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Home My WebLink About08-11-1975 Item #D-1'N -a --P U J TD , B Q GPP eti, -Z. August August 11, 1975 CITY COUNCIL AGENDA ITEM NO. D-1 TO: CITY COUNCIL FROM: Public Works Department SUBJECT: REQUEST TO VACATE AND ABANDON THE WALKWAY PORTION OF AN EXISTING PUBLIC WALKWAY AND STORM DRAIN EASEMENT IN LOT 27 OF TRACT NO. 3660 LOCATION: SOUTHEASTERLY CORNER OF SETTING SUN DRIVE AND SANDPIPER DRIVE (See attached drawing) HY COUNCIL RECOMMENDATIONS: DATE AUG 1 1 197 1. Hold public hearing; close hearing. 2. If desired, (a) adopt a resolution ordering the vacation and abandonment of the public walkway interest in an existin public walkway and storm drain easement, and (b� direct the City Clerk to have the resolution recorded by the Orange County Recorder. DISCUSSION: In a letter dated May 20, 1975, the Harbor View Hills Community Association requested that the City vacate and abandon the "walkway portion" of an existing ten -foot wide walkway and storm drain easement along the northeasterly edge of Lot 27, Tract No. 3660 (copy of letter attached). This easement was offered for dedication to the public and accepted by the City on the final tract map which was recorded on April 13, 1961. The walkway interest was included with the necessary storm drain easement in anticipation of the Grant Howald Park being moved or extended northerly along the Jasmine Creek canyon. The walkway would have provided access to the proposed public park from the adjacent residential area. A storm drainage pipe was constructed and is functioning through the easement. Since 1961, a number of events have occurred which seem to elim- inate any requirement for retaining the "walkway portion" of the easement. Harbor View Dam was constructed with a street crossing over it to connect to Marguerite Avenue. The dam is designed to create a flood control retard- ing basin on its upstream side. The steepness of the canyon sides combined with the retarding basin function make it unlikely that the area will be developed as a park. The Jasmine Creek Planned Community borders the remainder of the retarding basin cutting off access to the area by the general public. It appears at this point that the area to which the walkway ease- ment provides access will not be used for recreational purposes open to the August 11, 1975 Subject: Request to Vacate and Abandon the Walkway Portion of an Existing Public Walkway and Storm Drain Easement in Lot 27 of Tract No. 3660 Page 2 general public. Therefore, the request to vacate and abandon the public walk- way interest in the existing easement is reasonable in this situation. The recommended actions outlined above will conclude the vacation and abandonment proceedings which were started with the adoption of Resolution Nos. 8540 and 8541 at the City Council meeting on July 14, 1975. The proposed vacation has been reviewed by both Parks, Beaches, and Recreation Department and Community Development Department. They have no objections to the vacation of the walkway easement. seph T� Pevlin blic Wo s Director PP:hh Attachments HARBOR VIEW HILLS COMMUNITY ASSOCIATION CORONA DEL MAR, CALIFORNIA Mr. Joseph T. Devlin, Director of Public t7orks, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California. 92660 May 20tk,, 1975 '_B 54, k \_1 M -,r, Calif. REcr rr Ej v PUBLIC w+�xs —{ ct, y of `AL?; SUBJECT: Request that t �a,;�ty 1tac� a walkway portion of an eas 2�T, f 007 Setting Sun Drive, Corona del Mar, California. Dear Mr. n evl in : Tract No. 3660, M.M. 144/99 10, 11 (copy attached) shows a 11 10' foot 11alkway and Storm Drain Easement" across the northeasterly edge of lot No. 27i the residence of lessees, Mr. and Mrs. Elmer Wilke, 3007 Setting Sun Drive, Corona del Mar, (P=done 640-4786). The lot is located on the northwest rim of Jasmine Creek Canyon, north of the dam on Harbor View Drive. The Irvine Co., owner of the land, subject to the ease- ment dedicated to the city, has informed us that the Company does not desire access there, that the ease�.ient has never been open to the public; that it would be hazardous if opened, and that the Company has no ob- jection to the city vacatin the walkway portion of the easement. Based upon our discussion with you and your staff, it is understood that the portion of the easement for a walkway was ob- tained as a potential access when there was a possibility of the Grant liowzild Park beint; T:,oved northward. Now it appears the high Harbor View Dam, Jasmine Creek development and the very steep canyon walls make this a small box canyon inappropriate for such use. Under the circumstances summarized above, it is requested that the city vacate the walkway portion of the easement. The ease- ment would then be the same as others in the area; the lessees(Wilkes) HARBOR VIEW HILLS COMMUNITY ASSOCIATION CORONA DEL MAR, CALIFORNIA (2) would landscape the area and be relieved of one source of concern, but realiain;; that the city wo;old, of course, have to corse in as rer_tiired by the un6er round storm drain. Very truly yours, For the Board of Directors cc: E. '4ilke ' E, Coutchie, The Irvine Co., N. Moore, Exec. o'ecj,. Att : Tract ido. 3000 A;.1% 144/ 9, 10,11 TRACT NO. � _ 00 M. M. 144 / 9)10111 Orange County Title Companv Form H06 THIS MAP IS FOR INFORMATION ONLY AND IS NOT A PART OF THIS TITLE EVIDENCE ..L4SM/NE � \AOR• I � •�GANNEO Q cR0►�vN � FBBrioE m pLr� b �/NG SUN D� � z � m H � CRPEElK COMMON/ o.cF.C. REr4R,o BAS/N wIRBOR d DSA BEG OW x v SNE 0� � nnnnn��p��nnnnnn� �nnnnngnnn 3E JV4CA7jE;O ANO .4BAN00/1,l-D CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT VACATION AND ABANDONMENT OF THE PUBLIC WALKWAY INTEREST IN AN EXI S TING WALKWAY A STORM DRAIN ESM It r DRAWN A1.Err*-R DATE PUBLIC WORKS DIREC 0 R.E. N0. 3 DRAWING NO. NOTICE OF PROPOSED VACATION, CLOSING UP AND ABANDONMENT OF A PUBLIC WALKWAY EASEMENT NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach did, on July 14, 1975, pass a Resolution of Intention No. 8541 to vacate, close up and abandon a public walkway easement; said walkway easement proposed to be closed up, vacated and abandoned is legally described as follows: A strip of land being a portion of Lot 27, Tract 3660, as shown on a map recorded in Book 144, pages 9 through 11 of Miscellaneous Maps in the office of the County Recorder, County of Orange, State of California, said strip being the most Northeasterly 10.00 feet, of said lot, measured at right angles from the Northeasterly line thereof. The Southwesterly line of said strip being prolonged or shortened to terminate in the Northwesterly and Southeasterly lines of said Lot 27. Reference is hereby made to a map showing the walkway easement to be abandoned for particulars and details. Said map is on file in the office of the City Clerk of the City of Newport Beach. NOTICE IS FURTHER GIVEN HEREBY that the City Council of the City of Newport Beach has set Monday, the 11th day of August, 1975, at the hour of 7:30 P.M. as the time, and the Council Chambers of the City Council of the City of Newport Beach as the place for the hearing of all persons interested in or objecting to the proposed vacation of said walkway easement, and the said City Council at the same time and place will hear the evidence offered by any person interested in the vacation of said walkway easement heretofore rlacrri hart LEGAL NOTICE LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach did, on July, 14, 1975, pass a Resolution of Intention No. 8541 to vacate, close up and abandon a public walkway easement; said walkway easement proposed to be closed up, vacated and abandoned is legally de- scribed as follows: A strip of land being a, portion of Lot 27, Tract 3660, as shown on a map recorded 'in Book 144, pages 9 through 11 of Miscel- laneous Maps in the office of the County Recorder, County of Orange, State of. California, said strip being the most Northeasterly 10.0'0 feet, of said lot, measured at right angles from the Northeasterly line thereof, The Southwesterly line of said strip being prolonged or shortened to terminate in the:. Northwesterly and Southeasterly lines of said Lot 27. Reference is hereby made to a map showing the walk- way easement to be abandoned; for, particulars and details. Said map is on file in the office of the City Clerk of the City of New- port Beach. NOTICE IS FURTHER GIVEN HEREBY that the City Council of the City of New- port Beach has set Monday, the 11th day of August, 1975, at the hour -of 7-30 P.M. as the time, ,and the Coun- cil Chambers of the City Council of the City of New, port Beach as the place fol the. hearing of all persons, interested: An. or objecting to the'the proposed vaca- tion of said walkway ease- ment, and -the said City Coun. cil at the same time and place will hear the evidence offered by any person _ u, terested in the vacation (: said walkway easemel, heretofore described. Dated July 17, 1975. loris George ,.Deputy City Clerk of� the; City of Newport Beach Publish: July 24, 31, 1975, in the Newport Harbor Ensign.