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Home My WebLink About13-34 - Vacation of Portion of Fullerton Ave Right-of-Way at 1826 Fullerton Ave`PLEASE COMPLETE THIS INFORMATION II RECORDING REQUESTED/j �BY: C'41 OrCoact Vf Ie5t( AND WHEN RECORDED MAIL TO: Cosa Me C, a C-.% berk &ox 19b Cosk f esu, r CA 82626-1206 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IjjjIIII I1]III jjI jjI 1IIII[]II JII III I1I1I1I11IIj 1II NO FEE *$ R 0 0 0 6 2 2 1 2 9 9$* 201300055764910:52 am 09127113 105 416 R28 6 0.00 0.00 0.00 0.00 12.00 0.00 0.00 0.00 TITLE OF DOCUMENT: p7eSDILLi—B®Il\ C`C[YkL 1, ecd rjivn FiIeq�a�fs#ul Per 4nvcmmt Code &W?) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) "'� n59 -TITLE PACE jR7195) r RESOLUTION NO. 13-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ORDERING THE VACATION OF A PORTION OF FULLERTON AVENUE RIGHT-OF-WAY AT 1826 FULLERTON AVENUE THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, the City Council of the City of Costa Mesa did, on the 16th day of July, 2013, adopt Resolution No. 13-23, 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 FULLERTON AVENUE RIGHT-OF-WAY LOCATED AT 1826 FULLERTON AVENUE; AND 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 Tuesday, the 3rd day of September, 2013, 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 3rd day of September, 2013; and WHEREAS, The original 1927 dedication is in excess of the final alignment of Flower Street which was established in 1960. The purpose of this vacation is based on a review of the current and future needs of the City and to vacate the excess land to the underlying fee owner. The portion of the street being vacated is not useful as a nonmotorized transportation facility, is unnecessary for present or future public use, and the vacation serves the public interest and is a public benefit. 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 street purposes; Resolution No. 13-34 Page 1 of 2 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 street purposes: 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. PTED this 3m day of September, 2013. JIM ER, Mayor (�Cl& 0 �, Brenda Green, City Clerk STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) APPR AS TO FORM AA Tom Odahb,o aney I, BRENDA GREEN, City Clerk of the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. 13-34 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 3rd day of September, 2013, by the following roll call vote: AYES: COUNCIL MEMBERS: Genis, Leece, Monahan, Righeimer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Mensinger IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Costa Mesa this 4th day of September, 2013. MAIM 14 'I Resolution No. 13-34 Page 2 of 2 DEED NO. EXHIBIT "A" LEGAL DESCRIPTION FOR VACATION OF RIGHT OF WAY APN 425-232-19 THE LAND REFERRED TO HEREIN IS SITUATED IN THE CITY OF COSTA MESA, COUNTY OF ORANGE, STATE OF CALIFORNIA. BEING A PORTION OF A PUBLIC HIGHWAY PER DEED OF RIGHT OF WAY TO THE CITY OF COSTA MESA RECORDED NOVEMBER 23, 1927 IN BOOK 101, PAGE 172, OF OFFICIAL RECORDS. SAID LAND LYING WITHIN A PORTION OF LOTS 1 AND 2 OF BLOCK "A" OF TRACT NO. 377, RECORDED IN BOOK 16, PAGE 15 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EASTERLY 8.70 FEET OF THE 14.70 FEET, LYING ADJACENT TO AND SOUTHEASTERLY OF THE SOUTHEASTERLY RIGHT OF WAY LINE OF FULLERTON AVENUE, AS SHOWN ON SAID MAP OF TRACT NO. 377, SAID STRIP OF LAND BEING BOUNDED NORTHEASTERLY BY THE NORTHEASTERLY LINE OF SAID LOT 2 AND BOUNDED SOUTHWESTERLY BY THE NORTH WESTERLY LINE OF SAID LOT 1, SAID LINE ALSO BEING THE EASTERLY CURVED LINE AS DESCRIBED PER DEED OF RIGHT OF WAY TO THE CITY OF COSTA MESA, RECORDED MARCH 23, 1960 IN BOOK 5160, PAGE 155, OF OFFICIAL RECORDS. SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. PREPARED BY ME OR UNDER MY DIRECTION 1� 0 1/- ti4 N0.25003 RA AL L. STREETER, R.C.E. 25083 w EXP t2/31/t� DEED NO. EXHIBIT "B" SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOR VACATION OF RIGHT-OF-WAY A.P.N. 425-232-19 I W'LY 6.00' OF RIGHT-OF-WAY IPER EASEMENT DEED RECORDED NOV. 23, 1927 PER BK, 101, f I PG. 172 O.R. TO REMAIN 1 LOC 3 '1 4J W I N50'11'45"W 130.00' `) 15.30' I^ 5 o 50.3' Q n C ZO � w00 Q. V/ q LOT 2 (0 cd L I w Q 7 W v m / C n .I :IZ I < 130 00' Iz R-201 z / \ C LOT 1 N �c N50'11'45"W 110.00' EASTERLY LINE PER STREET &\I HIGHWAY DEDICATION TO CIT o OF COSTA MESA BOOK 5160, PAGE 155, REC. 3-23-1960 -41 o Lo T� MAGNOLIA STREET 0 M i-- - _ _ _ _ / PPOF ESs/o g NO. 25083 9 m 8.70 FEET OF EXISTING RIGHT-OF-WAY L EXP 12/31/13 RECORDED NOV. 23, 1927 PER BK. 1 , PG. 172 O.R. TO BE VACATED. sIV C V1- SCALE: 1 "=30' At 1 � JN: 13-1941 q CITY OF COSTA SA M A.P.N. 425-232-19 DEED NO.: DRAWN BY: NS SCALE: AS SHOWN DATE: 04 29 13 1826 FULLERTON AVE. THIS IS NOT A SURVEY BUT IS COMPILED FROM EXISTING RECORDS EXHIBIT "A" FINDINGS A. The proposed street vacation is consistent with the General Plan and the Land Use and Circulation Elements contained therein. B. The proposed street vacation is consistent with the provisions of Section 8300 et seq. of the California Streets and Highways Code. C. The portion of the Fullerton Avenue being vacated has been found by the Engineering and Transportation Services Divisions not to be useful as a non - motorized transportation facility. As such, the vacation serves the public interest and is a public benefit since the vacated street area is unnecessary for present or future public use.