HomeMy WebLinkAbout02-57 - Summary Vacation of Excess Right-of-Way Easement (Ave of the Arts Offramp)Exempt Recording Requested pursuant to
Government Code Section 6103 by
City of Costa Mesa. When recorded, mail
City of Costa Mesa
Julie Folcik, Deputy City Clerk
Post Office Box 1200
Costa Mesa, CA 92628-1200
RESOLUTION NO.
Recorded in Official Records, County of Orange
Darlene Bloom, Interim Clerk -Recorder
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2002070491110:13am 08/22/02
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02-57
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 THE CONSTRUCTION OF AVENUE
OF THE ARTS OFFRAMP.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, Fifth Street Properties, LLC, a Delaware limited liability company,
granted to the City of Costa Mesa a roadway easement along Avenue of the Arts
south of Anton Boulevard; 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, Fifth Street Properties, LLC, will transfer this excess right-of-way
to the State of California Department of Transportation (CALTRANS) for access -
denial purposes; and
WHEREAS, Section 65402(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;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Costa Mesa as follows:
Section 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.
Section 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.
Section 3. 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, pursuant to Section 8336 of the
California Streets and Highways Code.
Section 4. 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 5th day of August, 2002.
ATTEST:
Depu City Clerk of the City of Costa Mesa Mayor of the City of Costa Mesa
APPROVED AS TO FORM
<j-67�-
City Attorney
c
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA)
1, JULIE FOLCIK, 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. 02_57 was duly and regularly passed and adopted by the said City Council
at a regular meeting thereof held on the 5th day of August, 2002.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
the City of Costa Mesa this 6th day of August, 2002.
Deputy ity Clerk and ex -officio Clerk of
the City Council of the City of Costa Mesa .
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Legal Description
Exhibit "A"
All that certain real property in the City of Costa Mesa, County of Orange, State of
California, being that portion of Parcel 1 as shown on a map thereof filed in Book 137,
Pages 5 and 6 of Parcel Maps in the Office of the Recorder of said County, described as
follows:
Commencing at the southwest corner of Lot 10 of Tract No. 10950 as shown on a map
thereof recorded in Book 515, Pages 1 through 8 inclusive of Miscellaneous Maps; thence
along the westerly line of said Lot North 00°53'36" East 1.768 meters to the southeast
corner of those lands as described in the Quitclaim Deed recorded March 17, 2000 as
Instrument Number 20000139936, Official Records of said County; thence continuing
along said westerly line to a point lying 41.775 meters northerly of said northeast corner,
said point being the True Point of Beginning; thence leaving said westerly line
North 00°49'58" West 2.853 meters to the beginning of a curve concave southwesterly and
having a radius of 5.000 meters; thence along said curve northerly and northwesterly
5.873 meters through a central angle of 67'18'14"; thence North 68'08'12" West
2.631 meters to a line lying 5.751 meters westerly of and parallel to said westerly line of .
said Lot; thence along said parallel line North 00°53'36" East 76.659 meters; thence
South 89°06'24" East 5.751 meters to said westerly line; thence along said westerly line
South 00°53'36" West 84.967 meters to the True Point of Beginning.
Containing 450 square meters, more or less.
As shown on Exhibit `B" attached hereto and by this reference made a part hereof.
Prepared under my supervision 5\ONPL LAIvj)
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EXPIRES: 9/30/04
Walter A. Sheek P.L.S. 4838 Date
Expires 9/30/04
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DESCRIPTION:
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R=5.000m
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L=5.873m
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Da34. NO. 20000009 OSS O.R. SW'LY COR. LOT 10 P-kOg SAN MEW FREEWAV
PREPARED BY:
SHLL I 1 UI- 1
CALTRANS EASEMENT
SCALE: NOT TO SCALE
PS O M A S
DRAFTED: PJF
3187 Red Hill Avenue. 6250
Costa Mesa, California 92626
CHECKED: WAS
714/751-7373
714/545-8883 (Fax)
JOB
NUMBER 2COM060204