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HomeMy WebLinkAbout24 - 431 Dahlia Avenue - Vacation of Storm DrainCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 24 May 27, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David Keely 949 - 644 -3349 or dkeely @city.newport - beach.ca.us SUBJECT: Vacation of a Storm Drain Easement at 431 Dahlia Avenue OWNER: Christina Kaviani, NSC Enterprises Inc. Recommendations: 1. Hold public hearing, close public hearing. 2. Adopt a Resolution ordering the vacation of a 10 -foot wide storm drain easement at 431 Dahlia Avenue as described in Exhibit "A" and depicted in Exhibit "B ", direct staff to process the vacation, and direct the City Clerk to have the Resolution recorded by the Orange County Recorder. Discussion: The property owner of 431 Dahlia Avenue, Christina Kaviani, submitted a request for the City to vacate and abandon an existing 10- foot°wide storm drain easement that runs through the rear of the property. Ms. Kaviani has made this request to fully use this property for the construction of a new residential duplex. Currently, there is a 30 -inch reinforced concrete pipe (RCP) storm drain in the existing 10 -foot wide easement that is abandoned in place. The storm drain easement that runs along 433, 435 and 437 Dahlia Avenue, immediately east of the proposed easement vacation, was quit claimed by the City on July 10, 1974 and recorded by the County Records Office as document OR11197/1937. Public Notice: Public Hearing Notices were posted along the proposed vacation site on May 12, 2008 and were posted in the Daily Pilot. Vacation of a Storm Drain Easement at 431 Dahlia Avenue May 27, 2008 Page 2 Environmental Review: Pursuant to Section 15305, Minor Alterations in Land Use Limitations — Class V of CEQA Guidelines, the requested vacation is exempt from environmental review. Prepared by: Submitted by: David Keefy / Sfep ry,�. Badum Senior Civil Enain(eer lic0 orks Director Attachments: Letter from Property Owner 431 Dahlia Avenue Resolution Exhibit "A" — Storm Drain Easement Vacation Legal Description Exhibit "B" — Storm Drain Easement Map NSC ENTERPRISES INC. P.O. BOX 982 CORONA DEL MAR CA 92625 (949) 675 -6218 9126107 TO: Steve Badum Director of Public Works City of Newport Beach Re: Abandonment Of Easement(s) At: 431 Dahlia Ave. Corona Del Mar CA 92625 With this letter we request that the City of Newport Beach abandon any and all existing storm drain easements that encumber the property in question. Preliminary discussion with Mr. Dave Keeley suggests that all lines originally located within said easements have, in fact been relocated therefore creating an undue hardship on the property. Thank you for your consideration. Sincere Ms. Christ' aviani, CEO NSC ENTERPRISES INC. 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. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE VACATION OF A 10 -FOOT STORM DRAIN EASEMENT LOCATED AT 431 DAHLIA AVENUE; AND DIRECTING THE CITY CLERK TO RECORD SAME WITH THE COUNTY RECORDER'S OFFICE WHEREAS, the City Council of the City of Newport Beach has received a request to vacate a 10 -foot wide storm drain easement legally described in Exhibit "A". and shown in Exhibit "B "; and WHEREAS, an existing 30 -inch reinforced concrete pipe (RCP) storm drain in this easement is abandoned in place; and WHEREAS, the City Council of the City of Newport Beach, pursuant to the provisions of the Street Vacation Act (Section 8300 of the Street & 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 easement is unnecessary for present or future storm drain 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 Notices were posted not more than three hundred feet (300') apart along Dahlia Avenue. 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 storm drain easement legally described in Exhibit "A" and shown in 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 the 27th day of May, 2008. ATTEST: City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By: Mayor for the City of Newport Beach EXHIBIT "A" PAGE 1 OF 2 STORM DRAIN EASEMENT VACATI ❑N LEGAL DESCRIPTI ❑N RdM Surveying Inc 23016 Lake Forest Drive #409 Laguna Hills, CA 92653 ADDRESS OF PROJECTi 431 DAHLIA AVE. (949) 858 -2924 CORONA DEL MAR, CA RDMSURVEYING2COXINET DATEi 01/28/2008 OWNERi NSC ENTERPRISES INC. jffr]-7TIJF, ?, M'11 I LOT U AND NMMEASTMY 14 FEET W LOT 9, BLACK 43L OF COMM ML HAR TRACT, EUX" TW NO"W.MTERLY 3 FEET lF THE NORTHVESTEILY BA FEET OF LOT IL lid pl,:ml v] QF VAY PAGE 409 lF OFFDCIK RECORDS, 14 FEET 13F LOT 9, BLACK 43L SHOWN UKH A NAP ROCORDED DS OF ORANTf CMMTY, CALffOOOA N, OF A PIPE LDE TO CMN" OVER THE PROPERTY FEREDUFTER AND REPLACM SAID PIPE LDE it til ] I 4 V11 1 1 I i.;.'II it][.] ]" I A PD ff Dt THE IQtTFEASTERLY LDE OF LOT 11 OF SOUTH 3V EAST AND DISTANT 39.00 FEET FROM THE I d' EST AA RW&4 EET F T AN DE R= V LY LW W SAID LOT 1L SAD) P=ff OF BtTOW= ? IIA M 1 ]' 1 « I� ]'w�] II • 1 SMELM OF SAID STRIP SHALL BE LENSTHEIED Ott SHORTEIED SO AS T COINENCE IN SAID WORTtESTERLY LDE OF SAID LOT 11 AND .TE NMTHMESTMY AND SOUTHVESTERLY LDE OF SAID NORTHEASTERLY 14 FEET OF LOT A �_ jAON Mf:OEM,�, 4.Oate 9/3p'm# k NO. 4653 EXHIBIT NBa PAGE 2 OF 2 STORM DRAIN EASEMENT VACATION MAP RdM Surveying Inc 23016 Lake Forest Drive #409 ADDRESS OF PROJECTi 431 DAHLIA AVE. Laguna Hitts, CA 92653 CORONA DEL MAR, CA RDMS UR V EYING2COX.NET 858-2924 DATEi 01/28/2008 DMS 4 I I I I I I o I � I 4 OD I I Z I L_. NWE I \ \ 46 I 0 J I I G I ��P NWE 44.00' DAHLIA AVE OWNERi NSC ENTERPRISES INC. ALLEY N40•E 3.00' I \ T.PnB. \ I C31 I b'81 *umlV I 9.99' 397'99mWW saes' S81'18'31'V 99.94' I�TM TE Sc" IN rm 3 I in � Z I ' RON MIEDEMA 4t1909413-0-1m No. 4853 NOTICE OF VACATION Notice is hereby given that the City Council of the City of Newport Beach will consider the vacation of a storm drain easement. The vacation process will be conducted pursuant to the California Street and Highways Code Section 8300 — Public Streets, Highways and Service Easements Vacation Law. The storm drain easement proposed to be vacated is described below. Parcel 1 - Street Address — 431 Dahlia Avenue A right of way easement, as recorded in Book 2596, Page 409 of Official Records, 10 feet in width, over Lot 11 and the northeasterly 14 feet of Lot 9, Block 431, Corona del Mar Tract, as said tract is laid out and shown upon a map recorded in Miscellaneous Maps, Book 3, Page 41 and 42, Records of Orange County, California for the purpose of erection, laying and construction, of a pipe line to convey storm water with the right of going in, under and over the property hereinafter described, for the purpose of repairing, maintaining, and replacing said pipe line in, over and under described center line as follows: Being five (5) feet on each side of the following described center line: Beginning at a point in the northeasterly line of Lot 11 of said Block 431, Said point being South 500 East and distant 39.00 feet from the most northerly comer of said Lot 11, said point also being the true point of beginning, thence South 81 018'31" West a Distance of 39.94 feet to an intersection with the southwesterly line of said Lot 11, said point of the intersection being South 500 East and distant 12.64 feet from the most westerly corner of said Lot 11, thence continuing South 81 °18'31" West a distance of 3.99 feet to an angle point, thence South 87 033'50" West a distance 13.55 feet to an intersection with the northwesterly line of said Lot 9, said point of intersection being South 400 West and distant 12.14 feet from the most northerly corner of said Lot 9. Sidelines of said strip shall be lengthened or shortened so as to commence in said northeasterly line of said Lot 11 and the northwesterly and southwesterly line of said northeasterly 14 feet of Lot 9 NOTICE IS FURTHER GIVEN HEREBY that the City Council of the City of Newport Beach has set Tuesday, May 27, 2008 at the hour of 7:00 P.M. as the time, and the Council Chambers as the place for the hearing of all persons interested inlor objecting to the proposed vacation, and said City Council at the same time and place will hear the evidence offered by any person interested in the proposed vacation heretofore described. LaVonne M. Harkless, City Clerk City of Newport Beach NOTICE OF VACATION Notice is hereby given that the City Council of the City of Newport Beach will consider the vacation of a storm drain easement. The vacation process will be conducted pursuant to the California Street and Highways Code Section 8300 — Public Streets, Highways and Service Easements Vacation Law. The storm drain easement proposed to be vacated is described below. Parcel 1 - Street Address — 431 Dahlia Avenue A right of way easement, as recorded in Book 2596, Page 409 of Official Records, 10 feet in width, over Lot 11 and the northeasterly 14 feet of Lot 9, Block 431, Corona del Mar Tract, as said tract is laid out and shown upon a map recorded in Miscellaneous Maps, Book 3, Page 41 and 42, Records of Orange County, California for the purpose of erection, laying and construction, of a pipe line to convey storm water with the right of going in, under and over the property hereinafter described, for the purpose of repairing, maintaining, and replacing said pipe line in, over and under described center line as follows: Being five (5) feet on each side of the following described center line Beginning at a point in the northeasterly line of Lot 11 of said Block 431, Said point being South 500 East and distant 39.00 feet from the most northerly corner of said Lot 11, said point also being the true point of beginning, thence South 81 018'31" West a Distance of 39.94 feet to an intersection with the southwesterly line of said Lot 11, said point of the intersection being South 50° East and distant 12.64 feet from the most westerly corner of said Lot 11, thence continuing South 81018'31" West a distance of 3.99 feet to an angle point, thence South 87 033'50° West a distance 13.55 feet to an intersection with the northwesterly line of said Lot 9, said point of intersection being South 400 West and distant 12.14 feet from the most northerly corner of said Lot 9. Sidelines of said strip shall be lengthened or shortened so as to commence in said northeasterly line of said Lot 11 and the northwesterly and southwesterly line of said northeasterly 14 feet of Lot 9 NOTICE IS FURTHER GIVEN HEREBY that the City Council of the City of Newport Beach has set Tuesday, May 27, 2008 at the hour of 7:00 P.M. as the time, and the Council Chambers as the place for the hearing of all persons interested in /or objecting to the proposed vacation, and said City Council at the same time and place will hear the evidence offered by any person interested in the proposed vacation heretofore described. aV nne M. Harkless, City Clerk City of Newport Beach Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, California. Number A -6214, September 29, 1961, and A -24831 June 11, 1963. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss, COUNTY OF ORANGE ) 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 below entitled matter. I am a principal clerk of the NEWPORT BEACH - COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: May 17, 19, 2008 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on May 19, 2008 at Costa Mesa, California. • NOTICE OF VACATION Notice is hereby given that the City Council of the City of Newport Beach will consider the vacation of a sterol drain casement. The v citian process will be conducted pur- suant to the California Street and Highways Code Section 8300 - Public Streets, High- ways and Service Easements Vacation Law. The storm drain easement proposed to be vacated is de- scribed below. Purul 1 - Street Ad dress - 431 Dahlia Ave- nue A right of way ease- ment, as recorded in Book 2596, Page 409 of Off icial Records, 10 feet in width, over Lot 11 and the northeasterly 14 feet of Lot 9, Black 431. Corona del Mar Tract, as said tract is laid out and shown upon a map recorded In Miscellaneous Maps, Book 3, Page 41 and 42, Records of Orange County, California for the purpose of erection, laying and construction, of a pipe line to convey storm water with the right of going in. under and over the property hereinafter described. for the purpose of re- pairing, maintaining, and replacing said pipe line.in, over and under described center line as follows: Being five (5) feet on each side of the follow- ing described center line: Beginning at a point in the northeasterly line of Lot 11 of said Block 431, Said point being South 501 East and dis- tant 39.00 feet from the most northerly corner of said Lot 11. said Jy point also being the true point of beginning thence South 8P 18'3" West a Distance of 39.94 feet to an inter- section with the southwesterly line of said Lot 11, said point at the intersection being South 50 East and distant 12.64 feet from the most westerly cor- ner of said Lot 11, thence continuing South 81" 18'31" West a dis- tance of 3.99 feet to an angle point, thence South 87° 33'50 ' West a distance 13.55 feet to an intersection with the northwesterly line of said Lot 9, said point of intersection being South 40- West and distant 1214 feet from the most northerly corner of said Lot 9. Sidelines of said strip shall be lengthened or shortened so as to Core mence 1n said' northeasterly line of said Lot 11 and the northwesterly and southwesterly line of said northeasterly 14 feet of Lot 9 NOTICE IS. FURTHER GIVEN HEREBY that the City Council of the City of Newport Bench has set Tuesday, May 27, 2008 at the hour of 7:00 P.M. as the tlme, and the Council Chambers as the Place for the hearing of all persons interested in/ or oblecting to the proposed vacation, and sold City Council at the some time and place will hear the evl- dome offered by any person interested in the proposed vacatfan haretolore described. LoVonne M. Harkless, City Clerk City of Newport Beach Published Newport Beach /Costa Mesa Daily Pilot May 17. 19, 2008 SaM497