HomeMy WebLinkAbout19-82 - Ordering the Vacation of a Portion of Sidewalk and Landscape at 3350 Avenue of the ArtsRESOLUTION NO. 19-82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, ORDERING THE VACATION OF A PORTION OF SIDEWALK AND
LANDSCAPE EASEMENT AT 3350 AVENUE OF THE ARTS
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 19th day
of November, 2019, adopt Resolution No. 19-75 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 SIDEWALK AND
LANDSCAPE EASEMENT LOCATED AT 3305 AVENUE OF THE ARTS; 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 17th day of December, 2019, 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 17th day of December, 2019; and
WHEREAS, the original 1984 dedication, by Easement Deed 2751, Instrument
No. 84-00337 recorded January 4, 1984 in the County of Orange Recorder's Office, is in
excess of the full easement width. 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. The portion of the Sidewalk and Landscape easement vacated is not useful
as a City facility, is unnecessary for present or future public use, and the vacation
serves the public interest and is a public benefit.
Resolution No. 19-82 Page 1 of 3
WHEREAS, the Costa Mesa City Council finds and determines from all the evidence
submitted that the hereinafter described the easement portion as unnecessary for
present or prospective sidewalk and landscape purposes;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA
DOES ORDER AND RESOLVE AS FOLLOWS:
1. That the hereinafter described easement portion is unnecessary for
present or prospective City sidewalk and landscape 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 17TH day of December, 2019.
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ATTEST:
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Brenda Gree City Clerk
APPROVE[
TO FORM:
Barlow, City Attorney
Resolution No. 19-82 Page 2 of 3
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. 19-82 and was
duly passed and adopted by the City Council of the City of Costa Mesa at a regular
meeting held on the 17th day of December, 2019, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: CHAVEZ, GENTS, MANSOOR, MARR, REYNOLDS,
STEPHENS,FOLEY
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 18th day of December, 2019.
Brenda Green, Ciy Clerk
Resolution No. 19-82 Page 3 of 3