HomeMy WebLinkAbout2002-14 - Irrevocable Offer to Dedicate Easement - 2800 Lafayette AvenueRECORDING REP � _ &9&6 QND
WHEN RECORDED RETURN TO:C�
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City Clerk
City of New o�.WcfF THE CITY CLERA
P. O. Box 1 68 " r ur KWPORT BEACH
Newport Beach, CA 92658 -8915
TITLE OF DOCUMENT:
Recorded in Official Records, County of Orange
Gary Granville, Clerk- Recorder
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THIS SPACE FOR RECORDER'S USE ONLY.
Exempt Recording Request per Government Code 6103
Resolution No. 2002 -14
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RESOLUTION NO. 2002- 14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
RELATING TO THE CITY'S ACCEPTANCE OF AN
IRREVOCABLE OFFER TO DEDICATE AN EASEMENT
FOR PUBLIC ACCESS AT 2800 LAFAYETTE AVENUE
WHEREAS, the State of California, acting as the California Coastal Commission, has
conditioned Coastal Development Permits (CDPs) to provide for lateral and vertical public
access easements; and
WHEREAS, on December 8, 1980, Nicholas H. Delaney and Jane M. Delaney, acting as
Trustees of the Nicholas H. Delaney and Jane M. Delaney 1978 Trust, offered to dedicate to
the People of the State of California an easement in perpetuity for public access and passive
recreational use along the shoreline located on the property at 2800 Lafayette Avenue in
Newport Beach a 5 foot wide easement located along the 5 foot walkway between the
bulkhead and the building structure as recorded on February 13, 1981 in Book 13938, Page
893 of the Records of the County of Orange; and
WHEREAS, this easement was granted and recorded in consideration for the California
Coastal Commission's granting of the property owner's request for specific coastal
development; and
WHEREAS, the City of Newport Beach is entitled to accept the easement on behalf of the
People of the State of California; and
WHEREAS, the City of Newport Beach is desirous of maintaining and enhancing public
access along Newport Bay and the shoreline; now, therefore be it
RESOLVED by the City Council of the City of Newport Beach that the Council does
hereby:
1 — Find that the acceptance of the easement in question is categorically exempt (General
Rule Class) from the provisions of the California Environmental Quality Act.
2 — Find that pursuant to Section 711.4(c)(2)(A) of the California Fish and Game Code, this
acceptance is exempt from required fees, as it is categorically exempt from CEQA.
3 — Accept the Irrevocable Offer to Dedicate to the People of the State of California an
easement in perpetuity for public access and passive recreational use offered in that certain
document recorded on February 13, 1981 in Book 13938, Page 893 of the Records of the
County of Orange.
4 — Direct that a certified copy of this Resolution, attested to by the City Clerk under seal,
be recorded, without acknowledgement or further proof, in the office of the Recorder of the
County of Orange.
ADOPTED this 22nd day of January, 2002.
ATTEST:
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1
MAYOR
STATE OF CALIFORNIA }
COUNTY OF ORANGE } as.
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. 2002 -14 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
22nd day of January, 2002, and that the same was so passed and adopted by the following vote, to
wit:
Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 23rd day of January, 2002.
(Seal)
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City Clerk
Newport Beach, California