HomeMy WebLinkAbout15-47 - Vacation of Flowage Easement at 970 W. 16th St.RESOLUTION NO. 15-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, ORDERING THE VACATION OF FLOWAGE EASEMENT AT 970
WEST 16TH 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 21sT day of
July, 2015, adopt Resolution No. 15-40, entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS
INTENTION TO ORDER THE VACATION OF FLOWAGE EASEMENT AT 970 WEST
16TH 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 1st day of September, 2015, 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 1 st day of September, 2015; and
WHEREAS, the original 1962 dedication was to facilitate overflow storm drain
runoff. The purpose of this vacation is to vacate the flowage easement area not required
based on the future storm drain improvements and to vacate the easement land to the
Resolution No. 15-47 Page 1 of 3
underlying fee owner. The vacation will benefit the neighborhood with the new drainage
improvements.
The easement being vacated will not be useful as a Flowage Easement. It is
unnecessary 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 flowage easement is unnecessary for
present or future drainage purposes;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA
DOES ORDER AND RESOLVE AS FOLLOWS:
1. That the hereinafter described flowage easement is unnecessary for
present or prospective drainage 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 1 st day of September, 2015.
Stephen
ATTEST:
, Mayor
APPROVED AS TO FORM:
'&MG�0- 41
Brenda Green, Ci Clerk Thomas Duarte, CKAtforney
Resolution No. 15-47 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. 15-47 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 September, 2015, by the following roll call vote, to wit:
AYES:
COUNCIL MEMBERS:
Foley, Genis, Monahan, Righeimer, Mensinger
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 September, 2015.
Brenda Green, Ci Clerk
(SEAL)
Resolution No. 15-47 Page 3 of 3
Ehi'tlpl i
LEGAL DESCRIPTION
PORTION OF FLOWAGE EASEMENT VACATION
BEING THE EASTERLY 250 FEET OF LOT 1111 IN THE CITY OF COSTA MESA, COUNTY OF ORANGE, STATE OF
CALIFORNIA, PER THE NEWPORT MESA TRACT, FILED IN BOOK 5 PAGE 1 OF MISCELLANEOUS MAPS IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
EXCEPTING THEREFROM THE SOUTHERLY 60.00 FEET OF SAID LOT 1111.
ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL 2 PER MAP FILED IN BOOK 101, PAGES 26 &
27, OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
CONTAINING 12,437 SQUARE FEET, MORE OR LESS.
MORE PARTICULARLY SHOWN ON EXHIBIT "B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF,
SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RIGHT—OF—WAY AND EASEMENTS OF RECORD, IF ANY.
PREPARED BY OR UNDER THE DIRECTION OF:
EDWARD L. REYNOLDS LS 7725
LICENSE EXPIRES 12{/31/15
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SKETCH TO ACCOMPANY LEGAL DESCRIPTION
PORTION OF FLOWAGE EASEMENT VACATION
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POR. BOOK 6102,
PAGE 658 O.R.
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