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HomeMy WebLinkAbout- PH-2 - Attachment 1 - 7/15/2014ATTACHMENT 1 RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ORDERING THE VACATION OF A PORTION OF SUPERIOR AVENUE RIGHT-OF-WAY AT 1677 SUPERIOR 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 17th day of June, 2014, adopt Resolution No. 14-34, 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 1677 SUPERIOR 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 July, 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 July, 2014; and WHEREAS, the original 1963 dedication is in excess of the final alignment of Fullerton Avenue which was established in 2005. The purpose of this vacation is based V" 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 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 15th day of July, 2014. ATTEST: BRENDA GREEN, City Clerk STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) JAMES M. 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 July, 2014, by the following roll call vote: z AYES: NOES: ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Costa Mesa this 16th day of July, 2014. BRENDA GREEN, City Clerk 3 EXHIBIT "A" City of Costa Mesa Street Abandonment That certain parcel of land situated in the City of Costa Mesa, County of Orange, State of California, as described in an Easement Deed to the City of Costa Mesa recorded August 21, 1963 in Book 6684, Pages 133 through 135, inclusive, of Official Records of said county lying within Lot 409 per map entitled 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: Beginning at the southeast corner of Parcel 1 per Lot Line Adjustment No. LL -06-02 recorded January 17, 2007 as Instrument No. 2007000032197 of Official Records of said county; Thence along the southeasterly Lineofsaid Parcel 1 North 40°38'10" East, a distance of 186.01 feet to the beginning of a curve, concave westerly, having a radius of 25.00 feet; Thence northerly along said curve a distance of 32.87 feet through a Central Angle of 75°19'27" to a point of cusp, said point being on a non -tangent curve, concave westerly, having a radius of 20.00 feet, a radial of said curve from said point bears South 14°57'29" West; Thence southerly along said curve a distance of 40.38 feet, through a Central Angle of 115°40'41"; Thence parallel with said southeasterly Line South 40°38'10" West, a distance of 183,69 feet to a point on the easterly prolongation of the southerly Line of said Parcel 1; Thence along said Line North 89038'54" West, a distance of 13.11 feet to the Point of Beginning. Containing 2,142 square feet, more or less Subject to all Covenants, Conditions, Reservations, Restrictions, Rights -of -Way and Easements, if any. More particularly shown on Exhibit "B" attached hereto and by this reference made a part hereof. Prepared under the supervision of: L. Reynolds PLS No. 7725 Id 1 Date Page 1 of 1 so V F OLOS en3 LS x/25 M`w SKETCH TO ACCOMPANY LEGAL DESCRIPTION STREET ABANDONMENT 2007000032197 O.R. 17TH STREET _ O q N55�18�43"E(R� R=25' / N14'57'29"E(R) Rl20'� D=115'40'41" i ,ee, " ps�L5� d0� L=40.308' R�:. R/W PER BK 6684 PG 133 O.R. S. LINE INST. NO. 2007D00032197 O,R, NB9'38'54' 13,11' P.O.B. >� p 0 / SO, / / CITY OF COSTA MESA 311WIOT SUPERIOR EDGE WLE STREET ABANDONMENT V CONS ,[,TING, INC. REFERENCE DATE SHEET N0. CTM oma 4/8/ 14 LOM KAMM AM gt nYONG 29156 BUREANY PHONE (949) 916-M j, N, SCALE FOOTHE..L RANCH, CAL40RMA 92510 FAX (949) 916-.'1905 TWHX--023 1 "=40' of