HomeMy WebLinkAbout2010-125 - Easement of Alley Between Mesa and BirchRESOLUTION NO. 2010-125
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ORDERING THE SUMMARY
VACATION OF A 30 -FOOT PUBLIC SAFETY EASEMENT
OVER AN ALLEY BOUNDED BETWEEN MESA DRIVE
AND BIRCH STREET
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 seg. of the Streets & Highways Code), is authorized to vacate public service
easements; and
WHEREAS, pursuant to Streets & Highways Code Section 8333 (Summary
Vacation), the City Council is authorized to vacate a public service easement when the
date of dedication is less than five years and more than one year, immediately preceding
the proposed vacation and the easement was not used continuously since that date;
WHEREAS, A Grant of Easement in Favor of the City of Newport Beach was
recorded in the Official Records of the Orange County Clerk- Recorder on August 8, 2008
as Instrument No. 2008000379469 (the "Public Safety Easement');
WHEREAS, the Public Safety Easement granted the City, its officers, employees,
agents, contractors and invitees an easement for emergency ingress, egress, access,
inspection, testing and incidental purposes on, over and across an approximately 30 -foot
wide unimproved road bounded between Mesa Drive and Birch Street as described in
Exhibit "A" and depicted on Exhibit "B" attached hereto; and
WHEREAS, the City of Newport Beach Fire Department has requested that the
City Council summarily vacate the Public Safety Easement as the easement is
unnecessary for present or prospective public safety purposes; and
[A10- 003571
WHEREAS, 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 the Public Safety Easement and has determined that the proposed vacation is
consistent with the General Plan which shows no future use of easement on any plans;
and
WHEREAS, the City Council of the City of Newport Beach desires to summarily
vacate 30 -foot wide easement bounded between Mesa Drive and Birch Street as
described in Exhibit "A" and depicted on Exhibit 'B" attached hereto, the vacation to be
processed pursuant to the provisions of the Street Vacation Act; and
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 vacated and abandoned.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to have this
resolution recorded by the Orange County Recorder and that from and after the date this
resolution is recorded the Public Service Easement shall be vacated
This resolution shall take effect immediately upon its adoption by the City Council,
and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 9`" day of November, 2010.
Keith D. Curry
ATTEST:
Leilani I. Brown
City Clerk
[A10- 003571
EXHIBIT "A"
IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA,
BEING PORTIONS OF LOTS 118 TO 121, INCLUSIVE, OF TRACT 706, AS SHOWN ON A
MAP TI IEREOF. FILED N BOOK 21, PAGE 25 OF MISCELLANEOUS MAPS, RECORDS OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
`y STRIP OF LAND, 30.00 FEET WIDE, THE SOUTHEASTERLY LINE OF SAID
STRIP MORE, PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF MESA DRIVE AND CYPRESS
STREET, THENCE N 490 22' 19" W ALONG THE CENTERLINE OF MESA DRIVE A
DISTANCE OF 310.62 FEET TO THE MOST EASTERLY CORNER OF THE LAND
DESCRIBED N A DEED TO CARLA Z.WART BROCKMAN, TRUSTEE, RECORDED
FEBRUARY 26, 1998 AS INSTRUMENT # 19980107282, RECORDS OF SAID COUNTY;
THENCE
S 370 02' 31" W ALONG THE SOUTHEASTERLY LNE OF SAID INSTRUMENT, 30.06 FEET,
TO THE TRUE POINT OF BEGINNING OF THE LAND DESCRIBED HEREIN; THENCE
CONTINUING ALONG SAID LINE S 37° 02' 31" W 220.00 FEET TO THE MOST
SOUTHERLY CORNER OF SAID INSTRUMENT, SAID CORNER REFERRED TO HEREIN
AS PONT "A ".
THE SIDE LINES OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED AS TO
INTERSECT THE SOUTHWESTERLY LINE OF MESA DRIVE AND THE SOUTHWESTERLY
LINE OF SAID INSTRUMENT.
THE BEARINGS SHOWN HEREON ARE BASED ON RECORD OF SURVEY 97 -1078 FILED
IN R.S.B. 172, PAGE 27, RECORDS OF SAID COUNTY.
O�
' A STRIP OF LAND, 30.00 FEET WIDE, THE NORTHEASTERLY LNF, OF SAID
P MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE AFOREMENTIONED POINT "A" N PARCFI. 1, THENCE
N 490 22'19" W ALONG THE SOUTHWESTFRLY LINE OF THE LAND DESCRIBED N A
DEED TO CARLA ZWART BROCKMAN, RECORDED FEBRUARY 26, 1998 AS
INSTRUMENT # 19980107282, RECORDS OF SAID COUNTY, 162.10 FEET TO TILE MOST
NORTHERLY CORNER OF THE LAND DFSCRIBED IN A DEED TO C.Z. BROCKMAN
REVOCABLE TRUST RECORDED MAY 17, 1990 AS INSTRUMENT # 90- 263839, RECORDS
OF SAID COUNTY, SAID CORNER REFERRED TO HEREIN AS POINT "B ".
THE SIDE LINES OF SAIL? STRIP SHALL. BE LENGTHENED OR SHORTENED AS TO
INTERSECT THE SOUTHEASTERLY LINE OF SAID INSTRUMENT AND THE
SOUTHEASTERLY LINE OF THE LAND DESCRIBED IN A DEED TO C. Z, BROCKMAN
REVOCABLE TRUST RECORDED MA Y 17, 1990 AS INSTRUMENT # 90- 263639, RECORDS
OF SAID COUNTY.
PAGF, 1
A -1
EXHIBIT "A"
THE BEARINGS SHOWN HEREON ARE BASEDON RECORD OF SURVEY 97.1078 FILED
M R.S.B. 172, PAGE 27, RECORDS OF SAID COUNTY.
A;lt.
STRIP OF LAND, 30.00 FEET WIDE, THE NORTHEASTERLY LINE OF SAID
STRIP MORE PARTICULARLY DESCRIBED AS FOLLOWS
BEG Ni NI'NG AT THE AFOREMENTIONED POINT "B "IN PARCEL 2, SAID POINT ALSO
BEING THE MOST EASTERLY CORNER OF THE LAND DESCRIBED IN A DEED TO
CHICAGO TRUST COMPANY OF CALIFORNIA, RECORDED JULY 18, 2000 AS
INSTRUMENT # 20000373866, RECORDS OF SAID COUNTY; THENCE N 49° 22' 19" W
ALONG THE NORTHEASTERLY LINE OF SAID INSTRUMENT A DISTANCE OF 162,14
FEET TO THE MOST EASTERLY CORNER OF THE LAND DESCRIBED IN A DEED TO
RICHARD A. MORIARTY, RECORDED FEBRUARY l3, 1998 AS INSTRUMENT
# 19980083721, RECORDS OF SAID COUNTY.
THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED AS TO
INTERSECT THE SOUTHEASTERLY LINE OF SAID INSTRUMENT # 2000037386 AND THE
SOUTHEASTERLY LINE OF SAID INSTRUMENT # 1998008372I_
THE BEARINGS SHOWN HEREON ARE BASED ON RECORD OF SURVEY 97 -1078 FILED
IN R.S.H. 172, PAGE 27, RECORDS OF SAID COUNTY.
AT- I'ACHED HERETO IS A PLAT LABELED F.XH1131T "B" AND BY THIS REFERENCE
MADE A PART HEREOF.
END OF DESCRIPTION
I'H1S DOCUMENT, CONSISTING OF 3 PAGES,
WAS PREPARED BY ME ON JULY 25, 2001.
Qu k if-
PAULA. CUOMO, P.L.S. 4136
MY LICENSE EXPIRES 6/30/10
PAGE 2
A -2
*
NO. 4136
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL 4
IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA:
BEING THE NORTHEASTERLY 30.00 FEET OF THE LAND DESCRIBED IN A
DEED TO RICHARD A. MORIARTY, RECORDED FEBRUARY 13, 1998 AS
INSTRUMENT NUMBER 19980083721, RECORDS OF SAID COUNTY.
ATTACHED HERETO IS A PLAT LABELED EXHIBIT "B" AND BY THIS
REFERENCE MADE A PART HEREOF.
THIS DOCUMENT, CONSISTING OF EXHIBITS "A" AND `B"
WAS PREPARED BY ME ON .TUNE 26, 2008.
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PAUL A. CUOMO, P.L.S. 4136 LAND
MY LICENSE EXPIRES 6130110
exr. 6/0/10
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STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, 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. 2010 -125 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 9th day of
November, 2010, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Selich, Henn, Webb, Gardner, Daigle, Mayor Curry
Noes: None
Absent: Rosansky
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 10th day of November, 2010.
a- aivl-k .�
City Clerk
Newport Beach, California
(Seal)