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HomeMy WebLinkAbout2013-17 - Summary Vacation of Existing 10-Foot Wide Sewer Easement at 224 Kings Place011 N 91 A am - • CITY CLERK'S OFFICE CITY OF NEWPORT BEACH P.O. BOX 1768 NEWPORT BEACH, CA 92658 Recore i»�ati2 cs, Orange County Renee Ramirez, Assistant Clerk- Recorder III M11 F1 MII0IIII IIIIIlIIIIIIII 1111111 No FEE *$ R 0 0 0 5 6 3 S 4 3 3$ 20130001121;9,871:27 pm 02/27/13 276 4.��,2 R28 k5 CLERK o.00c ©o oa o.rb;12Ad.00 o.00 o.00 Recording Fee: Exempt (Government Code — Section 27383) (Space above this line for Recorder's use) RESOLUTION NO. 2013 -17 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 224 KINGS PLACE (LOT 2, 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 224 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 224 Kings Place; and WHEREAS, the City, as part of the abandonment, constructed an 8 -inch sewer main along Cliff Drive and reconnected 224 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 1j `` ) 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 w 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 12`h day of February, 2013. CITY OF NEWPORT BEACH, A Municipal Corpor Lion 6y: Olt el� Keith D. Curry Mayor City of Newport Beach EXHIBIT "A" PUBLIC SEWER EASEMENT SUMMARY VACATION LEGAL DESCRIPTION A 10 -toot 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 (6) on each side of the following described center lines;" "Lot 2 - Beginning at a point in the northeasterly line of said Lot 2, said point being northwesterly of and distant 80.00 feet from the most easterly corner of said Lot 2; thence south 65 016'30" west, a distance of 7.00 feet." U-1 < 604 )0 r ID 401 LOT 3 EASEMENT TO BE LOT 4 SUMMARILY NOD IQ Jv m 10' EASEMENT VACATED., 39.00' 0 LOT72 601 W*11& 441 76' 75' 80, ( S65016'30"W D �4T LOT I 7.001 cp. 216 ZIZ BLOCK D TRACK 1219 op 231 LOT 6 125' G S - - RP A rp LOT 7 215 201 125 11300 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } 1, 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; that the foregoing resolution, being Resolution No. 2013 -17 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 12'n 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 13th day of February, 2013. ON, -- bn__ City Clerk Newport Beach, California (Seal)