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Home My WebLink About03 - Summary Vacation of Existing Sewer Easement at 729, 731 and 735 Saint James Road, and 730 and 734 Saint James PlacePO CITY OF z NEWPORT BEACH Cq G�p� P City Council Staff Report October 27, 2015 Agenda Item No. 3 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Dave A. Webb, Public Works Director - 949-644-3311, dwebb@newportbeachca.gov PREPARED BY: Frank T. Tran, PE, Associate Civil Engineer PHONE: 949-644-3340 TITLE: Summary Vacation of Existing Sewer Easement at 729, 731 and 735 Saint James Road, and 730 and 734 Saint James Place ABSTRACT: The property owners of 729, 731 and 735 Saint James Road, and 730 and 734 Saint James Place (Owners) are requesting that the City summarily vacate an existing 10 -foot wide sewer easement within the properties at 729, 731 and 735 Saint James Road, and 730 and 734 Saint James Place. RECOMMENDATION: a) Adopt Resolution No. 2015-83, A Resolution of the City Council of the City of Newport Beach, California, Declaring City's Vacation of an Existing 10 Foot Wide Sewer Easement Crossing Lots 15, 16, 17, 18, and 19 of Tract No. 1218; 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: In 1947, an 8 -inch sewer main was installed within a 10 -foot wide City easement located in about the middle of the Mesa slope as part of the Cliff Haven (Tract 1218) improvement project. Due to the lack of access that created a maintenance challenge for the City, with the cooperation of said property owners, a portion of this 8 -inch sewer Summary Vacation of Existing Sewer Easement at 729, 731 and 735 Saint James Road, and 730 and 734 Saint James Place October 27, 2015 Page 2 main was relocated last year as part of a Capital Improvement Program project (Contract No. 4910). The existing 8 -inch sewer main was abandoned in place and a new 8 -inch sewer main was constructed along the toe of the Mesa slope of the properties at 729, 731 and 735 Saint James Road, and 730 and 734 Saint James Place as shown in Attachment A. A new 15 -feet wide sewer easement was also established along the new sewer alignment. The Owners are now requesting the City to summarily vacate the 10 -foot wide sewer easement across their properties that is no longer needed. 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 existing 10' 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; or (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 easements to be summarily vacated satisfy 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. 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: Attachment A — Area Map Attachment B — Meet and Bounds Instrument of Easement to be Vacated Attachment C — Resolution 3-2 O M ATTACHMENT A 15 -FF SEWER EASEMENT \ -745- 21-FT SEWER \ EASEMENT 15 \ 16 ST. 10-Ff WIDESEWER \ SEMENTTO BE VACATED \ 14 17 \ 13 -731- �2°✓ X25' X21 � .w11FSROP w 0 tiv W DEED RECORDED IN BOOK O.R. 3237 (TRACT NO. 1218) CLIFF DRIVE AREA MAP 729, 731, 735 SAINT JAMES ROAD AND 730, 734 SAINT JAMES PLACE O� sa �u CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-4910 10/27/15 I 3-3 N 'o SPAN ATTACHMENT E 15 -FT SEWER EASEMENT -745- 21 -FT 745- 21-FT SEWER I------ - - - -- � � EASEMENT � E 15\ 16 E ST. 10 -FT WIDE SEWER SEMENT TO BE VACATED -731- 129' w w� ® LOT NUMBER 0440 -###- ADDRESS vQ' 44VV 20 CITY OF NEWPORT BEACH DEED RECORDED IN BOOK MAP OF EASEMENT TO BE VACATED PUBLIC WORKS DEPARTMENT ° O.R. 3237 (TRACT NO. 1218) 729, 731, 735 SAINT JAMES ROAD AND 730, 734 SAINT JAMES PLACE C-4910 10/27/15 3-4 ATTACHMENT C 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 DECLARING CITY'S VACATION OF AN EXISTING 10 -FOOT WIDE SEWER EASEMENT CROSSING LOTS 15, 16, 17, 18, AND 19 OF TRACT NO 1218; 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 summarily vacate a public service easement when 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; or 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; and WHEREAS, the City Council of the City of Newport Beach has received and considered the various elements of the General Plan of the City of Newport Beach prior to declaring its intent to vacate the easement on these properties and has determined that the proposed summary vacation is consistent with the General plan; and 3-5 and WHEREAS, the easement is unnecessary for present or future sewer purposes; WHEREAS, there are no public facilities within the sewer easement being summarily vacated; and WHEREAS, the summarily vacated sewer easement is unnecessary for future sewer line purposes as the sewer main was relocated along the property's northwesterly property line. There are no other sewer facilities within said easement. 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 northwesterly 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" as attached hereto and incorporated herein, shall be summarily vacated and no longer constitute public sewer easement. Adopted this day of , 2015. ATTEST: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation go Edward D. Selich Mayor For the City of Newport Beach 3-6 EXHIBIT "A" SEWER EASEMENT SUMMARY VACATION LEGAL DESCRIPTIONS Those certain easements over and across Lots 15, 16, 17, 18, and 19 of Tract No. 1218 per map filed in Book 37, Pages 47-49 of Miscellaneous Maps in the Office of the Recorder of the County of Orange, State of California, as described in deeds to the City of Newport Beach recorded in Book 3216, Pages 584-586; Book 3237, Pages 336-340, 509, 521, 522, A 10 -foot wide sewer easement granted to the City of Newport Beach, California, by Tract Map No. 1218 recorded in Book 39, Pages 47 through 49, of Official Record of Orange County, described in said Tract Map as: Being over a portion of Lots 15, 16, 17, 18, and 19 of Tract No. 1218 per map filed in Book 37, Pages 47-49 of Miscellaneous Maps in the Office of the Recorder of the County of Orange, State of California, and being ten feet in width, five feet (5') on each side of the following described center lines; Lot 15- Beginning at a point in the westerly line of said Lot 15, said point being northwesterly of and distant 90.00 feet from the most southerly corner of said Lot 15; thence in a straight line to a point in the easterly line of said Lot 15, said point being northeasterly of and distant 79.00 feet from the southeasterly corner of said Lot15. Lot 16- Beginning at a point in the westerly line of Lot 16, said point being northeasterly of and distant 79.00 feet from the most southerly corner of said Lot 16; thence in a straight line to a point in the easterly line of said Lot 16, said point being northeasterly of and distant 64.00 feet from the southeasterly corner of said Lot 16. Lot 17- Beginning at a point in the northwesterly line of said Lot 17, said point being northeasterly of and distant 64.00 feet from the most westerly corner of said Lot 17; thence in a straight line to a point in the southeasterly line of said Lot 17, said point being northeasterly of and distant 107.00 feet from the most southerly corner of said Lot17. Lot 18- Beginning at a point being north 520 10' 20" east and distant 107.00 feet from the most westerly corner of said Lot 18, thence south 690 24' 40" east, a distance of 80.00 feet to an angle point; thence in a straight line from said angle point to a point in the southerly line of said Lot 18, said point being northeasterly of and distant 154.00 feet from the most southerly corner of said Lot 18. Lot 19- Beginning at a point in the northerly line of said Lot 19, said point being Rte, northeasterly of and distant 154.00 feet from the northwesterly corner of said �a� PLL id Lot 19; thence in a straight line to a point in the southerly line of said Lot 19, N�yG9 id point being southeasterly of and distant 120.00 feet from the most westerly rner of said Lot19. No. 7914 Exp. 12-31- 3-7 8 A STRIP OF LAND 10 FEET IN WIDTH OF LOTS 15 - 19 OF TRACT 1218 AS SHOWN ON THE MAP RECORDED IN BOOK 37, PAGES 47 THROUGH 49 OF MISCELLANEOUS 15 -FT SEWER a EASEMENT MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. \ \ -745- ------ _ \ 21 -FT SEWER o — — — — — — — — — — — — — �\\ EASEMENT W \ \ m 15\ 16 E ST. 10 -FT WIDE SEWER \ SEMENT TO BE VACATED \ \ \ 'a -731- �2g" yds 18 12� 4 �,5- Fz0 Pp �S LOT NUMBER 20 —###— ADDRESS 4!1 U / F 3 O3 O ' L O O NA� N�cS' z No. 7914 9 Exp.12,3i41D � a SOF CA1.1F0�� N.T.S. a XHIBIT B 3-8