HomeMy WebLinkAbout18 - 3209 Via Lido Public Utility Easement0
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 18
January 13, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Fong Tse, P.E.
949 - 644 -3311
ftse @city.newport- beach.ca.us
SUBJECT: VACATION OF PUBLIC UTILITY EASEMENT AT 3209 VIA LIDO
RECOMMENDATIONS:
1. Hold public hearing, close public hearing.
2. If desired, adopt Resolution No. 2004 - _ ordering the vacation and abandonment
of the 4 -foot wide utility easement located in Parcel 1 of Newport Beach Lot Line
• Adjustment No. NBLL95 -2 as described in Exhibit "A" and depicted in Exhibit "B ".
3. If desired, direct the City Clerk to have the Resolution recorded in the Office of the
County Recorder.
DISCUSSION:
The subject easement is described as a portion of the southerly 4 feet of NBLLA No. 95 -2
of St. James Episcopal Church at 3209 Via Lido. As a part of the Church's construction
project a couple of years ago, private improvements including retaining wall and other
permanent improvements have been built over said easement. The Church has now
requested said easement vacation - see attached letter.
The City has verified with Southern California Gas Company, SBC /Pacific Bell, and
Southern California Edison that there are no active utilities within the easement. The City
has received written confirmation from these utility companies that the easement is no
longer needed.
On December 3, 2003, the City Clerk set the Public Hearing for January 13, 2004, to
consider the vacation of said easement. A Notice of Vacation was published for two
successive weeks from December 5 to December 19, 2003 in the Daily Pilot. Three (3)
notices of the proposed vacation were posted adjacent to the easements on Via Lido and
. 32nd Street on December 4, 2003. The Notices stated the day, hour, and place of the
hearing.
SUBJECT: Vacation of Public Utility Easement at 3209 Via Lido
Date: January 13, 2004
Page 2
Adoption of the recommended Council Resolution will complete the statutory proceedings •
required to vacate and abandon said easement.
Environmental Review:
Not applicable.
Prepared by:
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Submitted
Fopg'Tse, P.E. St e` G. Badum, P.E.
Civil Engineer Public orks Director
Attachments: Resolution No. 2004 -
Exhibit "A" — Legal description of subject easement
Exhibit "B" — Map of subject easement
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2832 WALNUT AVENUE, SUITE A, TUSTIN, CA 92780
100 -467
November 17, 2000
City of Newport Beach
Public Works Department
3300 Newport Boulevard
Newport Beach, CA 92659 -1768
Attention: Mr. Dick Hoffstadt
Utilities Departme ,,t
Post Office Box 1765
Newport Beach, CA 92658 -8915
Attention: Mr. Mike Sinacori
4F5- Cn.
Qom / /J c ✓ � B4O
Subject: Request to Vacate Existing 4' Wide
Public Utility Easement;
St. James Episcopal Church
Dear Sirs:
714- 730 -0401
Please accept this letter as a request that you consider vacation of the existing 4' wide
public utilities easement (PUE) affecting the subject property.
As a function of Phase II of the St. James Episcopal Church expansion, a portion of the
proposed church addition impacts said PUE, thus requiring relocation of the existing
utilities within the easement and vacation of the easement itself.
As illustrated on the accompanying print of a precise grading plan for the project, an
existing 6" water main and 3" gas main within the easement are proposed to be relocated
in the adjacent northerly parkway of 32 "d Street. The easement, shown on lot nos. 1197,
1198, 1199, and 1200 of Tract No. 907 (a copy of which is included herewith) is
requested to be vacated accordingly.
City of Newport Beach
Mr. Dick Hoffstadt
Mr. Mike Sinacori
100 -467
Page 2
0
My April 5, 1995, correspondence to you requesting vacation of an adjacent portion of
the PUE (affecting Phase I of the St. James Episcopal Church expansion project) is
included for your edification.
Please contact me if you should have any question or comments or if I may be of further
assistance in the matter.
Sincerely,
Kerry W. Lawler
xc: Mr. Bill Dunlap, The Irvine Company
Ms. Cindy Drennan, St. James Episcopal Church
Mr. Glen Gellatly, Bissell Architects
•
KWL
. RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
City Clerk's Office
City of Newport Beach
Post Office Box 1768
Newport Beach, CA 92659 -1768
Space above this line for Recorder's use only.
RESOLUTION NO. 2004-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ORDERING THE VACATION AND
ABANDONMENT OF A 4 -FOOT UTILITY EASEMENT LOCATED
ALONG THE SOUTHERLY FOUR FEET OF NBLLA95 -2, AT 3209
VIA LIDO; 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 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 the 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 a 4-
foot utility easement described as follows:
A portion of the southerly 4.00 feet of Parcel 1 of NBLLA95 -2 legally
described in Exhibit "A" and depicted on the map 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 utility
purposes; and
WHEREAS, a N otice o f V acation w as p ublished for at least two (2) successive
weeks prior to the hearing in a newspaper of general circulation in the City of Newport
Beach;and
WHEREAS, that at least two (2) weeks before the day set for hearing, Notices of
the proposed vacation were conspicuously posted adjacent to the easement, and that
three (3) Notices posted not more than three hundred feet (300') apart along Via Lido and
32nd 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 utility easement legally described in Exhibit "A ", and depicted on the map
attached as Exhibit "B" are 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 13th day of January, 2004.
ATTEST: CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
LaVonne Harkless, Mayor
City Clerk for the City of Newport Beach
is
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EXHIBIT "K
LEGAL DESCRIPTION
AN EASEMENT 4 FEET IN WIDTH, OVER A PORTION OF PARCEL 1 OF THAT CERTAIN
LOT LINE ADJUSTMENT NO. NBLL95 -2, IN THE CITY OF NEWPORT BEACH, COUNTY
OF ORANGE, STATE OF CALIFORNIA, RECORDED MAY 10, 1995 AS INSTRUMENT NO.
95- 0201207, OFFICIAL RECORDS OF SAID ORANGE COUNTY, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THE SOUTHERLY 4.00 FEET OF SAID PARCEL 1.
EXCEPTING THEREFROM THE SOUTHERLY 4.00 FEET OF THE WESTERLY 114.00 FEET
OF SAID PARCEL 1.
EXHIBIT "B" IS ATTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF.
PREPARED UNDER THE SUPERVISION OF:
12 -04 -03
KERRY W. LAWLER, R.C.E. 23927 DATE
REGISTRATION EXPIRES: 12 -31 -05
EXHIBIT "B"
.. / 1 4.00'
LUT LINE
ArDJ. NU,
NBLL05 -2
PARCEL 1
JNST. NO,
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VIA OPORTO
PREPARED UNDER THE SUPERVISION OF:
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12-04-03
KERRY W. LAWLER, R.C.E. 23927 DATE
REGISTRATION EXPIRES: 12 -31 —D5
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RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
City Clerk's Office
City of Newport Beach
Post Office Box 1768
Newport Beach, CA 92659 -1768
Recorded in Official Records, County of Orange
Tom Daly, Clerk- Recorder
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200400004698108:44am 01122104
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Space above this line for Recorder's use only.
EXEMPT RECORDING REQUEST PER
GOVERNMENT CODE 6103
RESOLUTION NO. 2004 - 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ORDERING THE VACATION AND f
ABANDONMENT OF A 4 -FOOT UTILITY EASEMENT LOCATED
ALONG THE SOUTHERLY FOUR FEET OF NBLLA95 -2, AT 3209
VIA LIDO; 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 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 the 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 a 4-
foot utility easement described as follows:
A portion of the southerly 4.00 feet of Parcel 1 of NBLLA95 -2 legally
described in Exhibit "A" and depicted on the map 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 utility
purposes; and
WHEREAS, a Notice of Vacation was published for at least two (2) successive
weeks prior to the hearing in a newspaper of general circulation in the City of Newport
Beach; and
WHEREAS, that at least two (2) weeks before the day set for hearing, Notices of
the proposed vacation were conspicuously posted adjacent to the easement, and that
three (3) Notices posted not more than three hundred feet (300') apart along Via Lido and
32nd 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 utility easement legally described in Exhibit "A ", and depicted on the map
attached as Exhibit "B" are 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 13th day of January, 2004.
ATTEST: CITY OF NEWPORT BEACH,
A Municipal Corporation
City Clerk
2
By.
Mayor
for the City of New rt Beach .
EXHIBIT 'q'
LEGAL DESCRIPTION
AN EASEMENT 4 FEET IN WIDTH, OVER A PORTION OF PARCEL 1 OF THAT CERTAIN
LOT LINE ADJUSTMENT NO. NBLL95 -2, IN THE CITY OF NEWPORT BEACH, COUNTY
OF ORANGE, STATE OF CALIFORNIA, RECORDED MAY 10, 1995 AS INSTRUMENT NO.
95- 0201207, OFFICIAL RECORDS OF SAID ORANGE COUNTY, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THE SOUTHERLY 4.00 FEET OF SAID PARCEL 1.
EXCEPTING THEREFROM THE SOUTHERLY 4.00 FEET OF THE WESTERLY 114.00 FEET
OF SAID PARCEL 1.
EXHIBIT "B" IS ATTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF.
PREPARED UNDER THE SUPERVISION OF:
KERRY W. LAWLER, R.C.E. 23927
REGISTRATION EXPIRES: 12 -31 -05
12 -04 -03
DATE
'° N0. 23927 '�
* EMPIRES: 12 -3145
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EXHIBIT "B"
4.00'
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PREPARED UNDER THE SUPERVISION OF:
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KERRY W. LAWLER, R.C.E. 23927
REGISTRATION EXPIRES: 12 -31 -05
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STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF NEWPORT BEACH
I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
resolution, being Reeolution No. 2004 -6 was duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 13th
day of January, 2004, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway
'_Noes: None
Absent: Adams
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 14th day of January, 2004.
Seal)
City Clerk
Newport Beach, California