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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 d& �// ",t� - Mayor, City of Costa Mesa APPROVED AS TO FORM: nn 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 n:\pdad\l 0 105o dminUcgaa�IaKo Ldw RBF CONSULTING Rrl. 14725 Alton Parkway Irvine, California 92618 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 n:\pdad\l 0 105o dminUcgaa�IaKo Ldw I I enc fL 4.572m WIDE MESA CONSOLIDATED WATER I DISTRICT ESMT. PER INST. NO, 89-395108, O.R. 1N Z m I 0 ii `PARCEL 1 (SEE SHEET 2) i I T.P.O.B. SCALE: 1:500 \ PCL2 SEE DETAIL 182 SHEET 2 LOT 4 \ TRACT N0. 10950 M.M. 515 PARCEL2 ��nro 'n (65.806m') J's N DATA TABLE 2 _______ _____ BRNG/DELTA RADIUS LENGTH ------------------------ 1 ¢ 1 N84*&50"E -- 34.820m 2 N79'48'07"E -- 36.265m � $ 3 d EXHIBIT "B" \ SIVCH TO ACCOIPA A LEM DESCRIPTION FOR CITY OF COSTA MESA PARCELS Cocom SHEET I OF 2 SHEETS 1UY Ki(N INItW"V mil fMlV W WYi'lOL MI)PTY6 . FYt WiILfA . �IBmn T.P.0.8. PCL.1 OfAC I I 4.572m WIDE MESA CONSOLIDATED WATER DISTRICT ESMT. INST. N0, 89-395108, O.R. I I SCALE: 1:200 I I I i I �Nm I ✓� DATA TABLE ------- _---------------- ______-- o BRNG/DELTA RADIUS LENGTH _ ----------------------- — ---- _----- _ N c? � I 1 N13'52'52"W -- 6.128m 2 N13'52'52"W -- 4.895m yN a wp 3 N79'48'07"E -- 36.265m 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 6 a 1 9 5 EXHIBIT "B" Q PARCEL2 SKETCH TO ACCOWW A LEGAL CESCRIPTIW FOR 1 CITY OF COSTA MESA PARCELS -""-_ $ ... .ET S . S DETAIL .. CONSULTING cwataG."ia anmyq. w�9emi