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Home My WebLink About2015-83 - Declaring City’s Vacation of an Existing 10-Foot Wide Sewer Easement Crossing Lots 15, 16, 17, 18, and 19 of Tract No 1218; and Directing the City Clerk to record Same with the County Recorder’s OfficeRECORDING RIWb7ES EU AMO) WHEN RECORDED RETURN T6? ! r ' `' i f= CITY CLERK'S OFFICE._ CITY OF NEWPORT BEACH, POST OFFICE;BOX 1768 NEWPORT BEACH, CA 92659=1768 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder � 111/1111EI 1II 111111111111111111111111111111111 NO FEE *$ R 0 0 0 7 9 9 3 8 5 1$* 2015000609008 2:29 PM 11/30/15 7 410 R28 6 0.00 0.00 0.00 0.00 12.00 0.00 0.00 0.00 Space above this line for Recorder's use only. exempt from Recordation Fee Govt. Code § 27383 RESOLUTION NO. 2015-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DECLARING CITY'S VACATION OF AN EXISTING 10 -FOOT WIDE SEWER EASEMENT CROSSING LOTS 15, 16, 17, 18, AND 19 OF TRACT NO 1218; 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 summarily 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dedicated or acquired for five consecutive years immediately preceding the proposed vacation; or the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement; and WHEREAS, the City Council of the City of Newport Beach has received and considered the various elements of the General Plan of the City of Newport Beach prior to declaring its intent to vacate the easement on these properties and has determined that the proposed summary vacation is consistent with the General plan; and and Resolution No. 2015-83 Page 2 of 2 WHEREAS, the easement is unnecessary for present or future sewer purposes; WHEREAS, there are no public facilities within the sewer easement being summarily vacated; 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. 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 easerrent 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 gate. this resolution is recorded, the portion of the sewer easement described in Exhibit "A" and depicted on Exhibit "B" as attached hereto and incorporated herein, shall be summarily vacai-ed and no longer constitute public sewer easement. ADOPTED this 27th day of October, 2015. CITY OF NEWPORT BEACH, ATTEST- A Mun` al Cor r ion B _ Leilani I. Brown ; dward D. Selich City Clerk u > Mayor o 9 For the City of Newport Beach �L/PO RNP- EXHIBIT "A" SEWER EASEMENT SUMMARY VACATION LEGAL DESCRIPTIONS Those certain easements over and across Lots 15, 16, 17, 18, and 19 of Tract No. 1218 per map filed in Book 37, Pages 47-49 of Miscellaneous Maps in the Office of the Recorder of the County of Orange, State of California, as described in deeds to the City of Newport Beach recorded in Book 3216, Pages 584-586; Book 3237, Pages 336-340, 509, 521, 522. A 10 -foot wide sewer easement granted to the City of Newport Beach, California, by Tract Map No. 1218 recorded in Book 39, Pages 47 through 49, of Official Record of Orange County, described in said Tract Map as: Being over a portion of Lots 15, 16, 17, 18, and 19 of Tract No. 1218 per map filed in Book 37, Pages 47-49 of Miscellaneous Maps in the Office of the Recorder of the County of Orange, State of California, and being ten feet in width, five feet (5') on each side of the following described center lines; Lot 15- Beginning at a point in the westerly line of said Lot 15, said point being northwesterly of and distant 90.00 feet from the most southerly corner of said Lot 15; thence in a straight line to a point in the easterly line of said Lot 15, said point being northeasterly of and distant 79.00 feet from the southeasterly corner of said Lot15. Lot 16- Beginning at a point in the westerly line of Lot 16, said point being northeasterly of and distant 79.00 feet from the most southerly corner of said Lot 16; thence in a straight line to a point in the easterly line of said Lot 16, said point being northeasterly of and distant 64.00 feet from the southeasterly corner of said Lot 16. Lot 17- Beginning at a point in the northwesterly line of said Lot 17, said point being northeasterly of and distant 64.00 feet from the most westerly corner of said Lot 17; thence in a straight line to a point in the southeasterly line of said Lot 17, said point being northeasterly of and distant 107.00 feet from the most southerly corner of said Lot17. Lot 18- Beginning at a point being north 520 10' 20" east and distant 107.00 feet from the most westerly corner of said Lot 18, thence south 690 24' 40" east, a distance of 80.00 feet to an angle point; thence in a straight line from said angle point to a point in the southerly line of said Lot 18, said point being northeasterly of and distant 154.00 feet from the most southerly corner of said Lot 18. Lot 19- Beginning at a point in the northerly line of said Lot 19, said point being "a Lot ��® northeasterly of and distant 154.00 feet from the northwesterly corner of said y ALL�� 0.Lot 19; thence in a straight line to a point in the southerly line of said Lot 19, id point being southeasterly of and distant 120.00 feet from the most westerly 0. mer of said Lot19. No. 7914 Exp, 12s81-,/ 5 w A STRIP OF LAND 10 FEET IN WIDTH OF LOTS 15 -19 OF TRACT 1218 AS SHOWN ON THE MAP RECORDED IN BOOK 37, PAGES 47 THROUGH 49 .if- EASEMENT I 15 -FT SEWERF M SCELLANEOUS EASEMENT MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. -745- T 21 -FT SEWER EASEMENT E O15 1$ E ST. 10 -FT WIDE SEWER SEMENT TO BE VACATED \ -731- :129' yds Q 18 E ## LOT NUMBER GA(j -###- ADDRESS ��Ci � o U O 3 a 5�XL 0� ® IE No. Exp, 12-31.4 5 � 9 AOR CAl\FOQ`� N.T.S. t m XHIBIT 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. 2015-83 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 27th day of October, 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 Duffield, Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich NAYS: None ABSENT: Council Member Curry IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 28th day of October, 2015. City Clerk Newport Beach, C�fprnia