RESOLUTION NO. 2022-XX X
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, C
ALIFORNIA, APPROVING ABANDONING AND VACAT ING A PORTION OF
ELLIS PLACE EAST OF AND ABUTTING HARBOR BOULEVARD TO ALLOW A
N OUTDOOR DINING, GATHERING AND ENTERTAINMENT AREA IN
CONJUNCTION WITH TWO NE W DE VELOPMENTS L OCATED AT 5 50 NORTH HARBOR BOULEVARD AND 115 ELLIS PLACE
PRJ2022-00004 – ZON-2022-0053, ZON-2022-0054,
ZON-2022-0055 AND SUB-2022 -00003
AB 22-01
APPLICANT AND PROPERTY OWNER: FOX HARBOR, LLC
AND CITY OF FULLERTON
THE CITY COUNCIL OF THE CITY OF FULLERTON RESOLVES AS FOLLOWS:
1. The City of Fullerton owns the easement for street right-of-wa y located along the
portion of Ellis Place east of and abutting Harbor Boulevard, in the City of Fullerto
n, County of Orange, further described as: All as described and shown on attached Exhibits A 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, across and through the described above segments.
2. The Planning Commission duly received submittal of the abandonment and vacation of certain segment of public street right of way i n the City of Fullerton and adopted Resolution No. PC-20 22-27, recommending approval of the abandonment on October 26, 2022 .
3. The Fullerton City Council adopted Resolution No. 2022-088 on November 15, 2022 declaring its intention to conside r the abandonment and vacation of a certain portion
of public street right of way in the City of Fullerton and g iving notice that the Fullerton City Council would hear the evidence offered by all persons interested in the street right of way on December 6, 2022 at 5:30 p.m., in the Fullerton Council Chamber at 303 West Commonwealth Avenue, Fullerton CA .
City Council
required the Fullerton City Clerk to publish and post a Notice of Public Hearing in the manner prescribed by law including pursuant to California Street
and Highway Code Sections 8322 and 8323.
2 Resolution No. 2022-XXX
4. The Fullerton City Clerk and the Fullerton Public Works Director have each fully complied with the requirements of Fullerton City Council Resolution No. 20 22-088.
5. The Fullerton City Council duly held a public hearing at the time and place specified in Resolution No. 2022-088, with respect to the proposed abandonment and vacation of said portion of public street right of way and
conveyance of the City-owned street right of way to the property owner
and received and considered all evidence submitted with respect thereto.
6. Said certain street right of way is no longer of any use, nor will it be necessary for any present or prospective public purposes, subject to reservation, dedication of easements and conditions as described in Sections 1 and 7 of this Reso lution.
7. Pursuant to Resolution PC-202 2-24 Item 3, pedestrian access through the vacated portion of Ellis Place shall not be prohibited.
8. The Fullerton City Clerk mail a certified copy of this Resolution to the County R
ecorder of Orange County, California.
ADOPTED BY THE FULLERTON CITY COUNCIL ON DECEMBER
6, 2022.
__________________________________
Fred Jung
M
ayor
ATTEST:
_________________________
Lucind
a Williams, MMC
City Clerk
___________________
Date
Attachments:
• Attachment 1 - Legal Description (Lot 9 and Ellis Place, Exhibit “A”) • Attachment 2 - Plat to Accompany Legal Description (Lot 9 and Ellis Place, Exhibit “B”) • Attachment 3 - Legal Description (Lot 2, Exhibit “A”) • Attachment 4 - Plat to Accompany Legal Description (Lot 2, Exhibit “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 PLACE
P.O.B.
E'LY LINE LOT 2-R1
N'LY LINE OF LOT 2-R1
L2
T.P.O.B.
W'LY LINE LOT 2-R1
SCALE: 1"=40'
PREPARED BY:
601 EAST DAILY DRIVE, SUITE 225
CAMARILLO, CA 93010
805-987-3945 FAX: 805-987-1655
JOB NO. 2131 AUGUST 2022
EXHIBIT "B"
SHEET 1 OF 1
10-19-2022
AREA DESCRIBED IN LEGAL
CENTERLINE
EXISTING LOT LINE
EXISTING RIGHT OF WAY
PROPOSED RIGHT OF WAY
LEGEND:
ABBREVIATIONS:
M.M. MISCELLANEOUS MAP
R1 CENTRAL ADDITION M.M. 7/7-8
R2 JAMES C. ROUSE SUBDIVISION M.M. 8-37
R3 PARCEL MAP NO. 2009-138, P.M.B. 370/44-47
E'LY EASTERLY
S'LY SOUTHERLY
N'LY NORTHERLY
W'LY WESTERLY
P.M.B. PARCEL MAP BOOK
P.O.B. POINT OF BEGINNING
P.R.C. POINT OF REVERSE CURVE
T.P.O.B. TRUE POINT OF BEGINNING
C/L CENTERLINE
BASIS OF BEARINGS:
PLAT TO ACCOMPANY LEGAL DESCRIPTION
OF ELLIS PLACE PER PARCEL MAP NO. 2009-138 FILED
IN BOOK 370, PAGES 44 TO 47, INCLUSIVE, OF PARCEL
MAPS, RECORDS OF ORANGE COUNTY, WAS TAKEN
AS THE BASIS OF BEARINGS FOR THIS SURVEY.