HomeMy WebLinkAbout02-38 - Vacation of Excess Right-of Way Easement in Conjunction with Development of Home Ranch041
CHICAGO TITLE COMPANY This Document was electronically recorded by
Exempt Recording Requested pursuant to Chicago Title Commercial
Government Code Section 6103 by -City
Recorded in -Official Records,County of Orange
of Costa Mesa. When recorded, mail to: Darlene Bloom, Interim Clerk -Recorder
City of Costa Mesa I®®®I®®®M®®0 NO FEE
City Clerk's Office 20020477246 02:27pm 06/06/02
Post Office Box 1200 los 28 Res 9
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Costa Mesa, CA 92628-1200
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, FOR SUMMARY
VACATION OF EXCESS RIGHT-OF-WAY EASEMENT IN
CONJUNCTION WITH DEVELOPMENT OF HOME RANCH.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, the Orange County Flood Control district (OCFCD) granted to the
City of Costa Mesa a roadway easement at the northeast corner of the intersection
of Harbor Boulevard and Interstate Freeway 405; and
WHEREAS, a portion of said easement is not needed for present or future
street purposes and is therefore found to be excess to City needs and the vacation
of this excess is consistent with the City's General Plan; and
WHEREAS, Section 6540Z(a) of the California Government Code calling for
review by the City Planning Commission of this disposition of the excess right-of-
way as to conformance with the City's General Plan does not apply because this is
a disposition of the remainder of a larger parcel acquired for, but not now needed
for, future street widening purposes and is minor in nature; and
WHEREAS, the portion of the right-of-way being vacated is found to be not
usable as a nonmotorized transportation facility pursuant to California Streets and
Highways Code Section 8314; and
WHEREAS, the owner of the adjacent real property has received City
approval to begin improvements as part of the Home Ranch project upon the
adjacent property and the portion of this easement that is to be vacated is excess.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COSTA MESA AS FOLLOWS:
1. It is hereby ordered that the excess portion of the roadway easement
described in Exhibit A, attached hereto and incorporated herein by this
reference, be, and the same is hereby vacated pursuant to the summary
vacation procedure authorized in Section 8334(a) of Chapter 4, Part 3, of
Division 9, of the California Streets and Highways Code.
2. From and after the date this resolution is recorded in the records of the
Orange County Recorder, the vacated portion of this easement no longer
constitutes a present or future public street.
3. The Mayor and Deputy City Clerk are authorized to execute a Quitclaim
Deed in the form attached hereto as Exhibit B granting the vacated
portion of the easement back to OCFCD.
4. The City Clerk shall cause a certified copy of this resolution, attested by
the Deputy City Clerk under seal, to be recorded without
acknowledgement, certificate of acknowledgement, or further proof in the
Office of the County Recorder, Orange County,. California.
5. The City Clerk shall certify to the passage and adoption of this Resolution
and enter it into the book of original resolutions.
PASSED AND ADOPTED THIS 3rd day of June, 002.
Mayor of the City of Costa Mesa
ATTEST:
Debuty City'Clerk of the/City of Cost
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
APPROVED AS TO FO �M
CITY ATTORNEY`9�
I, RUTH DELANEY, Acting Deputy City Clerk and ex -officio Clerk of the City
Council of the City of Costa Mesa, hereby certify that the above and foregoing
Resolution No. was duly and regularly passed and adopted by the City
Council at a regular meeting thereof held on the 3 d day of June, 2002.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this 4th day of June, 2002.
Deputy City Clerk a -officio Cle f
the City Council of the Ci y of Costa a
RBF Consulting
14725 Alton Parkway
Irvine, California 92618
EXHIBIT "A"
LEGAL DESCRIPTION
JOINT USE SEGMENT 2
(PORTION WITHIN O.C.F.C.D. R/W)
EXHIBIT A
September 19, 2001
JN 10-100118.06
Page 1 of 1
That certain parcel of land situated in the City of Costa Mesa, County of Orange,
State of California, being that portion of the Gisler Storm Channel as described
in the Quitclaim Deed to the Orange County Flood Control District recorded
December 26, 1973 in Book 11039, Page 315 of Official Records, in the Office of
the County Recorder of,s.aid of said Orange County, described as follows:
BEGINNING at the intersection of the southerly line of the Greenville -Banning
Channel as described in. the Grant Deed to the Orange County Flood ,Control
District recorded October 31, 1958 in Book 4468, Page 441 of Official Records,
in said Office of the Orange County Recorder with a line parallel with and 80.00
feet easterly of the centerline of Harbor Boulevard as shown on Parcel Map No.
79-381 filed in Book 139, Pages 21 through 24 of Parcel Maps, in said Office of
the Orange County Recorder; thence along said -parallel line South 00°20'51" West
182.58 feet; thence South 89°39'09" East 76.79 feet to the westerly line of
Parcel 4 of said Parcel Map No. 79-381.and a point on a non -tangent curve,
concave northeasterly having a radius of 115.00 feet, a radial line of said curve
from said point bears North 59058'01" East; thence along said westerly line
through the following courses: along said curve northerly 60.98 feet through a
central angle of 30°22'50"; thence tangent from said curve North 00°20'51" East
124.45 feet to said southerly line of the Greenville -Banning Channel; thence
leaving said westerly line along said southerly line North 89040'32" West 61.00
feet to the POINT OF BEGINNING.
CONTAINING: 0.263 Acres, more or less.
SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Records.
EXHIBIT "B" attached and by this reference made a part hereof.
SID ND S�
5 p. Mcy� �L
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* LS 6310
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60'
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50'
EXHIBIT A'
SOUTH CONST DRIVE - - -
G -V VILLE-BA NNI_/VG CH_=�!VIVEL
(O. R. 4468/441)
i o — —
P. 0. B.
N89'4-0',2 ';Y _
51.00' /
80' I v
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;YES TER- Y LINE CF PARCEL 4,
P. ,l1. N0. 79-J81
SCALE.' 1' = 60'
,A --j0 - '22'50' 0 \
R=115. GO'
L=60.93" PARCc? 1018j -q-2, INST.
Na. 20000582392, 0. R.
76.79'—
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�NIVEL \
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(0. R. 110.39/.315 )
FSE c -SVCE LINE FCR
'10 J PAF,CEL 101839-1, [NST.
N0. 20CC0582a92, O.R.
KETCH TO ACCOMPANY A
!GAL DESCRIPTION FOR
IOINT USE SEGMENT 2
PORTION WITHIN 0. C. F C. 0. RIVI)
SHEET 1 OF 1 SHEET
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Order No.
Escrow No.
WHEN RECORDED MAIL TO:
City of Costa Mesa
City Clerk
P.O. Box 1200
Costa Mesa CA 92628-1200
DOCUMENTARY TRANSFER TAX 5-0-
❑ Computed on the consideration or value of property conveyed; OR
❑ Computed on the consideration or value less liens or encumbrances
remaining at time of sale.
® Transfer to a governmental entity
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Deed No. 3492
Signature of Declarant or Agent determining tax — Firm Name
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF COSTA
MESA, a municipal corporation, do(es) hereby REMISE, RELEASE AND FOREVER QUITCLAIM to
ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, the real property in
the City of Costa Mesa, County of Orange, State of California, described on Exhibit "A" attached hereto
(the "Property"). The purpose of this deed is to reconvey certain rights as described in Exhibit `B"
attached hereto.
Dated: 12002 CITY OF COSTA MESA, a municipal
corporation
By
STATE OF CALIFORNIA } Title
ss
COUNTY OF ORANGE I By
On , 2002 before me,
personally appeared _
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are st bscribed to the within
instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on
the instrument the person(s) or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature
MAIL TAX STATEMENTS TO:
OWNER OF RECORD
(This arca for official notarial seal)
" 1085 (1/94)
OC—DOCSk435154.1 (W97]
RBF Consulting
14725 Alton Parkway
Irvine, California 92618
EXHIBIT "A"
LEGAL DESCRIPTION
JOINT USE SEGMENT 2
(PORTION WITHIN O.C.F.C.D. R/W)
September 19, 2001
JN 10-100118.06
Page 1 of 1
That certain parcel of land situated in the City of Costa Mesa, County of Orange,
State of California, being that portion of the Gisler Storm Channel as described
-in the Quitclaim Deed to the Orange County Flood Control District recorded
December 26, 1973 in Book 11039, Page 315 of Official Records, in the Office of
the County Recorder of said of said Orange County, described as follows:
BEGINNING at.the intersection of the southerly line of the Greenville -Banning
Channel as described in the Grant Deed to the Orange County Flood Control
District recorded October 31, 1958 in Book 4468, Page 441 of Official Records,
in said Office of the Orange County Recorder with a line parallel with and 80.00
X
eet easterly of the centerline of Harbor Boulevard as shown on Parcel Map No.
79-381 filed in Book 139, Pages 21 through 24 of Parcel Maps, in said Office of
the Orange County Recorder; thence along said -parallel line South 00°20'51" West
182.58 feet; thence South 89039'09" East 76.79 feet to the westerly line of
Parcel 4 of said Parcel Map No. 79-381.and a point on a non -tangent curve,
concave northeasterly having a radius of 115.00 feet, a radial line of said curve
from said point bears North 59°58' 01" East; thence along said westerly line
through the following courses: along said curve northerly 60.98 feet through a
central angle of 30022'50"; thence tangent from said curve North 00°20'51" East
124.45 feet to said southerly line of the Greenville -Banning Channel; thence
leaving said westerly line along said southerly line North 89040'32" West 61.00
feet to the POINT OF BEGINNING.
CONTAINING: 0.263 Acres, more or less.
SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of 'Records.
EXHIBIT "B" attached and by this reference made a part hereof.
NDS ;
Ci
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Mcy� 9L
Kevi n D. Mc gh, � r. P.L.S. 6310
* LS 6310
Exp. 9130 / 02
FCA
SOUTH COAST DRIVE - -
I
GREENVILLE-EAN_1VI-�VG CH-=-IVNEL
r (0. R. 446a/44 1)
I P
60 ' I
!/N89"4*0 '32';Y _
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60'
50'
80'
a
a
Par7Cr1
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8
N
;rE3 TERLY LIAE CF PARCEL 4,
SCALE 1' = 60'
P.M. M. 79-381
80'
A=30'22'50" \
R=115. GO'
L--60.98' FARC` -2 101859 2, INST.
A0. 2000582392, 0. R.
76.79'
589.39 '09 E ' \
- -8 r'FJ
_XHIBIT nB'
GISLER STORM CIL41VIVEL �
(0. R. 110.39/315 )
1�
F.£r E7EMc L IAE FCR
PARCEL 1018.39-1, INST.
A'0. 2GCG0582392, O.R.
TO L ECTAL flESLAI P71o�1
CETCH TO ACCOMPANY A
;CAL DESCRIPTION FOR
DINT USE SEGMENT 2
°ORTION WITHIN 0. C. F. C. O. RAI)
'ONTAINING: 0.263 f ACRES
SHEET 1 OF I SHEET
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C O N S U LT I N G 9.:2 47u:cS • Pax 4+c.471—= • ,,.,,PW cc
.Sc'Tc3&`,R 19. 201 J.N. 10-10118
Purpose of Deed
The purpose of this deed is to release and quitclaim to Orange County Flood Control
District ("grantee") easement rights to an excess portion of the Property granted by
grantee to the City of Costa Mesa pursuant to that certain easement deed dated January
20, 1976 and recorded February 20, 1976 in Book 11652, Page 385 of the Official
Records of Orange County, California.
EXHIBIT B
(to quitclaim deed)