HomeMy WebLinkAbout2008-41 - Vacation at 431 Dahlia AvenueRECORDING 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, Clark-Recorder
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2008000263831 10:14am 06/03/08
21308205
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Space above this line for Recorder's use only.
EXEMPT RECORDING REQUEST PER
GOVERNMENT CODE 21383 RESOLUTION NO. 2008- 41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH ORDERING THE VACATION OF A 10 -FOOT STORM DRAIN
EASEMENT LOCATED AT 431 DAHLIA AVENUE; AND DIRECTING
THE CITY CLERK TO RECORD SAME WITH THE COUNTY
RECORDER'S OFFICE
lnrut =uFnS Aba City Council of the City of Newport Beach has received a
request to vacate a 10 -foot wide storm drain easement legally described in Exhibit "A"
and shown in Exhibit "B"; and
WHEREAS, an existing 30 -inch reinforced concrete pipe (RCP) storm drain in
this easement is abandoned in place; and
WHEREAS, the City Council of the City of Newport Beach, pursuant to the.
provisions of the Street Vacation Act (Section 8300 of the Street & 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 easement is unnecessary for present or future storm drain
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
Notices were posted not more than three hundred feet (300') apart along Dahlia
Avenue. The notices stated the day, hour, and place of the hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Newport Beach that the storm drain easement legally described in Exhibit "A" and
shown in 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 the 27th day of May, 2008.
or the City of ewport Beach
EXHIBIT W PAGE 1 OF 2
STORM DRAIN EASEMENT VACATI ❑N
LEGAL DESCRIPTION
RdM Surveying Inc
23016 Lake Forest Drive #409
Laguna Hllls, CA 92653 ADDRESS OF PROJECTM 431 DAHLIA AVE.
(949) 858 -2924 CORONA DEL MAR, CA
RDMSURVEYING2COX.NET DATEo 01/28/2008
OWNERo NSC ENTERPRISES INC.
}lr 3:1�t7
LOT 11 AND NORTHEASTERLY 14 FEET IF LOT 9, K= 4X OF CORONA DEL MAR TRACT,
EXCEPT THE NORTHEASTERLY 3 FEET OF THE NORTHWESTERLY 29 FEET OF LOT 1L
A RIGHT OF VAY EASEMENT. AS RECORDED W BOOK 2W, PAGE 409 OF OFFICIAL RECORDS,
10 FEET IN VIDTH, OVER LOT U AND THE NORTHEASTERLY 14 FEET O' TAT 9, BLOCK 431.
CORONA DEL MAR TRACT, AS SAID TRACT IS LAID OUT AND SHOVN UPON A MAP RECORDED
IN NISCELLANEMPS MAPS, BMOC 3, PAGE 41 AND 42, RECORDS 13F ORANGE CONITY. CALIF UM
FOR THE PURPOSE OF ERECTION, LAYING AND CONSTRUCTION, OF A PIPE LINE TO COMM
STOW VATER VITH THE RIGHT OF GOING IN, UNDER, AND OVER THE PRO'ERTY HEREINAFTER
DESCRIBED, FOR THE PURPOSE OF WAIORG MAINTAINING, AND REPLACING SAID PIPE LINE
IN, OVER, AND UNDER DESCRIBED CENTER LIE AS FOLLOV&
Y LIE 13F LOT 11 OF SAID BLOCK 431, SAID
9A0 FEET FROM THE HOST NORTHERLY COMM
� -. i n
SIDELINES OF SAID STRIP SHWA BE LENGTHENED OR SHORTENED SO AS TO COMMENCE
IN SAID NORTHESTERLY LIE OF SAID LOT 11 AND THE NORTHWESTERLY AD SWTNVESTERLY
LIE OF SAID NORTHEASTERLY 14 FEET 13F LOT 96
RON MfEe EMA ,
elite _ 9130100
No. 4%3 j
EXHIBIT "B" PAGE 2 OF 2
STORM DRAIN EASEMENT VACATION
MAP
RdM Surveying Inc
23016 Lake Forest Drive #409 ADDRESS OF PROJECTS 431 DAHLIA AVE,
Laguna 8-2 4 92653 CORONA DEL MAR, CA
<949> VEYIN 24 DATEi 01/28/2008
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No. 4853 J I
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. 2008 -41 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 May 2008, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Henn, Rosansky, Daigle, Webb, Curry, Gardner, Mayor Selich
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 May 2008.
(Seal)
City Clerk
Newport Beach, California