HomeMy WebLinkAbout15 - PH-1 - PH for Vacation of Portion of Fullerton - 8/7/2012CITY COUNCIL AGENDA REPORT
MEETING DATE: AUGUST 7, 2012 ITEM NUMBER:
SUBJECT: PUBLIC HEARING FOR THE VACATION OF A PORTION OF FULLERTON AVENUE
RIGHT-OF-WAY AT 164 FLOWER STREET
DATE: JULY 26, 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
(ROW) at 164 Flower Street (Attachment 1).
2. Authorize execution of the Quitclaim Deed by the Mayor and Interim 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 properties 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
Currently, there are no overhead power lines or underground utilities located within this portion
of the public right-of-way and therefore, a reservation for a utility easement is not required. The
excess right-of-way has been reviewed by the Engineering and Transportation Services
Divisions who have determined that this portion of Fullerton Avenue is not necessary for Public
Street and highway purposes. Therefore, it is recommended the proposed vacation continue to
be processed and forwarded to the City Council for approval. After the proposed vacation is
approved and recorded, the subject vacated property will revert back to the owner of 164
Flower Street.
The Notice of Intention to Vacate Right -Of -Way was presented to the City Council at their regular
meeting of July 3, 2012. Resolution 12-45 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 CONSIDERED
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 Avenue in this area.
FISCAL REVIEW
There is no fiscal impact associated with this item.
LEGAL REVIEW
The City Attorney's Office has approved the attached resolution as to form.
CONCLUSION
Staff recommends the City Council adopt the Resolution ordering the vacation of a portion of
Fullerton Avenue excess right-of-way at 164 Flower Street. In addition, staff recommends the
City Council authorize execution of the Quitclaim Deed by the Mayor and Interim City Clerk.
ERNEST16,WUNOZ FARIBA FAZEL
Public S ices Director Interim City Engineer
Attachments: 1 — Resolution Ordering the Vacation of Excess Right -Of -Way
2— Quit Claim Deed
3 — Tentative Parcel Map
4 — Resolution PC -12-15
5 — Resolution 12-45
Distribution: Chief Executive Officer
Assistant CEO
City Attorney
City Clerk Division
2
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 3�d day of July,
2012, adopt Resolution No. 12-45, 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 7th day of August, 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 7th day of August, 2012; and
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 7" day of August, 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 7th day of
August, 2012, by the following roll call vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
the City of Costa Mesa this 8t" day of August, 2012.
BRENDA GREEN, Interim City Clerk
2
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
N: 11-1876 1
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 FROMEXISTING RECORDS
I
I
W%LY 5.00 OF RIGHT-OF-WAY
I
I PER EASEMENT DEED RECORDED C�
NOV. 23, 1927 PER BK. 101,
I
I PG. 172 O.R. TO REMAIN
Lir 3 �
N
E--
N50'11'45"W 130.00'
w
I
�, 115.30'
F-
5'
45.3'c
Z
LOT 2 c
o
C)
o
W Lar 7
I
LO
w
'
--F
130.00'
z
LL
J
z
R=20'
r;,
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
b
(p 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.
N: 11-1876 1
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 FROMEXISTING 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
Location: 164 Flower Street
QUITCLAIM DEED
ALTAQUWN—T 2
Deed No.: 3782
Exempt Recording Requested per
Government Code 6103
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
r�
� ' ,
L
?t
STREET DEDICATION:
ON
EXISTING
PLAN
SINGLE-STORY
2. PROPOSED ZONING R2
RESIDENCE
J
\
ti
3. PROPOSED LAND USE: SMALL -LOT CONFIGURATION
COSTA MESA RECORDED NOVEMBER 23, 1927 IN
TENTATIVE PARCEL MAP 2011-144
IN THE CITY OF COSTA MESA, COUNTY OF ORANGE
STATE OF CALIFORNIA
STREET
1\
<' 96.36
96,35
� ' ,
COMPANY. ORDER ND. 3947735. DATED JAMM 13, 2012
?t
STREET DEDICATION:
ON
EXISTING
PLAN
SINGLE-STORY
2. PROPOSED ZONING R2
RESIDENCE
J
\
ti
3. PROPOSED LAND USE: SMALL -LOT CONFIGURATION
COSTA MESA RECORDED NOVEMBER 23, 1927 IN
CITY OF COSTA MESA
BOOK 101, PAGE 172 OF OFFICIAL RECORDS.
AN EASEMENT FOR STREET. HIGHWAY AND INCIDENTAL.
OPURPOSES
l 96.17
T
'96.73
PAGE 479 OF OFFICIAL RECORDS.
1
1
i
3
5.89 1
FS
JJ
J
— LX S -0--
EXISTING EASEMENTS
PER W REPORT PREPARED BY FIFST AMERICAN WE INSURANCE
COMPANY. ORDER ND. 3947735. DATED JAMM 13, 2012
SYMBOL
STREET DEDICATION:
ON
DESCRIPTION
PLAN
2 -STORY BUILDING &ATTACHED
2 -CAR GARAGE
2. PROPOSED ZONING R2
AN EASEMENT FOR PUBLIC HIGHWAY AND
OINCIDENTAL
PURPOSES IN FAVOR OF THE CITY OF
3. PROPOSED LAND USE: SMALL -LOT CONFIGURATION
COSTA MESA RECORDED NOVEMBER 23, 1927 IN
CITY OF COSTA MESA
BOOK 101, PAGE 172 OF OFFICIAL RECORDS.
AN EASEMENT FOR STREET. HIGHWAY AND INCIDENTAL.
OPURPOSES
IN FAVOR OF THE CITY OF COSTA MESA
RECORDED DECEMBER 23, 1959 IN BOOK 5028,
OF
PAGE 479 OF OFFICIAL RECORDS.
AREA
GENERAL NOTES
NET AREA:
9,123 SF 0.209 AC
STREET DEDICATION:
434 SF 0.009 AC
GROSS AREA:
8,689 SF = 0.200 AC
-17 -5, d ,d 20'
GRAPHIC SCALE: 1'=10'
PROPOSED CONCRETE WALK
ABBREVIATION
EX. EXISTING
FL FLOW UNE
FG FINISH GRADE
FS FINISH SURFACE
P/L PROPERTY LINE
S SEWER
R/W RIGHT OF WAY
TC TOP OF CURB
W WATER
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.
15 Cwpafd. P.rk, k*% CA 9280E
M44"743250 F-949.4744251
LEGAL DESCRIPTION
LOT 1 AND 2 IN BLOCK 'C' OF TRACT NO. 377, IN THE CIN 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
ALUM. DISK IN 4 FT. BY 8 FT. CATCH MIN.
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 8739'45' WEST PER RECORDS ON FILE IN THE OFFICE OF
THE GRANGE COUNTY SURVEYOR.
PROJECT ADDRESS
164 ROWER STREET, COSTA MESA, CALIFORNIA 92627
REVISIONS:
1 13ff TO ANE L
NE SHM
THE z50UTi-FAST: FR<N90N VACA70 TION RW UEA�EMM 14.25.121
THIS MAP WAS PREPARED UNDER THE SUPERVISION OF:
GENERAL NOTES
CR
1
3,730 S.F. = 0.086 AC
1. EXISTING ZONING: R2
2
3,791 S.F. = 0.087 AC
2 -STORY BUILDING &ATTACHED
2 -CAR GARAGE
2. PROPOSED ZONING R2
1,167 S.F.=0.027 AC
COMMON
LOT
3. PROPOSED LAND USE: SMALL -LOT CONFIGURATION
J.N. 11-1876
CITY OF COSTA MESA
4. AREA IS NOT SU13JECT TO OVERFLOW OR FLOOD HAZARD;
ZONE 'X', FIRM MAP 06059CO269J, DECEMBER 3, 2009
TENTATIVE PARCEL
OF
PARCEL SUMMARY
?
1
?
t
PARCEL PARCEL AREA
DESIPTION
t
LOT COVERAGES
L
J
PARCEL 1
�� �-1
l
STRUCTURE: 1,563 SQ. FT.
41.9%
t
PORCH: 141 SQ. FT.
3.8%
DRIVEWAY: 144 SQ. FT.
3.9% 1
OPEN SPACE 1,882 SQ. FT.
50.4%
TOTAL' 3.730 SQ. FT.
100%
PARCEL 2
}
i
)
STRUCTURE: 1,563 SQ. FT.
41.2% 1
PORCH: 141 SQ. FT.
3.7%
DRIVEWAY: 144 SQ. FT.
3.8%
OPEN SPACE 1,943 SQ. FT.
51.3%
TOTAL: 3,611 SQ. FT.
100% 4
j
L
PARCEL A (COMMON LOT)
DRIVEWAY: 160 SQ. FT.
13.7%
OPEN SPACE 1,007 SQ. FT.
86.3%
\
TOTAL 1,167 SQ. FT.
,}
100% )j
LEGEND
— - - - —
CENTER UNE'
— - -
EXISTING P/L
— - -
PROPOSED BOUNDARY
— - -
PROPOSED P/L
- - - - - - - -
EXISTING EASEMENT
EXISTING SEWER LINE
----L, Vi----
EXISTING WATER UNE
EXISTING FIRE HYDRANT
EXISTING POWER POLES
EXISTING WATER METER
0
PROPOSED WATER METER
p.
PROPOSED SEWER LATERAL
- - - -
EXISTING CURB & GUTTER
PROPOSED CURB & GUTTER
-17 -5, d ,d 20'
GRAPHIC SCALE: 1'=10'
PROPOSED CONCRETE WALK
ABBREVIATION
EX. EXISTING
FL FLOW UNE
FG FINISH GRADE
FS FINISH SURFACE
P/L PROPERTY LINE
S SEWER
R/W RIGHT OF WAY
TC TOP OF CURB
W WATER
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.
15 Cwpafd. P.rk, k*% CA 9280E
M44"743250 F-949.4744251
LEGAL DESCRIPTION
LOT 1 AND 2 IN BLOCK 'C' OF TRACT NO. 377, IN THE CIN 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
ALUM. DISK IN 4 FT. BY 8 FT. CATCH MIN.
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 8739'45' WEST PER RECORDS ON FILE IN THE OFFICE OF
THE GRANGE COUNTY SURVEYOR.
PROJECT ADDRESS
164 ROWER STREET, COSTA MESA, CALIFORNIA 92627
REVISIONS:
1 13ff TO ANE L
NE SHM
THE z50UTi-FAST: FR<N90N VACA70 TION RW UEA�EMM 14.25.121
THIS MAP WAS PREPARED UNDER THE SUPERVISION OF:
CR
1
3,730 S.F. = 0.086 AC
2 -STORY BUILDING &ATTACHED
2 -CAR GARAGE
2
3,791 S.F. = 0.087 AC
2 -STORY BUILDING &ATTACHED
2 -CAR GARAGE
A
1,167 S.F.=0.027 AC
COMMON
LOT
-17 -5, d ,d 20'
GRAPHIC SCALE: 1'=10'
PROPOSED CONCRETE WALK
ABBREVIATION
EX. EXISTING
FL FLOW UNE
FG FINISH GRADE
FS FINISH SURFACE
P/L PROPERTY LINE
S SEWER
R/W RIGHT OF WAY
TC TOP OF CURB
W WATER
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.
15 Cwpafd. P.rk, k*% CA 9280E
M44"743250 F-949.4744251
LEGAL DESCRIPTION
LOT 1 AND 2 IN BLOCK 'C' OF TRACT NO. 377, IN THE CIN 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
ALUM. DISK IN 4 FT. BY 8 FT. CATCH MIN.
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 8739'45' WEST PER RECORDS ON FILE IN THE OFFICE OF
THE GRANGE COUNTY SURVEYOR.
PROJECT ADDRESS
164 ROWER STREET, COSTA MESA, CALIFORNIA 92627
REVISIONS:
1 13ff TO ANE L
NE SHM
THE z50UTi-FAST: FR<N90N VACA70 TION RW UEA�EMM 14.25.121
THIS MAP WAS PREPARED UNDER THE SUPERVISION OF:
QiLIf
A. STgf�
AA
N
S�
W� NO a
z z IC
E8: "AD
e
x/6/2012
viv
NICHOLAS A STREETER DATE
OF Cw
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
ArAQ LENT 4
RESOLUTION NO. PC -12-16'
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, CostatWsa
Planning Commission
rA
AlT.Acw-Et�T 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 7th 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 3r' day of July, 2012.
Eric R. Bever, Mayor
ATTEST: APPROVED AS TO FORM:
Brenda Green Thomas DidaptV, CiAttorney
Interim City Clerk
2
STATE OF CALIFORNIA
COUNTY OF ORANGE ss
CITY OF COSTA MESA
1, 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 3Td 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
We] Z 1: 4
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)
ILI 11:1 111 1,Tj ff�fj I was] 4:4 V
"MURTIC
3
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
EXHIBIT "B"
SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOR
VACATION OF RIGHT-OF-WAY
A.P.N. 425-234-21
I I WLY 5.00' OF RIGHT-OF-WAY
PER EASEMENT DEED RECORDED
NOV. 23, 1927 PER BK. 101,
I PG. 172 O.R. TO REMAIN
L OT 3 �
N50'11'45"W 130.00'
115.30'
SCALE: 1"=30'
0
N
b
0
to
0
rn
DEED NO. 3782
I
0
W LOT 7
Lo
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,
209 OF DEEDS.
.W• 11-1R7
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 FROM EXISTING
LOT.2 �
O
wco
N
J
LL
130.00'
z
R=20'
�l LOT 1
N50'11'45"W 110.00'
A,
EASTERLY UNE PER STREET &
HIGHWAY DEDICATION TO CITY OF
COSTA MESA BOOK 5028, PAGE
479, REC. 12-23-1959
FLOWER STREET -
SCALE: 1"=30'
0
N
b
0
to
0
rn
DEED NO. 3782
I
0
W LOT 7
Lo
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,
209 OF DEEDS.
.W• 11-1R7
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 FROM EXISTING