HomeMy WebLinkAbout2004-67 - 2223 Cliff Drive 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
Torn Daly, Clerk- Recorder
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EXEMPT RECORDING REQUEST PER
RESOLUTION NO. 2004- 67 GOVERNMENT CODE 6103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ORDERING THE VACATION AND
ABANDONMENT OF A 10 -FOOT SEWER EASEMENT LOCATED A
PORTION OF LOT A, TRACT 919, ALSO KNOWN AS 2223 CLIFF
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 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 10-
foot sewer easement described as follows:
Being a strip of land northwesterly 50.00 feet of the southeasterly 300.00 feet of
the northeasterly 150.00 feet; being five feet on each side of the following
described centerline:
Beginning at a point in the northwesterly line of said portion of Lot A, said point
being southwesterly of and distant 114.00 feet from the most northerly
corner of said portion of Lot A; thence S65 005'46 "E a distance of 51.72 feet
to a point in the southeasterly line of said portion of Lot A, said point being
southwesterly of and distant 100.75 feet from the most easterly corner of
said portion of Lot A.
The sidelines of said strip shall be lengthened or shortened as to join said
northwesterly line of said portion of said Lot A and said southeasterly line of
said portion of said Lot A.
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 Cliff Drive.
The Notices stated the day, hour, and place of the hearing.
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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
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City Clerk
3
Mayor
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ABANDONMENT OF SEWER EASEMENT
A STRIP OF LAND, BEING A PORTION OF THAT PORTION OF LOT A TRACT
NO. 919 AS SHOWN ON A MAP RECORDED IN BOOK 29, PAGES 31 TO 34
INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, BEING THE NORTHWESTERLY 50.00 FEET OF THE
SOUTHEASTERLY 300.00 FEET OF THE NORTHEASTERLY 150.00 FEET; BEING
FIVE FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT A POINT IN THE NORTHWESTERLY LINE OF SAID PORTION
OF LOT A, SAID POINT BEING SOUTHWESTERLY OF AND DISTANT 114.00
FEET FROM THE MOST NORTHERLY CORNER OF SAID PORTION OF LOT A;
THENCE S 65 005'47" E A DISTANCE OF 51.72 FEET TO A POINT IN THE
SOUTHEASTERLY LINE OF SAID PORTION OF LOT A, SAID POINT BEING
SOUTHWESTERLY OF AND DISTANT 100.75 FEET FROM THE MOST
EASTERLY CORNER OF SAID PORTION OF LOT A.
THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED AS
TO JOIN SAID NORTHWESTERLY LINE OF SAID PORTION OF SAID LOT A
AND SAID SOUTHEASTERLY LINE OF SAID PORTION OF SAID LOT A.
SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, AND OTHER
EASEMENT OF RECORD, IF ANY.
MORE PARTICULARLY SHOWN ON EXHIBIT B, ATTACHED HERETO AND BY
THIS REFERENCE MADE A PART HEREOF.
-7-1-0¢
CLIFF DRIVE
NE'LY LINE LOT A
MOST WILY CORNER OF
SAID PORTION OF LOT A
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KE 44; 4 a092704
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INCLEDON KIRK ENGINEERS
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MOST E'LY CORNER OF 1
SAID PORTION OF LOT A
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WILY LINE OF
SE'LY 300.00
FEET OF LOT A
SE'LY LINE OF
WILY 50.00 FEET
OF SE'LY 300.00
FEET OF LOT A
2223 CLIFF DRIVE
PORTION OF LOT A,
TRACT NO. 919
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EASEMENT TO
BE ABANDONED
56`' p5 47 E
in
SW'LY LINE OF `)
of
NE'LY 150.00 'd"
FEET OF LOT A
N50'15'10 "W 50.00'
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EXHIBIT B
SEWER EASEMENT ABANDONMENT
2223 CLIFF DRIVE
CITY OF NEWPORT BEACH
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SHEET 1 OF 1
DATE: 6/30/04
JN: 188- 002
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 -67 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 27th
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