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)