Loading...
HomeMy WebLinkAboutE-3c - Quitclaim of Public Utilities Easement over Southeasterly 125 Feet of Lot 7, Tract 802, (No. 7 Harbor Island)TO: CITY COUNCIL FROM: Public Works Department February 24, 1969 �y SUBJECT: QUITCLAIM OF PUBLIC UTILITIES EASEMENT OVER SOUTHEASTERLY 125 FEET OF LOT 79 TRACT 802, (NO. 7 HARBOR ISLAND) .E - 3 (c,) RECOMMENDATION: Adopt a Resolution quitclaiming any interest the City may have in an easement for sewer and public utilities over the northeasterly 125 feet of Lot 7, Tract 802; and authorizing the Mayor and City Clerk to execute the documents. DISCUSSION: On February 10, 1969 the City Council referred to the staff a letter from Mr. Wil,liam.-Von Essen requesting that the public utility easement be ' abandoned. Mr. Van Essen has secured letters from the Edison Company and Telephone Company, stating that they have no present or future use for the easement; and quitclaim deeds from the Southern Counties Gas Company and the Harbor Island Community Association. The City's Water and Sewer Divisions have no present or future use for the easements: Normal procedure is to vacate public utility easements through the use of the Public Service Easement Vacation Law., a lengthy procedure. The Security Title Insurance Company advises -that there is no evidence that this easement was even accepted on behalf of the public, and that because the easement has never been used for public utility purposes for over 42 years, the City rights in the easement are questionable. The City Attorney has reviewed this matter and concurs in the above recommendations. Attached is a sketch showing the easement area recommended to be quitclaimed by the City. r J seph . e'vl i n Public W ' s Director P/ldg Att. I'll � .,. r P . If LEGEND .-4745,61Wh;Vr TD &F AUIM IA-1EQ pr -.. 5 7 8: I� 9- TEASE �JE3C. Erf/T FQW G ZJT/L/T/ SEWER� � 23 24 25 ( 2G 27 28 29 yj M. M. Be, 24 A5. 7 DATE 2 _. PUBLIC WORK$ DIRECTOR R.E. NO. 96AYW -553 -L.. RESOLUTjo M. G 93 2 A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING EXECUTION OF A QUITCLAIM DEED RELEASIN THE CITY'S INTEREST IN A PUBLIC UTILITY EASEMENT TO THE OWNER OF RECORD OF LOOT 7 , TRACT MO. .802 WHEREAS, on February 6, 19699 the City Council, was requested by William Von Essen to take action to abandon a public utility easement along the southeasterly side of Lot 7 of Tract No. 802., a lot in the City of Newport Beach presently owned by Mrs. William Von Essen, so that the area covered by the easement could be utilized for the construction of a residence; and WHCRKAS, copies of certain documents and letters from the Southern California Edison Company, the Pacific Telephone and Telegraph Company, the Southern Counties Gas Company, Harbor Island Community Association, and Security Title Insurance Company have been submitted disclaiming any present or future need for the said easement; and WHEREAS, it has been determined that the City has no present or prospective need for the easement; NOW9 THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk be and are hereby authorized and directed to execute a quitclaim deed releasing the City's interest in the said public utility easement to the owner of record of Lot 7, Tract No, 802, City of Newport Beach. 2�+th February ADOPTED this day of. , 1969. ATTEST,r- eric or THSimh 2/19/69 February 6, L959. City Council Newport Beach, California Dear Madame Mayor and Members of the City Council: I recently purchased a lot on Harbor Isle which is described as Lot 7 of Tract No. 802,. There is a 7-foot public utilities easement along the southeaerly side of'my lot. This utilities easement is not'be'ing used for utility purposes at this time. I have personally contacted the Pacific Telephone Company, the -Southern California Edison Company, and the Southern Counties Gas Company, and have been advised in writing by them that they have no interest in using this easement, and would not object to construction being placed on it. I have also obtained quitclaim deeds disclaiming any interest in the easement from all property owners on Harbor Isle. I am requesting that the City Council take action to abandon this easement on the ground that it is not needed by the City or by any public utility, in order that I may utilize the area covered.by the easement for the construction of a residence. The presence of this easement is preventing me from proceeding with.my..construction plans, so I would appreciate your taking action on this as soon.as possible. Yours very truly, W�Iiam�' Von Essen 515 Bayside Drive Newport Beach, California v v.