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HomeMy WebLinkAbout05 - Summary Vacation - Existing Sewer Easement at 1721 Kings RoadTO: FROM CITY OF NEWPORT BEACH City Council Staff Report October 23, 2018 Agenda Item No. 5 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Rodi Almendralo, Civil Engineer (ralmend ralo(c-)-newportbeachca.gov) PHONE: 949-644-3334 TITLE: Summary Vacation - Existing Sewer Easement at 1721 Kings Road ABSTRACT: The property owners of 1721 Kings Road (Owners) are requesting that the City summarily vacate an existing 10 -foot wide sewer easement (Easement) within the property at 1721 Kings Road. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Adopt Resolution No. 2018-75, A Resolution of the City Council of the City of Newport Beach, California, Ordering the Summary Vacation of an Existing 10 Foot Wide Sewer Easement at 1721 Kings Road (Lot 9 of Tract 1221) and Directing the City Clerk to Record Same with the County Recorder's Office; c) Direct staff to process the summary vacation of said easement; and d) 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 construction project is being proposed at 1721 Kings Road. There is an existing 10 -foot wide City sewer easement that crosses the property, which the Owners are requesting the City to summarily vacate. The City does not have an active City sewer main within this existing sewer easement. The original sewer main constructed in 1956 has been abandoned -in-place in 1997 by City crews. 5-1 Summary Vacation — Existing Sewer Easement at 1721 Kings Road October 23, 2018 Page 2 Due to the condition of the pipe and its limited service value, the sewer main was relocated to the property's southerly corner and tied to the cleanout located at 1711 Kings Road. An existing sewer lateral that serves the property remains within this easement. Staff recommends vacating this easement except the easterly 5 -feet so the City can maintain the sewer lateral. According to City records and the Wastewater Master Plan, and with the concurrence of the Utilities Department, there are no other 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 sewer easement to be summarily vacated satisfies the previously mentioned condition (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. Staff recommends the vacation of the portion of the easement that is no longer needed. 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: Attachment A — Area Map Attachment B — Map of Easement to be Vacated Attachment C — Resolution No. 2018-75 5-2 ►I "°00 o' +� r k4cs RD ❑ O Kings co Road Park J ATTACHMENT A t z CLT�R 7 rgr7 / I 1901 a _ n ►I "°00 o' +� r k4cs RD ❑ O Kings co Road Park J ATTACHMENT A t CLT�R pR a '1Q Q�� co ^ ^ h ^ -- ----_1 .O � a I co .► o e� N cogsTH WrW 1721 KINGS ROAD AREA MAP L Dor02706 or, , os a /r CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCTOBER 23, 2018 5-3 7l — c T 1801 Kings Road Park ATTACHMENT B 1720 17ia 1800 ICINGS RD 1721 1711 1701 1 � iEds . ,N I CITY OF NEWPORT BEACH 1721 KINGS ROAD PUBLIC WORKS DEPARTMENT EASEMENT TO BE VACATED OCTOBER 23, 2018 5-4 ATTACHMENT C RESOLUTION NO. 2018- 78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ORDERING THE SUMMARY VACATION OF AN EXISTING 10 FOOT WIDE SEWER EASEMENT AT 1721 KINGS ROAD (LOT 9 OF TRACT 1221) 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; WHEREAS, the City Council of the City of Newport Beach has received a request from the property owner of 1721 Kings Road ("Property") to summarily vacate a ten (10) foot public sewer easement legally described in Exhibit "A" and shown in Exhibit "B" ("Easement"); WHEREAS, there are no public facilities within the portion of the Easement being summarily vacated; 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 Easement is unnecessary for future sewer line purposes as the sewer main was relocated along the Property's southerly property line and there are no other sewer facilities within said Easement. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby vacate the Easement, as legally described in Exhibit "A," and depicted on the map attached as Exhibit "B," based on the evidence submitted, that the Easement has been superseded by the relocation of existing sewer main to the Property's southerly property line and that there are no other public facilities located within the Easement. 5-5 Resolution No. 2018 - Page 2 of 2 Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 3: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 4: The City Council finds the adoption of this resolution 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. Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this day of October, 2018. Marshall "Duffy" Duffield Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE QAV.t-., 11��- Rc- Aaron C. Harp City Attorney Attachment(s): Exhibit A — Legal Description for Sewer Easement Vacation Exhibit B — Map of Sewer Easement Vacation 5-6 EXHIBIT "A" LEGAL DESCRIPTION SEWER EASEMENT VACATION Being that portion of the 10.00 foot easement as shown in the Resolution of Acceptance recorded October 7, 1955 in Book 3237, Page 398 of Official Records, Lying within Lot 10 of Tract 1221 in the City of Newport Beach, County of Orange, State of California, as shown on the map filed in Book 41, Page 11 of Miscellaneous Maps in the Office of The County Recorder of said County, more particularly described as follows: Being 10.00 feet in width, five feet (5.00') on each side of the following described center line: Beginning at a point in the southeasterly line of said Lot 10, said point being southwesterly of and distant 95.00 feet from the northeasterly corner of said Lot 10: thence south 80°03'10" west, a distance of 30.00 feet; thence north 65056'50" west, a distance of 41.00 feet to an angle point; thence in a straight line to a point in the northwesterly line of said Lot 10, said point being southwesterly of and distant 73.00 feet from the northwesterly corner of said Lot 10. Excepting therefrom the easterly 5.00 feet of said 10.00 foot easement as measured along said center line. As shown on Exhibit "B" attached hereto and made a part hereof. 5-7 CURVE TABLE LINE TABLE LINE CURVE DELTA RADIUS LENGTH 9°34' 370' Cl C2 1 °32' 190' 5.08' L3 S80°08'10"W 5' L4 S80°08'10"W 25' L5 N65°56'50'W 41' L6 N88 -19-5M 9.41' LOT 11 95' Q 033'1 °W Q LOT 10 L3 L4 164.22 0 TRACT1221 10'EASEMENT TO BE VACATED Z L5 J C2 L6 S1040'10"W 73' i i LOT 9 ; I SCALE 1"=50' CITY OF NEWPORT BEACH DEPARTMENT OF PUBLIC WORKS EXHIBIT B SKETCH FOR SEWER EASEMENT VACATION DATE: 10/22/18 LINE TABLE LINE BEARING DISTANCE 9°34' 370' 61.78' C2 1 °32' 190' 5.08' LINE TABLE LINE BEARING DISTANCE L9 S81°33'W 18.65' L2 N69°07'30"W 75' L3 S80°08'10"W 5' L4 S80°08'10"W 25' L5 N65°56'50'W 41' L6 N88 -19-5M 9.41'