HomeMy WebLinkAbout08-26 - Vacating Portion of Excess Landscape Easement Adjacent to Sakioka Dr, Located at 3400 Ave of the ArtsRESOLUTION NO. 08-26
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA, SUMMARILY
VACATING A PORTION OF EXCESS LANDSCAPE
EASEMENT ADJACENT TO SAKIOKA DRIVE
LOCATED AT 3400 AVENUE OF THE ARTS
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, LA Lakes QRS, Inc., owner of real property located at 3400
Avenue of the Arts, requested approval of a master plan amendment, Planning
Application PA -07-41, to reduce a sidewalk and landscape easement along a
400 foot portion of Sakioka Drive from 25 feet in width to 20 feet, which was
approved by City Council on February 5, 2008 by adopting Resolution No. 08-11;
and
WHEREAS, the hereinafter described Excess easement 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superseded by relocation; and there are no other public facilities located within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 easement area, within the meaning of California Streets & Highways
Code Section 8333(a) and (c.), and the summary vacation of said Excess
easement 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 February 5, 2008, the proposed vacation of the Excess
easement 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 sidewalk and landscape easement
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 Excess easement, 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, Secction 8333 of Part
3 of Division 9 of the California Streets & Highways Code, the following
described easement be, and the same is hereby, vacated:
SEE LEGAL DESCRIPTION ATTACHED
HERETO AS EXHIBITS HEREOF "A" AND "B"
3. The City Clerk shall cause a certified copy of this Resolution, attested
by the 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.
2
PASSED AND ADOPTED THIS 1" day of April, 2008.
ATTEST:
.�J
J e Folcik, Cty Clerk
Eric R. Bever, Mayor
APPROVED AS TO FORM:
Kimberly Hall Barlow, 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 the above and foregoing is the original of Resolution No. 08-26 and was duly
passed and adopted by the City Council of the City of Costa Mesa at a regular meeting
held on the 9't day of April, 2008, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: BEVER, MANSOOR, DIXON, LEECE
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: FOLEY
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 2nd day of April, 2008.
JULP�CIIT� RK
(SEAL)
EXHIBIT "A"
LEGAL DESCRIPTION
LANDSCAPE AND SIDEWALK EASEMENT VACATION
PARCELI
THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF COSTA MESA,
COUNTY OF ORANGE, STATE OF CALIFORNIA BEING A PORTION OF LOT A
OF TRACT NO. 12341 AS SHOWN ON A MAP FILED IN BOOK 553, PAGES 1
THROUGH 4, INCLUSIVE, OF MISCELLANEOUS MAPS IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY, BEING THE
NORTHWESTERLY 5 FEET OF PARCEL "O" OF THAT CERTAIN 25 FOOT WIDE
SIDEWALK AND LANDSCAPE EASEMENT RECORDED AS INSTRUMENT NO.
84-003372 IN THE OFFICE OF SAID COUNTY RECORDER LYING
NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT A POINT ON THE CENTERLINE OF SAKIOKA DRIVE AS
SHOWN ON SAID TRACT NO. 12341 BEING THE NORTHEASTERLY TERMINUS
OF THAT CERTAIN COURSE SHOWN AS HAVING A BEARING AND DISTANCE
OF "NORTH 24011'23"EAST 300.00 FEET", SAID POINT ALSO BEING THE
BEGINNING OF A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS
OF 1100.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE AND
CENTERLINE 98.20 FEET THROUGH A CENTRAL ANGLE OF 05006'54" TO ITS
INTERSECTION WITH A RADIAL LINE OF SAID CURVE; THENCE
NORTHWESTERLY ALONG SAID RADIAL LINE NORTH 70°55'31" WEST 73.00
FEET TO A POINT ON A CURVE, CONCAVE NORTHWESTERLY, HAVING A
RADIUS OF 1027.00 FEET, BEING 73.00 FEET NORTHWESTERLY OF AND
PARALLEL AND CONCENTRIC WITH SAID CENTERLINE, SAID POINT ALSO
BEING THE TRUE POINT OF BEGINNING; THENCE SOUTHWESTERLY
ALONG A LINE LYING 73.00 FEET NORTHWESTERLY OF AND PARALLEL
AND CONCENTRIC WITH SAID CENTERLINE OF SAKIOKA DRIVE THE
FOLLOWING COURSES:
SOUTHWESTERLY ALONG LAST SAID CURVE 91.69 FEET THROUGH A
CENTRAL ANGLE OF 5°06'54'; THENCE SOUTH 24011'23" WEST 300.00 FEET
TO THE BEGINNING OF A CURVE, CONCAVE SOUTHEASTERLY, HAVING A
RADIUS OF 873.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE
12.15 FEET THROUGH A CENTRAL ANGLE OF 0047'50" TO ITS INTERSECTION
WITH A RADIAL LINE OF SAID CURVE BEARING NORTH 66036'27" WEST.
SAID NORTHWESTERLY 5' OF THAT CERTAIN 25 FOOT WIDE SIDEWALK
AND LANDSCAPE EASEMENT SHALL BE LENGTHENED OR SHORTENED SO
AS TO TERMINATE NORTHEASTERLY INTO A RADIAL LINE BEARING
SHEET 1 of 3 SHEETS
NORTH 70055'31" WEST AND SOUTHWESTERLY INA RADIAL LINE BEARING
NORTH 66036'27"WEST .
CONTAINING: 0.046 ACRES MORE OR LESS
EXHIBIT `B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF.
SUBJECT TO: COVENANTS, CONDITIONS, RESTRICTIONS, RIGHT OF WAY
AND EASEMENTS OF RECORD.
UNDER THE
GREGORYS
MY RAV31STRATION EXPIRES: 12/31/08
i7G5
SHEET 2 of 3 SHEETS
LOT A
SCALE 1-=50'
EXHIBIT
TRACT NO. 12341
AREA TO BE VACATE[
0.046 ACi
EMSIING 25' NIDE EASEMENT FOR
SIDEWALK AND LANDSCAPE
PURPOSES PER INST. NO.
84-00M72.
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SHEET 3 OF 3 SHEETS
03/10/2008 UR122064