The URL can be used to link to this page

Home My WebLink About2015-67 - Amending Resolution No. 84-38 Regarding the Vacation of Ticonderoga Street and Directing the City Clerk to Record this Resolution with the Orange County RecorderRECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 Recorded in Official Records, orange County Hugh Nguyen, Clerk -Recorder NO FEE $ R 0 0 0 7 7 6 8 4 1 2 $ 2015000430123 148 pm 08/18/15 7 409 R28 4 0.00 0.00, 0.00 0.00 9.00 0.00 0.00 0.00 THIS SPACE FOR RECORDER'S USE ONLY. Exempt Recording Request per Government Code 27383 TITLE OF DOCUMENT: RESOLUTION NO. 2015-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING RE -SOLUTION NO. 84-38 REGARDING THE VACATION OF TICONDEROGA STREET AND DIRECTING THE CITY CLERK TO RECORD THIS RESOLUTION WITH THE ORANGE COUNTY RECORDER RESOLUTION NO. 2015-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING RESOLUTION NO. 84-38 REGARDING THE VACATION OF TICONDEROGA STREET AND DIRECTING THE CITY CLERK TO RECORD THIS RESOLUTION WITH THE ORANGE COUNTY RECORDER WHEREAS, on May 14, 1984, the City Council of the City of Newport Beach adopted Resolution No. 84-38, ordering the vacation of Ticonderoga Street upon satisfaction and/or completion of certain items; and WHEREAS, Resolution No. 84-38 was recorded in the Orange County Clerk/Recorder's office on September 26, 1984, following the satisfaction of those conditions identified in Resolution No. 84-38 including, but not limited to, the execution of an Agreement for Ticonderoga Street between the City and the Newport Crest Homeowners Association (the, "Agreement"); and WHEREAS, the City and the Newport Crest Homeowners Association (the "Association") entered into the Agreement on September 19, 1984, which required the Association to allow Ticonderogya Street to be extended westerly and connected with 15th Street at such time as 15t Street and Bluff Road are constructed to connect to Coast Highway; and WHEREAS, because an extension of Ticonderoga Street is not shown on the City's Circulation Element and the Master Plan of Arterial Highways, the City Council of the City of Newport Beach and the Association desire to eliminate from the Agreement the requirement that the Association allow Ticonderoga Street to be extended westerly and connected with 15th Street; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby affirms that Ticonderoga Street was vacated upon the recordation of Resolution No. 84-38 subject to the satisfaction of the conditions set forth below: Section 1: Upon recordation of Resolution No. 84-38 on September 26, 1984, Ticonderoga Street was vacated subject to the reservation and acceptance by the City of an easement over Ticonderoga Street for the purposes of providing public services to just police, fire, trash and other municipal services. Section 2: The Agreement is hereby amended to remove the requirement that the Association agree to extend Ticonderoga Street to connect with 15th Street at such time that 15th Street and Bluff Road are constructed to connect to Coast Highway. Section 3: The City has reserved, and accepted from the vacation, an easement and right, at any time, or from time to time, to construct, maintain, operate, replace, remove and renew, sanitary sewers, storm drains and all pertinent structures in, upon, over, and across Ticonderoga Street, and pursuant to any existing franchise or Resolution No. 2015-67 Page 2 of 2 renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew or enlarge lines of pipe, conduit, cables, wires, poles and/or other convenient structures, equipment, fixtures for the operation of gas pipelines, telegraphic and telephone lines, street lighting facilities, and the transportation or distribution of electric energy or water, and for incidental or related purposes in, upon and over Ticonderoga Street. Section 4: The City further reserved and accepted from the vacation, an easement for bikeway purposes, across and over the existing bikeway along the southerly parkway of Ticonderoga Street and a right of access to allow the construction, maintenance and repair of the bikeway. Section 5: The City Clerk is hereby ordered to cause a certified copy of this Resolution to be recorded in the Office of the County Recorder of the County of Orange. Section 6: The City Manager is authorized to execute an amendment to the Agreement consistent with this Resolution. Section 7: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3 because the activity is not a project as defined in Section 15378 and has no potential for resulting in physical change to the environment, directly or indirectly. Section 8: 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 11th day of August, 2015. ATTEST: BM amii/ 'i Amo" Leilani I. Brown City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } 1, 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. 2015-67 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 11 `h day of August, 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 Tem Dixon, Mayor Selich NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 121h day of August, 2015. City Clerk Newport Beach, California (Seal)