HomeMy WebLinkAbout91-73 - Vacation of Public Utility EasementRESOLUTION NO. 91 -73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH
SUMMARILY VACATING A PUBLIC UTILITY EASEMENT LOCATED IN LOT 12,
BLOCK 324 OF LANCASTER'S ADDITION TO NEWPORT BEACH ADJACENT TO
28TH STREET AT LAFAYETTE AVENUE, LOCATED IN THE CANNERY
VILLAGE /MCFADDEN SQUARE SPECIFIC PLAN AREA 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 8330
et sue. of the Streets & Highways Code) is authorized to summarily
vacate public easements; and
WHEREAS, there is a certain public utility easement
adjacent to 28th Street at Lafayette Avenue, located in the Cannery
Village /McFadden Square Specific Plan Area which is legally
described in Exhibit "A" attached hereto and incorporated herein by
reference, and depicted on Exhibit "B" and incorporated herein by
reference as though fully set forth at length herein; and
WHEREAS, the easement above - described is not being used
by the City of Newport Beach or public utility for the purpose for
which it was dedicated or acquired and has remained continuously
unused by the City of Newport Beach or public utility for any
public purpose for a period of five consecutive years; and
WHEREAS, no money has been expended for the maintenance
of the easement during that period of time; and
WHEREAS, there are no public utility facilities in place
that would be affected by the vacation of this 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 a summary
vacation of easement and has determined that the proposed vacation
is consistent with the General Plan.
WHEREAS, the easement is un- necessary for present or
prospective public use, and it is the desire of the City Council of
the City of Newport Beach to vacate the easement legally described
in Exhibit "A" and depicted on Exhibit "B ", the vacation to be
processed pursuant to the provisions of the Street Vacation Act.
NOW, THEREFORE, be it resolved by the City Council of the
City of Newport Beach that the easement legally described in
Exhibit "A ", and depicted on the map attached as Exhibit "B" is
hereby ordered to be summarily vacated and abandoned, from and
after the date of recordation of this resolution.
BE IT FURTHER RESOLVED that the City Clerk is hereby
directed to have this resolution recorded by the Orange County
Recorder.
Adopted this 24th day of June ,1991
MT V/1D �
EXHIBIT "A"
A PORTION OF 28TH STREET, FORMERLY KNOWN AS 26TH STREET, NAME
• CHANGED BY ORDINANCE NO. 351, SEPTEMBER 17, 1928, IN THE CITY
OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 10, IN BLOCK
324, LANCASTER'S ADDITION TO NEWPORT BEACH, AS SHOWN ON A MAP
THEREOF, RECORDED IN BOOK 5, PAGE 14, OF MISCELLANEOUS MAPS,
RECORDS OF SAID ORANGE COUNTY, SAID POINT BEING THE
INTERSECTION OF THE NORTHWESTERLY LINE OF SAID LOT 10 WITH
THE WESTERLY LINE OF SAD LOT 10; THENCE NORTH 76014' 00" EAST
ALONG SAID NORTHWESTERLY LINE OF SAID LOT 10 AND ALONG THE
NORTHWESTERLY LINE OF LOT 11 IN SAID BLOCK 324, A DISTANCE OF
58.17 FEET TO A POINT ON A CURVE CONCAVE NORTHWESTERLY AND
HAVING A RADIUS OF 166.24 FEET; SAID POINT BEING THE TRUE
POINT OF BEGINNING OF THIS DESCRIPTION, A RADIAL LINE FROM
SAID POINT BEARS NORTH 47012' 22" WEST; THENCE NORTHEASTERLY
ALONG SAID CURVE THROUGH AN ANGLE OF 11030' 23 A DISTANCE OF
33.39 FEET TO AN INTERSECTION WITH THE NORTHWESTERLY
PROLONGATION OF THE NORTHEASTERLY LINE OF LOT 12 IN SAID
BLOCK 324, A RADIAL LINE FROM SAID INTERSECTION BEARS NORTH
58 042' 45" WEST; SAID POINT HEREINAFTER REFERRED TO AS POINT
"A"; THENCE SOUTH 69005' 30" EAST ALONG SAID NORTHWESTERLY
PROLONGATION, A DISTANCE 37.02 FEET TO THE MOST NORTHERLY
CORNER OF SAID LOT 12; THENCE SOUTH 76 014' 00" WEST ALONG THE
NORTHWESTERLY LINE OF SAID LOT 12 AND ALONG THE
NORTHWESTERLY LINE OF SAID LOT 11, A DISTANCE OF 56.27 FEET
TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION.
EXCEPTING THEREFROM THAT PORTION OF 28TH STREET, FORMERLY
KNOWN AS 26TH STREET MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE HEREINABOVE DESCRIBED POINT "A ". SAID POINT
BEING ON THE NORTHWESTERLY PROLONGATION OF THE NORTHEASTERLY
LINE OF LOT 12 IN BLOCK 324; THENCE SOUTH 69005' 30" EAST
12.06 FEET ALONG THE NORTHEASTERLY LINE OF SAID LOT TO THE
BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A
RADIUS OF 15.00 FEET; THENCE WESTERLY AND SOUTHWESTERLY 19.80
FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 75 038' 25"
TO A POINT OF CUSP WITH A CURVE CONCAVE NORTHWESTERLY AND
HAVING A RADIUS OF 166.24 FEET, A RADIAL LINE THROUGH SAID
POINT OF CUSP BEARS NORTH 540 43' 55" WEST; THENCE
NORTHEASTERLY 11.55 FEET ALONG SAID CURVE THROUGH A CENTRAL
f �
ANGLE OF 03058' 50" TO THE POINT OF BEGINNING.
EXHIBIT "B" IS ATTACHED HERETO AND BY THIS REFERENCE MADE A
PART THEREOF.
THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY
SUPERVISION.
f. LAND S�'Q!i
ANNA M. BEAL, L.S. 4955 ����A�` �yA�
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RADIUS
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15.00'
19.80'
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21.84'
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