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HomeMy WebLinkAbout14 - Buena Vista Blvd VacationCITY OF F NEWPORT REACH City Council Staff Report October 14, 2014 Agenda Item No. 14 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director- (949) 644-3330, dawebb@newportbeachca.gov PREPARED BY: David Keely, Senior Civil Engineer PHONE: (949) 644-3349 TITLE: Notice of Vacation of a Portion of Buena Vista Boulevard Street Right -of -Way ABSTRACT: The owners along Buena Vista Boulevard, 304 through 350 Buena Vista Boulevard, are requesting that the City vacate a portion of Buena Vista Boulevard right-of-way adjacent to their properties. RECOMMENDATION: a) Adopt Resolution No. 2014-89, A Resolution of the City Council of the City of Newport Beach Ordering the Vacation and Abandonment of a Portion of Street Right -of -Way (Buena Vista Boulevard) Adjacent to and contiguous with 304 to 350 Buena Vista Boulevard; and Directing the City Clerk to Record Same with the County Recorder's Office; b) Direct staff to process the vacation of said right-of-way; c) Authorize the City Manager and City Clerk to execute the Restrictive Covenant Agreement; and d) Direct the City Clerk to have the Resolution, Vacation, and Restrictive Covenant Agreement recorded by the Orange County Recorder. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: On September 4, 2014, the property owners along Buena Vista Boulevard (304 to 350 Buena Vista Boulevard) on the Balboa Peninsula requested that the City vacate a portion of the Buena Vista Boulevard public right-of-way, with the exception of 10 feet located along the easterly portion of the right-of-way. The Buena Vista Boulevard public right-of-way varies from 35.88 feet wide adjacent to 304 Buena Vista Boulevard to 320 Buena Vista Boulevard and 30 feet wide adjacent to 322 Buena Vista Boulevard to 350 14-1 Buena Vista Boulevard has private property located on both sides of the right-of-way and is not located directly adjacent to Newport Bay. Buena Vista is an unusual street and the property owners on the easterly side of Buena Vista Boulevard also own the property directly opposite and across Buena Vista Boulevard. Buena Vista Boulevard is improved with a 6 -foot wide public sidewalk located on the easterly portion of the right-of-way. The public sidewalk runs along Buena Vista Boulevard from West Bay Avenue to West Edgewater Avenue. The remaining right-of-way can and does contain private improvements owned and maintained by the fronting property owners in accordance with Council Policy L-7, including but not limited to, carriage walks, walls, raised patios, bar-b-ques (built-in and portable), landscaping, hedges, trees and patio furniture. Some of these private improvements are not in accordance with Council Policy L-7 and have the potential to block views of the bay from the public sidewalk. A restrictive covenant agreement is proposed in conjunction with the vacation that would allow all existing hardscape structures to remain in place and permanently to maintain public views of the bay from the sidewalk. Following the vacation, any new landscaping and structures, and existing structures that are removed or replaced shall not exceed 42 inches in height measured from the adjacent public sidewalk grade. All landscaping, hedges, and vegetation shall be maintained at a height not to exceed 42 inches measured from the adjacent public sidewalk grade. All existing vegetation shall be immediately trimmed to comply with this requirement. All existing trees shall be trimmed/laced and shall provide a minimum bottom canopy height of 7 feet measured from the adjacent grade. The implementation of these restrictions will improve, enhance and ensure the public's view of the bay and access to Buena Vista Boulevard will be maintained via the public sidewalk. Pursuant to the Public Streets, Highways, and Service Easements Vacation Law codified in California Streets and Highway Code Section 8330 et seq., the City Council may vacate a portion of street right-of- way if, from all the evidence submitted, that the street right-of-way described in the notice or petition is unnecessary for present or prospective public use. The proposed vacated right-of-way satisfies the condition of the California Streets and Highways Code since the said right-of-way is not intended for street purposes, public views of the bay would be maintained; access along Buena Vista Boulevard will be maintained along the existing public sidewalk; and, the City retains the right to expand the existing sidewalk an additional 2 feet in width. The existing street right-of-way to be vacated is legally described in Exhibit "A" and shown in Exhibit "B" of the attached Resolution. There are several components of the General Plan that need to be considered in respect to this vacation request. In terms of the Circulation Element, Buena Vista Boulevard is not designated on the Master Plan of Streets and Highways; therefore, the vacation does not affect the City's long-range vehicular circulation network. Additionally, the retention of the sidewalk access along Buena Vista is consistent with Policy CE 5.1.2 which encourages pedestrian connectivity. In respect to the Harbor and Bay Element Policy HB 6. 1, the proposed vacation maintains the existing sidewalk linkage to the public access points to Newport Bay, adjacent to Edgewater Avenue; therefore, the project is consistent with this policy. Buena Vista Boulevard is not designated in the Natural Resources Element as either a public view point or a coastal view road; therefore the proposed vacation does not impact any designated protected public view. Because Buena Vista Boulevard is located in the Coastal Zone, the City must also consider the City's Coastal Land Use Plan. Staff believes that the proposed vacation is consistent with the policies in Section 3.1 Shoreline and Bluff Top Access in that the existing public sidewalk is maintained and that there will be no reduction in the intensity of pedestrian use or aesthetic value of the area. Furthermore the proposed vacation balances the privacy needs of the adjacent residents. Additionally, the proposed landscaping and physical improvement restrictions regarding height, maintenance, and location within the vacated area will maintain views to the waters of Newport Bay, consistent with Council Policy L-7. Staff also notes that Buena Vista Boulevard is not identified in Section 4.4 of the Coastal Land Use Plan as a scenic visual resource. 14-2 Should the Council order the vacation as recommended, the vacated area will acquire the General Plan, Coastal Land Use Plan, and Zoning open space designations of the adjacent privately -held parcels that are located bayward of the right-of-way. 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) and the California Streets and Highways Code Sections 8322 and 8323. ATTACHMENTS: Description Attachment A - Area Mao Attachment B - Resolution Attachment C - Petition of Homeowners Attachment D - Restrictive Covenant Agreement Attachment E - Site Photos 14-3 ATTACHMENT P AVE W 3 33? s 331 33 .330 � v ` •1� 0 0 ��� • ' ��� \ . n JQ .o 309 x30, �; 3jj o 614 -/ �o+,o' 3g \'♦// . 305 26 /f � � ^ �' .. • �'. ,yam{, N o b 1'� • e � (� O h � _'►203 I � � �n � „ "' �' � egLBp Y�ry� ?01 Q N CITY OF NEWPORT BEACH BUENA VISTA BOULEVARD PUBLIC WORKS DEPARTMENT AREA MAP ATTACHMENT B RESOLUTION NO. 2014 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE VACATION AND ABANDONMENT OF A PORTION OF STREET RIGHT-OF-WAY (BUENA VISTA BOULEVARD) ADJACENT TO AND CONTIGUOUS WITH 304 TO 350 BUENA VISTA BOULEVARD; 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 Chapter 4 of the California Streets and Highways Code (Sections 8320 et seg.), is authorized to vacate public rights-of-way; and WHEREAS, on September 4, 2014, the property owners along Buena Vista Boulevard (304 to 350 Buena Vista Boulevard) requested that the City Council vacate a portion of public right-of-way as unnecessary for present or prospective roadway purposes; and WHEREAS, 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 a portion of public right-of-way and has determined that the proposed vacation is consistent with the General Plan; and WHEREAS, the City of Newport Beach reviewed and determined that the public right-of-way proposed to be vacated is not necessary for street purposes, and that public views of the bay would be maintained and access along Buena Vista Boulevard will be maintained along the public sidewalk consistent with the City's General Plan and the Coastal Land Use Plan; and WHEREAS, the City Council of the City of Newport Beach desires to vacate a portion of public right-of-way as described in Exhibit "A" and depicted on Exhibit "B" 14-5 attached hereto and incorporated by reference, the vacation to be processed pursuant to the provisions of the California Streets and Highway Code Section 8335; and WHEREAS, the City Council desires that the vacation be conditioned upon the recordation of restrictive covenant agreements by the property owners along Buena Vista Boulevard (304 to 350 Buena Vista Boulevard) to provide for non -vehicular access and views to the waters of Newport Bay by controlling the height of landscaping and installations on the vacated right of way. NOW, THEREFORE, be it resolved by the City Council of the City of Newport Beach that the portion of street right-of-way legally described in Exhibit "A," and depicted on the map attached as Exhibit "B" based on the evidence submitted, that the street right- of-way is unnecessary for present or prospective street or highway use. By this resolution the portion of street right-of-way described in Exhibit "A" and depicted on Exhibit "B" is hereby ordered vacated and abandoned. BE IT FURTHER RESOLVED that this order of vacation and abandonment of a portion of street right-of-way is conditioned upon recordation by each owner adjacent to the vacated street right-of-way of restrictive covenant agreements by the property owners along Buena Vista Boulevard (304 to 350 Buena Vista Boulevard) that has been approved as to form by the City Attorney and provides for non -vehicular access and views to the waters of Newport Bay by controlling the height of landscaping and installations on the vacated right of way. BE IT FURTHER RESOLVED that upon receipt of conformed copies of the recorded restrictive covenants from the property owners along Buena Vista Boulevard (304 to 350 Buena Vista Boulevard), 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 street right-of-way described in Exhibit "A" and depicted on Exhibit "B" shall be vacated and no longer constitute street right-of-way. 14-6 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 2014. Rush N. Hill, II, Mayor ATTEST: Leilani I. Brown City Clerk 14-7 CXHU`I� A LEGAL DESCRIPTION PARTIAL VACATION OF•BUENA VISTA BLVD. THAT PORTION OF BUENA VISTA BOULEVARD AS SHOWN ON SUBDIVISION OF BLOCK "A" OF EAST NEWPORT, PER MAP RECORDED IN BOOK 4, PAGE 51, OF MISCELLANEOUS MAPS, ALSO BEING SHOWN ON KRESSLEY SURVEY, PAGE 30 OF 86 BOTH RECORDS OF ORANGE COUNTY, STATE OF CALIFORNIA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF LOT 167 OF SAID KRESSLEY SURVEY ALSO BEING A POINT ON NORTHERLY RIGHT OF WAY BAY AVENUE (25.0 FEET HALF WIDTH) AND A POINT ON THE SOUTHERLY RIGHT OF WAY BUENA VISTA BOULEVARD; THENCE LEAVING SAID CORNER NORTH 03'48'27" WEST, 10.77 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LINE NORTH 03.48'27" WEST, 27.88 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF BUENA VISTA BOULEVARD; THENCE ALONG THE NORTHERLY RIGHT OF WAY OF BUENA VISTA BOULEVARD THE FOLLOWING COURSES: NORTH 64'21'30" EAST, 283.28 FEET; NORTH 43'33'30" EAST, 398.98 FEET; THENCE LEAVING SAID NORTHEASTERLY RIGHT OF WAY SOUTH 74'24'00" EAST, 22.64 FEET TO A POINT ON A LINE PARALLEL WITH AND 10.00 FEET NORTHWESTERLY, MEASURED AT RIGHT ANGLES FROM THE SOUTHERLY RIGHT OF WAY OF SAID BUENA VISTA BOULEVARD; THENCE ALONG SAID PARALLEL LINE THE FOLLOWING COURSES: SOUTH 4333'30" WEST, 429.83 FEET; THENCE SOUTH 64'21'30" WEST, 281.84 FEET TO THE TRUE POINT OF BEGINNING CONTAINS 15,601 SQ. FT (+/-) OR 0.358 ACRES (+/-) OF LAND, MORE OR LESS. ALL AS PARTICULARLY SHOWN ON EXHIBIT "B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. ,'G 2�' lo� - 2 W - I LI VINCENT W. SCARPAII R.C.E. 33520 DATE LIC. EXP. DATE: 6-30-2016 SHEET 1OF4 BY: GT DATE: 09124/2.014 SCALE: NONE fQ CONSULTING, INC. CIVIL ENGINEERING LAND PLANNING & SURVEYING 27156 BURBANK FOOTHILL RANCH, CA, 92610 T. 949.916.3800 F. 949.916.3805 WWW.CVC-INC.NET h OF:9P > N0. 3 20 t Exp. 6/30/2016 0• EXHIBIT "A" VACATION LEGAL DE=SCRIPTION E. f■I I I�� i T %� (LEDGEWATER AVE. , L3 SCALE: 1" ='100' PARTIAL VACATION OF / �A`� 146 BUENA VISTA BLVD \147 \ o'g 55 150 151 152 PARTIAL VACATION OF BUENA VISTA BLVD L2 \ 1s5\1sa \ T.P.O.B. 1ss \ \ Li i \ P.O.0 \ 7157 1 2g \ 156\ \ 159 \ / \ 1so\ \ 1s1 \ 162 \ 153\ LINE TABLE LINE 1{ DIRECTION LENGTH Lt NO3'4B'27°W 10.77 L2 NO3'48'27"W 27.88 L3 S74'24'00"E 22,$4 N OTE: BUENA VISTA BOULEVARD SHOWN HEREON IS BASED ON THE WIDTH OF 35.88' AS SHOWN ON ASSESSORS PARCEL MAP. BUENA ASTA BOULEVARD PER "BLOCK A EAST NEWPORT" AS REGORGED IN BOOK 4, PAGE 51 OF MISCELLANEOUS MAPS SHOWS A WIDTH OF 30.00' SHEET 2OF4 27156BURBAIK EXHIBIT "B" BY: GT 92 FOOTHILL RANCH, CA, 92610 DATE: 09/24/2014 CONSULTING, INC. T 0110.016.3600 PARTIAL VACATION OF CIVIL (ENGINEERING F. 940.915.3805 BUENA VISTA BLVD SCALE: 1"=100' LAND PLANNING E SURVEYING NANW.CVC-INC.NET 52 , < SCALE: V= 50' L2 �P.o.o 159 160 \ 162 s \ \ / 161 � X151 \ \\ 165 \\ 164 \\163 EPSP 6.� \ 166 \ \\ I \ � I N / I _ � I r--------------—� I\ i I \ I I �9y sa P�PS'(P cp- ! Gr I / I L-- - - - -- ----\_J BAYgVENUE ' c� \N�m Pv�NOF LINE TABLE LINE /j DIRECTION LENGTH L1 NO3'48'27"W 10.77 L2 NO3'48'27"W 27.88 L3 S74'24'00°E 22.64 SHEET 3OF4Q 27156 BURBANK Q FOOTHILL RANCH, ff-N CA, 92610 CONSULTING, INC. T. 949.916.3800 CIVIL ENGINEERING F. 949.916.3805 LAND PLANNING & SURVEYING WWW.CVC-INC.NET EXHIBIT "B"BY: PARTIAL VACATION OF BUENA VISTA BLVD GT DATE: 9/2412014 SCALE: I"=50' r — — — — I I\ I \ I 000M112>I E:> pAr `o, so /O- 146 117 `\ 148\\ 149`\ \ P 150 \\ 151 \ 152 \ \ ,� o s• F� o\ '0,\ \ 153 V\h 154 155 \ \ 156 \ \\ 157\\ SHEET 4 OF 4 BY: GT DATE: 9/24/2014 SCALE: 1 "=50' CONSULTING, INC. CIVIL ENGINEERING LAND PLANNING & SURVFYING 27156 BURBANK FOOTHILL RANCH, CA, 92610 T. 949.916.3600 F. 949.916.3605 VVM.CVC-INC.NET / SCALE: 1" = 50' EXHIBIT "B" PARTIAL VACATION OF BUENA VISTA BLVD oil Rl 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 r_lar_Xy:h•AlafI190 McGEE & ASSOCIATES JAMES F. McGEE, ESQ., SBN 93288 23 Corporate Plaza Drive, Suite 230 Newport Beach, California 92660 (949)640-0500 Attorney for Buena Vista Boulevard Homeowners CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA In re: The Matter of the Partial Vacation of Buena Vista Boulevard Right -of -Way Petition of Homeowners to Partially Vacate Buena Vista Boulevard Right-of-Wa I. This petition is submitted on behalf of homeowners (the "Homeowners") who collectively own each of the twenty-one (21) residential lots indentified as: 304 Buena Vista 308 Buena Vista 310 Buena Vista 312 Buena Vista 314 Buena Vista 316 Buena Vista 318 Buena Vista 320 Buena Vista 322 Buena Vista 324 Buena Vista 326 Buena Vista 328 Buena Vista 332 Buena Vista 334 Buena Vista 336 Buena Vista 338 Buena Vista 342 Buena Vista 350 Buena Vista 2. Buena Vista Boulevard is a public right-of-way street (the "Public Right -of -Way") depicted in Exhibit "A" attached hereto. 3. Each of the twenty-one (2 1 ) residential lots is comprised of two separate parcels: a residential parcel on which a home is built, and a bayfront parcel which lies to the bay side of the Public Right of Y EASEMENI 14-12 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Way. The Public Right of Way which is the subject of this Petition runs from Bay Avenue at its southerly end to Edgewater Avenue at its northerly end. The width of the Public Right of Way varies from 30.00' to 35.881 . 4. On March 6, 1906, the subdivision of block A East Newport recorded in Book 3, page 37 dedicated the Public Right of Way. At some point a 6' public sidewalk was constructed over the eastern- most portion of the Public Right of Way. The sidewalk has been used continuously to provide pedestrian, non -vehicular, access. The remaining portion of the Public Right of Way contains landscaping and park -like improvements that have been installed and maintained by the Homeowners. 5. The Homeowners seek to have the City vacate and abandon a portion of the Public Right of Way, with the exception of the existing 6' wide public sidewalk and an additional 4' wide strip of land that runs parallel to and contiguous with the westerly boundary of the existing public sidewalk, a maximum of 2' of which can be used for future sidewalk expansion by the City and the remaining 2' of which can be used by the City for sidewalk maintenance purposes. The portion of the Public Right of Way proposed to be abandoned shall be referred to as "the Excess Right -of -Way". The vacation and abandonment which the home owners seek is pursuant to California Streets and Highways Code § 8335. 6. The proposed to -be -vacated Public Right of Way (Vacated Right -of -Way") is unnecessary for present or prospective public use. The Homeowners, in consideration for the vacation and abandonment of the Excess Right of Way, are willing to have recorded against their real property a Restrictive Covenant to ensure that bay views from the public sidewalk on Buena Vista Boulevard are permanently preserved and that the improvements now existing with the exception of public sidewalks or installed in the future on the Excess Right -of -Way are maintained by each owner of the real property on which such improvements are located. The facts surrounding the vacation satisfy the conditions set forth in California Streets and Highways Code §§ 8335, which provides: (a) The legislative body may vacate a street, highway, or public service easement pursuant to the authority provided in this chapter by adopting a resolution of vacation. (b) The resolution of vacation shall state all of the following: RIGHT-OF-WAY 14-13 1 2 3 4 Fi G7 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (1) That the vacation is made under this chapter. (2) The name or other designation of the street, highway, or public service easement and a precise description of the portion vacated. The description of the portion vacated may be by a precise map which is recorded or to which reference is made in the resolution and which is permanently maintained by the public entity. (3) The facts under which the summary vacation is made. If the vacation is made pursuant to Section 8332, the statement shall include the date of the agreement. The resolution is prima facie evidence of the facts stated. (4) That form and after the date the resolution is recorded, the street, highway, or public service easement vacated no longer constitutes a street, highway, or public service easement. 9. Having satisfied all of the required conditions set forth in Section 8335 of the California Streets and Highways Code, the Homeowners, as evidenced by the signature of their retained legal counsel set forth below, hereby petition the City to vacate and abandon the Excess Right -of -Way. Dated: q— y — l 7 HACLIENnBuma Vista Hoipw" hs\Pelition - 140904.dm Retained Counsel for Homeowners By: McGe4 & Associates M Jaftlks F. McGee, Esq. ENT Aee 14-14 LEGEND PROPOSED VACATION .p tib BVENP•f\SSP 316 �ti 8 ' 1A 310 312 3 310 0' � 3�a N IQ '� y rn X73 577 i 879 4�12 07616 674.N. 2031/1 Z e o Feet 608 N3 y / �6 EXHIBIT "A" PROPOSED BUENA VISTA BLVD VACATION 440 City of Newport Beech GIS Division September 05, 1014 ATTACHMENT D RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Newport Beach Public Works Department 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92658-8915 RESTRICTIVE COVENANT AGREEMENT This Restrictive Covenant Agreement ("Agreement") is made by and between the City of Newport Beach ("City") and ("Owner") with reference to the following: A. Owner ("Owner") is the owner in fee of the real property commonly known as [address] Buena Vista Boulevard ("Property"). The Property is comprised of two separate parcels: a residential parcel on which a home is built ("Parcel 1") and a bay front parcel ("Parcel 2"). The Property is legally described in Exhibit "A". B. A street right-of-way ("ROW") for Buena Vista Boulevard was dedicated to the City, which varies in width, from 30.00' to 35.88'. C. The ROW has been improved with a 6' wide public sidewalk ("Existing Sidewalk") constructed and maintained by the City and, in the remainder of the ROW are located various park -like improvements and structures installed by Owner and/or Owner's predecessors in title. D. Installation and maintenance of the various park -like improvements and structures in the ROW is permitted pursuant to City Council Polity L-7, which recognizes that Buena Vista Boulevard is used to provide non -vehicular access and views to the waters of Newport Bay. E. On , 2014, the City Council adopted Resolution No. stating its desire to vacate a portion of the ROW (the "Vacated ROW") provide non- vehicular access and views to the waters of Newport Bay from the Existing Sidewalk by controlling the height of future improvements on the Vacated ROW. The Vacated ROW is depicted and legally described in Exhibit `B" which is attached hereto. F. Owner acknowledges that City would not vacate any portion of the ROW, but for Owner's agreement to execute and record this Agreement. G. [Only for 350 Buena Vista] 14-16 City acknowledges that the location and configuration of the existing u -shaped boat dock for 350 Buena Vista Boulevard is legal and in compliance with the City's approved permit. NOW, THEREFORE, the Parties agree as follows: VACATION PROCEEDINGS This Agreement has no effect and will be deemed null and void if the Vacated ROW is not vacated by City or the vacation is deemed void, invalid or of no effect by a competent Court of law. 2. CONDITIONS AND RESTRICTIONS Owner and City agree to the following conditions and restrictions on the use of the Existing Sidewalk, Retained ROW and Vacated ROW: A. The City shall maintain the Existing Sidewalk and, if expanded as set forth below, the expanded sidewalk. B. The Vacated ROW is the ROW with the exception of the Existing Sidewalk and an additional 4' wide strip of land that runs parallel to and contiguous with the westerly boundary of the Existing Sidewalk (collectively, the Existing Sidewalk and the additional 4' strip of land is referred to as the "Retained ROW"). A maximum of 2' of the Retained ROW can be used for future sidewalk expansion ("Expanded Sidewalk") by the City and the remaining 2' of the Retained ROW can be used by the City only for sidewalk maintenance purposes. If City constructs an Expanded Sidewalk it shall, at its sole cost, remove any improvements in the 2' section of the Retained ROW where the Expanded Sidewalk will be located. If City constructs an Expanded Sidewalk or uses the 2' section of the Retained ROW for sidewalk maintenance purposes, it shall exercise due care to protect and not damage any Owner improvements and City shall not be liable for any in- kind repair or replacement of Owner improvements. C. The City agrees that the Existing Sidewalk, Expanded Sidewalk, and/or the Retained ROW will not be used, at anytime, for vehicular access except as may be required from time to time for emergency or maintenance vehicle access. D. Improvements existing on the Retained ROW and Vacated ROW as of the date of the recording of this Agreement are depicted and described in Exhibit " " to this agreement and incorporated herein by this reference and shall be allowed to remain in place. If any such improvements are removed and replaced, or if new improvements are installed after the date of recordation of this Agreement, they shall not exceed forty-two inches (42") in height as measured from the high point of the Existing Sidewalk or Expanded Sidewalk, as applicable, immediately adjacent to such improvements. For purposes of this Agreement portable items are not improvements nor subject to the height 14-17 limits of this agreement provided that such portable items do not unreasonably obstruct the views to the waters of Newport Bay. E. Landscaping and vegetation in the Retained ROW and the Vacated ROW, excluding existing trees, shall not exceed forty-two inches (42") in height as measured from the high point of the Existing Sidewalk immediately adjacent to such structure. New trees and trees to replace existing trees may be planted in the Retained ROW and the Vacated ROW provided that the tree canopy is at least 7' at maturity as measured from the high point of the Existing Sidewalk or Expanded Sidewalk, as applicable, immediately adjacent to such tree. Any landscaping and vegetation, excluding trees, must immediately be trimmed to a height not greater than forty-two inches (42") when the maximum allowed height is reached, except as set forth in Section 3, Maintenance, below. F. The Existing Sidewalk and if expanded, the Expanded Sidewalk shall be used for pedestrian use only and as required by State or Federal law regarding persons with disabilities. G. This Agreement shall not alter any rights or obligations of the City or the Owner in connection with any recorded Encroachment Agreements, and any Owner subject to a recorded Encroachment Agreement shall continue to have the benefit of such Encroachment Agreement. H. Each and all of the above covenants are hereby declared to be covenants running with the land burdened by such covenants and are hereby made appurtenant to said land. I. If for any reason any of the covenants herein contained is invalid, the same shall not affect the validity of the remainder of this Agreement. To the extent any of the covenants herein conflict with City Council Policy L-7, the covenants in this Agreement shall prevail. K. This Agreement can be modified if approved in writing by both Owner and City and thereafter recorded in the Official Records of the County of Orange. 3. MAINTENANCE Owner agrees to maintain all landscaping and vegetation in and on the Vacated ROW and Retained ROW, with the exception of the Existing Sidewalk or Expanded Sidewalk, as applicable, at or below the height specified in this Agreement. Any trees which have a canopy or foliage which extends below 7' as measured from the high point of the Existing Sidewalk or Expanded Sidewalk, as applicable, immediately adjacent to such tree shall, if possible and not detrimental to the health of the tree, be pruned or laced to maintain an openness that allows some relief from a solid wall of canopy or foliage as to that portion which is below 7', and be 75% opaque. City recognizes that there may be some existing plants or shrubs that cannot be trimmed to 42" in height without injuring the health of the plant or shrub and in such case they shall be trimmed or pruned to be 14-18 75% opaque. City shall have the right to enter onto the Vacated ROW to bring the landscaping or vegetation into conformity with this Agreement, in the event Owner fails to do so within thirty (30) days after written notice of non-compliance is served on Owner. Owner shall pay City all reasonable costs associated with enforcement of the height restrictions on landscape and vegetation. 4. MUTUAL RELEASE A. Owner and City (including officers, agents, and employees) agree to release and discharge each other from any claim, loss or liability or damage that now exists, that is in any way related to their respective control or maintenance of the Vacated ROW and Retained ROW. Except for the Existing Sidewalk, Owner also acknowledges that the maintenance of the private improvements and landscaping in the Retained ROW has been the responsibility of Owner, or Owner's predecessors, since the installation of the landscaping and private improvements in the Retained ROW, through the date of recordation of this Agreement. Owner and City have consulted with legal counsel and as a result of that consultation fully understand the nature and extent of this release. B. City releases and discharges Owner (including heirs, executors, administrators, successors, and assigns) from any claim, loss, liability or damage that is in any way related to Owners improvements to, or maintenance or control of, the Retained ROW or Vacated ROW prior to the date this Agreement is recorded. C. In granting their mutual releases, City and Owner waive the provisions of Section 1542 of the Civil Code that reads as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." 5. NOTICES Notices required to be sent pursuant to this Agreement shall be deemed given when personally delivered to the Party or when deposited in the U.S. Mail, first class postage prepaid and addressed as follows: OWNER CITY City of Newport Beach — City Manager 100 Civic Center Drive Newport Beach, CA 92660 0 14-19 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on .2014. :"C• / -17.V1 VU43f:UI By: City Attorney ATTEST: By: City Clerk CITY OF NEWPORT BEACH, a Municipal corporation By: City Manager OWNER(S): By: By: HXLIENT1Buena Vista HomeownersURestrictive Covenant 140922 - JFM.doc LM 9.22.14 14-20 A 'SMWF B' n I �_ r� p 'r / r � WA .b' rl 1 v �• I � II CITY OF NEWPORT BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, October 14, 2014, at 7:00 p.m. or soon thereafter as the matter shall be heard, a public hearing will be conducted in the Council Chambers at 100 Civic Center Drive, Newport Beach. The City Council of the City of Newport Beach will consider the following: Consider approving the vacation of a portion of Buena Vista Boulevard street right-of-way. The vacation process will be conducted pursuant to the California Streets and Highways Code Section 8300 et. seq. Public Streets, Highways, and Service Easements Vacation Law. The portion of the street right- of-way proposed to be vacated is described below. That portion of Buena Vista Boulevard as shown on Subdivision of Block "A" of East Newport, per map recorded in book 4, page 51, of Miscellaneous Maps, also being shown on Kressley Survey, page 30 of 86 both records of Orange County, State of California being more particularly described as follows: Commencing at the most westerly corner of Lot 167 of said Kressley Survey also being a point on northerly right of way Bay Avenue (25.0 feet half width) and a point on the southerly right of way Buena Vista Boulevard; Thence leaving said corner North 03°48'27" West, 10.77 feet to the True Point of Beginning; Thence continuing along said line North 03°48'27" West, 27.88 feet to a point on the northerly right of way of Buena Vista Boulevard; Thence along the northerly right of way of Buena Vista Boulevard the following courses: North 64°21'30" East, 283.28 feet; North 43°33'30" East, 398.98 feet; Thence leaving said northeasterly right of way South 74°24'00" East, 22.64 feet to a point on a line parallel with and 10.00 feet northwesterly, measured at right angles from the southerly right of way of said Buena Vista Boulevard; Thence along said parallel line the following courses: South 43°33'30" West, 429.83 feet; thence South 64°21'30" West, 281.84 feet to the True Point of Beginning. Contains 15,601 sq. Ft (+/-) or 0.358 acres (+/-) of land, more or less. All as particularly shown on Exhibit "B", attached hereto and by this reference made a part hereof. The portion of street right-of-way to be considered for vacation is located adjacent to 304 Buena Vista Boulevard through 350 Buena Vista Boulevard. 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. All interested parties in favor of or objecting to the proposed vacation may appear and present testimony in regard to this proposed vacation. The proposed vacation may be continued to a specific future meeting date, and if such an action occurs, additional public notice of the continuance will not be provided. Prior to the public hearing, the agenda, staff report, and documents may be reviewed at the City Clerk's Office, 100 Civic Center Drive, Newport Beach, California, 92660 or at the City of Newport Beach website at www.newportbeachca.gov. Individuals not able to attend the meeting may contact the Public Works Department or access the City's website after the meeting to review the action on this application. For questions regarding this public hearing item please contact David Keely, Senior Civil Engineer, at (949) 644-3349, dkeely(aD-newportbeachca.gov. 4/1 M be/i6ni-l' B wn, City Clerk City of Newport Beach i-EDGEWATER AVE. / L3 SCALE: 1" =100' / PARTIAL VACATION OF /o,� 146 BUENA VISTA BLVD \147 \ �% \/ \ 148\ p 1 / \ 149\ ng� / \150\ �kr �V 151 "I \152~ 1 PARTIAL VACATION OF ti 3p, \ 154 ti BUENA VISTA BLVD 156 6� 155 157\��ti \ 't 161 160\ 59 �\ \ �Q5 ©P,j�• 1 \ Q L2 `164 165 T.P.Q.B. - -- L1 �\ 162 AVEIy�V� '� LINE TABLE LINE # DIRECTION LENGTH L1 NO3-48'27"W 10.77 1-2 NO3'48'27"W 27.88 L3 S7424'00"E 22.64 N OTE: BUENA VISTA BOULEVARD SHOWN HEREON IS BASED ON THE WIDTH OF 35.88' AS SHOWN ON ASSESSORS PARCEL MAP. BUENA VISTA BOULEVARD PER "BLOCK A EAST NEWPORT" AS RECORDED IN BOOK 4, PACE 51 OF MISCELLANEOUS MAPS SHOWS A WIDTH OF 30,00' SHEET 2 OF 4 27156 BURBANK EXHIBIT 111311 BY: GT FOOTHILL RANCH, CA, 92610 DATE: 09124/2014 CONSULTING, INC. T. 949.916.3800 PARTIAL VACATION OF CIVIL ENGINEERING F. 949'916.3865 B U E NA VISTA BLVD SCALE: 1'=100' LAND PLANNING & SURVEYING VVVVW.CVC-INC.NET Sold To: City Of Newport -City Clerk's Office (Key) - C000064829 PO Box 1768 Newport Beach,CA 92658 Bill To: City Of Newport -City Clerk's Office (Key) - C000064829 PO Box 1768 Newport Beach,CA 92658 WYuPNEb4 ORrs"CH mcma OF a€,RUC HBRKPN6 Nbri{E db HEREBY GIVEN !W,. .."day, O< akoar 14, 2014, atF:00 P.m,a s 5,. za2tua 0,irbadt n td a$°if570.'N-1 Ml bs 4ffdbm.,.t'e Caet$3i ikamtm a: A0 tW llt l J{ -PW fiE8[t, It* 0,7 C9 dd G14 (q rff ;bmf 8�14adspt§:.gad{aEiCGSfa t� Bif6kia i�ELta BOui#VA14{ 4tP$$k I�1#%y:. Yb94S;@�rtF'xeSS wsi3Pd {iuSYFh Twswn c tisaSataSiaats awl�yt £air5rsmrs, tYtb?i[ 4tte� Wad*arajx,aaSier.�a5.asama:stsuaaaa� iaay. 3?ig �tnOfGtl2SttH4e3Si'M(%aNF4EP^.SEbEk �4.Rd$$5.3'iabed b2ldW. Ttst pxk. a IPAN Yva St d as stasr, vv :at . of N x4: W of Sad k -3-m Per map lac d d � to A. 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STATE OF ILLINOIS County of Cook I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the action for which the attached notice was published. I am a principal clerk of The Newport Harbor News Press Combined With Daily Pilot, which was adjudged a newspaper of general circulation on June 19, 1952, Cases - A24831 for the City of Newport Beach, County of Orange, and State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): Oct 04, 2014; Sep 27, 2014 ECE'VED 7914 OCT 14 PM 12: 22 &` IC GY }- f } f f}Y i,#t7�rEi�i sp�^�t c.,f int rt 3 X I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated at Chicago, Illinoi on thisday of b 20. 1=Lfi= [signature] 435 N. Michigan Ave. Chicago, IL 60611 2716786 - Daily Pilot ' IJATJ I IM • �Z On MMA&4 5t&291 , 2014, 1 posted�3�Site Notices of the Notice of Public Hearing re rdin : Buena Vista Boulevard Location(s) Posted: . Date of City Council Public Hearing / Meeting: October 14, 2014 ,h4ytl) L- gmtL4 S vr� Print Name, Title