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Home My WebLink About2013-50 - Ordering the Summary Vacation of an Existing 10-Foot Wide Sewer Easement at 901 Kings Road (Lot 25, Block E of Tract 1219); and Directing the City Clerk to Record Same with the County Recorder's Office•' i • i � i CITY CLERK'S OFFICE CITY OF NEWPORT BEACH P.Q. BOX 1768 NEWPORT BEACH, CA 92658 Recorded in official Records, Orange County Hugh Npguylen�I,IlClerk-Recorder 111 NO FEE *$ R 0 0 0 S 9 8 4 0 7 2 $' 201300038628311:34 am 06/26113 193 409 R28 5 0.00 0.00 0.00 0.00 12.00 0.00 0.00 0,00 Recording Fee: Exempt (Government Code -- Section 27383) (Space above this line for Recorder's use) RESOLUTION NO. 2013-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE SUMMARY VACATION OF AN EXISTING 10- FOOT WIDE SEWER EASEMENT AT 901 KINGS ROAD (LOT 25, BLOCK E OF TRACT 1219); AND DIRECTING THE CITY CLERK TO RECORD SAME WITH THE COUNTY RECORDER'S OFFICE WHEREAS, the City Council of the City of Newport Beach pursuant to Chapter 4 <. of the California Streets and Highways code (Sections 8330 et sea.), is authorized to eN summarily vacate public easements; and WHEREAS, the City Council of the City of Newport Beach has received a request from the property owner of 901 Kings Road to summarily vacate a 10 -foot wide public sewer easement legally described in Exhibit "A" and shown in Exhibit "B "; and WHEREAS, the City has abandoned a 6 -inch sewer main within said easement E• • 's.• s WHEREAS, the owner has, as part of the redevelopment project, constructed a new 8 -inch sewer main elsewhere on the property and provided the City with a new 10- foot wide sewer easement; and WHEREAS, the City Council of the City of Newport Beach has reviewed and considered the various elements of the General Plan of the City of Newport Beach prior to declaring its intent to summarily vacate the public sewer easement on this property and has determined that the proposed summary vacation is consistent with the General Plan; and WHEREAS, the summarily vacated public sewer easement is unnecessary for future sewer line purposes as the sewer main was realigned and there are no other public facilities within said easement; and NOW, THEREFORE, be it resolved by the City Council of the City of Newport Beach that the portion of public sewer easement legally described in Exhibit "A," and depicted on the map attached as Exhibit "B" based on the evidence submitted, that the public sewer easement has been superseded by realigning the existing sewer main elsewhere on the property and that there are no other public facilities located within the public sewer easement. By this resolution the public sewer easement described in Exhibit "A" and depicted on Exhibit "B" is hereby ordered summarily vacated and abandoned. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to have this resolution recorded by the Orange County Recorder and that from and after the date this resolution is recorded the portion of the sewer easement described in Exhibit "A" and depicted on Exhibit "B" shall be summarily vacated and no longer constitute a public sewer easement. Adopted this 11 th day of June, 2013. ATTEST: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation Keith D. Curry Mayor City of Newport Beach EXHIBIT "A" LEGAL DESCRIPTION EASEMENT VACATION THAT PORTION OF LOT 25, BLOCK "E ", OF TRACT NO. 1219, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 38, PAGES 26 -27, OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: THAT PORTION OF EASEMENT DEDICATED TO THE CITY OF NEWPORT BEACH BY INSTRUMENT NO. 124229 OF OFFICIAL RECORDS OF SAID COUNTY DESCRIBED OVER SAID LOT 25 AS FOLLOWS: BEGINNING AT A POINT IN THE EASTERLY LINE OF SAID LOT 25, SAID POINT BEING SOUTHERLY OF AND DISTANT 70.00 FEET FROM THE NORTHEASTERLY CORNER OF SAID LOT 25, THENCE S27'00'00"W, A DISTANCE OF 48.00 FEET TO AN ANGLE POINT; THENCE IN A STRAIGHT LINE TO A POINT IN THE WESTERLY LINE OF SAID LOT 25, SAID POINT BEING SOUTHERLY OF AND DISTANT 87.00 FEET FROM THE NORTHWESTERLY CORNER OF SAID LOT 25. ATTACHED AND MADE A PART HEREOF IS A MAP DESIGNATED EXHIBIT "B ". iROBIN B. H ERS C RCE 20 m 9* EXP. IV/S17201 4 4p �9T CIV��3 F OF CPJ�� EXHIBIT 'B" MAP EASEMENT VACATION K//VGS ROAD _N 8_„ W N 8627'00" W — 69.99' I I I II 'f 14 05 �J I 566251 o I ^ 587'00'00 "W \ \ 48. I 00 uj h INS ) I \ I ��s�> f b� 1 QRpFESS /pN , ROBIN RCE 20 m N 88 °0623" E 70.30' EXP. 014 S CI V F0 p CpU� EASEMENT VACATION 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; that the foregoing resolution, being Resolution No. 2013 -50 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 11'" day of June, 2013, and that the same was so passed and adopted by the following vote, to wit: Ayes: Gardner, Petros, Hill, Selich, Henn, Daigle, Mayor Curry Nays: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 12'" day of June, 2013. City Clerk Newport Beach, California (Seal)