HomeMy WebLinkAbout14 - Vacation of Easements�EWPpaT CITY OF
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CgGIFO PNP City Council Staff Report Agenda Item No. 14
September 25, 2012
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
David A. Webb, Public Works Director
949 - 644 -3311, dawebb @newportbeachca.gov
PREPARED BY: Kathryne Cho
APPROVED:
TITLE: Vacation of Existing Sewer Easements at 300 West Coast Highway,
303 Kings Road, 100 Kings Place and 104 Kings Place
ABSTRACT:
The developer of the Mariner's Pointe Development, located at 300 West Coast
Highway, is requesting the vacation of the sewer easements at 300 West Coast
Highway, 303 Kings Road, 100 Kings Place and 104 Kings Place.
RECOMMENDATIONS:
1. Conduct public hearing and close public hearing for the vacation of existing
sewer easements.
2. If desired, (a) adopt a Resolution ordering the vacation of existing sewer
easements, (b) direct staff to process the vacation of said easements, and (c)
direct the City Clerk to have the Resolution and easement documents recorded
by the Orange County Recorder.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
To accommodate the approved Mariner's Pointe Development, the existing 8 -inch
sanitary sewer line ( "Sewer ") which once ran through the project site towards West
Coast Highway has been rerouted along the bottom of the hillside to discharge towards
Dover Drive. Several new 10 -foot wide easements have been granted to the City by the
adjacent properties above the proposed development, specifically 303 Kings Road, 100
Kings Place and 104 Kings Place.
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Vacation of Existing Sewer Easements at 300 West Coast Highway, 303 Kings Road,
100 Kings Place and 104 Kings Place
September 25, 2012
Page 2
With the new alignment of the City sewer towards Dover Drive, the 100 Kings Place and
104 Kings Place properties are able to connect their sanitary sewer laterals directly to
the new line. This action also allows the City to abandon the existing 10 -foot wide
sewer easement on the hillside and the 5 -foot wide easement which crosses the
development site. The Mariner's Pointe project site is made up of 6 lots which will
eventually be merged into one (300 West Coast Highway). The existing sewer
easements to be vacated are legally described in Exhibit "A" and shown in Exhibit "B" of
the attached Resolution.
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). Additionally, Public Hearing
Notices were posted along the proposed vacation site, on the City's bulletin boards and
published in the Daily Pilot on September 6, 2012.
Submitted by:
David A. Web15
Public Works Director
Attachments: A. Area Map
B. Resolution
2 of
AREA MAP
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Lot) Loth Lot5
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Existing 10 -foot wide
sewer easements to be
pq$yp}L iEIEPNON SOUTH -1E Ulog' -p L01 - - -. . _ _ - - -
vacated
Loth Lot5 Lot4 Lot3 Lott Loll 1' _
J New granted/
_ -
recorded 10 -foot wide
- — _ sewer easements
Existing 5-foot wide
sewer easement to be
«p5T H1W �N varatarl
NOT TO SCALE
3 of
Attachment A
Attachment B
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. 2012-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH ORDERING THE VACATION OF EXISTING SEWER
EASEMENTS AT 300 WEST COAST HIGHWAY, 303 KINGS ROAD, 100
KINGS PLACE AND 104 KINGS PLACE; 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 Ridgeway Development, Incorporated to relocate a portion of an existing
8 -inch sanitary sewer line as a part of the approved Mariner's Pointe development at
300 West Coast Highway; and
WHEREAS, the City has an existing 5 -foot wide sewer easement at 300 West
Coast Highway and 10 -foot wide sewer easements at 303 Kings Road, 100 Kings Place
and 104 Kings Place; and
WHEREAS, the relocation of a portion of the existing 8 -inch sanitary sewer line
in these easements will involve the abandonment of existing 5 -foot and 10 -foot wide
sewer easements; 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
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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 easements on the property and has determined that the
proposed vacations are consistent with the General Plan; and
WHEREAS, with the new sewer easements, the vacated sewer easements are
unnecessary for future sanitary sewer 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 West Coast
Highway, Kings Road and Kings Place. 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 sewer easement legally described in Exhibit "A" and shown in
Exhibit "B" are hereby ordered to be vacated and abandoned.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to have this
Resolution and easement documents recorded by the Orange County Recorder.
5 of
Adopted this 25th day of September, 2012.
ATTEST:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
0
Nancy Gardner
Mayor
for the City of Newport Beach
6 of
EXHIBIT A
BEING A VACATION OF A PORTION OF A 10 FOOT WIDE SEWER EASEMENT IN THE CITY
OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED DECEMBER
31, 1968 IN BOOK 4533, PAGE 498 AND IN BOOK 3237, PAGE 481 BOTH OF OFFICIAL
RECORDS, THE CENTERLINE OF SAID EASEMENT IS MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
PARCEL 1
BEING LOT 5 IN EASEMENT RECORDED IN BOOK 7533, PAGE 498, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTHWESTERLY BOUNDARY OF SAID LOT 5, SAID POINT
BEING SOUTHEASTERLY OF AND DISTANT 134.19 FEET FROM THE WESTERLY CORNER OF
SAID LOT 5; THENCE NORTH 69'30'12" EAST A DISTANCE OF 4.50 FEET.
PARCEL 2
BEING LOT 6 IN EASEMENT RECORDED IN BOOK 7533, PAGE 498, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE WESTERLY BOUNDARY OF SAID LOT 6, SAID POINT BEING
SOUTHEASTERLY OF AND DISTANT 128.58 FEET FROM THE NORTHWESTERLY CORNER OF
SAID LOT 6; THENCE NORTH 69'30'12" EAST 87.4 FEET TO A POINT IN THE
NORTHEASTERLY BOUNDARY OF SAID LOT 6, SAID POINT BEING 134.19 FEET SOUTHERLY
OF THE NORTHEASTERLY CORNER OF SAID LOT 6
PARCEL 3
BEING LOT 7 IN EASEMENT RECORDED IN BOOK 7533, PAGE 498, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE WESTERLY BOUNDARY OF SAID LOT 7, SAID POINT BEING
SOUTHEASTERLY OF AND DISTANT 103.00 FEET FROM THE NORTHWESTERLY CORNER OF
SAID LOT 7; THENCE SOUTH 79'26'28" EAST 74.7 FEET TO A POINT IN THE EASTERLY
BOUNDARY OF SAID LOT 7, SAID POINT BEING 128.58 FEET SOUTHERLY OF THE
NORTHEASTERLY CORNER OF SAID LOT 7.
PARCEL 4
BEING LOT 5 IN EASEMENT RECORDED IN BOOK 3237, PAGE 481, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
LOT
5 — THE
WESTERLY
FIVE FEET (5')
OF SAID LOT 5.
SEE
EXHIBIT B
ATTACHED
HERETO AND
BY THIS REFERENCE MADE A PART THEREOF.
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Notice is hereby given that the City Council of the City of Newport Beach will consider the
vacation of sewer easements. 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 sewer easements proposed to be vacated are described
below.
Being a vacation of a portion of a 10 foot wide sewer easements in the City of Newport Beach, County of
Orange, State of California, recorded December 31, 1968 in Book 4533, Page 498 and in Book 3237, Page
481 Both of Official Records, the centerline of said easement is more particularly described as follows:
Parcel 1
Being Lot 5 in easement recorded in Book 7533, Page 498, more particularly described as follows:
Beginning at a point in the Southwesterly boundary of said Lot 5, said point being Southeasterly of and distant
134.19 feet from the Westerly corner of said Lot 5; thence North 69 °30'12" East a distance of 4.50 feet.
Parcel
Being Lot 6 in easement recorded in Book 7533, Page 498, more particularly described as follows
Beginning at a point in the Westerly boundary of said Lot 6, said point being Southeasterly of and distant
128.58 feet from the Northwesterly comer of said Lot 6; thence North 89°3012" East 87.4 feet to a point in the
Northeasterly boundary of said Lot 6, said point being 134.19 feet Southerly of the Northeasterly corner of said
Lot 6.
Parcel 3
Being Lot 7 in easement recorded in Book 7533, Page 498, more particularly described as follows:
Beginning at a point in the Westerly boundary of said Lot 7, said point being Southeasterly of and distant
103.00 feet from the Northwesterly corner of said Lot 7; Thence South 79026'28" East 74.7 feet to a point in
the Easterly boundary of said Lot 7, said point being 128.58 feet Southerly of the Northeasterly corner of said
Lot 7.
Parcel
Being Lot 5 in easement recorded in Book 3237, Page 481, more particularly described as follows:
Lot 5 — The Westerly five feet (5') of said Lot 5.
NOTICE IS FURTHER GIVEN HEREBY that the City Council of the City of Newport Beach has
set Tuesday, September 25, 2012 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.
&-ad. kwffiv�x
Leilani Brown
City Clerk
City of Newport Beach
CITY CLERK'S ®FRCS
AFFIDAVIT OF POSTING
On m!z tz 64- , 2012, 1 posted the Notice of Public Hearing regarding:
Vacation of Sewer Easements
Date of City Council Meeting: September 25, 2012
�� a r� ' ! c >n I'•='.'
STATE OF CALIFORNIA)
) SS.
COUNTY OF ORANGE )
I am a citizen of the United States and a
resident of the County of Los Angeles; I
am over the age of eighteen years, and
not a party to or interested in the notice
published. I am a principal clerk of the
NEWPORT BEACH /COSTA MESA
DAILY PILOT, which was adjudged a
newspaper of general circulation on
September 29, 1961, case A6214, and
June 11, 1963, case A24831, for the
City of Costa Mesa, County of Orange,
and the State of California. Attached to
this Affidavit is a true and complete copy
as was printed and published on the
following date(s):
Thursday, September 6, 2012
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Executed on September 12, 2012
at Los Angeles, California
Signature
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