RESOLUTION NO. 2022-XX X
DECLARING INTENTION TO ABANDON AND VACATE PORTION OF
ELLIS PLACE EAST OF AND ABUTTING HARBOR BOULEVARD TO ALLOW
AN OUTDOOR DINING, GATHERING, AND ENTERTAINMENT AREA
IN CONJUNCTION WITH TWO NEW DEVELOPMENTS LOCATE D AT
550 NORTH HARBOR BOULEVARD AND 115 ELLIS PLACE
PRJ2022-00004 – ZON-2022-0053, ZON-2022-0054, ZON-2022-0055 AND SUB-2022-00003
APPLICANT AND PROPERTY OWNER:
FOX HARBOR, LLC AND CITY OF FULLERTON
THE CITY COUNCIL OF THE CITY OF FULLE RTON RESOLVES AS
FOLLOWS:
1. The Fullerton Planning Commis sion adopted Resolution No. PC-2022-27 on Oc tober 26, 2022 and rec ommended to the Fullerton City Council the abandonment of an easement for street right-of-way located along a portion of Ellis Place east of and abutting Harbor B oulevard in the City of Fuller ton, County of Orange (APN 029- 033-24), further des cribed as: all as descr ibed and shown on attached Exhibits “A” and “B” and by reference made a part hereof. Reserving therefrom an easement dedicated to the City of Fullerton for public service and public utilities purposes over, under, along, ac ross and through that por tion of the previously described segments.
2. The Fullerton City Counc il hereby declares that pursuant to Fullerton M unicipal Code Section 16.08.070, it intends to c onsider the abandonm ent and vacation of a por tion of street right of way under the proceedings provided by provisions the Streets and Highways Code of the State of California, Division 9, Par
t 3 as said appear s unnecessary for present or
pr ospective public use.
3. City Council gives notice that it will hear evidence offered by all per sons interested in the proposed abandonment and vacation of a portion of the street right of way on Decem
ber 6, 2022 at 5:30 p.m. in the Fullerton City
Hall Council Chamber, 303 West Commonwealth Av enue, Fullerton, CA.
4. The Fullerton City Cler k shall publish this Resolution in the manner pr escribed by law.
5. The Fullerton Director of Public Works post notic es of the proposed abandonment and vacation conspicuously along the line of the portion of street right of way proposed for abandonment and vacated in the manner prescribed by law at least two weeks befor e the hearing. The notices s hall state the adoption of this Resolution and the tim e and place of the hear ing. 2 Resolution No. 2022-XXX
ADOPTED BY THE FULLERTON CITY COUNCIL ON NOVEMBER 15, 2022, ___________________________
Fred Jung, Mayor
ATTEST:
_________________________
Lucinda Williams, MMC
City Clerk
____________________
Date
Attachments:
• Attachment 1 - Exhibits “A” and “B”
PAGE 1 OF 1
EXHIBIT “A”
LEGAL DESCRIPTION
THAT PORTION OF LOT 9 AND ELLIS PLACE AS SHOWN ON THE MAP OF THE JAMES C.
ROUSE SUBDIVISION, IN THE CITY OF FULLERTON, COUNTY OF ORANGE, STATE OF CALIFORNIA, FILED IN BOOK 8 PAGE 37, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF LOT 2 OF CENTRAL ADDITION, FILED IN BOOK 7 PAGES 7 AND 8 OF MISCELLANEOUS MAPS, IN THE OFFICE OF SAID COUNTY RECORDER, WITH A LINE PARALLEL WITH AND 27.00 FEET DISTANT SOUTHERLY FROM THE NORTHERLY LINE OF SAID LOT 2 AND THE CENTERLINE OF ELLIS PLACE, AS SHOWN ON PARCEL MAP NO. 2009-138 FILED IN BOOK 370, PAGES 44 TO 47, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID PARALLEL LINE, NORTH 89°36’27” WEST 20.35 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 85.00 FEET; THENCE ALONG SAID CURVE IN A SOUTHWESTERLY DIRECTION THROUGH A CENTRAL ANGLE OF 48°45'24", AN ARC LENGTH OF 72.33 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 50.00 FEET AND TANGENT AT ITS TERMINUS TO A LINE PARALLEL WITH AND 27.00 FEET DISTANT NORTHERLY FROM SAID NORTHERLY LINE AND SAID CENTERLINE; THENCE ALONG SAID CURVE IN A SOUTHWESTERLY, NORTHWESTERLY AND NORTHERLY DIRECTION THROUGH A CENTRAL ANGLE OF 166°08’37”, AN ARC LENGTH OF 144.99 FEET TO SAID NORTHERLY LINE AND SAID CENTERLINE AND THE TRUE POINT OF BEGINNING ; THENCE CONTINUING ALONG SAID CURVE IN A NORTHEASTERLY DIRECTION THROUGH A CENTRAL ANGLE OF 42°06’43”, AN ARC LENGTH OF 36.75 FEET TO THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID LOT 9; THENCE ALONG SAID SOUTHERLY PROLONGATION, NORTH 00°36’33” EAST 3.17 FEET TO SAID LINE PARALLEL WITH AND 27.00 FEET DISTANT NORTHERLY FROM SAID NORTHERLY LINE; THENCE ALONG SAID PARALLEL LINE AND ITS WESTERLY PROLONGATION, NORTH 89°36’27” WEST 179.96 FEET TO A LINE PARALLEL WITH AND 10.00 FEET DISTANT EASTERLY FROM THE WESTERLY LINE OF SAID LOT 9; THENCE ALONG SAID PARALLEL LINE, SOUTH 00°58’55” WEST 27.00 FEET TO THE SOUTHERLY LINE OF SAID LOT 9; THENCE ALONG SAID SOUTHERLY LINE AND SAID CENTERLINE OF ELLIS PLACE, SOUTH 89°36 ’27” EAST 153.34 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINS: 4,461± SQUARE FEET.
AS SHOWN ON EXHIBIT “B”, ATTACHED HERETO AND MADE A PART THEREOF.
APN: 029-032-21
____________________________________ ___________________ DAVID R. GRAY, P.L.S. NO. 5239 DATE
3'27'
27'27'L2
PAGE 1 OF 1
EXHIBIT “A” LEGAL DESCRIPTION THAT PORTION OF LOT 2 OF CENTRAL ADDITION, IN THE CITY OF FULLERTON, COUNTY OF ORANGE, STATE OF CALIFORNIA, FILED IN BOOK 7, PAGES 7 AND 8, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF SAID LOT 2 WITH A LINE PARALLEL WITH AND 27.00 FEET DISTANT SOUTHERLY FROM THE NORTHERLY LINE OF SAID LOT 2 AND THE CENTERLINE OF ELLIS PLACE, AS SHOWN ON PARCEL MAP NO. 2009-138 FILED IN BOOK 370, PAGES 44 TO 47, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID PARALLEL LINE, NORTH 89°36’27” WEST 20.35 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 85.00 FEET; THENCE ALONG SAID CURVE IN A SOUTHWESTERLY DIRECTION THROUGH A CENTRAL ANGLE OF 48°45'24", AN ARC LENGTH OF 72.33 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 50.00 FEET AND TANGENT AT ITS TERMINUS TO A LINE PARALLEL WITH AND 27.00 FEET DISTANT NORTHERLY FROM SAID NORTHERLY LINE AND SAID CENTERLINE; THENCE ALONG SAID CURVE IN A SOUTHWESTERLY AND NORTHWESTERLY DIRECTION THROUGH A CENTRAL ANGLE OF 134°10’05”, AN ARC LENGTH OF 117.08 FEET TO SAID PARALLEL LINE DISTANT 27.00 FEET SOUTHERLY FROM SAID NORTHERLY LINE AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CURVE IN A NORTHERLY DIRECTION THROUGH A CENTRAL ANGLE OF 31°58’32”, AN ARC DISTANCE OF 27.90 FEET TO SAID NORTHERLY LINE; THENCE ALONG SAID NORTHERLY LINE, NORTH 89°36’27” WEST 13.40 FEET TO THE WESTERLY LINE OF SAID LOT 2; THENCE, ALONG SAID WESTERLY LINE, SOUTH 00°58’24” WEST 27.00 FEET TO SAID PARALLEL LINE; THENCE ALONG SAID PARALLEL LINE, SOUTH 89°36’27” EAST 8.23 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS: 256± SQUARE FEET. AS SHOWN ON EXHIBIT “B”, ATTACHED HERETO AND MADE A PART THEREOF. APN: 029-032-38 ____________________________________ ___________________ DAVID R. GRAY, P.L.S. NO. 5239 DATE C/L ELLIS PLACEP.O.B.E'LY LINE LOT 2-R1N'LY LINE OF LOT 2-R1L2T.P.O.B.W'LY LINE LOT 2-R1SCALE: 1"=40'PREPARED BY:601 EAST DAILY DRIVE, SUITE 225CAMARILLO, CA 93010805-987-3945 FAX: 805-987-1655JOB NO. 2131 AUGUST 2022 EXHIBIT "B"SHEET 1 OF 1
10-19-2022AREA DESCRIBED IN LEGALCENTERLINEEXISTING LOT LINEEXISTING RIGHT OF WAYPROPOSED RIGHT OF WAYLEGEND:ABBREVIATIONS:M.M. MISCELLANEOUS MAPR1 CENTRAL ADDITION M.M. 7/7-8R2 JAMES C. ROUSE SUBDIVISION M.M. 8-37R3 PARCEL MAP NO. 2009-138, P.M.B. 370/44-47E'LY EASTERLYS'LY SOUTHERLYN'LY NORTHERLYW'LY WESTERLYP.M.B. PARCEL MAP BOOKP.O.B. POINT OF BEGINNINGP.R.C. POINT OF REVERSE CURVET.P.O.B. TRUE POINT OF BEGINNINGC/L CENTERLINEBASIS OF BEARINGS:
PLAT TO ACCOMPANY LEGAL DESCRIPTION
OF ELLIS PLACE PER PARCEL MAP NO. 2009-138 FILEDIN BOOK 370, PAGES 44 TO 47, INCLUSIVE, OF PARCELMAPS, RECORDS OF ORANGE COUNTY, WAS TAKENAS THE BASIS OF BEARINGS FOR THIS SURVEY.