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Home My WebLink About14 - Sewer and Water Easements at 1600 E Coast HwyCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 14 May 22, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Rodi Almendralo 949 - 644 -3334 or raimendralo @city.newport- beach.ca.us SUBJECT: VACATION OF AN EXISTING SEWER AND WATER EASEMENT AND ACCEPTANCE OF NEW SEWER AND WATER EASEMENTS AT 1600 EAST COAST HIGHWAY DEVELOPER: The Irvine Company RECOMMENDATIONS: 1. Hold public hearing and close public hearing for the vacation of an existing sewer and water easement. 2. If desired, (a) adopt a Resolution ordering the vacation of an existing sewer and water easement and the acceptance of new sewer and water easements at 1600 East Coast Highway, (b) direct staff to process the vacation and acceptance of said easements, and (c) direct the City Clerk to have the Resolution and easement documents recorded by the Orange County Recorder. DISCUSSION: The Irvine Company, property owner of 1600 East Coast Highway, submitted building plans to construct a new multi -story office building on an existing parking lot site. Part of the development will require the relocation of an existing City 8 -inch water main located in an existing 12 -foot wide sewer and water easement on the property. The City has various widths of sewer and water easements throughout The Irvine Company property to serve the existing office buildings. In order to relocate the existing City 8 -inch water main to accommodate the new office building, a portion of the existing 12 -foot wide sewer and water easement on the property will need to be vacated and a new sewer and water easement will need to be granted to the City. The portion of the sewer and water easement to be vacated and granted to the City are legally described in .Exhibit "A" and shown in Exhibit "B" of the attached Resolution. The Irvine Company will relocate the existing City water main as a part of this development. Vacation of an Existing Sewer and Water Easement and Acceptance of New Sewer and Water Easements at 1600 East Coast Highway May 22, 2007 Page: 2 In addition, The Irvine Company will be granting a new 15 -foot wide sewer and water easement to the City for a new 8 -inch sewer main to be built by The Irvine Company that Will serve their new multi -story building development. Public Notice: Public Hearing Notices were posted along the proposed vacation site on May 8, 2007 and were published in the Daily Pilot. Environmental Review: Pursuant to Section 15301, Existing Facilities — Class I of CEQA Guidelines, the requested vacation is exempt from environmental review. Prepared by: Submitted by: Rodi Almendralo Associate Engineer in G. Badum Works Director Attachments: Resolution Grant of Easement for Sewer and Water Purposes Proposed Site Plan 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 tine for Recorder's use only. RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE VACATION OF A PORTION OF AN EXISTING 12 -FOOT WIDE SEWER AND WATER EASEMENT AND THE ACCEPTANCE OF A RELOCATED 12 -FOOT WIDE SEWER AND WATER EASEMENT AND A NEW 15 -FOOT WIDE SEWER AND WATER EASEMENT AT 1600 EAST COAST HIGHWAY; AND DIRECTING THE CITY CLERK TO RECORD SAME WITH THE COUNTY RECORDER'S OFFICE WHEREAS, the City Council of the City of Newport Beach has received a request from The Irvine Company to relocate an existing 8 -inch water main and install a new 8 -inch sewer main as a part of a new multi -story office building development at 1600 East Coast Highway; and WHEREAS, the City has existing sewer and water easements of various widths at 1600 East Coast Highway; and WHEREAS, the relocation of an existing 8 -inch water main in this easement will involve the abandonment of an existing portion of a 12 -foot wide sewer and water easement and the acceptance of a new 12 -foot wide sewer and water easement; and WHEREAS, the new 8 -inch sewer main will require a new 15 -foot wide sewer and water easement to be granted to the City; and WHEREAS, the City Council of the City of Newport Beach, pursuant to the provisions of the Street Vacation Act (Section 8300 of the Street & 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 and accept easements on the property and has determined that the proposed vacation and acceptance is consistent with the General Plan; and WHEREAS, with the new sewer and water easement, the vacated sewer and water easement is unnecessary for future sewer and water 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 Notices were posted not more than three hundred feet (300') apart along East Coast Highway. 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 sewer and water easements legally described in Exhibit "A" and shown in Exhibit "B" are hereby ordered vacated and abandoned. BE IT FURTHER RESOLVED by the City Council of the City of Newport Beach that the sewer and water easements legally described in Exhibit "A" and shown in Exhibit "B" of the attached Grant of Easement for Sewer and Water Purposes form are hereby accepted. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to have this Resolution and easement documents recorded by the Orange County Recorder. Adopted this 22nd day of May, 2007. ATTEST: City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By: Mayor for the City of Newport Beach f:\usem\pbw\ shared \couneAfy06-07\05- 221water easement vacation -1600 east coast hwy- resolution.doc EXHIBIT "A" PARTIAL ABANDONMENT OF EXISTING WATER EASEMENT THAT PORTION OF PARCEL 1 DESCRIBED IN A "GRANT OF EASEMENTS FOR SEWER & WATER PURPOSES" TO THE CITY OF NEWPORT BEACH RECORDED OCTOBER 26, 1998 AS INSTRUMENT NO. 19980720593 OF OFFICIAL RECORDS, LYING WITHIN PARCEL 3 OF PARCEL MAP NO. 94 -102, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, PER MAP FILED IN BOOK 316, PAGES 3 THROUGH 6, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND ALSO LYING WESTERLY AND SOUTHWESTERLY OF THE FOLLOWING DESCRIBED STRIP: A STRIP OF LAND 12.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: COMMENCING AT POINT "A" ALONG THE CENTERLINE OF SAID PARCEL 1 DESCRIBED IN A "GRANT OF EASEMENTS FOR SEWER & WATER PURPOSES" TO THE CITY OF NEWPORT BEACH RECORDED OCTOBER 26, 1998 AS INSTRUMENT NO. 19980720593 OF OFFICIAL RECORDS; THENCE, ALONG SAID CENTERLINE OF PARCEL 1, NORTH 15 045'00" WEST, 100.00 FEET TO THE POINT OF BEGINNING; THENCE, TRAVERSING THE INTERIOR OF SAID PARCEL 3 OF PARCEL MAP NO. 94 -102, THE FOLLOWING COURSES: NORTH 15 045'00" WEST, 61.32 FEET; NORTH 60 045'00" WEST, 173.48 FEET. ALSO AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND HEREBY MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS -OF -WAY OF RECORD. IF ANY. PREPARED BY: STANTEC CONSULTING INC. UNDER THE DIRECTION OF: JAMES O. STEINES, P.L.S. 6086 REVISED APRIL 19, 2007 APRIL 17, 2007 J.N. 2042 305021 1 OF 1 V:TR0IECl5UM50.MURMArDMLWALW[TY WATER QUITCI.AM(SYME 17- 19).000 EXHIBIT "B" SHEET 1 OF 2 A PORTION OF PARCEL 3 OF PARCEL MAP NO. 94 -102. P.M.B. 316 / 3 -G. IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA PARTIAL ABANDONMENT OF EXI5TING WATER EA5EMENT P M. NO ' P ARGE� 1 152 � 1 ?'2� PMT 3 / h� U O �uP � 141%4 \T N SCALE: P' = 100' INDEX MAP .Q** 2 ! INDICATES SHEET NO. %.00 �'os-L JAMES O. 5mi,i , PL5 GOBG 0 GO 12 NO e \A. 2 P PSG �1 �\ e PAGE PORTION OF \ O.R. 19980720593 TO BE ABANDONED 1 L� 4 Co�� 1 \� PPft L 1 0 1 1 OVA 11 -� ca C04 - w °� 3 ra 0, 11 11 _ Fxp. IWVD7 144.06 8 .04:18 AM PDT EXHIBIT 001599 SHEET 2 OF 2 PARTIAL ABANDONMENT OF EXI5TING WATER EA5EMENT p - e M- N GOAol- -\. 2 P PSG PORTION OF O.R. 19980720593 1 TO BE ABANDONED v N SCALE: 1" = 50' e PSG 3 e M4 8:04:57 AM PDT P.O.G. - STRIP 1 1 o 1v 10\J e �G m PT "A" ARGE� 2 c a N 11 1 j0� 10 111 00 lo� 11 1 PT 'B" 1 � RECORDING REQUESTED AND WHEN RECORDED RETURN TO: CITY OF NEWPORT BEACH CITY CLERK POST OFFICE BOX 1768 Newport Beach, CA 926594768 Recording Fee: Exempt (Government Code — Section 6103) (Space above this line for Recorder's use) GRANT OF EASEMENT FOR SEWER AND WATER PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The Irvine Company L' LAC, a Delaware limited liability company, owner(s) of certain real property described herein situated in the City of Newport Beach, County of Orange, State of Califomia, . hereby grant(s) to the CITY OF NEWPORT BEACH, a municipal corporation, exclusive easements for the construction, reconstruction, operation, maintenance and repair of sewer and water facilities and appurtenances, in, over, under, along, and across said certain real property described in Exhibit "A" and shown in Exhibit "B" which exhibits are made a part of this document. Dated: ka, 8. J100 7 Signature Signature Mark C. Middlebrook Senior Vice President, Project Management Commercial Property Development Investment Properties Group Vincent P. Hayes or Vice President, Finance Commercial 6 Multi - Family Development Investment Properties Group P` ° D W CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange as. On May 8, 2007 before me, Sandra L. Erickson, Notary Public Date - Nane and ride N Olflcer (e.g..'Jane Doe. Notary Pulri4f) personally appeared Mark C. Middlebrook and Vincent P. Hayes Names) Of Signer(a) IPPOO f ') i 4` j • d 10.. t* personally known to me pa va to mn nn iM M�Ncd of s it tnnr n n[P to be the person(s§,whose name(- islareYsubscribed to the within instrument and acknowledged to me that he/she /they executed the same in hie/barkheir authorized capacity ie), and that by hiefker/their signature(s1 on the instrument the person(,, or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seel Above 716�p dA 2 �X eA,,i ! l signem of Notary PWIC OPTIONAL Though the infomladon below is not required by haw, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: City of Newport Beach Grant of Easement Document Date: Signer(s) Other Than Named Above: 8, 2007 Capacity(les) Claimed by Signer(s) Signer's Name: IN Corporate Officer — Title(s): Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: RGHTT7a14T O77Mr Number of Pages: Signer's Name: • Individual • Corporate Officer — Tdle(s): • Partner — ❑Limited ❑General • Attorney in Fact • Trustee • Guardian or Conservator • Other. Signer Is Representing: RIGHT THURISPPINT ... . -OF' SIGNER ....... LE J:\ U, 2�✓ 2�J«✓ 4l✓: �J2\:\:.\_%:\e%':\ :"✓' Cli:\.:`.:\'( C�. 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Ci�/:\•J : \Ji \.)a� %. \:%.�'�: \:YC�3S \: %[\ Si EXHIBIT "A" SEWER AND WATER EASEMENTS THOSE PORTIONS OF PARCEL 3 OF PARCEL MAP NO. 94 -102, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, PER MAP FILED IN BOOK 316, PAGES 3 THROUGH 6, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:' STRIP 1: (WATER EASEMENT) A STRIP OF LAND 12.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: COMMENCING AT POINT "A" ALONG THE CENTERLINE OF PARCEL 1 DESCRIBED IN A "GRANT OF EASEMENTS FOR SEWER & WATER PURPOSES" TO THE CITY OF NEWPORT BEACH RECORDED OCTOBER 26, 1998 AS INSTRUMENT NO. 19980720593 OF OFFICIAL RECORDS, IN SAID OFFICE OF THE COUNTY RECORDER; THENCE, ALONG SAID CENTERLINE OF PARCEL 1, NORTH 15 045'00" WEST, 100.00 FEET TO THE POINT OF BEGINNING; THENCE, TRAVERSING THE INTERIOR OF SAID PARCEL 3 OF PARCEL MAP NO. 94 -102, THE FOLLOWING COURSES: NORTH 15 045'00" WEST, 61.32 FEET; NORTH 60 045'0.0" WEST, 163.32 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "Z "; CONTINUING NORTH 60 045'00" WEST', 10.50 FEET. STRIP 2: (WATER EASEMENT) A STRIP OF LAND 21.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE HEREINABOVE DESCRIBED POINT "Z "; THENCE, SOUTH 29 015'00" WEST, 19.55 FEET. EXCEPING THEREFROM THAT PORTION INCLUDED WITHIN SAID STRIP 1. STRIP 3: (SEWER EASEMENT) A STRIP OF LAND 15.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: COMMENCING AT POINT "B" ALONG SAID CENTERLINE OF PARCEL 1 DESCRIBED IN A "GRANT OF EASEMENTS FOR SEWER & WATER PURPOSES" TO THE CITY OF 1 OF 2 V:TROJECM13050.2MI)M rMOC"OALSwrtv WATER -SS ESW(SYMre W6).00C EXHIBIT "A" SEWER AND WATER EASEMENTS NEWPORT BEACH RECORDED OCTOBER 26, 1998 AS INSTRUMENT NO. 19980720593 OF OFFICIAL RECORDS; THENCE, ALONG THE CENTERLINE OF PARCEL 3 DESCRIBED IN SAID "GRANT OF EASEMENTS FOR SEWER & WATER PURPOSES" TO THE CITY OF NEWPORT BEACH RECORDED OCTOBER 26, 1998 AS INSTRUMENT NO. 19980720593 OF OFFICIAL RECORDS, SOUTH 40 °32'33" WEST, 26.64 FEET TO THE POINT OF BEGINNING; THENCE, NORTH 45 053'40" WEST, 207.34 FEET. EXCEPING THEREFROM THAT PORTION INCLUDED WITHIN SAID PARCEL 3 DESCRIBED IN A "GRANT OF EASEMENTS FOR SEWER & WATER PURPOSES" TO THE CITY OF NEWPORT BEACH RECORDED OCTOBER 26, 1998 AS INSTRUMENT NO. 19980720593 OF OFFICIAL RECORDS. ALSO AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND HEREBY MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY. PREPARED BY: STANTEC CONSULTING INC. UNDER THE DIRECTION OF: you"' o. S-�,. JAMES O. STEINES, P.L.S. 6086 APRIL 17, 2007 J.N. 2042 305021 2 OF 2 WATER-SS ESMT(SYME601416) DW EXHIBIT »p» SHEET 1 OF 3 PORTIONS OF PARCEL 3 OF PARCEL MAP NO.. 794 -102, P.M.B. 316 / 3—G, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA SEWER AND WATER EASEMENTS ?coo) P M- x.10- ?won- 1 P M 5' 15 2 1 ?'2C STRIP 2 STRIP 1 ^ 9 y� 4ST \ - \'— STRIP 3'\'\ 0',% N e M- NO 012 qV. G O- 2 P PS SCALE- 1" = 100' INDEX MAP L2 I INDICATES SHEET NO. %00 J cD " L- JAMES 0. STEINES, PLS GOSG let- o� F,cp.12i31%07 * Ha.6<186 9�OFCAUF� 3:51:24 PM PDT JP ►J EXHIBIT "B" SEWER AND WATER EASEMENTS SEE v \ SHEET 3 \ \� \"Soo• \ r�\ I> e�. No. A a cot,- 3 P PS LINE TABLE NO. I BEARING DISTANCE LS 540 32'33 "W 38.86' 4ST 0, \ \-�2 1• \\ \boo STRIP 1 \ \1 i ' 1 }r � P PSG ROD. STRIP 1 ..A.. JpARGE�" 2 V. , o, 0 0t �ro�i In JP 3:52.12 PM PDT P.O.B. - STRIP 3 SHEET 2 OF 3 31� i 12).x�) SCALE= T' = 50' \ ` \ STRIP 3 PT 8� � 5 a t O ARGEL 3 EXHIBIT "B" SEWER AND WATER EASEMENTS ?q'IC)4 152 � 1�'Zo FT ,.Z.. zl. T [s Q\-�.No 1p2 P PS V- 2 G \ 4" '4R � p LINE TABLE NO. I BEARING DISTANC1Ll 529'15'00"W 19.55 P wgo�- SHEET 3 OF 3 N I SCALE, V = 50' 3 \ \o \ °' \ P.O.G. - STRIP 1 31� P �� P� J � � c0 \let- SEE V\projeds\ 13050 .20 \SURMAP\DWG \SYMEO016.dwg 4� I\< ` 5TRIP 3 \\\ SPIFFY � \ 3:53:27 PM POT l�� 1 OF P.O.B. STRIP 1 ..A.. 2 1- \ \ � \O, n 2 , \1 \,