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HomeMy WebLinkAboutC-3275 - Bay Island Public Service Easement and Sewer System Vacation Agreement0 RECORDING REQUESTED BY AND WHEN RECORDEDRgWLZtl1A7ft D City Clerk '99 MAY 14 A 9 :55 City of Newport Beach P. O. Box 1768 c CL Newport Beach, 92658rBi4gEA • :orded in the County of Orange, California Gary L. Granville, Clerk /Recorder No Fee 19990335125 11; 03am 05/07/99 005 20020628 20 21 R28 6 6.00 15.00 0.00 0.00 0.00 0.00 THIS SPACE FOR RECORDER'S USE ONLY. Recording Request per Government Code 6103 RESOLUTION NO. 99- 32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE VACATION AND ABANDONMENT OF BAY ISLAND PUBLIC SERVICE EASEMENT AND SEWER SYSTEM; 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 8300 et seg. of the Streets & Highways Code) is authorized to vacate a public service easement; 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 this Bay Island 10' wide sewer right of way, ( "Public Service Easement ") and has determined that the proposed vacation is of a minor nature and is consistent with the General Plan; and WHEREAS, the City Council finds and determines from all of the evidence submitted that the Bay Island public service easement and sewer system described herein is located on private property under a single property owner and unnecessary for present or prospective public use; and I • i WHEREAS, the City Council of the City of Newport Beach desires to vacate the Bay Island public service easement and sewer system, legally described in the attached Exhibit "A" and depicted on a map as Exhibit 'B ", the vacation to be processed pursuant to the provisions of the Streets, Highways and Service Easements Vacation Law. WHEREAS, Notice of the intention to vacate and abandon the public service easement was given in accordance with California Streets & Highways Code, Section 8322 and 8323. NOW, THEREFORE, be it resolved by the City Council of the City of Newport Beach that the Bay Island public service easement and sewer system, legally described in the attached Exhibit "A ", and depicted on the map as Exhibit "B" is hereby ordered vacated and abandoned. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to have this resolution recorded by the Orange County Recorder. Adopted this 26th day of April 1999. ATTEST: CITY CLERK f:W wrslpbwlshared\b; MAYOR 9 EXHIBIT "A" 0 That certain public service easement and sewer system in the City of Newport Beach, County of Orange, State of California as described in Deed to the City of Newport Beach recorded in Book 561, Page 156 of Official Records in the office of the County Recorder of said County more particularly described as follows: Beginning at a point in the centerline of the alley, 10.00 feet wide, as shown on map of Block A, East Newport Tract filed in Book 4, Page 51 of Miscellaneous Maps in the office of said Recorder, said point beginning 15.00 feet southeasterly of the southeasterly line of Island Avenue, 50.00 feet wide, as shown on said map; thence N73 027'50 "W along said centerline and the northwesterly prolongation thereof to a line parallel with and 6 feet northwesterly, measured at right angles, from said southeasterly line of Island Avenue; thence N16 035'19 "E along said parallel line to a point along the westerly side of a private bridge across an arm of Newport Bay, a distance of one hundred eleven (111) feet; thence north 35 055' East along the westerly side of the aforesaid bridge a distance of one hundred ninety - three (193) feet to a point; thence north 29 010' East a distance of fifty -five (55) feet to a point in the center of the pumping station designated as point "A" thence south 72 050' East a distance of fifty (50) feet to the center of a manhole; thence north 28 025' East a distance of one hundred eighty (180) feet, to a point in the center of a manhole designated as point "B "; thence north 29 010' East, a distance of two hundred twelve (212) feet to a point in the center of a flush tank; And also beginning at point "A" hereinbefore mentioned; thence north 60 050' West, a distance of forty (40) feet to the center of a manhole; thence north 29 010' East a distance of sixty (60) feet to the center of a lamphole; " And also beginning at point "B" hereinbefore referred to; thence north 60 050' West a distance of ninety -six (96) feet to the center of a manhole; thence south 29 010' West a distance of one hundred two (102) feet to the center of lamphole. FAUsers \PBW \Shared \Bay Island \Exhibit A.doc LVA EXHIBIT "B" US 566 US 566A N O R T H US 66 to 25 ID Y/ u VS 565 / 017 us *5 is 9 % / / 7 17 8 18 5 L ND 19 / / 4 . 20 21 3 22 2 CL UB 1 US $a F, US 561 PUB IC I SERVICE EASEMENT & 9EWER SYSTEM US 162 US 562 RD OZ pJ us 163 TATER ft A US 563 St IN yy 106 105 A e 70 69 E _ 67 AST 103 '�2 S r 37 36 I13 102 p 73 6e'� yroy, ItA 101 a 74 �P W.. ry °38 R j 75 �. a 39 3T o e 4 1 ip �OC� Us 76 63 e 40 S1 ` s7 96 77 62 tkil. MWO,h I.. S� ll .,uln..1 Ilu d woo 9 STATE OF CALIFORNIA )ss. COUNTY OF ORANGE ) On i appeared 0 me, 165 personally personally known to me to be the person(e) whose name(e) is /a;& subscribed to the within instrument and acknowledged to me that he /sfas&ey executed the same in his /beMheir authorized capacity(iee+ and that by hisA4941;@iF signature(* on the instrument the persons} or the entity upon behalf of which the persons} acted, executed the instrument. WITNESS my hand and official seal. LEILANI V. INE.S /1 ^ ; Commission k 1170960 r�Vt , A04� ) < NO'ary PUOIia - ColifomlG Z 'ta Orange County Notary Public in and for said State 5 my ,rnm. Expires Jon 25,2002` STATE OF CALIFORNIA )ss. COUNTY OF ORANGE ) On 1999, before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, 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. 99 -32, 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 26th day of April, 1999, and that the same was so passed and adopted by the following vote, to wit: Ayes: Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O Neil Noes: None Absent: Adams Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 27th day of April, 1999. (Seal) �A !22 j," City Clerk of the City of Newport Beach, California RECORDING REQUESTED BY AND WHEN RECORDED RJU A9 :55 City Clerk City of Newport Be�C}�`- P. O. Box 1768 Newport Beach, CA 92658-8915 Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder No Fee 19990335126 11; 03am 05/07/99 008 20020628 20 21 Al2 6 6.00 15.00 0.00 0.00 0.00 0.00 THIS SPACE FOR RECORDER'S USE ONLY. Exempt Recording Request per Government Code 6103 BAY ISLAND PUBLIC SERVICE EASEMENT AND SEWER SYSTEM VACATION XGREEM ENT THIS BAY ISLAND PUBLIC SERVICE EASEMENT AND SEWER SYSTEM VACATION AGREEMENT ("AGREEMENT") entered into this 26th day of April, 1999, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation, (hereinafter referred to as "CITY") and BAY ISLAND CLUB, whose address is 25 Bay Island, CA 92663 (hereinafter referred to as "OWNER") is made with reference to the following: RECITALS: A. OWNER is a real property cooperative that owns an approximately 5.5 acre island in Newport Harbor within the city. The island is known as Bay Island and is subdivided into 25 lots with no public streets or public access. B. In the early 1920's, OWNER constructed sewer lines and a sewer pump station ("SEWER SYSTEM") to provide sewer service to each of the individual lots on the island. C. In 1925 OWNER granted the SEWER SYSTEM to the CITY and granted to CITY a 5 foot wide right-of-way, along each side of the sewer pipeline ("PUBLIC SERVICE EASEMENT") for City to repair and maintain the SEWER SYSTEM. D. Since 1925, CITY has maintained all or a portion of the SEWER SYSTEM. For the last 15 to 20 years, OWNER has maintained the sewer pipelines and CITY has only maintained the pump station. The lack of streets on Bay Island and the privacy interest of OWNER in the property has restricted the ability of CITY to access the sewer lines for repair and maintenance of the SEWER SYSTEM. E. The approximate cost for CITY to maintain and repair the SEWER SYSTEM is approximately $9,000 per year. There are additional unknown costs anticipated to be necessary to upgrade, or replace the 74 year old SEWER SYSTEM. CITY has estimated costs in the range of $300,000 to $700,000 to replace and bring the existing SEWER SYSTEM up to current City standards. F. The 1925 Agreement provides that CITY may require OWNER to assess itself under an improvement act for needed repairs or reconstruction of the SEWER SYSTEM. In lieu of assessments by CITY, OWNER has agreed to accept return of ownership and responsibility of the SEWER SYSTEM to OWNER and for CITY to vacate the PUBLIC SERVICE EASEMENT in exchange for a lump sum payment of $150,000 to cover future operation and maintenance costs. G. CITY and the public will benefit from this agreement because CITY's Sewer Fund will no longer be responsible to maintain, repair or operate what is an essentially a private sewer system serving Bay Island, which is private property, inaccessible to the public and owned as a cooperative made up of the individual members of the Bay Island Club. The SEWER SYSTEM operates solely for the benefit 4 of and is located on OWNER's private property and is unnecessary for present or prospective public use. H. The transfer of the SEWER SYSTEM to Bay Island Club is financially beneficial to both OWNER and City. NOW THEREFORE, the Parties agree as follows: 1. CITY will proceed to vacate the PUBLIC SERVICE EASEMENT and SEWER SYSTEM in accordance with procedures found in the Public Streets, Highways, and Service Easements Vacation Law found in Streets & Highways Code, Section 8300, et seq. 2. Ownership and control of the SEWER SYSTEM shall be automatically transferred to OWNER, upon the date City Council adopts a Resolution to vacate the PUBLIC SERVICE EASEMENT and the SEWER SYSTEM facilities located within the easement. The SEWER SYSTEM is legally described in Exhibit "A" attached hereto and incorporated herein by reference; and depicted on Exhibit "B" attached hereto and incorporated herein by reference. 3. OWNER agrees to accept the SEWER SYSTEM and to accept responsibility for all costs and expenses for future operations, maintenance, repair and replacement of the SEWER SYSTEM. 4. In consideration of OWNER's agreement to accept ownership of the SEWER SYSTEM, and the OWNER's agreement to maintain, repair and be forever responsible for the SEWER SYSTEM, CITY will pay OWNER the sum of $150,000. OWNER and CITY agree that $150,000 is representative of the amount of money required to provide current operation and maintenance costs in the amount of $9,000 per year. 91 5. This Agreement shall become effective and all ownership of the SEWER SYSTEM shall transfer to OWNER on the date City Council adopts the Resolution, attached hereto as Exhibit "C". 6. Any notice or other document and all payments required or permitted to be given by either party hereto to the other party shall be deemed received upon delivery in person to the recipient or upon deposit in the United States mail in the State of California, with postage prepaid, and addressed to the party for who intended at the following address: To the City: City of Newport Beach Public Works Department — Utilities 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658-8915 To Owner: Bay Island Club 25 Bay Island Newport Beach, CA 92664 7. This Agreement supersedes any and all other agreements, either oral or in writing, between the parities hereto with respect to providing sewer service to Bay Island, and contains all of the covenants and agreements made between parties with respect to that matter in any manner whatsoever. Each part to this Agreement acknowledges that no representation, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other prior agreement, statement or promise regarding this subject which is not contained in the Agreement shall be valid or binding upon either party. 4 IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed on the day and year first written above. APPROVED AS TO FORM: : B A�k Y Robin Clauson Assistant City Attorney ATTEST: By: 416i(-tn",-'-A Aq,66", LaVonne Harkless City Clerk fAusers\pbw\shared\bay island\agreement.doc CITY OF NEWPORT BEACH A Municipal Corporation B4 C � � r Mayor City of Newport Beach BAY ISLAND CLUB r � � STATE OF CALIFORNIA )ss. COUNTY OFORANGE ) On ) ,Vr/ / % a 7 -,l 999, before.rge, appearea �L,� nr��s v i. 6,1 i je=( i me (or proved to me on the basis of satisfactory evidence) names .) 6/are subscribed to the within instrument and �9she/they executed the same in is her/their authorized is/ er/their signature on the instrument the person() c which the person() acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for Aid State ) STATE OF CALIFORNIA )ss. COUNTY OF ORANGE ) / On Ali 1 d 7 19,99„ before xne— / (e,-' personally personally known to to be the person whose acknowledged to me that capacit, and that by r the entity upon behalf of me (orroved to me on the basis of satisfactory evidence) ame(gjaare subscribed to the within instrument and h/she/they executed the same in(hi /her/their authorized his/her/their signature ) on the instrument the person(�c which the person(g) cted, executed the instrument. Y WITNESS my hand and official seal. Notary Public in and for sad State P,'-' personally I personally known to to be the person whose acknowledged to me that capacity(i ), and that by r the entity upon behalf of SHAUNA LYN OYLEk — COMM15sion # 1164144 ' N01w Public - caigomb orange county MYCornm. Ares Dec5,2D01 G32� • April 26, 1999 CITY COUNCIL AGENDA PQ4Q ?j _ ......25 TO: Mayor and Members of the City Council 26 FROM: Public Works Department - . SUBJECT: .BAY ISLAND PUBLIC SERVICE EASEMENT ANCrSr=WER SYSTEM VACATION RESOLUTION AND AGREEMENT RECOMMENDATIONS: 1. Hold public hearing; close hearing. 2. If desired, (a) adopt Resolution No. 99- _ ordering the vacation and abandonment of the Bay Island Public Service Easement and Sewer System. 3. Approve Bay Island Public Service Easement and Sewer System Vacation Agreement. 4. Direct the City Clerk to have the resolution and agreement recorded by the Orange County Recorder. DISCUSSIONS: In the early 1920's, the Bay Island Club constructed sewer facilities to service their 24- lot private island community. These facilities were dedicated to the City by formal agreement. The City agreed to operate and maintain the Bay Island wastewater system. The facilities include approximately 950 linear feet of sewer lines and a submersible pump station. The City currently spends around $9,000 per year to maintain and operate the pump station. In 1996 the City completed the 20 -year wastewater master plan, which included recommendations for repairs of all the wastewater mains and pump stations. The 74- year old Bay Island pump station was identified for replacement. $300,000 was estimated as the project cost based on standard construction practices. A replacement pump station on Bay Island built to current City standards would cost between $300,000 and $700,000 depending on the location. Access to the island is provided by a pedestrian bridge with a limited load capacity. Most equipment and materials used for construction on the island needs to be barged. This would include any mechanical equipment, backhoes, or materials required for the project. This will . significantly increase the costs of the project. The 1925 dedication agreement included a clause which read... This grant nor the acceptance thereof by the City of Newport Beach shall never prevent or be construed as SUBJECT: BAY ISLAND WIC SERVICE EASEMENT AND SEWER SAM VACATION RESOLUTION AND AGREEMENT April 26, 1999 Page 2 preventing the City of Newport Beach to cause the described sewer system or any part • thereof to be hereafter repaired or reconstructed by assessments upon private property under any improvement act of the State of California, as in other instances. This essentially means the City can assess the property owners for the cost of any major repairs or reconstruction. In lieu of being assessed for pump station reconstruction costs, the Bay Island Club has agreed to take back the sewer system (including the pump station) in exchange for $150,000. This is the present value of the City's estimated annual maintenance costs of $9,000. The concept of vacating and abandoning the facilities was discussed and approved by the Public Works Committee in February 1998. Since the Public Service Easement and Sewer System was granted to the City, it is necessary to utilize the Public Streets, Highways and Service Easements Vacation Law procedures to return the easements and facilities to the Bay Island Club. In accordance with the law, a Notice of a Public Hearing to take testimony on the proposed vacation and abandonment was posted. Attached for the City Council approval is the proposed vacation agreement and vacation resolution. The Bay Island Club supports the vacation and abandonment of the easement and sewer system with the City's contribution of $150,000 to cover future maintenance of the sewer system. Sufficient funds are available in Sewer Pump Station Master Plan Improvement Account No. 7532- C5600100. Respectfully ss %b�mitted, PC WORKS DEPARTMENT Don Webb, Director Y• Midhael J. Sinacwri, P.E. Utilities Engineer Attachments: Agreement w/ attachments Resolution w /attachments RECORDING REQUEST BY AND WHEN RECORDED RETURN TO: 40 City Clerk City of Newport Beach P. O. Box 1768 Newport Beach, CA 92658 -8915 E SPACE FOR RECORDER'S USE Exempt Recording Request per Government Code 6103 RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE VACATION AND ABANDONMENT OF BAY ISLAND PUBLIC SERVICE EASEMENT AND SEWER SYSTEM; 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 0 8300 et seq. of the Streets & Highways Code) is authorized to vacate a public service easement; 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 this Bay Island 10' wide sewer right of way, ( "Public Service Easement ") and has determined that the proposed vacation is of a minor nature and is consistent with the General Plan; and WHEREAS, the City Council finds and determines from all of the evidence submitted that the Bay Island public service easement and sewer system described • herein is located on private property under a single property owner and unnecessary for present or prospective public use; and WHEREAS, the Gay Council of the City of Newport Beach desires to vacate the Bay Island public service easement and sewer system, legally described in the attached Exhibit "A" and depicted on a map as Exhibit 'B ", the vacation to be processed pursuant to the provisions of the Streets, Highways and Service Easements Vacation Law. WHEREAS, Notice of the intention to vacate and abandon the public service easement was given in accordance with California Streets & Highways Code, Section 8322 and 8323. NOW, THEREFORE, be it resolved by the City Council of the City of Newport Beach that the Bay Island public service easement and sewer system, legally described in the attached Exhibit "A ", and depicted on the map as Exhibit "B" is hereby ordered vacated and abandoned. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to have this resolution recorded by the Orange County Recorder. Adopted this 26th day of April 1999. MAYOR ATTEST: CITY CLERK fAusers \pbw\shared\bay islandVesolufion.doc 0 WHEREAS, the (*Council of the City of Newport Be ch desires to vacate the Bay Island public service easement and sewer system, legally described in the attached Exhibit "A" and depicted on a map as Exhibit "B ", the vacation to be processed pursuant to the provisions of the Streets, Highways and Service Easements Vacation Law. WHEREAS, Notice of the intention to vacate and abandon the public service easement was given in accordance with California Streets & Highways Code, Section 8322 and 8323. NOW, THEREFORE, be it resolved by the City Council of the City of Newport Beach that the Bay Island public service easement and sewer system, legally described in the attached Exhibit "A ", and depicted on the map as Exhibit "B" is hereby ordered vacated and abandoned. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to have this resolution recorded by the Orange County Recorder. Adopted this 26th day of April 1999. ATTEST: CITY CLERK f: users\pbMshared\bay istandVesolution.doc MAYOR 0 0 EXHIBIT "A" 0 That certain public service easement and sewer system in the City of Newport Beach, County of Orange, State of California as described in Deed to the City of Newport Beach recorded in Book 561, Page 156 of Official Records in the office of the County Recorder of said County more particularly described as follows: Beginning at a point in the centerline of the alley, 10.00 feet wide, as shown on map of Block A, East Newport Tract filed in Book 4, Page 51 of Miscellaneous Maps in the office of said Recorder, said point beginning 15.00 feet southeasterly of the southeasterly line of Island Avenue, 50.00 feet wide, as shown on said map; thence N73 027'50 "W along said centerline and the northwesterly prolongation thereof to a line parallel with and 6 feet northwesterly, measured at right angles, from said southeasterly line of Island Avenue; thence N16 035'19 "E along said parallel line to a point along the westerly side of a private bridge across an arm of Newport Bay, a distance of one hundred eleven (111) feet; thence north 35 055' East along the westerly side of the aforesaid bridge a distance of one hundred ninety - three (193) feet to a point; thence north 29010' East a distance of fifty -five (55) feet to a point in the center of the pumping station designated as point "A" thence south 72 °50' East a distance of fifty (50) feet to the center of a manhole; thence north 28 025' East a distance of one hundred eighty (180) feet, to a point in the center of a manhole designated as point "B "; thence north 29 010' East, a distance of two hundred twelve (212) feet to a point in the center of a flush tank; And also beginning at point "A" hereinbefore mentioned; thence north 60 050' West, a distance of forty (40) feet to the center of a manhole; thence north 29 010' East a distance of sixty (60) feet to the center of a lamphole; " And also beginning at point "B" hereinbefore referred to; thence north 60 050' West a distance of ninety -six (96) feet to the center of a manhole; thence south 29 010' West a distance of one hundred two (102) feet to the center of lamphole. • FAUsers \PBW \Shared \Bay Island \Exhibit A.doc EXHIBIT 111311 US 566 US 566A N O R T H 3 epc e yA�eN �p t Rt � 706 A eN Ds o1 � ue 70 4 Dr 6B 68 67 tV eq 3T D3 7'j2 S ! 37 m 102 O 73 601 36 ro .c Dl a 74 9ory ty 36 1 73 ! 39 3 99 76 63 IT 40 J1 9B 77 62 At ]O M us B3 O 2 V� .J 3` US 563 r us 58 R tmFjNrrch t00% 24 �Po ,2 Q�' 25 11 V ! Us 561 }�15) U p US 565 6 9 US 161 US 165 5 6 7 17 ` PUB IC SERVICE EASEMENT 6 la L ND & E ER SYSTEM 19 5 20 3 US 162 21 Us 562 US 564 22 2 CLUB \ Us 16c epc e yA�eN �p t Rt � 706 A eN Ds o1 � ue 70 4 Dr 6B 68 67 tV eq 3T D3 7'j2 S ! 37 m 102 O 73 601 36 ro .c Dl a 74 9ory ty 36 1 73 ! 39 3 99 76 63 IT 40 J1 9B 77 62 At ]O M us B3 O 2 V� .J 3` US 563 r us 58 R tmFjNrrch t00% STATE OF CALIFORNIA )ss. COUNTY OF ORANGE ) On 1999, before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State STATE OF CALIFORNIA )ss. COUNTY OF ORANGE ) On 1999, before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State 0 0 • RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach P. O. Box 1768 Newport Beach, CA 92658 -8915 9 THIS SPACE FOR RECORDER'S USE ONLY. Exempt Recording Request per Government Code 6103 BAY ISLAND PUBLIC SERVICE EASEMENT AND SEWER SYSTEM VACATION AGREEMENT THIS BAY ISLAND PUBLIC SERVICE EASEMENT AND SEWER SYSTEM VACATION AGREEMENT ( "AGREEMENT ") entered into this 26"' day of April, 1999, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation, (hereinafter referred to as "CITY ") and BAY ISLAND CLUB, whose address is 25 Bay Island, CA 92663 (hereinafter referred to as "OWNER ") is made with reference to the following: RECITALS: A. OWNER is a real property cooperative that owns an approximately 5.5 acre island in Newport Harbor within the city. The island is known as Bay Island and is subdivided into 25 lots with no public streets or public access. B. In the early 1920's, OWNER constructed sewer lines and a sewer pump station ( "SEWER SYSTEM ") to provide sewer service to each of the individual lots on the island. • C. In 1925 OWNER granted the SEWER SYSTEM to the CITY and granted to CITY a 5 foot wide right -of -way, along each side of the sewer pipeline ( "PUBLIC SERVICE EASEMENT ") for City to repair and maintain the SEWER SYSTEM. D. Since 1925, CITY has maintained all or a portion of the SEWER SYSTEM. For the last 15 to 20 years, OWNER has maintained the sewer pipelines and CITY has only maintained the pump station. The lack of streets on Bay Island and the privacy interest of OWNER in the property has restricted the ability of CITY to access the sewer lines for repair and maintenance of the SEWER SYSTEM. E. The approximate cost for CITY to maintain and repair the SEWER SYSTEM is approximately $9,000 per year. There are additional unknown costs anticipated to be necessary to upgrade, or replace the 74 year old SEWER SYSTEM. CITY has estimated costs in the range of $300,000 to $700,000 to replace and bring 0 the existing SEWER SYSTEM up to current City standards. F. The 1925 Agreement provides that CITY may require OWNER to assess itself under an improvement act for needed repairs or reconstruction of the SEWER SYSTEM. In lieu of assessments by CITY, OWNER has agreed to accept return of ownership and responsibility of the SEWER SYSTEM to OWNER and for CITY to vacate the PUBLIC SERVICE EASEMENT in exchange for a lump sum payment of $150,000 to cover future operation and maintenance costs. G. CITY and the public will benefit from this agreement because CITY's Sewer Fund will no longer be responsible to maintain, repair or operate what is an essentially a private sewer system serving Bay Island, which is private property, inaccessible to the public and owned as a cooperative made up of the individual 0 members of the Bay Island Club. The SEWER SYSTEM operates solely for the benefit 2 i 0 • of and is located on OWNER's private property and is unnecessary for present or prospective public use. H. The transfer of the SEWER SYSTEM to Bay Island Club is financially beneficial to both OWNER and City. NOW THEREFORE, the Parties agree as follows: 1. CITY will proceed to vacate the PUBLIC SERVICE EASEMENT and SEWER SYSTEM in accordance with procedures found in the Public Streets, Highways, and Service Easements Vacation Law found in Streets & Highways Code, Section 8300, et seq. 2. Ownership and control of the SEWER SYSTEM shall be automatically transferred to OWNER, upon the date City Council adopts a Resolution to vacate the 0 PUBLIC SERVICE EASEMENT and the SEWER SYSTEM facilities located within the easement. The SEWER SYSTEM is legally described in Exhibit "A" attached hereto and incorporated herein by reference; and depicted on Exhibit "B" attached hereto and incorporated herein by reference. 3. OWNER agrees to accept the SEWER SYSTEM and to accept responsibility for all costs and expenses for future operations, maintenance, repair and replacement of the SEWER SYSTEM. 4. In consideration of OWNER's agreement to accept ownership of the SEWER SYSTEM, and the OWNER's agreement to maintain, repair and be forever responsible for the SEWER SYSTEM, CITY will pay OWNER the sum of $150,000. OWNER and CITY agree that $150,000 is representative of the amount of money required to provide current operation and maintenance costs in the amount of $9,000 per year. 3 5. This Agreement shall become effective and all ownership of the SEWER 0 SYSTEM shall transfer to OWNER on the date City Council adopts the Resolution, attached hereto as Exhibit "C ". 6. Any notice or other document and all payments required or permitted to be given by either party hereto to the other party shall be deemed received upon delivery in person to the recipient or upon deposit in the United States mail in the State of California, with postage prepaid, and addressed to the party for who intended at the following address: To the City: City of Newport Beach Public Works Department — Utilities 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658 -8915 To Owner: Bay Island Club 25 Bay Island Newport Beach, CA 92664 7. This Agreement supersedes any and all other agreements, either oral or in writing, between the parities hereto with respect to providing sewer service to Bay Island, and contains all of the covenants and agreements made between parties with respect to that matter in any manner whatsoever. Each part to this Agreement acknowledges that no representation, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other prior agreement, statement or promise regarding this subject which is not contained in the Agreement shall be valid or binding upon either party. 4 0 C_1 n E IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed on the day and year first written above. APPROVED AS TO FORM: Robin Clauson Assistant City Attorney ATTEST: By: LaVonne Harkless City Clerk fAusers \pbw\shared \bay island\agreement.doc 5 CITY OF NEWPORT BEACH A Municipal Corporation Mayor City of Newport Beach BAY ISLAND CLUB L--fi 0 0 EXHIBIT "A" 9 That certain public service easement and sewer system in the City of Newport Beach, County of Orange, State of California as described in Deed to the City of Newport Beach recorded in Book 561, Page 156 of Official Records in the office of the County Recorder of said County more particularly described as follows: Beginning at a point in the centerline of the alley, 10.00 feet wide, as shown on map of Block A, East Newport Tract filed in Book 4, Page 51 of Miscellaneous Maps in the office of said Recorder, said point beginning 15.00 feet southeasterly of the southeasterly line of Island Avenue, 50.00 feet wide, as shown on said map; thence N73 027'50 "W along said centerline and the northwesterly prolongation thereof to a line parallel with and 6 feet northwesterly, measured at right angles, from said southeasterly line of Island Avenue; thence N16 035'19 "E along said parallel line to a point along the westerly side of a private bridge across an arm of Newport Bay, a distance of one hundred eleven (111) feet; thence north 35 055' East along the westerly side of the aforesaid bridge a distance of one hundred ninety - three (193) feet to a point; thence north 29 010' East a distance of fifty -five (55) feet to a point in the center of the pumping station designated as point "A" thence south 72 °50' East a distance of fifty (50) feet to the center of a manhole; thence north 28 025' East a distance of one hundred eighty (180) feet, to a point in the center of a manhole designated as point "B "; thence north 29 °10' East, a distance of two hundred twelve (212) feet to a point in the center of a flush tank; And also beginning at point "A" hereinbefore mentioned; thence north 60 050' West, a distance of forty (40) feet to the center of a manhole; thence north 29 010' East a distance of sixty (60) feet to the center of a lamphole; And also beginning at point "B" hereinbefore referred to; thence north 60 050' West a distance of ninety -six (96) feet to the center of a manhole; thence south 29 010' West a distance of one hundred two (102) feet to the center of lamphole. F: \Users \PBW \Shared \Bay Island \Exhibit A.doc 0 us 566 12 CL UB US 164 0 EXHIBIT "B" IS 566A \ N O �RT H US 561 Us PUBIC I SERVICE EASEMENT & EWjER SYSTEM 'r4 IS 166 us 163 J 24 0 fu A eN / 105 Q p` 25 70 69 68 67 � y ef7 103 7'T2 S Y 113 R# p 71 69P1 ° N 101 i b r u 6r qu, 41 Ri US 565 75 It 39 99 76 63 e 40 31 4 4 96 77 62 41 b 5 IS !65 15 6 17 / 6 z ` /r L ND 5 19 / 20 3 21 IS 564 22 2 12 CL UB US 164 0 EXHIBIT "B" IS 566A \ N O �RT H US 561 Us PUBIC I SERVICE EASEMENT & EWjER SYSTEM 'r4 us 163 T�R RR °0 106 fu A eN us 563 105 It p` 70 69 68 67 44 "4 ST y ef7 103 7'T2 S .4 � 37 113 R# p 71 69P1 36 to O N 101 i b r 74 y 6r qu, 41 Ri ' �` '� ` 75 It 39 99 76 63 e 40 31 4 4 96 77 62 41 b 5 `J US 1621 IS 562 56 a/ }Y 57 58 � UWFJ 0 0 STATE OF CALIFORNIA )ss. COUNTY OF ORANGE ) On 1999, before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me "that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State STATE OF CALIFORNIA )ss. COUNTY OF ORANGE ) On 1999, before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State 0 0 • Authorized -to Publish Advertisements of all kirdllikluding public notices by Decree of the Superior Court of Orange Counnttyy�Wfornla. Number A•6214, September 29, 1961, and A•24831 June 11, 1963. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. 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: April 8, 1999 April 15, 1999 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on April 15,199.2_ at Costa Mesa, California. Signature 414, -# 35 RECEIVED '99 APR 20 A10 :28 ®FFICE OF THE CITY CLERK CITY OF NEWPORT {EACH 0 STATE OF CALIFORNIA ) COUNTY OF ORANGE )ss CITY OF NEWPORT BEACH) 0 Donald Webb, being duly sworn, deposes and says: That he is over twenty -one years of age, and duly qualified to testify to the facts herein stated, and was at all times hereinstated Street Superintendent of the City of Newport Beach; and that as such Street Superintendent he caused to be posted conspicuously along the line of said contemplated vacation or abandonment, at not more than three hundred (300) feet in distance apart, but not less than three (3) in all, copies of the "Notice of Public Hearing ". Said Notice of Public Hearing hereto attached is an exact copy of words, figures and size of type of the notices so posted, and that the posting was completed on the 6th day of April, 1999. Total notices posted: 3 Don Webb, Street Superintendent of the City of Newport Beach, California CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT Stal COL On per: • evidence to be the person(s) whose name(s) is /are —.� subscribed to the within instrument and SHAUNA LYN OYLER acknowledged to me that he /she /they executed Commission# 1164149 the same in his /her /their authorized z Notary Public - Califomip Orange County capacity(ies), and that by his /her /their MYCamm.Expires Dec 5,2001 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted xecuted the instrument. WI S my hand nd i ' I se�Y Place Notary Seal Above Signatura,,itblederoPublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Title or Type of Document: _ Document Date: Signer(s) Other Than Named Abovri Capacity(ies) Claimed by Signer Signer's Name: Number of Pages: ❑ Individual Top of thumb here ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General • Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: ®1997 National Notary Association • 9350 be Soto Ave., P.O. Sox 2402 • Chatsworth, CA 91313 -2402 Prod. No. 5907 Reorder: Call Toll -Free 1 -800 -876 -682] NOTICt OF PUBLIC HEARING NOTICE IS HEREI3Y GIVEN THAT THE City Council of the City of Newport Beach will consider the vacation and abandonment of the Public Services Easement and sewer system serving Bay Island. The vacation process will be conducted pursuant to the California Street and Highways Code Section 8300 — Public Streets, Highways and Service Easements Vacation Law. The Public Services Easement and sewer system proposed for vacation is located on Bay Island and shown below: W ,h �. N O R T H :ASEMENT A NOTICE IS FURTHER GIVEN H EREBY that the City Council of the City of Newport Beach has set Monday, the 26th of April, 1999, at the hour of 7:00 P.M. as the time, and the Council Chambers as the place for the hearing of all persons interested in /or objecting to the proposed vacation, and said City Council at the same time and place will hear the evidence offered by any person interested in the proposed sewer system public services casement vacation. LaVonne M. Harkless City Clerk City of Newport Beach 0 0 • TO: Mayor and Members of the City Council FROM: Public Works Department (3 &) C _ 3a'� S April 12, 1999 CITY COUNCIL AGENDA ITEM NO. 23 SUBJECT: BAY ISLAND PUBLIC SERVICE EASEMENT AND VACATION RESOLUTION AND AGREEMENT RECOMMENDATIONS: Y6 F OR 12 1. Approve in concept the Draft Bay Island Public Service Easement and Sewer System Vacation Agreement. 2. Concur with the action of the City Clerk setting a Public Hearing for April 26, 1999, at 7:00 p.m. to consider the vacation of the Bay Island Public Service Easement and Sewer System. DISCUSSIONS: In the early 1920's, the Bay Island Club constructed sewer facilities to service their 24- lot private island community. These facilities were dedicated to the City by formal agreement. The City agreed to operate and maintain the Bay Island wastewater system. The facilities include approximately 950 linear feet of sewer lines and a submersible pump station. The City currently spends around $9,000 per year to maintain and operate the pump station. In 1996 the City completed the 20 -year wastewater master plan, which included recommendations for repairs of all the wastewater mains and pump stations. The 74- year old Bay Island pump station was identified for replacement, $300,000 was estimated as the project cost based on standard construction practices. A replacement pump station on Bay Island built to the current City standards would cost between $300,000 and $700,000 depending on the location. Access to the island is provided by a pedestrian bridge with a limited load capacity. Most equipment and materials used for construction on the island needs to be barged. This would include any mechanical equipment, backhoes, or materials required for the project. This will significantly increase the costs of the project. The 1925 dedication agreement included a clause which read... This grant nor the acceptance thereof by the City of Newport Beach shall never prevent or be construed as preventing the City of Newport Beach to cause the described sewer system or any part thereof to be hereafter repaired or reconstructed by assessments upon Private property SUBJECT: BAY ISLAND�IC SERVICE EASEMENT AND SEWER SY�M VACATION RESOLUTION AND AGREE April 12, 1999 Page 2 0 under any improvement act of the State of California, as in other instances. This essentially means the City can assess the property owners for the cost of any major repairs or reconstruction. In lieu of being assessed for pump station reconstruction costs, the Bay Island Club has agreed to take back the sewer system (including the pump station) in exchange for $150,000. This is the present value of the City's estimated annual maintenance costs of $9,000. The concept of vacating and abandoning the facilities was discussed and approved by the Public Works Committee in February 1998. Since the Public Service Easement and Sewer System was granted to the City, it will be necessary to utilize the Public Streets, Highways and Service Easements Vacation Law procedures to return the easements and facilities to the Bay Island Club. In accordance with the law, the City Clerk has scheduled a Public Hearing for April 26, 1999, to take testimony on the proposed vacation and abandonment. Attached for the City Council conceptual approval is the proposed vacation agreement and vacation resolution. The Bay Island Club supports the vacation and abandonment of the easement and sewer system with the City's contribution of $150,000 to cover future maintenance of the sewer system. 0 Respectfully tt �, subml 17�,� %`� �v P BLIC WORKS DEPARTMENT Don Webb, Director By: ZW�J,-,,X Mi ael J. Sinacori, P.E. Utilities Engineer Attachments: Draft Agreement w/ attachments Resolution w /attachments 0 \ \mis_t\sys \users\pbw \shared \council \y98- 99\april -12 \bay island.doc E DRAFT • RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach P. O. Box 1768 Newport Beach, CA 92658 -8915 THIS SPACE FOR RECORDER': Exempt Recording Request per Government Code 6103 BAY ISLAND PUBLIC SERVICE EASEMENT AND SEWER SYSTEM VACATION AGREEMENT THIS BAY ISLAND PUBLIC SERVICE EASEMENT AND SEWER SYSTEM VACATION AGREEMENT ( "AGREEMENT ") entered into this 26`h day of April, 1999, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation, (hereinafter referred to as "CITY ") and BAY ISLAND CLUB, , whose address is 25 Bay Island, CA 92663 (hereinafter referred to as "OWNER ") is made with reference to the following: RECITALS: A. OWNER is a real property cooperative that owns an approximately 5.5 acre island in Newport Harbor within the city. The island is known as Bay Island and is subdivided into 25 lots with no public streets or public access. B. In the early 1920's, OWNER constructed sewer lines and a sewer pump station ( "SEWER SYSTEM ") to provide sewer service to each of the individual lots on the island. • i 1. • DRAFT C. In 1925 OWNER granted the SEWER SYSTEM to the CITY and granted • to CITY a 5 foot wide right -of -way, along each side of the sewer pipeline ( "PUBLIC SERVICE EASEMENT ") for City to repair and maintain the SEWER SYSTEM. D. Since 1925, CITY has maintained all or a portion of the SEWER SYSTEM. For the last 15 to 20 years, OWNER has maintained the sewer pipelines and CITY has only maintained the pump station. The lack of streets on Bay Island and the privacy interest of OWNER in the property has restricted the ability of CITY to access the sewer lines for repair and maintenance of the SEWER SYSTEM. E. The approximate cost for CITY to maintain and repair the SEWER SYSTEM is approximately $9,000 per year. There are additional unknown costs anticipated to be necessary to upgrade, or replace the 74 year old SEWER SYSTEM. CITY has estimated costs in the range of $300,000 to $700,000 to replace and bring the existing SEWER SYSTEM up to current City standards. F. The 1925 Agreement provides that CITY may require OWNER to assess itself under an improvement act for needed repairs or reconstruction of the SEWER SYSTEM. In lieu of assessments by CITY, OWNER has agreed to accept return of ownership and responsibility of the SEWER SYSTEM to OWNER and for CITY to vacate the PUBLIC SERVICE EASEMENT in exchange for a lump sum payment of $150,000 to cover future operation and maintenance costs. G. CITY and the public will benefit from this agreement because CITY's Sewer Fund will no longer be responsible to maintain, repair or operate what is an essentially a private sewer system serving Bay Island, which is private property, inaccessible to the public and owned as a cooperative made up of the individual members of the Bay Island Club. The SEWER SYSTEM operates solely for the benefit 2 4 DRAFT • of and is located on OWNER's private property and is unnecessary for present or prospective public use. H. The transfer of the SEWER SYSTEM to Bay Island Club is financially beneficial to both OWNER and City. NOW THEREFORE, the Parties agree as follows: 1. CITY will proceed to vacate the PUBLIC SERVICE EASEMENT and SEWER SYSTEM in accordance with procedures found in the Public Streets, Highways, and Service Easements Vacation Law found in Streets & Highways Code, Section 8300, et seq. 2. Ownership and control of the SEWER SYSTEM shall be automatically transferred to OWNER, upon the date City Council adopts a Resolution to vacate the • PUBLIC SERVICE EASEMENT and the SEWER SYSTEM facilities located within the easement. The SEWER SYSTEM is legally described in Exhibit "A" attached hereto and incorporated herein by reference; and depicted on Exhibit "B" attached hereto and incorporated herein by reference. 3. OWNER agrees to accept the SEWER SYSTEM and to accept responsibility for all costs and expenses for future operations, maintenance, repair and replacement of the SEWER SYSTEM. 4. In consideration of OWNER's agreement to accept ownership of the SEWER SYSTEM, and the OWNER's agreement to maintain, repair and be forever responsible for the SEWER SYSTEM, CITY will pay OWNER the sum of $150,000. OWNER and CITY agree that $150,000 is representative of the amount of money • required to provide current operation and maintenance costs in the amount of $9,000 per year. 3 5 DRAFT 5. This Agreement shall become effective and all ownership of the SEWER • SYSTEM shall transfer to OWNER on the date City Council adopts the Resolution, attached hereto as Exhibit "C. 6. Any notice or other document and all payments required or permitted to be given by either party hereto to the other party shall be deemed received upon delivery in person to the recipient or upon deposit in the United States mail in the State of California, with postage prepaid, and addressed to the party for who intended at the following address: To the City: City of Newport Beach Public Works Department — Utilities 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658 -8915 To Owner: Bay Island Club • 25 Bay Island Newport Beach, CA 92664 7. This Agreement supersedes any and all other agreements, either oral or in writing, between the parities hereto with respect to providing sewer service to Bay Island, and contains all of the covenants and agreements made between parties with respect to that matter in any manner whatsoever. Each part to this Agreement acknowledges that no representation, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other prior agreement, statement or promise regarding this subject which is not contained in the Agreement shall be valid or binding upon either party. . 4 b 0 DRAFT IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed on the day and year first written above. APPROVED AS TO FORM: By: Robin Clauson Assistant City Attorney ATTEST: By: • LaVonne Harkless City Clerk fAuserslpbwlsharedlbay islandlagreement.doc 5 CITY OF NEWPORT BEACH A Municipal Corporation Mayor City of Newport Beach BAY ISLAND CLUB By: • DRAFT ) STATE OF CALIFORNIA )ss. COUNTY OF ORANGE ) On 1999, before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State STATE OF CALIFORNIA )ss. COUNTY OF ORANGE ) On 1999, before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State 0 • 1] 0 0 0 0 EXHIBIT "A" That certain public service easement and sewer system in the City of Newport Beach, County of Orange, State of California as described in Deed to the City of Newport Beach recorded in Book 561, Page 156 of Official Records in the office of the County Recorder of said County more particularly described as follows: Beginning at a point in the centerline of the alley, 10.00 feet wide, as shown on map of Block A, East Newport Tract filed in Book 4, Page 51 of Miscellaneous Maps in the office of said Recorder, said point beginning 15.00 feet southeasterly of the southeasterly line of Island Avenue, 50.00 feet wide, as shown on said map; thence N73 027'50 "W along said centerline and the northwesterly prolongation thereof to a line parallel with and 6 feet northwesterly, measured at right angles, from said southeasterly line of Island Avenue; thence N16 03519 "E along said parallel line to a point along the westerly side of a private bridge across an arm of Newport Bay, a distance of one hundred eleven (I 11) feet; thence north 35 055' East along the westerly side of the aforesaid bridge a distance of one hundred ninety- three (193) feet to a point; thence north 29 010' East a distance of fifty -five (55) feet to a point in the center of the pumping station designated as point "A" thence south 72 050' East a distance of fifty (50) feet to the center of a manhole; thence north 28 025' East a distance of one hundred eighty (180) feet, to a point in the center of a manhole designated as point "B "; thence north 29 010' East, a distance of two hundred twelve (212) feet to a point in the center of a flush tank; And also beginning at point "A" hereinbefore mentioned; thence north 60 050' West, a distance of forty (40) feet to the center of a manhole; thence north 29 010' East a distance of sixty (60) feet to the center of a lamphole; And also beginning at point "B" hereinbefore referred to; thence north 60 050' West a distance of ninety -six (96) feet to the center of a manhole; thence south 29 010' West a distance of one hundred two (102) feet to the center of lamphole. FAUsers \PBW \Shared \Bay Island \Exhibit A.doc US • EXHIBIT "B" US 566 US 566A N O R T H US 66 QJ 2` / 25 'O D US 565 / US 165 V 6 / 6 / / J C / / 6 / 5 L ND 19 / 20 �. 21 ' 12 i) £Dc,r VIII US 163 AT�R ID6 A Zv .P as 70 S 67 , --4 3r 69 68 rq ID3 J�2 ! 37 113 p 73 68Sr �� yy4L lE 111 6 46 101 e 74 O y <y I1B p 100 GV 75 IT 39 3T O ! I 4 � 99 J6 63 IT 10 31 4 96 77 r 62 41 30 5 m BEWIERES SYSTEM & I US 563 US 1621 US 562 l` uCF 56 9 um M RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach P. O. Box 1768 Newport Beach, CA 92658 -8915 0 i THIS SPACE FOR RECORDER'! Exempt Recording Request per Government Code 6103 RESOLUTION NO.99- ONLY A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE VACATION AND ABANDONMENT OF BAY ISLAND PUBLIC SERVICE EASEMENT AND SEWER SYSTEM; 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 0 8300 et seg. of the Streets & Highways Code) is authorized to vacate a public service easement; 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 this Bay Island 10' wide sewer right of way, ( "Public Service Easement ") and has determined that the proposed vacation is of a minor nature and is consistent with the General Plan; and WHEREAS, the City Council finds and determines from all of the evidence submitted that the Bay Island public service easement and sewer system described 41 herein is located on private property under a single property owner and unnecessary for present or prospective public use; and WHEREAS, the C'i Council of the City of Newport Beach desires to vacate the Bay Island public service easement and sewer system, legally described in the attached Exhibit "A" and depicted on a map as Exhibit "B ", the vacation to be processed pursuant to the provisions of the Streets, Highways and Service Easements Vacation Law. WHEREAS, Notice of the intention to vacate and abandon the public service easement was given in accordance with California Streets & Highways Code, Section 8322 and 8323. NOW, THEREFORE, be it resolved by the City Council of the City of Newport Beach that the Bay Island public service easement and sewer system, legally described in the attached Exhibit "A ", and depicted on the map as Exhibit "B" is hereby ordered vacated and abandoned. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to have this resolution recorded by the Orange County Recorder. Adopted this 26th day of April 1999. MAYOR ATTEST: CITY CLERK fAusers\pbwlshared \bay island\resolubon.doc E STATE OF CALIFORNIA )ss. • COUNTY OF ORANGE ) On 1999, before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State • ) STATE OF CALIFORNIA )ss. COUNTY OF ORANGE ) On 1999, before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State • • EXHIBIT "A" • That certain public service easement and sewer system in the City of Newport Beach, County of Orange, State of California as described in Deed to the City of Newport Beach recorded in Book 561, Page 156 of Official Records in the office of the County Recorder of said County more particularly described as follows: Beginning at a point in the centerline of the alley, 10.00 feet wide, as shown on map of Block A, East Newport Tract filed in Book 4, Page 51 of Miscellaneous Maps in the office of said Recorder, said point beginning 15.00 feet southeasterly of the southeasterly line of Island Avenue, 50.00 feet wide, as shown on said map; thence N73 027'50 "W along said centerline and the northwesterly prolongation thereof to a line parallel with and 6 feet northwesterly, measured at right angles, from said southeasterly line of Island Avenue; thence N16 035'19 "E along said parallel line to a point along the westerly side of a private bridge across an arm of Newport Bay, a distance of one hundred eleven (111) feet; thence north 35 055' East along the westerly side of the aforesaid bridge a distance of one hundred ninety - three (193) feet to a point; thence north 29 010' East a distance of fifty -five . (55) feet to a point in the center of the pumping station designated as point "A" thence south 72 050' East a distance of fifty (50) feet to the center of a manhole; thence north 28 025' East a distance of one hundred eighty (180) feet, to a point in the center of a manhole designated as point "B "; thence north 29 010' East, a distance of two hundred twelve (212) feet to a point in the center of a flush tank; And also beginning at point "A" hereinbefore mentioned; thence north 60 °50' West, a distance of forty (40) feet to the center of a manhole; thence north 29 010' East a distance of sixty (60) feet to the center of a lamphole; And also beginning at point "B" hereinbefore referred to; thence north 60 050' West a distance of ninety -six (96) feet to the center of a manhole; thence south 29 010' West a distance of one hundred two (102) feet to the center of lamphole. El FAUsers \PBW \Shared \Bay Island \Exhibit A.doc I* 110 EXHIBIT "B" US 566 US 566A N O R T H us ,66 $ 24 / 12 y4, 25 0 A Y n / US 561 10 US 565 / 9 VS 161 US ,65 5 8 7 / PUB IC SERVICE EASEMENT 17 6 ,a ,� L ND & E ER SYSTEM 5 19 / / 4 20 3 US 52 21 US 562 us 22 2 CL UB I us 64 I 64DC US 163 e � T� AR �i 6a A ku IDS 105 S ENVe ,10• � � 70 69 68 ; e4sp 87 %13 r�2 S Q 37 ^e O 113 101 2 4t 73 y. BY N 4) no IK b ! 74 r 41 38 R % J 115 p ` 75 � IT 39 3T 4 go 76 63 R2' 40 31 4 98 77 r 82 41 30 5 • US 563 58 rp us R Xc. 11, bolo p........ Public m". D�p4rlwnnr Xuc4 M90