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Home My WebLink About2015-30 - Ordering the Summary Vacation of an Existing 5-Foot Wide Sewer Easement at 1111 Dolphin Terrace (Lot 10 of Tract 5130); and Directing the City Clerk to Record same with the County Recorder’s Offices RECOR 4_ �7d R_ G60E,S_TEE3 AND WHEN RECORDED RETI RN TO: z CITY CLERK'S OFFICE CITY OF NEWPORT BEACH POST OFFICE BOX 1768 - NEWPORT BEACH, CA-92659-1768 Recorded in Official Records, Orange Qounty Hugh Nguyen, Clerk- Recorder 111111 1 *$ R 0 0 0 7 5 4 5 2 9 2$* 2015000266132 8:05 am 05/22/15 47 411 R28 6 0.00 0.00 0.00 0.00 15.00 0.00 0.00 0.00 Space above this line for Recorder's use only. RESOLUTION NO. 2015 -30 Exempt from Recordation Fee ,) Govt. Code § 27383 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE SUMMARY VACATION OF AN EXISTING 5 -FOOT WIDE SEWER EASEMENT AT 1111 DOLPHIN TERRACE (LOT 10 OF TRACT 5130); 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 Public Streets, Highways and Service Easements Vacation Law (Section 8330 et seq. of the Streets & Highways Code), is authorized to vacate public service easements; and WHEREAS, pursuant to Streets & Highways Code Section 8333 (Public service easement; vacation), the City Council is authorized to vacate a public service easement when the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation; or the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement; WHEREAS, the City Council of the City of Newport Beach has received a request from the property owner of 1111 Dolphin Terrace to summarily vacate a 5 -foot easement legally described in Exhibit "A" and shown in Exhibit "B "; and WHEREAS, in 1963, the City abandoned an 8 -inch sewer main within said easement at 1111 Dolphin Terrace; and WHEREAS, the City, as part of the 1963 abandonment, constructed an 8 -inch sewer main along the property's northwesterly property line thereby rerouting the sewer system; and WHEREAS, there are no public facilities within the sewer easement being summarily vacated; 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 summarily vacate the easement on this property and has determined that the proposed summary vacation is consistent with the General Plan; and WHEREAS, the summarily vacated sewer easement is unnecessary for future sewer line purposes as the sewer main was relocated along the property's northwesterly property line there are no other sewer facilities within said easement; and NOW, THEREFORE, be it resolved by the City Council of the City of Newport Beach that the portion of public sewer easement legally described in Exhibit "A," and depicted on the map attached as Exhibit "B" based on the evidence submitted, that the public sewer easement has been superseded by the relocation of existing sewer main to the property's northwesterly property line and that there are no other public facilities located within the public sewer easement. By this resolution, the public sewer easement described in Exhibit "A" and depicted on Exhibit "B" is hereby ordered summarily 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 portion of the sewer easement described in Exhibit "A" and depicted on Exhibit "B" shall be summarily vacated and no longer constitute public sewer easement. Adopted this 12th day of May, 2015. r_Amrxan (N i C �l — Leilani r. Brown City Clerk CITY OF NEWPORT BEACH, A Muni c'paI Cor oration By: Edward D. Selich Mayor for the City of Newport Beach EXHIBIT "A" SEWER EASEMENT SUMMARY VACATION LEGAL DESCRIPTION A 5 -foot wide sewer easement granted to the City of Newport Beach, California, by Tract Map No. 5130 recorded in Book 190, Pages 43 through 44, of Official Record of Orange County, described in said Tract Map as: "The southeasterly 5 -feet of Lot 10 of Tract 5130 as shown on a map recorded in Book 190, Pages 43 through 44 of Miscellaneous Maps, Records of Orange County, California." Uj a W H Ice Q i Dpi pHrN �. TFRR4cE / / / BA ySr �\ r / / / The southeasterly 5 -feet of Lot 10 of Tract 5130 as shown on a map recorded in Book 190, Pages 43 through 44 of Miscellaneous Maps, Records of Orange County, California EXHIBIT B / 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. 2015 -30 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 121h day of May, 2015, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peotter, Council Member Petros, Council Member Curry, Council Member Duffield, Council Member Muldoon, Mayor Pro Tern Dixon, Mayor Selich NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 131h day of May, 2015. n V City Clerk Newport Beach, California (Seal)