HomeMy WebLinkAbout06-57 - Vacation of a Portion of Alley No. 84 Adjacent to 164 Magnolia StreetRESOLUTION NO. 06-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, ORDERING THE VACATION
OF A PORTION OF ALLEY NO. 84 ADJACENT TO 164
MAGNOLIA STREET
WHEREAS, the City Council of the City of Costa Mesa did, on the 6r" day of
June, 2006, adopt Resolution No. 0606=42, entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS
INTENTION TO ORDER THE VACATION OF A PORTION OF ALLEY NO. 84
ADJACENT TO 164 MAGNOLIA STREET RESERVING THEREFROM A PUBLIC
UTILITY EASEMENT FOR ALL EXISTING UNDERGROUND AND OVERHEAD
PUBLIC UTILITIES.
WHEREAS, pursuant to said Resolution of Intention, the time and place for
hearing all persons interested in or objecting to the proposed vacation was set for
Wednesday, the 51" day of July, 2006, at 7:00 p.m., in the Council Chambers of City
Hall, 77 Fair Drive, Costa Mesa, California, and
WHEREAS, notices of said proposed vacation were duly and regularly posted as
required by law, all pursuant to the provisions of Section 8300 et seq. of the Streets and
Highways Code of the State of California; and
WHEREAS, on said date of hearing, the proposed vacation came on regularly to
be heard; all persons appearing on the proposed vacation were heard; and said hearing
was closed on the 5" day of July, 2006; and
WHEREAS, the Costa Mesa City Council finds and determines from all the
evidence submitted that the hereinafter described right-of-way is unnecessary for
present or prospective alley purposes;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA
DOES ORDER AND RESOLVE AS FOLLOWS;
1. That the hereinafter described right-of-way is unnecessary for present or
prospective alley purposes.
2. It is hereby ordered that the following described right-of-way be, and the
same are, hereby vacated:
All as more particularly described in legal description shown in Exhibit "A" and on
map shown in Exhibit "B," attached hereto and by this reference made a part
hereof.
PASSED, APPROVED, AND ADOPTED this 5" day of July, 2006.
ATTEST:
Julie F161cik, City'Clerk
Allan R. Mansoor, Mayor
APPROVED AS TO FORM:
Kimberly Hall Bal, City Attorney
DEED NO. 359')
EXHIBIT 11A11
LEGAL DESCRIPTION FOR RIGHT -OF -WAV
VACATION CiO 164 MAGNOLIA (ALLEY SIDE)
THAT PORTION OF THE NORTHEASTERLY RECTANGULAR 15 FEET FOR ALLEY PURPOSES IN THE
CITY OF COSTA MESA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER INSTRUMENT NUMBER
84-476459, OFFICIAL RECORDS OF SAID COUNTY, TOGETHER WITH THE SOUTHWESTERLY 2.50 FEET
OF THE NORTHEASTERLY 17.50 FEET PER EASEMENT DEED 1830, RECORDED IN BOOK 13024 PAGE
251-253, INCLUSIVE, OFFICIAL RECORDS OF SAID COUNTY, BEING THE NORTHWESTERLY 17.50 FEET
OF THAT PORTION OF LOT 7, BLOCK "A", OF TRACT NO. 377, AS SHOWN PER MAP RECORDED IN
BOOK 16 PAGE 16 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWESTERLY CORNER OF SAID LOT 7, THENCE SOUTH 39'48'45" WEST
ALONG THE NORTHWESTERLY LINE OF SAID LOT 7 A DISTANCE OF 135.07 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUING SOUTH 39'48'45" WEST ALONG SAID NORTHWESTERLY LINE 165.08
FEET TO THE MOST WESTERLY CORNER OF SAID LOT 7; THENCE SOUTH 50'11'45' EAST ALONG
THE SOUTHWESTERLY LINE OF SAID LOT 7, SAID LINE ALSO BEING THE CENTERLINE OF MAGNOLIA
STREET 57.65 FEET; THENCE NORTH 39'48'45" EAST ALONG A LINE PARALLEL WITH THE
NORTHWESTERLY LINE OF SAID LOT 7 A DISTANCE OF 165.08 FEET; THENCE NORTH 50611'45"
WEST 57.65 FEET TO THE POINT OF BEGINNING.
RESERVING THEREFROM A PUBLIC UTILITY EASEMENT FOR ALL EXISTING UNDERGROUND AND
OVERHEAD PUBLIC UTILITIES TOGETHER WITH RIGHT OF INGRESS AND EGRESS FOR THE PURPOSE
OF MAINTAINING, REPLACING AND UPGRADING SAID EXISTING PUBLIC UTILITIES.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE APART HERE OF.
N
DAVID T.
ROSELL
oma.9-30-06
No. 6281
DAVID T. ROSELL P.L.S. 6281 EXP. 9/30/06
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. 06-57 and was duly passed and adopted
by the City Council of the City of Costa Mesa at a regular meeting held on the 5" day of
July, 2006, by the following roll call vote, to wit:
AYES:
COUNCIL MEMBERS:
MANSOOR, DIXON, FOLEY, MONAHAN
NOES:
COUNCIL MEMBERS:
NONE
ABSENT:
COUNCIL MEMBERS:
BEVER
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 6t" day of July, 2006.
J�'CI�RK
(SEAL)
®= AREA
TO BE VACATED
EXHIBIT 11 B 11
SKETCH TO ACCOMPANY A LEGAL
DESCRIPTION FOR RIGHT-OF-WAY VACATION
@ 164 MAGNOLIA (ALLEY SIDE)
B R O A D W A Y S T R E E T
(FORMERLY HARPER STREET)
DEED NO. 3597
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