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Home My WebLink About2016-19 - Ordering the Summary Vacation of an Existing 60-Foot Wide Easement for Roadway Purposes at 20392, 20402, and 20412 Birch Street (Lots 125 and Portions of Lot 99 and 126), Directing the City Clerk to Record Same with County Recorder’s Office andRECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: , City Clerk City of Newport Beach - P.O. Box 1768 Newport Beach, CA 92658-8915 E — ----1 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIII Jill I I III III NO F E E *$ R 0 0 0 8 1 2 7 0 b 0$* 2016000044267 3:42 pm 02/01/16 276 409 R28 6 . 0.00 0.00 0.00 0.00 12.00 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. 2016-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA ORDERING THE SUMMARY VACATION OF AN EXISTING 60 -FOOT WIDE EASEMENT FOR ROADWAY PURPOSES AT 20392, 20402, AND 20412 BIRCH STREET (LOTS 125 AND PORTIONS OF LOTS 99 AND 126), DIRECTING THE CITY CLERK TO RECORD SAME WITH COUNTY RECORDER'S OFFICE AND APPROVE PARCEL MAP NUMBER 2014-171 RESOLUTION NO. 2016-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA ORDERING THE SUMMARY VACATION OF AN EXISTING 60 -FOOT WIDE EASEMENT FOR ROADWAY PURPOSES AT 20392, 20402, AND 20412 BIRCH STREET (LOTS 125 AND PORTIONS OF LOTS 99 AND 126), DIRECTING THE CITY CLERK TO RECORD SAME WITH COUNTY RECORDER'S OFFICE AND APPROVE PARCEL MAP NUMBER 2014-171 WHEREAS, the City Council of the City of Newport Beach ("City"), pursuant to Chapter 4 of the California Streets and Highways code (Sections 8330 et seg.), is authorized to summarily vacate public easements; and WHEREAS, the City Council of the City of Newport Beach has received a request from the property owner of 20392, 20402, and 20412 Birch Street to summarily vacate a 60 -foot wide easement for roadway purposes as shown on Parcel Map Number 2014-171 in order for the development of the properties located at 20352, 20362, 20372, 20382, 20392, 20402, and 20412 Birch Street; and WHEREAS, the property owner will be filing Parcel Map Number 2014-171 to combine the existing lots into one lot and then subdividing the land for condominium purposes in which the said summary vacation is associated with; and WHEREAS, the County of Orange realigned Birch Street to connect with Mesa Drive in 1997 and this portion of Birch Street along the old alignment was never vacated by the County; 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 roadway easement on these properties and has determined that the proposed summary vacation is consistent with the General Plans; and WHEREAS, the summarily vacated easement for roadway purposes is unnecessary for future purposes as Birch Street was realigned to connect with Mesa Drive; and WHEREAS, the City has reserved a 15 -foot wide utility and sewer easement over the old Birch Street alignment due to an existing Costa Mesa Sanitary District sewer main; Resolution No. 2016-19 Page 2 of 3 NOW THEREFORE, the City Council of the City of Newport Beach hereby resolves as follows: Section 1: The recitals provided above are true and correct and are incorporated into the operative part of this resolution. Section 2: The City Council does hereby order that the portion of the Birch Street right-of-way as shown on Parcel Map Number 2014-171 based on the evidence submitted, that Birch Street was realigned to connect with Mesa Drive and that this portion of Birch Street is unnecessary for future purposes be summarily vacated and abandoned. Section 3: The City Council does hereby approve Parcel Map Number 2014- 171 which is associated with the said easement vacation. Section 4: 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 easement for roadway purposes shown in Parcel Map Number 2014-171 shall be summarily vacated and no longer constitute an easement for roadway purposes. Section 5: The City Clerk is hereby directed to sign Parcel Map Number 2014- 171 which is associated with the said easement vacation. Section 6: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 7: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Resolution No. 2016-19 Page 3 of 3 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 26th day of January, 2016. Di ne B. Dixon Mayor ATTEST: �Jl/A (Ow� Leilani I. Brown Citv Clerk 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. 2016-19 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 26`" day of January, 2016, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 27h day of January, 2016. 0� P,�PA'M�. City Clerk Newport Beach, California (Seal)