HomeMy WebLinkAbout12-66 - Vacation of Portion of Fullerton Ave Right-of-Way at 164 Flower StreetEXEMPT 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, CA 92628-1200
Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
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RESOLUTION NO. 12-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA, ORDERING THE VACATION OF A PORTION OF
FULLERTON AVENUE RIGHT-OF-WAY AT 164 FLOWER STREET.
RESOLUTION NO. 12-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ORDERING THE
VACATION OF A PORTION OF FULLERTON AVENUE
RIGHT-OF-WAY AT 164 FLOWER STREET
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES
AS FOLLOWS:
WHEREAS, the City Council of the City of Costa Mesa did, on the 4th day of
September, 2012, adopt Resolution No. 12-60, entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS
INTENTION TO ORDER THE VACATION OF A PORTION OF FULLERTON AVENUE
RIGHT-OF-WAY LOCATED AT 164 FLOWER STREET; AND
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 2nd day of October, 2012, 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, 2012; and
WHEREAS, The original 1927 dedication is in excess of the final alignment of
Flower Street which was established in 1960. The purpose of this vacation is based on
a review of the current and future needs of the City and to vacate the excess land to the
underlying fee owner for new improvements. The portion of the street being vacated is
not useful as a nonmotorized transportation facility, is unnecessary for present or future
public use, and the vacation serves the public interest and is a public benefit.
WHEREAS, the Costa Mesa City Council finds and determines from all the evidence
submitted that the hereinafter described right-of-way is unnecessary for present or
$, prospective street purposes;
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 street purposes:
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, 2012.
ATTEST:
Brenda Green,
Interim City Clerk
Eric R. Bever, Mayor
APPROVED AS TO FORM:
Thomas DdaO, City Attorney
2
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
(, BRENDA GREEN, Interim City Clerk of the City of Costa Mesa, DO HEREBY
CERTIFY that the above and foregoing is the original of Resolution No. 12-66 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, 2012, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
IG1029:1►1�Ke1lP►[041111�L I0�0Yil-.]AM0 1
BEVER, RIGHEIMER, LEECE, MENSINGER,
MONAHAN
NONE
NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 17th day of October, 2012.
BRENDA GRE N,
INTERIM CITY CLERK
3
De E C> 3782 -
EXHIBIT "A"
LEGAL DESCRIPTION FOR VACATION OF RIGHT OF WAY
APN 425-234-21
THE LAND REFERRED TO HEREIN IS SITUATED IAT THE CITY OF COSTA MESA,
COUNTY OF ORANGE, STATE OF CALIFORNIA.
BEING A PORTION OF A PUBLIC HIGHWAY PER DEED OF RIGHT OF WAY TO THE
CITY OF COSTA MESA RECORDED NOVEMBER 23, 1927 IN BOOK 101, PAGE 172, OF
OFFICIAL RECORDS. SAID LAND LYING WITHIN A PORTION OF LOTS I AND 2 OF
BLOCK "C" OF TRACT NO. 377, RECORDED IN BOOK 16, PAGE 15 OF
MISCELLANTEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE EASTERLY 9.70 FEET OF THE 14.70 FEET, LYING ADJACENT TO AIID
SOUTHEASTERLY OF THE SOUTHEASTERLY RIGHT OF WAY LINE OF FULLERTON
AVENUE, AS SHOWN ON SAID MAP OF TRACT NO. 377, SAID STRIP OF LAND BEING
BOUNDED NORTHEASTERLY BY THE NORTHEASTERLY LINE OF SAID LOT 2 AND
BOUNDED SOUTHWESTERLY BY THE WESTERLY LINE OF SAID LOT 1, SAID LINE
ALSO BEING THE EASTERLY CURVED LINE AS DESCRIBED PER DEED OF RIGHT
OF WAY TO THE CITY OF COSTA MESA, RECORDED DECEMBER 23, 1959 IN BOOK
5028, PAGE 479, OF OFFICIAL RECORDS.
SEE EXHIBIT `B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF.
PREPARED BY ME OR UNDER MY DIRECTION
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EXHIBIT Ills
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SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOR
VACATION OF RIGHT-OF-WAY
A.P.N. 425-234-21
I VYLY 5.00' OF RIGHT—OF—WAY
1 I PER EASEMENT DEED RECORDED 0
NOV. 23, 1927 PER BK. 101,
PG. 172 O.R. TO REMAIN LOT 3
I- N50'11'45"W 130.00'
Lu 115.30'
I 5
SCALE: 1"=30'
N
C) LOT 7
co
m
z
0
9.70 FEET OF EXISTING 60' RIGHT—OF—WAY GRANTED TO THE CITY
RIGHT—OF—WAY RECORDED NOV. OF COSTA MESA AS SUCCESSOR OF
23, 1927 PER BK. 101, PG. INTEREST FROM THE COUNTY OF ORANGE
172 O.R. TO BE VACATED. RECORDED MAY 13, 1926 IN BOOK 649,
209 OF DEEDS.
JN: 11-1876
6 CITY OF COSTA MESA I
A.P.N. 425-234-21
164 FLOWER STREET
LED FROM
Z
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o
LOT 2
O
o
O
Lu
I�
t
Lo
z
130.00'
C�
z
R=20'
LOT 1
N50'11'45"W 110.OD'
EASTERLY UNE PER STREET &
HIGHWAY DEDICATION TO CITY OF
y�
COSTA MESA BOOK 5028, PAGE
479, REC. 12-23-1959
FLOWER STREET -
SCALE: 1"=30'
N
C) LOT 7
co
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z
0
9.70 FEET OF EXISTING 60' RIGHT—OF—WAY GRANTED TO THE CITY
RIGHT—OF—WAY RECORDED NOV. OF COSTA MESA AS SUCCESSOR OF
23, 1927 PER BK. 101, PG. INTEREST FROM THE COUNTY OF ORANGE
172 O.R. TO BE VACATED. RECORDED MAY 13, 1926 IN BOOK 649,
209 OF DEEDS.
JN: 11-1876
6 CITY OF COSTA MESA I
A.P.N. 425-234-21
164 FLOWER STREET
LED FROM