HomeMy WebLinkAbout14 - PH-1 - Public Hearing for the Vacation of Sidew - 12/17/2019RESOLUTION NO. 19-75
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 AT 3350 AVENUE OF THE
ARTS
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY
RESOLVES AS FOLLOWS:
SECTION 1. The City Council of the City of Costa Mesa does hereby declare its
intention to vacate a portion of its interest in the sidewalk and landscape easement at 3350
Avenue of the Arts, being more particularly described in Exhibit A and B attached hereto. The
original 1984 dedication is in excess of the final sidewalk and landscape alignment of Avenue
of the Arts. The purpose of this vacation is based on a review of the current and future needs
of the City and to vacate the excess portion of the easement to the underlying fee owner.
SECTION 2. On 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, is hereby fixed as
the time and place for hearing all persons interested in or objecting to the proposed
vacation.
SECTION 3. These proceedings shall be conducted pursuant to the provisions of
Section 8300 et seq. of the Streets and Highways Code of the State of California, and
any other applicable laws.
SECTION 4. The City Manager of the City of Costa Mesa is hereby directed to
cause notices of the said proposed vacation to be conspicuously posted along said strip
of land for at least two (2) weeks before the date of said hearing. Said notices shall be
posted not more than three hundred (300) feet apart, but in no event shall fewer than
three (3) notices be posted.
SECTION 5. This Resolution shall be published twice in a newspaper of general
circulation, printed and published in the City of Costa Mesa, Orange County, California.
Resolution No. 19-75 Page 1 of 2
Attachment 6
PASSED AND ADOPTED this 19th day of November 2019.
Katrina Foley, Mayor
ATTEST: APPROVED AS TO FORM:
Brenda Green, City Clerk Kimberly Hall Barlow, 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. 19-75 and was
duly passed and adopted by the City Council of the City of Costa Mesa at a regular
meeting held on the 19th day of November 2019, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: Chavez, Marr, Reynolds, Stephens, Foley
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS: Genis, Mansoor
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 20th day of November, 2019.
Brenda Green, City Clerk
Resolution No. 19-75 Page 2 of 2
EXHIBIT "A"
SIDEWALK AND LANDSCAPE EASEMENT VACATION
THE EASTERLY 5.00 FEET OF PARCEL "R", IN THE CITY OF COSTA MESA, COUNTY
OF ORANGE, STATE OF CALIFORNIA, BEING DESCRIBED IN AN EASEMENT DEED
TO THE CITY OF COSTA MESA, RECORDED JANUARY 4, 1984 AS INSTRUMENT NO.
84-003372, OFFICIAL RECORDS OF SAID COUNTY, LYING WITHIN LOT 13 OF TRACT
NO. 10950, IN THE CITY OF COSTA MESA, COUNTY OF ORANGE, STATE OF
CALIFORNIA, PER MAP FILED IN BOOK 515, PAGES 1 THROUGH 8 OF
MISCELLANEOUS MAPS, OF SAID COUNTY.
CONTAINING 1,890 SQUARE FEET MORE OR LESS.
SUBJECT TO ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS,
RIGHTS, RIGHTS OF WAY AND EASEMENTS OF RECORD, IF ANY,
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A
PART HEREOF.
t
AT 'D THIS IV ,-DAY OF ii,nft-1.1/--- 2019.
1'l
EGORY T/SCHLARBAUM, P.L.S. 6704
FUSCOE ENGINEERING
PAGE 1 OF 1
M0Mapping \ 1514\01 Legals Sidewalk Esny Vacation \ 1514-001 Esint Vacation Legal.docx
Ik.\ MAPPING \ 15I4 \ 01 \ LEGALS \ SIDEWALK ESMT VACATION \ 1514-001 ESMT VACATION.DWO (10-18-19)
144 284.09'
LOT 14
TRACT NO. -10950
539 515/1-3 O.R.
NEE15210.719
5'
VICINITY MAP
NOT TO SCALE
SCALE: 1 60'
4-A - EASEMENT VACATION AREA
SUNFLOWER AVENUE
EASEMENT VACATION N
BOULEVARD
LOT 13
TRACT NC. 10 g 60
11/191 515/1-8 0.FL E ARTS (PUBLIC) PARCEL "R7 OF AN EASEMENT DEED
TO THE CITY OF COSTA MESA,
RECORDED JANUARY 4, 1984 AS
INSTRUMENT NO. 84-003372, O.R.
N88.44'510, 127.00'
429
224
100.00'
L CDT A
TRACT NO. 10960
IVIPA 5-15/1-8 O.R.
0
LEGEND:
44 54
EXHIBIT "B"
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
SIDEWALK AND LANDSCAPE EASEMENT VACATION
LOT 13 OF TRACT NO. 10950
FUSCOE-
E N G I N E E R I N G
16795 Van Korman, Seen 100. Irvine, California 92606 tel
949.174 1960 6 fart 9E19.474 5315 6 wweeftiscoenom
DATE: 007.18, 2018
SCALE: AS NOTED
UN' 1514.001 SHEET 1 OF 1
1
CITY COUNCIL AGENDA REPORT
MEETING DATE: DECEMBER 17, 2019 ITEM NUMBER: PH-1
SUBJECT: PUBLIC HEARING FOR THE VACATION OF SIDEWALK AND
LANDSCAPE EASEMENT AT 3350 AVENUE OF THE ARTS
DATE: NOVEMBER 12, 2019
FROM: PUBLIC SERVICES DEPARTMENT/ENGINEERING DIVISION
PRESENTATION BY: RAJA SETHURAMAN, PUBLIC SERVICES DIRECTOR
FOR FURTHER INFORMATION
CONTACT:
RAJA SETHURAMAN, 714-754-5343
RECOMMENDATION:
Staff Recommends that the City Council:
1. Adopt proposed Resolution No. 19-xx ordering the vacation of a portion of
sidewalk and landscape easement at 3350 Avenue of the Arts (Attachment 1).
2. Authorize execution of the Quitclaim Deed by the Mayor and the City Clerk
(Attachment 2).
BACKGROUND:
At the request of the property owner, Rosanna Inc., the Public Services Department,
Engineering Division, has reviewed a request to vacate a 5.00-foot portion of a 25.00-
foot wide sidewalk and landscape easement at 3350 Avenue of the Arts (Attachment 3).
The sidewalk and landscape easement is adjacent to the Avenue of the Arts side of the
property and was originally dedicated to the City by Easement Deed 2751, Instrument
No. 84-003372 recorded January 4, 1984, in the County of Orange Recorders Office.
Avenue of the Arts is currently not included on the Master Plan of Highways. At this
location, Avenue of the Arts has a full right-of-way (ROW) width of 76 feet with an
additional 25-foot sidewalk and landscape easement at the 3350 Avenue of the Arts
side only (Attachment 3).
ANALYSIS:
The excess easement was reviewed by the Engineering and Transportation Services
Divisions, as well as the Bikeway and Walkability Committee. It was determined that
Avenue of the Arts is classified as a Class III bicycle facility (Route), and consequently
additional right-of-way is not required for any motorist and/or non-motorist usage.
2
Attachment 4 shows the street cross section with Avenue of the Arts being a Class III
bicycle facility (Route).
The Bikeway and Walkability Committee reviewed the request for the subject easement
vacation on November 6, 2019, and approved it with an 8-3 vote. Additionally, there are
no public improvements within the subject sidewalk and landscape easement area
proposed to be vacated. The request to vacate 5.00 feet would allow a 20.00-foot
landscape easement to remain in addition to the required ROW width.
The vacation of this portion of sidewalk and landscape easement is in conformance
with the objectives of the General Plan Circulation Element and conforms to the
California Streets and Highways Code, Chapter 4, Section 8334(a), which allows a local
agency to summarily vacate an excess right-of-way of a City easement not required for
stated sidewalk and landscape purposes.
On October 14, 2019, a report was presented to the Planning Commission outlining the
proposed vacation as required by Government Code Section 65402. Subsequently, the
Planning Commission adopted Resolution No. PC-19-46 (Attachment 5) finding that the
proposed vacation of the 5.00-foot portion of the sidewalk and landscape easement is
consistent with the City’s General Plan.
A Notice of Intention to vacate a portion of sidewalk and landscape easement was
presented to the City Council at its regular meeting of November 19, 2019. Resolution
No. 19-75 was subsequently adopted thereby setting this public hearing (Attachment 6).
The property has been posted and notices of this public hearing were published as
required by the proposed Resolution.
ALTERNATIVES CONSIDERED:
There are no alternatives for the proposed action as it would not be consistent with
proposed development and could affect private project development plans.
FISCAL REVIEW:
The proposed vacation of a portion of the sidewalk and landscape easement will not have
any fiscal effect to the City.
LEGAL REVIEW:
The City Attorney’s Office has reviewed and approved the attached Resolution as to form.
CITY COUNCIL GOALS & PRIORITIES:
This is an administrative action to vacate a portion of sidewalk and landscape easement.
3
CONCLUSION:
Staff recommends that the City Council adopt a Resolution ordering the vacation of a
portion of sidewalk and landscape easement adjacent to 3350 Avenue of the Arts. In
addition, staff recommends that the City Council authorize execution of the Quitclaim
Deed by the Mayor and the City Clerk.
_________________________________
RAJA SETHURAMAN
Public Services Director
_________________________________ ________________________________
KELLY A. TELFORD, CPA KIMBERLY HALL BARLOW
Finance Director City Attorney
ATTACHMENTS: 1. Resolution No. 19-xx ordering the vacation of a portion of
sidewalk and landscape easement at 3350 Avenue of the Arts
2. Quitclaim Deed
3. Proposed easement vacation area exhibits
4. Street Cross Section
5. Planning Commission Resolution No. PC-19-46
6. Resolution 19-75
Resolution No. 19-xx Page 1 of 3
RESOLUTION NO. 19-xx
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.
Attachment 1
Resolution No. 19-xx Page 2 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.
_____________________________
Katrina Foley, Mayor
ATTEST: APPROVED AS TO FORM:
________________________ _____________________________
Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney
Resolution No. 19-xx Page 3 of 3
THIS PAGE IS RESERVED FOR THE CITY CLERK’S OFFICE.
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-xx and was
duly passed and adopted by the City Council of the City of Costa Mesa at a regular
meeting held on the ___day of _____, 2019, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this ___day of _____, 2019.
___________________________
Brenda Green, City Clerk
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 92628-1200
Mail Tax Statements to:
Owner (s) of Record
APN: 410-521-01 Deed No.: 3885
TCA: 15-036
Location: 3350 AVENUE OF THE ARTS Exempt Recording Requested per
Government Code 27383
QUITCLAIM DEED
(AS TO ANY AND ALL EASEMENT RIGHTS)
THE UNDERSIGNED DECLARE(S) DOCUMENTARY TRANSFER TAX IS NONE.
GOVERNMENTAL AGENCY EXEMPT CITY OF COSTA MESA
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
City of Costa Mesa, a Municipal Corporation
do/does hereby remise, release and forever quitclaim to ROSANNA INC., a
California corporation, the following described real property, in the City of
Costa Mesa, County of Orange, State of California:
SEE RESOLUTION NO.19- , RECORDED , 2019
AS INSTRUMENT NO. OF OFFICIAL
RECORDS, IN THE OFFICE OF THE COUNTY RECORDER,
ORANGE COUNTY, CALIFORNIA, ATTACHED HERETO AND BY
THIS REFERENCE MADE A PART HEREOF.
THIS DEED IS BEING RECORDED TO PERFECT THE TITLE OF
THE SUBJECT PROPERTIES.
ATTEST:
Brenda Green, City Clerk of the Katrina Foley, Mayor of the City
City of Costa Mesa of Costa Mesa
Dated: Dated:
Attachment 2
EXIST.
R/W
AVENUE OF THE ARTS
SOUH
BOUND
LANES
24.0'
31.0'
38.0'
62.0'
76.0'
NORTH
BOUND LANES
24.0'
31.0'
38.0'
TYP. CLASS Ill BICYCLE FACILITIES CROSS SECTION
EXIST. SIDEWALK
AND LANDSCAPE
EXIST. EASEMENT
R W 25.0
ATTACHMENT 4
Attachment 5