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HomeMy WebLinkAbout05 - PH-1 - Vacation of Portion 164 Flower St - 10/2/2012CITY COUNCIL AGENDA REPORT MEETING DATE: OCTOBER 2, 2012 lt*uP1TI15T14-1; SUBJECT: PUBLIC HEARING FOR THE VACATION OF A PORTION OF FULLERTON AVENUE RIGHT-OF-WAY AT 164 FLOWER STREET DATE: SEPTEMBER 20, 2012 FROM: PUBLIC SERVICES DEPARTMENT/ENGINEERING DIVISION PRESENTATION BY: ERNESTO MUNOZ, PUBLIC SERVICES DIRECTOR FOR FURTHER INFORMATION CONTACT: FARIBA FAZELI, INTERIM CITY ENGINEER, (714) 754-5335 RECOMMENDATION: 1. Adopt Resolution ordering the vacation of a portion of Fullerton Avenue Right -Of -Way at 164 Flower Street (Attachment 1). 2. Authorize execution of the Quitclaim Deed by the Mayor and the Deputy City Clerk (Attachment 2). BACKGROUND: The Engineering Division is processing a request from Mr. Daniel Thompson of Sam Costa Mesa LLC, for the vacation of a portion of Fullerton Avenue. This portion of Fullerton Avenue is adjacent to Mr. Thompson's property at 164 Flower Street. The proposed vacation of right-of- way is in conjunction with the Sam Costa Mesa LLC proposed subdivision per Tentative Parcel Map No. 2011-144 (Attachment 3). Per the current City's Master Plan of Highways, Fullerton Avenue is designated as a two-lane local street. The remainder of Fullerton Avenue has been constructed to fulfill the Master Plan of Highways' capacity requirement within an existing 45 to 50 -foot full -width right-of-way. Currently the right-of-way width at this location is 60 feet. This results in 9.7 feet of excess right-of-way along the property located at 164 Flower Street (east side of Fullerton Avenue) and 0.3 feet along the property located at 145 East 19th Street (west side of Fullerton Avenue). The proposed vacation would comply with the current standard for local streets and be consistent with the existing improvements and the 50 -foot full -width right-of-way with a half -width of 25 feet on the subject side. On May 14, 2012, a report was presented to the Planning Commission outlining the proposed vacation as required by Government Code Section 65402. Subsequently, the Planning Commission adopted Resolution No. PC -12-15 finding that the proposed vacation of a portion of Fullerton Avenue excess right-of-way is consistent with the City's General Plan (Attachment 4). ANALYSIS: The proposed segment of Flower Street to be vacated was originally dedicated in 1927 and is in excess of the final alignment. In addition, this segment of street does not serve any ingress and egress purposes to other private properties. Currently, there are no utilities located within this portion of right-of-way and therefore, a reservation for a utility easement is not required. The vacation of this portion of excess right-of-way is in conformance with the objectives of the Circulation Element General Plan. The vacation will benefit the neighborhood with the new proposed development at 164 Flower. Therefore, it is recommended that the proposed vacation continue to be processed and forwarded to the City Council for approval. The Notice of Intention to vacate right-of-way was presented to the City Council at its regular meeting of September 4, 2012. Resolution 12-60 was subsequently adopted setting this public hearing (Attachment 5). The property has been posted and notices of this public hearing were published as required by the Resolution. Staff has prepared the attached Resolution ordering the vacation of excess right-of-way (Attachment 1). Staff also recommends that a Quitclaim Deed be executed relinquishing the City of any interest in said excess right-of-way (Attachment 2). ALTERNATIVES: The City could retain the excess right-of-way and continue to be responsible for its maintenance. The alternative to retain excess right-of-way will result in the City's continued involvement of unusable right-of-way. There are no future plans to widen Fullerton in this area. FISCAL REVIEW: Once the area is vacated it becomes taxable square footage, resulting in additional property taxes to the adjacent property owner to which the land will revert. This will result in additional revenue to the City. LEGAL REVIEW: The City Attorney's Office has approved the attached resolution as to form. CONCLUSION: Staff recommends that the City Council adopt the Resolution ordering the vacation of Fullerton Avenue excess right-of-way at 164 Flower Street. In addition, staff recommends that the City Council authorize execution of the Quitclaim Deed by the Mayor and the Deputy City Clerk. i ERN,Jtf MUNOZ FARIBA FAZELI Puolicorvices Director Interim City Engineer Attachments: 1 — Resolution Ordering the Vacation of Excess Right-of-way 2 — Quit Claim Deed 3 — Tentative Parcel Map No. 2011-144 4 — Resolution PC -12-15 5 — Resolution 12-60 Distribution: Chief Executive Officer Assistant CEO City Attorney City Clerk Division 2 Attachment 1 RESOLUTION NO. 12- 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 164 FLOWER 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 September, 2012, adopt Resolution No. 12-60, 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 164 FLOWER 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 4th day of September, 2012, 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 October, 2012; 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 vacation will benefit the neighborhood with the new improvements. 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 October, 2012. ATTEST: BRENDA GREEN, Interim City Clerk STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) ERIC BEVER, Mayor APPROVED AS TO FORM Tom Duarte, Attorney I, BRENDA GREEN, Interim City Clerk of the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. 12- was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 2nd day of October, 2012, by the following roll call vote: AYES: NOES: 2 ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Costa Mesa this 3rd day of October, 2012. BRENDA GREEN, Interim City Clerk 3 DEE c> 378. EXHIBIT "A" LEGAL DESCRIPTION FOR VACATION OF RIGHT OF WAY APN 425-234-21 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 "C" 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 9.70 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 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 DECEMBER 23, 1959 IN BOOK 5028, PAGE 479, OF OFFICIAL RECORDS. SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. PREPARED BY ME OR UNDER MY DIRECTION DEED NO. 3782 EXHIBIT "B° SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOR VACATION OF RIGHT-OF-WAY A.P.N. 425-234-21 9.70 FEET OF EXISTING * 60' RIGHT-OF-WAY GRANTED TO THE CITY RIGHT-OF-WAY RECORDED NOV. OF COSTA MESA AS SUCCESSOR OF 23, 1927 PER BK. 101, PG. INTEREST FROM THE COUNTY OF ORANGE 172 O.R. TO BE VACATED. RECORDED MAY 13, 1926 IN BOOK 649, SCALE: 1 "=30' 209 OF DEEDS. JN: 11-1876 CITY OF COSTA MESA A.P.N. 425-234-21 DEED NO.: DRAWN BY: HB 164 FLOWER STREET SCALE: AS SHOWN DATE: 04/24/12 THIS IS NOT A SURVEY BUT IS COMPILED FROM EXISTING RECORDS W LY 5.00 OF RIGHT-OF-WAY f I PER EASEMENT DEED RECORDED NOV. 23, 1927 PER BK. 101, PG. 172 O.R. TO REMAIN ' r N50'11'45"W 130.00' w ( ,�� 115.30' F- 5' 2 1 45.3' �� T z w C13. LOT 2 o O � � O c� C) LOT 7 w 00 I 1 co J J �� 00 LL � Z �,� 130.00' z j C� z R=20' � in LOT 1 0 N N50'11'45"W 110.00' EASTERLY LINE PER STREET & HIGHWAY DEDICATION TO CITY OF o a� COSTA MESA BOOK 5028, PAGE 479, REC. 12-23-1959 - o _ FLOWER STREET* 0 ni 9.70 FEET OF EXISTING * 60' RIGHT-OF-WAY GRANTED TO THE CITY RIGHT-OF-WAY RECORDED NOV. OF COSTA MESA AS SUCCESSOR OF 23, 1927 PER BK. 101, PG. INTEREST FROM THE COUNTY OF ORANGE 172 O.R. TO BE VACATED. RECORDED MAY 13, 1926 IN BOOK 649, SCALE: 1 "=30' 209 OF DEEDS. JN: 11-1876 CITY OF COSTA MESA A.P.N. 425-234-21 DEED NO.: DRAWN BY: HB 164 FLOWER STREET SCALE: AS SHOWN DATE: 04/24/12 THIS IS NOT A SURVEY BUT IS COMPILED FROM EXISTING RECORDS Recording Requested by CITY OF COSTA MESA When Recorded Mail to: CITY OF COSTA MESA Attention - City Clerk P.O. BOX 1200 COSTA MESA, CALIFORNIA 92628-1200 Mail Tax Statements to: Owner (s) of Record APN: 425-234-21 TCA: 15115 Attachment 2 Deed No.: 3782 Location: 164 Flower Street Exempt Recording Requested per Government Code 6103 QUITCLAIM DEED THE UNDERSIGNED DECLARE(S) DOCUMENTARY TRANSFER TAX IS NONE. GOVERNMENTAL AGENCY EXEMPT CITY OF COSTA MESA FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of Costa Mesa, a Municipal Corporation do/does hereby remise, release and forever quitclaim to Sam -Costa Mesa LLC, an Oregon limited liability company, the following described real property subject to reversion rights as recognized by State and local law, in the City of Costa Mesa, County of Orange, State of California: SEE RESOLUTION NO. AS INSTRUMENT NO._ OFFICIAL RECORDS RECORDER, ORANGE HERETO AND BY THIS OF IN THE OFFICE OF THE COUNTY COUNTY, CALIFORNIA, ATTACHED REFERENCE MADE A PART HEREOF. THIS DEED IS BEING RECORDED TO PERFECT THE TITLE OF THE SUBJECT PROPERTIES. City Clerk of the City of Costa Mesa Mayor of the City of Costa Mesa TENTATIVE PARCEL MAP 2011-144 IN THE CITY OF COSTA MESA, COUNTY OF ORANGE STATE OF CALIFORNIA I I I I I I EXISTING SINGLE -STORY i RESIDENCE 9509 TC I ti'���.--l-----.- .. �-1-•-1-r "�_�-l-.i-.i-.- .^�\jjj f. 9460 FL :'-•- .r -•-r- �-�- 95.49 N4971'23'W 130.01 96.22 63.01 - 5.0' EX. ROAD EASEMENT I -- TO REMAIN I :. 9.7' EX, -ROAD- EAS-It", ASE N TO E VACATED I 7 I I I II)) a"4d�95.48 ., W EX. ROAD EASEMENT TO BE DEDICATED PER PARCEL MAP 95 70 1d` I 162,RCF W L ST. Ibb\\�� EL 1 I I I PAD = 96,9 I 7 I J I I I TO BE DEDICATED t. I PER PARCEL MAP t I 61.38_ �x- syF PARCELA v I I p N49 23"W 113( y �! I R=25" y � 95.64 TC a 95.17 FL ,o I d N4921'23 IN _ 95.42 _ FLOWER r 164 FLOWER ST. PARCEL2 1l PAD = 97.0 96.68 rc 63.01' .. �-_ __.. . .. ............ PARCEL A o s U (0.14%) 95.78 TC ) COMPANY. ORDER NO. 3947735, DATED JAIAM 13, 2012 SYMBOL 95.28 R rc 95.79 FTC PLAN 25TORY BUILDING &ATTACHED 2 -CAR GARAGE A FL OINCIDENTAL PURPOSES IN FAVOR OF THE CITY OF MARCH 26, 2012 COSTA MESA RECORDED NOVEMBER 23, 1927 IN 'PARCEL BOOK 101, PAGE 172 OF OFFICIAL RECORDS. AN EASEMENT FOR STREET, HIGHWAY AND INCIDENTAL ©PURPOSES IN FAVOR OF THE CITY OF COSTA MESA t RECORDED DECEMBER 23, 1959 IN BOOK 5028, � 5 _ JJJ _ J 1 96.36 l ) r STREE ! 1 C LOT COVERAGES } J EXISTING PARCEL 1 \) SINGLE -STORY RESIDENCE STRUCTURE: 1,563 SQ. FT. � PORCH: 141 SQ. FT. 1 I DRIVEWAY: 144 SO. FT. 3.9% OPEN SPACE: 1,882 SO. FT. 50.4% TOTAL 3,730 SQ. FT. 1 PARCEL 2 1 _ � 96.17 STRUCTURE: 1,563 SO. FT. 41.2% ; PORCH: 141 SO. FT. 1 DRIVEWAY: 144 SO. FT. 96.13 1 OPEN SPACE: 1,943 SQ. FT. 51.3% l \ TOTAL' 3,611 SQ. FT. 1 l t PARCEL A (COMMON LOT) 1 DRIVEWAY: 160 SQ. FT. 1 OPEN SPACE 1,007 SQ. FT. 86.37. } TOTAL 1,167 SQ. FT. '95.89 1 LEGEND rJl - - -�- - - CENTER LINE (0.14%) 95.78 TC ) COMPANY. ORDER NO. 3947735, DATED JAIAM 13, 2012 SYMBOL 95.28 R ON 95.79 FTC PLAN 25TORY BUILDING &ATTACHED 2 -CAR GARAGE A FL OINCIDENTAL PURPOSES IN FAVOR OF THE CITY OF MARCH 26, 2012 COSTA MESA RECORDED NOVEMBER 23, 1927 IN 'PARCEL BOOK 101, PAGE 172 OF OFFICIAL RECORDS. AN EASEMENT FOR STREET, HIGHWAY AND INCIDENTAL ©PURPOSES IN FAVOR OF THE CITY OF COSTA MESA t RECORDED DECEMBER 23, 1959 IN BOOK 5028, � 95.69 _ JJJ _ J l ) r STREE ! 7 C LOT COVERAGES t) JJJJ - - - - -Id 5 d 10' 20' GRAPHIC SCALE. 1'=1d EXISTING EASEMENTS PER TITLE REPORT PREPARED BY FIRST AMERICAN TITLE INSURANCE COMPANY. ORDER NO. 3947735, DATED JAIAM 13, 2012 SYMBOL 1. EXISTING ZONING: R2 ON DESCRIPTION PLAN 25TORY BUILDING &ATTACHED 2 -CAR GARAGE A AN EASEMENT FOR PUBLIC HIGHWAY AND OINCIDENTAL PURPOSES IN FAVOR OF THE CITY OF MARCH 26, 2012 COSTA MESA RECORDED NOVEMBER 23, 1927 IN 'PARCEL BOOK 101, PAGE 172 OF OFFICIAL RECORDS. AN EASEMENT FOR STREET, HIGHWAY AND INCIDENTAL ©PURPOSES IN FAVOR OF THE CITY OF COSTA MESA t RECORDED DECEMBER 23, 1959 IN BOOK 5028, � PAGE 479 OF OFFICIAL RECORDS. AREA NET AREA: 9,123 SF = 0.209 AC STREET DEDICATION: 434 SF 0.009 AC GROSS AREA: 8,689 SF = 0.200 AC PARCEL GENERAL NOTES DESCRIPTION 1 1. EXISTING ZONING: R2 2STORY BUILDING&ATTACHED 2 -CAR GARAGE 2 2PROPOSED ZONING R2 25TORY BUILDING &ATTACHED 2 -CAR GARAGE A i PROPOSED LAND USE: SMALL -LOT CONFIGURATION COMMON 4. AREA IS NOT SUBJECT TO OVERFLOW OR FLOOD HAZARD; MARCH 26, 2012 ZONE "X", FIRM MAP 06059CO269J, DECEMBER 3, 2009 'PARCEL SHEET SUMMARY t � i l ) } 7 C LOT COVERAGES t) J 7 PARCEL 1 i STRUCTURE: 1,563 SQ. FT. 41.9% PORCH: 141 SQ. FT. 3.8% I DRIVEWAY: 144 SO. FT. 3.9% OPEN SPACE: 1,882 SO. FT. 50.4% TOTAL 3,730 SQ. FT. 100% ) PARCEL 2 ` STRUCTURE: 1,563 SO. FT. 41.2% ; PORCH: 141 SO. FT. 3.7% 1 DRIVEWAY: 144 SO. FT. 3.8% 1 OPEN SPACE: 1,943 SQ. FT. 51.3% l \ TOTAL' 3,611 SQ. FT. 100% l PARCEL A (COMMON LOT) 1 DRIVEWAY: 160 SQ. FT. 13.7% ) OPEN SPACE 1,007 SQ. FT. 86.37. } TOTAL 1,167 SQ. FT. 100% LEGEND - - -�- - - CENTER LINE - - - EXISTING P/L - - - PROPOSED BOUNDARY - - PROPOSED P/L - - - - - EXISTING EASEMENT - - -- n - -- -- EXISTING SEWER LINE --- '-x v---- EXISTING WATER LINE EXISTING FIRE HYDRANT 43 EX STING POWER POLES EXISTING WATER METER PROPOSED WATER METER o PROPOSED SEWER LATERAL EXISTING CURB & GUTTER PROPOSED CURB & GUTTER OPROPOSED CONCRETE WALK PARCEL PARCEL AREA DESCRIPTION 1 3,730 S.F.=0.006 AC 2STORY BUILDING&ATTACHED 2 -CAR GARAGE 2 3,791 S.F. = 0.087 AC 25TORY BUILDING &ATTACHED 2 -CAR GARAGE A 1,167 S.F.=0.027 AC COMMON MARCH 26, 2012 LOT ABBREVIATION EX. EXISTING FL FLOW LINE FG FINISH GRADE FS FINISH SURFACE P/L PROPERTY LINE S SEWER R/W RIGHT OF WAY TC TOP OF CURB W WATER Attachment 3 VICINITY MAP OWNER/SUBDIVIDER SAM -COSTA MESA, LLC 1401 QUAIL STREET, #100 NEWPORT BEACH, CA 92660 CONTACT: RAY DORAME, VP OF OPERATIONS PHONE: 949.252.1122 PLANS PREPARED BY: ADAMS • STREETER CIVIL ENGINEERS, INC. 16 Carpmah Park, k*^ CA 92500 Pk949.474.23W Faa:949-474-0251 LEGAL DESCRIPTION LOT 1 AND 2 IN BLOCK 'C" OF TRACT NO. 377, IN THE CITY OF COSTA MESA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 16, PAGE 16 OF MISCELLANEOUS MAPS, N THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING FROM LOT 1 THE INTEREST CONVEYED TO THE COUNTY OF ORANGE BY DEED RECORDED MAY 13, 1926 IN BOOK 649, PAGE 209 OF DEEDS. ASSESSOR PARCEL NUMBER APN: 425-234-21 BENCHMARK O.C.S. BENCHMARK GPS #1533; FOUND BENCH MARK STAMPED WITH 3 y4" ALUM. DISK IN 4 FT. BY 8 FT. CATCH BASIN. ELEV. = 95.626 BASIS OF BEARINGS THE BEARINGS SHOWN HEREON ARE BASED ON THE BEARING BETWEEN O.C.S. HORIZONTAL CONTROL STATION GPS NO. 6234 AND STATION GPS NO. 1533, BEING SOUTH 8T39'45" WEST PER RECORDS ON FILE IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR. PROJECT ADDRESS 164 FLOWER STREET. COSTA MESA, CALIFORNIA 92627 1 130 TO THE SOUIH-DIST: REMSION TO VAGITXIN OF EX ROAD UFASEB&7RI NE 9*70 14.25.12' THIS MAP WAS PREPARED UNDER THE SUPERVISION OF: p� y `fs�g Ks NS W I1n * z RIP. 06/!0/17 , f . 6/6/2012 J} CIVIL �! 9 vl\, NICHOLAS A STREETER DATE OF CAI1F0� RCE 70862 EXP. 06/30/13 PLAN PREPARATION DATE MARCH 26, 2012 J.N. 11-1876 CITY OF COSTA MESA SHEET 1 TENTATIVE PARCEL of MAP NO. 2011-124 1 Attachment 4 RESOLUTION NO. PC -12-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COSTA MESA FINDING THAT THE CITY OF COSTA MESA'S VACATION OF A PORTION OF RIGHT-OF-WAY ON FULLERTON STREET TO THE UNDERLYING FEE TITLE OWNER OF 164 FLOWER STREET IS IN CONFORMANCE WITH THE CITY OF COSTA MESA 2000 GENERAL PLAN THE PLANNING COMMISSION OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, the City of Costa Mesa 2000 General Plan was adopted on January 22, 2002; WHEREAS, the California Government Code 65402, requires the City of Costa Mesa shall not acquire, use, or dispose of any real property until the use of the property has been found in conformance with the City's General Plan; WHEREAS, the proposed right-of-way vacation has been reviewed by the Engineering and Transportation Services Divisions, and based on the existing land use and freeway configuration, it is no longer required for public street and highway purposes. WHEREAS, the subject right-of-way adjacent to 164 Flower Street is shown in Exhibit A (City Engineer's memo dated April 25, 2012); WHEREAS,, the Costa Mesa Planning Commission has reviewed the proposed abandonment. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby find the proposed vacation of excess right-of-way in conformance to the City of Costa Mesa 2000 General Plan. PASSED AND ADOPTED this 14h day of May 2012. COLIN MCCARTHY Chair, Costa Mesa Planning Commission STATE OF CALIFORNIA .) )ss COUNTY OF ORANGE ) I, Claire Flynn, secretary to the Planning Commission of the City of Costa Mesa, do hereby certify that the foregoing Resolution was passed and adopted at a meeting of the City of Costa Mesa Planning Commission held on May 14, 2012, by the following votes: AYES: McCarthy, Clark, Dickson, Fitzpatrick, Salcedo NOES: COMMISSIONERS ABSENT: COMMISSIONERS ABSTAIN: COMMISSIONERS i Secretary, Costa esa Planning Commission a AITAcHM-EWT 5 RESOLUTION NO. 12-45 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 AT 164 FLOWER AVENUE. THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: SECTION 1. The City Council of the City of Costa Mesa does hereby declare its intention to vacate a portion of its interest in Fullerton Avenue at 164 Flower Street, being more particularly described in Exhibit A and B attached hereto. SECTION 2. On Tuesday, the 7t" day of August, 2012, at 7:00 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa, California, is hereby fixed as the time and place for hearing all persons interested in or objecting to the proposed vacation. SECTION 3. These proceedings shall be conducted pursuant to the provisions of Section 8300 et seq. of the Streets and Highways Code of the State of California, and any other applicable laws. SECTION 4. The City Chief Executive Officer of the City of Costa Mesa is hereby directed to cause notices of the said proposed vacation to be conspicuously posted along said strip of land for at least two (2) weeks before the date of said hearing. Said notices shall be posted not more than three hundred (300) feet apart, but in no event shall fewer than three (3) notices be posted. SECTION 5. This Resolution shall be published twice in a newspaper of general circulation, printed and published in the City of Costa Mesa, Orange County, California. PASSED AND ADOPTED this 3'd day of July, 2012. MayorEric R. Bever, ATTEST: &&� 1t.1 --- Brenda Green, Interim City Clerk APPROVED AS TO FORM: Thomas D a , Ci Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, BRENDA GREEN, Interim City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 12-45 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the Yd day of July, 2012, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: BEVER, RIGHEIMER, LEECE, MENSINGER, MONAHAN NONE NONE IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 51' day of July, 2012. (SEAL) &IJA ali�— BRENDA GREENJ INTERIM CITY CLERK 3 DEE E D 3782 EXHIBIT "A" LEGAL DESCRIPTION FOR VACATION OF RIGHT OF WAY APN 425-234-21 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 "C" 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 9.70 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 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 DECEMBER 23, 1959 IN BOOK 5028, PAGE 479, OF OFFICIAL RECORDS. SEE EXHIBIT `B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. PREPARED BY ME OR UNDER MY DIRECTION � aquas &RAN)IAL49INtkTC, *R.C.-.3 DEED NO. 3782 EXHIBIT "B" SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOR VACATION OF RIGHT—OF—WAY A.P.N. 425-234-21 W'LY 5.00' OF RIGHT-OF-WAY I j j PER EASEMENT DEED RECORDED NOV. 23, 1927 PER BK. 101, 'l I I PG. 172 O.R. TO REMAIN I I- N50'11'45"W 130.00' w I 1- 115.30' I 45.3' Z LOT. 2 ' o cnl I Cs Lal 7 W � U- C. -of o' 130.00' It LL z z R=20' LOT 1 0 ' N N50`11'45"W 110.00' EASTERLY UNE PER STREET & HIGHWAY DEDICATION TO CITY OF COSTA MESA BOOK 5028, PAGE 479, REC. 12-23-1959 FLOWER STREET* 0 I / 9.70 FEET OF EXISTING 60' RIGHT-OF GRANTED TO THE CITY RIGHT -OF --WAY RECORDED NOV. OF COSTA MESA AS SUCCESSOR OF 23, 1927 PER BK. 101, PG. INTEREST FROM THE COUNTY OF ORANGE SCALE: 1"=30' 172 O.R. TO BE VACATED. RECORDED MAY 13, 209 OF DEEDS. 1926 IN BOOK 649, CITY OF COSTA MESA A.P.N. 425-234-21 164 FLOWER STREET DEED NO.: DRAWN BY: HB SCALE: AS SHOWN DATE: 04/24/12 THIS IS NOT A SURVEY BUT IS COMPILED FR - JN: 11 - Attachment 5 RESOLUTION NO. 12-60 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 AT 164 FLOWER AVENUE. THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: SECTION 1. The City Council of the City of Costa Mesa does hereby declare its intention to vacate a portion of its interest in Fullerton Avenue at 164 Flower Street, being more particularly described in Exhibit A and B attached hereto. 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 vacation will benefit the neighborhood with the new improvements. SECTION 2. On Tuesday, the 2nd day of October, 2012, at 7:00 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa, California, is hereby fixed as the time and place for hearing all persons interested in or objecting to the proposed vacation. SECTION 3. These proceedings shall be conducted pursuant to the provisions of Section 8300 et seq. of the Streets and Highways Code of the State of California, and any other applicable laws. SECTION 4. The City Chief Executive Officer of the City of Costa Mesa is hereby directed to cause notices of the said proposed vacation to be conspicuously posted along said strip of land for at least two (2) weeks before the date of said hearing. Said notices shall be posted not more than three hundred (300) feet apart, but in no event shall fewer than three (3) notices be posted. SECTION 5. This Resolution shall be published twice in a newspaper of general circulation, printed and published in the City of Costa Mesa, Orange County, California. PASSED AND ADOPTED this 4th day of September, 2012. ATTEST: Brenda Green, Interim City Clerk Eric R. Bever, Mayor APPROVED AS TO FORM: )?,-- Thomas Dua e, dity Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, BRENDA GREEN, Interim City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 12-60 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 4 day of September, 2012, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS: RIGHEIMER, LEECE, MENSINGER, MONAHAN I►us] ONI�1 y - IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 5th day of September, 2012. Wwwwal''90 , 1-.13:4211 1111211:011u m-I&I - M (SEAL) DEED 3782 EXHIBIT "A" LEGAL DESCRIPTION FOR VACATION OF RIGHT OF WAY APN 425-234-21 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 "C" 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 9.70 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 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 DECEMBER 23, 1959 IN BOOK 5028, PAGE 479, OF OFFICIAL RECORDS. SEE EXHIBIT `B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. PREPARED BY ME OR UNDER MY DIRECTION ((=�'o ti' SPS tu Luj L 'T R.C. .25083 J EXHIBIT "B" SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOR VACATION OF RIGHT-OF-WAY A.P.N. 425-234-21 H w w tY 45.3'U) I ( W'LY 5.00' OF RIGHT-OF-WAY PER EASEMENT DEED RECORDED 0 NOV. 23, 1927 PER BK. 101, 4j PG. 172 O.R. TO REMAIN N50'11'45"W 130.00' I y� 115.30' 1 >Jin Io 0 NO 0 n 0 Lh 17 DEED NO. 3782 0 W LOT 7 iU-) It 00 rn z 9.70 FEET OF EXISTING 60' RIGHT-OF-WAY GRANTED TO THE CITY RIGHT-OF-WAY RECORDED NOV. OF COSTA MESA AS SUCCESSOR OF 23, 1927 PER BK. 101, PG. INTEREST FROM THE COUNTY OF ORANGE 172 O.R. TO BE VACATED. RECORDED MAY 13, 1926 IN BOOK 649, SCALE: 1 "=30' 209 OF DEEDS. CITY OF COSTA MESA JN: 11-1876 A.P.N. 425-234-21 164 FLOWER STREET DEED NO.: DRAWN BY: HB SCALE: AS SHOWN (o LOT 2 THIS IS NOT A SURVEY BUT IS COMPILED FROM EXISTING RECORDS � co z 130.00 w rn 91z R=20' LOT 1 T 41 N50'11'45"W 110.00' EASTERLY UNE PER STREET & HIGHWAY DEDICATION TO CITY OF -41 MESA BOOK 5028, PAGE 479, 479, REC. 12-23-1959 FLOWER STREET - 0 NO 0 n 0 Lh 17 DEED NO. 3782 0 W LOT 7 iU-) It 00 rn z 9.70 FEET OF EXISTING 60' RIGHT-OF-WAY GRANTED TO THE CITY RIGHT-OF-WAY RECORDED NOV. OF COSTA MESA AS SUCCESSOR OF 23, 1927 PER BK. 101, PG. INTEREST FROM THE COUNTY OF ORANGE 172 O.R. TO BE VACATED. RECORDED MAY 13, 1926 IN BOOK 649, SCALE: 1 "=30' 209 OF DEEDS. CITY OF COSTA MESA JN: 11-1876 A.P.N. 425-234-21 164 FLOWER STREET DEED NO.: DRAWN BY: HB SCALE: AS SHOWN DATE: 04/24/12 THIS IS NOT A SURVEY BUT IS COMPILED FROM EXISTING RECORDS