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Home My WebLink About86-39 - Vacate Public Service Easement on Poppy AvenueRESOLUTION NO. 86 -39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING THE CITY'S • INTENTION TO VACATE, AND TO SET A PUBLIC HEARING TO CONSIDER THE VACATION OF, A PUBLIC SERVICE EASEMENT IN BLOCK 95 AND 96 OF IRVINE SUBDIVISION, SOUTHERLY OF TRACT 6425 AND NORTHERLY OF POPPY AVENUE WHEREAS, the City Council of the City of Newport Beach intends to vacate a public service easement (an easement for water transmission lines) in Block 95 and 96 of Irvine Subdivision, southerly of Tract 6425 and northerly of Poppy Avenue; and WHEREAS, the precise location of the public service easement to be abandoned is described in a Deed to the City of Newport Beach, a copy of which is attached as Exhibit "A," and the public service easement is depicted on a map prepared by the Public Works Department of the City of Newport Beach, a copy of which is attached as Exhibit "B;" and WHEREAS, this proceeding to vacate the public service easement is conducted pursuant to the provisions of the Public Streets, Highways, and Service Easements Vacation Law found in Section 8300 et. seq. of the Streets & Highways Code of the State of California; and WHEREAS, the City Council has reviewed and considered all provisions of the City's General Plan pertaining to the location of the easement to be abandoned and finds the proposed • abandonment is consistent with the provisions of the General Plan and related City ordinances, policies and rules. NOW, THEREFORE, BE IT RESOLVED, by the City Council of -I- the City of Newport Beach, that the time and place for hearing all persons interested in, or objecting to, the proposed vacation of the public service easement as described above, shall be 7:30 • P.M., or as soon thereafter as the matter may be heard, on June 23, 1986, in the Newport Beach City Council Chambers, located at 3300 Newport Boulevard, Newport Beach, California; BE IT FURTHER RESOLVED that the City Clerk is hereby directed to publish this Resolution of Intention for at least two successive weeks prior to the hearing in the official newspaper of the City of Newport Beach; and BE IT FURTHER RESOLVED that the Public Works Department is further directed to post at least three notices along the line of the public service easement proposed to be vacated, the notices to be posted not more than 300 feet apart. The notices shall state the day, hour and place of the hearing, and shall refer to the adoption of the Resolution of Intention. The notices shall describe the public service easement proposed to be vacated so that its type and location can be clearly understood. ADOPTED this 27th day • -2- ur4 Op hEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92660 6 7 3 City Clerk IEXEi',9F'T Deed , C 9 No. ILIkI ? n'! r1 U .0 GRANT OF EASEME Pk 13602PO 1043 "FECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA -4 2s p M. !iffy - '80 LEE A. BRAfdCH, County Recorder THE IRVINE COMPANY, a Michigan corporation, does hereby GRANT to the CITY OF NEWPORT BEACH, a municipal corporation, an easement for the construction, operation, maintenance and repair of water lines and appur- tenances, hereinafter referred to as "Facilities ", in, under, over, along and across real property situated partly in the City of Newport Beach, all in the County of Orange, State of California, described as: Parcel 1 A strip of land 10.00 feet in width, in Blocks 95 and 96 of Irvine's Subdivision as per map filed in Book 1, page 88 of Miscellaneous Record Maps, records of said County, the center line of said strip being described as follows: Beginning at an angle point in the Northerly line of Tract No. 3519, as per map filed in Book 128, pages 18 to 21 inclu- sive, of Miscellaneous Maps, records of said County, said point being the Easterly terminus of that certain course shown as "N 710 16' 07" W 251.19' " on said map, said course having a bearing of North 700 47' 59" West for the purpose of this description; thence North 470 00' 49" East 21.68 feet; thence North 450 00'. 00" West 178.30 feet to the beginning of a curve concave Northeasterly having a radius of 305.00 feet; thence Northwesterly 92.41 feet along said curve through an angle of 170 21' 35 "; thence North 270 38' 25" West 712.27 feet to the beginning of a curve concave Easterly having a radius of 210.01 feet; thence Northerly 101.31 feet along said curve through an angle of 270 38' 25 "; thence North 296.36 feet to the beginning of a curve concave Southwesterly having a radius of 390.00 feet; thence Northerly 19.98 feet along said curve through an angle of 20.56' 07" to a point hereinafter referred to as Point "A ", a radial to said point bears North 870 03' 53" East; thence continuing Northerly and North- westerly 470.93 feet along said curve through an angle of 690 11' 07" to the beginning of a reverse curve concave North- easterly having a radius of 318.92 feet; thence Northwesterly 196.91 feet along said curve through an angle of 350 22' 3611; thence North 360 44' 38" West 281.67 feet to the beginning of a ourve concave Northeasterly having a radius of 150.06 feet; thence Northwesterly 143.38 feet along said curve through an angle of 540 44' 38" to a point on the Southerly line of Lot 67, Tract No. 6228, as per map filed in Book 229, pages-25 to 32 inclusive, of said Miscellaneous Maps, distant thereon North 720 00' 00" West 5.00 feet from the Southeasterly corner of said Lot 67. The side lines of said strip of land shall be lengthened or shortened so as to terminate Southwesterly on said Northerly line of Tract No. 3519. -1- Ax xel? 'i! • is 13602P6 1045 Darrel 9 A strip of land 10.00 feet in width, in Block 96 of Irvine's Subdivision as per map filed in Book 1, page 88 of Miscella- neous Record Maps, records of said County, the center line of said strip being described as follows: Beginning at said Point "A" as described in Parcel 1 above; thence West 38.00 feet; thence South 400 08' 38" West 20.92 feet to a point on the Northeasterly line of Lot 163, Tract. No. 1237, as per map filed in Book 40, pages 19 and 20 of Miscellaneous Maps, records of said County, distant thereon North 640 43' 52" West 3.00 feet from the most Easterly corner of said Lot 163. EXCEPT that portion thereof lying within Parcel 1 described above. The side lines of said strip of land shall be lengthened or shortened so as to terminate Southwesterly on said North- easterly line of Tract No. 1237. Grantor also does hereby GRANT to Grantee a Temporary Construc- tion Easement over and upon two strips of land 50.00 feet in width, in Blocks 95 and 96 of Irvine's Subdivision, as per map filed in Book 1, page 88 of Miscellaneous Record Maps, records of said County, the center lines of said strips shall be the center lines of Parcels 1 and 2 described above. The Temporary Construction Easement hereby granted shall terminate without further act of either party upon recordation of a Notice or Completion and Acceptance by Grantee after completion of construction of the Facilities, or on December 31, 1980 , whichever . shah first or -cur. SUBJECT TO easements and rights -of -way of record or apparent. RESERVING UNTO GRANTOR, its successors and assigns, the right to use land for any purpose that will not in any way interfere with the use by Grantee of this easement, including but not limited to the right to construct, relocate, repair, maintain and use paved parking areas, alleys and pipelines in, on, over, across, under and along said land. Grantee shall not be obligated to relocate its facilities to accommodate any exer- cise of the rights retained herein by Grantor except in the event that Grantee's facilities or any portion thereof shall at any time interfere with the future improvement of real property within Parcel 1 as described above over that portion of the easement as follows: 2- EXfIiLGT _ f/" BK 13602PG 1046 Beginning at the Northwesterly end of a curve having a central angle of 170 21' 35" and a radius of 305.00 feet; thence North 270 38' 25" West 712.27 feet to the beginning of a curve concave Easterly having a radius of 210.01 feet; thence Northerly 101.31 feet along said curve • through an angle of 270 38' 25 "; thence North 296.36 feet to the beginning of a curve concave Southwesterly having a radius of 390.00 feet; the Grantee will, within 90 days after the receipt from said Grantor of a notice in writing so to do, relocate said Grantee's facilities or portions thereof, one time and one time only, at the sole cost and expense of Grantee, in a feasible location on the property of the Grantor, and so as to conform with such development of said real property, provided said Grantor Shall first furnish the Grantee with a good and sufficient permanent Grant of Easement in a form identical to this instrument except that the relocation provisions shall be omitted. After said Grantee's facilities are relocated, Grantee will quitclaim the rights herein granted. Said easements are shown on Exhibit "A" attached hereto and made a part hereof for the sake of convenient identification only. DATED this 1,0-Y4 day of 1980. V STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) TH(INVINE COMPANY B x UA A k c President 4 Assistant Secretary On /_ Z -7,J2 d before me, a Notary Public, in and for said County and State, personally appeared Peter C. Kremer known to me to be the President, , 1V41f -90 9k 16 D6 fK-6- P ?6XY6AqbA 7votmu of THE IRVINE COMPANY, the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the said corporation, and acknowledged to me that such corporation executed the same pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. L •Ei•,: L03RAINE J0 iFL" OR iKF.s FC. 23,Y Notary 1C In an or said County. and State +ar roaa�si;,ri. ervik[s prc. sa, �a, - 3 - .,ems 6j e . V J d ��a s, Ngl I o� to I n ki ®►�4�. 0 S �Q -1� '%JbU2P6 1048 e n P NZ I V 0 v Wv� FXXf,� /B!T "�jr P z A A P NZ I V 0 v Wv� FXXf,� /B!T "�jr P z A FXXf,� /B!T "�jr P z A • SHEET 2 OF 5 SHEETS HR❑ ' N' 1 1085 AND LOTS A T TRACT N 0. 11949 OF ACRES All LL OF TENTATIVE TRACT N0.11949 ' 'DATE OF SURVEY. IN THE CITY OF NEWPORT BEACH. COUNTY OF ORANGE. STATE OF CALIFORNIA. 'JANUARY. 1966 6 ADAMS. STREETER CIVIL ENGINEERS. INC. .IAN A. ADAMS R.L.E. 21687 FEBRUARY. 1986 BOUNDARI' AND INDEX MAP %V �s s'l,. .IE�-0 A4 momimF /r ,mores v \' V.N `y�«V -0S I • wnrin rFrl MNUp uCVUYENr[. NOrEn. 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