HomeMy WebLinkAbout99-32 - Bay Island Public Service Easement & Sewer System VacationRECORDING REQUESTED BY AND Recorded in the county of orange, California
WHEN RECORDED(f�1R1}I a—_n Gary L. Granville, Clerk/Recorder
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City Clerk '99 MAY 14 A9 :55 005 20020628 20990335125 11:03am 05/07/99
City of Newport Beach R28 6 6.00 15.00 0.00 0.00 0.00 0.00
P. O. Box 1768 , p C' CLGn
Newport Beach ,'L;
THIS SPACE FOR RECORDER'S USE ONLY.
Exempt Recording Request per Government Code 6103
RESOLUTION NO. 99 32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH
ORDERING THE VACATION AND ABANDONMENT OF BAY ISLAND PUBLIC NF
SERVICE EASEMENT AND SEWER SYSTEM; 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 the
provisions of the Public Streets, Highways and Service Easements Vacation Law (Section
• 8300 et sec. of the Streets & Highways Code) is authorized to vacate a public service
easement; 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 this Bay Island 10' wide sewer right of way, ( "Public Service
Easement ") and has determined that the proposed vacation is of a minor nature and is
consistent with the General Plan; and
WHEREAS, the City Council finds and determines from all of the evidence
• submitted that the Bay Island public service easement and sewer system described
herein is located on private property under a single property owner and unnecessary for
present or prospective public use; and
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WHEREAS, the City Council of the City of Newport Beach desires to vacate the
• Bay Island public service easement and sewer system, legally described in the attached
Exhibit "A" and depicted on a map as Exhibit "B ", the vacation to be processed pursuant
to the provisions of the Streets, Highways and Service Easements Vacation Law.
WHEREAS, Notice of the intention to vacate and abandon the public service
easement was given in accordance with California Streets & Highways Code, Section
8322 and 8323.
NOW, THEREFORE, be it resolved by the City Council of the City of Newport
Beach that the Bay Island public service easement and sewer system, legally described
in the attached Exhibit "A ", and depicted on the map as Exhibit "B" is hereby ordered
• vacated and abandoned.
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BE IT FURTHER RESOLVED that the City Clerk is hereby directed to have this
resolution recorded by the Orange County Recorder.
Adopted this 26th day of April 1999.
ATTEST:
CITY CLERK
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EXHIBIT "A"
That certain public service easement and sewer system in the City of
Newport Beach, County of Orange, State of California as described in Deed
to the City of Newport Beach recorded in Book 561, Page 156 of Official
Records in the office of the County Recorder of said County more
particularly described as follows:
Beginning at a point in the centerline of the alley, %00 feet wide, as shown
on map of Block A, East Newport Tract filed in Book 4, Page 51 of
Miscellaneous Maps in the office of said Recorder, said point beginning
15.00 feet southeasterly of the southeasterly line of Island Avenue, 50.00
feet wide, as shown on said map; thence N73 027'50 "W along said
centerline and the northwesterly prolongation thereof to a line parallel with
and 6 feet northwesterly, measured at right angles, from said southeasterly
line of Island Avenue; thence N16 035'19 "E along said parallel line to a point
along the westerly side of a private bridge across an arm of Newport Bay, a
distance of one hundred eleven (111) feet; thence north 35 055' East along
the westerly side of the aforesaid bridge a distance of one hundred ninety-
three (193) feet to a point; thence north 29 010' East a distance of fifty -five
(55) feet to a point in the center of the pumping station designated as point
"A" thence south 72 050' East a distance of fifty (50) feet to the center of a
manhole; thence north 28 025' East a distance of one hundred eighty (180)
feet, to a point in the center of a manhole designated as point "B "; thence
north 29 010' East, a distance of two hundred twelve (212) feet to a point in
the center of a flush tank;
And also beginning at point "A" hereinbefore mentioned; thence north
60 050' West, a distance of forty (40) feet to the center of a manhole; thence
north 29 010' East a distance of sixty (60) feet to the center of a lamphole; '
And also beginning at point "B" hereinbefore referred to; thence north
60 050' West a distance of ninety -six (96) feet to the center of a manhole;
thence south 29 010' West a distance of one hundred two (102) feet to the
center of lamphole.
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STATE OF CALIFORNIA )ss.
COUNTY OF ORANGE )
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On a 1 %16 ) 1999, before me 14PS personally
appeared DE l5 O'Nkl1, personally known to
me ^ ^ ^` to be the person(e) whose
name(&) War.& subscribed to the within instrument and acknowledged to me that
he /4hoA49e 4 executed the same in his /hef4heir authorized capacity(ies); and that by
hisA496 4@4 signature(* on the- instrument the person(s} or the entity upon behalf of
which the person(e+acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
•
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STATE OF CALIFORNIA )ss.
COUNTY OF ORANGE )
LEILANI V. INES
Commission # 1170960 z
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Orange County
My CDrnm. Expires Jan 25, 2002
On 1999, before me, personally
appeared personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is /are subscribed to the within instrument and acknowledged to me that
he /she /they executed the same in his /her /their authorized capacity(ies), and that by
his /her /their signature(s) on the instrument the person(s) or the entity upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, 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. 99 -32, 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 26th
day of April, 1999, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil
Noes: None
Absent: Adams
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 27th day of April, 1999.
(Seal)
City Clerk of the City of
Newport Beach, California