HomeMy WebLinkAbout2004-66 - 207 Evening Canyon Sewer EasementRECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
City Clerk's Office
City of Newport Beach
Post Office Box 1768
Newport Beach, CA 92659 -1768
Recorded in Official Records, Orange County
Tom Daly, Clerk- Recorder
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EXEMPT RECORDING REQUEST PER
RESOLUTION NO. 2004- 66 GOVERNMENT CODE 6103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ORDERING THE VACATION AND
ABANDONMENT OF A 5 -FOOT SEWER EASEMENT LOCATED A
PORTION OF LOT 123, TRACT 1116, ALSO KNOWN AS 207
EVENING CANYON ROAD; 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 Street Vacation Act (Section 8300 of the Streets & Highways Code) is
authorized to vacate portions of public easements; 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 the easement 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 vacate a 5-
foot sewer easement described as follows:
Being a strip of land 5.00 feet wide lying 2.50 feet on each side of the
following described centerline:
Beginning at a point in the southerly line of said Lot 123 distant north
75 °10'41" west 100.00 feet from the southeasterly corner of said Lot
123;
Thence north 22 030'48" east a distance of 74.06 feet in a direct line to a
point in the southerly line of Lot 124 of said Tract No. 1116, said
point being distant south 72 023'44" east 85.46 feet from the
southeasterly corner of said Lot 124;
The sidelines of said strip shall be lengthened or shortened as to join said
southerly line of Lot 124 and said northerly line of Lot 123;
Said strip is legally described in Exhibit "A" and depicted on the map as
Exhibit "B ". The vacation to be processed pursuant to the provisions
of the Street Vacation Act. and
WHEREAS, the easement is unnecessary for present or prospective public utility
purposes; and
WHEREAS, a Notice of Vacation was published for at least two (2) successive
weeks prior to the hearing in a newspaper of general circulation in the City of Newport
Beach: and
WHEREAS, that at least two (2) weeks before the day set for hearing, Notices of
the proposed vacation were conspicuously posted adjacent to the easement, and that
three (3) Notices posted not more than three hundred feet (300') apart along Evening
Canyon Road. The Notices stated the day, hour, and place of the hearing.
2
NOW, THEREFORE, be it resolved by the City Council of the City of Newport
Beach that the utility easement legally described in Exhibit "A ", and depicted on the map
attached as Exhibit "B" are 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 27th day of July, 2004.
ATTEST: CITY OF NEWPORT BEACH,
A Municipal Corporation
City Clerk
3
By: tc
Mayor t
EXHIBIT
ABANDONMENT OF SEWER LINE EASEMENT
THAT PORTION OF LOT 123 OF TRACT NO. 1116 PER THE MAP THEREOF RECORDED IN BOOK
36, PAGES 19 THROUGH 20 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, DESCRIBED AS FOLLOWS;
BEING A STRIP OF LAND 5.00 FEET WIDE LYING 2.50 FEET ON EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE:
BEGINNING AT A POINT IN THE SOUTHERLY LINE OF SAID LOT 123 DISTANT NORTH 75° 10 41"
WEST 100.00 FEET FROM THE SOUTHEASTERLY CORNER OF SAID LOT 1235:
THENCE NORTH 220 30'48" EAST A DISTANCE OF 74.06 FEET IN A DIRECT LINE TO .A POINT ;N
THE SOUTHERLY LINE OF LOT 124 OF SAID TRACT NO. 1116, SAID POINT BEING DISTANT
SOUTH 720 23'44' EAST 85.45 FEET FROM THE SOUTHEASTERLY CORNER OF SAID LOT 124
THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED AS TO JOIN SAID
SOUTHERLY LINE OF LOT 124 AND SAID NORTHERLY LINE OF LOT 123
SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, AND OTHER EASEMENTS OF
RECORD, IF ANY.
MORE PARTICULARLY SHOWN ON EXHIBIT B, ATTACHED HERETO AND BY THIS REFERENCE
MADE A PART HEREOF.
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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. 2004 -66 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 271h
day of July, 2004, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, 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 28th day of July, 2004.
(Seal)
City Clerk
Newport Beach, California