The URL can be used to link to this page

Home My WebLink About06 - Summary Vacation of Existing Storm Drain Easement at 121 Harbor Island RoadY I TO: FROM: PREPARED BY: PHONE: TITLE: ABSTRACT: CITY OF NEWPORT REACH City Council Staff Report March 10, 2015 Agenda Item No. 6 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL David A. Webb, Public Works Director- (949) 644 -3330, dawebb@newportbeachca.gov Rodi Almendralo, Civil Engineer (949) 644 -3334 Summary Vacation of Existing Storm Drain Easement at 121 Harbor Island Road The property owner of 121 Harbor Island Road (Owner) is requesting that the City summarily vacate the existing storm drain easement on the property. RECOMMENDATION: a) Adopt Resolution No. 2015 -17, A Resolution of the City Council of the City of Newport Beach Ordering the Summary Vacation of an Existing 5 -Foot Wide Storm Drain Easement at 121 Harbor Island Road (Lot 20 of Tract 3283); and Directing the City Clerk to Record Same with the County Recorder's Office; b) Direct staff to process the summary vacation of said easement; and c) Direct the City Clerk to have the Resolution and summary vacation document recorded by the Orange County Recorder. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: The Owner of 121 Harbor Island Road is requesting that the City summarily vacate an existing 5 -foot wide storm drain easement on the property. As a part of the original tract map in 1957, the City obtained a 5 -foot wide easement on the southerly portion of the property for the installation of a 12 -inch storm drain. In 1993, the City constructed an 18 -inch storm drain on Harbor Island Road which abandoned a 12 -inch storm drain within the storm drain easement on the property. Although this storm drain was abandoned, the storm drain easement remained. a Once this storm drain easement is vacated, the property owner will be able to use the land without any easement restrictions. Pursuant to the California Streets and Highways Code Section 8330 et seq., the City Council may summarily vacate a City easement if the easement is unnecessary for present or prospective storm drain purposes. The proposed summarily vacated easement satisfies the condition of the California Streets and Highways Code since the said easement will not be needed for storm drain purposes. The existing easement to be summarily vacated is legally described in Attachment "A' and shown in Attachment "B" of the attached Resolution. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment A - Resolution for Summary Vacation at 121 Harbor Island Road Attachment B - Location Map Attachment C - Letter from Property Owner M. ATTACHMENT A RECORDING REQUESTED AND WHEN RECORDED RETURN TO: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P.O. BOX 1768 NEWPORT BEACH, CA 92658 Recording Fee: Exempt (Government Code — Section 27383) (Space above this line for Recorder's use) RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE SUMMARY VACATION OF AN EXISTING 5- FOOT WIDE STORM DRAIN EASEMENT AT 121 HARBOR ISLAND ROAD (LOT 20 OF TRACT 3283); 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 Chapter 4 of the California Streets and Highways code (Sections 8330 et seg.), is authorized to summarily vacate public easements; and WHEREAS, the City Council of the City of Newport Beach has received a request from the property owner of 121 Harbor Island Road to summarily vacate a 5- foot wide public storm drain easement legally described in Exhibit "A" and shown in Exhibit "B ": and WHEREAS, the City abandoned a 12 -inch storm drain within said easement at 121 Harbor Island Road in 1993; and WHEREAS, the City, as part of the abandonment, constructed an 18 -inch storm CI�7Ro7'i1:FTiTiMMF1Tl:?@T.To FTiiel 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 summarily vacate the public storm drain easement on this M. property and has determined that the proposed summary vacation is consistent with the General Plan; and WHEREAS, the summarily vacated public storm drain easement is unnecessary for future storm drain purposes as the storm drain was relocated onto Harbor Island Road and there are no other public facilities within said easement; 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. NOW, THEREFORE, be it resolved by the City Council of the City of Newport Beach that the portion of public storm drain easement legally described in Exhibit "A," and depicted on the map attached as Exhibit "B" based on the evidence submitted, that the public storm drain easement has been superseded by the construction of an existing storm drain on Harbor Island Road, and that there are no other public facilities located within the public storm drain easement. By this resolution, the public storm drain easement described in Exhibit "A" and depicted on Exhibit "B" is hereby ordered summarily vacated and abandoned. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to have this resolution recorded by the Orange County Recorder and that from and after the date this resolution is recorded, the portion of the storm drain easement described in Exhibit "A" and depicted on Exhibit "B" shall be summarily vacated and no longer constitute public storm drain easement. Adopted this 10`h day of March, 2015. ATTEST: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation Edward D. Selich Mayor for the City of Newport Beach M EXHIBIT "A" PUBLIC SEWER EASEMENT SUMMARY VACATION LEGAL DESCRIPTION A 5 -foot wide storm drain easement granted to the City of Newport Beach, California, by Tract Map 3283 recorded in Book 101, Pages 33 through 34, of Official Record of Orange County, described as: "The southerly 5 -feet of Lot 20 of Tract 3283 as shown on a map recorded in Book 101, Pages 33 through 34 of Miscellaneous Maps, Records of Orange County, California." M SO4 f 4r VS'STORMDRAIN 11HARBOR R EASEMENT TO BE VACATED y 90 \ \/ 0 q1 Iq 4 FA r. 121 Harbor Island Drive Location Map ATTACHMENT B y FIX f.q 1� J1 r &IIA 0 �mow .! 9w..' CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 03/10/2015 6-7 Donna & David Janes 121 Harbor Island Road Newport Beach CA 92663 949 675 0183 December 2014 Attn: Mr. David Webb, P.W. Director Public Works Department City of Newport Beach 100 Civic Center Drive Newport Beach CA 92660 ATTACHMENT C Regarding: Unused storm drain easement on private property. Request for abandonment Property Legal Description: Lot 20, Tract 3283. APN: 05647121 Mr. Webb We live atthe above address, which has-an-old-storm-drain-easement running along the Southwest property i line, S' wide. The City abandoned.the storm drainpipe years ago. But the City didn't abandon the easerfYent, which is. the City's recommended practice. This is our formal request to have the easement abandoned. The storm drainage for this area was redirected away from our property eliminating the need for the easement We understand that this is an involved process and appreciate your efforts on our behalf. Please don't hesitate to contact us if you have any questions. Sincerely Donna; Janes date M