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Home My WebLink About14 - Vacation of Sewer Easement at 207 Evening Canyon RoadCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 14 July 27, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Iris Lee, P.E. 949 - 644 -3311 ilee@city.newport-beach.ca.us SUBJECT: VACATION OF SEWER EASEMENT AT 207 EVENING CANYON ROAD RECOMMENDATIONS: 1. Hold public hearing, close public hearing. 2. If desired, adopt Resolution No. 2004 - ordering the vacation and abandonment of the 5 -foot wide sewer easement located on Lot 123, Tract 1116 as described in Exhibit "A" and depicted in Exhibit "B ". 3. If desired, direct the City Clerk to have the Resolution recorded in the Office of the County Recorder. DISCUSSION: The subject easement to be vacated is a 5 -foot strip in Lot 123, Tract 1116, also known as 207 Evening Canyon Road. As a part of a new single - family residential unit development, the property owner is requesting the abandonment of the existing sewer main /easement. The existing sewer main /easement will be relocated to a location west of the existing main /easement on said lot. A grant of easement for the proposed sewer easement has been prepared and signed by the property owner. It was determined by both Public Works and Utilities Departments that the relocated sewer main /easement location will not reduce the sewer main efficiency or result in a negative impact to the public. The existing sewer easement to be vacated and abandoned is described in Exhibit "A" and depicted in Exhibit "B ". On June 28, 2004, the City Clerk set the Public Hearing for July 27, 2004 to consider the proposed vacation at Lot 123, Tract 1116. A Notice of Vacation was published for two successive weeks from July 9 to July 16, 2004 in the Daily Pilot. Three notices of the proposed vacation were posted to the easements on Evening Canyon Road on June 29, 2004. The Notices stated the day, hour, and place of the hearing. SUBJECT: Vacation of Sewer Easement at 207 Evening Canyon Road July 27. 2004 Page 2 the proposed vacation were posted to the easements on Evening Canyon Road on June 29, 2004. The Notices stated the day, hour, and place of the hearing. Adoption of the recommended Council Resolution will complete the statutory proceedings required to vacate and abandon said easement. Environmental Review: This project is statutorily exempt from environmental review pursuant to Section 15282 (1) of the CEQA guidelines. Prepared by: ± eiglee, P.E. Junior Civil Engineer Submitted by: Badum s Director Attachments: Resolution Exhibit "A" — Legal description of subjec easement Exhibit "B" — Exhibit of subject easement RECORDING REQUESTED AND WHEN RECORDED RETURN TO: City Clerk's Office City of Newport Beach Post Office Box 1768 Newport Beach, CA 92659 -1768 Space above this line for Recorder's use only. RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE VACATION AND ABANDONMENT OF A 5 -FOOT SEWER EASEMENT LOCATED A PORTION OF LOT 123, TRACT 1116, ALSO KNOWN AS 207 EVENING CANYON ROAD; 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 of the Streets & Highways Code) is authorized to vacate portions of public easements; 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 the 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 a 5- foot sewer easement described as follows: Being a strip of land 5.00 feet wide lying 2.50 feet on each side of the following described centerline: Beginning at a point in the southerly line of said Lot 123 distant north 75 °10'41" west 100.00 feet from the southeasterly corner of said Lot 123; Thence north 22 °30'48" east a distance of 74.06 feet in a direct line to a point in the southerly line of Lot 124 of said Tract No. 1116, said point being distant south 72 °23'44" east 85.46 feet from the southeasterly corner of said Lot 124; The sidelines of said strip shall be lengthened or shortened as to join said southerly line of Lot 124 and said northerly line of Lot 123; Said strip is legally described in Exhibit "A" and depicted on the map 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 utility purposes; and WHEREAS, a Notice of Vacation was published for at least two (2) successive weeks prior to the hearing in a newspaper of general circulation in the City of Newport Beach; and WHEREAS, that at least two (2) weeks before the day set for hearing, Notices of the proposed vacation were conspicuously posted adjacent to the easement, and that three (3) Notices posted not more than three hundred feet (300') apart along Evening Canyon Road. 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 utility easement legally described in Exhibit "A ", and depicted on the map attached as Exhibit "B" are hereby ordered vacated and abandoned. 2 BE IT FURTHER RESOLVED that the City Clerk is hereby directed to have this Resolution recorded by the Orange County Recorder. Adopted this 27" day of July, 2004. ATTEST: CITY OF NEWPORT BEACH, A Municipal Corporation 0 LaVonne Harkless, City Clerk Mayor for the City of Newport Beach F:\ USERS \PBW\Shared \Resolutions \V -Sewer 207 Evening Canyon - Resol.doc 3 EXHIBIT A ABANDONMENT OF SEWER LINE EASEMENT THAT PORTION OF LOT 123 OF TRACT NO. 1116 PER THE MAP THEREOF RECORDED IN BOOK 36, PAGES 19 THROUGH 20 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEING A STRIP OF LAND 5.00 FEET WIDE LYING 2.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT IN THE SOUTHERLY LINE OF SAID LOT 123 DISTANT NORTH 750 10'41" WEST 100.00 FEET FROM THE SOUTHEASTERLY CORNER OF SAID LOT 123; THENCE NORTH 220 30'48" EAST A DISTANCE OF 74.06 FEET IN A DIRECT LINE TO A POINT IN THE SOUTHERLY LINE OF LOT 124 OF SAID TRACT NO. 1116, SAID POINT BEING DISTANT SOUTH 720 23'44" EAST 85.46 FEET FROM THE SOUTHEASTERLY CORNER OF SAID LOT 124 THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED AS TO JOIN SAID SOUTHERLY LINE OF LOT 124 AND SAID NORTHERLY LINE OF LOT 123 SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, AND OTHER EASEMENTS OF RECORD, IF ANY. MORE PARTICULARLY SHOWN ON EXHIBIT B, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. KIMBERLEY A. HOLTZ P.L.S. 7080 EXPIRES 12 -31 9W-- SEWER- LEGALDOC KIM'SCOMPUTER 08-02 -04 Y LS 7080 ) 1 Exp -12 -31 -2006 LEGEND EXHIBIT "B" EIIEN/iyG S7�� 6, 6 w GANYGN Rpq1 LOT 1230RNER POs i .SEZY CORNER 20 LOT 124 `` ----- - - - - -- , i R= 100.00 i L = 40.00, A= 22'55'07" = EASEMENT TO BE ABANDONED , L0; 12, a , , 'N' , --------------- 30 E 3 " 30.2 / a X507'43 ZpS o h l rRAC r 1115 0; ROOK j5, PAGE 19 -20 ;jLOT2J LOT 123 N Z Y UNE $ ✓ LOT 123 & $' 5Z LINE -10 T 122 l LOT 124 ,o h Tai "c LS 7050 ,y" - Pxe. 12-31-2006 1l 'iY c VA(94DMC Engineering SEWER EASEMENT ABANDONMENT jSREET r OF 1 9) Ci"' • Swvey,ng • Planning 207 EVENING CANYON ROAD DATE. 06 -17 -018 Technolop Drive, Suite 100 '''� °' 92945 CITY OF NEWPORT BEACH ln: 930 759 -9999 FAX (949) 759 -9922 i Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, California. Number A -6214, September 29. 1961, and A-24831 June 11, 1963. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a parry to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH - COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: July 9, 16, 2004 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on July 21, 2004 at Costa Mesa, California. Signature NOME OF VACATION Notice is hereby given that the City Council of the City of Newport Beach will consider the vacation of a sewer easement. The vacation process will be con- ducted pursuant to the California Street and Highways Code Section 8300 - Public Sheets, Highways and Service Easements Vacation Law. The sewer ease- ment proposed to be vacated is described below. Those certain ease- ments for sewer pur- poses, 5.00 feel wide, in the City of Newport Beach. County of Or- ange, Slate of California, over a portion of Lot! 123, Tract 1116 and as shown on a map thereof filed in Book 36, Pages 19 through 20 of Mis- ceneous Maps in the Office of the County of Recorder of said County. Said certain easements are described as follows: Being a strip of land '5.00 feel wide lying 2.50 feel on each side of the. 'o l low i ng described :enlerline: Beginning at a point in the southerly line of said -of 123 distant north' 75 °10'41" west 100.00 feel from the south- easterly corner of said Lot 123: Thence north 22 °30'48" easl.a distance of 74.06 feel in a direct line to Lpoint in the southerly line of Lot 124 of said Tract No. 1116, said point being distant south 72 °23'44" east 85.46 feel from the southeasterly corner of said Lot 124; The sidelines of said strip shall be lengthened or shortened as to join said southerly line of Lot 124 and said northerly line of Lot 123. NOTICE IS FURTHER GIVEN HEREBY that the City Council of the City of Newport Beach has set Tuesday, July 27, 2004 at the hour of 7:00 P.M. as the lime, and the Council Chambers as the place for the hearing of all persons interested in /or objecting to the proposed vacation, and said City Council at the same time and place will hear the evidence of- fered by any person interested in the pro - n—pri vacation hereto- Cathy Fisher, Deputy City Clerk for LaVenna M. Harkless City of Newport Beach Published Newport Beach /Costa Mesa Dail) Pilot July 9, 16 2004 F39£