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Home My WebLink About2012-93 - Ordering the Vacation of Existing Sewer Easement at 205 Carnation Avenue and 101 Bayside Place; and Directing the City Clerk to Record Same with the County Recorder's Officeg° RECORDING�'�/ WHEN RECORDED RETUR= CITY CLERK'S OFFICE „- CITY OF NEWPORT BETA" POST OFFICE BOX 1768 NEWPORT BEACH, CA 92659 -1768 Recorded In Official Records, Orange County ` Tom Daly, Clerk-Recorder IIIIII��IIIIIIIIIIIIIIUIIIUIIIIIIIIIIIIIIIIIIIIIIIIIIII��IIIII�IIIIIII NO FEE + $ R O p p 5 2 9 4 9 4 1$* 2012000870267 9:28 am 11/01/12 80 414 R28 6 0.00 0.00 0.00 0.00 12.00 0.00 0.00 0.00 Space above this line for Recorder's use only. EXEMPT RECORDING REQUEST PER RESOLUTION NO. 2012 -93 GOVERNMENT CODE 27383 1, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE VACATION OF EXISTING SEWER EASEMENT AT 205 CARNATION AVENUE AND 101 BAYSIDE PLACE; AND DIRECTING THE CITY CLERK TO RECORD SAME WITH THE COUNTY RECORDER'S OFFICE WHEREAS, the City has an existing 5 -foot wide sewer easement at 205 Carnation Avenue and 101 Bayside Place; and WHEREAS, the City Council of the City of Newport Beach has received a request from Advanced Group 99 -D to vacate said easement pursuant to the project's Condition of Approval No. 59 of Resolution No. 2009 -52; and WHEREAS, the development of the approved Aerie Project will involve the abandonment of the existing 5 -foot sewer easement; and WHEREAS, the City Council of the City of Newport Beach, pursuant to the provisions of the Street Vacation Act {Section 8300 of the Street & Highways Code} is authorized to vacate portions of public easements; 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 vacate easements on the property and has determined that the proposed vacations are consistent with the General Plan; and WHEREAS, with the new sewer easements, the vacated sewer easements are unnecessary for future sanitary sewer purposes; 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 WHEREAS, that at least two (2) weeks before the day set for hearing, Notices of the proposed vacation were conspicuously posted adjacent to the easement, and that Notices were posted not more than three hundred feet (300') apart along Carnation Avenue and Bayside Place. The notices stated the day, hour, and place of the hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the sewer easement legally described in Exhibit "A" and shown in Exhibit "B" are hereby ordered to be vacated and abandoned. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to have this Resolution and easement documents recorded by the Orange County Recorder. Adopted this 23rd day of October, 2012. ATTEST: �vp'�' ° 1:6� Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A Municipal Corpor ' f By_r Nancy Gap *r Mayor for the City of Newport Beach EXHIBIT 'A" LEGAL DESCRIPTION In the City of Newport Beach, County of Orange, State of California, being a portion of the easement described in the Grant of Easement recorded May 20, 1949 in Book 1846, Page 16 of Official Records in the office of the County Recorder of said County, lying southwesterly of that certain course described in said deed as "North 50 01930" West along the Southerly line of said land conveyed to Newell, 120 feet" and southeasterly of the southwesterly prolongation of that certain courses described in said deed as "North 39°40`30" East parallel to the Northwesterly line of said Carnation Avenue, 270.60 feet ", lying within Block "D" of Corona del Mar as shown on a Map recorded in Book 3, Pages 41 and 42 of Miscellaneous Maps, in the office of said County Recorder. As shown on Exhibit "B ", attached hereto and by this reference made a part hereof Robert L. Wheeler IV, L.S. 8639 Date: 0'112911 Z Revised. September 13, 2012 August 29, 2012 WO No. 751 -5X Page 1 of 1. H &A Legal No. 7900 By: R. Wheeler Checked By: P. Huddleston EXHIBIT "B" Sketch to Accompany Legal Description () INDICATES RECORD DATA PER BOOK 1846, PAGE 16 D.R. INDICATES PORTION OF EASEMENT BEING QUITCLAIMED ---- INDICATES PROPOSED TRACT NO. 16882 s �5 O ` r\ Il \ GRANT OF EASEMENT RECORDED MAY 20, 1949 IN \ BOOK 1846, PAGE 16 O.R. PARCEL 1 '•, \\ �� rQ_ \ �� INST. NO. 2009000661003, O.R. c" a »� �3 \— PROPOSED TFL 16882 — PARCEL A INST. NO, 2008000094383, O-R. GRANT OF EASEMENT RECORDED MAY 20, 1949 IN BOOK 1846, PAGE 16 D.R. P� 1 h ®HLTNSAKER & ASSOCIATES I R V I N E I N C CITY EASEMENT QUITCLAIM PLANNING ENGINEERING • SURVEYING Three HughP • Imrre CA 92618 • PR (949) 5833101Q • FX: (949) 5830259 IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA DATE: 08 29 12 I QniE 09/28/12 1 097 R. WHEELERI aY' P. HUDDLESTON I SCALE: 1 " =60' 1 W.O. 751 -5X I: \Aerie \LD 7900 — CITY \SHTO1.dwg I HFEA LEGAL No. 7900 1 SHEET 1 OF 1 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; that the foregoing resolution, being Resolution No. 2012 -93 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 23rtl day of October, 2012, and that the same was so passed and adopted by the following vote, to wit: Ayes: Hill, Rosansky, Curry, Selich, Henn, Daigle, Mayor Gardner Noes: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 24'" day of October, 2012. 0 11 & - § City Clerk Newport Beach, California (Seal)