HomeMy WebLinkAbout2015-18 - Ordering the Summary Vacation of an Existing 4-Foot Wide Sewer Easement at 3235 Ocean Boulevard (Lot 16 and Southeasterly Half of Lot 15 of Tract 1026); and Directing the City Clerk to Record same with the County Recorder’s OfficeRECORDING REQUESTED AND
`WHEN RECORDED RETURN TO:
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
P.O. BOX 1768
NEWPORT BEACH, CA 92658
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk- Recorder
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Recording Fee: Exempt
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RESOLUTION NO. 2015 -18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH ORDERING THE SUMMARY VACATION OF AN EXISTING 4-
FOOT WIDE SEWER EASEMENT AT 3235 OCEAN BOULEVARD (LOT
16 AND SOUTHEASTERLY HALF OF LOT 15 OF TRACT 1026); 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 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 3235 Ocean Boulevard to summarily vacate a 4 -foot
wide public sewer easement legally described in Exhibit "A" and shown in Exhibit "B ";
and
WHEREAS, the City has abandoned a 6 -inch sewer force main within said
easement at 3235 Ocean Boulevard; and
WHEREAS, the City, as part of the abandonment, constructed a 6 -inch sewer
force main along Breakers Drive; 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 public sewer easement on this property
and has determined that the proposed summary vacation is consistent with the General
Plan; and
WHEREAS, the summarily vacated public sewer easement is unnecessary for
future sewer line purposes as the sewer main was relocated to Breakers Drive and
there are no other public facilities within said easement; and
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public sewer easement has been superseded by the relocation of existing sewer main
to Breakers Drive 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 date
this resolution is recorded, the portion of the sewer easement described in Exhibit "A"
and depicted on Exhibit "B" shall be summarily vacated and no longer constitute public
sewer easement.
Adopted this 24`h day of March, 2015.
ATTEST:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
dward D. ge ich
Mayor
for the City of Newport Beach
EXHIBIT "A"
PUBLIC SEWER EASEMENT SUMMARY VACATION
LEGAL DESCRIPTION
A 4 -foot wide sewer easement granted to the City of Newport Beach, California, by
Resolution of Acceptance recorded in Book 2388, Pages 527 through 529, of Official
Record of Orange County, described in said Resolution of Acceptance as:
"The southeasterly 4 -feet of Lot 16, Tract 1026, recorder in Miscellaneous Maps, Book
33, Pages 37 and 38, records of Orange County, California."
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3235 4' SEWER EASEMENT TO
OCEAN BLVD BE VACATED
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EXHIBIT
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STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
1, Leilani 1. 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 -18 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 24" day of March, 2015, and that the same
was so passed and adopted by the following vote, to wit:
AYES: Council Member Peotter, Council Member Curry, Council Member Duffield,
Council Member Muldoon, Mayor Pro Tern Dixon, Mayor Selich
NAYS: None
ABSENT: Council Member Petros
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 251" day of March, 2015.
ak
Chy Clerk
Newport Beach, California
(Seal)