HomeMy WebLinkAbout06-41 - Relinquishing Exempt Excess Surplus Land (SR-55 S/B to I-405 N/B Connector)RESOLUTION NO. 06-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, SUMMARILY
RELINQUISHING EXEMPT EXCESS SURPLUS LAND
ADJACENT TO AIRPORT CHANNEL IN THE VICINITY
OF SR -55 SOUTHBOUND TO I-405 NORTHBOUND
CONNECTOR
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS
FOLLOWS:
WHEREAS, pursuant to the original conditions of approval for Tract No. 10950,
the owners of said tract previously dedicated to the City an easement for street and
highway purposes over portion of Lot 4 of said tract, adjacent to Airport Channel in the
vicinity of SR -55 Southbound to 1-405 Northbound connector, which easement was
recorded on February 2, 2000 as Instrument No. 20000058827 of the Official Records
of Orange County, California (the "Original Dedication'); and
WHEREAS, the California Department of Transportation ("Caltrans') has recently
determined that a portion of easement obtained is no longer needed for the 1-405/SR-55
Transitway Project; and
WHEREAS, Caltrans and the City no longer need or require the portion of the
Original Dedication on said Lot 4 that is more particularly described in Exhibit "A"
attached to and incorporated into this Resolution (the "Surplus Land"); and
WHEREAS, the 'Surplus Land" 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; and there are no other public facilities located
within said 'Surplus Land", within the meaning of California Streets & Highways Code
Section 8333(a) and (c), and the summary vacation of said 'Surplus Land" is therefore
appropriate; and
WHEREAS, according to Government Code Section 54221.e (2A), this land can
be considered as "Exempt Surplus Land" and
WHEREAS, this "Exempt Surplus Land" is relinquished to the owner of
contiguous land; and
WHEREAS, based on all the information and evidence submitted the City
Council finds that vacation of the 'Surplus Land" is consistent with the City's General
Plan;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA
DOES ORDER AND RESOLVE AS FOLLOWS:
1. The 'Surplus Land" as described in Exhibit A is unnecessary for present or
prospective use as a public service easement and is determined to be
"Exempt Surplus Land" based on Government Code Section 54221.e (2A).
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 and the same is hereby, vacated:
a. SEE LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A"
3. The City Clerk shall cause a certified copy of this Resolution, attested by the
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.
PASSED AND ADOPTED this 6' day of June 2006.
ATTEST:
Cit Clerk of the City of Costa Mesa
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Mayor, City of Costa Mesa
APPROVED AS TO FORM:
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City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that foregoing is the original of Resolution No. 06-41 and was duly passed and adopted
by the City Council of the City of Costa Mesa at a regular meeting held on the 6" day of
June, 2006, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: MANSOOR, BEVER, DIXON, FOLEY, MONAHAN
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 7" day of June, 2006.
JULIE OLCIK, CITY CLERK
(SEAL)
EXHIBIT "A"
CITY OF COSTA MESA PARCELS
That certain parcel of land situated in the City of Costa Mesa, County of Orange, State of California, being
that portion of Lot 4 of Tract No. 10950 as shown on a map thereof filed in Book 515, Pages I through 8 of
Miscellaneous Maps in the Office of the County Recorder of said Orange County, described as follows:
PARCEL 1
COMMENCING at an angle point in the southerly line of said Lot 4 being the easterly terminus of that
certain course shown as 'North 88°09'12 East 490.00 feet" on said map; thence along said southerly line
South 88057'54" West 26.307 meters to the TRUE POINT OF BEGINNING; thence leaving said southerly
line North 84°02'50" East 34.820 meters; thence North 13052'52" West 0.320 meters; thence
South 83°31'28" West 34.777 meters to the TRUE POINT OF BEGINNING.
CONTAINING: 5.516 Square Meters.
PARCEL 2
COMMENCING at an angle point in the southerly line of said Lot 4 being the easterly terminus of that
certain course shown as "North 88009'12 East 490.00 feet" on said map; thence along said southerly line
South 88057'54" West 26.307 meters; thence North 84002'50" East 34.820 meters; thence
North 13052'52" West 4.895 meters to the TRUE POINT OF BEGINNING; thence North 79048'07" East
36.265 meters to said southerly line; thence along said southerly line North 71032'00" East 13.497 meters;
thence leaving said southerly line South 78058'58" West 49.707 meters to a point which bears
North 13052'52" West 1.233 meters from the TRUE POINT OF BEGINNING; thence South 13052'52" East
1.233 meters to the TRUE POINT OF BEGINNING.
CONTAINING: 65.806 Square Meters.
SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Records.
EXHIBIT "B" attached and by this reference made a part hereof.
Y—
Gregory A. Helmer, L.S. 5134
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EXHIBIT "A"
May 15, 2006
JN 10-105097
LEGAL DESCRIPTION
Page I of 1
CITY OF COSTA MESA PARCELS
That certain parcel of land situated in the City of Costa Mesa, County of Orange, State of California, being
that portion of Lot 4 of Tract No. 10950 as shown on a map thereof filed in Book 515, Pages I through 8 of
Miscellaneous Maps in the Office of the County Recorder of said Orange County, described as follows:
PARCEL 1
COMMENCING at an angle point in the southerly line of said Lot 4 being the easterly terminus of that
certain course shown as 'North 88°09'12 East 490.00 feet" on said map; thence along said southerly line
South 88057'54" West 26.307 meters to the TRUE POINT OF BEGINNING; thence leaving said southerly
line North 84°02'50" East 34.820 meters; thence North 13052'52" West 0.320 meters; thence
South 83°31'28" West 34.777 meters to the TRUE POINT OF BEGINNING.
CONTAINING: 5.516 Square Meters.
PARCEL 2
COMMENCING at an angle point in the southerly line of said Lot 4 being the easterly terminus of that
certain course shown as "North 88009'12 East 490.00 feet" on said map; thence along said southerly line
South 88057'54" West 26.307 meters; thence North 84002'50" East 34.820 meters; thence
North 13052'52" West 4.895 meters to the TRUE POINT OF BEGINNING; thence North 79048'07" East
36.265 meters to said southerly line; thence along said southerly line North 71032'00" East 13.497 meters;
thence leaving said southerly line South 78058'58" West 49.707 meters to a point which bears
North 13052'52" West 1.233 meters from the TRUE POINT OF BEGINNING; thence South 13052'52" East
1.233 meters to the TRUE POINT OF BEGINNING.
CONTAINING: 65.806 Square Meters.
SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Records.
EXHIBIT "B" attached and by this reference made a part hereof.
Y—
Gregory A. Helmer, L.S. 5134
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182 SHEET 2 LOT 4
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PARCEL2
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DATA TABLE
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BRNG/DELTA RADIUS LENGTH
------------------------
1 ¢ 1 N84*&50"E -- 34.820m
2 N79'48'07"E -- 36.265m
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EXHIBIT "B" \
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DATA TABLE
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o BRNG/DELTA RADIUS LENGTH
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c? � I 1 N13'52'52"W -- 6.128m
2 N13'52'52"W -- 4.895m
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I 4 N78'58'58"E -- 49.707m
5 N13'52'52"W -- 1.233m
a I 6 N13'52'52"W -- 0.320m
PARCEL 1
(5.51sm) LOT 4
PAZ. TRACT N0, 10950
PCLS.1 & 2 i
M.M. 515 / 1-S
1 T.P.O.B.
PCL.2
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EXHIBIT "B" Q PARCEL2
SKETCH TO ACCOWW A
LEGAL CESCRIPTIW FOR 1
CITY OF COSTA MESA PARCELS -""-_ $ ... .ET
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