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HomeMy WebLinkAbout00-21 - Vacating a Portion of Lot 2 of Tract 10950Exempt Recording Requested pursuant to Government Code Section 6103 by City of Costa Mesa. When recorded, mail to: Recorded in Official Records, County of Orange Gary Granville, Clerk -Recorder City of Costa Mesa 111111111111111111111111111111111111111111111111111111111 NO Fee Mary T. Elliott, Deputy City Clerk 20000182743 02.04pm 04110100 Post Office Box 1200 121 46 R28 6 Costa Mesa, CA 92628-1200 0.00 0.00 0.00 15.00 0.00 0.00 0.00 RESOLUTION NO. OCA —,21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, SUMMARILY VACATING EXCESS RIGHT-OF-WAY LOCATED SOUTH OF ANTON BOULEVARD BEING A PORTION OF LOT 2 OF TRACT 10950. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: r, WHEREAS, pursuant to the original conditions of approval for Tract No. Of 10950, the owners of said tract previously dedicated to the City an easement for an on-ramp for street and highway purposes over portions of Lots 2 and 3 of said tract, extending generally from Anton Boulevard on the north to the right-of-way for the northbound 1-405 freeway on the south, which easement was recorded on July 18, 1985 as Instrument No. 85-265019 of the Official Records of Orange County, California (the "Original Dedication"); and WHEREAS, the California Department of Transportation ("Caltrans") has recently determined that the location of the freeway on-ramp will be relocated slightly to the east of the right-of-way area encompassed by the Original Dedication; and WHEREAS, the fee owner of Lot 2 of Tract No. 10950 has entered into agreement with the City of Costa Mesa to grant the additional rights-of-way requested by Caltrans and the City in order to accommodate the portions of the relocated freeway on-ramp on that lot; and WHEREAS, Caltrans and the City no longer need or require the portion of the Original Dedication on said Lot 2 that is more particularly described in Exhibits "A" and "B" attached to and incorporated into this Resolution (the "Excess Right - of -Way"); and WHEREAS, the hereinafter described Excess Right -of -Way has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation described herein; has been superseded by relocation; and there are no other public facilities located within said Excess Right -of -Way, within the meaning of California Streets & Highways Code Section 8333(a) and (c.), and the summary vacation of said Excess Right -of - Way is therefore appropriate; and WHEREAS, this vacation is being processed in accordance with Chapter 4 (commencing with Section 8330) of Part 3 of Division 9 of the California Streets & Highways Code; and WHEREAS, on March 27, 2000, the proposed vacation of the Excess Right - of -Way was referred to the City of Costa Mesa Planning Commission pursuant to Government Code Section 65402(a) and the Planning Commission determined that said vacation would be in conformity with the adopted City General Plan; and WHEREAS, based on all of the information and evidence submitted the City Council finds that vacation of the Excess Right -of -Way is consistent with the City's general plan; t '1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES ORDER AND RESOLVE AS FOLLOWS: 1. The Excess Right -of -Way, as set forth in the Original Dedication, is unnecessary for present or prospective use as a public service easement. 2. It is hereby ordered that pursuant to Chapter 4, Section 8333 of Part 3 of Division 9 of the California Streets & .Highways Code, the following described right-of-way be, and the same is hereby, vacated: SEE LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBITS "A" AND "B" 3. The City Clerk shall cause a certified copy of this Resolution , attested by the Deputy City Clerk under seal, to be recorded without acknowledgment, certificate of acknowledgment, or further proof in the Office of the County Recorder, Orange County, California. PASSED AND ADOPTED THIS 3rd day of April, 2000. ATTEST: I ` Deputy Ci Clerk of the City of Costa Mesa Mayor of t e City of Costa Mesa APPROVED AS TO FORM CIZ-ATTORN Y% In STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA 1 I, MARY T. ELLIOTT, 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. 66 - 5-0 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the Xd day of April, 2000. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 4t' day of April, 2000. 1• Deputy City Jerk and ex -officio Clerk of the City Cou it of the City of Costa Mesa Exhibit A Legal Description of On -Ramp Vacation That certain parcel of land situated in the City of Costa Mesa, County of Orange, State of California, being that portion of Lot 2, Tract No. 10950 as shown on a map thereof filed, in Book 515, Pages 1 through 8 inclusive of Miscellaneous Maps, in the Office of the County Recorder of said county, lying southwesterly of the following described line: Commencing at the northwesterly terminus of that certain course shown on said map as "North 250 19'40" West 752.22 feet" along the southwesterly line of said Lot 2, said terminus being on a non -tangent curve concave northwesterly and having a radius of 290.468 meters, a radial line of said curve to said terminus bears South 380 03' 27" East; thence southwesterly along said curve and the northwesterly line of Lot 3 of said tract 20.460 meters through a central angle of 41 02'09" to the TRUE POINT OF BEGINNING; thence non -tangent from said curve.South 350 35'40" East, 104.306 meters to said southwesterly line of Lot 2; thence continuing South 350 35'40" East, 72.408 meters to the beginning of a curve concave westerly and having a radius of 51.400 meters; thence southerly along said curve 50.048 meters through a central angle of 550 47' 21" to said southwesterly line of Lot 2. 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