HomeMy WebLinkAbout2015-30 - Ordering the Summary Vacation of an Existing 5-Foot Wide Sewer Easement at 1111 Dolphin Terrace (Lot 10 of Tract 5130); and Directing the City Clerk to Record same with the County Recorder’s Offices
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WHEN RECORDED RETI RN TO:
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CITY CLERK'S OFFICE
CITY OF NEWPORT BEACH
POST OFFICE BOX 1768 -
NEWPORT BEACH, CA-92659-1768
Recorded in Official Records, Orange Qounty
Hugh Nguyen, Clerk- Recorder
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RESOLUTION NO. 2015 -30
Exempt from Recordation Fee
,)
Govt. Code § 27383
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH ORDERING THE SUMMARY VACATION OF AN EXISTING
5 -FOOT WIDE SEWER EASEMENT AT 1111 DOLPHIN TERRACE
(LOT 10 OF TRACT 5130); 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 Public Streets, Highways and Service Easements Vacation Law
(Section 8330 et seq. of the Streets & Highways Code), is authorized to vacate public
service easements; and
WHEREAS, pursuant to Streets & Highways Code Section 8333 (Public service
easement; vacation), the City Council is authorized to vacate a public service easement
when the easement has not been used for the purpose for which it was dedicated or
acquired for five consecutive years immediately preceding the proposed vacation; or the
easement has been superseded by relocation, or determined to be excess by the
easement holder, and there are no other public facilities located within the easement;
WHEREAS, the City Council of the City of Newport Beach has received a
request from the property owner of 1111 Dolphin Terrace to summarily vacate a 5 -foot
easement legally described in Exhibit "A" and shown in Exhibit "B "; and
WHEREAS, in 1963, the City abandoned an 8 -inch sewer main within said
easement at 1111 Dolphin Terrace; and
WHEREAS, the City, as part of the 1963 abandonment, constructed an 8 -inch
sewer main along the property's northwesterly property line thereby rerouting the sewer
system; and
WHEREAS, there are no public facilities within the sewer easement being
summarily vacated; 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 easement on this property and has
determined that the proposed summary vacation is consistent with the General Plan;
and
WHEREAS, the summarily vacated sewer easement is unnecessary for future
sewer line purposes as the sewer main was relocated along the property's
northwesterly property line there are no other sewer facilities within said easement; and
NOW, THEREFORE, be it resolved by the City Council of the City of Newport
Beach that the portion of public sewer easement legally described in Exhibit "A," and
depicted on the map attached as Exhibit "B" based on the evidence submitted, that the
public sewer easement has been superseded by the relocation of existing sewer main
to the property's northwesterly property line and that there are no other public facilities
located within the public sewer easement. By this resolution, the public sewer
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 sewer easement described in Exhibit "A"
and depicted on Exhibit "B" shall be summarily vacated and no longer constitute public
sewer easement.
Adopted this 12th day of May, 2015.
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Leilani r. Brown
City Clerk
CITY OF NEWPORT BEACH,
A Muni c'paI Cor oration
By:
Edward D. Selich
Mayor
for the City of Newport Beach
EXHIBIT "A"
SEWER EASEMENT SUMMARY VACATION
LEGAL DESCRIPTION
A 5 -foot wide sewer easement granted to the City of Newport Beach, California, by
Tract Map No. 5130 recorded in Book 190, Pages 43 through 44, of Official Record of
Orange County, described in said Tract Map as:
"The southeasterly 5 -feet of Lot 10 of Tract 5130 as shown on a map recorded in Book
190, Pages 43 through 44 of Miscellaneous Maps, Records of Orange County,
California."
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/ The southeasterly 5 -feet of Lot 10 of
Tract 5130 as shown on a map
recorded in Book 190, Pages 43
through 44 of Miscellaneous Maps,
Records of Orange County,
California
EXHIBIT B
/
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 -30 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 121h day of May, 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 131h day of May, 2015.
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V
City Clerk
Newport Beach, California
(Seal)