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HomeMy WebLinkAbout18 - Little Balboa Island Vacation & AbandonmentSeptember 13, 1999 CITY COUNCIL AGENDA ITEM NO. 18 SUPPLEMENTAL REPORT TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: VACATION AND ABANDONMENT OF A PORTION OF AN ALLEY BOUNDED BY GRAND CANAL, BALBOA AVENUE, ABALONE AVENUE AND PARK AVENUE (LITTLE BALBOA ISLAND) Attached is a revised Resolution of Abandonment along with Exhibits A and B. The revision provides that existing above ground utility facilities that are in the vacated area will continue to have an easement until they are removed. These facilities are on the easterly side of the alley and will be removed when the undergrounding district is implemented. The undergrounding should be completed in less than two years. Until the undergrounding is completed, the utility companies will have prior rights for their existing facilities. This revision would still allow a second story to overhang the vacated area as long as the structure does not impact the utility company's ability to maintain and operate their existing overhead facilities. Respectfully submitted, PUBLIC WORK DEPARTMENT DON WEBB, DIRECTOR Attachments: Exhibit "A ", Legal description of area to be vacated. Exhibit "B ", Exhibit depicting area to be vacated Exhibit "C ", Resolution of Abandonment \kMIS_1lSYS% Users% PBWlSharedICOUNCIL IFy99.WASeptember -13 \Vac Utdo Island Sup Rpt.doe 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 Recorders use only RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE VACATION AND ABANDONMENT OF A PORTION OF ALLEY RIGHT -OF -WAY BOUNDED BY THE GRAND CANAL, BALBOA AVENUE ABALONE AVENUE AND PARK AVENUE (LITTLE BALBOA ISLAND 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 se q. 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; and WHEREAS, the City Council of the City of Newport Beach desires to vacate the portion of Alley, legally described in Exhibit "A" and depicted on the map attached as on Exhibit "B, the vacation to be processed pursuant to the provisions of the Street Vacation Act; and WHEREAS, the right -of -way is unnecessary for present or prospective public street purposes; and a public utilities easement is reserved for the area below 7.5 feet above alley grade and for above ground utility facilities until such time as these facilities are removed; and WHEREAS, a notice of intention was published for at least two (2) successive weeks prior to the hearing in the official newspaper of the City of Newport Beach; and Revised 9/9/99 WHEREAS, at least 2 weeks before the day set for hearing, notices of the proposed vacation were conspicuously posted along Alley, with the notices posted not more than three hundred feet 300 apart and a minimum of 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 reserving a public utility easement and access easement as shown on exhibit "B" and described in exhibit "A ". BE IT FURTHER RESOLVED that the City Clerk is hereby directed to have this resolution recorded by the Orange County Recorder. Adopted this 13th day of September 1999. ATTEST: CITY CLERK F:wserswewlShareditesaunonsw -UI Island alley.doc Dennis O'Neil, Mayor Revised 9/9/99 EXHIBIT "A" A portion of alley, 25.00 feet wide, in the City of Newport Beach, County of Orange, State of California, portions of which are described in deed to the City of Newport Beach recorded December 10, 1943 in Book 1225, Page 170 of Official Records in the office of the County Recorder of said County. Said portions of alley being vacated are described as follows: The westerly 2.50 feet of that certain strip of land, 7.50 feet wide, as described in said deed, said strip of land lying west of and adjacent to the east line of Lots 3, 4, 5, 6, 7, 8 ,9, 10, 11, 12, 13 and 14 in Block 7 of Section Five, Balboa Island per map thereof filed in Book 8, Page 9 of Miscellaneous Maps in the office of the County Recorder of said County. TOGETHER WITH the easterly 2.50 feet of that certain strip of land, 7.50 feet wide, as described in said deed, said strip of land lying east of and adjacent to the west line of Lots 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 and 26 in said Block 7. RESERVING THEREFROM an easement for public utilities purposes over the vacated area that is below 7.50 feet above alley grade and also reserving a public utility easement for existing above ground utility facilities until such time as those facilities are removed. Revised 9/9/99 J z U 0 z Q r� V NORTH i A 09 0 PARK VICINITY MAP AVE. w Q TV w z O J Q m a L7N Portion of alley to be vacated and reserving an easement for public utilities purposes over the vacated area that is below 7.50 feet above alley grade and also reserving a public utility easement for existing above ground utility facilities until such time as those facilities are re- AVE. moved. EXHIBIT "B" r;� V-S!_ ir VV i P IV64C 4yt 9lf September 13, 1999 CITY COUNCIL AGENDA ITEM NO. 18 TO: Mayor And Members Of The City Council FROM: Public Works Department SUBJECT: VACATION AND ABANDONMENT OF A PORTION OF AN ALLEY BOUNDED BY GRAND CANAL, BALBOA AVENUE, ABALONE AVENUE AND PARK AVENUE (LITTLE BALBOA ISLAND) RECOMMENDATIONS: Hold public hearing, close public hearing. 2. If desired, adopt a resolution ordering the vacation and abandonment of a 2.5 -foot wide strip of right -of -way on both sides of a 25 -foot wide alley on Little Balboa Island bounded by the Grand Canal, Balboa Avenue, Abalone Avenue and Park Avenue as shown in the attached Exhibit "B ". DISCUSSION: On LitUe Balboa Island, the alley between Abalone Avenue and Grand Canal, and 60 feet northerly at Park Avenue and Balboa Avenue is 25 -feet wide. This width is 10 to 15 feet wider than other alleys on the Balboa Islands. It was brought to the attention of the Public Works Department that there are a number of second floor encroachments of 2 to 3 feet into the City s alley right -of -way (8 of 24 lots). Based on these existing encroachments, a request was made for an encroachment permit to allow the construction of a 3 -foot, second floor overhang into the alley. The City's encroachment policies do not allow dwellings to be constructed into the public rights of way. We can find no record of encroachment permits being filed for any of the existing second story alley overhangs. These dwellings were all constructed prior to 1974. The existing 25 -foot separation between the garage doors along the alley is appropriate for easy access to the garages. The City and other utilities also need the present surface and subsurface area in the alley for utilities. To resolve the existing, non - conforming second story encroachments and allow future redevelopment to have up to a 2.5 -foot second story overhang, the Public Works Department is recommending that 2.5 feet of alley be vacated on each side of the alley. To protect the utility companies' ability to install, maintain and replace their facilities, a Utility Easement will be retained over the vacated area. This easement will be 7 feet, 6 SUBJECT: VACATION AND ABANDONMENT OF A PORTION OF AN ALLEY BOUNDED BY GRAND CANAL. BALBOA AVENUE, ABALONE AVENUE AND PARK AVENUE (LITTLE BALBOA ISLAND} September 13, 1999 Page 2 inches high to allow for second story overhangs, but still require a 25 -foot separation between garage doors. The 2.5 -foot alley vacation will increase the buildable area of the adjacent lots by 90 square feet. This will make the buildable area for these lots equal to other 30 foot by 85- foot lots on Little Balboa Island and Balboa Island. This vacation does not change the circulation in the area or the ability to provide utility services and is consistent with the various elements of the General Plan. On August 11, 1999, the City Clerk set the Public Hearing for September 13, 1999, to consider the vacation of a portion of the subject alley right -of -way. Public utility easements will be retained over the portion of the alley to be vacated. The subject alley 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. More than 15 days before the day of the hearing, at least 3 notices of the proposed vacation were conspicuously posted along the subject alley, not more than 300 feet apart. The notices stated the day, hour and place of the hearing. Also letters explaining the vacation were sent to adjoining property owners (copy attached). Adoption of the recommended Council resolution will complete the statutory proceedings to vacate and abandon the unused portion of the subject alley right -of -way and reserve the necessary utility easements. Respectfully submitted V 6 L PUB LIC WORKS DEPARTMENT DON WEBB, DIRECTOR Development Engineer Attachments: Exhibit "A , Legal description of area to be vacated. Exhibit "B", Exhibit depicting area to be vacated Exhibit "C", Resolution of Abandonment f Letter to Adjoining Property Owners F1Users"W% Shared% COUNCIL%Fy994)0%September- 131VAC Little Island.dx EXHIBIT "A" A portion of alley, 25.00 feet wide, in the City of Newport Beach, County of Orange, State of California, portions of which are described in deed to the City of Newport Beach recorded December 10, 1943 in Book 1225, Page 170 of Official Records in the office of the County Recorder of said County. Said portions of alley being vacated are described as follows: The westerly 2.50 feet of that certain strip of land, 7.50 feet wide, as described in said deed, said strip of land lying west of and adjacent to the east line of Lots 3, 4, 5, 6, 7, 8,9,10, 11, 12, 13 and 14 in Block 7 of Section Five, Balboa Island per map thereof filed in Book 8, Page 9 of Miscellaneous Maps in the office of the County Recorder of said County. TOGETHER WITH the easterly 2.50 feet of that certain strip of land, 7.50 feet wide, as described in said deed, said strip of land lying east of and adjacent to the west line of Lots 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 and 26 in said Block 7. RESERVING THEREFROM an easement for public utilities purposes over the vacated area that is below 7.50 feet above alley grade. J a a U AN 61 NORTH r-1 � BALBOA 14 e PARK r-------- LU LLJ Z MO W a VICINITY MAP AVE. AVE. i-- t Portion of alley to be vacated and reserving an easement for public utilities purposes over the vacated area that is below 7.50 feet above alley grade EXHIBIT "B" air Mw/dt N .Mtn. ��ILG WaY D�rW! N� 1lD/ 4l I PARK r-------- LU LLJ Z MO W a VICINITY MAP AVE. AVE. i-- t Portion of alley to be vacated and reserving an easement for public utilities purposes over the vacated area that is below 7.50 feet above alley grade EXHIBIT "B" air Mw/dt N .Mtn. ��ILG WaY D�rW! N� 1lD/ 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 EXHIBIT C Space above this line for Recorder's use only RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE VACATION AND ABANDONMENT OF A PORTION OF ALLEY RIGHT -OF -WAY BOUNDED BY THE GRAND CANAL, BALBOA AVENUE ABALONE AVENUE AND PARK AVENUE (LITTLE BALBOA ISLAND 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 seg. 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; and WHEREAS, the City Council of the City of Newport Beach desires to vacate the portion of Alley, legally described in Exhibit "A" and depicted on the map attached as on Exhibit "B, the vacation to be processed pursuant to the provisions of the Street Vacation Act; and WHEREAS, the right -of -way is unnecessary for present or prospective public street purposes; and a public utilities easement is reserved for the area below 7.5 feet above alley grade; and WHEREAS, a notice of intention was published for at least two (2) successive weeks prior to the hearing in the official newspaper of the City of Newport Beach; and WHEREAS, at least 2 weeks before the day set for hearing, notices of the proposed �. vacation were conspicuously posted along Alley, with the notices posted not more than three hundred feet 300 apart and a minimum of 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 "N', and depicted on the map attached as Exhibit "B" is hereby ordered vacated and abandoned reserving a public utility easement and access easement as shown on exhibit "B" and described in exhibit "A ". BE IT FURTHER RESOLVED that the City Clerk is hereby directed to have this resolution recorded by the Orange County Recorder. Adopted this 13 day of September,1999 ATTEST: CITY CLERK F:wsersw8wlSharedRWduff"%V -U1 Island alley dw 2 Dennis O'Neil, Mayor C1 August 26, 1999 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 NEWPORT BLVD. P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3311 Subject: Alley located between Abalone Avenue and Grand Canal, and between 60 feet northerly at Park Avenue and Balboa Avenue on Little Balboa Island The Little Balboa Island alley located between Abalone Avenue and Grand Canal and 60 feet northerly at Park Avenue and Balboa Avenue is 25 -feet wide and located adjacent to your property at 205 Abalone Avenue. The width is 10 to 15 feet wider than other alleys on the Balboa Islands. A number of homes have second floor encroachments of 2 to 3 feet into the City's alley right -of -way. The City has no record of encroachment permits being filed -for any of the existing second story alley encroachments. To resolve the existing, non - conforming second story encroachments and allow future redevelopment to have up to 2%s feet of second story overhangs, the Public Works Department will recommend to the City Council that 2 feet 6 inches of alley be vacated on each side of the alley. To protect the utility companies' ability to install, maintain and replace their facilities, a utility easement will be retained over the vacated area. This easement will be 7 feet, 6 inches high to allow for second story overhangs, but will require a 25 -foot separation between garage doors. This is the separation that exists today. The 2 feet 6 inches of vacated alley will increase the buildable area by 90 square feet for a 30 foot wide lot. The new buildable area will be equivalent to other 30 foot by 85 foot lots on Little Balboa Island and Balboa Island. The public hearing is scheduled for the City Council meeting of September 13,1999. Until the City Council approves and vacates the alley, no building permits will be issued. If you have any questions concerning this matter, please contact Dick Hoffstadt at (949) 644 -3324. Very truly yours, Richard L. Hoffstadt, P.E. Development Engineer f:\ users% pbvAsharedlcounci "9- 00%september -13U- public notice -vac We island.doc LITTLE BALBOA ISLAND ALLEY VACATION 1 ♦ y Looking south from Balboa Avenue Looking north. Existing overhead utility lines on easterly side of alley. LITTLE BALBOA ISLAND ALLEY VACATION Westerly side of alley