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HomeMy WebLinkAbout8055 - Tract 1117 Utility Easement300 /��a8 ?*6e p,�F�c Coun✓-� 3�a9 i"' 7-31-773 11VS T& v rm OJT tVo. 30'111k RESOLUTION NO. 8055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE VACATION AND ABANDONMENT OF PORTIONS OF A PUBLIC UTILITY EASEMENT WITHIN LOT 2, TRACT NO.1117, BOUNDED BY VIA LIDO, VIA OPORTO AND CENTRAL • AVENUE WHEREAS, the City Council of the City of Newport Beach did, on the 25th day of June, 1973, pass its certain Resolution of Intention No. 8012, declaring its intention to order the vacation and abandonment of portions of a public utility easement within Lot 2, Tract No. 1117, bounded by Via Lido, Via Oporto and Central Avenue, in the City of Newport Beach, hereinafter more particularly described, pursuant to and in accordance with the "Public Service Easements Vacation Law" and all amendments thereto, being Sections 50430, et seq. of the Government Code of the State of California; and WHEREAS, the Public Works Director of the City of Newport Beach has caused to be conspicuously posted along the line of said easement proposed to be vacated and abandoned not more than 300 feet apart and not less than three in all, notices of the vacation and abandonment of said easement, and said notices were posted at least ten days before the date of the hearing of all persons interested in or objecting to the proposed vacation and abandonment all of which will more fully appear from the affidavit of Joseph T. Devlin, Street Superin- tendent of the City of Newport Beach, on file in these proceedings; and WHEREAS, said notices so posted by the Public Works Director of the City of Newport Beach stated the passage of • said Resolution of Intention No. 8012 aforesaid, and the time and place of the hearing before the City Council of all persons -1- interested in or objecting to the proposed vacation of said easement; and WHEREAS, the City Council of the City of Newport Beach did set Monday, July 23, 1973, at 7 :30 o'clock P.M. • on said day as the time, and the Council Chamber located in the City Hall of the City of Newport Beach at 3300 Newport Boulevard, Newport Beach, California, as the place, for hearing all persons interested in or objecting to the proposed vaca- tion and abandonment of said easement; and WHEREAS, a notice of said hearing, giving the date, time, and place :thereof, was published in the official news- paper of the City once each week for at least two successive weeks prior to said hearing, all of which will more fully ap- pear by the affidavit of Arvo E. Haapa, publisher of the Newport Harbor Ensign, said official newspaper, on file in these proceedings; and WHEREAS, the City Council of the City of Newport Beach has heard the evidence, both written and verbal, of all persons interested in the vacation and abandonment of said easement in this resolution more particularly hereinafter described, and finds from all the evidence submitted that said easement described in said Resolution of Intention, and hereinafter described, is unnecessary for present or prospective public use; NOW, THEREFORE, the City Council of the City of Newport Beach finds and determines and hereby orders that portions of a public utility easement in, over and under that certain real property in the City of Newport Beach, County of Orange, State of California, described as follows: PARCEL 1 A portion of that 22.00 foot wide easement granted • to the City of Newport Beach, recorded in Book 2191, page 208 of Official Records of Orange County, over -2- Lot 2 of Tract 1117 as per a map recorded in Book 35, page 48 of Miscellaneous Maps, records of Orange County, California, the centerline of said easement being more particularly described as follows: BEGINNING at a point in the northerly line of said Lot 2, which point is 7.00 feet southeasterly of the beginning of a curve having a radius of 162.55 feet, is said beginning of a curve being at the easterly end of a course with a bearing of South 67 °01'00" East and a length of 90.00 feet; thence South 22 °59100" West along a line parallel with the northwesterly line of said Lot 2, 279.85 feet to an intersection with the southerly line of said Lot 2. EXCEPTING THEREFROM the easterly 18.00 feet of the southerly 104.00 feet of said easement. ALSO EXCEPTING THEREFROM the northerly 175.85 feet of said easement. nnnrWr. I A portion of that 18.00 feet wide easement granted to the City of Newport Beach, recorded in Book 2191, page 208 of Official Records of Orange County, over Lot 2 of Tract 1117 as per a map recorded in Book 35, page 48 of Miscellaneous Maps, records of Orange County, California, the centerline of said easement being more particularly described as follows: BEGINNING at a point in the northeasterly line of said Lot 2, said point being the beginning of a curve having a radius of 460.00 feet, said beginning of curve being at the southerly end of a course with a bearing South 27 030100" East and a length of 177.65 feet; thence South 62 030100" West, 40.88 feet. SUBJECT TO: All Covenants, Rights, Rights -of -Way and Easements of Record. is unnecessary for present or prospective public use, and that it be vacated and abandoned. Said easement to be vacated and abandoned is shown on • certain map entitled "Vacation and Abandonment of Portions of • Public Utility Easement within Lot 2, Tract 1117, in the City of Newport Beach, California ", being Raub, Bein, Frost and As- sociates' drawing dated May 31, 1973, a copy of which is marked Exhibit "B" and attached hereto and by this reference made a part hereof, and which shall be kept on file in the office of • the City Clerk as a part of this resolution. -3- The City Council further orders that the City Clerk of the City of Newport Beach shall cause a certified copy of this Order, duly attested by her as the City Clerk, under the seal of the City, to be recorded in the office of the County Recorder of the County o:fcOrdnge, State of California, immedi- • ately following the passage of this resolution. ADOPTED this 23rd day of July , 1973. ATTEST: RTIFIED AS TH RIGINAL CITY CLERK OF THE CITY OF EWPOR.T BEACH DAM ­ ' JUL 3 0 -W3 • Mayor DON dm 7/17/73 ,I - r= i al a; of �1 M C ( r i of N 50' so, CENTRAL AVENUE N'22_sa.0_[ 35400' r— -- 2.39 =` 2;a 3 T NVI 1i LI11'_ Lo E. = T[lvr ;Il i j 4 24 Io 0 / 522'Si'00'W 1 29135_ Ti r3 LQ a 9 �ma 4° °D A mpa. a �o N ( I A ~9� Nmyn A ly I Y I WI P9ICPC W y[N PI W. a {7O W EXHIBIT 1/8» 9 1I4' a 4 a° J� y B4 OWN 00 / PREPARED FOR: DON ,LOLL INC. 1901 DOVE STREET, NEWPORT BEACH, CALIFORNIA Vacation and Abandonment of Portions of a Public Utilitv Easement Within Lot- 2, Tract No. 1117, in the City of Ne;-0ort Beach, Califo -nia. e MAY 31.1113 `Z�aub`Bein °F7dsr �t��asw�c�;��<= Pi�Of ESCIJNAI E:��PONU[Niw_ EnGNEEP9 a al _.....,. IiO: OVnIy $10.ae f. V E NIOPI Be]CX. C >u IJ INIA vXOnrin.!anlewo lBa w I�