HomeMy WebLinkAbout2013-14 - Summary Vacation of Existing 10-Foot Wide Sewer Easement 212 Kings PlaceRECORDING REQUESTED —I1 J(
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Recorded in Official Records, Orange County
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RESOLUTION NO. 2013 -14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH ORDERING THE SUMMARY VACATION OF AN EXISTING 10-
FOOT WIDE SEWER EASEMENT AT 212 KINGS PLACE (LOT 5,
BLOCK D OF TRACT 1219); 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 Chapter 4
of the California Streets and Highways code (Sections 8330 et seg.), is authorized to
summarily vacate public easements; and
WHEREAS, the City Council of the City of Newport Beach has received a
request from the properly owner of 212 Kings Place to summarily vacate a 10 -foot wide
public sewer easement legally described in Exhibit "A" and shown in Exhibit "B'; and
WHEREAS, the City has abandoned a 6 -inch sewer main within said easement
at 212 Kings Place; and
WHEREAS, the City, as part of the abandonment, constructed an 8 -inch sewer
main along Cliff Drive and reconnected 212 Kings Place; and
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 public sewer easement on this property
and has determined that the proposed summary vacation is consistent with the General
Plan; and
WHEREAS, the summarily vacated public sewer easement is unnecessary for
future sewer line purposes as the sewer main was relocated to Cliff Drive and there are
no other public facilities within said easement; and
WHEREAS, a Notice of Vacation was published for at least two (2) successive
weeks prior to the hearing in a newspaper of general circulation in the City of Newport
Beach.
NOW, THEREFORE, be it resolved by the City Council of the City of Newport
Beach that the portion of public sewer easement legally described in Exhibit "A," and
depicted on the map attached as Exhibit "B" based on the evidence submitted, that the
public sewer easement has been superseded by the relocation of existing sewer main
to Cliff Drive and that there are no other public facilities located within the public sewer
easement. By this resolution the public sewer easement described in Exhibit "A" and
depicted on Exhibit "B" is hereby ordered summarily vacated and abandoned.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to have this
resolution recorded by the Orange County Recorder and that from and after the date
this resolution is recorded the portion of the sewer easement described in Exhibit "A°
and depicted on Exhibit "B" shall be summarily vacated and no longer constitute public
sewer easement.
Adopted this 12th day of February, 2013.
CITY OF NEWPORT BEACH,
A Municipal Corp ration
Keith D. Curry
Mayor
City of Newport Beach
EXHIBIT "A"
PUBLIC SEWER EASEMENT SUMMARY VACATION
LEGAL DESCRIPTION
A 10 -foot wide sewer easement granted to the City of Newport Beach, California, by
Resolution of Acceptance recorded in Book 3237, Pages 507 through 523, of Official
Record of Orange County, described in said Resolution of Acceptance as:
'Being over a portion of Lots 2 to 10 inclusive of Block D, Tract #1219 as shown upon a
map recorded in Book 38, pages 26,27 of Miscellaneous Maps, Records of Orange
County, California, and being ten feet in width, five feet (5) on each side of the following
described center lines ;"
"Lot 5 - Beginning at a point in the southeasterly line of said Lot 5, said point
being northeasterly of and distant 125.00 feet from the southeasterly
corner of said Lot 5; thence in a straight line to a point in the
northwesterly line of said Lot 5, said point being northeasterly of and
distant 75.00 feet from the southwesterly corner of said Lot 5."
Goi
EASEMENT TO BE
SUMMARILY VACATED
LOT 3
3900' 1U EASEMENT
LOT 2
LOTI CP. 1-0
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
3, Leilanl 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; that the foregoing resolution, being Resolution
No. 2013 -14 was duly and regularly introduced before and adopted by the City Council of said City at a
regular meeting of said Council, duly and regularly held on the 12th day of February, 2013, and that the
same was so passed and adopted by the following vote, to wit:
Ayes: Gardner, Pettus, Hill, Selich, Henn, Daigle, Mayor Curry
Nays: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 13'h day of February, 2013.
m-. - �
City Clerk
Newport Beach, California
(Seal)