HomeMy WebLinkAbout2023-41 - 1940 Wallace EasementRESOLUTION NO. 2023-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, ORDERING THE SUMMARY VACATION OF A PORTION OF A PUBLIC
UTILITY EASEMENT LOCATED AT 1940 WALLACE AVENUE
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS
FOLLOWS:
WHEREAS, the City of Costa Mesa desires to summarily vacate its interest in the
public utility easement located at 1940 Wallace Avenue, as more particularly described and
depicted in Exhibits "A" and "B," attached hereto and incorporated herein by reference
("Vacation Area"); and
WHEREAS, the easement to be vacated was dedicated for public utility purposes in
the document recorded on December 11, 1984 as Instrument No. 84-513164', in the Official
Records of the Orange County Recorder's Office; and
WHEREAS, California Streets and Highways Code Section 8333 authorizes
summary vacation of a public service easement when the easement has not been used for
the purpose for which it was dedicated or acquired for five consecutive years immediately
preceding the vacation or the easement is determined to be excess by the easement holder;
and
WHEREAS, the proposed vacation is based on a review of past utilization, future
improvements, and the current and future needs of the City. The Vacation Area has not been used
for the purpose for which it was dedicated within five consecutive years immediately preceding the
proposed vacation, is not useful as a public utility easement facility, is unnecessary for present or
future public use, and vacation thereof serves the public interest and is a public benefit.
WHEREAS, pursuant to the requirements of Streets and Highways Code section 892 the
Vacation Area is determined to not be useful as a nonmotorized transportation facility; and
Resolution 2023-41 Page 1 of 3
WHEREAS, six feet of the existing easement area will remain following the vacation and
will adequately serve the need for future public utility purposes; and
WHEREAS, pursuant to Government Code 65402, a report on the proposed vacation was
submitted to the Planning Commission on June 12, 2023. The Planning Commission has adopted
Resolution NO PC-2023-18 finding that the proposed vacation is consistent with the City's General
Plan.
that:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Costa
1. The foregoing recitals are true and correct and are incorporated herein by reference.
2. A public hearing is not required and the use of a summary proceeding is allowed for
the vacation of this portion of a public utility easement pursuant to Streets and
Highway Code Section 8333(a) and (c).
3. The City Council hereby orders the summary vacation of the portion of the public
utility easement described and depicted in Exhibits "A" and "B."
4. This action is categorically exempt from the California Environmental Quality Act
(CEQA) pursuant to CEQA Guidelines section 15301, 15303 and 15332 of the CEQA
Guidelines because it consists of actions that may result in minor changes to existing
facilities, or new construction of small structures on an existing residential lot and/or
exempt infill development.
5. Pursuant to Streets and Highways Code section 8336, the City clerk shall cause a
certified copy of this Resolution, attested by the City clerk under seal, to be recorded
in the Office of the Recorder of the County of Orange.
Resolution 2023-41 Page 2 of 3
PASSED AND ADOPTED this 1st day of August, 2023.
ATTEST:
&QXlcko ao-�
Brenda Green, dity Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF COSTA MESA
ss
�SOON
John Stephens, Mayor
APPROVED AS TO FORM:
Kimberly Hall/Barlow, City Attorney
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. 2023-41 and was duly passed and adopted
by the City Council of the City of Costa Mesa at a regular meeting held on the 1st day of August,
2023, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: CHAVEZ, GAMEROS, HARPER, MARR, REYNOLDS, HARLAN,
AND STEPHENS.
NOES: COUNCIL MEMBERS: NONE.
ABSENT: COUNCIL MEMBERS: NONE.
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of
Costa Mesa this 2nd day of August, 2023.
��s
Brenda Green, dAy Clerk
Resolution 2023-41 Page 3 of 3
THAT PORTION OF LOT 12 IN BLOCK "F" OF TRACT NO. 012, IN THE CITY OF COSTA MBA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN HOOK 20\ PAGES
1 AND 2 OF MISCELLANEOUS WAP3, RECORDS OF ORANGE COUNTY, CALIFORNIA MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE WESTERLY 14.00FEET OFTHE EASTERLY 20.O0FEET OFSAID LOT 1l
CONTAINING 889.3 SQUARE FEET MORE OR LESS.
AS SHOWN ON EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE
MADE A PART HEREOF.
THIS DESCRIPTION WAS PREPARED UNDER BY WE OR UNDER MY DIRECTION IN CONFORMANCE WITH
THE LAND SURVEYOR'S ACT
5-22-2073
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