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HomeMy WebLinkAbout2004-6 - Vacation and Abandonment 3209 Via LidoN •RECORDING REQUESTED AND WHEN RECORDED RETURN TO: • • City Clerk's Office City of Newport Beach Post Office Box 1768 Newport Beach, CA 92659 -1768 Recorded in Official Records, County of Orange Tom Daly, Clerk- Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE 200400004698108:44am 01122104 118 79 R28 5 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Space above this line for Recorder's use only. EXEMPT RECORDING REQUEST PER GOVERNMENT CODE 6103 RESOLUTION NO. 2004 - 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF r NEWPORT BEACH ORDERING THE VACATION AND i ABANDONMENT OF A 4 -FOOT UTILITY EASEMENT LOCATED L�$j ALONG THE SOUTHERLY FOUR FEET OF NBLLA95 -2, AT 3209 VIA LIDO; 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 the provisions of the Street Vacation Act (Section 8300 of the Streets & Highways Code) is authorized to vacate portions of public easements; 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 vacate the easement and has determined that the proposed vacation is consistent with the General Plan; and WHEREAS, the City Council of the City of Newport Beach desires to vacate a 4- foot utility easement described as follows: A portion of the southerly 4.00 feet of Parcel 1 of NBLLA95 -2 legally described in Exhibit "A" and depicted on the map as Exhibit "B ", the u u • vacation to be processed pursuant to the provisions of the Street Vacation Act; and WHEREAS, the easement is unnecessary for present or prospective public utility purposes; and WHEREAS, a Notice of Vacation was published for at least two (2) successive weeks prior to the hearing in a newspaper of general circulation in the City of Newport Beach; and WHEREAS, that at least two (2) weeks before the day set for hearing, Notices of the proposed vacation were conspicuously posted adjacent to the easement, and that three (3) Notices posted not more than three hundred feet (300') apart along Via Lido and 32nd Street. The Notices stated the day, hour, and place of the hearing. NOW, THEREFORE, be it resolved by the City Council of the City of Newport Beach that the utility easement legally described in Exhibit "A ", and depicted on the map attached as Exhibit "B" are hereby ordered vacated and abandoned. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to have this Resolution recorded by the Orange County Recorder. Adopted this 13`h day of January, 2004. ATTEST: CITY OF NEWPORT BEACH, A Municipal Corporation City Clerk K By. (� Mayor for the City of New Leach . EXHIBIT nX LEGAL DESCRIPTION AN EASEMENT 4 FEET IN WIDTH, OVER A PORTION OF PARCEL 1 OF THAT CERTAIN LOT LINE ADJUSTMENT NO. NBLL95 -2, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED MAY 10, 1995 AS INSTRUMENT NO. 95-0201207, OFFICIAL RECORDS OF SAID ORANGE COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTHERLY 4.00 FEET OF SAID PARCEL 1. EXCEPTING THEREFROM THE SOUTHERLY 4.00 FEET OF THE WESTERLY 114.00 FEET OF SAID PARCEL 1. EXHIBIT "B" IS ATTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF. PREPARED UNDER THE SUPERVISION OF: 1. 12 - C) 4- ft-i KERRY W. LAWLER, R.C.E. 23927 DATE REGISTRATION EXPIRES: 12 -31 -05 e g a LOT LJNE: ADJ, No' INCI LJ��2 PARCEL 1 JNST' NO, EXHIBIT "B" 4.00' 4.00' 30' o 0 g 0 -5- 020L07 J.R 7R, NO, 1117 17.50' A POR LO7 8 I N N VIA OPORTO 30' R Z O W F=- ■ PREPARED UNDER THE SUPERVISION OF: r 12 -04 -03 KERRY W. LAWLER, R.C.E. 23927 DATE REGISTRATION EXPIRES: 12 -31 -05 45' 45' W z Lij v V) N M SCALE: 1" = 50' i • STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH 1 is • I, LaVonne M. Harkless, 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. 2004 -6 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 13th day of January, 2004, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Absent: Adams Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 14th day of January, 2004. (Seal) i City Clerk Newport Beach, California