HomeMy WebLinkAbout04 - Summary Vacation of Existing Public Utilities Easement at 628 Malabar Drive - Amended ResolutionMay 11, 2021
Item No. 4
RESOLUTION NO. 2021-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, DECLARING THE
CITY'S SUMMARY VACATION OF AN EXISTING TEN
(10) FOOT WIDE PUBLIC UTILITIES EASEMENT WITHIN
A PORTION OF LOT 93 OF TRACT NO. 1701 AT 628
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 ("City"), pursuant to the
provisions of Section 8300 et seq. of the Streets and Highways Code (the Public Streets,
Highways and Service Easements Vacation Law), is authorized to vacate public service
easements;
WHEREAS, the City Council, pursuant to Section 8333 of the Streets and
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has been superseded by relocation, or determined to be excess by the easement holder,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 within the easement;
WHEREAS, the City Council received a request from the property owner of 628
Malabar Drive ("Property") to abandon the portion of the City's public utilities easement
within the Property, as described in Attachment "A" and depicted on Attachment "B", both
of which are attached hereto and incorporated herein for reference ("Easement");
WHEREAS, th aseO unnecessary for present or future public utilities
purposes;
WHEREAS, there aFe no public facilities within the Easement;
WHEREAS, the City Council has reviewed and considered the various elements
of the General Plan of the City prior to declaring its intent to vacate the Easement and
has determined that the proposed vacation is consistent with the General Plan; a44d
WHEREAS, based on the nature and location of the Easement, the City Council
determines, in accordance with Sections 892 and 8314 of the Streets and Highways
Code, that the Easement is not useful as a nonmotorized transportation facility: and
WHEREAS, the City Council desires to summarily vacate the Easement 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:
Resolution No. 2021 -
Page 2 of 3
Section 1: The City Council does hereby summarily vacate and abandon the
portion of the Easement within the Property, legally described in Attachment "A" and
depicted on the map attached as Attachment "B", both of which are attached hereto and
incorporated herein for reference, based on the evidence submitted. After the date this
resolution is recorded, the Easement will no longer constitute a public service easement.
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 California Environmental Quality Act (
activity will not result in a direct or reason
environment) and 15060(c)(3) (the activit
of the CEQA Guidelines, California Code
because it has no potential for resulting in
indirectly.
adoption of this resolution is not subject to
_QA") pursuant to Sections 15060(c)(2) (the
( foreseeable indirect physical change in the
F not a project as defined in Section 15378)
Regulations, Title 14, Division 6, Chapter 3,
ysical change to the environment, directly or
Resolution No. 2021 -
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 11th day of May, 2021.
Brad Avery
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp
City Attorney
Attachments: Attachment A — Legal Description of Vacated Public Utilities Easement
Attachment B—'Map of Vacated Public Utilities Easement