HomeMy WebLinkAbout84-3 - Vacating Unused Storm Drain Easement at 426 & 428 Carnation AvenueRESOLUTION NO. 84 -3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH SUMMARILY 'VACATING UNUSED
STORM DRAIN EASEMENT AT 426 AND 428 CARNATION
AVENUE WITHIN LOTS 8 AND 10, BLOCK 431, CORONA
DEL MAR TRACT (DWG. R/W- 54716 -L)
WHEREAS, there is a certain easement for use as a storm
drain applicable to Corona del Mar Tract (426 and 428 Carnation
Avenue) as more particularly set forth and legally described at
length on Exhibit "A" attached hereto and incorporated herein by
reference, and as depicted on Drawing No. R /W- 5476 -L, attached
hereto as Exhibit "B" and incorporated herein by reference as
though fully set forth at length herein; and
WHEREAS, as a condition of approval for Resubdivisions
760 and 761, the subject storm drain easement was to be abandoned
based upon continuing non use of the storm drain; and
WHEREAS, the original storm drain using the subject
easement was actually abandoned in 1971 when a new storm drain
system was constructed elsewhere; and
WHEREAS, there are no public utility facilities in
place that would be affected by the vacation. of this easement;
and
WHEREAS, the easement is unnecessary for present or
prospective public use, and it is the desire of the City of
Newport Beach to summarily vacate this easement, pursuant to the
provisions of Chapter 4 of Part 3 of Division 9 of the Streets
and Highways Code of the State of California. (Section 8333)
NOW, THEREFORE, BE IT RESOLVED by the City Council of
• the City of Newport Beach, that the easement legally described on
Exhibit "A" referred to above and depicted on the drawing
attached hereto as Exhibit "B ", be summarily vacated and
abandoned; and
r
BE IT FURTHER RESOLVED, that the City Clerk shall cause
a certified copy of this Resolution, attested by the City Clerk,
• under seal, to be recorded in the office of the Recorder for the
County of Orange; and
•
BE IT FURTHER RESOLVED, that from and after the date
this Resolution is recorded, said easement legally described on
Exhibits "A" and depicted on Exhibit "B ", referred to above,
shall no longer be constituted a public service easement.
ADOPTED this 9th day of _ January , 1984.
ATT ST:
ze
City Clerk
RDG /dt
RSP /Easement
That certain storm drain easement, 10.00 feet wide, described in deed
to the City of Newport Beach recorded -in Book 2661, Page 456 of Official
Records, Records of Orange County, California, the centerline being more
particularly described as follows:
Beginning at a point in.the southeasterly line of Lot 10,
Block 431, Corona del Mar Tract as shown on a map filed in book 3,
pages 41 and 42 of Miscellaneous Map, Records of said county,
. 0'
said point being distant N 40 0 E thereon 5.06 feet from the most
southerly corner of said lot; thence S 870 33' 50" W 7.50 feet
to a point in the southwesterly line of said lot, said point
being distant northwesterly thereof 5.53 feet from said corner;
thence S 870 33' 50" W 7.40 feet; thence S 630 29' 55" W 27.26
• ry YIIn Gi YVV IJ I IIIG VI LV4 V, JYIY YIVb1\
and tract, said point being distant northwesterly thereon 21.87
feet.from' the most southerly'` corner of said Lot 8.
a1
City of Newport Beach - Public
Works Department
DESCRIPTION FORM
C'
'VACATION
PROJECT
OF STORM DRAIN EASEMENT
PARCEL NO.
1
LOCATION
426 & 428 Carnation Avenue
REF. DWG. R /W- 5476 -L
rPURPOSE
Abandonment
DATE 12/2/83
PREPARED
P.M.M. CHECKED R.L.H.
PROOFED
That certain storm drain easement, 10.00 feet wide, described in deed
to the City of Newport Beach recorded -in Book 2661, Page 456 of Official
Records, Records of Orange County, California, the centerline being more
particularly described as follows:
Beginning at a point in.the southeasterly line of Lot 10,
Block 431, Corona del Mar Tract as shown on a map filed in book 3,
pages 41 and 42 of Miscellaneous Map, Records of said county,
. 0'
said point being distant N 40 0 E thereon 5.06 feet from the most
southerly corner of said lot; thence S 870 33' 50" W 7.50 feet
to a point in the southwesterly line of said lot, said point
being distant northwesterly thereof 5.53 feet from said corner;
thence S 870 33' 50" W 7.40 feet; thence S 630 29' 55" W 27.26
• ry YIIn Gi YVV IJ I IIIG VI LV4 V, JYIY YIVb1\
and tract, said point being distant northwesterly thereon 21.87
feet.from' the most southerly'` corner of said Lot 8.
a1
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SECOND lk) AVE.
FIRST I A XC.
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EXHIBIT
CITY OF NEWPORT BEACH DRAWN -2L H DATE 7777-
pupi ir wnpKq nFPARTMFNT APPROVED
VACArMov Of
57-0.4M PRANZASLWA-Arr
AC5ZIA6. 7a0 4! Ao-1
PUBLIC WORKS DIRECTOR
R.E. NO. —
DRAWING NO.RIW- 547`p -L,