HomeMy WebLinkAbout2021-31 - Ordering the vacation of 154 Broadway Ave.RESOLUTION NO. 2021-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, ORDERING THE VACATION OF A PORTION OF FULLERTON
AVENUE AT 154 BROADWAY
THE CITY COUNCIL OF THE CITY OF COSTA MESA FINDS AND DECLARES
AS FOLLOWS:
WHEREAS, Chapter 4 (Summary Vacation) of Part 3 (Public Streets, Highways,
and Service Easements) of Division 9 (Change of Grade and Vacation) of the California
Streets and Highways Code sets forth the requirements for the summary vacation of a
street or easement; and
WHEREAS, the property owners of the property located at 154 Broadway have
requested that the City of Costa Mesa ("City") vacate a portion of the Fullerton Avenue
right-of-way located adjacent to the property at 154 Broadway, as more particularly
described in Exhibits A and B, attached hereto and incorporated herein by this reference,
hereafter referred to as the "area to be vacated"; and
WHEREAS, Section 8334(a) of the California Streets and Highways Code allows
a local agency to summarily vacate an excess right-of-way of a street or highway not
required for street or highway purposes; and
WHEREAS, the City Engineer has reported to the City Council that the area to be
vacated is excess right-of-way not required for street or highway purposes; and
WHEREAS, there are no public utilities located in the area to be vacated; and
WHEREAS, on June 2, 2021, the Bikeway and Walkability Committee reviewed
the vacation request and unanimously approved it; and
WHEREAS, on July 12, 2021, the Planning Commission adopted Resolution No.
PC-2021-13, finding that the proposed vacation of a portion of the Fullerton Avenue
excess right-of-way adjacent to the property located at 154 Broadway is consistent with
the City's General Plan, serves the public interest, and is a public benefit; and
WHEREAS, the original 1927 dedication is in excess of the final alignment of
Fullerton Avenue. 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Costa
Mesa as follows:
Resolution No. 2021-31 Page 1 of 3
Section 1. The City Council finds and determines from all of the evidence submitted
that the portion of the Fullerton Avenue right-of-way located adjacent to the property at
154 Broadway, as more particularly described in Exhibits A and B, is excess right-of-way
not required for street or highway purposes.
Section 2. Pursuant to the authority granted by Chapter 4 (Summary Vacation) of
Part 3 (Public Streets, Highways, and Service Easements) of Division 9 (Change of Grade
and Vacation) of the California Streets and Highways Code, the City Council orders the
vacation of a portion of the Fullerton Avenue right-of-way located adjacent to the property
at 154 Broadway, as more particularly described in Exhibits A and B attached hereto.
Section 3. From and after the date this Resolution is recorded, the portion of the
Fullerton Avenue right-of-way located adjacent to the property at 154 Broadway, as
described in Exhibits A and B, will no longer constitute a street.
Section 4. The City Clerk shall cause a certified copy of this Resolution to be
recorded with the Orange County Clerk -Recorder in the manner required by California
Streets and Highways Code Section 8336.
Section 5. The City Clerk shall certify to the passage and adoption of this
Resolution and shall enter it into the book of original resolutions.
Resolution No. 2021-31 Page 2 of 3
PASSED AND ADOPTED this 7th day of September 2021.
ATTEST:
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Brenda Green, dity Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF COSTA MESA )
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John Stephens, Mayor
APPROVED AS TO FORM:
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Kimberly HKII Barlow, City Attorney
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. 2021-31 and was duly
passed and adopted by the City Council of the City of Costa Mesa at a regular meeting
held on the 7th day of September, 2021, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: CHAVEZ, GAMEROS, HARLAN, REYNOLDS, MARR,
AND STEPHENS.
NOES: COUNCIL MEMBERS: NONE.
ABSENT: COUNCIL MEMBERS: HARPER.
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 8th day of September, 2021.
Brenda Green, C Clerk
Resolution No. 2021-31 Page 3 of 3