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Home My WebLink About04 - Summary Vacation of Existing Sewer Easement at 1111 Dolphin TerraceCTY OF F NEWPORT BEACH City Council Staff Report May 12, 2015 Agenda Item No. 4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director- (949) 644 -3330, dawebb @newportbeachca.gov PREPARED BY: Kathryne Cho, Civil Engineer PHONE: (949) 644 -3014 TITLE: Summary Vacation of Existing Sewer Easement at 1111 Dolphin Terrace ABSTRACT: The property owners of 1111 Dolphin Terrace (Owners) are requesting that the City summarily vacate an existing 5 -foot wide sewer easement within the property at 1111 Dolphin Terrace. RECOMMENDATION: a) Adopt Resolution No. 2015 -30, A Resolution of the City Council of the City of Newport Beach Ordering the Summary Vacation of an Existing 5 -Foot Wide Sewer Easement at 1111 Dolphin Terrace (Lot 10 of Tract 5130); and Directing the City Clerk to Record Same with the County Recorder's Office; b) Direct staff to process the summary vacation of said easement; and c) Direct the City Clerk to have the Resolution and summary vacation documents recorded by the Orange County Recorder. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: A new home is being constructed at 1111 Dolphin Terrace in Irvine Terrace. Currently, there is an existing sewer easement along the southeasterly property line that Owners are requesting the City summarily vacate. During the plan check process, the plan showed the construction of a staircase within said easement and the plans were conditionally approved with the requirement that the easement be vacated. The 8 -inch sewer main that used to be within this easement was built when much of Irvine Terrace was constructed in 1953. When this property was developed in 1965, this 8 -inch sewer line was rerouted. As part of the reroute, the old 8 -inch line was abandoned in place within this easement and a new 8 -inch sewer main was constructed along the property's northwesterly property line and a new 6 -ft wide utilities 4 -1 easement was established. According to City records and the Wastewater Master Plan, there are no active City utilities nor are there future plans to build within said easement. Pursuant to the California Streets and Highway Code Section 8333, the City Council may summarily vacate a City easement if any of the following conditions exist: (a) The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation; (b) The date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since that date; or (c) The easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement. The proposed summarily vacated easement satisfies the previously mentioned conditions (a) and (c) of the California Streets and Highways Code. The existing easement to be summarily vacated is legally described in Exhibit "A" and shown in Exhibit "B" of the attached Resolution. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment A - Location Map Attachment B - Mao of Easement to be Vacated Attachment C - Resolution 99 Back Bay View Park PROMONr 0l3 }S T I 1} Ioo mJ "' IE, I+s Ise v m I JI >J)5 fv }reu} vu' too " Ix. IoPo ;. _lax lov D C z ATTACHMENT A o 0 0 IF oc 11 > x } } xB NxS r It xo r� re <<A PO /NTOR COAST {{kyy E +rb, -g BONNIE pO E •.r.:a "- -. rr ON TER ,n re c +' 4 Q %a r +} Q Q R N J2/ iy01 b� Y S/� arm FCOVE E J toa tmr ton ton tl¢c INI a f ?x> 4YS/OF s a, r da ,y vy CITY OF NEWPORT BEACH 1111 DOLPHIN TERRACE PUBLIC WORKS DEPARTMENT AREA MAP N2015 -0062 MAY 12, 2015 4 -3 1101 ✓94I 910 RF.F R0 1107 1111 8gy,106 OR 1111 DOLPHIN TERRACE EASEMENT TO BE VACATED ATTACHMENT B 1119 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT N2015 -0062 I MAY 12, 2015 =1 ATTACHMENT C RECORDING REQUESTED AND WHEN RECORDED RETURN TO: PUBLIC WORKS DEPARTMENT CITY OF NEWPORT BEACH POST OFFICE BOX 1768 NEWPORT BEACH, CA 92659 -1768 Space above this line for Recorder's use only. RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE SUMMARY VACATION OF AN EXISTING 5- FOOT WIDE SEWER EASEMENT AT 1111 DOLPHIN TERRACE (LOT 10 OF TRACT 5130); 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 Public Streets, Highways and Service Easements Vacation Law (Section 8330 et seq. of the Streets & Highways Code), is authorized to vacate public service easements; and WHEREAS, pursuant to Streets & Highways Code Section 8333 (Public service easement; vacation), the City Council is authorized to vacate a public service easement when the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation; or the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement; WHEREAS, the City Council of the City of Newport Beach has received a request from the property owner of 1111 Dolphin Terrace to summarily vacate a 5 -foot easement legally described in Exhibit "A" and shown in Exhibit "B "; and :ID WHEREAS, in 1963, the City abandoned an 8 -inch sewer main within said easement at 1111 Dolphin Terrace; and WHEREAS, the City, as part of the 1963 abandonment, constructed an 8 -inch sewer main along the property's northwesterly property line thereby rerouting the sewer system; and WHEREAS, there are no public facilities within the sewer easement being summarily vacated; 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 summarily vacate the easement on this property and has determined that the proposed summary vacation is consistent with the General Plan; and WHEREAS, the summarily vacated sewer easement is unnecessary for future sewer line purposes as the sewer main was relocated along the property's northwesterly property line there are no other sewer facilities within said easement; and NOW, THEREFORE, be it resolved by the City Council of the City of Newport Beach that the portion of public sewer easement legally described in Exhibit "A," and depicted on the map attached as Exhibit "B" based on the evidence submitted, that the public sewer easement has been superseded by the relocation of existing sewer main to the property's northwesterly property line and that there are no other public facilities located within the public sewer easement. By this resolution, the public sewer easement described in Exhibit "A" and depicted on Exhibit "B" is hereby ordered summarily vacated and abandoned. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to have this resolution recorded by the Orange County Recorder, and that from and after the date this resolution is recorded, the portion of the sewer easement described in Exhibit "A" M and depicted on Exhibit "B" shall be summarily vacated and no longer constitute public sewer easement. Adopted this 12th day of May, 2015. ATTEST: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation M Edward D. Selich Mayor for the City of Newport Beach 4 -7 EXHIBIT "A" SEWER EASEMENT SUMMARY VACATION LEGAL DESCRIPTION A 5 -foot wide sewer easement granted to the City of Newport Beach, California, by Tract Map No. 5130 recorded in Book 190, Pages 43 through 44, of Official Record of Orange County, described in said Tract Map as: "The southeasterly 5 -feet of Lot 10 of Tract 5130 as shown on a map recorded in Book 190, Pages 43 through 44 of Miscellaneous Maps, Records of Orange County, California." go