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HomeMy WebLinkAbout- PH-1 - Vacation Portion Fullerton Ave 164Flower - 10/16/2012CITY COUNCIL AGENDA REPORT MEETING DATE: OCTOBER 16, 2012 ITEM NUMBER: PH -1 SUBJECT: PUBLIC HEARING FOR THE VACATION OF A PORTION OF FULLERTON AVENUE RIGHT-OF-WAY AT 164 FLOWER STREET DATE: OCTOBER 4, 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: There is no fiscal impact relative to this item. 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. e � ' ERNEST NOZ FARIBA FAZELI ZOF Public a ces 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 2nd day of October, 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 16th 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 for new improvements. 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 16th 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 16th 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 17th day of October, 2012. BRENDA GREEN, Interim City Clerk 3 DE 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_ LAND. 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 c� a 4L4.UR3 ,4 ., DEED NO. 3782 EXHIBIT "B" SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOR VACATION OF RIGHT-OF-WAY A.P.N. 425-234-21 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 I W'LY 5.00' OF RIGHT-OF-WAY 1 I PER EASEMENT DEED RECORDED NOV. 23, 1927 PER BK. 101, PG. 172 O.R. TO REMAIN w N50'11'45"W 130.00' w I ' .� 115.30' I 5, tn 45.3' z LOT 2 o or-- LOT 7 u' Ib 1 co 0 .� �i � d J J u co � t - LL co �y -V 130.00'Al Z Gi z R=20' LOT 1 0 N5011'45"W 110.00' EASTERLY LINE PER STREET & HIGHWAY DEDICATION TO CITY OF COSTA MESA BOOK 5028, PAGE 479, REC. 12-23-1959 co FLOWER STREET* 0 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 rr SCALE: 1 =30 172 O.R. TO BE VACATED. RECORDED MAY 13, 1926 IN BOOK 649, 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. ,ADOPTED AS INSTRUMENT NO. OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER, ORANGE COUNTY, CALIFORNIA, ATTACHED HERETO AND BY THIS 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 6 �.I I rb � ' I EXISTING I SINGLE -STORY 9509 TC RESIDENCE \) t 9460FL 1 ---.-.-.-.r-.-.-.. _.. �--•-�-.-- -r--•-r-�•-..-.- � ro � �r r 9` 5� 4 95. Z5 N49212rW 130.0 96.22 62.00' Y 5.0' EX ROAD EASEMENT _ 63.01' ` � TO REMAIN AJ 5 9.7' EX-ROADE-AS€M TD' BE VACATED I 1 I Ij 9548 uj(95.48) �� y I \ j 96.36 I $I � I I l 1 36 \ TC 94 70 FL 16 WER ST. A , i W y j T I 164 FLOWER ST. 3 EXISTING TEL 1 PARCEL 2 - n \ SINGLE -STORY RESIDENCE Q PAD = 96.9 � I I PAD = 97.0 -- 403 .�..r Irl it I ( I ( l 1 130.0p N49 23"W 130.0 ' � I TO BE DEDICATED PER PARCEL MAP l � 96.13 1 J 95.629 5.36 TC 3} \� I 61.38' I- -- - - - - 94.89 FL 6301' - PARCEL A �\ i PARCEL A as � ND901'' LL 'I L 95.89 1 EX. ROAD EASEMENT i0 PER TITLE REPORT PREPARED BY FIRST AAflLCAN TITLE INSURANCE ! - BE DEDICATED PER --_-- ON PARCEL MAP g5 70 T ` 95.64 TC 95.17 FL A AN EASEMENT FOR PUBLIC HIGHWAY AND ` PURPOSES IN FAVOR OF THE CITY OF S COSTA MESA RECORDED NOVEMBER 23. 1927 IN / I I � ` AN EASEMENT FOR STREET. HIGHWAY AND I:ACIDENiALL I L 1 RECORDED DECEMBER 23. 1959 IN BOOK 5028. PAGE 479 OF OFFICIAL RECORDS. 95.42 � ( i l " N4971'23'W FLOWER (0.145) 95.78 TC _ 95.28 FL 11 95.79 TC 95.33 FL 95.69 JJ l J - STREET J" J JJJJ EXISTING EASEMENTS PER TITLE REPORT PREPARED BY FIRST AAflLCAN TITLE INSURANCE COMPANY, ORDER NO. 3947735. DATED JANUARY 13. 22012 SYMBOL. _. ON DESCRIPTION PLAN 2STORY BUBDING IL ATTACHED 2LAR GARAGE A AN EASEMENT FOR PUBLIC HIGHWAY AND OINCIDENTAL. PURPOSES IN FAVOR OF THE CITY OF S COSTA MESA RECORDED NOVEMBER 23. 1927 IN / I BOOK 101. PAGE 172 OF OFFICML RECORDS. ^� AN EASEMENT FOR STREET. HIGHWAY AND I:ACIDENiALL ©PURPOSES IN FAVOR OF THE CITY OF COSTA MESA 1 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 2 -STORY BUB.DINGSATTACH(EO 2-CARGARAGE 2 2. PROPOSED ZONING R2 2STORY BUBDING IL ATTACHED 2LAR GARAGE A 3. PROPOSED LAND USE: SMALL -LOT CONFIGURATION COMMON 4. AREA IS NOT SUBJECT TO OVERFLOW OR FLOOD HAZARD; S ZONE "X", FIRM MAP 06059CO269J, DECEMBER 3, 2009 / I RIGHT OF WAY ^� TOP OF CURB PARCEL SUMMARY WATER 1 ( i l ( 1 ) t LOT COVERAGES 1 PARCEL t j ( ' J ��./ \ STRUCTURE: 1,563 SO. FT. 41.9% i PORCH: 141 SO. FT. 3.8% L DRIVEWAY: 144 SO. FT. 3.9% \ OPEN SPACE: 1,882 SO. FT. 50.4% t TOTAL- 3,730 SO. FT. 100% ) � PARCEL 2 STRUCTURE: 1,563 SO. FT. 41.2% L PORCH: 141 SO. FT. 3.7% 1 A DRIVEWAY: 144 SO. FT. 3.8% 1 \ OPEN SPACE: 1,943 SO. FT. 51.3% 1 TOTAL- 3,611 SO. FT. 100% j l PARCEL A (COMMON 1.077 DRIVEWAY: 160 SO. FT. 13.7% ) OPEN SPACE 1,007 SO. FT. 86.3% ) TOTAL- 1,167 S0. FT. 100% LEGEND - - -�- - - CENTER UNE - - - EXISTING P/L - - PROPOSED BOUNDARY - - - PROPOSED P/L - - - - - - - EXISTING EASEMENT - - - - - EXISTING SEWER UNE - - - - -y a - - - EXISTING WATER UNE EXISTING FIRE HYDRANT Nf EXISTING POWER POLES - EXISTING WATER METER PROPOSED WATER METER - PROPOSED SEWER LATERAL EXISTING CURB h GUTTER __ PROPOSED CURB 6• GUTTER PARCEL PARCEL AREA DESCRIPTION 1 3,730 S.F.=0.088 AC 2 -STORY BUB.DINGSATTACH(EO 2-CARGARAGE 2 3,791 S.F.S.F.=0.087 AC 2STORY BUBDING IL ATTACHED 2LAR GARAGE A 1,167 S.F.=0.027 AC COMMON PROPERTY UNE S LOT D PROPOSED CONCRETE WALK - - ABBREVIATION EX. EXISTING FL FLOW UNE FG FINISH GRADE FS FINISH SURFACE PA PROPERTY UNE S SEWER R/W RIGHT OF WAY Ia -5' d 10• 20' TC TOP OF CURB W WATER GRAPHIC SCALE: 1'=f0' Attachment 3 M" T"M OWNER/SUBDIVIDER SAM -COSTA MESA, LLC 1401 QUAIL STREET, #100 NEWPORT BEACH, CA 92660 CONTACT: RAY DORAME, VP OF OPERATIONS PHONE: 949252.1122 PLANS PREPARED BY: ADAMS STREETER CIVIL ENGINEERS, INC. 15 CM WW Pr*, 91kr, CA 92009 Pk%9.474.2330 F.S" 474 -MM LEGAL DESCRIPTION LOT 1 AND 2 IN BLOCK 'C' OF TRACT N0, 377• IN THE CITY OF COSTA MESA, COUNTY OF ORANGE. STATE OF CAUFORNIA, 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 2D9 OF DEEDS. ASSESSOR PARCEL NUMBER APN: 425-234-21 BENCHMARK O.C.S. BENCHMARK GPS 11533; FOUND BENCH MARK STAMPED WITH 3 -" 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 CPS NO. 1533, BEING SOUTH 8739'45" WEST PER RECORDS ON FILE IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR. PROJECT ADDRESS 164 FLOWER STREET. COSTA MESO CALIFORNIA 92627 I1 I3A' TD llf 250UD1-w: mom Wl.VI0NT0 m FKM FAI%7" 4.25.12 THIS MAP WAS PREPARED UNDER THE SUPERVISION OF: TENTATIVE PARCEL 1 OF MAP NO. 2011-124 1 � NS x f IAI//IA/ 6/6/2012 J} CIVIL ��a NICHOLAS A STREETER DATE CN7F RCE 70862 EXP. 06/30/13 PLAN PREPARATION DATE MARCH 26, 2012 J.N. 11-1876 CITY OF COSTA MESA SHEET TENTATIVE PARCEL 1 OF MAP NO. 2011-124 1 Attachment 4 RESOLUTION NO. PC -12- l;' 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 Secretary, Costa esa Planning Commission r 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 flaws. 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. Eric R. Bever, Mayor ATTEST: &Ad& Brenda Green, Interim City Clerk APPROVED AS TO FORM: Thomas D a , Ci Attomey 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 3�d day of July, 2012, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: BEVER, RIGHEIMER, LEECE, MENSINGER, MONAHAN 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 5th day of July, 2012. (SEAL) &IJA 1:C�= BRENDA GREENU INTERIM CITY CLERK 3 D6 E D 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 R &ALOglNdEtTO, .VC.. 25083 # (3 14 DEED NO. 3782 EXHIBIT "B" SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOR VACATION OF RIGHT-OF-WAY A.P.N. 425-234-21 CITY OF COSTA MESA A.P.N. 425-234-21 DEED NO.: DRAWN BY: HB 164 FLOWER STREETSCALE: AS SHOWN DATE: 04/24/12 :]THIS IS NOT A SURVEY BUT IS COMPILED FROM EXISTING RECORDS I %YLY 5.00' OF RIGHT-OF-WAY I I PER EASEMENT DEED RECORDED 0 NOV. 23, 1927 PER BK. 101, I I PG. 172 O.R. TO REMAIN I W N50'11'45"W 130.00' u 115.30' I , 45.3'c Z LOT 2 "oo o^ o cipi LOT 7 uiI00 130.00' z u- v z R=20' . C1 LOT 1 o N N5011'45"W 110.00' EASTERLY LINE PER STREET & HIGHWAY DEDICATION TO CITY OF COSTA MESA BOOK 502$ PAGE 479, REC. 12-23-1959 o co _ FLOWER STREET* 0 M I 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 SCALE: 1"=30' 172 O.R. TO BE VACATED. RECORDED MAY 13, 1926 IN BOOK 649, 209 OF DEEDS. JN: 11-187 CITY OF COSTA MESA A.P.N. 425-234-21 DEED NO.: DRAWN BY: HB 164 FLOWER STREETSCALE: AS SHOWN DATE: 04/24/12 :]THIS IS NOT A SURVEY BUT IS COMPILED FROM EXISTING RECORDS 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 2"d .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 4t' day of September, 2012. ATTEST: Brenda Green, Interim City Clerk Eric R. Bever, Mayor APPROVED AS TO FORM: s Thomas Dua e, dityAttomey 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: RIGHEIMER, LEECE, MENSINGER, MONAHAN NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: BEVER IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 5t' -day of September, 2012. &" J 0 - CA(- U� BRENDA GRE , INTERIM CITY CLERK (SEAL) DEE D 378 EXHIBIT °GA" 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 co a. MOt 4ALL."TR-C.3 A Up � DEED NO. 3782 EXHIBIT "B" SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOR VACATION OF RIGHT-OF-WAY A.P.N. 425-234-21 JN: 11-1876 CITY OF COSTA MESA . A.P.N. 425-234-21 DEED NO.: t DRAWN BY: HB 164 FLOWER STREET SCALE: AS SHOWN I DATE: 04/24/12 THIS IS NOT A SURVEY BUT IS COMPILED FROM EXISTING RECORDS I W'LY 5.00' OF RIGHT-OF-WAY I i I PER EASEMENT DEED RECORDED 0 NOV. 23, 1927 PER BK. 101, PG. 172 O.R. TO REMAIN �o LOT 3- I N5011'45"W 130.00' w I �L 115.30' l 5' 45.3' z LOT 2 o o^ Lo 7 I . wU-) w 001 IZn �; ,� cn y :Lo r 00 I00 Z �4 130.00' �? u- C3� z R=20' z LOT 1 0 ' N N50'11'45"W 110.00' EASTERLY LINE PER STREET & HIGHWAY DEDICATION TO CITY OFcl COSTA MESA BOOK 5028, PAG: 479, REC. 12-23-1959 o FLOWER STREET* 0 M 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.: t DRAWN BY: HB 164 FLOWER STREET SCALE: AS SHOWN I DATE: 04/24/12 THIS IS NOT A SURVEY BUT IS COMPILED FROM EXISTING RECORDS