Loading...
HomeMy WebLinkAbout2008-41 - Vacation at 431 Dahlia AvenueRECORDING 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, Orange County Tom Daly, Clark-Recorder & I@ II@ Iltlll @II @il @lall@111911gHliglll NO FEE 2008000263831 10:14am 06/03/08 21308205 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 21383 RESOLUTION NO. 2008- 41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE VACATION OF A 10 -FOOT STORM DRAIN EASEMENT LOCATED AT 431 DAHLIA AVENUE; AND DIRECTING THE CITY CLERK TO RECORD SAME WITH THE COUNTY RECORDER'S OFFICE lnrut =uFnS Aba City Council of the City of Newport Beach has received a request to vacate a 10 -foot wide storm drain easement legally described in Exhibit "A" and shown in Exhibit "B"; and WHEREAS, an existing 30 -inch reinforced concrete pipe (RCP) storm drain in this easement is abandoned in place; and WHEREAS, the City Council of the City of Newport Beach, pursuant to the. provisions of the Street Vacation Act (Section 8300 of the Street & 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 easement is unnecessary for present or future storm drain 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 Notices were posted not more than three hundred feet (300') apart along Dahlia Avenue. 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 storm drain easement legally described in Exhibit "A" and shown in 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 the 27th day of May, 2008. or the City of ewport Beach EXHIBIT W PAGE 1 OF 2 STORM DRAIN EASEMENT VACATI ❑N LEGAL DESCRIPTION RdM Surveying Inc 23016 Lake Forest Drive #409 Laguna Hllls, CA 92653 ADDRESS OF PROJECTM 431 DAHLIA AVE. (949) 858 -2924 CORONA DEL MAR, CA RDMSURVEYING2COX.NET DATEo 01/28/2008 OWNERo NSC ENTERPRISES INC. }lr 3:1�t7 LOT 11 AND NORTHEASTERLY 14 FEET IF LOT 9, K= 4X OF CORONA DEL MAR TRACT, EXCEPT THE NORTHEASTERLY 3 FEET OF THE NORTHWESTERLY 29 FEET OF LOT 1L A RIGHT OF VAY EASEMENT. AS RECORDED W BOOK 2W, PAGE 409 OF OFFICIAL RECORDS, 10 FEET IN VIDTH, OVER LOT U AND THE NORTHEASTERLY 14 FEET O' TAT 9, BLOCK 431. CORONA DEL MAR TRACT, AS SAID TRACT IS LAID OUT AND SHOVN UPON A MAP RECORDED IN NISCELLANEMPS MAPS, BMOC 3, PAGE 41 AND 42, RECORDS 13F ORANGE CONITY. CALIF UM FOR THE PURPOSE OF ERECTION, LAYING AND CONSTRUCTION, OF A PIPE LINE TO COMM STOW VATER VITH THE RIGHT OF GOING IN, UNDER, AND OVER THE PRO'ERTY HEREINAFTER DESCRIBED, FOR THE PURPOSE OF WAIORG MAINTAINING, AND REPLACING SAID PIPE LINE IN, OVER, AND UNDER DESCRIBED CENTER LIE AS FOLLOV& Y LIE 13F LOT 11 OF SAID BLOCK 431, SAID 9A0 FEET FROM THE HOST NORTHERLY COMM � -. i n SIDELINES OF SAID STRIP SHWA BE LENGTHENED OR SHORTENED SO AS TO COMMENCE IN SAID NORTHESTERLY LIE OF SAID LOT 11 AND THE NORTHWESTERLY AD SWTNVESTERLY LIE OF SAID NORTHEASTERLY 14 FEET 13F LOT 96 RON MfEe EMA , elite _ 9130100 No. 4%3 j EXHIBIT "B" PAGE 2 OF 2 STORM DRAIN EASEMENT VACATION MAP RdM Surveying Inc 23016 Lake Forest Drive #409 ADDRESS OF PROJECTS 431 DAHLIA AVE, Laguna 8-2 4 92653 CORONA DEL MAR, CA <949> VEYIN 24 DATEi 01/28/2008 RDMSURVEYING2COX,NET I/ m I I � I I I z L N40•E 0 I X, -"N, \ I OTC; � I 0 J I �I �L I ��P N-- N40•E 44.00' — DAHLIA AVE, OWNERi NSC ENTERPRISES INC. —re — — ALLEY I I- I� I N40•E 3.00' I \ T.P.O.B. \ I g I I � I a I I I o I I ". # I W.0fa B I =,rm CF Qi $0*W1 Wv 1 3.99' ® S87*33"" 13.36' ® S81'wmov 3%", ' RON WEDEMA %91 e 9130109 * No. 4853 J I STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } 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. 2008 -41 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 27th day of May 2008, and that the same was so passed and adopted by the following vote, to wit: Ayes: Henn, Rosansky, Daigle, Webb, Curry, Gardner, Mayor Selich Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 28th day of May 2008. (Seal) City Clerk Newport Beach, California