HomeMy WebLinkAbout2021-38 - Declaring the City's Summary Vacation of an Existing Ten (10) Foot Wide Public Utilties Easement within a Portion of Lot 93 of Tract No. 1701 at 628 Malabar Drive and Directing the City Clerk to Record Same with the County Recorder's OfficeBatch 10281560 Confirmation
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658-8915
TITLE OF DOCUMENT:
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
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THIS SPACE FOR RECORDER'S USE ONLY.
Exempt Recording Request per Government Code 27383
RESOLUTION NO. 2021-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH,
CALIFORNIA DECLARING THE CITY'S SUMMARY VACATION OF AN EXISTING
TEN (10) FOOT WIDE PUBLIC UTLITIES EASEMENT WITHIN A PORTION OF LOT
93 OF TRACT NO. 1701 AT 628 MALABAR DRIVE AND DIRECTING THE CITY
CLERIC TO RECORD SAME WITH THE COUNTY RECORDER'S OFFICE
https://gs.secure-recording.com/Batch/Confirmation/l 0281560 05/12/2021
RESOLUTION NO. 2021- 38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, DECLARING THE
CITY'S SUMMARY VACATION OF AN EXISTING TEN
(10) FOOT WIDE PUBLIC UTILITIES EASEMENT WITHIN
A PORTION OF LOT 93 OF TRACT NO. 1701 AT 628
MALABAR DRIVE AND DIRECTING THE CITY CLERK
TO RECORD SAME WITH THE COUNTY RECORDER'S
OFFICE
WHEREAS, the City Council of the City of Newport Beach ("City"), pursuant to the
provisions of Section 8300 et seq. of the Streets and Highways Code (the Public Streets,
Highways and Service Easements Vacation Law), is authorized to vacate public service
easements;
WHEREAS, the City Council, pursuant to Section 8333 of the Streets and
Highways Code is authorized to summarily vacate a public service easement when the
easement has not been used for the purpose for which it was dedicated or acquired for
five consecutive years immediately preceding the proposed vacation; or the easement
has been superseded by relocation, or determined to be excess by the easement holder,
and there are no other public facilities located within the easement;
WHEREAS, the City Council received a request from the property owner of 628
Malabar Drive ("Property") to abandon the portion of the City's public utilities easement
within the Property, as described in Attachment "A" and depicted on Attachment "B", both
of which are attached hereto and incorporated herein for reference ("Easement");
WHEREAS, the Easement is unnecessary for present or future public utilities
purposes;
WHEREAS, there are no public facilities within the Easement;
WHEREAS, the City Council has reviewed and considered the various elements
of the General Plan of the City prior to declaring its intent to vacate the Easement and
has determined that the proposed vacation is consistent with the General Plan;
WHEREAS, based on the nature and location of the Easement, the City Council
determines, in accordance with Sections 892 and 8314 of the Streets and Highways
Code, that the Easement is not useful as a nonmotorized transportation facility; and
WHEREAS, the City Council desires to summarily vacate the Easement pursuant
to the provisions of the Public Streets, Highways, and Service Easements Vacation Law.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Resolution No. 2021-38
Page 2 of 3
Section 1: The City Council does hereby summarily vacate and abandon the
portion of the Easement within the Property, legally described in Attachment "A" and
depicted on the map attached as Attachment "B", both of which are attached hereto and
incorporated herein for reference, based on the evidence submitted. After the date this
resolution is recorded, the Easement will no longer constitute a public service easement.
Section 2: The City Clerk is hereby directed to have this resolution recorded by
the Orange County Recorder.
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 4: 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 5: 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, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
Resolution No. 2021-38
Page 3 of 3
Section 6: 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 11th day of May, 2021.
ATTEST:
vw�wi4&w'-� -1
Lei ani I. Brown
City Clerk U
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
C
Aalon C. Harp
City Attorney
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'SCORN%N
B very
May&
Attachments: Attachment A — Legal Description of Vacated Public Utilities Easement
Attachment B — Map of Vacated Public Utilities Easement
BEING THAT PORTION OF THE EASEMENT FOR PUBLIC UTILITIES LYING WITHIN LOT 93,
IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SHOWN ON TRACT NO. 1701, FILED IN BOOK 52, PAGES 9 AND 10 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF LOT 92 OF SAID TRACT NO. 1701,
SAID EASTERLY CORNER BEING A POINT ON A CURVE CONCAVE SOUTHEASTERLY
HAVING A RADIUS OF 160.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH
31°20'35" WEST; THENCE WESTERLY ALONG SAID CURVE AND THE SOUTHERLY LINE
OF SAID LOT 92, AN ARC DISTANCE OF 31.64 FEET THROUGH A CENTRAL ANGLE OF
11019'49" TO THE BEGINNING OF A REVERSE CURVE HAVING A RADIUS OF 20.00
FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 42040'24" WEST; THENCE
WESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 29.19 FEET THROUGH A CENTRAL
ANGLE OF 83037'14" TO THE WESTERLY LINE OF SAID LOT 92; THENCE ALONG SAID
WESTERLY LINE, NORTH 49003'10" WEST 92.12 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 271.00 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 10.00 FEET
THROUGH A CENTRAL ANGLE OF 02006'53" TO A POINT ON A LINE 10.00 FEET
SOUTHERLY OF AND PARALLEL WITH SAID WESTERLY LINE, A RADIAL LINE TO SAID
POINT BEARS NORTH 51°10'03" WEST; THENCE ALONG SAID PARALLEL LINE, SOUTH
49°03'10" EAST 91.93 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHERLY HAVING A RADIUS OF 30.00 FEET; THENCE EASTERLY ALONG SAID CURVE
AN ARC DISTANCE OF 43.78 FEET THROUGH A CENTRAL ANGLE OF 83037'14" TO THE
BEGINNING OF A REVERSE CURVE HAVING A RADIUS OF 150.00 FEET, A RADIAL LINE
TO SAID POINT BEARS NORTH 42040'24" WEST; THENCE WESTERLY ALONG SAID CURVE
AN ARC DISTANCE OF 29.66 FEET THROUGH A CENTRAL ANGLE OF 11019'49" TO A
POINT ON THE SOUTHEASTERLY PROLONGATION OF THE NORTHEASTERLY LINE OF SAID
LOT 92; THENCE ALONG SAID PROLONGATION, NORTH 31°20'35" WEST 10.00 FEET TO
THE POINT OF BEGINNING.
CONTAINS: 1,592 SQ. FT.
PREPARED BY ME OR UNDER MY DIRECTION.
4'4�aC /ice' p2--02--Zc 7-t
J A. WALDEN, P.LS. 7914 DATE
ALDEN & ATTACHMENT "A"
VA
SSOCIATES LEGAL DESCRIPTION
VACATION OF EASEMENT FOR PUBLIC UTILITIES
628 MALABAR DRIVE, NEWPORT BEACH, CALIFORNIA
CIVIL ENGINEERS -LAND SURVEYORS -PLANNERS APN: 050-293-11
2552 WHITE ROAD, SUITE B - IRVINE, CA 92614-6236 W.O. No. 2032-369-002 Date 02/02/2021
(949) 660-0110 FAX: 660-0418 Engr. B.J.W. Chk'd. J.W. Sheet 1 of 1
I%
CURVE TABLE
CURVE
DELTA
RADIUS
LENGTH
C7
6022'24"
271.00'
30.14'
C8
2°06'53"
271.00'
10.00'
C9
17042'35"
271.00'
83.76'
C10
11019'49"
150.00'
29.66'
C 11
83037'14!'
30.00'
43.78'
C12
83037'14!'
20.00'
29.19'
C13
11°19'49"
160.00'
31.64'
EXISTING 10'
EASEMENT FOR
PUBLIC UTILITIES
Mr -r% 'rMAA'r Lin A -9n•
LOT
AREA OF EASEMENT
TO BE VACATED
40 20 0 40
SCALE IN FEET
1 INCH = 40 FEET
R���
wss
EN & ATTACHMENT "B"
0 IATES SKETCH TO ACCOMPANY LEGAL DESCRIPTION
VACATION OF EASEMENT FOR PUBLIC UTILITIES
628 MALABAR DRIVE, NEWPORT BEACH, CALIFORNIA
CIVIL ENGINEERS -LAND SURVEYORS -PLANNERS APN: 050-293-11
2552 WHITE ROAD, SUITE B - IRVINE, CA 926I4-6236 W.O. No. 2032-369-002 Date 02/02/2021
(949) 660-01 10 FAX: 660-0418 Engr. B.J.W. Chk'd. J.W. Sheet 1 of 1
Parcel Name: PUE
P.O.B.: North: 4,757.463'
CURVE:
Delta: 11* 19'49"
Tangent: 14.88'
Course In: S 31 °20'35" E
RP North: 4,629.353'
End North: 4,739.637'
CURVE:
Delta: 830 37' 14"
Tangent: 26.83'
Course In: N 42040'24" W
RP North: 4,761.694'
End North: 4,739.035'
LINE: :
Course: N 49°03'10" W
North: 4,799.282'
CURVE:
Delta: 02° 06'53"
Tangent: 5.00'
Course In: S 51 010'03" E
RP North: 4,629.353'
End North: 4,806.957'
LINE: :
Course: S 49°03'10" E
North: 4,746.591'
CURVE:
Delta: 830 37' 14"
Tangent: 17.89'
Course In: N 40°56'50" E
RP North: 4,761.697'
End North: 4,746.993'
CURVE:
Delta: 110 19'49"
Tangent: 15.87'
628 MALABAR DR.
PUE VACATION
East: 5,581.357'
Radius: 150.00'
Chord: 29.61'
Course Out: N 42°40'24" W
East: 5,659.381'
East: 5,557.708'
Radius: 30.00'
Chord: 40.00'
Course Out: S 40°5650" W
East: 5,537.374'
East: 5,517.713'
Length: 91.93'
East: 5,448.277'
Radius: 271.00'
Chord: 10.00'
Course Out: N 49003'10" W
East: 5,659.381'
East: 5,454.691'
Length: 92.12'
East: 5,524.263'
Radius: 20.00'
Chord: 26.67'
Course Out: S 42°40'24" E
East: 5,537.370'
East: 5,550.927'
Radius: 160.00'
Chord: 31.59'
Length: 29.66'
Course: S 52059'30" W
Length: 43.78'
Course: S 89008'13" W
Length: 10.00'
Course: N 39053'24" E
Length: 29.19'
Course: N 89°08'13" E
Length: 31.64'
Course: N 52059'30" E
Course In: S 42040'24" E
RP North: 4,629.356'
End North: 4,766.007'
LINE: :
Course: S 31020'35" E
North: 4,757.466'
Perimeter: 338.32'
Error Closure: 0.0050
Error North : 0.0030
Precision 1: 67,662.00
Course Out: N 31'20'35" W
East: 5,659.377'
East: 5,576.152'
Length: 10.00'
East: 5,581.353'
Area: 1,592 Sq.Ft. 0.037 Acres
Course: N 48039'16" W
East: -0.0034
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. 2021-38 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 11th day of May, 2021, and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Brad Avery, Council Member Noah Blom, Council Member Joy Brenner,
Council Member Diane Dixon, Council Member Duffy Duffield, Council Member
Will O'Neill
NAYS: None
RECUSED: Mayor Pro Tem Kevin Muldoon
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 121h day of May, 2021.
Leilani I. Brown
City Clerk
Newport Beach, California