County, California r t All as more particularly shown on the map attached hereto and made a part hereof. MEYER INDUSTRIAL PROPERTIES, INC. Dated September 14, 1976 STATE OF CALIFORNIA ) Z;,.s dent COUNTY 01: ) SS On before me, the under- signed, a Notary Public in and for said State, personally ( appeared Secretary known to me to be the person(s) whose name(s) is(are) subscribed to the within instrument and acknowledged that...................................................................................... executed the same. Witness my hand and oflicial seal. Signature_ (Space above for official notarial seal) CMF 0329.62 MAIL TAX STATG,'CNTS P DIRF-CfED ABOVE B I"9I x w iI t 1$96'r 14 95 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Easement Deed dated September 14, 1976, from MEYER INDUSTRIAL PROPER- TIES, INCORPORATED, to the CITY OF COSTA MESA, a municipal corporation, is hereby accepted by the City Clerk of the City of Costa Mesa on behalf of the City Council of said City pursuant to authority conferred by Resolution 74-75 of the City Council of the City of Costa Mesa, adopted on the 1st day of October, 1974, and the grantee consents to recordation thereof by its duly authc,ized officer, namely, the City Clerk of the City of Costa Mesa. DATED: September 21, 1976 Tp a:.; n. x;) (Corp ration) STATE: OF CALIFORNIA COUNTY OF ORANGE SS. City Clerk and ex -officio Clerk of e City Council of the City°of Cost esa TITLE INSURANCE AND TRUST A t ICOR COMPANY (This vea for offleW noteRa1 -0 on S ep t emb e r 14 , 1976 before me, the undersigned, a Notary Public in and for said Richard J Meyer State. personally appeared William G. Peacock la known to me to be the President,,aod , c W known to me to be Secretary of the corporation that executed the within Tnstrument. = known to me to be the persons who executed the within L,=trrnnent on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within in.trument pursuant to its by-laws or a resolution of its board C> 7 ► of directors• OFFICIAL SEAL WITNESS my hand and official seal. _ MARY NOViKOFF L • s NOTARY PUBLIC . CALIFORNIA IN Signature—LG Z"'� Com""— ►RORANGE COUNTY My Commlaslon Eaplres OclaW 30, 1978 Mary No v i ko f f �a�.v.a�la.��►w��►».�»x�r 1 � Name (Typed or Printed) (This vea for offleW noteRa1 -0 ec 11896Pr,1496 ELY L1NP PCL 2 1O' 5 /�/3' 20' E 475.4/' PARCEL B 1 a p r� � f I o 1 � � Z 0) 9 Q vo PC41 �2 N a i :3 ' 20' 40, PO. B. 5 W COR. PCL 2 159.45' 3 N/'13'io'w ----- 40' 44S HYLAND _AVE. 51'13'90"E 6 T� 6:[r M 'N TO ORAVR RT. 7- V T 1 IJ NOT A SURVIY DUT 12 �b COM/ILtD FROM !%1/TIM► RECORD!