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Home My WebLink About2023-54 - Summarily Vacating a Public Waterline Easement at 352 Poppy Avenue (Portion of Lot 5 of Block “A” of Tract 673)9/27/23. 11:45 AM Batch 16387373 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 II I I II III I III I III I I I III I II NO FEE *$ R 0 0 1 4 5 7 5 9 4 1 $ * 202300023507311:38 am 09/27123 90 CR-SC06 R28 7 0.00 0.00 0.00 0.00 18.00 0.00 0.000.000.00 0.00 THIS SPACE FOR RECORDER'S USE ONLY Exempt Recording Request per Government Code § 27383 RESOLUTION NO. 2023-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, SUMMARILY VACATING A PUBLIC WATERLINE EASEMENT AT 352 POPPY AVENUE (PORTION OF LOT 5 OF BLOCK "A" OF TRACT 673) https:Hgs.secure-erds.com/Batch/Confirmation/16387373 3/6 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: THIS SPACE FOR RECORDER'S USE ONLY Exempt Recording Request per Government Code § 27383 RESOLUTION NO. 2023-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, SUMMARILY VACATING A PUBLIC WATERLINE EASEMENT AT 352 POPPY AVENUE (PORTION OF LOT 5 OF BLOCK "A" OF TRACT 673) RESOLUTION NO. 2023-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, SUMMARILY VACATING A PUBLIC WATERLINE EASEMENT AT 352 POPPY AVENUE (PORTION OF LOT 5 OF BLOCK "A" OF TRACT 673) WHEREAS, the City Council ("City Council") of the City of Newport Beach ("City"), pursuant to Chapter 4 of the Public Streets, Highways and Service Easements Vacation Law, Section 8330 et seq. 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; the date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation and the easement was not used continuously since that date; or the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement; WHEREAS, the property owner of 352 Poppy Avenue has requested the City vacate a 10-foot public waterline easement ("Easement"), which is legally described in Exhibit "A" and shown in Exhibit "B", from the property ("Property"); WHEREAS, the Easement was granted to the City in 1977 but the water main that was proposed to be within the Easement was instead constructed within the East Coast Highway right-of-way and 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; WHEREAS, there are no other waterline facilities or any other public facilities located within the Easement and the Easement is unnecessary for future waterline purposes and is therefore an excess public service easement, and WHEREAS, the City Council, having reviewed and considered the various elements of the City's General Plan with respect to the proposed summary vacation of the Easement, has determined that the proposed summary vacation is consistent with the General Plan; NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby summarily vacate the Easement on the grounds that the Easement is excess, having been superseded by the construction of the waterline main in the East Coast Highway right-of-way, being unnecessary for future waterline purposes, and there are no other public facilities located within the Easement, Resolution No. 2023-54 Page 2 of 3 and that the Easement has not been used for the purpose for which it was dedicated or acquired for the immediately preceding five consecutive years. Section 2: The City Clerk is hereby directed to record this resolution in the office of the Orange County Recorder in accordance with Section 8336 of the California Streets and Highways Code. Section 3: That from and after the date the resolution is recorded, the Easement no longer constitutes a public service easement. Section 4: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 5: 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 6: 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. 2023-54 Page 3 of 3 Section 7: 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 ATTEST: r,44 mom - Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Cr A0 on C. Harp City Attorney Attachment(s): Exhibit A — Legal Description of Easement Exhibit B — Map of Easement EXHIBIT A WATERLINE EASEMENT SUMMARY VACATION LEGAL DESCRIPTION A 10-foot wide waterline easement granted to the City of Newport Beach, California, by Grant of Easement recorded in Book 11708, Page 1109, of Official Record of Orange County, described herein as: "The southwesterly 10.0 feet of the northeasterly 16.00 feet of Lot 5 of Block "A" in Tract 673 as said tract is shown on a map recorded in Book 20, Pages 17 and 18 of Miscellaneous Maps, Records of Orange County, California." 1)" 'tom / /-3o' �O l 380, \TERLINE ,SEMENT AREA i BE SUMMARILY ,CATED -hti NEDisclaimer: N E W P O R T B E N C H Every reasonable effort has been made to assure the accuracy of the data provided, however, The City of CIIG'" Newport Beach and its employees and agents e 0 40 80 disclaim any and all responsibility from or relating to 'any results obtained in its use. Feet a 7/28/2023 EXHIBIT B - MAP OF WATERLINE EASEMENT VACATION 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. 2023-54 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 September, 2023; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Noah Blom, Mayor Pro Tern Will O'Neill, Councilmember Brad Avery, Councilmember Robyn Grant, Councilmember Lauren Kleiman, Councilmember Joe Stapleton, Councilmember Erik Weigand NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 27th day of September, 2023. A"JAWC-- Leilani I. Brown City Clerk Newport Beach, California