HomeMy WebLinkAbout16 - Vacation & Abandonment Old Newport Blvd.July 12, 1999
CITY COUNCIL AGENDA
ITEM NO. 17
TO: Mayor And Members Of The City Council COUACILAG OAG
FROM: Public Works Department No
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 Balsa 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 INII 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,
P BLIC WORKS DEPARTMENT
Don Webb, Director
LL
By: 7)4& wonu
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
• 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 13002'53 ", 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 76 004'33 ", 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 79 051'12" 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 70 006'43 ", 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.
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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
Space 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
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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
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WHEREAS, the right -of -way is unnecessary for present or prospective public
street purposes; and
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
F
Dennis O'Neil, Mayor
s
Vence P. Collins
Z7ir, r ism, Cfroof
JL 1 V 1�1"tJ. J \I 44'
• Newport Beach, California 92663
Tel. 714.642.8663
Council Members October 1, 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 depart.nents. 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.
Tctfull
T
vRncp P. Collins
•
Attachment