Loading...
Reso 2021-942I RECORDING REQUESTED AND WHEN RECORDED MAIL TO: 2-412-ke Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder � IIII � i III III III NO FEE *iR!0011'30438081$ 2021000487337 11:27 am 08/02121 9RW11AR28 5 0.00 0.00 0.00 0.00 12.00 0.00 0.000.000.00 0.00 (Title of Document) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (ADDITIONAL RECORDING FEE APPLIES) Resolution No. 2021-942 A Resolution of the Costa Mesa Sanitary District Vacating and Quitclaiming a Sewer Easement Not Necessary for the Public Use Whereas, the property at 2454 Norse Avenue, Costa Mesa, California, is burdened with a sewer easement in favor of the Costa Mesa Sanitary District that was for sewer line purposes, as shown on Exhibit "A" attached hereto and incorporated hereat by this reference; Whereas, the sewer easement is not necessary for present or prospective use since the property is connected to the District's sewer trunk line in a different location; Whereas, Health and Safety Code Section 6514 provides that a sanitary district may dispose of real property as the Board finds is necessary or proper and is no longer required for the purposes of the District; and Whereas, Streets and Highways Code Section 8330 et seq. provides for a procedure to summarily vacate an easement that has been superseded by relocation and that has not been used for the purposes acquired for five years. Now, therefore, the Board of Directors does hereby FIND and DETERMINE as follows: 1. That the above recitals are true and correct. 2. That the sewer easement described herein has never been used for a sewer line and the property is served by connection to the District's system at another location. 3. That this vacation of sewer easement is made pursuant to Health and Safety Code section 6514 and the Board does hereby find that the sewer easement is no longer necessary or proper and is no longer required for the purposes of the District. 4. That this vacation is made summarily as the easement has never been used, and the sewer line has been located elsewhere. 5. That the President, Secretary, General Manager, District Clerk , District Engineer and District Counsel are authorized to take any additional action necessary to vacate this easement, including the execution of a quitclaim deed, if necessary, to effectuate the vacation. 6. That this resolution may be recorded after attestation by the District Clerk without certificate of acknowledgment or other proof and without the payment of a fee in the office of the county recorder, pursuant to Health and Safety Code Section 8336. 7. Upon recordation, the vacation is complete. PASSED AND ADOPTED by the Board of Directors of the Costa Mesa Sanitary District at a regular meeting held on the 28thday of June 2021. Robert Ooten President of the Board of Directors STATE OF CALIFORNIA) COUNTY OF ORANGE SS CITY OF COSTA MESA Arlene Schafer Secretary of the Board of irectors 1, Noelani Middenway, District Clerk of the Costa Mesa Sanitary District, hereby certify that the above and foregoing Resolution No. 2021-942, was duly and regularly passed and adopted by said Board of Directors at a regular meeting thereof held on the 28 th day of June 2021, by the following vote: o 0fm, S�hea�,r;AYES: �GKapa, PeXry( Fa4es NOES: NUq ABSENT: N00) ABSTAIN: Noa IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa Mesa Sanitary District, this 28 th day of June 2021. Exhibit 'A' EASEMENT VACATION LEGAL DESCRIPTION That portion of the easement and right-of-way conveyed to the Costa Mesa Sanitary District of Orange County, per Deed recorded January 16th, 1957, in Book 3772, page 405, of Official Records, located within Lot 2 of Tract No. 4245, in the City of Costa Mesa, County of Orange, State of California, as per Map recorded in Book 151, pages 1 and 2, of Miscellaneous Maps in the Office of the Recorder of said County, more particularly described as follows: A strip of land six feet in width being three feet on both sides of and adjoining the following described line: Commencing at the most westerly corner of said Lot 2, thence North 39048'58" East 39.78 feet along the northwesterly line of said Lot 2 to the beginning of a 20.00 foot radius curve concave southerly; thence, northeasterly along said curve, through an angle of 5037'35", a distance of 1.96 feet to the True Point of Beginning (TPOB); thence South 42°14'19" East 95.84 feet to a point on the southeasterly line of said Lot 2 located 23.32 feet from the most southerly corner of said Lot 2. The sidelines of said strip of land to be extended or shortened to terminate at the northwesterly and southeasterly lines of Said Lot 2. PREPARED BY: ROBIN B. HAMERS & ASSOCIATES, INC. L LgND 234 E. 17TH STREET, SUITE 205 L COSTA MESA, CA 92627 0 a LS 5649 6/4/21 MICHAEL BENS -MT, LS 5649 DATE of CaLX-° I Costa Mesa Sanitary District I Sewer Easement Vacation Drawn By: MLB Date: 4 June 2021 Lot 2, Tract No. 4245, M.M. 151/1-2 411 Exhibit 'B' EASEMENT VACATION PLAT The bearings and distances shown hereon are based on Tract No. 4245, recorded in Book 151, s pages 1 and 2, of Miscellaneous Maps, in the office of the County Recorder of Orange County, California. Scale: 1 "=30' -- I --- ICL Norse Street 0=5°37'35 d R=20.00' % T.P.O.B. L=1.96' N390 48' 58"E 39.78' 3' 3' C.L. 6' SEWER EASEMENT PER DEED RECORDED 1/16/1957 IN ' BOOK 3772, PAGE 405, O.R. 41 1 ' 25 ti ti°00 d- i ° °"` ' O 6 SEWER EASEMENT I TO BE VACATED Z G� 9� (J] �I O O I 4� �I N390 48' 58"E- — 23.32' PREPARED BY: ROBIN B. HAMERS & ASSOCIATES, INC. 234 E. 17TH STREET, SUITE 205 COSTA MESA, CA 92627 /J MICHAEL 5649 6/4/21 DATE Costa Mesa Sanitary District Sewer Easement Vacation Drawn By: MLB Date: 4 June 2021 Lot 2, Tract No. 4245, M.M. 151/1-2 Short Form Commitment ORDER NO: O-SA-5626762 (Rev 6/12) LENDER REF: Exhibit "A" Real property in the City of Costa Mesa, County of Orange, State of California, described as follows: LOT 2 OF TRACT 4245, IN THE CITY OF COSTA MESA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 151, PAGES 1 AND 21 OF MISCELLANOUS MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY. APN #: 119-101-31 Page 5