Loading...
HomeMy WebLinkAbout09 - 1541 and 1535 Dolphin Terrace - Lots 18 & 19 of Tract 2334June 26, 2001 CITY COUNCIL AGENDA ITEM NO. 9 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: VACATION AND ABANDONMENT OF A 10 -FOOT WIDE PUBLIC UTILITY EASEMENT LOCATED BETWEEN 1541 DOLPHIN TERRACE (LOT 19 OF TRACT NO. 2334) AND 1535 DOLPHIN TERRACE (LOT 18 OF TRACT NO. 2334) RECOMMENDATIONS: Adopt a Resolution ordering the summary vacation and abandonment of the unused easement for public utility purposes located along the easterly property line of Lot 18 and the westerly property line of lot 19 of Tract No. 2334. Direct the City Clerk to have the Resolution recorded by the County Recorder. DISCUSSION: The property owner of 1541 Dolphin Terrace has requested that the easement located along the westerly property line of Lot 19 be abandoned. The existing easement is 10 -feet wide with a 5- foot width on Lot 19 and a 5 -foot width on Lot 18. The Southern California Gas Company, Southern California Edison Company, and Pacific Bell have been contacted and stated they have no facilities within the easement and have no objection to its abandonment. This easement has not been used for at least five years. The City has no facilities within the easement, and the General Plan shows no future plans to use the easement. The easement proposed for abandonment is not needed for any present or future public use. It is recommended that City Council approves the Resolution and that the subject easement be summarily vacated. A to on m ( x i i ) is attached for reference. Don ebb Publics Works Director By: Richard L. Hoffstadt, P.E. Development Engineer Attachments: Resolution Exhibit B RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach P.O. Box 1768 3300 Newport Boulevard Newport Beach, CA 92658 -1768 Space above this line for Recorder's use RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE VACATION AND ABANDONMENT OF A 10 -FOOT EASEMENT FOR PUBLIC UTILITY PURPOSES BETWEEN LOT 18 AND LOT 19 OF TRACT NO. 2334 (IRVINE TERRACE DEVELOPMENT); 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 et sec. of the Streets & Highways Code), is authorized to vacate portions of public rights -of -way ; 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 an easement for public utility purposes 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 vacate the 10 foot wide easement located between Lot 18 and Lot 19 of Tract No. 2334, legally described in Exhibit "A" and depicted on the map attached as Exhibit "B ", the vacation to be processed pursuant to the provisions of the Street Vacation Act; and WHEREAS, the easement is unnecessary for present or prospective public street purposes; and WHEREAS, that at least two (2) weeks before the day set for hearing, notices of the proposed vacation were conspicuously posted along Irvine Terrace Drive and Bayside Drive, with the notices posted not more than three hundred feet (300') apart and a minimum of three (3) notices posted on each 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 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. Adopted this _day of ,2001 ATTEST: CITY CLERK F:\ Users \PBW\Shared \ResolutonsW - Dolphin Ter.doc I Garold B. Adams, Mayor EXHIBIT "A" That certain public utility easement, 10 feet wide, over and across Lots 18 and 19 of Tract No. 2334 in the City of Newport Beach, County of Orange, State of California established per said tract and described as follows: The southeasterly 5.00 feet of Lot 18 and the northwesterly 5.00 feet of Lot 19 of Tract No. 2334 as said easement is shown on map thereof filed in Book 62, Page 20 of Miscellaneous Maps in the office of the County Recorder of said County. TRQ C'- �S 4001' 3S 1541 LOT 18 ' LOT 19 2334 ee�� +� nn �9 N 10P F ♦ QP5�0 I � EASEMENT HEREBY VACATED EXHIBIT "B"