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Home My WebLink About04 - Vacation of Existing Sewer Easement at 124 Kings PlaceQ �EwPpRT CITY OF s NEWPORT BEACH `q44:09 City Council Staff Report October 28, 2025 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: Kevin Riley, Principal Civil Engineer - 949-644-3329, kriley@newportbeachca.gov TITLE: Resolution No. 2025-67: Vacation of Existing Sewer Easement at 124 Kings Place ABSTRACT: The property owner of 124 Kings Place has requested the vacation of an existing City of Newport Beach (City) sewer easement that crosses the property. In connection with new home construction at the site, the original 6-inch sewer main crossing the property was abandoned and replaced with a new 6-inch main located along the southerly property line within a newly granted 10-foot-wide sewer easement. The new main serves both 124 and 120 Kings Place. With the new improvements in place, the original sewer easement is no longer necessary. RECOMMENDATIONS: 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; and b) Adopt Resolution 2025-67, A Resolution of the City Council of the City of Newport Beach, California, Summarily Vacating Public Sewer Easements at 124 Kings Place (Lot 10 of Block D, Tract 1219) and Directing the City Clerk to Record Same with the County Recorder's Office. DISCUSSION: A new home construction project is located at 124 Kings Place. Prior to the new construction project, the existing 6-inch City sewer main that ran across the property was abandoned. A new 6-inch sewer main was installed and a new 10-foot-wide sewer easement was granted along the southerly property line of 124 Kings Place. The new sewer mains served both 124 and 120 Kings Place. A location map is provided in Attachment A. 4-1 Resolution No. 2025-67: Vacation of Existing Sewer Easement at 124 Kings Place October 28, 2025 Page 2 With the abandonment of the existing sewer main, and installation of a new sewer main and sewer easement, the existing sewer easement that runs across 124 Kings Place is no longer necessary. The property owner is requesting that the existing sewer easement be summarily vacated. Attachment B provides a map of the easement to be vacated. The new recorded sewer easement is provided in Attachment C. According to City records and the Wastewater Master Plan, there are no other active City utilities nor are there plans to build within said easement. Pursuant to the California Streets and Highways 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 dedication, 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 sewer easement to be summarily vacated satisfies the previously mentioned condition (c) of the California Streets and Highways Code. The sewer easement to be summarily vacated is legally described in Exhibit A and Exhibit B of the attached Resolution in Attachment D. 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. �lei IEel 10Les 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 — Grant of new Easement (O.R. 2015000157842) Attachment D — Resolution 2025-67 4-2 �,y4 gp8 V p� O o �I Castaways GAFF pA Park V R t p N M1 N � M N ry 125 524 120 145 100 116 Lower H ry Castaways Park KINGS RD s � v P v COAST HWY W 2890 2889 {� {w ul Q a 1-8 pi pi V V W W ISO ISO a + N W A W 2888 CRESTViEW DR X Vl q 2871 .r CO '•rr y�j N S`�BS ❑� N N N N fJ N N N 2861 by C V+ �i 2857 1-14 Q" �S 2is ¢ 2 2841 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 4-3 a Lm L7 Z N w t N G 11 A ��0R4N� � I 1 � ► 1 r 11 I 1 1 1 t � - FIR 14 sew � 1 t { l 1 { { t 1 { 1 1 { 1 � 1 { I 1 6 SgVYER 1 1 1 1 1 1 ► 1 l 1 ll 1 1 D 0 C m G CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT RECORDING REQUESTED AND WHEN RECORDED RETURN TO: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P.O. BOX 1768 Newport Beach, CA 92658-1768 Recording Fee: Exempt (Government Code — Section 6103) Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 11111I 111111 1jj jjj11 ijIjj lj1jj �1111 f 111I11114111$ I111ll11l 11llt NO FEE *$ R 0 0 0 7 3 9 8 9 1 2 $ * 201500015784210:59 am 03127M 5 47 411 E01 4 0.00 0.00 0.00 0.00 9.00 0.00 0.00 0.00 (Space above this line for Recorder's use) GRANT OF EASEMENT FOR SANITARY SEWER LINE PURPOSES FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Alex Mann, owner of certain real property commonly known as 124 Kings Place in the City of Newport Beach, County of Orange, State of California, hereinafter referred to as "OWNER," hereby grants to the CITY OF NEWPORT BEACH, a California municipal corporation and charter city, hereinafter referred to as "CITY," an exclusive easement for sanitary sewer purposes and the construction, re -construction, relocation, operations, maintenance and repair of sewer mains, facilities and appurtenances, in, over, under, along, and across said certain real property described and shown in Exhibit "A" which Exhibit is made a part of this document. Dated: W-s ! Z , i I -.I Signature Print Name UVVN=m 'd WI:.K EASENI N-1 -10 UTY OF NEWPORT BEACH WITHIN 124 KINGS PLACE, NEVJPORT SFACH, CA BEING A PORTION OF LOT 10 OF BLOCK D, TRACT 1219 IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED IN BOOK 38, PAGE 27 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTHERLY 10.0D FEET OF THE EASTERLY 78.50 FEET FROM THE SOUTH EASTERLY CORNER ON A BEARING OF N 8233'00' E OF SAID LOT 10 AS SHOWN ON THE ATTACHED EXHIBIT "A" ATTACHED HEREWITH AND MADE A PART OF HEREOF. d LOT 128 �3\ 7 SEWER ESMT. ` 01r� LOT 124. g2' 33 00'� 210.31 Y 4 LOT 120 �I 9rF0� C L1 � 2flf' Myhra & Assoc,it-te s EX H I B 1 -1" ''A'' 7.02 Fashion Lane, Suite 113 SKETCH FOR SEWER EASEMENT Tustin, CA 92780 Phone:: (949) 382-1360 W.O. No. Date: 01/19/2014 Fax: (949) 743-09S6 Engr. D.M. Chk'd. D.M. Sheet 1 of 1 me ACKNOWLEDGMENT State of CaI' ornia County of d e ) ss. On Mav a, )Olq Public, pe onally appeared Notary ,who proved to me on the basis of satisfactory evidence to be the person(;:;,) whose names isfare subscribed_ to the within instrument and acknowledged to me that Ce)shelthey executed the same in i her/their authorized capacity(ies.), and that by iS7 erltheir signatures(* on the instrument the person(-s-), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. TAM] K. BROWN COMM. 41967632 WITN SS my hand and official seal. NotaryPubl]o- California �j RIVERSIDE My mmission Expiraanuary 27, 2016 ignature State of California County of On Public, personally appeared ACKNOWLEDGMENT SS. before me, (seal) Notary ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) CERTIFICATE OF ACCEPTANCE This CERTIFICATE OF ACCEPTANCE is to certify that the interest in real property conveyed by Grant of Easement for Sanitary Sewer Line Purposes at 124 Kings Place from ALEX MANN, as Grantor and the City of Newport Beach, a California municipal corporation, as Grantee, is hereby accepted on , 2014, by the undersigned officer on behalf of the City of Newport Beach pursuant to authority conferred by Resolution No. 1992-82 of the City Council adopted on July 27, 1992. The City consents to the recordation of said document in the Office of the Recorder of Orange County, State of California. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: '� 1 1 q By: (1 Aaron C. HaVP City Attorney (jAel EWPn. ATl Dat, By: Leil; City Clerk State of California ) County of ORANGE ) CITY OF NEWPORT BEACH a California municipal corporation Date: 3 IQ 1� c By: Dave Kiffi` City Manager RECOMMENDED FOR ACCEPTANCE: PUBLIC WORKS DEPARTMENT Date: B v: David A. Webb Public Works Director On ' •gyp -IS before me, JCNt,�tFC2 PtNt,,� NAUL.VEY , Notary Public, personally appeared DAVE KIFF, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity(ies), and that by his signature on the instrument the person, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Sig natur JENNIFER ANN I. ULVEY ' commission # 2045022 i FFF Notary Public CaAlornia (Seal) X'� W orange County �' 17 My Comm.. Ex lees Oct 1220 , i; ATTACHMENT D RESOLUTION NO. 2025-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, SUMMARILY VACATING PUBLIC SEWER EASEMENTS AT 124 KINGS PLACE (LOT 10 OF BLOCK D, TRACT 1219) AND DIRECTING THE CITY CLERK TO RECORD SAME WITH THE COUNTY RECORDER'S OFFICE WHEREAS, the City Council ("City Council") of the City of Newport Beach ("City"), pursuant to Chapter 4 of the Public Streets, Highways and Service Easements Vacation Law, Section 8330 et seq. of the California Streets and Highways Code, is authorized to summarily vacate a public service easement when 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 property owner of 124 Kings Place, Newport Beach, California, 92663 ("Property") has requested the City vacate a ten -foot (10') easement and a six- foot (6) easement ("Easements"), which are legally described in Exhibit "A" and shown in Exhibit "B"; WHEREAS, in 2015, the property owner granted to the City, a new ten -foot (10') wide sewer easement along the Property's southerly property line. Subsequently, the property owner constructed a new six-foot (6') sewer main within the new ten -foot (10') wide easement and connected the sewer main to a manhole along Dover Drive thereby rerouting the sewer system; WHEREAS, the segment of the sewer in the Easements are 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 Easements; and WHEREAS, the City Council, having 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 Easements on this Property, has determined that the proposed summary vacation is consistent with the General Plan. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby summarily vacate the Easements described in Exhibit "A" and shown in Exhibit "B" on the grounds that the Easements are unnecessary as they have been relocated and there are no other public facilities therein. I • Resolution No. 2025- Page 2 of 3 Section 2: The City Clerk is hereby directed to have this resolution recorded by the Orange County Recorder, and that from and after the date this resolution is recorded, the portion of the sewer easements described in Exhibit "A" and depicted on Exhibit "B" shall be summarily vacated and no longer constitute public sewer easements. 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. 4-10 Resolution No. 2025- 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 28th day of October, 2025. Joe Stapleton Mayor ATTEST: Lena Shumway City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE 41-1 c ` -- Aardn C. Harp City Attorney Attachment(s): Exhibit A — Legal Description of Easement Vacation Exhibit B — Map of Sewer Easement Vacation 4-11 EXHIBIT A Legal Description of Easement Vacation 4-12 Joe 22237 TOAL ENGINEERING, 139 AVENIDA NAVARRO SAN CLEMENTE, CALIFORNIA (949) 492-8586 FAX (949) 498-8625 INC. 92672 SHEET NO OF CALCULATED BY BG DATE CHECKED BY WA8 DATE SCALE - EXHIBIT 'A' - LEGAL DESCRIPTION EASEMENT VACATION PORTIONS OF SEWER EASEMENTS CONVEYED IN DOCUMENTS RECORDED IN BOOK 3237, PAGE 507, O.R. AND INSTRUMENT NO. 2008000217258 O. R. LYING WITHIN LOT 10 OF BLOCK D, TRACT NO. 129, M.M. 38126-27 10/23/24 10/23/24 HEREBY QUITCLAIM THAT PORTION OF THE 10 FEET (10') WIDE SEWER EASEMENT IN FAVOR OF THE CITY OF NEWPORT BEACH CONVEYED IN A DOCUMENT RECORDED OCTOBER 7, 1955 IN BOOK 3237, PAGE 507 OF OFFICIAL RECORDS IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA LYING WITHIN LOT 10 OF BLOCK D, TRACT NO. 1219 AS PER MAP FILED IN BOOK 38, PAGES 26 THROUGH 27 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; TOGETHER WITH. THAT PORTION OF THE 6 FEET (6) WIDE SEWER EASEMENT IN FAVOR OF THE CITY OF NEWPORT BEACH CONVEYED IN A DOCUMENT RECORDED MAY 7, 2008 AS INSTRUMENT NO. 200800217258 OF OFFICIAL RECORDS IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA LYING WITHIN SAID LOT 10 OF BLOCK D, TRACT NO. 1219, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID LOT 10; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 10 NORTH 83'33'00" EAST 72.98 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY LINE NORTH 3"00'00" WEST 6.02 FEET; THENCE NORTH 83`33'00" EAST 58.36 FEET; THENCE SOUTH 7'27'00" EAST 6.00 FEET TO A POINT ON THE SAID SOUTHERLY LINE OF SAID LOT 10; THENCE ALONG SAID SOUTHERLY LINE SOUTH 82'33'00" WEST 58.82 FEET TO THE TRUE POINT OF BEGINNING. ALSO AS SHOWN ON EXHIBIT 'B'ATTACHED HERETO AND BY THIS REFERENCE MADE APART HEREOF. LAND WM ALAN o BROOKS PREPARED BY ME OR UNDER MY DIRECTION ON: 4/02/25 No.6921 �TF OF ALAN BROOKS LS 6921 4-13 EXHIBIT B Map of Sewer Easement Vacation 4-14 TOAL ENGINEERING, INC. 139 AVENIDA NAVARRO SAN CLEMENTE, CALIFORNIA 92672 (949) 492-8586 FAX (949) 498-8625 a O �a 0 Z s JOB 22237 SHEET NO. 2 OF 2 CALCULATED BY BG DATE 10/23/24 CHECKED BY WAB DATE 10/23/24 SCALE 1 "=40' EXHIBIT 'B' - SKETCH EASEMENT VACATION PORTIONS OF SEWER EASEMENTS CONVEYED IN DOCUMENTS RECORDED IN BOOK 3237, PAGE 507, O. R. AND INSTRUMENT NO. 2008000217258 O. R. LYING WITHIN LOT 10 OF BLOCK D, TRACT NO, 129, M.M. 38126-27 g 10.00' HIDE SANITARY SEWER EASEMENT PER DOCUMENT RECORDED IN 80e1K 3237, OUTC� RO�tiEN } 78.00' 0 7Z 98 o b LINE BEARING DISTANCE L1 N 03'00'00" W 31.00' L2 N 14'05'21" W 39.11' L3 N 21'36'30" W 10.00' L4 N 03'00'00" W 6.02' L5 N 07'27'00" W 6.00' LEGEND ---- CENTERLINE OF EXISTING EASEMENT TO BE QUITCLAIMED EXISTING EASEMENT TO BE QUITCLAIMED COMP g N 79'OJ'10' E 221,24' f �T4"p IS �53 LOT 10I BLOCK D' TRACT 1219 M.M. 38/26-27 g 1 6.00' W1DE SANITARY SEWER c I EASEMENT PER DOCUMENT I RECORDED AS 1NST. NO. 200 AV217258 g 58. 3 ' WITCWM HEREON 2.P1 1 a' L(D1T � a Lcum C SAND S&�GF WM ALAN p BROOKS No. 6921 OF CA'� SCALE: 1 "=40' 50t PREPARED BY ME OR UNDER MY DIRECTION ON: 4/02/25 . *�-- S-14�� ALAN BROOKS LS 6921 4-15