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Home My WebLink About17 - Old Newport Boulevard Vacation & Abandonment0 i i July 12, 1999 CITY COUNCIL AGENDA ITEM NO. 17 TO: Mayor And Members Of The City Council FROM: Public Works Department SUBJECT: VACATION AND ABANDONMENT OF A PORTION OF OLD NEWPORT BOULEVARD, LOCATED IN THE NEWPORT HEIGHTS AREA RECOMMENDATION: Hold public hearing, close public hearing. 2. If desired, (a) adopt a resolution ordering the vacation and abandonment of a portion of Old Newport Boulevard, and (b) direct the City Clerk to have the resolution recorded by the Orange County Recorder. DISCUSSION: Mr. Vance Collins, the property owner of 486 -488 Old Newport Boulevard, submitted a letter dated October 1, 1998, requesting the vacation of the excess right -of -way on the easterly side of Old Newport Boulevard between Bolsa Avenue and Orange Avenue (see attached letter). Old Newport Boulevard right -of -way is variable in width, having a minimum right- of-way width of 80 feet. The area to be vacated is unused right -of -way located behind the existing sidewalk and outside of the future 80 foot right -of -way required for the Old Newport Boulevard Specific Area Plan. The Southern California Edison Company, Pacific Bell and the Southern California Gas Company have no facilities in the area of Old Newport Boulevard to be abandoned. On June 7, 1999, the City Clerk set the Public Hearing for July 12, 1999, to consider the vacation of the unused portion of Old Newport Boulevard between Bolsa Avenue and Orange Avenue. The subject Old Newport Boulevard right -of -way is unnecessary for present or prospective public street purposes. A Notice of Vacation was published for 2 successive weeks prior to the hearing in the official newspaper of the City of Newport Beach. At least 2 weeks before the day of the hearing, at least three (3) notices of the proposed vacation were conspicuously posted along Old Newport Boulevard, not more than 300 feet apart. The notices stated the day, hour and place of the hearing. SUBJECT: VACATION AND ABANDONMENT OF A PORTION OF OLD NEWPORT BOULEVARD, LOCATED IN THE NEWPORT HEIGHTS AREA July 12, 1999 Page 2 Adoption of the recommended Council resolution will complete the statutory proceedings to vacate and abandon the unused portion of Old Newport Boulevard. Respectfully submitted, t iw P BLIC WORKS DEPARTMENT Don Webb, Director By: if— Dick Hoffstad Development Engineer Attachments: Letter dated October 1, 1998, requesting abandonment of Old Newport Exhibits "A" and 'B" showing location of proposed vacation Resolution for Abandonment 0 is 9 EXHIBIT `A' OLD NEWPORT BOULEVARD VACATION THAT PORTION OF LOT 169 IN BLOCK 2 OF IRVINE'S SUBDIVISION, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAP FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, BEING ALSO A PORTION OF THE "COUNTY HIGHWAY" AS SHOWN ON THE MAP OF TRACT NO. 27, FILED IN BOOK 9, PAGE 26 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 5 IN BLOCK 6 OF SAID TRACT NO. 27, SAID CORNER BEING A POINT ON A NON - TANGENT CURVE, CONCAVE NORTHWESTERLY, WITH A RADIUS OF 1030.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 73002'28" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE AND ALONG THE NORTHWESTERLY LINE OF SAID LOT 5 THROUGH A CENTRAL ANGLE OF 00 008'01 ", AN ARC DISTANCE OF 2.40 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTHEASTERLY ALONG SAID CURVE AND ALONG THE NORTHWESTERLY LINES OF LOTS 5, 6, 7 AND 8 IN SAID BLOCK 6, THROUGH A CENTRAL ANGLE OF 13°02'53 ", AN ARC DISTANCE OF 234.56 FEET; THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE OF LOT 8, NORTH 03 046'39" EAST 10.43 FEET TO A TANGENT CURVE, CONCAVE SOUTHEASTERLY, WITH A RADIUS OF 10.00 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE, NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 76004'33 ", AN ARC DISTANCE OF 13.28 FEET TO A POINT OF TANGENCY ON THE SOUTHEASTERLY LINE OF ORANGE AVENUE, AS SHOWN ON LAST SAID MAP; THENCE SOUTH 79051'12" WEST 14.74 FEET ALONG THE SOUTHWESTERLY PROLONGATION OF SAID SOUTHEASTERLY LINE TO A TANGENT CURVE, CONCAVE SOUTHEASTERLY, WITH A RADIUS OF 15.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 70006'43 ", AN ARC DISTANCE OF 18.36 FEET TO A POINT ON A COMPOUND CURVE, CONCAVE SOUTHEASTERLY, WITH A RADIUS OF 2287.69 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 80 015'31" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03 015'05", AN ARC DISTANCE 129.82 FEET; THENCE SOUTH 06029'24" WEST 97.23 FEET TO A TANGENT CURVE, CONCAVE NORTHEASTERLY, WITH A RADIUS OF 10.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 68 014'36 ", AN ARC DISTANCE OF 11.91 FEET TO THE POINT OF BEGINNING. ENCOMPASSING A COMPUTED AREA OF 4431 SQUARE FEET, MORE OR LESS. ALL AS SHOWN ON EXHIBIT'B' ATTACHED HERETO AND MADE A PART HEREOF. 0 F:1UserslPBW %PMedinaWACATIONbinwdsa.doc 3 A= 70'06'43' O R= 15.00' L= 18.36' A= 76'04'33' OB R= 10.00' L= 13.28' 6= 6814'36' CO R= 10.00' L= 11.91' A= 00.08101' OD R= 1030.00' L =2.40' CIL OLD NEWPORT BOULEVARD PER BK. 135, PG. 173, O.R. EXHIBIT 'B' OLD NEWPORT BOULEVARD VACATION N79'51' 12'E N79 "= 24.70 14.08 ; CAL ORANGE p 1 AVENUE too A S79'$1'tYW 14.74 �, vH 2 V C C Q %v 0 •• B °� ; • NO3.46'39'E H � N•.- L• 10.43' CO 40.5a 1 ^ .• .... _�� << _ o, o 11 n , N ..'.. WESTERLY LINE OF 'COUNTY P, -8 N HIGHWAY PER TRACT NO. 27 CIL 'COUNTY HIGHWAY PER TRACT NO. 27 I N79-5Z 12'E L 17.18' N It V Qi �•-•• CO -1° S28-14� 2 Cc7 tV O) P-� I 17 VY4 0 573' w 4 AVENUE CIL BROAD c/L BOLSA STREET b v n L W AREA TO BE VACATED 1 1 O O p 1 O 3 ••• " "� V C C Q Q 0 Cc7 tV O) P-� I 17 VY4 0 573' w 4 AVENUE CIL BROAD c/L BOLSA STREET b v n L W AREA TO BE VACATED RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach P.O. Box 1768 3300 Newport Boulevard Newport Beach, CA 92658 -1768 above this line for Recorder's use only RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE VACATION AND ABANDONMENT OF A PORTION OF OLD NEWPORT BOULEVARD RIGHT -OF -WAY BETWEEN BOLSA AVENUE AND ORANGE AVENUE (NEWPORT HEIGHTS AREA); 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 Street Vacation Act (Section 8300 et seq. of the Streets & Highways Code) is authorized to vacate portions of public rights-of-way; 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 a portion of this public right -of -way and has determined that the proposed vacation is consistent with the General Plan which shows no future use of right -of -way on any plans and right -of -way is unnecessary for present or prospective public street purposes; and WHEREAS, the City Council of the City of Newport Beach desires to vacate the portion of Old Newport Boulevard, legally described in Exhibit "A" and depicted on the map attached as Exhibit "B ", the vacation to be processed pursuant to the provisions of the Street Vacation Act; and ttrnfs_ 11 .ysUism%pbvAshare&esolutlons %vold newport.doc WHEREAS, the right -of -way is unnecessary for present or prospective public street purposes; and 0 WHEREAS, that at least two (2) weeks before the day set for hearing, notices of the proposed vacation were conspicuously posted along Old Newport Boulevard, with the notices posted not more than three hundred feet (300') apart and a minimum of three (3) notices posted on each street. The notices stated the day, hour, and place of the hearing. NOW, THEREFORE, be it resolved by the City Council of the City of Newport Beach that the portion of street rights -of -way legally described in Exhibit "A ", and depicted on the map attached 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 day of ,1999 ATTEST: CITY CLERK 2 Dennis O'Neil, Mayor Vance P. Collins Z7 i r, r iat, Qf roof JL V 4.r1Yt, Jll VVl . Newport Beach, California 92663 Tel. 714.642.8663 Council Members October I, 1998 City of Newport Beach 3300 Newport Blvd Newport Beach, California 92663 RE: Abandonment of a portion of the public right -of -way. Dear Council Members: With this letter, I request the abandonment of property between the 80' right -of -way and the front property line of the parcels noted. The Traffic Department and the Specific Area Plan both show that intended improvements such as curb, gutter, and sidewalks, are designed in a . manner that would not be effected by this abandonment. Originally, this subject property was part of the parcels that stand to be increased in size, and was abandoned to the city for the purpose of creating "Old Newport Blvd ". During the installation of this road, way back when, a deviation in its course resulted in this "no mans land ", this property that I request to be abandoned. For the last several years, this issue has been in front of the Traffic and Advanced Planning and at the present has had no opposition from those departments. Any fees pertaining to the abandonment of this property will be paid for by the property owners. We would appreciate your immediate consideration concerning this request, as we have tried to resolve this issue for the past three years. Thank you for your consideration. Respgctfull .7 Vallce P. Collins Attachment