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Home My WebLink About2021-100 - Declaring the City’s Summary Vacation of a Portion of an Existing Ten (10) Foot Wide Storm Drain Easement within a Portion of Lots 17 and 23 of Tract No. 7223 at 23 Augusta Lane and 9 Greenbriar LaneBatch 12398741 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: Page 1 of 2 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 1111111111 jI 11 111, J1 11' J 11jj NO FEE *$ R 0 0 1 3 3 2 5 3 5 2$* 2021000696289 9:54 am 11112121 90 PP2A R28 8 0.00 0.00 0.00 0.00 21.00 0.00 0.000.000.00 0.00 THIS SPACE FOR RECORDER'S USE ONLY. Exempt Recording Request per Government Code 27383 RESOLUTION NO. 2021-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA DECLARING THE CITY'S SUMMARY VACATION OF A PORTION OF AN EXISTING TEN (10) FOOT WIDE STORM DRAIN EASEMENT WITHIN A PORTION OF LOTS 17 AND 23 OF TRACT NO. 7223 AT 23 AUGUSTA LANE AND 9 GREENBRIAR LANE https://(,s.secure-recordinL,,.comBatch/Confirmatioii/12398741 11 /12/2021 RESOLUTION NO. 2021-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DECLARING THE CITY'S SUMMARY VACATION OF A PORTION OF AN EXISTING TEN (10) FOOT WIDE STORM DRAIN EASEMENT WITHIN A PORTION OF LOTS 17 AND 23 OF TRACT NO. 7223 AT 23 AUGUSTA LANE AND 9 GREENBRIAR LANE WHEREAS, the City Council of the City of Newport Beach ("City"), pursuant to the provisions of Section 8300 etseq. of the California 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 California 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dedicated or acquired for five consecutive years immediately preceding the proposed vacation; or the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement; WHEREAS, the City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 owners of 23 Augusta Lane and 9 Greenbriar Lane ("Properties") to abandon the portion of the City's storm drain easement within the Properties, 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 storm drain purposes; WHEREAS, there are no other public facilities located 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; and WHEREAS, based on the nature and location of the Easement, the City Council determines, in accordance with Sections 892 and 8314 of the California Streets and Highways Code, that the Easement is not useful as a nonmotorized transportation facility. Resolution No. 2021-100 Page 2 of 3 NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby summarily vacate and abandon the portion of the Easement within the Properties described in Attachment "A" and depicted on Attachment "B", both of which are attached hereto and incorporated herein by this reference. 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 o`f 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. 2021-100 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 26th day of October, 2021. I` ra�i-Y 1ery }� ATTEST: 4m,�4."e Brown City Clerk APPROVED AS TO FORM: CITY TTORNEY'S OFFICE oma./' ..✓�.� Aar n C. Harp City Attorney Attachment(s): Attachment A — Legal Description of Vacated Storm Drain Easement Attachment B — Map of Vacated Storm Drain Easement ATTACHMENT "A1' STORM DRAIN EASEMENT VACATION 23 AUGUSTA LANE, NEWPORT BEACH, CA (LEGAL DESCRIPTION) THAT PORTION OF A 10 FOOT WIDE STORM DRAIN EASEMENT DEDICATED TO THE CITY OF NEWPORT BEACH, PER TRACT NO. 7223, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 274, PAGE 7, LYING OVER THAT PORTION OF LOT 23 OF SAID TRACT MAP, BEING 5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID LOT 23, SAID POINT BEING SOUTHEASTERLY OF AND DISTANT 4.83 FEET FROM THE NORTH CORNER OF SAID LOT 23; THENCE SOUTH 13049'46" WEST 75.60 FEET; THENCE SOUTH 85°04'38" WEST 8.34 FEET TO THE POINT OF TERMINATION IN THE SOUTHWESTERLY LINE OF SAID LOT 23, SAID POINT BEING SOUTHEASTERLY OF AND DISTANT 41.21 FEET FROM THE NORTHWESTERLY CORNER OF SAID LOT 23. THE SIDELINES OF SAID STORM DRAIN EASEMENT SHALL BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN THE SOUTHWESTERLY LINE OF SAID LOT 23 AND NORTHERLY IN THE NORTHERLY LINE AND NORTHWESTERLY LINE OF SAID LOT 23. CONTAINING AN AREA OF 839 SQUARE FEET, MORE OR LESS. SEE ATTACHMENT "B" ATTACHED HERETO AND BY THIS REFERENCE MAD A PART HEREOF. THIS DESCRIPTION HAS BEEN PREPARED E OR UNDER MY DIRECTION 79/30/2021 PAU D. AFT, P.L.S. 8516 LICENSE NEWAL DATE: 12/31/22 SHEET 1 OF 2 ATTACHMENT "A" STORM DRAIN EASEMENT VACATION 9 GREENBRIAR LANE, NEWPORT BEACH, CA (LEGAL DESCRIPTION) THAT PORTION OF A 10 FOOT WIDE STORM DRAIN EASEMENT DEDICATED TO THE CITY OF NEWPORT BEACH, PER TRACT NO. 7223, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 274, PAGE 7, LYING OVER THAT PORTION OF LOT 17 OF SAID TRACT MAP, BEING 5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT IN THE NORTHEASTERLY LINE OF SAID LOT 17, SAID POINT BEING SOUTHEASTERLY OF AND DISTANT 41.21 FEET FROM THE NORTH CORNER OF SAID LOT 17; THENCE SOUTH 85°04'38" WEST 19.83 FEET; THENCE SOUTH 49°21'37" WEST 89.30 FEET TO THE POINT OF TERMINATION IN THE SOUTHWESTERLY LINE OF SAID LOT 17, SAID POINT BEING NORTHWESTERLY Or AND DISTANT 75.00 FEET FROM THE SOUTHWESTERLY CORNER OF SAID LOT 17. THE SIDELINES OF SAID STORM DRAIN EASEMENT SHALL BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN THE SOUTHWESTERLY LINE OF SAID LOT 17 AND NORTHERLY IN THE NORTHEASTERLY LINE OF SAID LOT 17. CONTAINING AN AREA OF 1,091 SQUARE FEET, MORE OR LESS, SEE ATTACHMENT "B" ATTACHED HERETO AND BY THIS REFERENCE MAD A PART HEREOF. IN THIS DESCRIPTION HAS BEEN PREPARED OR UNDER MY DIRECTION a a a No. 8516 9/30/2021 sTgr PAU Dt .L.S. 8516 F OF CALF` LICENSL DATE: 12/31/22 SHEET 1 OF 2 SCALE: 1"=30' ATTACHMENT "B" STORM DRAIN EASEMENT VACATION 23 AUGUSTA LANE, NEWPORT BEACH, CA (SKETCH) i POINT OF BEGINNING tKh�`o0 k ',-- _ �a ,o'^ / 0) W 15 SA.OA. 57, TRACT NO. 7223 gliff 77 33,55„ w 101.91, - 1 l0'srCRM D 9 ~ _ G rRACr NQ RAIIV 7223 �E?74Nr PM.ER 1 9 S 18 �� 9 A=54'50'42" 23 R=48.00' L=45.95' POINT--/ 12sr6. OF SIr TERMINATION 'jA� ,SSO6 may, O � O LEGEND: =10' STORM DRAIN EASEMENT VACATION THIS DESCRIPTION HAS BEEN PREPARED 7 ;97 MY DIRECTION 9/30/2021 PAUL D. qRAFT, P.L.S. 8516 LICENSE RENEWAL DATE: 12/31/22 � r O 22 M.M. 274/7-18 SHEET 2 OF 2 SCALE: I"=30' ATTACHMENT "B" STORM DRAIN EASEMENT VACATION 9 GREENBRIAR LANE, NEWPORT BEACH, CA (SKETCH) �o 385'0438W J 19.83' rbo/ 2� �O s jo• 'LA � •S �s \ '�9�� ./ TRACT NO. 7223 A� POINT OF ��• / BEGINNING POINT OF 2 \ 1 TERMINATION \ 10' STORM DRAIN J` PER TRACT NO. cP. \ L=57.97' 6=69'1 f 50„ R=48.00' �J EASEMENT 7223, M.M. 274/7-18 G R E E N B R 1 E R LAN E LEGEND: ._7 = 10' STORM DRAIN EASEMENT VACATION THIS DESCRIPTION HAS BEEN PREPARED ;;7 R MY DIRECTION 9/30/2021 P41L D. C AFT, P.L.S. 8516 LICENS RENEWAL DATE: 12/31/22 23 Sl o M.M. 274/7-18 SHEET 2 OF 2 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. 2021-100 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 261h day of October, 2021; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon, Council Member Noah Blom, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council Member Will O'Neill NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 27th day of October, 2021. Aw Leilani I. Brown City Clerk Newport Beach, California