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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 C11 APPROVED AS TO FORM: ;' Iq 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. ixuyi_ Brenda Green, dity Clerk bw Ir■ 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) �En LANb �,t� 1 �, PREPARED BY STEPHEN HA YES p r t_. S. 5133 * �i 1t EXPIRES � ,p� 6-30-17 STEPHEN HAYS$ �5 5173 1 EXPIRES 6-30-17 DATE OF �A, �F � HA YES S JR YF YING � .aA A LAND SURVEYING CORPORA TTAN 1: SEMBRADO - RANC10 SANTA MARGARITA -CA. 9Z69A TEL: (949) 4S9-089 - FAX (449) 709-3030 "hayessarveying@cox.net" JN 1403-17 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. r-TEPHEN,,HAYES Ep1.ANp�z '4--t zt,rA.S. 53 * STEPHEN HAYS S. 5)331' FIRES 6-30-17 DATE EXPIRES b _OF r*-° HAYES SUR VEYZNG A LAJ�M SUR�TYNG CORPORATION 12 SEMBRA W - RANCFIO SA,YiA ALARC+ARrTA - CA 9269K M.- (949) 419-8yY9 - FA.Y (W9) 709-3090 "hayessurveyingLGox,ne[" JN 9403-17 1 Iw Lu Q Z a Lu LL 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 �� �'t �� , COMPILED FROM RECORD DATA EXISTING "NEWPORT HEIGHTS TRACT", M.M. RIGHT-OF-WAY 4183 F ffAPN E. 19TH STREETI:426-031-01 f, I T6.30' _ 25' 51.30' W I tpuyi a'Uam'VY '' gl w z, ►►, — L_u — ! li w � 9 o I it 4 III z Ili Naa •oa a01w . 25.00' TI'S a ILIIz .� S50°00'00E 36,30'--- --_ T N50'00'00'W - 11.00' S40°00'00'W - 1.50' 4ol? ,—EXISTING RIGHT -0F -WAY use°aa'aa•w 32.3x' 4� X4 C6 cn �u ° N1. a ig OIM 1, o -- S50°00'00"E 76.30' _— — - — wi ----- — gl" ole z' o EAST 19Th STREET PREPARED BY: 1 ~7 -- `6 -� - Z 1 7 "j l 2•t7 11 ' STEPHEN HAYS . 15133 DATE 5G Na YES SUR VEYING ALA 4DSL'RVEYINO CORDO ATION 12 SE.'NDRAUO RA -N 710 $.R,NTA ,%4ARGAkl'I'A - F'A. 42689 7 EL • (SW 9j 454.99.YY - FAX f 449) 799-3M) "haycss rwcy mgC&cox. n ct" �Ep LANO V STEPH�AYESO IIv# L. S. 5133 { * EXPIRES cP 6-30-l7 9TH nF GA►-�F��, JN 1403-17