HomeMy WebLinkAbout17-35 - Vacation of E 19th at 152 E 19th -RESOLUTION NO. 17-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, ORDERING THE VACATION OF A PORTION OF EAST 19TH STREET
RIGHT-OF-WAY AT 152 EAST 19TH STREET
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 4th day of
April, 2017, adopt Resolution No. 17-22, 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 EAST 19TH STREET
RIGHT-OF-WAY LOCATED AT 152 EAST 19TH STREET; 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 2nd day of May, 2017, 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 2nd day of May, 2017; and
WHEREAS, the original 1979 dedication is in excess of the final alignment of
East 19th STREET which was amended in 2005. The purpose of this vacation is based
Il on a review of the current and future needs of the City and to vacate the excess land to
Resolution No. 17-35 Page 1 of 3
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;
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.
PASSED AND ADOPTED this 2nd day of May, 2017.
ATTEST:
Brenda Green', City Cierk
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APPROVED AS TO FORM:
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Thomas Duart , Citi' Attorney
Resolution No. 17-35 Page 2 of 3
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss
CITY OF COSTA MESA }
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY
CERTIFY that the above and foregoing is the original of Resolution No. 17-35 and was
duly passed and adopted by the City Council of the City of Costa Mesa at a regular
meeting held on the 2nd day of May, 2017, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: Mansoor, Righeimer, Stephens, Genis, and Foley
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seat of the
City of Costa Mesa this 3rd day of May, 2017.
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Brenda Green, dity Clerk
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Resolution No. 17-35 Page 3 of 3
EXHIBIT "A"
"LEGAL DESCRIPTION"
OF VACATION OF A PORTION OF
EAST 99TH STREET - CITY OF COSTA MESA
SHEET ? OF 3
THAT PORTION OF EAST 19TH STREET IN THE CITY OF COSTA MESA, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS DEDICATED TO THE CITY OF COSTA MESA PER STREET AND
HIGHWAY EASEMENT PER INSTRUMENT RECORDED AUGUST 24, 1979, FILED IN BOOT( 13285,
PAGE 23 OF OFFICIAL RECORDS, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF
SAID ORANGE COUNTY, ALSO BEING A PORTION OF LOT 172 OF NEWPORT HEIGHTS TRACT AS
PER MAP RECORDED IN BOOK 4, PAGE 83 OF MISCELLANEOUS MAPS, RECORDS OF SAID
ORANGE COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTERLINE INTERSECTION OF FULLERTON AVENUE AND EAST 19TH
STREET, THENCE S50°00'00"E ALONG THE CENTERLINE OF SAID EAST 19TH STREET
DISTANCE OF 76.30 FEET; THENCE N40°00'00"E ON A LINE PARALLEL WITH THE CENTERLINE OF
FULLER TON AVENUE A DISTANCE OF 31.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE
N50°00'00"W ALONG A LINE PARALLEL WITH THE CENTERLINE OF EAST 19TH STREET A
DISTANCE OF 1 I.00 FEET THENCE S40"00'00"W ALONG A LINE PARALLEL WITH THE
CENTERLINE OF FULLERTON AVENUE A DISTANCE OF 1.50 FEET TO A POINT ON THE
SOUTHWESTERLY LINE OF SAID LOT 972, ALSO BEING ON A LINE PARALLEL WITH AND 30.00
FEET NORTHEASTERLY OF THE CENTERLINE OF EAST 19TH STREET: THENCE N50"00'00"W
ALONG LAST MENTIONED PARALLEL LINE A DISTANCE OF 32.30 FEET TO A POINT 8.00
SOUTHEASTERLY OF THE MOST WESTERLY CORNER OF SAID STREET AND HIGHWAY
EASEMENT DESCRIBED PER INSTRUMENT RECORDED 1N BOOK 13285, PAGE 23 OF OFFICIAL
RECORDS; THENCE N 17°59'41 "W A DISTANCE OF 9.43 FEET TO A POINT ON THE
NORTHWESTERLY LINE OF SAID STREET AND HIGHWAY EASEMENT BEING 5.00 FEET
NORTHEASTERLY FROM SAID MOST WESTERLY CORNER, SAID POINTALSO BEING ON LINE
PARALLEL WITH AND 25.00 FEET SOUTHEASTERLY OF THE CENTERLINE OF FULLERTON
AVENUE;
{LEGAL DESCRIPTION CONTINUED ON PAGE 2 OF 3)
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EXHIBIT "A" SHEET 2 OF 3
"LEGAL DESCRIPTION"
OF VACA TION OF A PORTION OF
EAST 79TH STREET - CITY OF COSTA MESA
THENCE N40000'00"E ALONG LAST MENTIONED PARALLEL LINEA DISTANCE OF 33.00 FEET TO A
POINT OF CUSP WITH A CURVE BEING CONCAVE TO THE EAST HAVING A RADIUS OF 95.00
FEET AND TO WHICH POINT RADIAL LINE BEARS N50°00'00"W,THENCE SOUTHWESTERLY,
SOUTHERLY AND SOUTHEASTERLY 23.56 FEET" ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 90"00'00" TO A POINT OF TANGENT WITH ALINE PARALLEL WITH AND 53.00 FEET
NORTHEASTERLY OF THE CENTERLINE OF EAST 19TH STREET, THENCE S50°0000"E ALONG
LAST MENTIONED PARALLEL LINEA DISTANCE OF 36.30 FEET TO A POINT ON A LINE
PARALLEL WITH AND 76.30 FEET SOUTHEASTERLY OF THE CENTERLINE OF FULLERTON
AVENUE, THENCE S40000'00"W ALONG LAST MENTIONED PARALLEL LINE A DISTANCE OF 21.50
FEET TO THE TRUE POINT OF BEGINNING.
THE ABOVE DESCRIBED VACATION CONTAINING AN AREA OF 1,192 SQUARE FEET.
Subject to all covenants, conditions, restrictions, reservations, rights, rights of way, and
easements of record, if any.
SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A
PART HEREOF.
THIS DOCUMENT CONSISTING OF THREE PAGES, (EXHIBITS :A" AND 8") WAS
PREPARED BY ME OR UNDER MY SUPERVISION,
PREPARED BY.
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EXHIBIT "B" SHEET 3 OF 3
MAP TO ACCOMPANY LEGAL DESCRIPTION OF
VACATION OF A PORTION OF "EAST 19TH STREET"
CITY OF COSTA MESA
LEGEND
r' ;•'� ' AREA TO BE "VACATED"
o o T. P.O.B. TRUE POINT OF BEGINNING
5 Of� . P.O.B. POINT OF BEGINNING
NOTE: THE BEARINGS AND DISTANCES
25 25 SHOWN HEREON HAVE BEEN
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EXISTING
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RIGHT-OF-WAY
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