HomeMy WebLinkAbout12 - Vacation and Abandonment 116 KingsNovember 22, 1999
CITY COUNCIL AGENDA
ITEM NO. 12
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: VACATION AND ABANDONMENT OF A 10 -FOOT WIDE SEWER
EASEMENT LOCATED ADJACENT TO THE SOUTHERLY PROPERTY
LINE OF 116 KINGS PLACE (LOT 2, BLOCK E, TRACT 1219), LOCATED
IN THE CLIFFHAVEN AREA
RECOMMENDATIONS:
1. Hold a public hearing, close public hearing.
2. If desired, (a) adopt Resolution No. 99 - ordering the vacation and
. abandonment of the 10 -foot wide sewer easement, and (b) direct the City Clerk to
have the resolution recorded by the Orange County Recorder.
DISCUSSION:
The property owner of 116 Kings Place, Mr. Norbert Clements, submitted a letter, dated
October 5, 1999, requesting the sewer easement be vacated as the sewer line located
within the easement serves only his property. Mr. Clements has requested that the
easement be vacated and the sewer line made private so that he can construct stairs,
decks and other encroachments within the existing easement area proposed to be
abandoned (see attached letter).
The portion of sewer lateral located within the City's right -of -way is normally maintained
by the City, with the portion on private property maintained by the property owner. Mr.
Clements has agreed to construct a sewer cleanout at the property line in conformance
with City standards if the City approves the vacation.
The Utilities Division has reviewed Mr. Clement's proposal and supports the vacation.
On November 4, 1999, the City Clerk set the Public Hearing for November 22, 1999, to
consider the vacation of the sewer easement.
E
SUBJECT: Vacation and Abandonment of a 10 -Foot Wide Sewer Easement Located Adjacent to the Southerly Property Line of
116 Kings Place (Lot 2, Block E, Tract 1219) Located in the Cliffhaven Area
November 22, 1999
Page 2
Adoption of the recommended Council resolution will complete the statutory proceedings
to vacate and abandon the sewer easement (see attached Exhibit).
An exhibit is attached for reference.
Respectfully submitt ,
a O(�RRKKSS DEPARTMENT
DON WEBB, DIRECTOR
By:
Richard Hoff tadt
Development Engineer
Attachments: Letter dated October 5, 1999
Exhibit "A"
Exhibit "B"
Resolution
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NORBERT CLEMENTS
#8 Rue Viilars
Corona Del Mar, California 92662
October 5, 1999
Michael J. Sinacori, P.E.
Utilities Engineer
City of Newport Beads
3300 Newport Boulevard
Newport Beach, California 92658 -8915
RE: Vacating of 10' Sewer Easement on Southerly
Property Line of Property located at 116 Kings Place
or Lot 2 of Your Field Book #518, Newport Beach
Dear Mr. Sinacori:
Being the record owner of the above referenced property, I hereby request lhe> v.ac ;alior r
of said sewer easement.
Please advise me of the proper forms 1 must sign or prepare to complete this vacation.
If you have any questions, please call me at (949) 759 -0988 or contact ruy architect,
John Wells at (949) 660 -8640.
I appreciate this being o)(pedited as soon as possible for wP are ready to start
construction.
Cordially,
Norbert Clements
NC:so
E
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
RESOLUTION NO. 99-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH ORDERING THE VACATION AND ABANDONMENT OF A 10
FOOT SEWER EASEMENT ALONG THE SOUTHERLY PROPERTY
BOUNDARY OF 116 KINGS ROAD (LOT 2, BLOCK E, TRACT 1219) IN
THE CLIFFHAVEN 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 sec, of the Streets & Highways Code) is authorized to
vacate portions of public easements; and
L
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 easement 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 sewer
easement located along the southerly property boundary of 116 Kings Place, 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
WHEREAS, the easement is unnecessary for present or prospective public sewer
purposes; and
WHEREAS, a notice of intention was published for at least 2 successive weeks prior to
the hearing in the official newspaper of the City of Newport Beach; and
. WHEREAS, that at least 2 weeks before the day set for hearing, notices of the proposed
vacation were conspicuously posted on Kings Place and Dover Drive, with the notices posted
not more than 300 feet 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.
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
■
Dennis O'Neil, Mayor
f :\userslpbw\sharedtresolutionsly -116 kings plamdoc
EXHIBIT "A"
That certain sewer easement, 10.00 feet wide, in the City of Newport Beach,
County of Orange, State of California, described in deed to the City of
Newport Beach recorded December 18, 1985 as Document No. 85- 507189 of
Official Records in the office of the County Recorder of said County more
particularly described as follows:
That portion of Lot 2, Block "E ", Tract No. 1219 per map thereof filed in Book
38, Pages 26 and 27 of Miscellaneous Maps in the office of the County
Recorder of said County lying within a strip of land being described as
follows:
Commencing at the southwesterly corner of said Lot 2; thence S 77 020'10" E
along the southerly line of said lot a distance of 92.00 feet to the True Point of
Beginning; thence continuing S 77 020'10" E along said southerly line to the
westerly line of Dover Drive as shown on Right of Way Map No. 25492 -C on
file in the Department of Transportation of the State of California. is
The northerly line of said strip of land being parallel with and 10.00 feet
northerly, measured at right angles, from said southerly line of said Lot 2.
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' ''..6.,.--- -.'",�M- - EASEMENT TO BE VACATED
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