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Home My WebLink About2010-125 - Easement of Alley Between Mesa and BirchRESOLUTION NO. 2010-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE SUMMARY VACATION OF A 30 -FOOT PUBLIC SAFETY EASEMENT OVER AN ALLEY BOUNDED BETWEEN MESA DRIVE AND BIRCH STREET WHEREAS, the City Council of the City of Newport Beach, pursuant to the provisions of the Public Streets, Highways and Service Easements Vacation Law (Section 8300 et seg. of the Streets & Highways Code), is authorized to vacate public service easements; and WHEREAS, pursuant to Streets & Highways Code Section 8333 (Summary Vacation), the City Council is authorized to vacate a public service easement when the date of dedication is less than five years and more than one year, immediately preceding the proposed vacation and the easement was not used continuously since that date; WHEREAS, A Grant of Easement in Favor of the City of Newport Beach was recorded in the Official Records of the Orange County Clerk- Recorder on August 8, 2008 as Instrument No. 2008000379469 (the "Public Safety Easement'); WHEREAS, the Public Safety Easement granted the City, its officers, employees, agents, contractors and invitees an easement for emergency ingress, egress, access, inspection, testing and incidental purposes on, over and across an approximately 30 -foot wide unimproved road bounded between Mesa Drive and Birch Street as described in Exhibit "A" and depicted on Exhibit "B" attached hereto; and WHEREAS, the City of Newport Beach Fire Department has requested that the City Council summarily vacate the Public Safety Easement as the easement is unnecessary for present or prospective public safety purposes; and [A10- 003571 WHEREAS, 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 Public Safety Easement and has determined that the proposed vacation is consistent with the General Plan which shows no future use of easement on any plans; and WHEREAS, the City Council of the City of Newport Beach desires to summarily vacate 30 -foot wide easement bounded between Mesa Drive and Birch Street as described in Exhibit "A" and depicted on Exhibit 'B" attached hereto, the vacation to be processed pursuant to the provisions of the Street Vacation Act; and 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 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 Public Service Easement shall be vacated 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 9`" day of November, 2010. Keith D. Curry ATTEST: Leilani I. Brown City Clerk [A10- 003571 EXHIBIT "A" IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING PORTIONS OF LOTS 118 TO 121, INCLUSIVE, OF TRACT 706, AS SHOWN ON A MAP TI IEREOF. FILED N BOOK 21, PAGE 25 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: `y STRIP OF LAND, 30.00 FEET WIDE, THE SOUTHEASTERLY LINE OF SAID STRIP MORE, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF MESA DRIVE AND CYPRESS STREET, THENCE N 490 22' 19" W ALONG THE CENTERLINE OF MESA DRIVE A DISTANCE OF 310.62 FEET TO THE MOST EASTERLY CORNER OF THE LAND DESCRIBED N A DEED TO CARLA Z.WART BROCKMAN, TRUSTEE, RECORDED FEBRUARY 26, 1998 AS INSTRUMENT # 19980107282, RECORDS OF SAID COUNTY; THENCE S 370 02' 31" W ALONG THE SOUTHEASTERLY LNE OF SAID INSTRUMENT, 30.06 FEET, TO THE TRUE POINT OF BEGINNING OF THE LAND DESCRIBED HEREIN; THENCE CONTINUING ALONG SAID LINE S 37° 02' 31" W 220.00 FEET TO THE MOST SOUTHERLY CORNER OF SAID INSTRUMENT, SAID CORNER REFERRED TO HEREIN AS PONT "A ". THE SIDE LINES OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED AS TO INTERSECT THE SOUTHWESTERLY LINE OF MESA DRIVE AND THE SOUTHWESTERLY LINE OF SAID INSTRUMENT. THE BEARINGS SHOWN HEREON ARE BASED ON RECORD OF SURVEY 97 -1078 FILED IN R.S.B. 172, PAGE 27, RECORDS OF SAID COUNTY. O� ' A STRIP OF LAND, 30.00 FEET WIDE, THE NORTHEASTERLY LNF, OF SAID P MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE AFOREMENTIONED POINT "A" N PARCFI. 1, THENCE N 490 22'19" W ALONG THE SOUTHWESTFRLY LINE OF THE LAND DESCRIBED N A DEED TO CARLA ZWART BROCKMAN, RECORDED FEBRUARY 26, 1998 AS INSTRUMENT # 19980107282, RECORDS OF SAID COUNTY, 162.10 FEET TO TILE MOST NORTHERLY CORNER OF THE LAND DFSCRIBED IN A DEED TO C.Z. BROCKMAN REVOCABLE TRUST RECORDED MAY 17, 1990 AS INSTRUMENT # 90- 263839, RECORDS OF SAID COUNTY, SAID CORNER REFERRED TO HEREIN AS POINT "B ". THE SIDE LINES OF SAIL? STRIP SHALL. BE LENGTHENED OR SHORTENED AS TO INTERSECT THE SOUTHEASTERLY LINE OF SAID INSTRUMENT AND THE SOUTHEASTERLY LINE OF THE LAND DESCRIBED IN A DEED TO C. Z, BROCKMAN REVOCABLE TRUST RECORDED MA Y 17, 1990 AS INSTRUMENT # 90- 263639, RECORDS OF SAID COUNTY. PAGF, 1 A -1 EXHIBIT "A" THE BEARINGS SHOWN HEREON ARE BASEDON RECORD OF SURVEY 97.1078 FILED M R.S.B. 172, PAGE 27, RECORDS OF SAID COUNTY. A;lt. STRIP OF LAND, 30.00 FEET WIDE, THE NORTHEASTERLY LINE OF SAID STRIP MORE PARTICULARLY DESCRIBED AS FOLLOWS BEG Ni NI'NG AT THE AFOREMENTIONED POINT "B "IN PARCEL 2, SAID POINT ALSO BEING THE MOST EASTERLY CORNER OF THE LAND DESCRIBED IN A DEED TO CHICAGO TRUST COMPANY OF CALIFORNIA, RECORDED JULY 18, 2000 AS INSTRUMENT # 20000373866, RECORDS OF SAID COUNTY; THENCE N 49° 22' 19" W ALONG THE NORTHEASTERLY LINE OF SAID INSTRUMENT A DISTANCE OF 162,14 FEET TO THE MOST EASTERLY CORNER OF THE LAND DESCRIBED IN A DEED TO RICHARD A. MORIARTY, RECORDED FEBRUARY l3, 1998 AS INSTRUMENT # 19980083721, RECORDS OF SAID COUNTY. THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED AS TO INTERSECT THE SOUTHEASTERLY LINE OF SAID INSTRUMENT # 2000037386 AND THE SOUTHEASTERLY LINE OF SAID INSTRUMENT # 1998008372I_ THE BEARINGS SHOWN HEREON ARE BASED ON RECORD OF SURVEY 97 -1078 FILED IN R.S.H. 172, PAGE 27, RECORDS OF SAID COUNTY. AT- I'ACHED HERETO IS A PLAT LABELED F.XH1131T "B" AND BY THIS REFERENCE MADE A PART HEREOF. END OF DESCRIPTION I'H1S DOCUMENT, CONSISTING OF 3 PAGES, WAS PREPARED BY ME ON JULY 25, 2001. Qu k if- PAULA. CUOMO, P.L.S. 4136 MY LICENSE EXPIRES 6/30/10 PAGE 2 A -2 * NO. 4136 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 4 IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA: BEING THE NORTHEASTERLY 30.00 FEET OF THE LAND DESCRIBED IN A DEED TO RICHARD A. MORIARTY, RECORDED FEBRUARY 13, 1998 AS INSTRUMENT NUMBER 19980083721, RECORDS OF SAID COUNTY. ATTACHED HERETO IS A PLAT LABELED EXHIBIT "B" AND BY THIS REFERENCE MADE A PART HEREOF. THIS DOCUMENT, CONSISTING OF EXHIBITS "A" AND `B" WAS PREPARED BY ME ON .TUNE 26, 2008. oeua:� � v , PAUL A. CUOMO, P.L.S. 4136 LAND MY LICENSE EXPIRES 6130110 exr. 6/0/10 N0. 4136 A -3 1 I EXHIBIT 19 PACE 3 s E ^.V1 APO MW E r CiimrtR or 4"MY I 1 INSTR..NO. 2003001162343 LANCE & MARIBETB TMISON uj t _> ItWl b" t 4 I ap 3. 1 � fn a� b � I a- mr POW of erMAM Mca I (ao' JMA R£SS STREET EXHIBIT "B" 90'96• i `1 o I a *� v ' ,00-of UJ y Z M co o I Z I Gs r � � I N I W o Nl I'Lu rn m1 N r` vziL 0 z z � ,00'0£' .y 2J 7 ko b� BOO WN y -G o Q Ni O s n hr h � z O _ �N) Ohm 0 N II W J U STATE OF CALIFORNIA } COUNTY OF ORANGE 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. 2010 -125 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 9th day of November, 2010, and that the same was so passed and adopted by the following vote, to wit: Ayes: Selich, Henn, Webb, Gardner, Daigle, Mayor Curry Noes: None Absent: Rosansky Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 10th day of November, 2010. a- aivl-k .� City Clerk Newport Beach, California (Seal)