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Home My WebLink About2000-55 - Pacific Drive VacationR ' RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach • P.O. Box 1768 3300 Newport Boulevard Newport Beach, CA 92658 -1768 Ono RECORDING REQUM M GOVERNMENT C= 6RO2 Recorded in Official Records, County of Orange Gary Granville, Clerk- Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE 20000414992.04: fpm 08168100, 109 11 R28 6 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Space above this line for mecoruers use onry Ci) All- I ; i u 3 RESOLUTION NO. 2000-55 J' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE VACATION AND ABANDONMENT OF A PORTION OF PACIFIC DRIVE RIGHT -OF -WAY BETWEEN BEGONIA AVENUE AND AVOCADO AVENUE (CORONA DEL MAR AREA); 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 Street Vacation Act (Section 8300 et sue. of the Streets & Highways Code) is authorized to vacate portions of public rights -of -way; 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 isa portion of Pacific Drive; and WHEREAS, the City Council of the City of Newport Beach has determined that the proposed vacation is consistent with the General Plan because there is no proposed improvement shown on any plans and no possible need for increasing the roadway width of Pacific Drive; and WHEREAS, the City Council of the City of Newport Beach desires to vacate the portion of Pacific Drive, legally described in Exhibit "A" and depicted on the map attached as Exhibit "B ", the vacation to be processed pursuant to the provisions of the Street Vacation Act; and WHEREAS, the City Council of the City of Newport Beach is reserving an easement for public facilities in the most northerly ten (10) feet of the area proposed to be abandoned as described in • Exhibit "A" and depicted on Exhibit "B." 4 ' WHEREAS, the City Council of the City of Newport Beach has determined that the portion of the right -of -way to be vacated is unnecessary for present or prospective public street purposes and is not necessary for, or useful as, a non - motorized transportation facility; and WHEREAS, that at least two (2) weeks before the day set for hearing, notices of the proposed vacation were conspicuously posted along Pacific Drive, with the notices posted not more than three hundred feet (300') apart and a minimum of three (3) notices posted on each street. The notices stated the day, hour, and place of the hearing; and WHEREAS, the City Council of the City of Newport Beach has fully complied with all statutory and procedural prerequisites to the abandonment of a portion of the right of way along the south side of Pacific Drive; WHEREAS, the City Council of the City of Newport Beach has determined that the effective date of the abandonment should occur as of the effective date of Ordinance 2000 -12 which establishes restrictions on the location of structures in the area to be abandoned; and 40 WHEREAS, the City Council of the City of Newport Beach has determined that there is no possibility that the abandonment, as conditioned, could have a significant effect on the environment and the project is not subject to CEQA (Section 15061(a)(3) of the CEQA Guidelines). NOW, THEREFORE, be it resolved by the City Council of the City of Newport Beach that: (1) the portion of the Pacific Drive street right -of -way legally described in Exhibit "A ", and depicted on the map attached as Exhibit "B" is hereby ordered vacated and abandoned; and (2) the City of Newport Beach reserves, for itself and its assigns, a public facilities easement in an along the most northerly ten (10) feet of the Pacific Drive right of way vacated and abandoned pursuant to this Resolution No. 2000 -55; and (3) the Pacific Drive right of way that is vacated and abandoned pursuant to this Resolution (No. 2000 -55) shall, to the extent permitted by law, become the private property of the owner of the adjacent parcel along the south side of Pacific Drive with the sideline boundaries defined by a prolongation of the property lines; and e ' (4) that this Resolution shall not be effective, and shall not be filed with the Orange County Recorder until Ordinance 2000 -12 becomes effective (on or about July 27, 2000). BE IT FURTHER RESOLVED that the City Clerk is hereby directed to have this resolution • recorded by the Orange County Recorder as specified above. r1 LJ • Adopted this 13`h day of June, 2000. ATTEST: 3 • EXHIBIT "A" That certain portion of Pacific Drive, formerly Electric Way, in the City of Newport Beach, County of Orange, State of California as shown on map of Corona Del Mar Tract filed in Book 3, Pages 41 and 42 of Miscellaneous Maps in the office of the County Recorder of said County, lying southwesterly of the following described line: Beginning at the intersection of the northwesterly line of Avocado Avenue as established per City of Newport Beach Resolution No. 99 -34 recorded as Document No. 19990417369 of Official Records in the office of the County Recorder of said County and the northwesterly prolongation of the southwesterly line of the northeasterly 60.00 feet of Pacific Drive, lying southwesterly of and adjoining Block 328 of said tract; thence along said southwesterly line S 40 017'42" E 258.86 feet to line parallel with and 60.00 feet, measured at right angles, from the northwesterly line of Pacific Drive lying southwesterly of and adjoining Block 329 of said tract; thence along said parallel line S 24 °23'25" E 343.32 feet to the northeasterly line of that certain portion of Pacific Drive vacated per City of Newport Beach Resolution No. 412 recorded in Book 11, Page 285 of said Official Records. r1 LJ • EXHIBIT "B" o /7 tlleb Ifew N N �r� ENV po^ vO� W �'o W a P RTION OF PACIFIC DRIVE VACATED ER RESOLUTION NO. 412 ?3TT STREET RIGHT OF WAY HEREBY VACATED • STATE OF CALIFORNIA } COUNTY OF ORANGE } as. CITY OF NEWPORT BEACH } I, LEILANI I. BROWN, Deputy 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. 2000 -55 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 13th day of June, 2000, and that the same was so passed and adopted by the following vote, to wit: Ayes: Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: None Absent: None Abstain: Thomson IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the • official seal of said City this 14th day of June, 2000. (Seal) • O" M;- .1. 1b � Deputy City Clerk Newport Beach, California