HomeMy WebLinkAbout40 - PH-1 - Attachment 1 - 4/15/2014ATTACHMENTI
RESOLUTION NO, 14-
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 1854 FULLERTON AVENUE
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 18th day of
March, 2014, adopt Resolution No. 14-16, 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 1854 FULLERTON AVENUE; 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 15th day of April, 2014, 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 15th day of April, 2014; and
WHEREAS, the original 1927 dedication is in excess of the final alignment of
Fullerton Avenue 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 portion of the street being vacated is not useful as a
r'
non -motorized 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 15th day of April, 2014.
ATTEST:
BRENDA GREEN, City Clerk
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
JIM RIGHEIMER, 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. 14- was duly and regularly passed
and adopted by the said City Council at a regular meeting thereof held on the 15th day
of April, 2014, by the following roll call vote:
AYES:
NOES:
1�
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
the City of Costa Mesa this 161" day of April, 2014,
BRENDA GREEN, City Clerk
5
DEED NO. 3 805
EXHIBIT "A"
LEGAL DESCRIPTION FOR VACATION OF RIGHT OF WAY
A.P.N. 425-233-19
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 LOT 4 OF BLOCK
"B" OF TRACT NO. 377, RECORDED IN BOOK 16, PAGE 16 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THE SOUTHEASTERLY 8.70 FEET OF THE 14.70 FEET, LYING ADJACENT TO AND
SOUTHEASTERLY OF THE SOUTHEASTERLY RIGHT OF WAY LINE OF FULLERTON
AVENUE, AS SHOWN ON A MAP OF TRACT NO. 377, SAID STRIP OF LAND BEING
BOUNDED NORTHEASTERLY BY THE NORTHEASTERLY LINE OF SAID LOT 4, AND
BOUNDED SOUTHIVESTERLY BY - EE SOU HWES T ERLY LINE OF SAID LOT 4.
SEE EXHIBIT "B" ATTACHED HERETO, BY THIS REFERENCE MADE A PART OF.
PREPARED BY ME OR UNDER MY DIRECTION
LOREN K. TOOMEY, P.L.S. 4459 J'
No. 4459
v�
OF CALIF
0
DEED NO. 38.05
L-. /\ H 11Q 1 99 B 99
S h-r_T "H ACCiy},p h -r LiGrr u^yES
-��Vy'-D,
A
VACATION OF RIGHT OF WAY
A.P.N. 4-25-333-19
LOT 5
0
o I PUBLIC RIGHT OF WAY PER
40.3'
r f EASEMENT DEED RECORDED NOV. 23, p
rri I 5.0' —* I L - 1927 PER BK. 101, PG. 172, O.R. o
>� 14.7'
a
v z
1\150'11'45"W 130.00'
z co 115.3'0'
F w z 3
Of l i Ln
o ? ~ a- /I O� P G� 31� o
L w w v O OFz� ��O �O o co
a° ` -) cJ� � LOT 4 PGS 11� 0 d
z z z M
CD o 1�g ��, z
w
� w 115.30' �--- 40.3'
N50'11'45"W 130.00, —
oLOT 3
6.0'
O
3 � o
u V)0I ol
55�
11
n SE'LY RIGHT OF WAY LINE OF
FULLERTON AVE. PER TRACT NO, 377
m —L
m
z
CL. BROADWAY _ (HARPER ST.)
60' WIDE
SCALE 1 =30' 8.70 FEET OF EXISTING RIGHT OF WAY
RECORDED NOV. 23, 1927 PER BK. 101,
0 30 PG. 172, O.R. TO BE VACATED.
CITY OF COSTA I'VIIESA
A.P.N. 425-233-19 DEED NO.3805 DRAWN BY: LKT
1854 FULLERTON AVE. SCALE: AS SHOWN I DATE: DEC. 5, 2013
THIS IS NOT A SURVEY BUT IS COMPILED FROM EXISTING RECORDS