Loading...
HomeMy WebLinkAbout2018-75 - Ordering The Summary Vacation of an Existing 10 Foot Wide Sewer Easement at 1721 Kings Road (Lot 9 Of Tract 1221) And Directing the City Clerk to Record Same with The County Recorder's OfficeRESOLUTION NO. 2018-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ORDERING THE SUMMARY VACATION OF AN EXISTING 10 FOOT WIDE SEWER EASEMENT AT 1721 KINGS ROAD (LOT 9 OF TRACT 1221) 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 the provisions of the Public Streets, Highways and Service Easements Vacation Law (Section 8330 et seq. of the Streets & Highways Code), is authorized to vacate public service easements; WHEREAS, the City Council of the City of Newport Beach has received a request from the property owner of 1721 Kings Road ("Property") to summarily vacate a ten (10) foot public sewer easement legally described in Exhibit "A" and shown in Exhibit "B" ("Easement"),- WHEREAS, "Easement"); WHEREAS, there are no public facilities within the portion of the Easement being summarily vacated; 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 Easement on this property and has determined that the proposed summary vacation is consistent with the General Plan; and WHEREAS, the Easement is unnecessary for future sewer line purposes as the sewer main was relocated along the Property's southerly property line and there are no other sewer facilities within said Easement. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby vacate the Easement, as legally described in Exhibit "A," and depicted on the map attached as Exhibit "B," based on the evidence submitted, that the Easement has been superseded by the relocation of existing sewer main to the Property's southerly property line and that there are no other public facilities located within the Easement. Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Resolution No. 2018-75 Page 2 of 2 Section 3: 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 4: 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. Section 5: 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 23,d day of October, 2018. ATTEST: r Leilani I. Brow City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE di44_ �g . _ Far -,Aaron C. Harp City Attorney U '%_O Marshall "D ffy', Du If i e I d Mayor Attachments: Exhibit A — Legal Description for Sewer Easement Vacation Exhibit B — Map of Sewer Easement Vacation EXHIBIT "A" LEGAL DESCRIPTION SEWER EASEMENT VACATION Being that portion of the 10.00 foot easement as shown in the Resolution of Acceptance recorded October 7, 1955 in Book 3237, Page 398 of Official Records, Lying within Lot 10 of Tract 1221 in the City of Newport Beach, County of Orange, State of California, as shown on the map filed in Book 41, Page 11 of Miscellaneous Maps in the Office of The County Recorder of said County, more particularly described as follows: Being 10.00 feet in width, five feet (5.00') on each side of the following described center line: Beginning at a point in the southeasterly line of said Lot 10, said point being southwesterly of and distant 95.00 feet from the northeasterly corner of said Lot 10: thence south 80°03'10" west, a distance of 30.00 feet; thence north 65056'50" west, a distance of 41.00 feet to an angle point; thence in a straight line to a point in the northwesterly line of said Lot 10, said point being southwesterly of and distant 73.00 feet from the northwesterly corner of said Lot 10. Excepting therefrom the easterly 5.00 feet of said 10.00 foot easement as measured along said center line. As shown on Exhibit "B" attached hereto and made a part hereof. CURVE TABLE LINE TABLE BEARING I CURVE DELTA RADIUS LENGTH S81 °33'W � 18.65' L2 C1 I 9°34' � 370' � 61.78' L3 580°08'10"W 5' C2 V°3-7- S80008'11 0"W 25' L5 N65056'50"W 41' L6 N88019'50"W 9.41' LOT 11 95' `\ S °33'10°W Q LOT 10 L3 164.22 0 TRACT 1221 L4 10' EASEMENT TO BE VACATED ry z L5 J C2 L6 S1 °40'10"W 73' i i 129.12 LOT 9 SCALE 1"=50' CITY OF NEWPORT BEACH DEPARTMENT OF PUBLIC WORKS EXHIBIT B SKETCH FOR SEWER EASEMENT VACATION DATE: 10/22/18 CURVE DELTA RADIUS LENGTH�LINE LINE TABLE BEARING I DISTANCE L1 S81 °33'W � 18.65' L2 190' 5.08' CURVE DELTA RADIUS LENGTH�LINE LINE TABLE BEARING I DISTANCE L1 S81 °33'W � 18.65' L2 N69°07'30"W 75' L3 580°08'10"W 5' L4 S80008'11 0"W 25' L5 N65056'50"W 41' L6 N88019'50"W 9.41' 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; the foregoing resolution, being Resolution No. 2018-75 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 23rd day of October, 2018; and the same was so passed and adopted by the following vote, to wit: AYES: Council Member Brad Avery, Council Member Diane Dixon, Council Member Jeff Herdman, Council Member Kevin Muldoon, Council Member Scott Peotter, Mayor Duffy Duffield NAYS: None ABSENT: Mayor Pro Tem Will O'Neill IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 241h day of October, 2018. Leilani I. Brown ` City Clerk Newport Beach, California