HomeMy WebLinkAbout03 - Vacation & Abandonment of a Portion of Avocado AvenueMarch 22, 1999
CITY COUNCIL AGENDA
ITEM NO. 3
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: VACATION AND ABANDONMENT OF A PORTION OF AVOCADO
AVENUE, LOCATED BETWEEN PACIFIC DRIVE AND
WATERFRONT DRIVE IN THE CORONA DEL MAR AREA
RECOMMENDATION:
Adopt Resolution No. 99 - declaring the City's intention to vacate and abandon
a portion of the right -of -way along Avocado Avenue between Pacific Drive and
Waterfront Drive as shown on the attached Exhibit "B "; accepting a map showing
the portion of street to be vacated; and setting April 26, 1999, as the date for the
public hearing concerning the intended vacation.
0 DISCUSSION:
Avocado Avenue between Pacific Drive and Waterfront Drive is a one -way street
with the easterly 27 feet of the 50 foot right -of -way improved. The existing
improvements are not wide enough to allow parking and the passage of large
vehicles such as refuse trucks and fire engines. The Traffic Affairs Committee
has met several times over the past few years to address these issues. The Fire
& Marine Department has expressed concern over their ability to respond with
large equipment in this area. The residents along the easterly side of Avocado
Avenue do not want to lose the two parking spaces that already exist.
Staff has negotiated, what is believed to be a fair resolution to the concerns of all
parties. Mrs. Wheeler, the property owner along the west side of the street, has
agreed to pay for the construction of a two -space parking bay on the east side of
Avocado Avenue in return for the City abandoning the unimproved portion of the
street. This will give Mrs. Wheeler the comfort of knowing that the City will not
exercise its right to widen the street; there will be an adequate width to
accommodate large vehicles; and the neighbors will have a parking bay.
The Southern California Edison Company, Pacific Bell and the Southern California
Gas Company have no facilities in the area of Avocado Avenue to be abandoned.
However, the City has a sewer main in the area to be vacated and will reserve an
easement for sewer maintenance purposes.
SUBJECT: Vacation and Abandonment of a portion of Avocado Avenue, located Between Pacific Drive and
Waterfront Drive in the Corona del Mar Area
March 22, 1999
Page: 2
It is recommended that a public hearing be set for April 26, 1999, to consider the
requested vacation.
Respec ly su i ed,
Don Webb
Public Works Director
By: ZZ
Dick ffoffstad
Development Engineer
Attachment: Resolution
Exhibit "A ", legal description
Exhibit "B ", location of proposed vacation
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f:\users\pbw\ shared \councihfy98- 99\mar- 22\avomdo vacation.doc O
RESOLUTION NO. 99 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH DECLARING CITY'S INTENTION TO
VACATE A PORTION OF AVOCADO AVENUE ADJACENT TO
401 AVOCADO AVENUE; ADOPTING A MAP SHOWING THE
AREA TO BE VACATED AND SETTING A PUBLIC HEARING
THEREON
WHEREAS, the City Council of the City of Newport Beach, pursuant to the
provisions of the Street Vacation Act (Section 8330 of the Street and Highways Code) is
authorized to vacate and abandon public easements; and
WHEREAS, the City Council of the City of Newport Beach intends to vacate the
street easements legally described on Exhibit "A" and depicted on maps attached as Exhibit
10" B", the vacation to be processed pursuant to the provisions of the Street Vacation Act; 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 these street easements and has determined that the proposed
vacation is consistent with the General Plan, if the City reserves a sewer easement over a
portion of the vacated area.
NOW, THEREFORE, be it resolved by the City Council of the City of Newport
Beach that the time and place for hearing all persons interested in or objecting to the proposed
vacation of these portions of street easements described on Exhibit "A" and depicted on Exhibit
0" B", shall be at 7:00 p.m. or as soon thereafter as the matter may be heard on April 26, 1999, in
the Chambers of the City Council of the City of Newport Beach located at 3300 Newport
Boulevard, Newport Beach, California; and
BE IT FURTHER RESOLVED that this resolution of intention shall be published 0
for at least two (2) successive weeks prior to the hearing in the official newspaper of the City of
Newport Beach;•and
BE IT FURTHER RESOLVED, that at least two (2) weeks before the day set or
hearing, notices of the proposed vacation shall be conspicuously posted along Avocado
Avenue, with the notices to be posted not more than three hundred feet (300') apart and a
minimum of three (3) notices posted. The notices shall state the day, hour, and place of the
hearing and refer to the adoption of the Notice of Intention.
Adopted this day
ATTEST:
City Clerk
F:\Users \PB W \Shared \Resolutions \V- Avomdo-1.dw
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Mayor
1999.
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EXHIBIT "A"
That portion of Avocado Avenue in the City of Newport Beach, County of Orange, State of
California described as follows:
The northwesterly 23.00 feet of Avocado Avenue, 50.00 feet wide, in Block 328 of Corona Del
Mar Tract as shown on a map thereof filed in Book 3, Pages 41 and 42 of Miscellaneous Maps in
the office of the County Recorder of said County.
RESERVING therefrom an easement for sewer line purposes over said northwesterly 23.00 feet
bounded on the southwest by the northwesterly prolongation of the southwesterly line of the alley,
20.00 feet wide, in said Block 328.
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EXHIBIT "B"
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RIGHT OF WAY BEING VACATED
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