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Home My WebLink About2023-64 - Summarily Vacating a Public Water Easement at 4839 Cortland Drive (Portion of Lot 13 of Tract 3519) and Directing the City Clerk to Record Same with the County Recorder’s Office11/15/23, 12:37 PM Batch 16644724 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 TITLE OF DOCUMENT: Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder II I I II III I III[ I I IIII I 1�11 I II NO FEE *$ R 0 0 1 4 6 5 4 3 8 5 $ * 202300027926912:34 pm 11/15123 90 CR-SC06 R28 7 0.00 0.00 0.00 0.00 18.00 0.00 0.000.000.00 0.00 THIS SPACE FOR RECORDER'S USE ONLY Exempt Recording Request per Government Code § 27383 RESOLUTION NO.2023-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, SUMMARILY VACATING A PUBLIC WATER EASEMENT AT 4839 CORTLAND DRIVE (PORTION OF LOT 13 OF TRACT 3519) AND DIRECTING THE CITY CLERK TO RECORD SAME WITH THE COUNTY RECORDER'S OFFICE https://gs.secure-erds.com/Batch/Confirmation/l 6644724 1 /2 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 TITLE OF DOCUMENT: THIS SPACE FOR RECORDER'S USE ONLY Exempt Recording Request per Government Code § 27383 RESOLUTION NO. 2023-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, SUMMARILY VACATING A PUBLIC WATER EASEMENT AT 4839 CORTLAND DRIVE (PORTION OF LOT 13 OF TRACT 3519) AND DIRECTING THE CITY CLERK TO RECORD SAME WITH THE COUNTY RECORDER'S OFFICE RESOLUTION NO. 2023-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, SUMMARILY VACATING A PUBLIC WATER EASEMENT AT 4839 CORTLAND DRIVE (PORTION OF LOT 13 OF TRACT 3519) AND DIRECTING THE CITY CLERK TO RECORD SAME WITH THE COUNTY RECORDER'S OFFICE WHEREAS, the City Council ("City Council") of the City of Newport Beach ("City"), pursuant to Chapter 4 of the Public Streets, Highways and Service Easements Vacation Law, Section 8330 et seq. of the California Streets and Highways Code, is authorized to summarily vacate a public service easement when the easement has not been used for the purpose for which it was dedicated or acquired for five (5) consecutive years immediately preceding the proposed vacation; the date of dedication or acquisition is less than five (5) years, and more than one (1) year, immediately preceding the proposed vacation and the easement was not used continuously since that date, or the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement; WHEREAS, the property owner of 4839 Cortland Drive, Newport Beach, California 92625 ("Property") has requested the City vacate a six-foot (6) wide public water easement ("Easement"), which is legally described in Exhibit "A" and shown in Exhibit "B" attached hereto and incorporated herein; WHEREAS, the segment of the water main pipe in the Easement was abandoned in place as part of the City's Cameo Highlands Backup Water Supply Improvements Project, there are no active City facilities in the Easement, and thus the Easement is unnecessary for future water purposes; and WHEREAS, the City Council, having reviewed and considered the various elements of the General Plan of the City of Newport Beach with respect to the proposed summary vacation of the Easement, has determined that the summary vacation is consistent with the General Plan. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby summarily vacate the Easement described in Exhibit "A" and shown in Exhibit "B" on the grounds that the Easement is excess and there are no other public facilities therein. Resolution No. 2023-64 Page 2 of 3 Section 2: The City Clerk is hereby directed to record this resolution in the office of the Orange County Recorder in accordance with Section 8336 of the California Streets and Highways Code. Section 3: That from and after the date the resolution is recorded, the Easement described in Section 1 no longer constitutes a public water easement. Section 4: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 5: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 6: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Resolution No. 2023-64 Page 3of3 Section 7: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 14th day of November, 2023. ATTEST: Leilani I. Brow y. ` City Clerk e APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aar n C. Harp City Attorney Attachment(s): Exhibit A — Legal Description of Easement Vacation Exhibit B — Map of Water Easement Vacation EXHIBIT "A" WATER EASEMENT SUMMARY VACATION LEGAL DESCRIPTION A 6-foot wide water easement granted to the City of Newport Beach, California, by Tract Map No. 3519 recorded in Book 128, Pages 18 through 21, of Official Record of Orange County, described in said Tract map as: "The easterly 6-feet of Lot 13 of Tract 3519 as shown on a map recorded in Book 128, Pages 18 through 21 of Miscellaneous Maps, Records of Orange County, California." EXHIBIT "B" WATER EASEMENT AREA TO BE SUMMARILY VACATED N E N E W P O R T B E A C H '�'EwPoRT c94 oonN�P [A, 0 40 80 Feet f I/ ;/{ J f Disclaimer: Every reasonable effort has been made to assure the accuracy of the data provided, however, The City of Newport Beach and its employees and agents disclaim any and all responsibility from or relating to any results obtained in its use. STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; the foregoing resolution, being Resolution No. 2023-64 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 14th day of November, 2023; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Noah Blom, Mayor Pro Tern Will O'Neill, Councilmember Brad Avery, Councilmember Robyn Grant, Councilmember Joe Stapleton, Councilmember Erik Weigand NAYS: None RECUSED: Councilmember Lauren Kleiman IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 15th day of November, 2023. "'AM Leilani I. Brown City Clerk Newport Beach. California -.d00VWft1.-