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Home My WebLink About2015-58 - Ordering the Summary Vacation of an Existing 10 Foot Wide Sewer Easement at 128 Kings Place (Lot 9 of Block D, Tract 1219) and Directing the City Clerk to Record same with the County Recorder’s OfficeRECORDING REQUESTED AND WHEN RECORDED RETURN TO: CITY CLERK'S OFFICE CITY OF NEWPORT BEACH POST OFFICE BOX 1768 NEWPORT BEACH, CA 92659-1768 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 11111 111] III 11 II 11111111111111111111111111111111111 III III III NO F E E *$ R 0 0 0 7 b 5 9 9 5 7$* 20150003498418:01 am 07/06/15 47 411 R28 6 0.00 0.00 0.00 0.00 15.00 0.00 0.00 0.00 Space above this line for Recorder's use only. Exempt Recording Request per Government Code 27383 RESOLUTION NO. 2015-58 M -I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ORDERING THE SUMMARY VACATION -OF AN z.k� EXISTING 10 FOOT WIDE SEWER EASEMENT AT 128 KINGS PLACE (LOT 9 OF BLOCK D, TRACT 1219) 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easement; vacation), the City Council is authorized to vacate a public service easement when the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement; WHEREAS, the City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 128 Kings Place to summarily vacate a 10 -foot easement legally described in Exhibit "A" and shown in Exhibit "B"; and Resolution No. 2015-58 Page 2 of 3 WHEREAS, in 2013, the property owner granted, to the City, a new 10 -foot wide sewer easement along the property's southerly property line; and WHEREAS, in 2014, the property owner constructed a new 6 -inch sewer main within the new 10 -foot easement and connected to a manhole along Dover Drive 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 southerly property line and 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 southerly 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. Resolution No. 2015-58 Page 3 of 3 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 23rd day of June, 2015. ATTEST: ; mf., Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation Mayor for the City of Newport Beach BEING THAT PORTION OF THE 10.00 FOOT EASEMENT AS SHOWN IN THE RESOLUTION OF ACCEPTANCE RECORDED OCTOBER 7, 1955 IN BOOK 3237, PAGE 507 OF OFFICIAL RECORDS, LYING WITHIN LOT 9 OF BLOCK D, TRACT 1219 IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED IN BOOK 38, PAGES 26 AND 27 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING 10.00 FEET IN WIDTH, FIVE FEET (5') ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE; BEGINNING AT A POINT IN THE SOUTHERLY LINE OF SAID LOT 91 SAID POINT BEING EASTERLY OF AND DISTANT 80.00 FEET FROM THE SOUTHWESTERLY CORNER OF SAID LOT 9; THENCE NORTH 04°12'00" WEST, A DISTANCE OF 35.00 FEET TO AN ANGLE POINT; THENCE IN A STRAIGHT LINE TO A POINT IN THE NORTHERLY LINE OF SAID LOT 9, SAID POINT BEING NORTHEASTERLY OF AND DISTANT 95.00 FEET FROM THE NORTHWESTERLY CORNER OF SAID LOT 9. EXCEPTING THEREFROM THE NORTHERLY 7.05 FEET OF SAID 10.00 FOOT EASEMENT AS MEASURED ALONG SAID CENTER LINE. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. wLDEN & SSOCIATES CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS 2552 WHITE ROAD, SUITE B •IRVINE, CA 92614-6236 (949) 660-0110 FAX: 660-0418 EXHIBIT "A" LEGAL DESCRIPTION FOR SEWER EASEMENT VACATION W.O. No. 1697-369-002 Date 04/02/2013 Engr, J.W. Chk'd. J.W. Sheet 1 of 2 CURVE TABLE CURVE DELTA RADIUS LENGTH C7 9000'00" 180.00' 28.27' SCALE 1"=50' M INDICATES PORTION OF EASEMENT TO BE VACATED wLDEN & SSOCIATES CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS 2552 WHITE ROAD, SUITE B •IRVINE, CA 92614-6236 (949)660-0110 FAX: 660-0418 Y No. 7914 Exp. 12-31-13 EXHIBIT "B" SKETCH FOR SEWER EASEMENT VACATION W.O. No. 1697-369-002 Engr. J.W. Chk'd. J.W. Date 04/02/2013 Sheet 2 of 2 LINE TABLE LINE BEARING DISTANCE L1 N 100 57' 00" W 21.44' L2 N 210 36' 30" W 85.00' L3 N 040 12' 00" W 35.00' L4 N 02' 53' 16' E 24.00' L5 N 020 53' 15' E 7.05' SCALE 1"=50' M INDICATES PORTION OF EASEMENT TO BE VACATED wLDEN & SSOCIATES CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS 2552 WHITE ROAD, SUITE B •IRVINE, CA 92614-6236 (949)660-0110 FAX: 660-0418 Y No. 7914 Exp. 12-31-13 EXHIBIT "B" SKETCH FOR SEWER EASEMENT VACATION W.O. No. 1697-369-002 Engr. J.W. Chk'd. J.W. Date 04/02/2013 Sheet 2 of 2 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. 2015-58 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 23rd day of June, 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 Muldoon, Mayor Pro Tem Dixon, Mayor Selich NAYS: None ABSENT: Council Member Duffield IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 20 day of June, 2015. 4'a.- "i' City Clerk Newport Beach, California (Seal)