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evidence submitted, that the Easement has been superseded by the relocation of existing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