HomeMy WebLinkAbout2011-100 - Vacation of 10-ft Wide Sewer Easement at 715 St. James RoadRecorded in Official Records, Orange County
RECORDING REQUESTED R6 aly, Clerk- Recorder
WHEN RECORDED RETURN To: I I I 11111111 IN 1111111111111111111111111111111111111111111 NO FEE
7011 NOV -9 /M2f% 05 4517 11:28 am 11102/11
CITY CLERK'S OFFICE 0.00 0.00 0.00 0.00 12.00 0.00 0.00 0.00
CITY OF NEWPORT OF
E Ci I Y D 6?K
POST OFFICE BOX 1768 CITY OF i - -T-
NEWPORT BEACH, CA 92659 -1768
Space above this line for Recorder's use only.
EXEMPT RECORDING REQUEST PER
RESOLUTION NO. 2011-100 GOVERNMENT CODE 27383
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH ORDERING THE VACATION OF AN EXISTING 10 -FOOT WIDE
SEWER EASEMENT AT 715 ST. JAMES ROAD; AND DIRECTING THE
CITY CLERK TO RECORD SAME WITH THE COUNTY RECORDER'S
OFFICE
WHEREAS, the City Council of the City of Newport Beach has received a
request from the property owner of 715 St. James Road to vacate a 10 -foot wide sewer
easement legally described in Exhibit "A" and shown in Exhibit "B "; and
WHEREAS, the City has abandoned the sewer main in this easement at 715 St.
James Road; and
WHEREAS, said property is already connected to the existing 8 -inch sewer line
on St. James Road; and
WHEREAS, the City Council of the City of Newport Beach, pursuant to the
provisions of the Street Vacation Act (Section 8300 of the Street & Highways Code) is
authorized to vacate portions of public easements; 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 the easement on the property and has determined that
the proposed vacation is consistent with the General Plan; and
WHEREAS, with the vacated sewer easement is unnecessary for future sewer
line purposes; and
WHEREAS, a Notice of Vacation was published for at least two (2) successive
weeks prior to the hearing in a newspaper of general circulation in the City of Newport
Beach; and
WHEREAS, that at least two (2) weeks before the day set for hearing, Notices of
the proposed vacation were conspicuously posted adjacent to the easement, and that
Notices were posted not more than three hundred feet (300') apart along St. James
Road. The notices stated the day, hour, and place of the hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Newport Beach that the sewer easement legally described in Exhibit "A" and shown in
Exhibit "B" are hereby ordered vacated and abandoned.
BE IT FURTHER RESOLVED by the City Council of the City of Newport Beach
that the storm drain easement legally described in Exhibit "A" and shown in Exhibit "B"
of the attached Grant of Easement for Storm Drain Purposes form are hereby accepted.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to have this
Resolution and easement documents recorded by the Orange County Recorder.
Adopted this 25th day of October, 2011.
ATTEST:
City Clerk
CITY O,,F NEWPORT BEACH,
A Municipal Corp ration
By:
Mayor
City of Newport Beach
EXHIBIT "A"
SEWER EASEMENT VACATION
LEGAL DESCRIPTION
The easterly 10.00 feet of a 10 -foot wide sewer easement granted to the City of
Newport Beach, California, by deed recorded in Book 3237, Pages 464 -467, of Official
Record of Orange County, California, described in said deed as:
"Being five feet (5') on each side of the following described center line:
Beginning at a point in the westerly line of Lot 12, Tract 1218 as shown upon a map
recorded in Book 37, Pages 47, 48, 49, of Miscellaneous Maps, Records of Orange
County, California, said point being northerly of and distant 80.00 feet from the
southwesterly corner of said Lot 12; thence north 80 30'00" east, 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 Lot 12, said point being north westerly of and distant 76.00 feet
from the southeasterly corner of said Lot 12."
PORTION
PER O.R.
f125
RESIDUAL SEWER
EASEMENT AT
715 ST. JAMES RD
PORTION VACATED
PER RESOL. 97 -21
PORTION
VACATED
PER RESOL,
2007 -13
S4 i, 3 4 5 8 T 8 ss 121 3
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9
EAS
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1 ST. JAMES
" 10
11 12
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52 51 50 49
t72 53
48
Q~
38
40
39
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41
37
STORM DRAIN EASEMENT AREA TO BE VACATED
PER RESOL. 97 -21
SEWER EASEMENT AREA TO BE VACATED PER RESOL. 97 -21
EXHIBIT "B"
STATE OF CALIFORNIA }
COUNTY OF ORANGE
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. 2011 -100 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 25th day of
October, 2011, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Hill, Rosansky, Gardner, Selich, Curry, Daigle, Mayor Henn
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 26th day of October, 2011.
�/""L '� RyU UV Y -'
City Clerk
Newport Beach, California
(Seal)