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HomeMy WebLinkAbout2015-17 - Ordering the Summary Vacation of an Existing 5-Foot Wide Storm Drain Easement at 121 Harbor Island Road (Lot 20 of Tract 3283); and Directing the City Clerk to record same with the County Recorder’s OfficeRECORDING REQUESTED AND WHEN RECORDED RETURN TO: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P.O. BOX 1768 NEWPORT BEACH, CA 92658 SCANNED Recorded in Official Records, Orange County Hugh Nguyen, Clerk- Recorder 1 I Ill 1111 jjjj 1111 jjjj 1111111111 NO FEE *$ R 0 0 0 7 3 8 0 1 4 5$* 2015000144543 2:47 `pm 03120115 47 422 R28 5 0.00 0.00 0.00 0.00 12.00 0.00 0.00 0.00 Recording Fee: Exempt (Government Code — Section 27383) (Space above this line for Recorder's use) RESOLUTION NO. 2015 -17� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT / BEACH ORDERING THE SUMMARY VACATION OF AN EXISTING 5 -FOOT WIDE STORM DRAIN EASEMENT AT 121 HARBOR ISLAND ROAD (LOT 20 OF TRACT 3283); 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 8330 et seg.), is authorized to summarily vacate public easements; and WHEREAS, the City Council of the City of Newport Beach has received a request from the property owner of 121 Harbor Island Road to summarily vacate a 5- foot wide public storm drain easement legally described in Exhibit "A" and shown in Exhibit "B "; and WHEREAS, the City abandoned a 12 -inch storm drain within said easement at 121 Harbor Island Road in 1993; and WHEREAS, the City, as part of the abandonment, constructed an 18 -inch storm drain on Harbor Island Road; 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 summarily vacate the public storm drain easement on this property and has determined that the proposed summary vacation is consistent with the General Plan; and WHEREAS, the summarily vacated public storm drain easement is unnecessary for future storm drain purposes as the storm drain was relocated onto Harbor Island Road and there are no other public facilities within said easement; 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. NOW, THEREFORE, be it resolved by the City Council of the City of Newport Beach that the portion of public storm drain easement legally described in Exhibit "A," and depicted on the map attached as Exhibit "B" based on the evidence submitted, that the public storm drain easement has been superseded by the construction of an existing storm drain on Harbor Island Road, and that there are no other public facilities located within the public storm drain easement. By this resolution, the public storm drain easement described in Exhibit "A" and depicted on Exhibit "B" is hereby ordered summarily 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 portion of the storm drain easement described in Exhibit "A" and depicted on Exhibit "B" shall be summarily vacated and no longer constitute public storm drain easement. Adopted this 10th day of March, 2015. ATTEST: 0 " w---... Leilani 1. Brown City Clerk CITY OF NEWPORT BEACH, A Mural Comora -bon Mayor for the City of Newport Beach EXHIBIT "A" PUBLIC SEWER EASEMENT SUMMARY VACATION LEGAL DESCRIPTION A 5 -foot wide storm drain easement granted to the City of Newport Beach, California, by Tract Map 3283 recorded in Book 101, Pages 33 through 34, of Official Record of Orange County, described as: "The southerly 5 -feet of Lot 20 of Tract 3283 as shown on a map recorded in Book 101, Pages 33 through 34 of Miscellaneous Maps, Records of Orange County, California." - -- -------------- - -- - , X11 i 0� 121 M HARBOR ISLAND RD 115 qw HARBOR ISLAND RD j 5' STORM DRAIN - EASEMENT TO BE VACATED kt 9^ \\ \\ EXHIBIT i 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. 2015 -17 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 10`h day of March, 2015, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peotter, Council Member Petros, Council Member Curry, Council Member Duffield, Council Member Muldoon, Mayor Pro Tern Dixon, Mayor Selich NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 11" day of March, 2015. City Clerk r Newport Beach, California (Seal)