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HomeMy WebLinkAbout97-14 - Easement Vacation Cliffhaven Area• RESOLUTION NO. 97 -14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING CITY'S INTENTION TO VACATE A PORTION OF EASEMENT FOR SEWER PURPOSES CROSSING LOTS 5, 6, 7, 8, 9, 10, 11 AND A PORTION OF LOT 12 OF TRACT NO. 1025 AND AN EASEMENT FOR STORM DRAIN PURPOSES ALONG THE EASTERLY BOUNDARY OF LOT 9 OF TRACT NO. 1025 (CLIFFHAVEN AREA); ADOPTING A MAP SHOWING THE AREA TO BE VACATED AND SETTING A PUBLIC HEARING THEREON WHEREAS, the City Council of the City of Newport Beach, pursuant to the provisions of the Street Vacation Act (Section 8330 of the Street and Highways Code) is authorized to summarily vacate and abandon public easements; and • WHEREAS, the City Council of the City of Newport Beach intends to vacate the sewer and storm drain easements legally described on Exhibit "A" and depicted on a map attached as Exhibit "B ", the vacation to be processed pursuant to the provisions of the Street Vacation Act; 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 sewer and storm drain easements and has determined that the proposed vacation is consistent with the General Plan. • NOW, THEREFORE, be it resolved by the City Council of the City of Newport Beach that the time and place for hearing all persons interested in, objecting to, the proposed Res. 97 -14 vacation of these portions of sewer and storm drain easements legally described on Exhibit "A" • and depicted on Exhibit "B ", shall be at 7:00 p.m. or as soon thereafter as the matter may be heard on March 10, 1997, in the Chambers of the City Council of the City of Newport Beach located at 3300 Newport Boulevard, Newport Beach, California; and BE IT FURTHER RESOLVED that this resolution of intention shall be published for at least two (2) successive weeks prior to the hearing in the official newspaper of the City of Newport Beach; and BE IT FURTHER RESOLVED, that at least two (2) weeks before the day set or hearing, notices of the proposed vacation shall be conspicuously posted along Saint James Road, with the notices to be posted not more than three hundred feet (300') apart and a • minimum of three (3) notices posted. The notices shall state the day, hour, and place of the hearing and refer to the adoption of the Notice of Intention. Adopted this 10th day of February 1997. ATTEST: City Clerk . 2 May r EXHIBIT "A" Page 1 of 2 Those certain easements over and across Lots 5, 6, 7, 8, 9, 10, 11 and 12 of Tract No. 1218 per map • filed in Book 37, Pages 47, 48 and 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, Page 596, Book 3237, Pages 330, 443, 447, 452, 456, 460 and 464 and in Book 9532, Page 300 all of Official Records in the Office of said Recorder, said certain easements are more particularly described as follows: Sewer Easement No. 1 (Lot 5 - O.R. 3237/443) A strip of land, 10.00 feet wide, being 5.00 feet on each side of the following described centerline: Beginning at a point in the westerly line of said Lot 5, said point being northerly of and distant 82.00 feet from the southwesterly corner of said Lot 5; thence in a straight line to a point in the easterly line of said Lot 5, said point being northerly of and distant 82.00 feet from the southeasterly corner of said Lot 5. Sewer Easement No. 2 (Lot 6 - O.R. 3216/596) A strip of land, 10.00 feet wide, being 5.00 feet on each side of the following described centerline: Beginning at a point in the westerly line of said Lot 6, said point being northerly of and distant 82.00 feet from the southwesterly corner of said Lot 6; thence in a straight line to a • point in the easterly line of said Lot 6, said point being northerly of and distant 82.00 feet from the southeasterly corner of said Lot 6. Sewer Easement No. 3 (Lot 7 - O.R. 3237/447) A strip of land, 10.00 feet wide, being 5.00 feet on each side of the following described centerline: Beginning at a point in the westerly line of said Lot 7, said point being northerly of and distant 82.00 feet from the southwesterly corner of said Lot 7; thence in a straight line to a point in the easterly line of said Lot 7, said point being northeasterly of and distant 75.00 feet from the southeasterly corner of said Lot 7. Sewer Easement No. 4 (Lot 8 - O.R. 3237/330) A strip of land, 10.00 feet wide, being 5.00 feet on each side of the following described centerline: Beginning at a point in the northwesterly line of said Lot 8, said point being northeasterly of and distant 75.00 feet from the southwesterly corner of said Lot 8; thence S 81 °35'30" E a distance of 42.00 feet to an angle point; thence in a straight line from said angle point to a point in the southeasterly line of said Lot 8, said point being northeasterly of and distant • 74.00 feet from the most southerly corner of said Lot 8. EXHIBIT "A' Page 2 of 2 • Sewer Easement No. 5 (Lot 9 - O.R. 3237/452) A strip of land, 10.00 feet wide, being 5.00 feet on each side of the following described centerline: Beginning at a point in the northwesterly line of said Lot 9, said point being northeasterly of and distant 74.00 feet from the most westerly corner of said Lot 9; thence in a straight line to a point in the southeasterly line of said Lot 9, said point being northeasterly of and distant 77.00 feet from the most southerly corner of said Lot 9. Sewer Easement No. 6 (Lot 10 - O.R. 3237/456) A strip of land, 10.00 feet wide, being 5.00 feet on each side of the following described centerline: Beginning at a point in the northwesterly line of said Lot 10, said point being northeasterly of and distant 77.00 feet from the most westerly corner of said Lot 10; thence in a straight line to a point in the easterly line of said Lot 10, said point being northerly of and distant 78.00 feet from the most southeasterly corner of said Lot 10. Sewer Easement No. 7 (Lot 11- O.R. 3237/460) • A strip of land, 10.00 feet wide, being 5.00 feet on each side of the following described centerline: Beginning at a point in the westerly line of said Lot 11, said point being northerly of and distant 78.00 feet from the southwesterly corner of said Lot 11; thence S 75 050'00" E a distance of 15.00 feet to an angle point; thence in a straight line from said angle point to a point in the easterly line of said Lot 11, said point being northerly of and distant 80.00 feet from the southeasterly corner of said Lot 11. Sewer Easement No. 8 (Lot 12 - O.R. 3237/464) A strip of land, 10.00 feet wide, being 5.00 feet on each side of the following described centerline: Beginning at a point in the westerly line of said Lot 12, said point being northerly of and distant 80.00 feet from the southwesterly corner of said Lot 12; thence N 80 °38'00" E a distance of 42.00 feet to an angle point; thence in a straight line from said angle point to a point in the northeasterly line of said Lot -12, said point being northwesterly of and distant 76.00 feet from the southeasterly corner of said Lot 12. EXCEPT therefrom the easterly 10.00 feet, measured along the centerline, of said strip of land. • Storm Drain Easement (Lot 9 - O.R. 9532 / 300 The southeasterly 5.00 feet of said Lot 9. • O'1 VICINITY MAP N EXHIBIT B �p 1OF4 \�I qp. l Q STORM DRAIN EASEMENT AREA TO BE VACATED 1\ V SEWER EASEMENT AREA TO BE VACATED . 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HARKLESS, 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. 97 -14, 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 10th day of February, 1997, and that the same was so passed and adopted by the following vote, to wit: Ayes: O Neil, Thomson, Edwards, Hedges, Glover, Noyes, and Mayor Debay Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the • official seal of said City this 11th day of February, 1997. City Clerk of the City of Newport Beach, California