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HomeMy WebLinkAbout92-102 - Vacation and Abandonment of Spyglass RidgeRESOLUTION NO. 92 -102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE VACATION AND ABANDONMENT • OF REEF VIEW CIRCLE, HARBOR CREST CIRCLE, CASTLE COVE CIRCLE, BAY CLIFF CIRCLE, SEA BELL CIRCLE AND A PORTION OF OCEAN BIRCH DRIVE AND SPY GLASS HILL ROAD IN TRACT NO. 7247 (SPYGLASS RIDGE); DIRECTING THE CITY CLERK TO RECORD SAID RESOLUTION WITH THE ORANGE COUNTY RECORDER WHEREAS, the Public Works Director of the City of Newport Beach has presented to the City Council of the City of Newport Beach that certain legal description and map, a copy of which is attached hereto as Exhibit "A" and "B" and incorporated herein by reference, which depicts the following streets located in Tract No. 7247, proposed to be vacated: Reef View Circle, Harbor Crest Circle, Castle Cove Circle, Bay Cliff Circle, Sea Bell Circle and a portion of Ocean Birch drive and Spy Glass Hill Road (hereinafter referred to as "STREETS "), and WHEREAS, on July 27, 1992, the City Council adopted Resolution No. 92 -80, declaring the City's intention to vacate STREETS, and thereby set August 24, 1992 as the date of public hearing to receive testimony from all persons interested in, or objecting to, the proposed vacation of STREETS; and WHEREAS, on August 24, 1992, the City Council postponed the public hearing until September 28, 1992 as the date of public hearing to receive testimony from all persons interested in, or objecting to, the proposed vacation of STREETS; and WHEREAS, the streets to be vacated do not connect to any other public streets except for San Joaquin Hills Road, are not proposed for extension pursuant to the City's Circulation Element and there is no public property for which the sole means of access are the streets to be vacated; and WHEREAS, the City Council of the City of Newport Beach has approved and adopted said map and legal description and directed the City Clerk to file same in proceedings for the vacation of STREETS; and • WHEREAS, the City of Newport Beach has fully complied with the provisions of the Public Streets, Highways and service Easement Vacation law (Streets and Highway Code §8300, et.seq.) in the processing of the proposed vacation of STREETS; and 1 • • WHEREAS, subject to the conditions of vacation set forth below, the City Council finds, from all of the evidence submitted, that STREETS are unnecessary to present or prospective public use. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that STREETS as described in exhibit "A" and depicted on City's Map No. R /W- 5531 -L, a copy of which is attached hereto as Exhibit "B ", be vacated subject to the satisfaction of the conditions set forth below: BE IT FURTHER RESOLVED that the vacation of STREETS is conditioned upon the satisfaction and /or completion of the following: 1. That the Spyglass Ridge Community Association enter into an agreement with the City of Newport Beach, approved as to form and content by the City Manager and City Attorney, pursuant to which the Association agrees to: (a) Maintain a policy of insurance, with the City and members of the Association as additional named insureds, that provides comprehensive general liability coverage in the sum of Five Million Dollars, with respect to any loss, damage or injury, which arises out of, or is in anyway related to, the approval of this Resolution of Vacation, or the use or existence of the streets subsequent to recordation of this Resolution of Vacation. (b) Indemnify, hold harmless, and defend the City of Newport Beach and members of the Association with respect to any loss, or injury that arises out of, or is in any way related to the approval of this Resolution of Vacation or the use or existence of the streets subsequent to recordation of this Resolution. (c) Maintain STREETS in good condition and repair. (d) Obtain an approval of an encroachment permit and /or non - standard improvement agreement from the City through the Public Works Department for the design and installation of a guard gate or gates on Spy Glass Hill Road and /or Ocean Birch Drive. (e) Maintain the sound attenuation wall located within the Ocean Birch right -of -way adjacent to the San Joaquin Hills Road right -of -way. The insurance and indemnification requirements of subsections (a) and (b) shall apply to the sound attenuation wall; (f) Obtain an encroachment permit and /or non - standard improvement agreement from the Public Works Department prior to performing any work in the streets that might adversely affect public facilities such as the installation of speed humps or bumps. OA is 2. The City hereby reserves, and excepts from, this vacation, an easement over STREETS for the purpose of providing public services such as police, fire, trash and other Municipal services; 3. The City reserves, and excepts 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, water lines, storm drains and all pertinent structures in, upon, over, and across STREETS, and pursuant to any existing franchise or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew, or enlarge lines of pipe, conduit, cable, wires, poles and other convenient structures, equipment, fixtures for the operation of gas pipelines, telegraphic and telephone lines, cable TV lines, street lighting facilities, and the transportation or distribution of electric energy or water, and for incidental or related purposes in, upon and over STREETS; BE IT FURTHER RESOLVED that the City Clerk be and hereby is ordered to cause a certified copy of this Resolution and attachments to be recorded in the office of the County Recorder of the County of Orange, after such time that all conditions imposed upon the vacation are satisfied. Adopted this 28th day of September ,1992 DICK \RES0LUTI.ONS \V- TR7247.RES 3 (g) Enter into a binding agreement with the owner of the property, commonly known as 3841 Ocean Birch Drive. The agreement shall provide for conveyance, to the Association immediately upon recordation of this Resolution of Vacation, of the street right -of -way adjacent to and contiguous with the property at 3841 Ocean Birch Drive. The deed shall be presented for . recordation Vacation. concurrently with this Resolution of is 2. The City hereby reserves, and excepts from, this vacation, an easement over STREETS for the purpose of providing public services such as police, fire, trash and other Municipal services; 3. The City reserves, and excepts 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, water lines, storm drains and all pertinent structures in, upon, over, and across STREETS, and pursuant to any existing franchise or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew, or enlarge lines of pipe, conduit, cable, wires, poles and other convenient structures, equipment, fixtures for the operation of gas pipelines, telegraphic and telephone lines, cable TV lines, street lighting facilities, and the transportation or distribution of electric energy or water, and for incidental or related purposes in, upon and over STREETS; BE IT FURTHER RESOLVED that the City Clerk be and hereby is ordered to cause a certified copy of this Resolution and attachments to be recorded in the office of the County Recorder of the County of Orange, after such time that all conditions imposed upon the vacation are satisfied. Adopted this 28th day of September ,1992 DICK \RES0LUTI.ONS \V- TR7247.RES 3 • u Sheet 4 of 5 EXHIBIT "A" Those certain streets in the City of Newport Beach, County of Orange, State of California, shown as Ocean Birch, Reef View Circle, Harbor Crest Circle, Castle Cove Circle, Bay Cliff Circle, Sea Bell Circle and a portion of Spy Glass Hill Road on map of Tract No. 7247 filed in Book 278, Pages 21 through 25 inclusive of Miscellaneous Maps in the office of the County Recorder of said County. RESERVING THEREFROM, a strip of land, 2.00 feet wide, described as follows: The northerly 2.00 feet of Ocean Birch Drive, 66.00 feet, as shown on said map. The southerly line of said strip shall be bounded westerly by the easterly line of Lot 1 of said Tract No. 7247 and bounded easterly by the westerly line of Lot 40 of said tract. ALSO RESERVING THEREFROM, a portion of said Spy Glass Hill Road described as follows: Beginning at the northeasterly corner of that vacated portion of Spy Glass Hill Road as shown on Parcel Map No. 87 -450 filed in Book 240, Pages 31 and 32 of Parcel Maps in the office of said County Recorder; thence along the northerly line of said vacated portion of Spy Glass Hill Road S 86 °59130" W to a line parallel with and 15.00 feet westerly from the easterly line of said Spy Glass Hill Road; thence along said parallel line N 01 °03100" W 129.26 feet; thence N 88 °57100" W 69.00 feet to the westerly line of said Spy Glass Hill Road; thence along said westerly line N 01003100" W 35.00 feet to the beginning of a curve concave southwesterly and having a radius of 25.00 feet; thence northerly and northwesterly along said curve, through a central angle of 98 °1610111, an arc length of 42.88 feet; thence easterly in a direct line to the easterly terminus of that certain curve concave southeasterly and having a radius of 25.00 feet, as shown on said map of Tract No. 7247, said curve being in the easterly boundary of said tract; thence westerly and southwesterly along said curve, through a central angle of 81 °5412011, an arc length of 35.74 feet; thence continuing along said boundary S 01 °03100" E 183.29 feet to the Point of Beginning. • EXHIBIT "B" PUBLIC STREETS TO BE CONVERTED TO PRIVATE STREETS I VACATION OF PUBLIC STREETS FOR CONVERSION TO PRIVATE STREETS Sheet 5 of 5 8 -12 -92 DWG. NO. R /W- 5531 —L