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Home My WebLink About08 - Resolution Ordering Summary Vacation of Sewer Easement at 901 Kings RdEWPO CITY OF 0 f`.QS NEWPORT BEACH R City Count H Staff Report Agenda Item No. 8 June 11. 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949 - 644 -3311, dawebb(a)newportbeachca.gov PREPARED BY: David Keely, Senior Civil Engineer 99449- 644 -3349, dkeelV(a?newportbeachca.gov APPROVED: C12 Cv� V v TITLE: Summary Vacation of Existing Sewer Easement at 901 Kings Road ABSTRACT: The property owner of 901 Kings Road is requesting that the City summarily vacate an existing sewer easement as the sewer main was relocated and a new easement was provided on the property. RECOMMENDATION: Staff recommends that the City Council adopt a Resolution ordering the summary vacation of an existing sewer easement at 901 Kings Road and direct staff to process the summary vacation of said easement, and direct the City Clerk to have all Resolutions and summary vacation documents recorded by the Orange County Recorder. FUNDING REQUIREMENTS: There is no fiscal impact related to this item DISCUSSION: As part of a major remodel project, the property owner of 901 Kings Road relocated a portion of the City's sewer main running through the middle of their property. In addition to the sewer main relocation, the property owner provided the City with a new sewer easement along the relocated alignment. Now that the new sewer main and easement are in place, the existing sewer easement is no longer needed. The property owner is requesting that the City summarily vacate the existing sewer easement running through the property. 1 of 8 Summary Vacation of Existing Sewer E=asement at 901 Kings Road ..June 11, 2013 Page 2 According to California Streets and Highway Code Section 8333(c), the City Council may summarily vacate a City easement if the following condition exists: the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.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 proposed easement vacation meets the conditions of the California Streets and Highways Code since the sewer main was relocated and no other public facilities are located within the easement. The existing easement to be summarily vacated is legally described in Exhibit "A" and shown in Exhibit "B" of the attached Resolutions. 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). Submitted by: 1 David A. 4 ebb Public Works Director Attachments: A. Vicinity Map B. 901 Kings Road Sewer Easements C. Resolution for Summary Vacation at 901 Kings Road 2 of t - -- nNS Boa aivara 7 J� r � r �O d7bG Of",4, r °srj v / f' 901 KIINGS ROAD 1 � � II �� ter 4� ° 4? Ci Qi • bJ' %,. v' YAi 44 r r'J y9 bAb Y 'HAbO bj� / i C+ ATTACHMENT A -901 ICINGS ROAD 3 of 11 1 yUNJ A Uf t - -- nNS Boa aivara 7 J� r � r �O d7bG Of",4, r °srj v / f' 901 KIINGS ROAD 1 � � II �� ter 4� ° 4? Ci Qi • bJ' %,. v' YAi 44 r r'J y9 bAb Y 'HAbO bj� / i C+ ATTACHMENT A -901 ICINGS ROAD 3 of o SEWER EASEMENT TO BE VACATED o SEWER EASEMENT PROVIDED FOR REALIGNED SEWER MAIN ATTACHMENT B - 901 KINGS ROAD SEWER EASEMENTS 4 of RECORDING REQUESTED AND WHEN RECORDED RETURN TO: CITY CLERK'S OFFICE CITY OF NEWPORT BEACH P.O. BOX 1768 NEWPORT BEACH, CA 92658 Recording Fee: Exem l fAnvcrnmcn4 Cnrin _ RESOLUTION NO. 2013- ATTACHMENT C (Space above this line for Recorder's A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE SUMMARY VACATION OF AN EXISTING 10- FOOT WIDE SEWER EASEMENT AT 901 KINGS ROAD (LOT 25, BLOCK E OF TRACT 1219); AND DIRECTING THE CITY CLERK TO RECORD SAME WITH THE COUNTY RECORDER'S OFFICE WHEREAS, the City Council of the City of Newport Beach pursuant to Chapter 4 of the California Streets and Highways code (Sections 8330 et seg.), is authorized to summarily vacate public easements; and WHEREAS, the City Council of the City of Newport Beach has received a request from the property owner of 901 Kings Road to summarily vacate a 10 -foot wide public sewer easement legally described in Exhibit "A" and shown in Exhibit "B "; and WHEREAS, the City has abandoned a 6 -inch sewer main within said easement at 901 Kings Road; and WHEREAS, the owner has, as part of the redevelopment project, constructed a new 8 -inch sewer main elsewhere on the property and provided the City with a new 10- foot wide sewer easement; and WHEREAS, the City Council of the City of Newport Beach has 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 public sewer easement on this property 5 of and has determined that the proposed summary vacation is consistent with the General Plan; and WHEREAS, the summarily vacated public sewer easement is unnecessary for future sewer line purposes as the sewer main was realigned and there are no other public facilities within said easement; and NOW, THEREFORE, be it resolved by the City Council of the City of Newport Beach that the portion of public sewer easement legally described in Exhibit "A," and depicted on the map attached as Exhibit "B" based on the evidence submitted, that the public sewer easement has been superseded by realigning the existing sewer main elsewhere on the property and that there are no other public facilities located within the public sewer easement. By this resolution the public sewer easement described in Exhibit "A" and depicted on Exhibit "B" is hereby ordered summarily vacated and abandoned. BE IT FURTHER RESOLVED that 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 easement described in Exhibit "A" and depicted on Exhibit "B" shall be summarily vacated and no longer constitute a public sewer easement. Adopted this 11th day of June, 2013. ATTEST: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation Keith D. Curry Mayor for the City of Newport Beach 6 of LEGAL DESC�'IPTI�,J EASEMENT VACATION THAT PORTION OF LOT 25, BLOCK "E ", OF TRACT NO. 1219, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 38, PAGES 26 -27, OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: THAT PORTION OF EASEMENT DEDICATED TO THE CITY OF NEWPORT BEACH BY INSTRUMENT NO. 724229 OF OFFICIAL RECORDS OF SAID COUNTY DESCRIBED OVER SAID LOT 25 AS FOLLOWS: BEGINNING AT A POINT IN THE EASTERLY LINE OF SAID LOT 25, SAID POINT BEING SOUTHERLY OF AND DISTANT 70.00 FEET FROM THE NORTHEASTERLY CORNER OF SAID LOT 25, THENCE 527'00'00 "W, A DISTANCE OF 48.00 FEET TO AN ANGLE POINT; THENCE IN A STRAIGHT LINE TO A POINT IN THE WESTERLY LINE OF SAID LOT 25, SAID POINT BEING SOUTHERLY OF AND DISTANT 87.00 FEET FROM THE NORTHWESTERLY CORNER OF SAID LOT 25. ATTACHED AND MADE A PART HEREOF IS A MAP DESIGNATED EXHIBIT °B ". Q�OFESS /O^/ '9� tl0c'M11 B. 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