HomeMy WebLinkAbout14-15 - Filing of a Final Tract Map for Tract 17508RESOLUTION NO. 14-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, FINDING THAT GOVERNMENT CODE 65402 SHALL NOT APPLY TO
THE ABANDONMENT OF A MINOR PORTION OF THE RIGHT-OF-WAY THROUGH
FILING OF A FINAL TRACT MAP FOR TRACT NO. 17508
WHEREAS, the City Council does hereby make the following findings based on
public testimony, opinions of its staff, and other evidence received at the City Council
meeting held on March 18th, 2014:
1. The Tentative Map for a subdivision to construct a 17 -unit, two and three story
detached residential common interest development on Tract No. 17508 and
Conditions of Approval were approved by the Planning Commission on
February 25, 2013 and subsequently approved by the City Council on April 2,
2013; and
2. All Conditions of Approval imposed by the Planning Commission have been
complied with and the Final Map is in substantial conformance with the
Tentative Map approved by the Planning Commission; and
3. The Tract Map has been checked and found to be technically correct, and
includes the ingress and egress easement for emergency and public security
vehicle purposes, the release and relinquishment of access rights and public
sidewalk easement to be accepted by the City; and
4. On February 25, 2013, the Tentative Map has been submitted to the Planning
Commission, and pursuant to California Government Code 65402 it has been
determined to be in substantial conformity with the City's 2000 General Plan;
and
5. The Orange County Surveyor's Office has informed the City that certain
easements dedicated in 1965 by the property owner for the purpose of
Resolution No. 14-15 Page 1 of 3
widening Victoria Street, recorded in book 7474, page 835 and book 7728,
page 9 of official records contain a clerical error which to date has not been
corrected, resulting is the City possessing a very small portion of the Victoria
Street right-of-way which the City never intended to receive and has no future
or present need for; and
6. The small portion of old Victoria Street right-of-way is the remainder of a larger
easement which was acquired and used in part for street purposes; and
7. The abandonment of such portion via notation on the Final Map is of a minor
nature and would be in conformity with the original purpose of acquisition of the
easement; and
8. The existence of the small portion of right-of-way on the developer's property
is essentially clerical in nature and does not alter the final plans conformity with
the City's 2000 General Plan.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA
DOES ORDER AND RESOLVE AS FOLLOWS:
1. Therefore, Government Code Section 65402 shall not apply to the abandonment
of a minor portion of the right-of-way through filing of a Final Tract map for Tract No.
17508.
2. Pursuant to the requirement of Government Code 66499.20.2, the City clerk is
hereby authorized and directed to certify such notations.
PASSED, APPROVED, AND ADOPTED this 18th day of March, 2014.
Z69 77
Jame igheimer, Mayor
Resolution No. 14-15 Page 2 of 3
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ATTEST:
Brenda .Green;. City C14k
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF COSTA MESA )
ss
APPROVED AS TO FORM:
Yolandk%mmerhill, Deputy City Attorney
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that foregoing Resolution No. 14-15 was duly passed and adopted by the City Council of
the City of Costa Mesa at a regular meeting held on the 18th day of March, 2014, by the
following roll call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Genis, Leece, Mensinger, Righeimer
None
Monahan
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 19th day of March, 2014.
rGv'aOr. -�
BRENDA GREE ; CITY CLERK
Resolution No. 14-15 Page 3 of 3