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Home My WebLink About15 - Vacation of Sewer Easement at 2223 Cliff DriveCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. is July 27, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Iris Lee, P.E. 949 - 644 -3311 ilee@city.newport-beach.ca.us SUBJECT: VACATION OF SEWER EASEMENT AT 2223 CLIFF DRIVE RECOMMENDATIONS: 1. Hold public hearing, close public hearing. 2. If desired, adopt Resolution No. 2004 - ordering the vacation and abandonment of t he 1 0 -foot w ide s ewer a asement I ocated o n L of A, Tract 919 as described in Exhibit "A" and depicted in Exhibit "B ". 3. If desired, direct the City Clerk to have the Resolution recorded in the Office of the County Recorder. DISCUSSION: The subject easement to be vacated is a 10 -foot strip in Lot A, Tract 919, also known as 2223 Cliff Drive. The existing sewer main was relocated to a location south of the existing location. As a result, the existing sewer easement will need to be vacated. A grant of easement for the new sewer main line location has been prepared and signed by the property owner. The existing sewer easement to be vacated and abandoned is described in Exhibit "A" and depicted in Exhibit "B ". On July 7, 2004, the City Clerk set the Public Hearing for July 27, 2004 to consider the proposed vacation at Lot A, Tract 919. A Notice of Vacation was published for two successive weeks from July 16 to July 23, 2004 in the Daily Pilot. Three notices of the proposed vacation were posted to the easements on Cliff Drive on July 8, 2004. The Notices stated the day, hour, and place of the hearing. Adoption of the recommended Council Resolution will complete the statutory proceedings required to vacate and abandon said easement. SUBJECT: Vacation of Sewer Easement at 2223 Cliff Drive July 27, 2004 Page 2 Environmental Review: This project is statutorily exempt from environmental review pursuant to Section 15282 (1) of the CEQA guidelines. Prepared by: e, P.E. Junior Civil Engineer Submitted by: hen G. Badum is Works Director Attachments: Resolution Exhibit "A" — Legal description of subject easement Exhibit "B" — Exhibit of subject easement RECORDING REQUESTED AND WHEN RECORDED RETURN TO: City Clerk's Office City of Newport Beach Post Office Box 1768 Newport Beach, CA 92659 -1768 above this line for Recorder's use RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE VACATION AND ABANDONMENT OF A 10 -FOOT SEWER EASEMENT LOCATED A PORTION OF LOT A, TRACT 919, ALSO KNOWN AS 2223 CLIFF DRIVE; 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 8300 of the Streets & Highways Code) is authorized to vacate portions of public easements; 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 its intent to vacate the easement and has determined that the proposed vacation is consistent with the General Plan; and WHEREAS, the City Council of the City of Newport Beach desires to vacate a 10- foot sewer easement described as follows: Being a strip of land northwesterly 50.00 feet of the southeasterly 300.00 feet of the northeasterly 150.00 feet; being five feet on each side of the following described centerline: Beginning at a point in the northwesterly line of said portion of Lot A, said point being southwesterly of and distant 114.00 feet from the most northerly comer of said portion of Lot A; thence S65 005'46 "E a distance of 51.72 feet to a point in the southeasterly line of said portion of Lot A, said point being southwesterly of and distant 100.75 feet from the most easterly comer of said portion of Lot A. The sidelines of said strip shall be lengthened or shortened as to join said northwesterly line of said portion of said Lot A and said southeasterly line of said portion of said Lot A. Said strip is legally described in Exhibit "A" and depicted on the map as Exhibit "B ". The vacation to be processed pursuant to the provisions of the Street Vacation Act, and WHEREAS, the easement is unnecessary for present or prospective public utility purposes; and WHEREAS, a Notice of Vacation was published for at least two (2) successive weeks prior to the hearing in a newspaper of general circulation in the City of Newport Beach; and WHEREAS, that at least two (2) weeks before the day set for hearing, Notices of the proposed vacation were conspicuously posted adjacent to the easement, and that three (3) Notices posted not more than three hundred feet (300') apart along Cliff Drive. The Notices stated the day, hour, and place of the hearing. NOW, THEREFORE, be it resolved by the City Council of the City of Newport Beach that the utility easement legally described in Exhibit "A ", and depicted on the map attached as Exhibit "B" are hereby ordered vacated and abandoned. 2 BE IT FURTHER RESOLVED that the City Clerk is hereby directed to have this Resolution recorded by the Orange County Recorder. Adopted this 27h day of July, 2004. ATTEST: CITY OF NEWPORT BEACH, A Municipal Corporation m LaVonne Harkless, City Clerk Mayor for the City of Newport Beach F:\ USERS \PBW\Shared \COUNCIL \FY04- 05 \07- 27\Cliff- 2223 \V -Sewer 2223 Cliff - Resol.doc 3 I _i II: 1 ABANDONMENT OF SEWER EASEMENT A STRIP OF LAND, BEING A PORTION OF THAT PORTION OF LOT A, TRACT NO. 919 AS SHOWN ON A MAP RECORDED IN BOOK 29, PAGES 31 TO 34 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, BEING THE NORTHWESTERLY 50.00 FEET OF THE SOUTHEASTERLY 300.00 FEET OF THE NORTHEASTERLY 150.00 FEET; BEING FIVE FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT IN THE NORTHWESTERLY LINE OF SAID PORTION OF LOT A, SAID POINT BEING SOUTHWESTERLY OF AND DISTANT 114.00 FEET FROM THE MOST NORTHERLY CORNER OF SAID PORTION OF LOT A; THENCE S 65 005'47" E A DISTANCE OF 51.72 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF SAID PORTION OF LOT A, SAID POINT BEING SOUTHWESTERLY OF AND DISTANT 100.75 FEET FROM THE MOST EASTERLY CORNER OF SAID PORTION OF LOT A. THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED AS TO JOIN SAID NORTHWESTERLY LINE OF SAID PORTION OF SAID LOT A AND SAID SOUTHEASTERLY LINE OF SAID PORTION OF SAID LOT A. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, AND OTHER EASEMENT OF RECORD, IF ANY. MORE PARTICULARLY SHOWN ON EXHIBIT B, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. -7-1 -0¢ CLIFF DRIVE NE'LY LINE LOT A MOST WILY CORNER OF SAID PORTION OF LOT A N50'15'10 "W 50.00' i\ MOST E'LY CORNER OF SAID PORTION OF LOT A NW'LY LINE OF SE'LY 300.00 FEET OF LOT A SE'LY LINE OF NW'LY 50.00 FEET 0 OF SE'LY 300.00 0 0 FEET OF LOT A 0 0 0 U') u') \ 2223 CLIFF DRIVE Q� PORTION OF LOT A, tS TRACT NO. 919 of I0 I o 3 EASEMENT TO PGA �o, BE ABANDONED 3 v M 1• M Enj S�GNPL LA DSG 9 4'1 "E 51.12 9� 565.0 0 0 S 4 " N Ik EXp, 12.31.04 I 0 SW'LY LINE OF a; 0 NE'LY 150.00 c6 0 FEET OF LOT A 'rT 9�OF CAL \E -7'r-of 1 1 1 1 N 50.1571 C W 50.00' 3621 5. Harbor SNC. EXHIBIT B KEsuite Santa (714)241,a°`20;,a.� SEWER EASEMENT ABANDONMENT 2223 CLIFF DRIVE INCLEDON KIRK ENGINEERS CITY OF NEWPORT BEACH SHEET 1 OF 1 DATE: 6/30/04 JN: 188 -002 Authorized to publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, California. Number A -6214, September 29, 1961, and A -24831 June 11. 1963. "C� -,EIItl' li PROOF OF PUBLICATION v jiL 29 1A9:04 STATE OF CALIFORNIA) ofFICE OF I HE CI "CEER6 ) ss.CITY OF �_N'P0: T BEACH COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH - COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City:of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: July 16, 2004 July 23, 2004 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on July 23, 2004 at Costa Mesa, California. Signature Nona of VACAMN Notice is harsh given that the Cit Council of the City e Newport Beach wil consider the uacatim of a sewer easement The vacation pproses'. will be condaara ppursuant to the Cali Ter Me Street ant Highways Cede S"Ho, 8300 - Public Streets Highways and Service Easements Vacatier Law. The sewer ease- ment proposed to be vacated is described below. Those certain ease ments for sewer put Poses, 10.00 feet wide, in the City of Newport Beach, County of Or- ange, State of California, over a portion of Lot A, Tract Non and as shown on a map thereof filed in Book 29, Pages 31 through 34 of Mis- cellaneous Maps in the Office of the County of Recorder of said County. Said certain easements are described as follows: Being the northwest - erly 50.00 feet of the southeasterly 300.00 feet of the northeasterly 150.00 feet; being five feet on each side of the following described centerline: Beginning at a point in the northwesterly line of said portion of Lot A, said point being south- westerly of and distant 114.00 feet from the most northerly corner of said portion of Lot A; thence S65 °05'46 -E a distance of 51.72 feet to a point in the south- easterly line of said portion of Lot A, said point being southwest- erly of and distant 100.75 feet from the most easterly corner of said portion of Lot A. The sidelines of said strip shall be lengthened or shortened as to join said northwesterly line of said portion of said Lot A and said south- easterly line of said portion of said Lot A. NOTICE IS FURTHER GIVEN HEREBY that the City Council of the City of Newport Beach has set Tues July 27, 2004 at t a hear of 7:00 P.M. as the time, and the Council Chambers as the place for the hearing of an persons Interested in/ or objecting to the Proposed vacation, and ,.ISO Council et the same time and plat will hear the outdone: ,flared by any person �ntvesteel in the pre - ,used vacation here - �ofere described. LaVonns M. Handless City of Newport Beach Published Newport teach /Costa Mesa Oaily 'ilot July 16, 23, 004 F421