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HomeMy WebLinkAbout09 - Summary Vacation of Existing Sewer Easement at 128 Kings PlaceCTY OF F NEWPORT BEACH " City Council Staff Report June 23, 2015 Agenda Item No. 9 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director- (949) 644 -3330, dawebb @newportbeachca.gov PREPARED BY: Kathryne Cho, Civil Engineer PHONE: (949) 644 -3014 TITLE: Summary Vacation of Existing Sewer Easement at 128 Kings Place ABSTRACT: The property owners of 128 Kings Place (Owners) are requesting that the City summarily vacate an existing 10 -foot wide sewer easement (Easement) within the property at 128 Kings Place. RECOMMENDATION: a) Adopt Resolution No. 2015 -58, A Resolution of the City Council of the City of Newport Beach, California, Ordering the Summary Vacation of an Existing 10 Foot Wide Sewer Easement at 128 Kings Place (Lot 9 of Block D, Tract 1219) and Directing the City Clerk to record Same with the County Recorder's Office; b) Direct staff to process the summary vacation of said easement; and c) Direct the City Clerk to have the Resolution and summary vacation documents recorded by the Orange County Recorder. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: A new home construction project is located at 128 Kings Place. There is an existing 6" City sewer and sewer easement that crosses the property which the Owners are now requesting the City to summarily vacate. During the plan check process, the Owners proposed relocating the existing 6" sewer main to increase the property's buildable area. As part of the allowance to relocate the sewer main, the owners were conditionally approved with the requirement that the existing City easement across their property be vacated. In accordance with the conditions and as part of their project, the Owners granted the City a new 10 -ft wide sewer easement and 9 -1 main. The old 6 -inch sewer main that crossed their property was then abandoned in place within the existing easement (see Attachment B — Map of easement to be vacated). According to City records and the Wastewater Master Plan, there are no other active City utilities nor are there future plans to build within said Easement. Pursuant to the California Streets and Highway Code Section 8333, the City Council may summarily vacate a City easement if any of the following conditions exist: (a) The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation; (b) The date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since that date; or (c) The easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement. The proposed sewer easement to be summarily vacated satisfies the previously mentioned condition (c) of the California Streets and Highways Code. The existing easement to be summarily vacated is legally described in Exhibit "A" and shown in Exhibit "B" of the attached Resolution. Staff recommends the vacation of this easement that is no longer needed. 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). ATTACHMENTS: Description Attachment A - Area Mao Attachment B - Mao of Easement to be Vacated Attachment C - Grant of Easement (O.R. 2013000409091) Attachment D - Resolution M ,e ATTACHMENT A COAST HWY W nn i 1 c CITY OF NEWPORT BEACH 128 KINGS PLACE PUBLIC WORKS DEPARTMENT AREA MAP MAY 26, 2015 x KINGS RD <?i COAST HWY W nn i 1 c CITY OF NEWPORT BEACH 128 KINGS PLACE PUBLIC WORKS DEPARTMENT AREA MAP MAY 26, 2015 rO 0 N A N 0 VN IP I Ig t Ip 1 V 1 1 \ 1 1 1 1 I 1 1 1 I I 1 128 KINGS PLACE EASEMENT TO BE VACATED 0 P Op w 1 1\ 11 1 1\ 11 l 1 1 f 1 1 \ 1 \ SE` IER \\ 7 \ 1 \ 1 \ 1 1 l l 1 1 1 1 1 1 1 1 1 \ V. STREET 4-�-^ 1 1� STREETI 1 1 I 1 l 1 1 1 Iy 1 1� 1 Im 1 1� 1 1 1 I 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MAY 26, 2015 9 -4 ATTACHMENT C lr RECORDING REQUESTED AND TwCoorded in Official Records, Orange County WHEN RECORDED RETURN T(?�; ,': 15 t 10: � Illlll11�111l1 III 11�11111111111111111jj�JI �J�I1 $111111 1�1111111 11111I NO FEE *$ R 0 0 0 6 0 1 4 4 1 6$ CITY OF NEWPORT BEACH - = - �` 20130004090912:12 pm 07/08/13 CITY CLERK ;,_• .,; - . __ 47 422 E01 5 P.O. BOX 1768 :000 0.00 0.00 0.00 12.00 0.00 0.00 0.00 Newport Beach, CA 92658 -1768 !� Recording Fee: Exempt (Space above this line for Recorder's use) (Government Code - Section 6103) GRANT OF EASEMENT FOR SANITARY SEWER LINE PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Hazem H. and Nadine T. Haddad, owners of certain real property commonly known as 128 Kings Place in the City of Newport Beach, County of Orange, State of California, hereinafter referred to as "OWNERS," hereby grant to the CITY OF NEWPORT BEACH, a California Municipal Corporation and Charter City, hereinafter referred to as "CITY," an exclusive easement for sanitary sewer purposes and the construction, re- construction, relocation, operations, maintenance and repair of sewer mains, facilities and appurtenances, 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. Dated: Signature Print Name Haz—&njH. Haddad OWNER Signature Print Name Nadine T. Haddad OWNER �ID ATTACHMENT C ACKNOWLEDGMENT State of California County of ss. On D(, - 14 - 2-0 t3 before me, GHR,S-MAMUL scu,r sutA,eA,J Notary Public, personally appeared tQ4o1ui I+ApoAo� NA2Er, RAJCIA0 ,who proved to me on the basis of satisfactory evidence to be the personw whose name(s) Ware subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her/their authorized capacity(ies), and that by hisffier /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. lgnature ACKNOWLEDGMENT State of California County of ) ss. On Public, personally appeared before me, 0 CHRISTOPHER SCOTT SHIRRAN Commission # 1---- a =,s Notary Public - California z -' Orange County s "" My Comm. Expires Sep 26.2014 (seal) Notary ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) M. ATTACHMENT C BEING THAT PORTION OF LOT 9 OF BLOCK D, TRACT 1219 IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED IN BOOK 38, PAGES 26 AND 27 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTHERLY 10.00 FEET OF THE EASTERLY 146.00 FEET OF SAID LOT 9. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. rVWSOC & SOCIATES CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS 2552 WHITE ROAD, SUITE B -IRVINE, CA 92614 -6236 (949) 660 -0110 PAX: 660 -0418 " No. 7914 Exp. 12 -31 -13 EXHIBIT "A" LEGAL DESCRIPTION FOR SEWER EASEMENT W.O.No. 1697- 369 -002 Engr. J.W. Chk'd. J.W. Date 04/02/2013 Sheet 1 of 2 CURVE TABLE CURVE DELTA RADIUS LENGTH Cl 9°00'OC" 180.00' 1 28.27' ATTACHMENT C LINE TABLE LINE BEARING DISTANCE L7 N 10° 57' 00" W 21.44' L2 N 210 36' 30" W 85.00' u SCALE 1 " =50' ALDEN & SSOCIATES CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS 2552 WHITE 120AD, SUITE B IRVINE, CA 92614 -6236 (949) 660 -0110 FAX: 660 -0418 V No. 7914 Exp. 12 -31 -13 EXHIBIT "B" SKETCH FOR SEWER EASEMENT W.O. No. 1697- 369 -002 Engr. J.W. Chk'd. J.W. Date 04/02/2013 Sheet 2 of 2 M ATTACHMENT C CERTIFICATE OF ACCEPTANCE This CERTIFICATE OF ACCEPTANCE is to certify that the interest in real property conveyed by Grant of Easement at 128 Kings Place from HAZEM H. AND NADINE T. HADDAD, as Grantor and the City of Newport Reach, a_ California municipal corporation, as Grantee, is hereby accepted on j u e 2V , 2013, by the undersigned officer on behalf of the City of Newport Beach pursuant to authority conferred by Resolution No. 1992 -82 of the City Council adopted on July 27, 1992. The City consents to the recordation of said document in the Office of the Recorder of Orange County, State of California. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: S Ilf-//3 By: l Fa r Aaron C. Harp City Attorney h� ATTEST: Date: IT Z' I 3 By: a& J. Leilani I. Brown City Clerk State of California ) County of ORANGE ) CITY OF NEWPORT BEACH A California municipal corporation Date: By: c� G.,f Dave Kiff" City Manager RECOMMENDED FOR ACCEPTANCE: PUBLIC WORKS rD�EPARTMENT Date�� O David A. Webb Public Works Director On J Uh e 1?, ,2oP -22 before me, Ki i ✓t �t Notary Public, personally appeared DAVE KIFF, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity(ies), and that by his signature on the instrument the person, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature/ aIEFF Commission # 1967536 (Seal) Notary Public - California i // Orange County » M Comm. _x Tres Jan 26, 2016' C ATTACHMENT D RECORDING REQUESTED AND WHEN RECORDED RETURN TO: PUBLIC WORKS DEPARTMENT CITY OF NEWPORT BEACH POST OFFICE BOX 1768 NEWPORT BEACH, CA 92659 -1768 Space above this line for Recorder's use only. RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE SUMMARY VACATION OF AN EXISTING 10 FOOT WIDE SEWER EASEMENT AT 128 KINGS PLACE (LOT 9 OF BLOCK D, TRACT 1219) 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 Public Streets, Highways and Service Easements Vacation Law (Section 8330 et seq. of the Streets & Highways Code), is authorized to vacate public service easements; and WHEREAS, pursuant to Streets & Highways Code Section 8333 (Public service easement; vacation), the City Council is authorized to vacate a public service easement when the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement; WHEREAS, the City Council of the City of Newport Beach has received a request from the property owner of 128 Kings Place to summarily vacate a 10 -foot easement legally described in Exhibit "A" and shown in Exhibit "B "; and MR WHEREAS, in 2013, the property owner granted, to the City, a new 10 -foot wide sewer easement along the property's southerly property line; and WHEREAS, in 2014, the property owner constructed a new 6 -inch sewer main within the new 10 -foot easement and connected to a manhole along Dover Drive thereby rerouting the sewer system; and WHEREAS, there are no public facilities within the sewer easement being summarily vacated; 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 summarily vacate the easement on this property and has determined that the proposed summary vacation is consistent with the General Plan; and WHEREAS, the summarily vacated sewer easement is unnecessary for future sewer line purposes as the sewer main was relocated along the property's southerly property line and there are no other sewer facilities within said easement; and NOW, THEREFORE, be it resolved by the City Council of the City of Newport Beach that the portion of public sewer easement legally described in Exhibit "A," and depicted on the map attached as Exhibit "B" based on the evidence submitted, that the public sewer easement has been superseded by the relocation of existing sewer main to the property's southerly property line and that there are no other public facilities located within the public sewer easement. By this resolution, the public sewer easement described in Exhibit "A" and depicted on Exhibit "B" is hereby ordered summarily vacated and abandoned. BE IT FURTHER RESOLVED that 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 sewer easement described in Exhibit "A" and depicted on Exhibit "B" shall be summarily vacated and no longer constitute public sewer easement. 9 -11 Adopted this 9ch day of June, 2015. ATTEST: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation m Edward D. Selich Mayor for the City of Newport Beach 9 -12 BEING THAT PORTION OF THE 10.00 FOOT EASEMENT AS SHOWN IN THE RESOLUTION OF ACCEPTANCE RECORDED OCTOBER 7, 1955 IN BOOK 3237, PAGE 507 OF OFFICIAL RECORDS, LYING WITHIN LOT 9 OF BLOCK D, TRACT 1219 IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED IN BOOK 38, PAGES 26 AND 27 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING 10.00 FEET IN WIDTH, FIVE FEET (5') ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE; BEGINNING AT A POINT IN THE SOUTHERLY LINE OF SAID LOT 9, SAID POINT BEING EASTERLY OF AND DISTANT 80.00 FEET FROM THE SOUTHWESTERLY CORNER OF SAID LOT 9; THENCE NORTH 04 °12'00" WEST, A DISTANCE OF 35.00 FEET TO AN ANGLE POINT; THENCE IN A STRAIGHT LINE TO A POINT IN THE NORTHERLY LINE OF SAID LOT 9, SAID POINT BEING NORTHEASTERLY OF AND DISTANT 95.00 FEET FROM THE NORTHWESTERLY CORNER OF SAID LOT 9. EXCEPTING THEREFROM THE NORTHERLY 7.05 FEET OF SAID 10.00 FOOT EASEMENT AS MEASURED ALONG SAID CENTER LINE. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. ALDEN & SSOCIATES CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS 2552 WHITE ROAD, SUITE 13 -IRVINE, CA 92614 -6236 (949) 660-0110 17AX: 660-0418 No. 7914 Exp. 12 -31 -13 EXHIBIT "A" LEGAL DESCRIPTION FOR SEWER EASEMENT VACATION W.O. No. 1697 - 369 -002 Engr. J.W. Chk'd. J.W. Date 04/02/2013 Sheet 1 of 2 CURVE TABLE CURVE DELTA RADIUS LENGTH Cl I 9°00'00" 1 180.00' 28.27' SCALE 1 " =50' LOT 8 BLOCK D LOT OT 9 TRACT 1219 10.00' EASEMENT PER BOOK 3237, PAGE 507, O.R. _ 24, N 111 LOT 10 M INDICATES PORTION OF EASEMENT TO BE VACATED ALDEN & SSOCIATES CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS 2552 WI WIT ROAD, SUITE 13 -IRVINE, CA 92614 -6236 (949)660 -0110 FAX: 660 -0418 Y No. 7914 Exp. 12 -31 -13 EXHIBIT "B" SKETCH FOR SEWER EASEMENT VACATION W.O. No. 1697 - 369 -002 Date 04/02/2013 Engn J.W. Chk'd. J.W. Sheet 2 of 2 9 -14 LINE TABLE LINE BEARING DISTANCE L1 N 10° 57' 00" W 21.44' L2 N 210 36' 30" W 85.00' L3 N 040 12' 00" W 35.00' L4 N 02° 53' 16" E 24.00' L5 N 02° 53' 16" E 7.05' LOT 8 BLOCK D LOT OT 9 TRACT 1219 10.00' EASEMENT PER BOOK 3237, PAGE 507, O.R. _ 24, N 111 LOT 10 M INDICATES PORTION OF EASEMENT TO BE VACATED ALDEN & SSOCIATES CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS 2552 WI WIT ROAD, SUITE 13 -IRVINE, CA 92614 -6236 (949)660 -0110 FAX: 660 -0418 Y No. 7914 Exp. 12 -31 -13 EXHIBIT "B" SKETCH FOR SEWER EASEMENT VACATION W.O. No. 1697 - 369 -002 Date 04/02/2013 Engn J.W. Chk'd. J.W. Sheet 2 of 2 9 -14