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Home My WebLink About04 - Summary Vacation of a Portion of an Existing Storm Drain Easement at 23 Augusta Lane and 9 Greenbriar LaneQ �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report October 26, 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. 2021-100: Summary Vacation of a Portion of an Existing Storm Drain Easement at 23 Augusta Lane and 9 Greenbriar Lane ABSTRACT: The property owners of 23 Augusta Lane and 9 Greenbriar Lane are requesting that the City of Newport Beach (City) summarily vacate a portion of an existing storm drain easement running across the properties. 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. 2021-100, A Resolution of the City Council of the City of Newport Beach, California, Declaring the City's Summary Vacation of a Portion of an Existing Ten (10) Foot Wide Storm Drain Easement within a Portion of Lots 17 and 23 of Tract No. 7223 at 23 Augusta Lane and 9 Greenbriar Lane; 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: The property owners of 23 Augusta Lane and 9 Greenbriar Lane are requesting that the City summarily vacate a portion of an existing storm drain easement within the properties. The portion of the easement to be vacated is within the rear yard of the properties. The easement vacation will allow for the owners to fully use their properties. 4-1 Resolution No. 2021-100: Summary Vacation of a Portion of an Existing Storm Drain Easement at 23 Augusta Lane and 9 Greenbriar Lane October 26, 2021 Page 2 In 1970, The Irvine Company and Big Canyon Country Club granted a 10 -foot -wide storm drain easement to the City as a part of the original golf course. When Tract No. 7223 was subdivided and built, a storm drain line was never installed in this portion of the existing storm drain easement. There are existing storm drain lines in the remaining portion of the storm drain easement along the sides of the properties that will be protected -in-place. Pursuant to the 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 existing portion of the storm drain easement as shown in Attachment B 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 remaining portion of the storm drain easement 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. 2021-100 Attachment B —Area Map Attachment C — Owners Letter 4-2 ATTACHMENT A RESOLUTION NO. 2021-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DECLARING THE CITY'S SUMMARY VACATION OF A PORTION OF AN EXISTING TEN (10) FOOT WIDE STORM DRAIN EASEMENT WITHIN A PORTION OF LOTS 17 AND 23 OF TRACT NO. 7223 AT 23 AUGUSTA LANE AND 9 GREENBRIAR LANE WHEREAS, the City Council of the City of Newport Beach ("City"), pursuant to the provisions of Section 8300 of seq. of the California 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 California 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 forfive consecutive years immediately preceding the proposed vacation; orthe 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 owners of 23 Augusta Lane and 9 Greenbriar Lane ("Properties") to abandon the portion of the City's storm drain easement within the Properties, 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 storm drain purposes; WHEREAS, there are no other public facilities located 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, based on the nature and location of the Easement, the City Council determines, in accordance with Sections 892 and 8314 of the California Streets and Highways Code, that the Easement is not useful as a nonmotorized transportation facility. 4-3 Resolution No. 2021 - Page 2 of 3 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 Properties described in Attachment "A" and depicted on Attachment "B", both of which are attached hereto and incorporated herein by this reference. 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 26th day of October, 2021. Brad Avery Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE 14.", (- ff 'rw�- ar n C. Harp City Attorney Attachment(s): Attachment A — Legal Description of Vacated Storm Drain Easement Attachment B — Map of Vacated Storm Drain Easement G� ATTACHMENT "A" STORM DRAIN EASEMENT VACATION 23 AUGUSTA LANE, NEWPORT BEACH, CA (LEGAL DESCRIPTION) THAT PORTION OF A 10 FOOT WIDE STORM DRAIN EASEMENT DEDICATED TO THE CITY OF NEWPORT BEACH, PER TRACT NO. 7223, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 274, PAGE 7, LYING OVER THAT PORTION OF LOT 23 OF SAID TRACT MAP, BEING 5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID LOT 23, SAID POINT BEING SOUTHEASTERLY OF AND DISTANT 4.83 FEET FROM THE NORTH CORNER OF SAID LOT 23; THENCE SOUTH 13°49'46" WEST 75.60 FEET; THENCE SOUTH 85°04'38" WEST 8.34 FEET TO THE POINT OF TERMINATION IN THE SOUTHWESTERLY LINE OF SAID LOT 23, SAID POINT BEING SOUTHEASTERLY OF AND DISTANT 41.21 FEET FROM THE NORTHWESTERLY CORNER OF SAID LOT 23. THE SIDELINES OF SAID STORM DRAIN EASEMENT SHALL BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN THE SOUTHWESTERLY LINE OF SAID LOT 23 AND NORTHERLY IN THE NORTHERLY LINE AND NORTHWESTERLY LINE OF SAID LOT 23. CONTAINING AN AREA OF 839 SQUARE FEET, MORE OR LESS. SEE ATTACHMENT "B" ATTACHED HERETO AND BY THIS REFERENCE MAD A PART HEREOF. THIS DESCRIPTION HAS BEEN PREPARED E OR UNDER MY DIRECTION 9/30/2021 PAU D. C FT, P.L.S. 8516 LICENSE NEWAL DATE: 12/31/22 �gv"QpM I Nlc� CSG\ O � q fiC a� a NO. 8516 � IT SHEET 1 OF 2 M. ATTACHMENT "A" STORM DRAIN EASEMENT VACATION 9 GREENBRIAR LANE, NEWPORT BEACH, CA (LEGAL DESCRIPTION) THAT PORTION OF A 10 FOOT WIDE STORM DRAIN EASEMENT DEDICATED TO THE CITY OF NEWPORT BEACH, PER TRACT NO. 7223, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 274, PAGE 7, LYING OVER THAT PORTION OF LOT 17 OF SAID TRACT MAP, BEING 5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT IN THE NORTHEASTERLY LINE OF SAID LOT 17, SAID POINT BEING SOUTHEASTERLY OF AND DISTANT 41.21 FEET FROM THE NORTH CORNER OF SAID LOT 17; THENCE SOUTH 85°04'38" WEST 19.83 FEET; THENCE SOUTH 49°21'37" WEST 89.30 FEET TO THE POINT OF TERMINATION IN THE SOUTHWESTERLY LINE OF SAID LOT 17, SAID POINT BEING NORTHWESTERLY OF AND DISTANT 75.00 FEET FROM THE SOUTHWESTERLY CORNER OF SAID LOT 17. THE SIDELINES OF SAID STORM DRAIN EASEMENT SHALL BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN THE SOUTHWESTERLY LINE OF SAID LOT 17 AND NORTHERLY IN THE NORTHEASTERLY LINE OF SAID LOT 17. CONTAINING AN AREA OF 1,091 SQUARE FEET, MORE OR LESS. SEE ATTACHMENT "B" ATTACHED HERETO AND BY THIS REFERENCE MAD A PART HEREOF. THIS DESCRIPTION HAS BEEN PREPARED 7 OR UNDER MY DIRECTION 9/30/2021 PAU D. RAFT, P.L.S. 8516 LICENSE RENEWAL DATE: 12/31/22 r,,',NO,M�Nlc��Gy m 8516 � ;ov C m k SHEET 1 OF 2 4-7 SCALE: V=30' ATTACHMENT " B " POINT OF BEGINNING\ 4 2 POINT OF TERMINATION STORM DRAIN EASEMENT VACATION 23 AUGUSTA LANE, NEWPORT BEACH, CA (SKETCH) FSS TRACT NO. 7223 vo LEGEND: =10' STORM DRAIN EASEMENT VACATION 691 N ! 4s THIS DESCRIPTION HAS BEEN PREPARED k E OR UNDER MY DIRECTION n� °- No. 8516 9/30/2021 sT PAU D. R FT, P.L.S. 8516 qTF OF CAt�F� LICENSE NEWAL DATE: 12/31/22 9L C 9 `�' g T 9 M.M. 274/7-18 SHEET 2 OF 2 4-8 SCALE: i"=30' ATTACHMENT "B" STORM DRAIN EASEMENT VACATION 9 GREENBRIAR LANE, NEWPORT BEACH, CA (SKETCH) D�OrLob A7 POINT OF ��• / BEGINNING S85'04'38"W J 1 � 6�J'b 19.83' J �6rk4 3 � `est•. s \ �c TRACT NO. 7223 POINT OF /I 2 \ 17 TERMINATION 10' STORM DRAIN EASEMENT s \ PER TRACT NO. 7223, M.M. 274/7-18 c' �C5 0'0. w. \ �, \ L=57.97' R=48.0p, G R E E N B R 1 E R LANE LEGEND: = 10' STORM DRAIN EASEMENT VACATION THIS DESCRIPTION HAS BEEN PREPARED Y ME OR UNDER MY DIRECTION 9/30/2021 PAUL D.CRAFT, P.L.S. 8516 LICENS RENEWAL DATE: M.M. 274/7-18 SHEET 2 OF 2 4-9 Elena Zaretsky & Marc Schneider 2215 Arbutus Street Newport Beach, CA 92660 June 9, 2021 City of Newport Beach Department of Public Works ATTACHMENT C Dr. David Diaz 9 Greenbriar Lane Newport Beach, CA 92660 Re: Abatement of Easement located at 23 Augusta Lane & 9 Greenbriar Lane, Newport Beach It is our understanding that in addition to the Worksheet for Encroachment Permit, Filing Fee and Legal Description of the Easement, the City askes that we provide a letter requesting that the 10' drainage easement per tract No. 7223, M.M. 274/7-18 located at 23 August Lane and 9 Greenbriar Lane, Newport Beach, California be abated. This letter shall serve as our request to have this easement abated. Elena Zaretsky & arc Schneider Dr. David Dia 4-11