HomeMy WebLinkAbout25 - Bay Island - Easement and Vacation• Meeting Date: April 26, 1999
Agenda Item No.: 25
Subject: BAY ISLAND PUBLIC SERVICE EASEMENT AND
SEWER SYSTEM VACATION RESOLUTION AND
AGREEMENT.
ALSO refer to City Council Agenda Packet for the Meeting of
April 12, 1999, ITEM NO. 23 for the Original Report or Backup
Information on this item.
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April 26, 1999
CITY COUNCIL AGENDA
ITEM NO. 25
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: BAY ISLAND PUBLIC SERVICE EASEMENT AND SEWER SYSTEM
VACATION RESOLUTION AND AGREEMENT
RECOMMENDATIONS:
1. Hold public hearing; close hearing.
2. If desired, (a) adopt Resolution No. 99- _ ordering the vacation and
abandonment of the Bay Island Public Service Easement and Sewer System.
3. Approve Bay Island Public Service Easement and Sewer System Vacation
Agreement.
4. Direct the City Clerk to have the resolution and agreement recorded by the
Orange County Recorder.
DISCUSSIONS:
In the early 1920's, the Bay Island Club constructed sewer facilities to service their 24-
lot private island community. These facilities were dedicated to the City by formal
agreement. The City agreed to operate and maintain the Bay Island wastewater
system. The facilities include approximately 950 linear feet of sewer lines and a
submersible pump station. The City currently spends around $9,000 per year to
maintain and operate the pump station.
In 1996 the City completed the 20 -year wastewater master plan, which included
recommendations for repairs of all the wastewater mains and pump stations. The 74-
year old Bay Island pump station was identified for replacement. $300,000 was
estimated as the project cost based on standard construction practices.
A replacement pump station on Bay Island built to current City standards would cost
between $300,000 and $700,000 depending on the location. Access to the island is
provided by a pedestrian bridge with a limited load capacity. Most equipment and
materials used for construction on the island needs to be barged. This would include any
mechanical equipment, backhoes, or materials required for the project. This will
significantly increase the costs of the project.
The 1925 dedication agreement included a clause which read... This grant nor the
acceptance thereof by the City of Newport Beach shall never prevent or be construed as
SUBJECT: BAY ISLAND PUBLIC SERVICE EASEMENT AND SEWER SYSTEM VACATION RESOLUTION
AND AGREEMENT
April 26, 1999
Page 2
preventing the City of Newport Beach to cause the described sewer system or any part
thereof to be hereafter repaired or reconstructed by assessments upon private property
under any improvement act of the State of California, as in other instances. This
essentially means the City can assess the property owners for the cost of any major
repairs or reconstruction.
In lieu of being assessed for pump station reconstruction costs, the Bay Island Club has
agreed to take back the sewer system (including the pump station) in exchange for
$150,000. This is the present value of the City's estimated annual maintenance costs
of $9,000. The concept of vacating and abandoning the facilities was discussed and
approved by the Public Works Committee in February 1998.
Since the Public Service Easement and Sewer System was granted to the City, it is
necessary to utilize the Public Streets, Highways and Service Easements Vacation Law
procedures to return the easements and facilities to the Bay Island Club. In accordance
with the law, a Notice of a Public Hearing to take testimony on the proposed vacation
and abandonment was posted.
Attached for the City Council approval is the proposed vacation agreement and
vacation resolution. The Bay Island Club supports the vacation and abandonment of
the easement and sewer system with the City's contribution of $150,000 to cover future •
maintenance of the sewer system.
Sufficient funds are available in Sewer Pump Station Master Plan Improvement
Account No. 7532- C5600100.
Respe ully s bmltted,
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P C WORKS DEPARTMENT
Don Webb, Director
By: AV114 "'�
Mi hael J. Sinacori, P.E.
Utilities Engineer
Attachments: Agreement w/ attachments
Resolution w /attachments
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RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
P. O. Box 1768
Newport Beach, CA 92658 -8915
THIS SPACE FOR RECORDER'S USE ONLY.
Exempt Recording Request per Government Code 6903
RESOLUTION NO. 99-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH
ORDERING THE VACATION AND ABANDONMENT OF BAY ISLAND PUBLIC
SERVICE EASEMENT AND SEWER SYSTEM; 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 the
provisions of the Public Streets, Highways and Service Easements Vacation Law (Section
0 8300 et sec. of the Streets & Highways Code) is authorized to vacate a public service
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 vacate this Bay Island 10' wide sewer right of way, ( "Public Service
Easement ") and has determined that the proposed vacation is of a minor nature and is
consistent with the General Plan; and
WHEREAS, the City Council finds and determines from all of the evidence
submitted that the Bay Island public service easement and sewer system described
. herein is located on private property under a single property owner and unnecessary for
present or prospective public use; and
WHEREAS, the City Council of the City of Newport Beach desires to vacate the
Bay Island public service easement and sewer system, legally described in the attached
Exhibit "A" and depicted on a map as Exhibit "B ", the vacation to be processed pursuant
to the provisions of the Streets, Highways and Service Easements Vacation Law.
WHEREAS, Notice of the intention to vacate and abandon the public service
easement was given in accordance with California Streets & Highways Code, Section
8322 and 8323.
NOW, THEREFORE, be it resolved by the City Council of the City of Newport
Beach that the Bay Island public service easement and sewer system, legally described
in the attached Exhibit "A ", and depicted on the map as Exhibit "B" is hereby ordered
vacated and abandoned.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to have this
resolution recorded by the Orange County Recorder.
Adopted this 26th day of April 1999.
MAYOR
ATTEST:
CITY CLERK
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WHEREAS, the City Council of the City of Newport Beach desires to vacate the
Bay Island public service easement and sewer system, legally described in the attached
• Exhibit "A" and depicted on a map as Exhibit 'B ", the vacation to be processed pursuant
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to the provisions of the Streets, Highways and Service Easements Vacation Law.
WHEREAS, Notice of the intention to vacate and abandon the public service
easement was given in accordance with California Streets & Highways Code, Section
8322 and 8323.
NOW, THEREFORE, be it resolved by the City Council of the City of Newport
Beach that the Bay Island public service easement and sewer system, legally described
in the attached Exhibit "A ", and depicted on the map as Exhibit "B" is hereby ordered
vacated and abandoned.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to have this
resolution recorded by the Orange County Recorder.
Adopted this 26`h day of April 1999.
ATTEST:
CITY CLERK
fAusers \pbw\shared\bay islandVesolution.doc
MAYOR
EXHIBIT "A"
•
That certain public service easement and sewer system in the City of
Newport Beach, County of Orange, State of California as described in Deed
to the City of Newport Beach recorded in Book 561, Page 156 of Official
Records in the office of the County Recorder of said County more
particularly described as follows:
Beginning at a point in the centerline of the alley, 10.00 feet wide, as shown
on map of Block A, East Newport Tract filed in Book 4, Page 51 of
Miscellaneous Maps in the office of said Recorder, said point beginning
15.00 feet southeasterly of the southeasterly line of Island Avenue, 50.00
feet wide, as shown on said map; thence N73 °27'50 "W along said
centerline and the northwesterly prolongation thereof to a line parallel with
and 6 feet northwesterly, measured at right angles, from said southeasterly
line of Island Avenue; thence N16 035'19 "E along said parallel line to a point
along the westerly side of a private bridge across an arm of Newport Bay, a
distance of one hundred eleven (111) feet; thence north 35 055' East along
the westerly side of the aforesaid bridge a distance of one hundred ninety -
three (193) feet to a point; thence north 29 010' East a distance of fifty -five .
(55) feet to a point in the center of the pumping station designated as point
"A" thence south 72 050' East a distance of fifty (50) feet to the center of a
manhole; thence north 28 025' East a distance of one hundred eighty (180)
feet, to a point in the center of a manhole designated as point "B "; thence
north 29 010' East, a distance of two hundred twelve (212) feet to a point in
the center of a flush tank;
And also beginning at point "A" hereinbefore mentioned; thence north
60 °50' West, a distance of forty (40) feet to the center of a manhole; thence
north 29 010' East a distance of sixty (60) feet to the center of a lamphole;
And also beginning at point "B" hereinbefore referred to; thence north
60 050' West a distance of ninety -six (96) feet to the center of a manhole;
thence south 29 010' West a distance of one hundred two (102) feet to the
center of lamphole.
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STATE OF CALIFORNIA )ss.
COUNTY OF ORANGE ) .
On 1999, before me, personally
appeared personally known to
me (or 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 signature(s) on the instrument the person(s) or the entity upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
STATE OF CALIFORNIA )ss. .
COUNTY OF ORANGE )
On 1999, before me, personally
appeared personally known to
me (or 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 signature(s) on the instrument the person(s) or the entity upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
•
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
P. O. Box 1768
Newport Beach, CA 92658 -8915
THIS SPACE FOR RECORDER'S USE ONLY.
Exempt Recording Request per Government Code 6103
BAY ISLAND PUBLIC SERVICE EASEMENT AND SEWER SYSTEM
VACATION AGREEMENT
THIS BAY ISLAND PUBLIC SERVICE EASEMENT AND SEWER SYSTEM
VACATION AGREEMENT ( "AGREEMENT ") entered into this 26th day of April, 1999, by
and between the CITY OF NEWPORT BEACH, a Municipal Corporation, (hereinafter
referred to as "CITY ") and BAY ISLAND CLUB,
whose address is 25 Bay Island, CA 92663 (hereinafter referred to as "OWNER ") is
made with reference to the following:
RECITALS:
A. OWNER is a real property cooperative that owns an approximately 5.5
acre island in Newport Harbor within the city. The island is known as Bay Island and is
subdivided into 25 lots with no public streets or public access.
B. In the early 1920's, OWNER constructed sewer lines and a sewer pump
station ( "SEWER SYSTEM ") to provide sewer service to each of the individual lots on
the island.
C. In 1925 OWNER granted the SEWER SYSTEM to the CITY and granted 0
to CITY a 5 foot wide right -of -way, along each side of the sewer pipeline ( "PUBLIC
SERVICE EASEMENT ") for City to repair and maintain the SEWER SYSTEM.
D. Since 1925, CITY has maintained all or a portion of the SEWER
SYSTEM. For the last 15 to 20 years, OWNER has maintained the sewer pipelines and
CITY has only maintained the pump station. The lack of streets on Bay Island and the
privacy interest of OWNER in the property has restricted the ability of CITY to access
the sewer lines for repair and maintenance of the SEWER SYSTEM.
E. The approximate cost for CITY to maintain and repair the SEWER
SYSTEM is approximately $9,000 per year. There are additional unknown costs
anticipated to be necessary to upgrade, or replace the 74 year old SEWER SYSTEM.
CITY has estimated costs in the range of $300,000 to $700,000 to replace and bring 0
the existing SEWER SYSTEM up to current City standards.
F. The 1925 Agreement provides that CITY may require OWNER to assess
itself under an improvement act for needed repairs or reconstruction of the SEWER
SYSTEM. In lieu of assessments by CITY, OWNER has agreed to accept return of
ownership and responsibility of the SEWER SYSTEM to OWNER and for CITY to
vacate the PUBLIC SERVICE EASEMENT in exchange for a lump sum payment of
$150,000 to cover future operation and maintenance costs.
G. CITY and the public will benefit from this agreement because CITY's
Sewer Fund will no longer be responsible to maintain, repair or operate what is an
essentially a private sewer system serving Bay Island, which is private property,
inaccessible to the public and owned as a cooperative made up of the individual .
members of the Bay Island Club. The SEWER SYSTEM operates solely for the benefit
2
. of and is located on OWNER's private property and is unnecessary for present or
prospective public use.
H. The transfer of the SEWER SYSTEM to Bay Island Club is financially
beneficial to both OWNER and City.
NOW THEREFORE, the Parties agree as follows:
1. CITY will proceed to vacate the PUBLIC SERVICE EASEMENT and
SEWER SYSTEM in accordance with procedures found in the Public Streets,
Highways, and Service Easements Vacation Law found in Streets & Highways Code,
Section 8300, et seq.
2. Ownership and control of the SEWER SYSTEM shall be automatically
transferred to OWNER, upon the date City Council adopts a Resolution to vacate the
• PUBLIC SERVICE EASEMENT and the SEWER SYSTEM facilities located within the
easement. The SEWER SYSTEM is legally described in Exhibit "A" attached hereto
and incorporated herein by reference; and depicted on Exhibit "B" attached hereto and
incorporated herein by reference.
3. OWNER agrees to accept the SEWER SYSTEM and to accept
responsibility for all costs and expenses for future operations, maintenance, repair and
replacement of the SEWER SYSTEM.
4. In consideration of OWNER's agreement to accept ownership of the
SEWER SYSTEM, and the OWNER's agreement to maintain, repair and be forever
responsible for the SEWER SYSTEM, CITY will pay OWNER the sum of $150,000.
OWNER and CITY agree that $150,000 is representative of the amount of money
required to provide current operation and maintenance costs in the amount of $9,000
per year.
3
5. This Agreement shall become effective and all ownership of the SEWER
SYSTEM shall transfer to OWNER on the date City Council adopts the Resolution,
attached hereto as Exhibit "C ".
6. Any notice or other document and all payments required or permitted to
be given by either party hereto to the other party shall be deemed received upon
delivery in person to the recipient or upon deposit in the United States mail in the State
of California, with postage prepaid, and addressed to the party for who intended at the
following address:
To the City: City of Newport Beach
Public Works Department — Utilities
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92658 -8915
To Owner: Bay Island Club
25 Bay Island
Newport Beach, CA 92664
7. This Agreement supersedes any and all other agreements, either oral or
in writing, between the parities hereto with respect to providing sewer service to Bay
Island, and contains all of the covenants and agreements made between parties with
respect to that matter in any manner whatsoever. Each part to this Agreement
acknowledges that no representation, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party,
which are not embodied herein, and that no other prior agreement, statement or
promise regarding this subject which is not contained in the Agreement shall be valid or
binding upon either party. 0
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IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be
executed on the day and year first written above.
APPROVED AS TO FORM:
By:
Robin Clauson
Assistant City Attorney
ATTEST:
By:
LaVonne Harkless
City Clerk
fAusers\pbwlshared \bay island\agreement.doc
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CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Mayor
City of Newport Beach
BAY ISLAND CLUB
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EXHIBIT "A"
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That certain public service easement and sewer system in the City of
Newport Beach, County of Orange, State of California as described in Deed
to the City of Newport Beach recorded in Book 561, Page 156 of Official
Records in the office of the County Recorder of said County more
particularly described as follows:
Beginning at a point in the centerline of the alley, 10.00 feet wide, as shown
on map of Block A, East Newport Tract filed in Book 4, Page 51 of
Miscellaneous Maps in the office of said Recorder, said point beginning
15.00 feet southeasterly of the southeasterly line of Island Avenue, 50.00
feet wide, as shown on said map; thence N73 °27'50 "W along said
centerline and the northwesterly prolongation thereof to a line parallel with
and 6 feet northwesterly, measured at right angles, from said southeasterly
line of Island Avenue; thence N16 °35'19 "E along said parallel line to a point
along the westerly side of a private bridge across an arm of Newport Bay, a
distance of one hundred eleven (111) feet; thence north 35 055' East along
the westerly side of the aforesaid bridge a distance of one hundred ninety -
three (193) feet to a point; thence north 29 010' East a distance of fifty -five
(55) feet to a point in the center of the pumping station designated as point
"A" thence south 72 050' East a distance of fifty (50) feet to the center of a
manhole; thence north 28 025' East a distance of one hundred eighty (180)
feet, to a point in the center of a manhole designated as point "B "; thence
north 29 010' East, a distance of two hundred twelve (212) feet to a point in
the center of a flush tank;
And also beginning at point "A" hereinbefore mentioned; thence north
60 050' West, a distance of forty (40) feet to the center of a manhole; thence
north 29 010' East a distance of sixty (60) feet to the center of a lamphole;
And also beginning at point "B" hereinbefore referred to; thence north
60 050' West a distance of ninety -six (96) feet to the center of a manhole;
thence south 29 010' West a distance of one hundred two (102) feet to the
center of lamphole.
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STATE OF CALIFORNIA )ss.
COUNTY OF ORANGE )
On 1999, before me, personally
appeared personally known to
me (or 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 signature(s) on the instrument the person(s) or the entity upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
STATE OF CALIFORNIA )ss.
COUNTY OF ORANGE )
On 1999, before me, personally
appeared personally known to
me (or 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 signature(s) on the instrument the person(s) or the entity upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
6
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