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Home My WebLink About2014-89 - Ordering the Vacation and Abandonment of a Portion of Street Right-of-Way (Buena Vista Boulevard) Adjacent to and Contiguous with 304 to 350 Buena Vista Boulevard; and Directing the City Clerk to Record Same with the County Recorder's OfficeRECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 -8915 TITLE OF DOCUMENT: Recorded in Official Records, Orange County Hugh Nguyenl,I Clerk - Recorder II NO FEE $ R 0 0 G 7 3 4 7 5 4 5$ 20150001199541:29 pm 03109/15 232 407 R28 F13 9 0.00 0.00 0.00 0.00 24.00 0.00 0.00 0.00 THIS SPACE FOR RECORDER'S USE ONLY. Exempt Recording Request per Government Code 27383 RESOLUTION NO. 2014 -89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE VACATION AND ABANDONMENT OF A PORTION OF STREET RIGHT -OF -WAY (BUENA VISTA BOULEVARD) ADJACENT TO AND CONTIGUOUS WITH 304 TO 350 BUENA VISTA BOULEVARD; AND DIRECTING THE CITY CLERK TO RECORD SAME WITH THE COUNTY RECORDER'S OFFICE. n� RESOLUTION NO. 2014 -89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE VACATION AND ABANDONMENT OF A PORTION OF STREET RIGHT -OF -WAY ( BUENA VISTA BOULEVARD) ADJACENT TO AND CONTIGUOUS WITH 304 TO 350 BUENA VISTA BOULEVARD; 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 8320 et seg.), is authorized to vacate public rights -of -way; and WHEREAS, on September 4, 2014, the property owners along Buena Vista Boulevard (304 to 350 Buena Vista Boulevard) requested that the City Council vacate a portion of public right -of -way as unnecessary for present or prospective roadway purposes; and 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 a portion of public right -of -way and has determined that the proposed vacation is consistent with the General Plan; and WHEREAS, the City of Newport Beach reviewed and determined that the public right -of -way proposed to be vacated is not necessary for street purposes, and that public views of the bay would be maintained and access along Buena Vista Boulevard will be maintained along the public sidewalk consistent with the City's General Plan and the Coastal Land Use Plan; and WHEREAS, the City Council of the City of Newport Beach desires to vacate a portion of public right -of -way as described in Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated by reference, the vacation to be processed pursuant to the provisions of the California Streets and Highway Code Section 8335; and WHEREAS, the City Council desires that the vacation be conditioned upon the recordation of restrictive covenant agreements by the property owners along Buena Vista Boulevard (304 to 350 Buena Vista Boulevard) to provide for non - vehicular access and views to the waters of Newport Bay by controlling the height of landscaping and installations on the vacated right of way. NOW, THEREFORE, be it resolved by the City Council of the City of Newport Beach that the portion of street right -of -way legally described in Exhibit "A," and depicted on the map attached as Exhibit "B" based on the evidence submitted, that the street right - of -way is unnecessary for present or prospective street or highway use. By this resolution the portion of street right -of -way described in Exhibit "A" and depicted on Exhibit "B" is hereby ordered vacated and abandoned. BE IT FURTHER RESOLVED that this order of vacation and abandonment of a portion of street right -of -way is conditioned upon recordation by each owner adjacent to the vacated street right -of -way of a restrictive covenant agreements by the property owners along Buena Vista Boulevard (304 to 250 Buena Vista Boulevard) that has been approved as to form by the City Attorney and provides for non - vehicular access and views to the waters of Newport Bay by controlling the height of landscaping and installations on the vacated right of way. BE IT FURTHER RESOLVED that upon receipt of conformed copies of the recorded restrictive covenants from the property owners along Buena Vista Boulevard (304 to 350 Buena Vista Boulevard), 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 street right -of -way described in Exhibit "A" and depicted on Exhibit "B" shall be vacated and no longer constitute street right -of -way. 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 14th day of October, 2014. ATTEST: Eeilani I. Brown City Clerk I 2� d Rush N. Hill, II Mayor EXHIBIT A LEGAL DESCRIPTION PARTIAL VACATION OF BUENA VISTA BLVD. THAT PORTION OF BUENA VISTA BOULEVARD AS SHOWN ON SUBDIVISION OF BLOCK "A" OF EAST NEWPORT, PER MAP RECORDED IN BOOK 4, PAGE 51, OF MISCELLANEOUS MAPS, ALSO BEING SHOWN ON KRESSLEY SURVEY, PAGE 30 OF 86 BOTH RECORDS OF ORANGE COUNTY, STATE OF CALIFORNIA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;- COMMENCING AT THE MOST WESTERLY CORNER OF LOT 167 OF SAID KRESSLEY SURVEY ALSO BEING A POINT ON NORTHERLY RIGHT OF WAY BAY AVENUE (25.0 FEET HALF WIDTH) AND A POINT ON THE SOUTHERLY RIGHT OF WAY BUENA VISTA BOULEVARD; THENCE LEAVING SAID CORNER NORTH 03'48'27" WEST, 10.77 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LINE NORTH 03'48'27" WEST, 27.88 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF BUENA VISTA BOULEVARD; THENCE ALONG THE NORTHERLY RIGHT OF WAY OF BUENA VISTA BOULEVARD THE FOLLOWING COURSES: NORTH 64`21'30" EAST, 283.28 FEET; NORTH 43'3S30" EAST, 398.98 FEET; THENCE LEAVING SAID NORTHEASTERLY RIGHT OF WAY SOUTH 74'24'00" EAST, 22.64 FEET TO A POINT ON A LINE PARALLEL WITH AND 10.00 FEET NORTHWESTERLY, MEASURED AT RIGHT ANGLES FROM THE SOUTHERLY RIGHT OF WAY OF SAID BUENA VISTA BOULEVARD; THENCE ALONG SAID PARALLEL LINE THE FOLLOWING COURSES: SOUTH 43'33'30" WEST, 429.83 FEET; THENCE SOUTH 64'21'30" WEST, 281.84 FEET TO THE TRUE POINT OF BEGINNING CONTAINS 15,601 SQ. FT ( + / -) OR 0.358 ACRES ( + / -) OF LAND, MORE OR LESS. ALL AS PARTICULARLY SHOWN ON EXHIBIT "B ", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. C.- ZW -I4! VINCENT W. SCARPATI R,O,E, 33520 DATE TIC, EXP. DATE: 6 -30 -2016 SHEET IOF4 BY: GT DATE: 09!2412014 SCALE: NONE CONSULTING, INC. CIVIL ENGINEERING LAND PLANNING & SURVEYING 27156 BURBANK FOOTHILL RANCH, CA, 92610 T. 949.916.3800 F. 949.916.3805 WW W.CVC4NC.NET a Nu. 3 20 t \ Exp. 6/30/20167 EXHIBIT "A" VACATION LEGAL DESCRIPTION >r CLE06EWATER AVE / o- SCALE: I"= 100' / PARTIAL VACATION OF /�W 146 BUENA VISTA BLVD `\ w \147 \ 146\ 149\ PARTIAL VACATION OF �, \ 154 ,\ BUENA VISTA BLVO �"� \\ \155\ \w`� 199 P.O.0 Nfik1�3C 156 s• 157 \4' epe. 1 D9 \ 158\ \4; JF 1616\ \ \ p b+\ 152 t Al NUE LINE TABLE LINE DIRECTION LENGTH U NO3'4B'27"W 10.77 L2 N0348'27 "W 27.88 13 $7424'00 "E 22.64 NOTE: BUENA VISTA BOULEVARD SHOWN HEREON IS BASED ON THE WIDTH OF 35.88' AS SHOWN ON ASSESSORS PARCEL MAP. BUENA VISTA BOULEVARD PER "BLOCK A EAST NEWPDRr AS RECORDED IN BOOK 4, PACE 51 OF MISCELLANEOUS MAPS. SHOWS A WIDTH OF 30.00' SHEET 2OF4 27`156 BURBANK EXHIBIT "B" BY: GT FOOTHILL RANCH, CA, 92610 DATE: 0912412014 CONSULTING INC. T. 949.916,3800 PARTIAL VACATION OF CIVIL ENGINEERING F. 940.916.3605 BUENA VISTA BLVD SCALE: 1" =100' LAND PLANNING S SURVEYING WWW.CV04NC.NET EXHIBIT B ,< SCALE: 1" = 50' L2 [AMR 159 160 \\ 162 \ \ \ I A y s�Pg� / \o• °m\ \ 161 X11\ �—� 1✓P.O.L \ \ 164 \ 163 E' 166 \\ 165 \\ \y', I\ I I \ i I ��• I Nh 1 s I L__ W -- __ ___ \_J SHEET 3OF4 llab BY: GT �l �m DATE: 9/2412014 CONSULTING, INC. CIVIL ENGINEERING SCALE: V =50' LAND PLANNING & SURVEYING BAYA 27156 BURBANK FOOTHILL RANCH, CA, 92610 T. 949.916.3600 F. 949.916.3805 W W W.CVC- INC,NET lk LINE TABLE LINE # DIRECRON LENGIN Li N0348'27 "W 10.77 L2 NO3'48'27 "W 27.88 L3 S7424'00"E 22.64 EXHIBIT "B" PARTIAL VACATION OF BUENA VISTA BLVD r - - - -- - - - - -, EXHIBIT B i I � 'O" I ice♦ "'�� / / 146 L----- _ - -_ - -- J \ \ i i 147 \\ 148 \\ 149 \\ 150 \\ P / \ \ \ 151 \ ��\ 152 \\ /o, 153 , ih� A \\ 154 \� 155 \ \ 156 \ \\ 157 \\ / \� 158 \ 159 \\ �P 4 \ SHEET 4 OF 4 u BY: GT O _ DATE: 9/24/2014 CONSULTING, INC. CIVIL ENGINEERING SCALE: V =50' LAND PLANNING & SURVEYING 27156 BURBANK FOOTHILL RANCH, CA, 92610 T. 949.916.3800 F. 949.916.3805 V*M.CVC- INC.NET J SCALE: T' = 60' EXHIBIT "B" PARTIAL VACATION OF BUENA VISTA BLVD 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. 2014 -89 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 141h day of October, 2014, and that the same was so passed and adopted by the following vote, to wit: Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Henn, Council Member Daigle, Mayor Pro Tern Selich, Mayor Hill Nays: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 15"' day of October, 2014. 04� 4 b M-�- City Clerk Newport Beach, California (Seal)