HomeMy WebLinkAbout29 - Storm Drain Easement - 445 East Coast HighwayCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 29
June 8, 2010
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Rodi Almendralo, Associate Civil Engineer
949 - 644 -3334 or ralmendralo @newportbeachca.gov
SUBJECT: VACATION OF AN EXISTING STORM DRAIN EASEMENT AND
ACCEPTANCE OF NEW STORM DRAIN EASEMENT AT 445 EAST
COAST HIGHWAY
DEVELOPER: Newport Beach Cars, Incorporated
RECOMMENDATIONS:
1. Conduct public hearing and close public hearing for the vacation of an existing
storm drain easement.
2. If desired, (a) adopt a Resolution ordering the vacation of an existing storm drain
easement and the acceptance of new storm drain easement at 445 East Coast
Highway, (b) direct staff to process the vacation and acceptance of said
easements, and (c) direct the City Clerk to have the Resolution and easement
documents recorded by the Orange County Recorder.
DISCUSSION:
Newport Beach Cars, Incorporated, property owner of 445 East Coast Highway, is
proposing to expand the showroom of the existing Newport Auto Center car dealership
located on the property. The proposed showroom expansion will require the relocation
of a portion of an existing City -owned 18 -inch storm drain line within an existing 15 -foot
wide storm drain easement on the property.
To accommodate the relocation of the 18 -inch storm drain, a new 15 -foot storm drain
easement on the property will be granted to the City. The new easement is necessary
so that the relocated storm drain line can be centered within the easement. The storm
drain easement to be vacated is legally described in Exhibit "A" and shown in Exhibit "B"
of the attached Resolution. The new storm drain easement to be granted to the City is
legally described in Exhibit "A" and shown in Exhibit "B" of the Grant of Easement for
Storm Drain Purposes form.
Vacation of an Existing Storm Drain Easement and Acceptance of New Storm Drain Easement
at 445 East Coast Highway
June 8, 2010
Page: 2
The property owner, Newport Beach Cars, Incorporated, will complete the work
associated with the storm drain relocation. The Newport Auto Center showroom
expansion is currently being reviewed by the California Coastal Commission, but the
property owner has requested to proceed with the storm drain line relocation ahead of
obtaining a building permit for the proposed showroom expansion.
Public Notice:
Public Hearing Notices were posted along the proposed vacation site on May 25, 2010
and were published in the Daily Pilot.
Environmental Review:
Pursuant to Section 15301, Existing Facilities — Class I of CEQA Guidelines, the
requested easement vacation is exempt from environmental review.
Prepared by: Submitted by:
Rodi Almendralo Shen G. Badum
Associate Civil Engineer Public Works Director
Attachments: Resolution
Grant of Easement for Storm Drain Purposes
Proposed Site Plan
Applicant Letter
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. 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH ORDERING THE VACATION OF AN EXISTING 15 -FOOT WIDE
STORM DRAIN EASEMENT AND THE ACCEPTANCE OF A
RELOCATED 15 -FOOT WIDE STORM DRAIN EASEMENT AT 445
EAST COAST HIGHWAY; 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 from Newport Beach Cars, Incorporated to relocate a portion of an existing 18-
inch storm drain line as a part of an expansion of the Newport Auto Center car
dealership at 445 East Coast Highway; and
WHEREAS, the City has an existing 15 -foot wide storm drain easement at 445
East Coast Highway; and
WHEREAS, the relocation of a portion of the existing 18 -inch storm drain line in
this easement will involve the abandonment of an existing 15 -foot wide storm drain
easement and the acceptance of a new 15 -foot wide storm drain easement; 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 and accept easements on the property and has
determined that the proposed vacation and acceptance is consistent with the General
Plan; and
WHEREAS, with the new storm drain easement, the vacated storm drain
easement is unnecessary for 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 East Coast
Highway. 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 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"
of the attached Grant of Easement for Storm Drain Purposes form are hereby accepted.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to have this
Resolution and easement documents recorded by the Orange County Recorder.
Adopted this 8th day of June, 2010.
ATTEST:
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Mayor
for the City of Newport Beach
EXHIBIT "A"
QUITCLAIM OF STORM DRAIN EASEMENT
BEING A PORTION OF PARCEL 1 OF THE PARCEL MAP, IN THE CITY OF NEWPORT
BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, FILED IN BOOK 25, PAGE
46 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
THE EASEMENT FOR STORM DRAIN PURPOSES TO THE CITY OF NEWPORT BEACH
RECORDED OCTOBER 1, 1969 IN BOOK 9095, PAGE 692, OF OFFICIAL RECORDS,
IN SAID OFFICE OF THE COUNTY RECORDER.
ALSO AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND HEREBY MADE A PART
HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS,
EASEMENTS, AND RIGHTS -OF -WAY OF RECORD, IF ANY.
PREPARED BY: STANTEC CONSULTING INC.
UNDER THE DIRECTION OF:
JAMES O. STEINES, P.L.S. 6086
MARCH 16, 2010
J.N. 2036 109002
V: L03 6W CTIVEId0 .i63OW2�URVEYOESIG,NREFORPD EASEMENT QC 20100315.DOC I OF 1
EXHIBIT "B" SHEET 1 OF 1
BEING A PORTION OF PARCEL 1 OF PARCEL MAP BOOK 25 / 4G,
IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA
QUITCLAIM OF 5TORM DRAIN EASEMENT
/Sr
No- �2�1a8 C��ST
/ R. S.
QUITCLAIM OF CITY OF
O NEWPORT BEACH STORM
DRAIN EASEMENT PER
O.R. 9095 / 692.
NQD
\ STREET EASEMENT PER /
1 O.R. 9095 / 684. /
! \.v.L IIiL I iv-
� YL
1- 7 /
0.
AL LA ` ` ! SCALE: V = 100'
�I
JAMES 0. STONES, P.L.5 6086
design\drawrngtexhihits�SD Esmt DC.dwg
RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
CITY OF NEWPORT BEACH
CITY CLERK
POST OFFICE BOX 1768
Newport Beach, CA 92659 -1768
Recording Fee: Exempt (Space above this line for Recorder's use)
(Government Code - Section 6103)
GRANT OF EASEMENT FOR
STORM DRAIN LINE PURPOSES
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, NEWPORT
BEACH CARS, LLC, owner of certain real property described herein situated in the City of
Newport Beach, County of Orange, State of California, hereby grant(s) to the CITY OF
NEWPORT BEACH, a municipal corporation, exclusive easements for storm drain line
purposes in, over, under, along, and across said certain real property described in Exhibit "A"
and shown in Exhibit "B" which exhibits are made a part of this document.
Signature
Print Name
Signature
Print Name
EXHIBIT "A"
STORM DRAIN EASEMENT
BEING A PORTION OF PARCEL 1 OF THE PARCEL MAP, IN THE CITY OF NEWPORT
BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, FILED IN BOOK 25, PAGE
46 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, LYING WITHIN A STRIP OF LAND 15.00 FEET WIDE, THE CENTERLINE
OF WHICH IS DESCRIBED AS FOLLOWS;
COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF BAYSIDE DRIVE AND
ALOHA DRIVE AS SHOWN ON RECORD OF SURVEY NO. 91 -1021 PER MAP FILED IN
BOOK 132, PAGES 39 THROUGH 42, INCLUSIVE, OF RECORDS OF SURVEYS, IN
SAID OFFICE OF THE COUNTY RECORDER;
THENCE, ALONG SAID CENTERLINE OF BAYSIDE DRIVE, NORTH 24 020'02" WEST,
52.56 FEET;
THENCE, LEAVING SAID CENTERLINE OF BAYSIDE DRIVE,
NORTH 65 039'58" EAST, 42.00 FEET TO THE NORTHEASTERLY LINE OF AN
EASEMENT FOR STREET PURPOSES TO THE CITY OF NEWPORT BEACH RECORDED
OCTOBER 1, 1969 IN BOOK 9095, PAGE 684, OF OFFICIAL RECORDS, IN SAID
OFFICE OF THE COUNTY RECORDER, AND THE POINT OF BEGINNING;
THENCE, TRAVERSING THE INTERIOR OF SAID PARCEL 1, THE FOLLOWING
COURSES:
NORTH 52 039'44" EAST, 236.98 FEET TO THE BEGINNING OF A CURVE
CONCAVE NORTHWESTERLY HAVING A RADIUS OF 45.00 FEET;
NORTHEASTERLY 10.57 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 13 027'11 ";
NORTH 39 012'33" EAST, 73.99 FEET TO THE BEGINNING OF A CURVE
CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 22.50 FEET;
NORTHEASTERLY 24.57 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 62 033'20 ";
SOUTH 78 014'07" EAST, 4.67 FEET TO THE BEGINNING OF A CURVE
CONCAVE NORTHWESTERLY HAVING A RADIUS OF 22.50 FEET;
NORTHEASTERLY 19.28 FEET ALONG SAID CURVE. THROUGH A CENTRAL ANGLE
OF 49006'09 ";
NORTH 52039'44" EAST, 4.96 FEET TO THE NORTHEASTERLY LINE OF SAID
PARCEL 1.
THE SIDELINES OF SAID STRIP SHALL BE L3NGTHENED OR SHORTENED TO BEGIN
AT SAID NORTHEASTERLY LINE OF THE EASEMENT FOR STREET PURPOSES TO THE
CITY OF NEWPORT BEACH AND TO END AT SAID NORTHEASTERLY LINE OF PARCEL
1
V EASEMF.W 201MIS.DO 1 OF 2
EXHIBIT "A"
STORM DRAIN EASEMENT
ALSO AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND HEREBY MADE A PART
HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS,
EASEMENTS, AND RIGHTS -OF -WAY OF RECORD, IF ANY.
�r1N L+Nq PREPARED BY: STANTEC CONSULTING INC.
f�so ST�i GAL UNDER THE DIRECTION OF:
2�N FL
N0.6086 O
JAMES 0. STEINES, P.L.S. 6086
rFOF �F MARCH 16, 2010
J.N. 2036 109002
V L036U=IVE\G36109p URVEY ESIGNREPOR' D EASEMENT ?0100Ai.DO 2 OF 2
EXHIBIT "B„ SHEET 1 OF 1
BEING A PORTION OF PARCEL 1 OF PARCEL MAP BOOK 25 / 4G,
IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA
STORM DRAIN EASEMENT
` 1
�\
/ o
ST
Caq
R2
Q
LINE TABLE
NO.
NO.
BEARING
DISTANCE
LS
N24'20 '02 "W
52.5G'
L2
NG5'3q'58" E
42.00'
L3
N39'12'33 "E
73.gq'
L4
578'14'07 "E
4.67'
L5
N52'39'44 "E
4.96'
a2' oti !
L4v
� M$ • Z� Co / � �� Aq cf� tiyF
/ 7 Oy \
G� _ \ O
/� r \.v. ITV V. � � - 1 l/� 1 y �
Q�
STORM DRAIN
EASEMENT
2 /
STREET EASEMENT PER
O.R. 9095 / G84. /
SD
SCALE: 1" = 100'
CURVE TABLE
NO.
RADIUS
DELTA
LENGTH
Cl
45.00'
13'27'11"
10.57'
G2
22.50'
62'33'20"
24.57'
C3
22.50'
4q'OG'Oq"
1q.28'
RIGHT-OF-
-X. 30" ST
NEWPORT AUTOCENTER
PROPOSED STORM DRAIN &
BUILDING EXPANSION
00)o
.7 \
EXISTING COMMERCIAL CENTER RIGHT-OF-WAY
PROPERTY, LINE�
C. 18" STORM DRAIN POSED, 15' EX.
S.D.,EASEMENT CATCH
BASIN
2.0
- - - - - - - - - -
EX.
15' S.D. EASEMtNT 18"
RM
r IN
rO BE QUITC MED
FUTURE EXPANS
i> 07
STANTEC CONSULTING INC.
19 TECHNOLOGY DRIVE
IRVINE, CA 92618
Stantec 949.923,6000
J.N. 2036109002 DATE: 5/20/2010
May 12, 2010
City of Newport Beach Public Works Department
3300 Newport Blvd.
Newport Beach, CA 92658
Re: Newport Auto Center
445 E. Pacific Coast Highway
Newport Beach, CA
On Site relocation of City Storm Drain
As the owner of this property, Newport Beach Cars, Inc., dba Newport Auto Center
wishes to proceed with the relocation of the City owned storni drain line on the front
portion of this lot per the plans approved by the City of Newport Beach.
Since the final approval of the building permit for the showroom expansion on this site is
contingent upon receiving approval from the California Coastal Commission, the City has
requested that the property owner provide this letter stating the intent to proceed with the
storm drain relocation prior to the Coastal Commission action.
Newport Beach Cars, Inc. does by this letter hereby request immediate approval of the
permit for the relocation of this storm drain line and concurrent processing of the
easement modification for this line. It is the intent of the property owner to proceed with
the construction of this line immediately, and it is our understanding that the City of
Newport Beach will follow up with the approval of the easement modifications. This
letter confirms our intent to proceed with this storm drain construction prior to the final
approval of the showroom expansion by the California Coastal Commission.
Respectfirlly yours,
Auto Center
Signatory/Agent
Authunttd to Publish Advertisement, tit all kinds Including Public notices h}
Chriree of the Superior (hurt 1d Orange County. (ahlutnl:►.yl q-q IPA /E D
Sc tcmtxr 21), I'Xil, and A 248:1 June I I. 1061 H
PROOF OF PUBLICATI15VIN -2 9' 28
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
OF
T -,fCLERK
CITY 0- OR KK;H
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 25, 2010
I declare, under penalty of perjury, that
the foregoing is true and correct.
Executed on May 26, 2010 at
Costa a, California.
Z
Signat
Nona or VACAmN
Notice is Mreby given
rlras the city Co.I1N1 of
the City of N.wp «f
4-116 will Ionsid., the
velatlon of o star.
droin .ar.rn.nt. The
vas -rion prole.. will ba
..duped pursuant to
the California 5n1ef
and Nighways cod•
Sir ." High - .tie d
Sneers, ...ne ys aa.
brvh• [m.menh Vo -�
<e is. Jew. Th. o,ow
drain ees.menf pro -
Posed fe be v«ofed Is
Bang a portion of Parcel
I of the Parcel Map. in
the Clty of Newport
BlKh, County Of Orange.
Stale of California. bled
In Book 75. Page 46 of
Parcel maps, m the Office
Of the County Recorder
of said County. described
as follows.
The Easement for Storm
Oran Purposes to the
Crty of Newport Beach'
rec«dad October 1, 1969
In Book 9095, Pata 697.
of Official Records, is
said ONNe of IM County
Recorder.
NOTICE IS [GRTMER
GIVEN NERDY thof the
City (..,it of the City
Of Newport Beorh Iles
of Tuesday, tuna a,
7010 or tfie hour of
7:00 P.M. as the fins.,
send the (..,it Ch-nn bars as the playa for
ow 1w.6.9 of oil Per-
serve Interested In /m
eblening to the Pro -
posed vac often, and
eeid city (.unlit of the
sane time and yylale
will beer the .vid
offered by any parse.
Interested in the pre_
p.ef:d varetim, hero e-
far dasalbad.
.1 Llrlaor Brown
Gty Clak [h
City of NewDOrt Bea
Fob had Nosegays
Bee6 /C«M Mow Dei-
ly IMMt Mnr 25, 2010
T616