HomeMy WebLinkAbout05 - Summary Vacation - Existing Sewer Easement at 1721 Kings RoadTO:
FROM
CITY OF
NEWPORT BEACH
City Council Staff Report
October 23, 2018
Agenda Item No. 5
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Rodi Almendralo, Civil Engineer
(ralmend ralo(c-)-newportbeachca.gov)
PHONE: 949-644-3334
TITLE: Summary Vacation - Existing Sewer Easement at 1721 Kings Road
ABSTRACT:
The property owners of 1721 Kings Road (Owners) are requesting that the City summarily
vacate an existing 10 -foot wide sewer easement (Easement) within the property at
1721 Kings Road.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
b) Adopt Resolution No. 2018-75, A Resolution of the City Council of the City of Newport
Beach, California, Ordering the Summary Vacation of an Existing 10 Foot Wide Sewer
Easement at 1721 Kings Road (Lot 9 of Tract 1221) and Directing the City Clerk to
Record Same with the County Recorder's Office;
c) Direct staff to process the summary vacation of said easement; and
d) 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:
A new home construction project is being proposed at 1721 Kings Road. There is an
existing 10 -foot wide City sewer easement that crosses the property, which the Owners
are requesting the City to summarily vacate. The City does not have an active City sewer
main within this existing sewer easement. The original sewer main constructed in 1956
has been abandoned -in-place in 1997 by City crews.
5-1
Summary Vacation — Existing Sewer Easement at 1721 Kings Road
October 23, 2018
Page 2
Due to the condition of the pipe and its limited service value, the sewer main was
relocated to the property's southerly corner and tied to the cleanout located at 1711 Kings
Road. An existing sewer lateral that serves the property remains within this easement.
Staff recommends vacating this easement except the easterly 5 -feet so the City can
maintain the sewer lateral.
According to City records and the Wastewater Master Plan, and with the concurrence of
the Utilities Department, there are no other active City utilities nor are there future plans
to build within said 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; (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 easement to be summarily vacated satisfies 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. Staff recommends the vacation of the portion of the
easement that is no longer needed.
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 — Map of Easement to be Vacated
Attachment C — Resolution No. 2018-75
5-2
►I
"°00
o'
+� r
k4cs RD
❑
O
Kings co
Road Park
J
ATTACHMENT A
t
z
CLT�R
7
rgr7
/
I
1901
a
_
n
►I
"°00
o'
+� r
k4cs RD
❑
O
Kings co
Road Park
J
ATTACHMENT A
t
CLT�R
pR
a
'1Q
Q��
co
^
^ h
^
-- ----_1
.O
� a
I
co
.►
o
e�
N
cogsTH
WrW
1721 KINGS ROAD
AREA MAP
L Dor02706
or, , os
a
/r
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
OCTOBER 23, 2018
5-3
7l —
c
T
1801
Kings
Road
Park
ATTACHMENT B
1720 17ia
1800
ICINGS RD
1721
1711
1701
1 �
iEds .
,N
I
CITY OF NEWPORT BEACH
1721 KINGS ROAD PUBLIC WORKS DEPARTMENT
EASEMENT TO BE VACATED OCTOBER 23, 2018
5-4
ATTACHMENT C
RESOLUTION NO. 2018- 78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, ORDERING THE
SUMMARY VACATION OF AN EXISTING 10 FOOT WIDE
SEWER EASEMENT AT 1721 KINGS ROAD (LOT 9 OF
TRACT 1221) 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;
WHEREAS, the City Council of the City of Newport Beach has received a request
from the property owner of 1721 Kings Road ("Property") to summarily vacate a ten (10)
foot public sewer easement legally described in Exhibit "A" and shown in Exhibit "B"
("Easement");
WHEREAS, there are no public facilities within the portion of the Easement being
summarily vacated;
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 summarily vacate the Easement on this property and has
determined that the proposed summary vacation is consistent with the General Plan; and
WHEREAS, the Easement is unnecessary for future sewer line purposes as the
sewer main was relocated along the Property's southerly property line and there are no
other sewer facilities within said Easement.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby vacate the Easement, as legally
described in Exhibit "A," and depicted on the map attached as Exhibit "B," based on the
evidence submitted, that the Easement has been superseded by the relocation of existing
sewer main to the Property's southerly property line and that there are no other public
facilities located within the Easement.
5-5
Resolution No. 2018 -
Page 2 of 2
Section 2: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 3: If any section, subsection, sentence, clause or phrase of this resolution
is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this resolution. The City Council
hereby declares that it would have passed this resolution, and each section, subsection,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 4: The City Council finds the adoption of this resolution 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.
Section 5: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this day of October, 2018.
Marshall "Duffy" Duffield
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
QAV.t-., 11��-
Rc- Aaron C. Harp
City Attorney
Attachment(s): Exhibit A — Legal Description for Sewer Easement Vacation
Exhibit B — Map of Sewer Easement Vacation
5-6
EXHIBIT "A"
LEGAL DESCRIPTION
SEWER EASEMENT VACATION
Being that portion of the 10.00 foot easement as shown in the Resolution of Acceptance
recorded October 7, 1955 in Book 3237, Page 398 of Official Records, Lying within Lot
10 of Tract 1221 in the City of Newport Beach, County of Orange, State of California, as
shown on the map filed in Book 41, Page 11 of Miscellaneous Maps in the Office of The
County Recorder of said County, more particularly described as follows:
Being 10.00 feet in width, five feet (5.00') on each side of the following described center
line:
Beginning at a point in the southeasterly line of said Lot 10, said point being southwesterly
of and distant 95.00 feet from the northeasterly corner of said Lot 10: thence south
80°03'10" west, a distance of 30.00 feet; thence north 65056'50" west, a distance of 41.00
feet to an angle point; thence in a straight line to a point in the northwesterly line of said
Lot 10, said point being southwesterly of and distant 73.00 feet from the northwesterly
corner of said Lot 10.
Excepting therefrom the easterly 5.00 feet of said 10.00 foot easement as measured
along said center line.
As shown on Exhibit "B" attached hereto and made a part hereof.
5-7
CURVE TABLE
LINE TABLE
LINE
CURVE DELTA RADIUS
LENGTH
9°34' 370'
Cl
C2
1 °32' 190'
5.08'
L3
S80°08'10"W
5'
L4
S80°08'10"W
25'
L5
N65°56'50'W
41'
L6
N88 -19-5M
9.41'
LOT 11
95'
Q
033'1 °W
Q
LOT 10 L3
L4 164.22
0
TRACT1221
10'EASEMENT
TO BE VACATED
Z
L5
J
C2 L6
S1040'10"W
73'
i i
LOT 9 ;
I
SCALE 1"=50'
CITY OF NEWPORT BEACH DEPARTMENT OF PUBLIC WORKS
EXHIBIT B
SKETCH FOR SEWER EASEMENT VACATION
DATE: 10/22/18
LINE TABLE
LINE
BEARING
DISTANCE
9°34' 370'
61.78'
C2
1 °32' 190'
5.08'
LINE TABLE
LINE
BEARING
DISTANCE
L9
S81°33'W
18.65'
L2
N69°07'30"W
75'
L3
S80°08'10"W
5'
L4
S80°08'10"W
25'
L5
N65°56'50'W
41'
L6
N88 -19-5M
9.41'