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HomeMy WebLinkAbout12 - Easement Vacation Tract 1237July 9, 2002 CITY COUNCIL AGENDA ITEM NO. 12 TO: Mayor And Members Of The City Council FROM: Public Works Department SUBJECT: VACATION OF EIGHT -FOOT (8') WIDE WATER EASEMENTS IN CORONA HIGHLANDS TRACT NO. 1237 RECOMMENDATIONS: Hold public hearing, close public hearing. 2. If desired, adopt Resolution No. 2002- ordering the vacation and abandonment of the 8 -foot wide water easements located between Lot No's. 154 & 155 of Tract No. 1237, between Lot No's. 149 & 150 of Tract No. 1237, between Lot No's. 129 and 130 of Tract No. 1237, and between Lot No's. 118 & 119 of Tract 1237 in Corona Highlands as described in Exhibit "A" and depicted in Exhibit .,B'. 3. If desired, direct the City Clerk to have the Resolution recorded in the office of the County Recorder. DISCUSSION: The City has relocated the water mains into the public streets in Corona Highlands and no longer needs the subject easements. On June 13, 2002, the City Clerk set the Public Hearing for July 9, 2002, to consider the vacation of the unused water easement in Tract No. 1237, Corona Highlands area. The water easements are unnecessary for present or prospective public water purposes. A Notice of Vacation was published for two successive weeks prior to the hearing in the official newspaper of the City of Newport Beach. At least two weeks before the day of the hearing, at least three (3) notices of the proposed vacation were conspicuously posted along the easements, not more than three hundred feet apart. The notices stated the day, hour, and place of the hearing. SUBJECT: VACATION OF EIGHT -FOOT WIDE WATER EASEMENTS IN CORONA HIGHLANDS TRACT NO. 1237 Date: July 9, 2002 Page 2 Adoption of the recommended Council resolution will complete the statutory proceedings to vacate and abandon the unused water easements in Corona Highlands, Tract No. 1237. Respectfully PykSlic orks Department t en G. Badum, Director By: Dick Hoffstadt, P.E. Development Engineer Attachment: Vacation Resolution Exhibit "A ", Legal description of area to be vacated Exhibit 'B ", Exhibit depicting area to be vacated 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 only RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE VACATION AND ABANDONMENT OF 8 -FOOT WATER EASEMENTS LOCATED BETWEEN LOT NO'S. 154 AND 155 OF TRACT NO. 1237, LOT NO'S. 149 AND 150 OF TRACT NO. 1237, LOT NO'S 129 AND 130 OF TRACT NO. 1237, AND LOT NO'S. 118 AND 119 OF TRACT NO 1237 IN THE CORONA HIGHLANDS 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 8300 et sec. of the Streets & 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 these easements and has determined that the proposed vacation is consistent with the General Plan; and WHEREAS, the City Council of the City of Newport Beach desires to vacate 8 -foot water easements described as follows: The northwesterly 4.00 feet of Lot 118 of said tract; The southeasterly 4.00 feet of Lot 119 of said tract; The southerly 4.00 feet of Lot 129 of said tract; The northerly 4.00 feet of Lot 130 of said tract; The northwesterly 4.00 feet of Lot 149 of said tract; The southeasterly 4.00 feet of Lot 150 of said tract; The westerly 4.00 feet of Lot 154 of said tract; The easterly 4.00 feet of Lot 155 of said tract; and located in Corona Highlands, legally described in Exhibit "A" and depicted on the map attached as on Exhibit "B ", the vacation to be processed pursuant to the provisions of the Street Vacation Act; and and WHEREAS, the easements are unnecessary for present or prospective public water purposes; WHEREAS, that a notice of intention was published for at least two (2) successive weeks prior to the hearing in the official newspaper of 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 along the easements, 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 water easements legally described in Exhibit "A ", and depicted on the map attached as 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 this _day of 2002 ATTEST: CITY CLERK F: IUSERSIPBWkSharecNResolutionslV -Water Eas -Corona Highlands-Resol.doc Tod W. Ridgeway, Mayor EXHIBIT "A" Those certain easements, 8.00 feet wide, in the City of Newport Beach, County of Orange, State of California, for water line purposes as dedicated per Tract No. 1237 and as shown on a map thereof filed in Book 40, Pages 19 and 20 of Miscellaneous Maps in the office of the County recorder of said County. Said certain easements are described as follows: The northwesterly 4.00 feet of Lot 118 of said tract; the southeasterly 4.00 feet of Lot 119 of said tract; the southerly 4.00 feet of Lot 129 of said tract; the northerly 4.00 feet of Lot 130 of said tract; the northwesterly 4.00 feet of Lot 149 of said tract; the southeasterly 4.00 feet of Lot 150 of said tract; the westerly 4.00 feet of Lot 154 of said tract; the easterly 4.00 feet of Lot 155 of said tract. EXHIBIT "B" EASEMENT AREA-' lee Li .. .... VICINITY MAP WATER EASEMENTS, 8- WIDE, TO BE VACATED . ............ E.LLA TER. 129 'e) 155 154 . ..... . . .. ..... . ............ . ... .. - -- ------- -RA ..... ... . TER. 149 S1 1`0 N41 TER. Z