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Home My WebLink AboutCC Res 6606 2015-10-26RESOLUTION NUMBER 6606 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH VACATING A PORTION OF FIRST STREET AT THE SOUTHWEST INTERSECTION OF MARINA DRIVE AS EXCESS STREET RIGHT OF WAY WHEREAS, pursuant to California Streets and Highways Code Sections 8300 et seq., the City may vacate an excess street right -of -way if the street is no longer ' required for present or prospective public use; and WHEREAS, the City Council of the City of Seal Beach ( "City Council ") hereby finds and determines that a portion of First Street, as depicted on the map attached hereto as Exhibit B and more particularly described on Exhibit A, is no longer needed for street purposes and will not be needed for such uses in the future; and WHEREAS, the City Council finds and determines, based upon the existing and approved uses of and adjacent to the subject portion of First Street to be vacated as analyzed in the previous certified Final Environmental Impact Report (FEIR), that the proposed vacation will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not, therefore, subject to the California Environmental Quality Act ( "CEQA ") pursuant to Section 15060 of the State CEQA Guidelines; and WHEREAS, pursuant to Section 65402 of the California Government Code, the City Council finds and determines that the location, purpose, and extent of the proposed vacation of a portion of First Street has been found by the Planning Commission of the City of Seal Beach to conform to the City's General Plan, and that said proposed street vacation conforms to the City's adopted General Plan. THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: SECTION 1. Pursuant to the applicable provisions of the Public Streets, Highways, and Service Easements Vacation Law found in the California Streets & Highways Code (commencing with Section 8300) and any applicable provision of the Seal Beach Municipal Code, that a portion of First Street as generally depicted on the map attached as Exhibit B and more particularly described in Exhibit A, is hereby vacated effective upon recordation of this Resolution in the Official Records of the County of Orange, State of California (the "Official Records "). SECTION 2. The City Clerk is hereby authorized and directed to cause a certified copy of this Resolution, attested by the City Clerk under seal, to be recorded without acknowledgment, certificate of acknowledgement, or further proof in the Official Records. SECTION 3. From and after the date a certified copy of this Resolution is recorded in the Official Records, that portion of First Street generally depicted on the map attached hereto as Exhibit B and more particularly described on Exhibit A shall no longer constitute a public street and shall be vacated. The property shall be vacated and returned to the fee owner pursuant to the existing settlement agreement between the owner and the City. PASSED, APPROVED, and ADOPTED by the Seal Beach City Council at a regular meeting held on the 26th day of October, 2015 by the following vote: AYES: Council Members: Deaton Sloan, Miller, Massa- Lavitt, Varipapa NOES: Council ABSENT: Council Members: ABSTAIN: Council Members: 7 Resolution Number 6606 Ilery Deafon, Mayor ATT T. G� Robin L. Roberts, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Robin Roberts, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6606 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 26`h day of October, 2015. SEA �C ATE& O J Robin L. Roberts, City Clerk ,�Qe 6Y SL t FtfByr u,.F Y� r APN Wg,, v`} Lot Zonhe � `w�� •� pi Al, q� g arf ?� tr' b ,� elf' f A /l t� ANz' Yam` i ��v f"• �.i ,w�wP k+� � Exhibit B ILEGAL DESCRIPTION FOR THE VACATION OF A PORTION OF FIRST STREET THAT PORTION OF FIRST STREET, A PUBLIC RIGHT OF WAY, IN THE CITY OF SEAL BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN FINAL ORDER OF CONDEMNATION RECORDED MARCH 23, 1977, IN BOOK 12115, PAGE 201, OFFICIAL RECORDS OF SAID COUNTY, MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF PARCEL 3 OF CERTIFICATE OF COMPLIANCE NO. 2009- 01, RECORDED MARCH 10, 2009, AS INSTRUMENT NO. 2009000109534, OFFICIAL RECORDS OF SAID COUNTY, SAID CORNER ALSO BEING AN ANGLE POINT IN THE NORTHWESTERLY LINE OF THAT LAND DESCRIBED IN SAID FINAL ORDER OF CONDEMNATION; THENCE NORTH 4 °04'51" WEST ALONG THE EASTERLY LINE OF SAID PARCEL 3 AND THE NORTHWESTERLY LINE OF THAT LAND DESCRIBED IN SAID FINAL ORDER OF CONDEMNATION, 29.50 FEET TO A POINT ON A LINE PARALLEL WITH AND 40.00 FEET SOUTHWESTERLY OF THE TANGENT OF THE CENTERLINE CURVE OF MARINA DRIVE AS SHOWN ON RECORD OF SURVEY NO. 2002 -1090, AS PER MAP RECORDED IN BOOK 193, PAGE 47 OF RECORDS OF SURVEY, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTH 43 °01'03" EAST ALONG SAID PARALLEL LINE, 40.15 FEET; THENCE SOUTH 5 °21'49" EAST, 30.54 FEET TO A POINT PARALLEL WITH AND 30.00 FEET NORTHWESTERLY OF THE CENTERLINE OF FIRST STREET AS SHOWN ON SAID CERTIFICATE OF COMPLIANCE NO. 2009 -01, SAID PARALLEL LINE ALSO BEING THE SOUTHEASTERLY LINE OF THAT LAND DESCRIBED IN SAID FINAL ORDER OF CONDEMNATION; THENCE SOUTH 32 °17'25" WEST ALONG SAID PARALLEL LINE AND SOUTHEASTERLY LINE OF THAT LAND DESCRIBED IN SAID FINAL 1 ORDER OF CONDEMNATION, 319.40 FEET TO A POINT BEING THE ANGLE POINT IN THE SOUTHEASTERLY LINE OF PARCEL 6 OF SAID CERTIFICATE OF COMPLIANCE NO. 2009 -01 AND THE MOST SOUTHERLY CORNER OF THAT LAND DESCRIBED IN SAID ORDER OF CONDEMNATION; THENCE NORTH 25 °22'45" EAST ALONG THE SOUTHEASTERLY LINES OF PARCELS 6, 1, AND 3 OF SAID CERTIFICATE OF COMPLIANCE AND THE NORTHWESTERLY LINE OF THAT LAND DESCRIBED IN SAID FINAL ORDER OF CONDEMNATION, 332.42 FEET TO THE POINT OF BEGINNING. THE LAND DESCRIBED HEREIN CONTAINS 7,145 SQUARE FEET, MORE OR LESS. -SEE EXHIBIT B ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. 1 0000 ti '�0 0�. QP��Q�`P10Ic X0°'0 / F, OF G F� .5000000 / N04'04'51 "W 29.50' PARCEL 3 P.O.B. CERTIFICATE OF COMPLIANCE NO. 2009 -01 \ RECORDED 3/10/09 AS \ INSTRUMENT NO. 2009000109534, O.R. / �cATF p \ /NSrR�MFNl OFC, "Ce \ \ \ 0 2p� �c X09 3� 2009-01 nF /� f�GTi��FOo T 9 1OOFD i!9 E OOp 09 �'O ,p9 9f cp Shy 129 OP PREPARED IN THE OFFICE OF. Case Land Surveying, Inc. Surveying Mapping GPS Services 814 Eckhot} St. Orange, CA. 92888 Tel (714) 028 -8948 Fax (714) 828 -8905 11 C /JL S05'21'49' E \ 30.54' 9\ �Np 'q NOF" es, �2� 19Tj 6Fp �FCF00 ` 3iR9R oF� I 4--1 10-15-15 LAA RY CASE, LS 5411 DATE EXHIBIT B SCALE PLAT FOR THE VACATION OF A PORTION OF FIRST STREET 1 ° =60' BEING A PORTION OF THAT LAND DESCRIBED FINAL ORDER OF CONDEMNATION RECORDED MARCH 23, 199 77, IN BOOK 12115, PAGE 201, OFFICIAL RECORDS OF ORANGE COUNTY 1 C