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HomeMy WebLinkAbout12 - Vacation and Abandonment 116 KingsNovember 22, 1999 CITY COUNCIL AGENDA ITEM NO. 12 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: VACATION AND ABANDONMENT OF A 10 -FOOT WIDE SEWER EASEMENT LOCATED ADJACENT TO THE SOUTHERLY PROPERTY LINE OF 116 KINGS PLACE (LOT 2, BLOCK E, TRACT 1219), LOCATED IN THE CLIFFHAVEN AREA RECOMMENDATIONS: 1. Hold a public hearing, close public hearing. 2. If desired, (a) adopt Resolution No. 99 - ordering the vacation and . abandonment of the 10 -foot wide sewer easement, and (b) direct the City Clerk to have the resolution recorded by the Orange County Recorder. DISCUSSION: The property owner of 116 Kings Place, Mr. Norbert Clements, submitted a letter, dated October 5, 1999, requesting the sewer easement be vacated as the sewer line located within the easement serves only his property. Mr. Clements has requested that the easement be vacated and the sewer line made private so that he can construct stairs, decks and other encroachments within the existing easement area proposed to be abandoned (see attached letter). The portion of sewer lateral located within the City's right -of -way is normally maintained by the City, with the portion on private property maintained by the property owner. Mr. Clements has agreed to construct a sewer cleanout at the property line in conformance with City standards if the City approves the vacation. The Utilities Division has reviewed Mr. Clement's proposal and supports the vacation. On November 4, 1999, the City Clerk set the Public Hearing for November 22, 1999, to consider the vacation of the sewer easement. E SUBJECT: Vacation and Abandonment of a 10 -Foot Wide Sewer Easement Located Adjacent to the Southerly Property Line of 116 Kings Place (Lot 2, Block E, Tract 1219) Located in the Cliffhaven Area November 22, 1999 Page 2 Adoption of the recommended Council resolution will complete the statutory proceedings to vacate and abandon the sewer easement (see attached Exhibit). An exhibit is attached for reference. Respectfully submitt , a O(�RRKKSS DEPARTMENT DON WEBB, DIRECTOR By: Richard Hoff tadt Development Engineer Attachments: Letter dated October 5, 1999 Exhibit "A" Exhibit "B" Resolution 0 NORBERT CLEMENTS #8 Rue Viilars Corona Del Mar, California 92662 October 5, 1999 Michael J. Sinacori, P.E. Utilities Engineer City of Newport Beads 3300 Newport Boulevard Newport Beach, California 92658 -8915 RE: Vacating of 10' Sewer Easement on Southerly Property Line of Property located at 116 Kings Place or Lot 2 of Your Field Book #518, Newport Beach Dear Mr. Sinacori: Being the record owner of the above referenced property, I hereby request lhe> v.ac ;alior r of said sewer easement. Please advise me of the proper forms 1 must sign or prepare to complete this vacation. If you have any questions, please call me at (949) 759 -0988 or contact ruy architect, John Wells at (949) 660 -8640. I appreciate this being o)(pedited as soon as possible for wP are ready to start construction. Cordially, Norbert Clements NC:so E RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach P.O. Box 1768 3300 Newport Boulevard Newport Beach, CA 92658 -1768 Space above this line for Recorder's use RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE VACATION AND ABANDONMENT OF A 10 FOOT SEWER EASEMENT ALONG THE SOUTHERLY PROPERTY BOUNDARY OF 116 KINGS ROAD (LOT 2, BLOCK E, TRACT 1219) IN THE CLIFFHAVEN AREA; 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 et sec, of the Streets & Highways Code) is authorized to vacate portions of public easements; and L 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 this 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 the sewer easement located along the southerly property boundary of 116 Kings Place, legally described in Exhibit "A ", and depicted on the map attached 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 sewer purposes; and WHEREAS, a notice of intention was published for at least 2 successive weeks prior to the hearing in the official newspaper of the City of Newport Beach; and . WHEREAS, that at least 2 weeks before the day set for hearing, notices of the proposed vacation were conspicuously posted on Kings Place and Dover Drive, with the notices posted not more than 300 feet apart and a minimum of 3 notices posted on each 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 portion of street rights -of -way legally described in Exhibit "A ", and depicted on the map attached as Exhibit "B ", is 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 day of ,1999 • ATTEST: CITY CLERK ■ Dennis O'Neil, Mayor f :\userslpbw\sharedtresolutionsly -116 kings plamdoc EXHIBIT "A" That certain sewer easement, 10.00 feet wide, in the City of Newport Beach, County of Orange, State of California, described in deed to the City of Newport Beach recorded December 18, 1985 as Document No. 85- 507189 of Official Records in the office of the County Recorder of said County more particularly described as follows: That portion of Lot 2, Block "E ", Tract No. 1219 per map thereof filed in Book 38, Pages 26 and 27 of Miscellaneous Maps in the office of the County Recorder of said County lying within a strip of land being described as follows: Commencing at the southwesterly corner of said Lot 2; thence S 77 020'10" E along the southerly line of said lot a distance of 92.00 feet to the True Point of Beginning; thence continuing S 77 020'10" E along said southerly line to the westerly line of Dover Drive as shown on Right of Way Map No. 25492 -C on file in the Department of Transportation of the State of California. is The northerly line of said strip of land being parallel with and 10.00 feet northerly, measured at right angles, from said southerly line of said Lot 2. 0 C� 0 i ' ''..6.,.--- -.'",�M- - EASEMENT TO BE VACATED EXI1i,81 T /1,6//