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HomeMy WebLinkAbout24 - Vacation of Sewer Easement at 112 Kings RoadFebruary 22, 2000 CITY COUNCIL AGENDA ITEM NO. 24 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: VACATION AND ABANDONMENT OF A PORTION OF A 10 -FOOT WIDE SEWER EASEMENT LOCATED ACROSS THE PARCEL AT 112 KINGS ROAD (LOT 3, BLOCK E, TRACT 1219), IN THE CLIFFHAVEN AREA RECOMMENDATIONS: Hold a public hearing, close public hearing. 2. If desired, (a) adopt Resolution No. 2000 - of the 10 -foot wide sewer easement, and recorded by the Orange County Recorder. DISCUSSION: _ ordering the vacation and abandonment (b) direct the City Clerk to have the resolution The property owner of 112 Kings Road, Mr. Robert Hooten, relocated the City sewer main and dedicated an appropriate easement. Mr. Hooten requests that the old sewer easement be vacated since the public sewer line located within that easement is no longer in use and has been abandoned. The Utilities Division has reviewed Mr. Hooten's request and recommends the vacation. On January 5, 2000, the City Clerk set the Public Hearing for February 22, 2000, to consider vacation of the sewer easement. Adoption of the recommended Council resolution will complete the statutory proceedings to vacate and abandon the sewer easement (see attached Exhibits). Respectf I submitted PUBLIC WORKS .4 DEPARTMENT DON WEBB, DIRECTOR By: ChCGa.l�� Richard Hoffstadt Development Engineer Attachments: Exhibit "A" Exhibit "B" Resolution RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach P.O. Box 1768 3300 Newport Boulevard Newport Beach, CA 92658 -1768 Space above this line for Recorder's use only RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE VACATION AND ABANDONMENT OF A PORTION OF A 10 FOOT SEWER EASEMENT ACROSS 112 KINGS ROAD (LOT 3, BLOCK E, TRACT 1219) IN THE CLIFFHAVEN AREA; 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 et se q. 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 this 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 the sewer easement located along the southerly property boundary of 112 Kings Road, legally described in Exhibit "A ", and depicted on the map attached 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 sewer purposes; and WHEREAS, a notice of intention was published for at least 2 successive weeks prior to the hearing in the official newspaper of the City of Newport Beach; and WHEREAS, that at least 2 weeks before the day set for hearing, notices of the proposed vacation were conspicuously posted on Kings Place and Dover Drive, with the notices posted not more than 300 feet apart and a minimum of 3 notices posted on each street. 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 portion of street rights -of -way legally described in Exhibit "A ", and depicted on the map attached as Exhibit "B ", is 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 day of 2000 ATTEST: CITY CLERK 2 MAYOR f:Wsers\pbwlsharedlresolutonskv -112 kings road.doc ¢a ESae ga 7F, O EXHIBIT "A" That certain public sewer easement in the City of Newport Beach, County of Orange, State of California as described in Deed to the City of Newport Beach recorded in Book 4533, Page 498 of Official Records in the office of the County Recorder of said County, more particularly described as follows: A portion of Lot 3 in Block E of Tract No. 1219 per map filed in Book 38, Page 27 of Miscellaneous Maps in the office of the County Recorder of said County, and being 10.00 feet in width and lying 5.00 feet on each side of the following described center line: Beginning at a point in the northerly boundary of said Lot 3, said point being easterly of and distant 97.72 feet from the northwesterly comer of said Lot 3; thence South 15 °06'24" East 92.34 feet to a point in the southerly boundary of said Lot 3.