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HomeMy WebLinkAbout14-20 - Vacation of Portion of Fullerton Ave Right-of-Way at 1854 Fullerton AveRESOLUTION NO. 14-20 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 1854 FULLERTON AVENUE 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 18th day of March, 2014, adopt Resolution No. 14-16, 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 1854 FULLERTON AVENUE; 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 15th day of April, 2014, 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 15th day of April, 2014; and WHEREAS, the original 1927 dedication is in excess of the final alignment of Fullerton Avenue 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. The portion of the street being vacated is not useful as a Resolution No. 14-20 Page 1 of 3 non -motorized 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. 1 mer, Mayor M Mesa ATTEST: $r414- '"A— Brenda-Gseeen, C Clerk 1 APPROV S T FORM: Tho as. arte, City Attorney Resolution No. 14-20 Page 2 of 3 1 1 STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, BRENDA GREEN, City Clerk of the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. 14-20 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 15th day of April, 2014, by the following roll call vote: AYES: COUNCIL MEMBERS: Genis, Leece, Monahan, Mensinger and Righeimer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Costa Mesa this 16th day of April, 2014. bla&k� BRENDA GREEN, C Clerk Resolution No. 14-20 Page 3 of 3 DEED NO. 3805 10.14:111 1MOW LEGAL DESCRIPTION FOR VACATION OF RIGHT OF WAY A.P.N. 425-233-19 THE LAND REFERRED TO HEREIN IS SITUATED IN 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 LOT 4 OF BLOCK "B" OF TRACT NO. 377, RECORDED IN BOOK 16, PAGE 16 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTHEASTERLY 8.70 FEET OF THE 14.70 FEET, LYING ADJACENT TO AND SOUTHEASTERLY OF THE SOUTHEASTERLY RIGHT OF WAY LINE OF FULLERTON AVENUE, AS SHOWN ON A MAP OF TRACT NO. 377, SAID STRIP OF LAND BEING BOUNDED NORTHEASTERLY BY THE NORTHEASTERLY LINE OF SAID LOT 4, AND BOUNDED SOUTHWESTERLY BY THE SOUTHWESTERLY LINE OF SAID LOT 4. SEE EXHIBIT "B" ATTACHED HERETO, BY THIS REFERENCE MADE A PART OF. PREPARED BY ME OR UNDER MY DIRECTION K tAlfiD LORENK. TOOMEY, P.L.S. 4459V;'��� A �► No. 4459 we el fyr ' OF CALLA EXHIBIT "B" DEED NO. 38.05 SKETCH TO ACCOMPANY LEGA! DESCRIPTION FOR VACATION OF RIGHT OF WAY A.P.N. 425-333-19 LOT 5 a PUBLIC RIGHT OF WAY PER -- 40.3' — ti-� 0 EASEMENT DEED RECORDED NOV. 23, o j i I 5.0'---�--( 1927 PER BK. 101, PG. 172, O.R. a ! Z > 14.7' a oZ , j N50`11'45"W 130.00' z Of 0 F 0 115.30' ►- Of z 3 ly- 0 LL 0 co ©Q LOT 4 PGS (ti�O ON =z z �F �� ti� co bi- 40.3' I 115.30' 3:-{ 8 7, N50`11'45"W 130.00' C) LOT 3 6.0 1-4 0 0 3 0.. Q 0 'n SE'LY RIGHT OF WAY LINE OF FULLERTON AVE. PER TRACT NO. 377 CN m z _ CL. BROADWAY _ (HARPER ST.) 60' WIDE SCALE 1 "=30' 8.70 FEET OF EXISTING RIGHT OF WAY RECORDED NOV. 23, 1927 PER BK. 101, PG. 172, O.R. TO BE VACATED. 0 30 CITY OF= COSTA IVI ESA A.P.N. 425-233-19 DEED NO. 3805 DRAWN BY: LKT 1854 FULLERTON AVE. SCALE: AS SHOWN DATE: DEC. 5,2-013 THIS IS NOT A SURVEY BUT IS COMPILED FROM EXISTING RECORDS