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Home My WebLink About04 - Summary Vacation of Existing Public Utilities Easement at 628 Malabar DriveQ �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report May 11, 2021 Agenda Item No. 4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Rodi Almendralo, Civil Engineer, ralmendralo@newportbeachca.gov PHONE: 949-644-3334 TITLE: Resolution No. 2021-38: Summary Vacation of Existing Public Utilities Easement at 628 Malabar Drive ABSTRACT: The property owner of 628 Malabar Drive is requesting that the City of Newport Beach (City) summarily vacate an existing public utilities easement running across the property. 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. 2021-38, A Resolution of the City Council of the City of Newport Beach, California, Declaring the City's Summary Vacation of an Existing Ten (10) Foot Wide Public Utilities Easement Within a Portion of Lot 93 of Tract No. 1701 at 628 Malabar Drive 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. DISCUSSION: As a part of the redevelopment of the property located at 628 Malabar Drive, the owner is requesting that the City summarily vacate an existing public utilities easement within the property. (The letter is included as Attachment C.) The easement vacation will allow for the owner to fully redevelop the property into a new, single-family residential home. In 1953, Tract Map Number 1701 created a 10 -foot -wide public utilities easement as a part of the subdivision. It is assumed that the purpose of the public utilities easement was for an overhead utilities system to serve the properties within the tract. The public utilities system in this tract is currently located underground within the existing public rights-of- way. The same easement was vacated on May 12, 2020, for the adjacent property at 700 Malabar. 4-1 Resolution No. 2021-38: Summary Vacation of Existing Public Utilities Easement at 628 Malabar Drive May 11, 2021 Page 2 Pursuant to California Streets and Highway Code Section 8333, the City Council may 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 with the easement. Staff recommends that the public utilities easement be summarily vacated as it satisfies the condition of the California Streets and Highway Code since the said easement does not have any public facilities within it. All public utilities facilities are located within the existing public rights-of-way. The existing easement to be summarily vacated is shown in Attachment B. FISCAL IMPACT: There is no fiscal impact related to this item. 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 —Resolution No. 2021-38 Attachment B —Area Map Attachment C — Owner Letter 4-2 ATTACHMENT A RESOLUTION NO. 2021- 38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DECLARING THE CITY'S SUMMARY VACATION OF AN EXISTING TEN (10) FOOT WIDE PUBLIC UTILITIES EASEMENT WITHIN A PORTION OF LOT 93 OF TRACT NO. 1701 AT 628 MALABAR DRIVE AND DIRECTING THE CITY CLERK TO RECORD SAME WITH THE COUNTY RECORDER'S OFFICE WHEREAS, the City Council of the City of Newport Beach ("City"), pursuant to the provisions of Section 8300 et seq. of the Streets and Highways Code (the Public Streets, Highways and Service Easements Vacation Law), is authorized to vacate public service easements, WHEREAS, the City Council, pursuant to Section 8333 of the Streets and Highways Code 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; WHEREAS, the City Council received a request from the property owner of 628 Malabar Drive ("Property") to abandon the portion of the City's public utilities easement within the Property, as described in Attachment "A" and depicted on Attachment "B", both of which are attached hereto and incorporated herein for reference ("Easement"), WHEREAS, the Easement is unnecessary for present or future public utilities purposes; WHEREAS, there are no public facilities within the Easement; WHEREAS, the City Council has reviewed and considered the various elements of the General Plan of the City prior to declaring its intent to vacate the Easement and has determined that the proposed vacation is consistent with the General Plan; and WHEREAS, the City Council desires to summarily vacate the Easement pursuant to the provisions of the Public Streets, Highways, and Service Easements Vacation Law. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby summarily vacate and abandon the portion of the Easement within the Property, legally described in Attachment "A" and depicted on the map attached as Attachment "B", both of which are attached hereto and 4-3 Resolution No. 2021 - Page 2 of 3 incorporated herein for reference, based on the evidence submitted. After the date this resolution is recorded, the Easement will no longer constitute a public service easement. Section 2: The City Clerk is hereby directed to have this resolution recorded by the Orange County Recorder. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 4: 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 5: 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, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Resolution No. 2021 - Page 3 of 3 Section 6: 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 11th day of May, 2021. Brad Avery Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney Attachments: Attachment A -- Legal Description of Vacated Public Utilities Easement Attachment B — Map of Vacated Public Utilities Easement 4-5 BEING THAT PORTION OF THE EASEMENT FOR PUBLIC UTILITIES LYING WITHIN LOT 93, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON TRACT NO. 1701, FILED IN BOOK 52, PAGES 9 AND 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE MOST EASTERLY CORNER OF LOT 92 OF SAID TRACT NO. 1701, SAID EASTERLY CORNER BEING A POINT ON A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 160.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 31020'35' WEST; THENCE WESTERLY ALONG SAID CURVE AND THE SOUTHERLY LINE OF SAID LOT 92, AN ARC DISTANCE OF 31.64 FEET THROUGH A CENTRAL ANGLE OF 11019'49" TO THE BEGINNING OF A REVERSE CURVE HAVING A RADIUS OF 20.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 42°40'24" WEST; THENCE WESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 29.19 FEET THROUGH A CENTRAL ANGLE OF 83037'14" TO THE WESTERLY LINE OF SAID LOT 92; THENCE ALONG SAID WESTERLY LINE, NORTH 49003'10" WEST 92.12 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 271.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 10.00 FEET THROUGH A CENTRAL ANGLE OF 02006'53" TO A POINT ON A LINE 10.00 FEET SOUTHERLY OF AND PARALLEL WITH SAID WESTERLY LINE, A RADIAL LINE TO SAID POINT BEARS NORTH 51°10'03" WEST; THENCE ALONG SAID PARALLEL LINE, SOUTH 49003'10" EAST 91.93 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 30.00 FEET; THENCE EASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 43.78 FEET THROUGH A CENTRAL ANGLE OF 83037'14" TO THE BEGINNING OF A REVERSE CURVE HAVING A RADIUS OF 150.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 42040'24" WEST; THENCE WESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 29.66 FEET THROUGH A CENTRAL ANGLE OF 11019'49" TO A POINT ON THE SOUTHEASTERLY PROLONGATION OF THE NORTHEASTERLY LINE OF SAID LOT 92; THENCE ALONG SAID PROLONGATION, NORTH 31°20'35' WEST 10.00 FEET TO THE POINT OF BEGINNING. CONTAINS: 1,592 SQ. FT. PREPARED BY ME OR UNDER MY DIRECTION. J A. WALDEN, P.LS. 7914 DATE VADEN & SOCiATES CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS 2552 WHITE ROAD, SUITE B • IRVINE, CA 42614-6236 (444) 660-0110 FAX: 660-0418 ATTACHMENT "A" LEGAL DESCRIPTION VACATION OF EASEMENT FOR PUBLIC UTILITIES 628 MALABAR DRIVE, NEWPORT BEACH, CALIFORNIA APN: 050-293-11 W.O. No. 2032-369-002 Date 02/02/2021 Engr. B.J.W. Chk'd. J.W. Sheet 1 of 1 CURVE TABLE CURVE DELTA RADIUS LENGTH C7 6°22'24" 271.00' 30.14' C8 2006'53" 271.00' 10.00' C9 17°42'35' 271.00' 83.76' C10 11°19'49" 150.00' 29.66' C 11 83037"14!' 30.00' 43.78' C12 83037'14' 20.00' 29.19' C13 11019'49" 160.00' 31.64' Luu ®AREA OF EASEMENT TO BE VACATED 40 20 0 40 SCALE IN FEED 1 INCH = 40 FEET FOR VASSOCIATES LDEN & ATTACHMENT "B" SKETCH TO ACCOMPANY LEGAL DESCRIPTION VACATION OF EASEMENT FOR PUBLIC UTILITfES 628 MALABAR DRIVE, NEWPORT BEACH, CALIFORNIA CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS APN: 050-293-11 2552 WRITE ROAD, SUITE B - IRVINE, CA 92614-6236 W.D. No. 2032-369-002 Date 02/02/2021 (949) 660-0110 FAX: 660-04I8 Engr. B.J.W. CWd, J.W. Sheet 1 of 1 4-7 Parcel Name: PUE P.O.B.: North: 4,757.463' CURVE: Delta: 11' 19'49" Tangent: 14.88' Course In: S 31 °20'35" E RP North: 4,629.353' End North: 4,739.637' CURVE: Delta: 83° 37'14" Tangent: 26.83' Course In: N 42°40'24" W RP North: 4,761.694' End North: 4,739.035' LINE: : Course: N 49°03'10" W North: 4,799.282' CURVE: Delta: 02° 06'53" Tangent: 5.00' Course In: S 51'10'03" E RP North: 4,629.353' End North: 4,806.957' LINE: : Course: S 49°03'10" E North: 4,746.591' CURVE: Delta: 83° 37' 14" Tangent: 17.89' Course In: N 40°56'50" E RP North: 4,761.697' End North: 4,746.993' CURVE: Delta: 11* 19'49" Tangent: 15.87' 628 MALABAR DR. PUE VACATION East: 5,581.357' Radius: 150.00' Chord: 29.61' Course Out: N 42°40'24" W East: 5,659.381' East: 5,557.708' Radius: 30.00' Chord: 40.00' Course Out: S 40056'50" W East: 5,537.374' East: 5,517.713' Length: 91.93' East: 5,448.277' Radius: 271.00' Chord: 10.00' Course Out: N 49°03'10" W East: 5,659.381' East: 5,454.691' Length: 92.12' East: 5,524.263' Radius: 20.00' Chord: 26.67' Course Out: S 42040'24" E East: 5,537.370' East: 5,550.927' Radius: 160.00' Chord: 31.59' Length: 29.66' Course: S 52°59'30" W Length: 43.78' Course: S 89008'13" W Length: 10.00' Course: N 39°53'24" E Length: 29.19' Course: N 89008'13" E Length: 31.64' Course: N 52059'30" E Course In: S 42040'24" E RP North: 4,629.356' End North: 4,766.007' LINE: : Course: S 31020'35" E North: 4,757.466' Perimeter: 338.32' Error Closure: 0.0050 Error North : 0.0030 Precision 1: 67,662.00 Course Out: N 31 °20'35" W East: 5,659.377' East: 5,576.152' Length: 10.00' East: 5,581.353' Area: 1,592 Sq.Ft. Course: N 48°39'16" W East: -0.0034 0.037 Acres ATTACHMENT 6 s,9^, Cry 10 -FT WIDE UTILITIES EASEMEN An 10 -FT WIDE UTI LITI E�,EASEM ENT, --- 61 ! PSP CSS EXIST. 10 -FT WIDE UTILITIES EASEMENT TO BE VACATED AT 628 MALABARR 00000, '00/ '00, � 00000' 0000 1-001* i 10 -FT WIDE UTILITIES EASEMENT - -i 15-FTSTORM DRAIN EASEMENT N 8 -FT SOUTHERN CALIFORNIA EDISON EASEMENT ATTACHMENT 6 I ATTACHMENT C April 26th, 2021 Dear City of Newport Beach, Please accept this request to vacate the existing Public Utilities Easement on our property at 628 Malabar Drive. We have received approval from AT&T and Spectrum Cable regarding the abandonment of this easement. We've worked with the SCE to relocate such lines in order to abandon the Easement. Let me know if you have any questions or concerns, thanks! Best, Cooper & Nikki Gwaltney 628 Malabar Dr. Corona Del Mar, CA 92625 (949) 244 5663 4-11