HomeMy WebLinkAbout2023-42 - 2156 Myran EasementRESOLUTION NO. 2023-42
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 2156 MYRAN DRIVE
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 2156 Myran Drive, 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 July 24, 2007 as Instrument No. 2007000462344, 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 the vacation 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 2023-42 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-2023-19 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 and 15332 of the CEQA
Guidelines because it consists of basic activities that
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 2023-42 Page 2 of 3
PASSED AND ADOPTED this 1st day of August, 2023.
ATTEST:
Brenda Green, dity Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF COSTA MESA
ss
1?_R �_
John Stephens, Mayor
APPROVED AS TO FORM:
Kimberly Haji 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. 2023-42 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.
OOWAAD
Brenda Green, C y Clerk
Resolution 2023-42 Page 3 of 3
EXHIBIT "X'
LEGAL DESCRIPTION
PARCEL I:
The westerly one acre of the south half of Lot 28 of Fairview Farms in the
City of Costa Mesa, County of Orange, State of California, as shown on'a-
map recorded in Book 8, Page 71, of Miscellaneous Maps, records of said
Orange County, excepting therefrom the northerly 240.00 feet, the southerly
46.98 feet, the easterly 6.00 feet and the westerly 25.00 feet thereof.
The above described parcel contains 1837 more or less square feet.
Prepared under the supervision of:
Bruce Hall Land Surveyor
5732 Middlecoff Drive
Huntingto%Beach, Ca. 92649
Bruce Hall
LS 4743
5/20/23
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