HomeMy WebLinkAbout91-88 - Vacation & Abandonment Public Utility EasementsRESOLUTION NO. 91 -88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH
SUMMARILY VACATING AND ABANDONING A PUBLIC UTILITY EASEMENT LOCATED
IN LOT 6, TRACT NO. 1117 (505 32ND STREET) BETWEEN VIA MAGALA AND
32ND STREET IN THE CANNERY VILLAGE /MCFADDEN SQUARE SPECIFIC PLAN
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 8330
• et seg, of the Streets & Highways Code) is authorized to summarily
vacate and abandon public easements; and
WHEREAS, there is a certain public utility easement across
the property at 505 32nd Street, Lot 6 of Tract No. 1117, located in
the Cannery Village /McFadden Square Specific Plan Area which is
legally described in Exhibit "A" attached hereto and incorporated
herein by reference, and depicted on Exhibit "B" and incorporated
herein by reference as though fully set forth at length herein; and
WHEREAS, the easement above - described has not been used for
the past five years by the City of Newport Beach or public utility for
the purpose for which it was dedicated or acquired and has remained
continuously unused by the City of Newport Beach or public utility for
any public purpose for a period of five consecutive years; and
WHEREAS, no money has been expended for the maintenance of
the easement during that period of time; and
WHEREAS, there are no public utility facilities in place
that would be affected by the vacation and abandonment of this
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 a summary vacation of
easement and has determined that the proposed vacation is consistent
with the General Plan.
WHEREAS, the easement is un- necessary for present or
prospective public use, and it is the desire of the City Council of
the City of Newport Beach to vacate the easement legally described in
Exhibit "A" and depicted on Exhibit "B ", the vacation and abandonment
to be processed pursuant to the provisions of the Street Vacation Act.
NOW, THEREFORE, be it resolved by the City Council of the
City of Newport Beach that the easement legally described in Exhibit
"A ", and depicted on the map attached as Exhibit "B" is hereby ordered
to be summarily vacated and abandoned, from and after the date of
recordation of this resolution.
BE IT FURTHER RESOLVED that the City Clerk is hereby
directed to have this resolution recorded by the Orange County
Recorder.
Adopted this 12th day of August ,1991
MAYOR
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EXHIBIT "A"
VACATION OF PUBLIC UTILITY EASEMENT
That certain Public Utility Easement in the City of Newport Beach,
County of Orange, State of California, described as Parcel "I" in
a deed to the City of Newport Beach recorded in Book 2191 Pages 208
through 215 inclusive, of Official Records, in the office of the
Recorder of said County, said easement is more particularly
described as follows:
An easement, 4.00 feet wide, in Lot 6 as shown on a map of
Tract No. 1117 filed in Book 35, Page 48 of Miscellaneous Maps,
records of said County, the center line of said easement is
described as follows:
Beginning at a point in the southerly line of said Lot 6,
which point is 52.00 feet westerly from the southeasterly corner of
said lot; thence N 0 °44130" W, parallel with the easterly line of
said lot, 90.00 feet to a point in the northerly line of said lot,
which point is 52.00 feet westerly from the northeast corner of
said lot.
EXN/B/% "B"
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