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Home My WebLink About2020-43 - Declaring the City's Summary Vacation of an Existing 10-Foot Wide Public Utilities Easement within a Portion of Lot 93 of Tract No. 1701 at 700 Malabar Drive and Directing the City Clerk to Record Same with the County Recorder's OfficeBatch 6511832 Confirmation RECORDED REQUESTED BY AND MAIL DOCUMENT TO: City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 Attn: City Clerk's Office (Exempt From Recording Fees Pursuant to Recorded in Official Records, Orange County :Hugh Nguyen, Clerk -Recorder 111111111111111111111111111111111111111111111111111111111111111111111111 NO FEE *$ R 0 0 1 1 7 0 4 9 3 5$* 202000023548612:24 pm 05126/20 65 Sec4A R28 6 0.00 0.00 0.00 0.00 15.00 0.00 0.000.000.00 0.00 (Space Above This Line for Documentary Transfer tax is $0. This is a conveyance of an easement (Public Utilities) and the consideration and value is less than $100.00, R & T 11911. RESOLUTION NO. 2020-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DECLARING THE CITY'S SUMMARY VACATION OF AN EXISTING 10 - FOOT WIDE PUBLIC UTILITIES EASEMENT WITHIN A PORTION OF LOT 93 OF TRACT NO. 1701 AT 700 MALABAR DRIVE 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 Section 8300 et seq. of the Streets & Highways Code (the Public Streets, Highways and Service Easements Vacation Law), is authorized to vacate public service easements; WHEREAS, the City Council of the City of Newport Beach, pursuant to Section 8333 et seq. of the Streets & Highways Code is authorized to summarily 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 the proposed vacation; or the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located with the easement; WHEREAS, the City Council of the City of Newport Beach received a request from the owner of property located at 700 Malabar Drive, Newport Beach, California ("Property"), to abandon a portion of the public utilities easement within the Property for development; WHEREAS, the public utilities easement within the Property is unnecessary for present or future public utilities purposes; https:Hgs.secure-recording.com/Batch/Confirmation/6511832 05/26/2020 RECORDED REQUESTED BY AND MAIL DOCUMENT TO: City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 Attn: City Clerk's Office (Exempt From Recording Fees Pursuant to Government Code § 27383) (Space Above This Line for Recorder's Use Only) Documentary Transfer tax is $0. This is a conveyance of an easement (Public Utilities) and the consideration and value is less than $100.00, R & T 11911. RESOLUTION NO. 2020-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DECLARING THE CITY'S SUMMARY VACATION OF AN EXISTING 10 - FOOT WIDE PUBLIC UTILITIES EASEMENT WITHIN A PORTION OF LOT 93 OF TRACT NO. 1701 AT 700 MALABAR DRIVE 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 Section 8300 et seq. of the Streets & Highways Code (the Public Streets, Highways and Service Easements Vacation Law), is authorized to vacate public service easements; WHEREAS, the City Council of the City of Newport Beach, pursuant to Section 8333 et seq. of the Streets & Highways Code is authorized to summarily 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 with the easement; WHEREAS, the City Council of the City of Newport Beach received a request from the owner of property located at 700 Malabar Drive, Newport Beach, California ("Property"), to abandon a portion of the public utilities easement within the Property for development; WHEREAS, the public utilities easement within the Property is unnecessary for present or future public utilities purposes; WHEREAS, there are no public facilities within the public utilities easement within the Property; 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 the easement on this Property and has determined that the proposed vacation is consistent with the General Plan; and WHEREAS, the City Council of the City of Newport Beach desires to summarily vacate the public utilities easement within the Property as described in Attachment "A" and depicted on Attachment "B" attached hereto, the vacation to be processed pursuant to the provisions of the Public Streets, Highways and Service Easements Vacation Law. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby summarily vacate and abandon the portion of the public utilities easement legally described in Attachment "A" and depicted on the map attached as Attachment "B" based on the evidence submitted. Section 2: The City Clerk is hereby directed to have this resolution recorded by the Orange County Recorder. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 4: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 5: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Resolution No. 2020-43 Page 3 of 3 Section 6: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 12th day of May, 2020. ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY TTORNEY'S OFFICE aron C. Harp City Attorney Will O'Neill Mayor Attachments: Attachment A — Legal Description of Vacated Public Utilities Easement Attachment B — Map of Vacated Public Utilities Easement BEING THAT PORTION OF THE EASEMENT FOR PUBLIC UTILITIES LYING WITHIN LOT 93, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON TRACT NO. 1701, FILED IN BOOK 52, PAGES 9 AND 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 91 OF SAID TRACT NO. 1701, SAID SOUTHERLY CORNER BEING A POINT ON A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 160.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 31020'35" WEST; THENCE EASTERLY ALONG SAID CURVE AND THE SOUTHERLY LINE OF SAID LOT 91, AN ARC DISTANCE OF 24.56 FEET THROUGH A CENTRAL ANGLE OF 08047'40" TO THE BEGINNING OF A REVERSE CURVE HAVING A RADIUS OF 440.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 22°32'55" WEST; THENCE EASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 30.86 FEET THROUGH A CENTRAL ANGLE OF 04901'05" TO THE MOST EASTERLY CORNER OF SAID LOT 91, SAID POINT ALSO BEING ON A RADIAL LINE TO SAID CURVE BEARING SOUTH 26°34'00" EAST; THENCE SOUTHERLY ALONG SAID RADIAL LINE SOUTH 26034'00" EAST 10.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 450.00 FEET; THENCE WESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 31.56 FEET THROUGH A CENTRAL ANGLE OF 04001'05" TO THE BEGINNING OF A REVERSE CURVE HAVING A RADIUS OF 150.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 22032'55" WEST; THENCE WESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 23.02 FEET THROUGH A CENTRAL ANGEL OF 08047'40" TO A POINT ON A RADIAL LINE TO SAID CURVE BEARING NORTH 31020'35" WEST; THENCE NORTHERLY ALONG SAID RADIAL LINE, NORTH 31020'35" WEST 10.00 FEET TO THE POINT OF BEGINNING. CONTAINS: 550 SQ. FT. PREPARED BY ME OR UNDER MY DIRECTION. CC os--os-�v A. WALDEN, P.LS. 7914 DATE ALDEN & ATTACHMENT "A" SOCIATES LEGAL DESCRIPTION VACATION OF EASEMENT FOR PUBLIC UTILITIES 700 MALABAR DRIVE, NEWPORT BEACH, CALIFORNIA CIVIL ENGINEERS -LAND SURVEYORS -PLANNERS APN: 050--293-09 2552 WHITE ROAD, SUITE B • IRVINE, CA 92614-6236 W.O. No. 2032-369-001 Date 05/05/2020 (949) 660-0110 FAX: 660-0418 Engr. B.J.W. Chk'd. J.W. Sheet 1 of 1 L07 89 a LOT 90 700 MALABAR DR. 2 'oo oo• �� CURVE TABLE LOT 917 � RADIUS LENGTH C 1 8047'40" 271.00' 41.60' C2 4001'05" 329.00' LOT 92 � G 8047'40" 160.00' POINT OFoo, �� G� �i �� EXISTING 10' �o EASEMENT FOR 440.00' BEGINNING C5 oo PUBLIC UTILITIES EXISTING 10' 31.56' C6 PER TRACT NO 1701 EASEMENT FOR 23.02' ` C)a�;; PUBLIC UTILITIES PER TRACT NO 1701 \ /� p Vul. CURVE TABLE CURVE DELTA RADIUS LENGTH C 1 8047'40" 271.00' 41.60' C2 4001'05" 329.00' 23.07' C3 8047'40" 160.00' 24.56' C4 901'05" 440.00' 30.86' C5 4°01'05' 450.00' 31.56' C6 8°47'40" 1 150.00' 23.02' NI ®AREA OF EASEMENT TO BE VACATED 40 20 0 40 SCALE IN FEET 1 INCH = 40 FEET VWDEN & ATTACHMENT "B" SOCIATES SKETCH TO ACCOMPANY LEGAL DESCRIPTION VACATION OF EASEMENT FOR PUBLIC UTILITIES 700 MALABAR DRIVE, NEWPORT BEACH, CALIFORNIA CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS APN: 050-293-09 2552 WHITE ROAD, SUITE B • IRVINE, CA 92614-6236 W.O. No. 2032-369-001 Date 05/05/2020 (949) 660-0110 FAX; 660-0418 Engr. B.J.W. Chk'd. J.W. Sheet 1 of 1 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; the foregoing resolution, being Resolution No. 2020-43, was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 12th day of May, 2020; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman, Council Member Kevin Muldoon NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 131h day of May, 2020. Leilani I. Brown City Clerk Newport Beach, California