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Home My WebLink About2013-15 - Summary Vacation of Existing 10-Foot Wide Sewer Easement 216 Kings PlaceRECORDING REQUESTED AND HECIEIi /�F) WHEN RECORDED RETURN TO: Recorded in 814icial Records, Orange County .1pr3 CITY CLERK'S OFFICE CITY OF NEWPORT BEACH T -g P.O. BOX 1768 C' NEWPORT BEACH, CA 92658 NO FEE 0 5 6 3 5 4 3 1$* 219791:27 pm 02/27113 S 1 {t 0.00 12.00 0.00 0.00 0.00 Recording Fee; Exempt (Government Code — Section 27383) (Space above this line for Recorder's use) RESOLUTION NO. 2013-15 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 216 KINGS PLACE (LOT 4, 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 sea.), is authorized to summarily vacate public easements; and WHEREAS, the City Council of the City of Newport Beach has received a request from the property owner of 216 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 216 Kings Place; and WHEREAS, the City, as part of the abandonment, constructed an 8 -inch sewer main along Cliff Drive and reconnected 216 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 V�= Wit' 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 feast two (2) successive weeks prior to the hearing in a newspaper of general circulation in the City of Newport 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. ATTEST: a •'�Y� Leilani 1, Brown City Clerk CITE' OF NEWPORT BEACH, A Municipal Corporatio By: Keith D. Curry Mayor City of Newport Beach EXHIBIT "A" 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 4 - Beginning at a point in the southeasterly line of said Lot 4, said point being northeasterly of and distant 75.00 feet from the southeasterly corner of said Lot 4; thence in a straight line to a point in the westerly line of said Lot 4, said point being northerly of and distant 76.00 feet from the southwesterly corner of said Lot 4." 604 600 Ulm LOT 2 S65'16'30"W 7.00' LOT I BLOCK D TRACK 1219 231 1'30 1 0# 80, co CR 2:zo 601 EASEMENT TO BE SUMMARILY VACATED LOT 41 hr 76' r 75' 216 LOT 5 - 10' EASEMENT Ike A.",D 215 201 Wlowflmm LOT 6 125' LOT 7 ao 1 1300 LOT 3 N65'16'30"E 39.00, 1'30 1 0# 80, co CR 2:zo 601 EASEMENT TO BE SUMMARILY VACATED LOT 41 hr 76' r 75' 216 LOT 5 - 10' EASEMENT Ike A.",D 215 201 Wlowflmm LOT 6 125' LOT 7 ao 1 1300 STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } 1, Leilani 1. 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 -15 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 12t11 day of February, 2013, and that the same was so passed and adopted by the following vote, to wit: Ayes: Gardner, Petros, 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 131h day of February, 2013. t,44� bm�:: City Clerk - -?— Newport Beach, California (Seal)