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Home My WebLink About13 - Vacation of Easement 205 Carnation and 101 Baysideg ® CITY 01 NEWPORT BEACH City Council Staff Report Agenda Item No. 13 October 23, 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, Junior Civil Engineer APPROVED: &, K-/W TITLE: Vacation of Existing Sewer Easement at 205 Carnation Avenue and 101 Bayside Place ABSTRACT: Advanced Group 99 -D, the property owner of 205 Carnation Avenue, is requesting the vacation of the existing sewer easement within 205 Carnation Avenue and 101 Bayside Place in order to proceed with the development of the Aerie Project. RECOMMENDATIONS: 1. Conduct public hearing and close public hearing for the vacation of existing sewer easements. No. 2012 -93 2. If desired, (a) adopt a Resolution A ordering the vacation of existing sewer easement, (b) direct staff to process the vacation of said easement, 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: The Aerie Project, to be located at 201 -205, 207 Carnation Avenue, was approved with conditions under Resolution No. 2009 -52. Pursuant to the project's Condition No. 59: "The applicant's request to vacate the existing sewer /utilities easement shall be approved by the City Utilities Department prior to the issuance of a building permit or the recordation of the final tract map if the easement is I of 7 Vacation of Existing Sewer Easement at 205 Carnation Avenue and 101 Bayside Place October 23, 2012 Page 2 no longer needed. The existing private ingress /egress easement with the same width, length, and alignment as the existing sewer /utilities easement shall be vacated or permission from the beneficiaries of the private easement shall be documented prior to issuance of a building permit or the recordation of the final tract map." The property owner of 205 Carnation Avenue is requesting the vacation of the existing sewer easement within 205 Carnation Avenue and 101 Bayside Place. According to City's Utilities records and Wastewater Master Plan, there are no existing City utilities nor are there future plans to build within said easement. The existing sewer easement to be vacated is legally described in Exhibit "A" and shown in Exhibit "B" of the attached Resolution. PII307ILIriWILi1_lt•c7ATIl rAi 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 October 9, 2012. Submitted by: David A. Webb Public Works Director Attachments: A. Area Map B. Resolution 2 of w AREA MAP Attachment A 5 -foot wide sewer to be ]vacated tie Attachment A 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 EASEMENT AT 205 CARNATION AVENUE AND 101 BAYSIDE PLACE; AND DIRECTING THE CITY CLERK TO RECORD SAME WITH THE COUNTY RECORDER'S OFFICE WHEREAS, the City has an existing 5 -foot wide sewer easement at 205 Carnation Avenue and 101 Bayside Place; and WHEREAS, the City Council of the City of Newport Beach has received a request from Advanced Group 99 -D to vacate said easement pursuant to the project's Condition of Approval No. 59 of Resolution No. 2009 -52; and WHEREAS, the development of the approved Aerie Project will involve the abandonment of the existing 5 -foot sewer 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 Attachment IB 4of7 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 Carnation Avenue and Bayside 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. Adopted this 23rd day of October, 2012. ATTEST: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation Nancy Gardner Mayor for the City of Newport Beach 5 of EXHIBIT "A" LEGAL DESCRIPTION In the City of Newport Beach, County of Orange, State of California, being a portion of the easement described in the Orant of Easement recorded May 20, 1949 in Book 1846, Page 16 of Official Records in the office of. the County Recorder of said County, lying southwesterly of that certain course described in said deed as "North 50 °,19'30." West along the Southerly line of said' land. conveyed to Newell, 120 feet" and-southeasterly of the southwesterly prolongation of that certain courses described in said deed as "North 39 04030" East paratlei to the Northwesterly line of said Carnation Avenue, 270.60 feet ", lying within Block "D" of Corona del Mar as shown on a Map recorded in Book 3, Pages,41 and 42 of Miscellaneous Maps, in the office of said County Recorder. As shown on Exhibit" % attached.hereto and by- this reference made a part hereof. Robert L. Wheeler IV,rL.S.8639, Date: e�YZZLW —rz- Revised: September 13, 2012 August 29, 2012 WO No. 751 -5X Page 1 of 1 H &A1cgal;No. 7900 By: R. Wheeler Checked By: P. IIuddleston 6 of EXHIBIT "B" Sketch to Accompany Leal Desnipttion O INDICATES RECORD DATA PER BOOK 1846, PAGE 16 O.R. I INDICATES PORTION OF EASEMENT BEING QUITCLAIMED- ---- INDICATES PROPOSED TRACT NO. 16882 I. 1 I \ I m \ I o \ RECORDED MAY MENT 9 IN BOOK 1846, PAGE 16 O.R. a� °� ,•� wl, � � f � / "a^�°� \ \ Jac• ., �, � \ P PARCEL 1 \ B %.�P \ �- INS T. NO. os �F�COy 2009000 10 O.RfSSOb,�'ESo pgc�oaFd�„ 1 S s PROPOSED TR: 16882- PARCEL A INST. NO: 200800009.4383, O.R. GRANT OF. EASEMENT RECORDED MAY 20, 1949 IN BOOK 1846, PAGE '16 O.R. 0 00 \ \ �y o� Ht7NSAKER & ASSOCIATES I R V I. N E,- I N C. CITY EASEMENT QUITCLAIM PLANNING ENGINEERING - SURVEYING ThieeAughes • 1M ,-CA 926'10 PH* (949) 5034%p EXt (949)503U759 IN THE 'CITY .OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA DATE: 08/29/12 1 ore 09/28/12 ° R. WHEELER 's`,..° P. HUDDLESTON SCALE: V =60' W.O. 751 -5X I: \Aerie \LD \7900 — CITY \SHT01.dwg I H&A LEGAL No: 7900 ' SHEET 1 OF 71,f 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. In the City of Newport Beach, County of Orange, State of California being a portion of the easement described in the Grant of Easement recorded May 20, 1949 in Book 1846, Page 16 of Official Records in the office of the County Recorder of said County, lying southwesterly of that certain course described in said deed as "North 50 °19'30" West along the Southerly line of said land conveyed to Newell, 120 feet" and southeasterly of the southwesterly prolongation of that certain courses described in said deed as "North 39 °40'30" East parallel to the Northwesterly line of said Carnation Avenue, 270.60 feet ", lying within Block "D" of Corona del Mar as shown on a Map recorded in Book 3, Pages 41 and 42 of Miscellaneous maps, in the office of said County Recorder. NOTICE IS FURTHER GIVEN HEREBY that the City Council of the City of Newport Beach has set Tuesday, October 23, 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. DVU� . Leilani Brown City Clerk City of Newport Beach u c�l�coRt�T CITY CLERK'S 0FRCE AFRDAW OF POST NG On 0 c.�v CT' , 2012, 1 posted the Notice of Public Hearing regarding: Sewer Easements Newell and Carnation Date of City Council Public Hearing: October 23, 2012 4` r" 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): Tuesday, October 9, 2012 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on October 17, 2012 at Los Angeles, California Signature RECEIVED OCT 2 3 AM 10: 51 (; r; Cr Ti rnd "r all