HomeMy WebLinkAbout18 - Sanitary Sewer Services to Canyon Fairway CommunityCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 18
November 23, 2010
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Municipal Operations Department
Mark Harmon, Municipal Operations Department Director
(949) 644 -3055 or mharmon(d�newportbeachca.gov
SUBJECT: AGREEMENT TO PROVIDE SANITARY SEWER SERVICES TO
CANYON FAIRWAY COMMUNITY
RECOMMENDATION:
1. Conduct a public hearing in compliance with California Constitution Article Xllld
(Proposition 218)
2. Authorize the City Clerk to tabulate the protests at the end of this Council
meeting whereas this concludes the public notice period.
3. In the absence of a majority protest, direct staff to access sewer fees for the
Canyon Fairway Community Association per title 14 of the City's Municipal Code.
DISCUSSION:
At the September 28, 2010 Council meeting:
• Council accepted a letter request from the Canyon Fairway Community
Association whereas the association requested the City take ownership and
maintenance responsibilities of their privately owned sewer system.
• Council authorized the Mayor to execute an agreement to provide sanitary sewer
services to the community of Canyon Fairway.
• Council authorized the City Manager to sign a Certificate of Acceptance to accept
the necessary sewer & storm drain easements.
• Council approved the draft proposition 218 notice and directed staff to send
these notices to the property owners providing the owners with a minimum of 45
days notice.
• Council approved a public hearing date for November 23, 2010 to tabulate
protests.
Canyon Fairway Agreement
9/28/10
Page 2
On Wednesday, October 6, 2010, staff sent 28 notices to the property owners and
residents of the Canyon Fairway Community Association. This minimum 45 day notice
period is pursuant to regulations and procedures of Proposition 218 and Council
Resolution 2009 -58.
Environmental Review:
Staff recommends the City Council finds that taking action to the recommendations in
this report 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.
Public Notice:
This action of a public hearing complies with the California Constitution Article XIIID
(Proposition 218) regarding rate setting procedures and complies with Council
Resolution 2009 -58 establishing procedures for submission and tabulation of protests.
Funding Availability:
N/A
Prepared by:
George Murdoch, Utilities General Manager
Municipal Operations Department
Submitted
Mark Harmon, Director
Municipal Operations Department
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 8
September 28, 2010
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Utilities Department
George Murdoch, Utilities Director
(949) 644 -3011 or gmurdoch @newportbeachca.gov
SUBJECT: AGREEMENT TO PROVIDE SANITARY SEWER SERVICES TO
CANYON FAIRWAY COMMUNITY
ISSUE:
The Canyon Fairway Community Association (CFCA) has requested a transfer of
ownership and maintenance of the privately owned sanitary sewer system to the City of
Newport Beach.
RECOMMENDATION:
1. Receive a letter request from the CFCA for transfer of ownership/ maintenance
of the sanitary sewer system.
2. Authorize the Mayor to execute an agreement to provide sanitary sewer services
to the community of Canyon Fairway.
3. Authorize the City Manager to sign a Certificate of Acceptance to accept the
necessary sewer & storm water easements.
4. Approve draft proposition 218 notice and direct staff to send to property owners.
5. Set public hearing for November 23, 2010 to tabulate protests.
DISCUSSION:
Background:
The Canyon Fairway Community is located between the Big Canyon Country Club and
San Joaquin Hills Road (see figure 1), It consists of 21 homes and one club house. The
Tract Map for this community was recorded in 1984. In 1985, the community association
was granted utility easements from the Irvine Company that included the sanitary sewer
system. The CFCA has been responsible for the operation and maintenance of the
sanitary sewer system since the development was constructed.
6
Canyon Fairway Agreement
9/28/10
Page 2
In 2007, the City was approached by the CFCA with a request for the City to take over
the ownership and operation of the system. City staff at the time generally agreed with
the direction to consolidate the small system under the City. The City staff conducted a
thorough field inspection of the system and determined that the system was in good
working order and retained the services of Tetra Tech, Inc. to identify the necessary
easements required for the transfer.
City staff has been working with CFCA to develop the easement documents and a
satisfactory agreement between CFCA and the City. Attached to this report is the formal
letter request from the CFCA requesting the City accept ownership of the sanitary sewer
system (Attachment A).
Staff is recommending that the Council approve the transfer of the ownership and
maintenance responsibilities for the CFCA because integrating this small system with
the city will provide better assurances that the system is being properly maintained and
assuming ownership of CFCA will place no additional financial burden on our existing
customers. This will reduce the potential for accidental spills affecting bay or water
quality as the City will add the area to the city -wide maintenance program. Adding the
system to our city -wide program lowers the overall costs for the CFCA; however the City
will collect additional revenue in the form of fixed and variable fees that are not currently
being collected. For capital infrastructure replacement, the CFCA has agreed to pay
$18,920. This amount is equal to what would have been collected from the property
owners, if the City owned and maintained the system from the time the community was
developed.
The attached Agreement to Provide Sanitary Sewer Services (Attachment B) details the
obligations of both City and Association.
The Association shall:
• Grant City access rights to the community.
• Grant City sanitary sewer and storm water easements.
• Pay the City $18,920. This fee is equal to the amount that would have been
collected in fixed fees for future infrastructure repairs /replacement.
• Transfer ownership of sanitary sewer system (sewer mains, laterals, manholes,
and manhole covers).
• Provide written notice to City when CFCA intends to work on private streets
within community.
• In absence of a majority protest, CFCA and its members shall pay sewer fees
per Title 14 of the City's Municipal Code.
• Understand that privately owned trees that adversely affect the sanitary sewer
system may be removed.
Canyon Fairway Agreement
9/28/10
Page 3
The City shall:
• In the absence of a majority protest, assume full responsibility for the
ownership, operation, and maintenance of the sanitary sewer system serving
Canyon Fairway Community. This will include sewer mains, laterals, manholes,
and manhole covers.
• Impose sewer fees on property owners per Title 14 of the Newport Beach
Municipal Code.
• Notify CFCA except in emergencies, any work to be performed on the sanitary
sewer within the community.
• Repair any damage to the easement areas as a result of any necessary utility
work.
The Grant of Sewer & Storm Water Easements and Certificate of Acceptance
(Attachment "C ") is required to provide the City with adequate access to both the
community and the sanitary sewer system. The sewer system includes the laterals and
clean -outs located between the homeowner's property and the sewer main near the
center of the street. The system also includes the sewer main and manholes that collect
wastewater from each home and conveys it to the Orange County Sanitation District's
main line located in the Big Canyon Country Club.
The California Constitution requires the City to notify property owners when establishing
property related fees. The Canyon Fairway property owners currently pay for water
service, however because the sewer service fee is new, the City will be required to
notify the owners by notice, conduct a 45 day notice period and establish a public
hearing date to tabulate the protests. In the absence of a majority protest, the City can
establish sewer fees for each property. A draft notice is attached as Attachment "D ".
Figure 1
CANYON CREST CpMMUNIIY 0.SSOC.
O.
CMYONMILLSCOMMUNIiYA55lS.
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Canyon Fairway Agreement
9/28/10
Page 4
Environmental Review:
Staff recommends the City Council finds that taking action to the recommendations in
this report 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.
Public Notice:
If this agreement becomes effective, the City will need to comply with section 6 of the
California Constitution Article XHID (Proposition 218) in regards to rate setting
procedures. In 2009, the City Council adopted resolution number 2009 -58 establishing
- procedures for submission and tabulation of protests. The City will conduct a public
hearing accept protests.
Funding Availability:
Funding to send the 21 Proposition 218 notices are available in 5600 -8060.
Alternatives:
Do not authorize the Mayor to execute the agreement to provide sewer services to the
Canyon Fairway Community and do not authorize the City Manager to accept the
easements. The ownership, easements, maintenance and operation of the sewer
system will remain the responsibility of the CFCA.
Prepared & Submitted by:
Geor e M doch, Utilities Director
Attachments: ( "A ") CFCA letter request to transfer ownership / maintenance
( "B ") Agreement to provide Sanitary Sewer Services
( "C') Grant of Sewer & Storm Water Easement and Certificate of Acceptance
( "D ") Draft Prop 218 Notice
Attachment "A"
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August 9, 2010
George Murdoch
Utilities Director
City of Newport Beach
3300 Newport Blvd,
P.O. Box 1768
Newport Beach, CA 92658 -8915
Re: Canyon Fairway Community Association
Transfer of Ownership / Maintenance of Sewers
Dear Mr. Murdoch,
Canyon Fairway Community Association formally requests the City of Newport Beach
accept ownership of our private sewer system. We understand that the city will perform
all maintenance and repairs on the system and Association's residents will be charged a
sewer fee by the city.
William Russell, President
a�u,«: v�a�nmv.« �vw�, o, �n�w�aowairempR,. rm�« na�vaw+ coa��gs�zaauvezu< rc, zzonrrao�e °�zaeew�rwaooaosia[il.ao�
.. .... .. ........
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f Attachment "B" .
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AGREEMENT TO PROVIDE SANITARY SEWER SERVICES
This Agreement to Provide Sanitary Sewer Services ( "Agreement ") is effective this
day of 2010, by and between the Canyon Fairway Community Association,
a California corporation ("Association ") and the City of Newport l3each, a California
municipal corporation and charter city ( "City"). City and Association are. at times
referred to individually as "Party" and collectively as "Parties." .
RECITALS
1. Tract 10814, described and depicted in Exhibit "A ", attached hereto and
incorporated into this Agreement by this reference, consists of 21 homes and one
clubhouse. The Tract Map was recorded in 1984. Tract 10814 has at all
pertinent times been located within the boundaries of City.
2. Since 1984, Association has been responsible for the operation and maintenance
of the sanitary sewer system that serves Tract 10814. Said sanitary sewer
system is described and depicted in Exhibits "A" and "B ", attached hereto and
incorporated into this Agreement by this reference.
3. In 1985, the Association was granted all utility easements originally held by The
Irvine Company,. including all pertinent easements for the sanitary sewer system
serving Tract 10814.
4. City has conducted a thorough field inspection of the Association's sanitary
sewer system and has determined that the system is in good working order and
conforms with all City design and construction standards.
5. Subsequent to obtaining approval from a majority of its members, Association
has requested, and City has agreed, that City take over the sanitary sewer.
system currently operated by Association, including ownership, operation and
maintenance of the sanitary sewer system. .
6. Association has agreed to grant City the necessary easements and other
authorizations to effectively perform the sanitary sewer system duties which are
the subject of this Agreement.
1
NOW, THEREFORE, in consideration of the mutual promises set forth herein, the
Parties agree as follows:
1. Recitals
The Recitals above are deemed true and correct and are hereby incorporated
into this Agreement.
2. Association's Oblications
A. Association shall, within 14 days of the effective date of this Agreement,
execute an easement in favor of City, granting to City access rights to Lot
B, Lot E, Lot 11 and Lot 12 of Tract 10814 and Lot A (a.k.a. Parcel 1) and
Parcel 2, as depicted and described in the Grant of Sewer and Storm
Water Easements, for the purpose of operation and maintenance of the
sanitary sewer system. City shall cause said easement to be recorded with
the Office of the County Recorder,
B. In consideration of City's promise to own, operate and maintain the sanitary
sewer system serving Tract 10814 as set forth in this Agreement,
Association shall pay the City the sum of Eighteen Thousand Nine Hundred
Twenty Dollars and Twenty -Five Cents ($18,920.25). Said payment shall
be made within 21 days of the effective date of this Agreement.
C. Upon execution of this Agreement, Association transfers all of its
ownership interests in the sanitary sewer system's pipes, facilities and
appurtenances to City.
D. Association shall give 60 days advance written notice to City of all
resurfacing, slurry sealing, and other roadway projects on Lot E of Tract
10814, commonly known as Canyon fairway Drive.
E. Association understands that upon the effective date of this Agreement,
and the absence of a majority protest, Association and its members shall
be subject to Title 14 of the Newport Beach Municipal Code and other
.pertinent ordinances, rules and regulations regarding City sewer services,
including sewer fees. Association shall notify its members of the provisions
2
;I
I
of this Agreement, including information regarding the municipal sanitary
sewer service fee to be imposed by City.
F- Association understands, and shall notify its members, that trees and other
improvements within the easement areas may be subject to removal if, in
the City's sole discretion, such trees or other improvements impair the
provision of sanitary sewer services under this Agreement.
3. Citv's Obligations
A. City shall, upon receipt of the sum of $18,920.25 as described in
Paragraph 2(8) and recordation of the grant of easement described in
Paragraph 2(A) above, assume full responsibility for the ownership,
operation and maintenance of the sanitary sewer system serving Tract
10814, including all sewer main lines and appurtenances, laterals up to a
private property line and manholes and manhole covers, subject to Section
10.
B. City shall, except in emergency situations, give Association advance notice
of any work to be performed on the subject sanitary sewer system.
C. Should City, in the performance of its obligations hereunder, disturb or
damage the surface of the easement area, it shall, at its own expense,
repair said surface, except that City shall not be responsible for the
replacement of trees, shrubs, enhanced paving (e.g., decorative concrete,
pavers, tiles, etc.) or other softscaping,
4. Term
This Agreement shall be in full force and effect until the specified obligations of
both parties have been fulfilled or the Agreement is terminated as set forth in
Paragraph 10.
5. Notices
All notices or other communications required or permitted in this Agreement shall
be personally delivered or sent by registered mail, postage prepaid, return receipt
requested, addressed as follows:
To Association: Canyon Fairway Community Association
i
3
...._....._ ............ .
i
c/o Villageway Property Management, Inc.
2 Venture, Suite 500
Irvine, CA 92616
To City: City of Newport Beach
Attn: Utilities Director
3300 Newport Blvd,
Newport Beach, CA 92663
6. Applicable Law and Jurisdiction
In the event of a dispute regarding performance or interpretation of this
Agreement, the laws of the State of California shall apply and the venue for any
action shall lie in the Orange County Superior Court.
7. No Third Party Beneficiaries
This Agreement is entered into by and between the Association and the City and
nothing herein is intended to establish rights or interests in individuals or entities
not a party hereto.
8. Entire Agreement
This Agreement constitutes the entire understanding and agreement between the
Parties and supersedes all previous negotiations and agreements between the
Parties pertaining to the subject matter hereof.
9. Waiver
i
A waiver of a breach of the obligations under this Agreement by either Party shall
not be construed as a waiver of any succeeding breach of the same or other
obligations of this Agreement.
10. Modification and Termination
Any modification or termination of this Agreement shall be in the form of a written
amendment, signed by each Party. Notwithstanding this mutual termination, this
Agreement shall automatically terminate if majority protests are submitted by the
Association's residents /members to the City pursuant to California Constitution
4
Article 13D, Section 6(a)(2). In said event, the Association shall resume
ownership and maintenance responsibility for the sanitary sewer system serving
Tract 10814, including all sewer main lines and appurtenances, laterals and
manholes and manhole covers.
11. Severability
If any term or portion of this Agreement is held to be invalid, illegal or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
12. Authorized Signators
Each of the undersigned represents and warrants that they are duly authorized
by their respective Board of Directors or City Council to execute and deliver this
Agreement and that such execution is binding upon the entity on whose behalf
they are executing this Agreement.
13. No Attorneys' Fees
In the event of any dispute or legal action arising under this Agreement the
Prevailing Party shall not be entitled to attomeys' fees.
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed as of the day and year first above written.
CANYON FAIRWAY COMMUNITY ASSOCIATION
a� k 0"C�4
By: A It
Title: President of the Board of Directors
By:
Title: Secretary of the Board of Directors
CITY OF NEWPORT BEACH
Keith D. Curry, Mayor
APPROVED AS TO FORM:
aj �&� 61"
David R. Hunt, City Attorney
ATTEST:
Leilani Brown, City Clerk
[END OF SIGNATURES]
6
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EXHIBIT B
Canyon Fairway Sanitary Sewer System
�) �)
L0
0
Attachment T"
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
city of Newport Beach
3300 Newport Blvd.
P.O. Box 1768
Newport Beach, CA 92658 -8915
Attn: Utilities Director
Exempt from Recording Fees Pursuant to
Government Code §§ 6103 & 27383
(SPACE ABOVE THIS LINE FOR
GRANT OF SEWER & STORM WATER EASEMENTS
For adequate consideration, receipt of which is hereby acknowledged, Canyon Fairway
Community Association, a California corporation ( "Grantor"), owner of certain real
property and easements described herein, situated in the City of Newport Beach,
County of Orange, State of California, hereby grants to the City of Newport Beach, a
California municipal corporation and charter city ( "Grantee "), non- exclusive easements
in perpetuity for storm water purposes and the construction, re- construction, re- location,
operation, maintenance and repair of sewer pipes, facilities and appurtenances, in,
over, across, under, and along said certain real property.
Said easements are described in Exhibits "A ", "B ", "C" and "D" and delineated on Exhibit
"E" attached hereto and incorporated herein by this reference (collectively
"Easements "). A portion of the Easements are new and are created for the first time
within this document by Grantor in favor of Grantee. The remainder of the Easements
currently exist in favor of the Grantor and are hereby granted to the Grantee:
1) Lot A (a.k.a., Parcel 1) —This easement was created in 1984 from a grant of the Big
Canyon Country Club, a California nonprofit corporation, to The Irvine Company, a
Michigan corporation via Orange County Recorder Document No. 84- 190109.
Subsequently in 1985, the easement was conveyed from The Irvine Company to the
Canyon Fairway Community Association via Orange County Recorder Document No.
85- 383728. In 2006 the Big Canyon Country Club re- stated the easement and granted
it to the Canyon Fairway Community Association, as the successor in interest to The
Irvine Company, via Orange County Recorder Document No. 2007000392342.
2) Parcel 2 —This easement was created in 2006 from a grant of the Big Canyon
Country Club to the Canyon Fairway Community Association via Orange County
Recorder Document No. 2007000392342, ,
3) Lots 11 & 12 —This easement was created in 1984 within Tract Map No. 10814
recorded by the Orange County Recorder as Document No. 84- 316627. The easement
is in favor of the Canyon Fairway Community Association and is identified on the tract
I
i
map as a "private [easement] for storm drain purposes and for [sanitation] sewer
i purposes."
RESERVING UNTO GRANTOR, its successors and assigns, the right to use said
certain real property for any purpose, that will not in any way interfere with the use by
Grantee of these easements, including, but not limited to, the Grantee's right to
construct, re- construct, re- locate, operate, maintain and repair sewer pipes and storm
water facilities and appurtenances, in, on, over, across, under and along said certain
real property. Grantee shall not be obligated to re- locate its storm water facilities, sewer
pipes, facilities or appurtenances to accommodate any exercise of the rights retained
herein by Grantor, except that Grantee may, in its discretion, permit such re- location
provided the entire expense is borne by Grantor or others.
Dated: 2 A , 2010
Canyon Fairway Community Association, a California Corporation
�G v
President, Bbard of Dire ors Secretary, Board of Directors
Canyon Fairway Community Association Canyon Fairway Community Association
STATE OF CALIFORNIA
COUNTY OF ORANGE
On _4 20 (Q , before me,.(��r�yy
the under gnel d Notary Public in and for said County and State, personally appeared
LLl' i 7 s " tal%iuho proved to me on the
basis of satisfactory evidence to be the persons whose namgs We subscribed to
the within instrument and acknowled ed to meat he /she /they executed the same in
his /her /their authorized capacit s) and that by his /her /their signatur s on the
instrument the perso s) or the ntity upon behalf of which the persa s acted,
executed the instrumen .
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.
Notary Public S'� " m�s��
_ DENISE T. M. FARRIg
STATE OF CALIFORNIA COMM. #1843103
�' NOTARY PUBLIC•CAUPOflNIA�
ORANGE COUNTY
COUNTY OF ORANGE MYC aEVraAPRIL04.2013
On 20_ , before me,
the undersigned Notary Public in and for said County and State, personally appeared
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 signature(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.
Notary Public
CERTIFICATE OF ACCEPTANCE
This CERTIFICATE OF ACCEPTANCE is to certify that the interest in real property
conveyed by Canyon Fairway Community Association's grant of Sewer & Storm Water
Easements dated 2010, is hereby accepted on , 2010, by
the undersigned officer on behalf of the City of Newport Beach pursuant to authority
conferred by Resolution No. 6773 of the City Council adopted on May 13, 1968. The
City of Newport Beach consents to the recordation of said document in the Office of the
Recorder of Orange County, State of California.
APPROVED AS TO FORM:
OFFICE OF THE �CITY ATTORNEY
By
Leonie Mulvihill
Assistant City Attorney
ATTEST:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
David Kiff
City Manager
Exhibit "A"
Legal Descriptions for Lot A (a.k.a. Parcel 1) and Parcel 2
f
THOSE PORTIONS OF BLOCKS 5S, 56,92 AND 93 OF IRVINE'S SUBDIVISION; IN THE CITY OF
NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN
BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS IN TIM OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 1:
A STRIP OF LAND 38.00 FEET IN WIDTR,1IM NORTHERLY LINE OF WHICHIS DESCRIBED AS
FOLLOWS:
CONW NCINGAT THE SOUTHEASTERLY TERMINUS OF THE 1WH COURSE OF PARCEL 2
j OF THE DEED FROM THE IRVM COMPANY TO BIG CANYON COUNTRY CLUB, RECORDED
I DECEMBER 30,1974, IN BOOK 11314, PAGE 857 OF OFFICIAL RECORDS OF SAID COUNTY;
EGINNIALONG SAB) COURSE, NORTH 12 °0445" WEST 9.48 FEET TO THE TRUE P014T OF
BHG]NNiNG; THENCE NORTH 60'1100" EAST 43.44 FEET TO APOINTHERBONREFERRED TO
j S POINT `A'; THENCB CONTINMGNORTH 60 °,1,1'00" EAST 3 7.3 7 FEET TO A POINT HEREON
REFERRED TO AS POINT `B', SAID POINT ALSO BEING 113E POINT OF TERMINATION
' PARCEL 2:
A STRIP OF LAND I5.W FEET IN WIDTH,: THE CENTERLINE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNING AT SAID POINT `A'; THENCE NORTH 09 °27'37" EAST 193.53 FEET TO THE POINT
OF TERMINATION.
PARCEL 3:
A STRIP.OF LAND 19.00 FEET IN WIDTH, THE
FOLLOWS: NORTHERLY LINE OF WHICH IS DESCRB3EDAS
BEGINNING AT SAID POINT B'; THHNCE NORTH 60011 TV EAST 181.69 FEET TO TUB POINT
OP TERMINATION.
AS SHOWN ON E)ZHIBIT"2r ATTACHED
HEREOF. HERETO AND MADE A FART
I m�iga
i
Civil Engineers —Land Surveyors - Planners
2552 White Road, Suite B
Irvine, CA 926I4 -6236
949 -660 -0110 F=949-660-0418
I*
EXIHBTT "i"
LEGAL DESCRIPTION
TO ACCOMPANY A SKETCH
W.O. No. 1140-369-001 Date: 041130M i
FZW.B.JW. Chk'd. I.W. Sheet 1 of 1 I
�r
15.00
///--- PARCEL 2 �pN
15' SEWER EASEMENT p�pNty
/ 5 8
too
1
TRUE POINT
OF BEGINNING c 1 r PARCEL 3
POINT 'B' 19' SEWER EASEMENT
POINT OF POINT i4'
COMMENCEMENT 1 ? �� PARCEL 1
moo, 38' SEWER EASEMENT
F-
gyp_
L'r
�4
LINE TABLE
LINE
BEARING
DISTANCE
L7
N '60' 1 VOIr E
43-44'
L2
N 09'27'37' W
193.53'
L3
N 60'11'00" E
37.3T
L4
N 00'11.00" E
181.69'
0
0
4
ALDEN & EXH18Tf "
SSOCIATES
SVUCH TO ACCOMPANY
avu . SUnvEYOxs- etMmses A LEGAL DESCRIPNON
25n TE80AU=MID- 1RV0MCA 926146216 W0. N0. 1140- 369 -001 04/13/06
(4491666-01(6 RAX:6604a18 B.J.w. Chic'd J.W. Sheet 7 Of 1
t
I '
... ..... ......... . .. .. .. ... .. _ _
I
_ _
Exhibit "B"
Legal Description for Lot B
cx�CS�.K.ri•s, �.
aync3o,zoos
LEGAL DESCRIPTION
A STRIP OF LAND 15.00 FEET WIDE OVER THAT PORTION OF LOT 8 IN TRACT 140. 10514
IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA. AS
PER MAP RECORDED IN BOOK 527, PAGES 31 THROUGH 35 OF MISCELLANEOUS MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THE CENTERLINE OF
WHICH IS DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST EASTERLY CORNER OF LOT 12 A$ SHOWN ON SAID TRACT
NO, 10814, THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT 12 NORTH
31143M WEST 10.12 FEET TO THE '01 POINT OF BEtiINNCNG' THENCE NORTH
52 044'53" EAST 43M FEET TO THE NORTHEASTERLY LINE OF SAID LOT B.
THE SIDELINES OF SAID STRIP TO BE LENGTHENED OR SHORTENED To TERMINATE
NORTHEASTERLY IN SAID NORTHEASTERLY LINE OF LOT B AND SOUTHWESTERLY IN
THE SOUTHWESMLY LINE OF SAID LOT B. .
ALL AS MORE PAIMCULARLY SHOWN ON EXHIBIT 4B" ATTACHED HERETO AND MADE A
PARTHEREOF.
DATED THOS 30•` DAY OF APRIL, 2008.
lit IM UMML
IR1l Hes sufflovogRo N
—et EXiS -ZING EStAT.
PER DOC. N0. 84- 190109 O.R.
19' 19 REC. 5/8/1984
t 38' i
t ,
LOT A
LOT 12.
r.
527 / 31 W
LOT 11
PRIVATE ESMT.
—FOR STORM DRAIN
PURPOSES & SAN.
SEWER PURPOSES
PER TR. 10814
0
cv
- - -
BEARING DISTANCE
1. N31.37'59'M 10.12'
2 N52.44' S3' E 43.95
EASEMENT
LQT 4®
to 71
Exhibit "C"
Map Depicting Location of Lot E (Canyon Fairway Drive)
8LL OF TENIACIVE IRRCY N0.1
SHEET L -OF 5 SHEETS
go. LOTS IRe -OO9 ACES
N0. COTS•16 -..% ACEES ;IMCLUSNE
'�L� -�'
T R R^ T
N O D 10114
BLOCK NODULE
10 THE CICT OF AIRPORT REACH.
COWRY OF ORANGE. STATE Of CALIFORNIA,
S3SO QQ
BEC80 A wmlY15COH OF A PaRr IOR OF RUM$ SS. $R Mo Bl Of
1AVIHE'S SRBOlVI510N At PER W RECMIIO 19 MIN 1, PAGE 08 OF
_
H15CELLANEOUS ]MPS
Mons OF SAID OPAR&E COU.".
JOAN E. flORE0.15. )fl.
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RENO E: LOOT xP[dRdfd IN 90dX ti]U. PACE $76 dF OFFICIAL NECOADfrd(,1i
OM O uniT.
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94.00
1 MEREBI CEPTUT THAI 1 AX A LICESSfa URI DIADEM OF WE State OF THAT -
faRWa! THAT INI3 NAP GOYS OlMo OF S $MEETS Mo THE TRUE AMR CWALETE
5flTVEY XROE IN DECFROER 1981. NMICx IT CMUCCLT REPRESENTS HERE ARM
XPOE AT Xf VR VMO,A Xt OtxELT[OXI [Ifni TM[ XOxVXENTS Mf mF THE CMPACTfR
MIT OCOJlY IKE P051t1OXS tMDICR}EO OT AiTo MV MO NONRMEHT MITES: AND
THAI SAID MAUKENTS ARE SUFFICIENT 10 UNIT ME S,my TD a REtaRCED.
- JONNE. ROHER]6. M.
L.5 ]O36
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•ORSEO MIS OAT ONIJOCe: . ;9_
III MHUTO mp,. AT
r LILT CNOINFEfl Of pOftT REACH
STATE OF @LcFmiM,
CON" OF OAAHOE I $5
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tlNtl E %EEBEfa TW WITHIN INSTAURENF MO KNOW TO HE AT FAIM TO RE oN
IRE BASIS RE SRTISFACTOBT EVIOEMPE No OE ME EM MA AND EXECUTED lot
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MIMIA INSTRVAMr all REHAB W SRI; CONORRFISA ARC RCKWNLEDGED TD NE
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NI CONAT.SION EXPIRFSAAR /e 9 /91'6 wrNEa6 NT RAND RXD .FPTLIR, REAL
�r..�.L ..
xu�i�'wnl�;
!�T!L+ dNin •�IM�ro
IN AMOBOAMCE IT to IKE PoIOYISIONS BF SECTION 66136 ITT 111 OF THE SUBOIV!-
SOON ORP ACT, THE FULIORKTO SLMDTUNES Mine Be" CKIIME
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Exhibit "E"
July 30, 2009 Map Delineating All Sewer Easements
i
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658 -8915
ATTACHMENT "D"
City of Newport Beach Information and Notice of Public Hearing
And Protest Procedure of Proposed Sewer Rate Charges for the Canyon
Fairway Community
TO: Doe, John & Jane
12345 Main Street
Newport Beach, CA
94590
EXTRA SPACE
,.
Proposed Canyon Fairway Sewer Rate Charges
Notice of Public Hearing and Protest Procedure
NOTICE IS HEREBY GIVEN that on Tuesday, November 23, 2010, at 7:00 p.m., a public hearing will be
conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach, CA
92663.
This will be a public hearing before the Newport Beach City Council to allow public testimony and discussion of
the proposed Sewer rate charges described within this notice. The City Council will take written and oral
comments that evening, and it will also consider all written protests against the proposed charges, determine if
a majority protest exists, and to impose the sewer rate charges on. the residents of the Canyon Fairway
Community Association.
How to File a Written Protest
Written protests must be filed with the City of Newport Beach City: Clerk. Written protests may be hand
delivered or mailed to the City Clerk at 3300 Newport Boulevard, Newport Beach, California 92663. To be
valid, written protests must state opposition to the proposed sewer rafe- :jncrease, identify the parcel (by
assessor's parcel number or street address), and include the original signature of the record sewer service
customer or parcel owner. Written protests may be submitted up to the conclusion of the public testimony at
the November 23, 2010 public hearing.
About Proposition 218
In November 1996, California voters approved Proposition 218. As a result, California agencies must comply
with its requirements when setting utility rates. One provision requires that a noticed public hearing on utility
rates be held and that rates not be imposed if a majority of affected utility customers protest the increased
rates in writing.
Frequently Asked Questions
Q. What does.my sewer bill pay for?
A. Your Newport Beach sewer bill covers the following categories costs and services:
• The annual; operation and maintenance of the sewer system including routine cleaning, repairs, lift
station operation and maintenance, energy costs, and employee salaries.
• The repair and replacement of piping, sewer lift stations, facilities and equipment to improve the
sewer system safety, efficiency and reliability. No debt for this purpose is proposed and all
improvements will be "paid as we go" with rate revenue.
Q. Why are we now being charged?
A. The Canyon Fairway Community Association has submitted a request to transfer the ownership,
maintenance, and replacement responsibilities of the sanitary sewer system serving the Canyon
Fairway Community to the City of Newport Beach On September 28, 2010, the City and Association
entered into an agreement to transfer this ownership. As with all customers that are provided sewer
services in the City of Newport Beach, fees are established to provide this service.
Q. How is my sewer bill calculated?
A. A customer's sewer bill (which is a component of the municipal services statement sent to City water &
sewer customers) represents the sum of monthly Sewer Consumption Charge (which is based on each
Ai
water billing unit used), a monthly basic Sewer Use Charge (which is based on individual metered
dwelling units), a monthly supplemental sewer use charge (which is based on additional dwelling units),
and a monthly surcharge (which is based on customers with non - irrigation water meters larger than two
(2) inches).
The following is a breakdown of each component:
• Sewer Consumption Charge (Variable): A sewer consumption charge shall be assessed for
each hundred (100) cubic feet of water delivered to each customer connected to the public
sewer system. This fee is primarily designed to recover the costs of maintaining the sewer
system based on how much a customer uses the sewer system. It is assumed that the more
water a customer uses, the more wastewater enters the collection system.
• Sewer Use Charge (Fixed): A monthly basic sewer use charge shall be assessed against each
individually metered dwelling unit or business structure connected to the public sewer system.
This fee is designed to recover the costs of infrastructure needs such as capital replacement of
the system, repairs, and improvement needs,
• Supplemental Sewer Use Charge (Fixed) A monthly supplemental sewer use charge shall be
assessed for each additional living unit served by the same sewer connection. The term "living
unit' shall mean each additional dwelling unit and structures designed for permanent residential
use and each room with sanitary and sleeping facilities in any hospital, care facility, hotel or
motel. The purpose of this fee is recover costs associated to additional customers connected to
one sewer connection.
• Wastewater Surcharge (Fixed): A monthly wastewater surcharge shall be assessed to each
water customer on all non - irrigation water meters which -have a diameter that equals or exceeds
two inches. Water meter connections for the exclusive purpose of providing water for fire
sprinkler of fire protection systems shall be exempted from this surcharge. This fee is designed
to recover the costs associated with larger customers. Typically a larger water meter requires a
larger sewer connection.
Q. How can I find out how this changes my bill?
A. You are most likely already receiving a bi- monthly Municipal Services Statement. Your current bill has
the fees for the water use, however now you will have a section for sewer use. Start by looking at your
Municipal Services Statement (a sample has been provided). You'll see a notation under SEWER
CHARGES showing "SEWER USE HCF You will see that "QTY" (quantity) is the same as the WATER
USE HCF. This sewer fee is charged at $0.35 for every water billing unit (HCF) used. An HCF is 100
cubic feet of water or 748 gallons. Using the same sample statement below, look at "SEWER
SERVICElBI-MO" This" fee is the monthly "fixed" fee charged at $4.50 per month. The sample
statement below is a bi- monthly bill therefore the monthly fixed fee for two months would be $9.00.
If you still have questions about how your bill might be impacted, call or e-mail the City using the
number or address at the end of this notice.
MUNICIPAL SERVICES STATEMENT
waterconservation Route: 270
SERVICE PERIOD:
12115/09 to 02117110
Current Reading: 114
WATER CHARGES:
QTY:
RATE: TOTAL:
1 WATER USE HCF
17.00 S2,20 $$7.440
WATER SERVICE.7M
. a
$16,54 $4.00
SEWER CHARGES:
New Charges
SEWER USE HCF
17.00
50.35 $5,45
!�': SEWER SERVICE161 -MG
. 0
$3.00 $9.00
Proposed Sewer Rates
The proposed sewer rates for property owners within the Canyon Fairway community are the same as all
property owning customers receiving sewer services in Newport Beach with the exception of customers
receiving sewer services that are not receiving water service from the City of Newport Beach (see Municipal
Code Title 14, section 14.24.065 (B). The fee schedule is as follows:
Sewer Consumption Charge: Thirty five cents ($0.35) per water billing unit (100 cubic feet of water or 748
gallons delivered to the customers connected to the public water system)
Sewer Use Charge: Four dollars and fifty cents ($4.50) per month.
Supplemental Sewer Use Charge: A supplemental sewer use charge of two dollars ($2.00) is charged for each
additional living unit. An additional living unit is a dwelling unit for permanent residential use. Additional is more
than one connected to the same sewer connection_ Most units in Canyon Fairway do not fall into this category.
Wastewater surcharge: A monthly surcharge of ten dollars ($10-00) will be charged for sewer connections
where the water connections are in excess of two (2) inch in diameter. Water meters in excess of two (2)
inches used for fire or irrigation are exempt. Most residential homes in Canyon Fairway have meters under two
(2) inch in diameter.
Need More Information? If you have questions, please call George Murdoch, Utilities Director, at the following number:
(949) 644 -3011 or send an email at gmurdochCcDnewportbeachca qov
A :t
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 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):
November 13, 2010
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Executed on November 18, 2010
at Costa Mesa, California
Signaticife
Proposedcmyx�nhyqSt or MwOmp
Notice of Pill i4[�hlae[thowdo
)TIC[ IS H[g[OY 0 M that on Taeallay,
nernba, 23, 2010, at 740 P.m., a public
anng wilt be conducted in the City Counci
ambers (Budding A) at 3300 Newport Houle
,C. Newport Beach, CA 92"3.
a will be a public heating before the Newporl
ach City Council to allow public testimony
it discussion of The proposed sewar rata
arges described wdhm this notice The Cot)
until will take written and oral comments
It evening, and it will also consider all wnilen
otests against the proposed charges, deter
nor it a majority protest exists, and Consider
rolubons to adopt the water rate charges
nor fo file a Wrinew Protest
itten protests must be filed with the City of
wport Beach City Clerk. Written protests may
hand delivered of mailed to the City Clark
3300 Newport Boulevard. Newport Beach,
btornu 92663. To be valid, written protests
ist stale oppoution to the otoposed water
'.e increase, identity the parcel (by assessor's
reel number, or street address), and Include
i original signature of the record water
'vice customer or parcel owner Written
,tests may be submitted up to the conclusion
the public testimony at the November 23,
10publm heatingg
syesed Sewer Roles
e proposed sewer rates for property owners
thin the Canyon Fairway Community are the
Me as all Customers reeening stwpr services
on the City of Newport Beach with the
ception of customers receiving "wear Winces
It are wef receiving water service from the
Ill of Newport Beach (see Municipal Code Title
. section 14 24.065 (B) The in schedule 1
follows
Sewer Consumption Charge: Thirty five cents
7.35) per water billing unit (100 cubic feel
water or 748 gallons delivered to the
stomers connected to the public water sys
Sewer Use Charge. Four doters and fifty cents
4.50) per month
Supplemental Sewer Use Craftier A sup'
,mental eewer use charge of two dollare
200) is chatted for each additional living
Ft. An additional living unit is a dwelling unit
permanent resodenbal use. 'Addrbonaf I
,re than one connected to the same sewer
inaction Most units in Canyon Fauway de
J fall Into this category
Wastewater surcharge A monthly surcharge
Into dollars (510.00) will be charged for sewer
nnecbons where the water connections are
excess of two (2) Inch in diameter Water
tiers m excess of two (2) Inches used for
e or orrigabon are exempt Most resrdentia
Ones in Canyon Fauway have meters under
o (2) mches m diameter
sea Mitre Yoram olon? If You have Questions
!aye call George Murdoch, Ge-erat Manager
the following number (949) 643011 or sent
email at tfreewded @nwysrlbead <a.�ev
Peach /Cost Mesa