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Home My WebLink About2023-55 - Summarily Vacating a Portion of a Public Sewer Easement at 850 San Clemente Drive (Parcel 1 of Lot Merger No. LM2018-004)9/27/23, 11:45 AM Batch 16387373 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 TITLE OF DOCUMENT: Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder II I II III I III III III III I 111 NO FEE *$ R 0 0 1 4 5 7 5 9 4 2 $ * 202300023507411:38 am 09/27/23 90 CR-SC06 R28 7 0.00 0.00 0.00 0.00 18.00 0.00 0.000.000.00 0.00 THIS SPACE FOR RECORDER'S USE ONLY Exempt Recording Request per Government Code Section § 27383 RESOLUTION NO. 2023-55 A, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, SUMMARILY VACATING A PORTION OF A PUBLIC SEWER EASEMENT AT 850 SAN CLEMENTE DRIVE (PARCEL 1 OF LOT MERGER NO. LM2018-004) https://gs.secure-erds.com/Batch/Confirmation/l6387373 5/6 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 TITLE OF DOCUMENT: THIS SPACE FOR RECORDER'S USE ONLY Exempt Recording Request per Government Code Section § 27383 RESOLUTION NO. 2023-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, SUMMARILY VACATING A PORTION OF A PUBLIC SEWER EASEMENT AT 850 SAN CLEMENTE DRIVE (PARCEL 1 OF LOT MERGER NO. LM2018-004) RESOLUTION NO. 2023-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, SUMMARILY VACATING A PORTION OF A PUBLIC SEWER EASEMENT AT 850 SAN CLEMENTE DRIVE (PARCEL 1 OF LOT MERGER NO. LM2018-004) WHEREAS, the City Council ("City Council") of the City of Newport Beach ("City"), pursuant to Chapter 4 of the Public Streets, Highways and Service Easements Vacation Law, Section 8330 et seq. of the California 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; the date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation and the easement was not used continuously since that date; or the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement, WHEREAS, the property owner of 850 San Clemente Drive ("Property") has requested the City vacate a section of a 15-foot public sewer easement ("Easement"), which section is legally described in Exhibit "A" and shown in Exhibit "B", from the Property, with another section of the Easement, also shown in Exhibit "B," to remain; WHEREAS, the segment of the 8-inch sewer main in the section of the Easement proposed for vacation was abandoned in place as part of the Vivante Newport Center project, there are no active City facilities in that section of the Easement, and thus that section of the Easement is unnecessary for future sewer purposes; and WHEREAS, the City Council, having reviewed and considered the various elements of the City's General Plan with respect to the proposed summary vacation of the specified section of the Easement, has determined that the proposed summary vacation is consistent with the General Plan. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby summarily vacate the section of the Easement described in Exhibit "A" and shown in Exhibit "B" as the sewer easement area to be vacated on the grounds that the portion of the Easement is excess and there are no other public facilities therein. Section 2: The City Clerk is hereby directed to record this resolution in the office of the Orange County Recorder in accordance with Section 8336 of the California Streets and Highways Code. Resolution No. 2023-55 Page 2 of 3 Section 3: That from and after the date the resolution is recorded, the portion of the Easement described in Section 1 no longer constitutes a public service easement. Section 4: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 5: 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 6: 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. 2023-55 Page 3 of 3 Section 7: 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 26th day of Septeml ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY TTORNEY'S OFFICE Aaron C. Harp City Attorney Attachment(s): Exhibit A — Legal Description of Easement Exhibit B — Map of Easement EXHIBIT NAJh SEVVER EASEMENT QUITCLAIM LEGAL DESCRIPTION IN THE ClTe OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CAUFCRNIA, THOSE PORTIONS OF ?AR -,EL ', AS DESCRIBED IN LOT MERGER NO. LM 201E—M4 RECCR€}ED JUKE 2. 2020 AS INSTRUMENT NO. 20200CG269446 OF CFFICIAL RECORDS OF SAID COUNTY, DESCRIBED IN PARCELS AS FOLLOWS: PARCEL 4 STRIP OF LAND 15.00 FEET IN WIDTH LYING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING =.T A POINT ON THE EASTERLY LINE OF SAID PARCEL I DISTANT NORTH 10'37'47'* EAST FEET FROM THE SOUTHEASTERLY CORNER OF SAID PARCEL 1; THENCE `a;)RTH 79'22*13° WEST 3,02.89 FEET; THENCE SOUTH 82'58'00" 'NEST 93.00 FEET TO A POINT OF ENDING. THE ABOVE DESCRIBED STRIP OF LAND IS ALSO DESCRIBED AS A CITY OF NEWPORT BEACH -E','.EF' EASEMENT IN THE DOCUMENT RECORDED JULY 19. 1977,.IN BOOK 122'96, PAGE 1131 .AND A CRTU--'� OF A CITY OF NEWPORT BEACH SEWER EASEMENT IN THE DOCUMENT RECORDED JULY 28, 1999 AS INSTRUMENT NO. 19990550354 BOTH OF OFFICIAL RECORDS_ THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 5,943 SCIUARE FEET, MORE OR LESS, SHOWN IN EXHIBIT "B°, ATTACHED HERET1::.A-117 BY THIS REFERENCE MADE A PART HERE, F THIS DESCRIPTION WAS PREPARED BY VE i-DIR UNDER MY DIRECTION, IN CONFORMANCE '-'dTH THE PROFESSIONAL LAND SURVEYOR'S ACT. 8/31/23 AcHAEL R-TRUW , F;LS. d" OATE PAGE 1 �f EXHIBIT "B" = E',VE ' EASEMENT QUITCLAIM NORTHERLY LINE _M 2 11R—DC4 I I I I I I I I I PARCEL 1 LOT MERGER NO. LM 2018-004 " I I I I �-• INSTRUMENT NO. 2020000269446 ' EASTERLY LINE -,^?,OPT OF EASEMENT EASEMENT TO BE LM 2W89 004 L' l'CITCLAIMED PER QUITCLAIMED PER dt7C. 07/28/99 REC- 07/19/77 IN P.O.B. r AS IP.`:Tz. #19490-880354 BC, 12296, PG. 1131 PAR. A 0 rs I ^ I t' �N 79i2'13- W 302.89's 1 :... I 0 OUTHEASTERLY CORNER PARCEL 1 1� ti56.84' LM 2018-004� 4•' V 73 72'13" W 232.00' _ 39 C6 SAN CLEMENTE DRIVE PORTION OF EASEMENT _�-`TO REMAIN PER DOC. {- RLC, 07/28/99 AS INSTR, J19990880354 h+}iOTE- THIS MAIR WAS COMPILED FROM RECORD DATA PER P.M.B. 8118 - 9 ='REPARED UNDER MY DIRECTION ' - Vr I DATE `5/13f23 v _ Nu. 9$99 C 30r 60' 120' i inch =60 fL LEGEND: Q ACER E QUUI GU EASEMENTAREA tED EEO TO SE'td1=R EASEMENT r TO REMAIN P,O,B, POINT OF BEGINNING PLAT TAIT % ASSOCIATES INC. CITY OF NEWPORT BEACH Engineering- Surveying-Envtronmental F I COUNTY OF ORANGE 701 PARKCENTFR DP.VE, SANTA Wk, CALIFORNIA 921 o STATE OF CALIFORNIA TEL. (714) 560-82€C 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. 2023-55 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 26th day of September, 2023; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Noah Blom, Mayor Pro Tern Will O'Neill, Councilmember Brad Avery, Councilmember Robyn Grant, Councilmember Lauren Kleiman, Councilmember Joe Stapleton, Councilmember Erik Weigand NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 27th day of September, 2023. r n Leilani I. Brown City Clerk Newport Beach, California H