HomeMy WebLinkAbout2014-89 - Ordering the Vacation and Abandonment of a Portion of Street Right-of-Way (Buena Vista Boulevard) Adjacent to and Contiguous with 304 to 350 Buena Vista Boulevard; and Directing the City Clerk to Record Same with the County Recorder's OfficeRECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658 -8915
TITLE OF DOCUMENT:
Recorded in Official Records, Orange County
Hugh Nguyenl,I Clerk - Recorder II
NO FEE
$ R 0 0 G 7 3 4 7 5 4 5$
20150001199541:29 pm 03109/15
232 407 R28 F13 9
0.00 0.00 0.00 0.00 24.00 0.00 0.00 0.00
THIS SPACE FOR RECORDER'S USE ONLY.
Exempt Recording Request per Government Code 27383
RESOLUTION NO. 2014 -89
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ORDERING THE VACATION AND
ABANDONMENT OF A PORTION OF STREET RIGHT -OF -WAY
(BUENA VISTA BOULEVARD) ADJACENT TO AND
CONTIGUOUS WITH 304 TO 350 BUENA VISTA BOULEVARD;
AND DIRECTING THE CITY CLERK TO RECORD SAME WITH
THE COUNTY RECORDER'S OFFICE.
n�
RESOLUTION NO. 2014 -89
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ORDERING THE VACATION AND
ABANDONMENT OF A PORTION OF STREET RIGHT -OF -WAY
( BUENA VISTA BOULEVARD) ADJACENT TO AND
CONTIGUOUS WITH 304 TO 350 BUENA VISTA BOULEVARD;
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 Chapter 4
of the California Streets and Highways Code (Sections 8320 et seg.), is authorized to
vacate public rights -of -way; and
WHEREAS, on September 4, 2014, the property owners along Buena Vista
Boulevard (304 to 350 Buena Vista Boulevard) requested that the City Council vacate a
portion of public right -of -way as unnecessary for present or prospective roadway
purposes; and
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 a portion of public right -of -way and has determined that the proposed vacation is
consistent with the General Plan; and
WHEREAS, the City of Newport Beach reviewed and determined that the public
right -of -way proposed to be vacated is not necessary for street purposes, and that
public views of the bay would be maintained and access along Buena Vista Boulevard
will be maintained along the public sidewalk consistent with the City's General Plan and
the Coastal Land Use Plan; and
WHEREAS, the City Council of the City of Newport Beach desires to vacate a
portion of public right -of -way as described in Exhibit "A" and depicted on Exhibit "B"
attached hereto and incorporated by reference, the vacation to be processed pursuant
to the provisions of the California Streets and Highway Code Section 8335; and
WHEREAS, the City Council desires that the vacation be conditioned upon the
recordation of restrictive covenant agreements by the property owners along Buena
Vista Boulevard (304 to 350 Buena Vista Boulevard) to provide for non - vehicular access
and views to the waters of Newport Bay by controlling the height of landscaping and
installations on the vacated right of way.
NOW, THEREFORE, be it resolved by the City Council of the City of Newport Beach
that the portion of street right -of -way legally described in Exhibit "A," and depicted on
the map attached as Exhibit "B" based on the evidence submitted, that the street right -
of -way is unnecessary for present or prospective street or highway use. By this
resolution the portion of street right -of -way described in Exhibit "A" and depicted on
Exhibit "B" is hereby ordered vacated and abandoned.
BE IT FURTHER RESOLVED that this order of vacation and abandonment of a portion
of street right -of -way is conditioned upon recordation by each owner adjacent to the
vacated street right -of -way of a restrictive covenant agreements by the property owners
along Buena Vista Boulevard (304 to 250 Buena Vista Boulevard) that has been
approved as to form by the City Attorney and provides for non - vehicular access and
views to the waters of Newport Bay by controlling the height of landscaping and
installations on the vacated right of way.
BE IT FURTHER RESOLVED that upon receipt of conformed copies of the recorded
restrictive covenants from the property owners along Buena Vista Boulevard (304 to
350 Buena Vista Boulevard), 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 portion of the street right -of -way described in Exhibit "A" and
depicted on Exhibit "B" shall be vacated and no longer constitute street right -of -way.
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 14th day of October, 2014.
ATTEST:
Eeilani I. Brown
City Clerk
I 2� d
Rush N. Hill, II
Mayor
EXHIBIT A
LEGAL DESCRIPTION
PARTIAL VACATION OF BUENA VISTA BLVD.
THAT PORTION OF BUENA VISTA BOULEVARD AS SHOWN ON SUBDIVISION OF BLOCK "A" OF EAST NEWPORT,
PER MAP RECORDED IN BOOK 4, PAGE 51, OF MISCELLANEOUS MAPS, ALSO BEING SHOWN ON KRESSLEY
SURVEY, PAGE 30 OF 86 BOTH RECORDS OF ORANGE COUNTY, STATE OF CALIFORNIA BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;-
COMMENCING AT THE MOST WESTERLY CORNER OF LOT 167 OF SAID KRESSLEY SURVEY ALSO BEING A
POINT ON NORTHERLY RIGHT OF WAY BAY AVENUE (25.0 FEET HALF WIDTH) AND A POINT ON THE
SOUTHERLY RIGHT OF WAY BUENA VISTA BOULEVARD;
THENCE LEAVING SAID CORNER NORTH 03'48'27" WEST, 10.77 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID LINE NORTH 03'48'27" WEST, 27.88 FEET TO A POINT ON THE
NORTHERLY RIGHT OF WAY OF BUENA VISTA BOULEVARD;
THENCE ALONG THE NORTHERLY RIGHT OF WAY OF BUENA VISTA BOULEVARD THE FOLLOWING COURSES:
NORTH 64`21'30" EAST, 283.28 FEET; NORTH 43'3S30" EAST, 398.98 FEET;
THENCE LEAVING SAID NORTHEASTERLY RIGHT OF WAY SOUTH 74'24'00" EAST, 22.64 FEET TO A POINT ON
A LINE PARALLEL WITH AND 10.00 FEET NORTHWESTERLY, MEASURED AT RIGHT ANGLES FROM THE
SOUTHERLY RIGHT OF WAY OF SAID BUENA VISTA BOULEVARD;
THENCE ALONG SAID PARALLEL LINE THE FOLLOWING COURSES:
SOUTH 43'33'30" WEST, 429.83 FEET; THENCE SOUTH 64'21'30" WEST, 281.84 FEET TO THE TRUE POINT
OF BEGINNING
CONTAINS 15,601 SQ. FT ( + / -) OR 0.358 ACRES ( + / -) OF LAND, MORE OR LESS.
ALL AS PARTICULARLY SHOWN ON EXHIBIT "B ", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF.
C.- ZW -I4!
VINCENT W. SCARPATI R,O,E, 33520 DATE
TIC, EXP. DATE: 6 -30 -2016
SHEET IOF4
BY: GT
DATE: 09!2412014
SCALE: NONE
CONSULTING, INC.
CIVIL ENGINEERING
LAND PLANNING & SURVEYING
27156 BURBANK
FOOTHILL RANCH,
CA, 92610
T. 949.916.3800
F. 949.916.3805
WW W.CVC4NC.NET
a Nu. 3 20
t \ Exp. 6/30/20167
EXHIBIT "A"
VACATION
LEGAL DESCRIPTION
>r
CLE06EWATER AVE
/ o-
SCALE: I"= 100' /
PARTIAL VACATION OF /�W 146
BUENA VISTA BLVD
`\ w \147 \
146\
149\
PARTIAL VACATION OF �, \ 154 ,\
BUENA VISTA BLVO �"� \\ \155\ \w`�
199
P.O.0
Nfik1�3C
156 s•
157 \4' epe.
1
D9 \ 158\ \4; JF
1616\ \ \ p
b+\ 152 t
Al NUE
LINE TABLE
LINE
DIRECTION
LENGTH
U
NO3'4B'27"W
10.77
L2
N0348'27 "W
27.88
13
$7424'00 "E
22.64
NOTE:
BUENA VISTA BOULEVARD SHOWN HEREON IS BASED ON THE WIDTH OF 35.88' AS SHOWN ON ASSESSORS PARCEL MAP.
BUENA VISTA BOULEVARD PER "BLOCK A EAST NEWPDRr AS RECORDED IN BOOK 4, PACE 51 OF MISCELLANEOUS MAPS.
SHOWS A WIDTH OF 30.00'
SHEET 2OF4
27`156 BURBANK
EXHIBIT "B"
BY: GT
FOOTHILL RANCH,
CA, 92610
DATE: 0912412014
CONSULTING INC.
T. 949.916,3800
PARTIAL VACATION OF
CIVIL ENGINEERING
F. 940.916.3605
BUENA VISTA BLVD
SCALE: 1" =100'
LAND PLANNING S SURVEYING
WWW.CV04NC.NET
EXHIBIT B
,<
SCALE: 1" = 50'
L2
[AMR
159
160 \\
162 \ \ \
I A y s�Pg� / \o• °m\ \ 161 X11\
�—� 1✓P.O.L
\ \ 164 \ 163 E'
166 \\ 165 \\ \y',
I\ I
I \ i
I ��• I
Nh 1
s I
L__ W -- __ ___ \_J
SHEET 3OF4 llab
BY: GT �l �m
DATE: 9/2412014 CONSULTING, INC.
CIVIL ENGINEERING
SCALE: V =50' LAND PLANNING & SURVEYING
BAYA
27156 BURBANK
FOOTHILL RANCH,
CA, 92610
T. 949.916.3600
F. 949.916.3805
W W W.CVC- INC,NET
lk
LINE TABLE
LINE #
DIRECRON
LENGIN
Li
N0348'27 "W
10.77
L2
NO3'48'27 "W
27.88
L3
S7424'00"E
22.64
EXHIBIT "B"
PARTIAL VACATION OF
BUENA VISTA BLVD
r - - - -- - - - - -, EXHIBIT B
i I �
'O" I ice♦ "'��� / / 146
L----- _ - -_ - -- J \ \
i
i
147 \\
148 \\
149 \\
150 \\
P
/ \ \
\ 151
\ ��\ 152 \\
/o, 153 , ih� A
\\ 154 \�
155
\ \ 156 \
\\ 157 \\ /
\� 158 \
159 \\
�P
4 \
SHEET 4 OF 4
u
BY: GT O _
DATE: 9/24/2014 CONSULTING, INC.
CIVIL ENGINEERING
SCALE: V =50' LAND PLANNING & SURVEYING
27156 BURBANK
FOOTHILL RANCH,
CA, 92610
T. 949.916.3800
F. 949.916.3805
V*M.CVC- INC.NET
J
SCALE: T' = 60'
EXHIBIT "B"
PARTIAL VACATION OF
BUENA VISTA BLVD
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
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. 2014 -89 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 141h day of October, 2014, and that the
same was so passed and adopted by the following vote, to wit:
Ayes: Council Member Gardner, Council Member Petros, Council Member Curry,
Council Member Henn, Council Member Daigle, Mayor Pro Tern Selich,
Mayor Hill
Nays: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 15"' day of October, 2014.
04� 4 b M-�-
City Clerk
Newport Beach, California
(Seal)