HomeMy WebLinkAbout24 - 431 Dahlia Avenue - Vacation of Storm DrainCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 24
May 27, 2008
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
David Keely
949 - 644 -3349 or dkeely @city.newport - beach.ca.us
SUBJECT: Vacation of a Storm Drain Easement at 431 Dahlia Avenue
OWNER: Christina Kaviani, NSC Enterprises Inc.
Recommendations:
1. Hold public hearing, close public hearing.
2. Adopt a Resolution ordering the vacation of a 10 -foot wide storm drain easement
at 431 Dahlia Avenue as described in Exhibit "A" and depicted in Exhibit "B ",
direct staff to process the vacation, and direct the City Clerk to have the
Resolution recorded by the Orange County Recorder.
Discussion:
The property owner of 431 Dahlia Avenue, Christina Kaviani, submitted a request for
the City to vacate and abandon an existing 10- foot°wide storm drain easement that runs
through the rear of the property. Ms. Kaviani has made this request to fully use this
property for the construction of a new residential duplex.
Currently, there is a 30 -inch reinforced concrete pipe (RCP) storm drain in the existing
10 -foot wide easement that is abandoned in place. The storm drain easement that runs
along 433, 435 and 437 Dahlia Avenue, immediately east of the proposed easement
vacation, was quit claimed by the City on July 10, 1974 and recorded by the County
Records Office as document OR11197/1937.
Public Notice:
Public Hearing Notices were posted along the proposed vacation site on May 12, 2008
and were posted in the Daily Pilot.
Vacation of a Storm Drain Easement at 431 Dahlia Avenue
May 27, 2008
Page 2
Environmental Review:
Pursuant to Section 15305, Minor Alterations in Land Use Limitations — Class V of
CEQA Guidelines, the requested vacation is exempt from environmental review.
Prepared by: Submitted by:
David Keefy / Sfep ry,�. Badum
Senior Civil Enain(eer lic0 orks Director
Attachments: Letter from Property Owner 431 Dahlia Avenue
Resolution
Exhibit "A" — Storm Drain Easement Vacation Legal Description
Exhibit "B" — Storm Drain Easement Map
NSC ENTERPRISES INC.
P.O. BOX 982
CORONA DEL MAR CA 92625
(949) 675 -6218
9126107
TO: Steve Badum
Director of Public Works
City of Newport Beach
Re: Abandonment Of Easement(s)
At: 431 Dahlia Ave.
Corona Del Mar CA 92625
With this letter we request that the City of Newport Beach abandon any and all existing
storm drain easements that encumber the property in question.
Preliminary discussion with Mr. Dave Keeley suggests that all lines originally located
within said easements have, in fact been relocated therefore creating an undue hardship
on the property.
Thank you for your consideration.
Sincere
Ms. Christ' aviani, CEO
NSC ENTERPRISES INC.
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. 2008-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH ORDERING THE VACATION OF A 10 -FOOT STORM DRAIN
EASEMENT LOCATED AT 431 DAHLIA AVENUE; 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 to vacate a 10 -foot wide storm drain easement legally described in Exhibit "A".
and shown in Exhibit "B "; and
WHEREAS, an existing 30 -inch reinforced concrete pipe (RCP) storm drain in
this easement is abandoned in place; 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 the easement and has determined that the proposed
vacation is consistent with the General plan; and
WHEREAS, the easement is unnecessary for present or future storm drain
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 Dahlia
Avenue. 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 storm drain easement legally described in Exhibit "A" and
shown in Exhibit "B" are 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 the 27th day of May, 2008.
ATTEST:
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Mayor
for the City of Newport Beach
EXHIBIT "A" PAGE 1 OF 2
STORM DRAIN EASEMENT VACATI ❑N
LEGAL DESCRIPTI ❑N
RdM Surveying Inc
23016 Lake Forest Drive #409
Laguna Hills, CA 92653 ADDRESS OF PROJECTi 431 DAHLIA AVE.
(949) 858 -2924 CORONA DEL MAR, CA
RDMSURVEYING2COXINET DATEi 01/28/2008
OWNERi NSC ENTERPRISES INC.
jffr]-7TIJF, ?, M'11 I
LOT U AND NMMEASTMY 14 FEET W LOT 9, BLACK 43L OF COMM ML HAR TRACT,
EUX" TW NO"W.MTERLY 3 FEET lF THE NORTHVESTEILY BA FEET OF LOT IL
lid pl,:ml v]
QF VAY
PAGE 409 lF OFFDCIK RECORDS,
14 FEET 13F LOT 9, BLACK 43L
SHOWN UKH A NAP ROCORDED
DS OF ORANTf CMMTY, CALffOOOA
N, OF A PIPE LDE TO CMN"
OVER THE PROPERTY FEREDUFTER
AND REPLACM SAID PIPE LDE
it til ] I 4 V11 1 1 I i.;.'II it][.] ]" I
A PD ff Dt THE IQtTFEASTERLY LDE OF LOT 11 OF
SOUTH 3V EAST AND DISTANT 39.00 FEET FROM THE I
d' EST AA RW&4 EET F T AN DE R=
V
LY LW W SAID LOT 1L SAD) P=ff OF BtTOW=
? IIA M 1 ]' 1 « I� ]'w�] II •
1
SMELM OF SAID STRIP SHALL BE LENSTHEIED Ott SHORTEIED SO AS T COINENCE
IN SAID WORTtESTERLY LDE OF SAID LOT 11 AND .TE NMTHMESTMY AND SOUTHVESTERLY
LDE OF SAID NORTHEASTERLY 14 FEET OF LOT A
�_ jAON Mf:OEM,�,
4.Oate 9/3p'm#
k NO. 4653
EXHIBIT NBa PAGE 2 OF 2
STORM DRAIN EASEMENT VACATION
MAP
RdM Surveying Inc
23016 Lake Forest Drive #409 ADDRESS OF PROJECTi 431 DAHLIA AVE.
Laguna Hitts, CA 92653 CORONA DEL MAR, CA
RDMS UR V EYING2COX.NET 858-2924 DATEi 01/28/2008
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4t1909413-0-1m
No. 4853
NOTICE OF VACATION
Notice is hereby given that the City Council of the City of Newport Beach will consider the
vacation of a storm drain easement. The vacation process will be conducted pursuant to the
California Street and Highways Code Section 8300 — Public Streets, Highways and Service
Easements Vacation Law. The storm drain easement proposed to be vacated is described
below.
Parcel 1 - Street Address — 431 Dahlia Avenue
A right of way easement, as recorded in Book 2596, Page 409 of Official Records, 10 feet in width,
over Lot 11 and the northeasterly 14 feet of Lot 9, Block 431, Corona del Mar Tract, as said tract is
laid out and shown upon a map recorded in Miscellaneous Maps, Book 3, Page 41 and 42, Records
of Orange County, California for the purpose of erection, laying and construction, of a pipe line to
convey storm water with the right of going in, under and over the property hereinafter described, for
the purpose of repairing, maintaining, and replacing said pipe line in, over and under described
center line as follows:
Being five (5) feet on each side of the following described center line:
Beginning at a point in the northeasterly line of Lot 11 of said Block 431, Said point being South 500
East and distant 39.00 feet from the most northerly comer of said Lot 11, said point also being the
true point of beginning, thence South 81 018'31" West a Distance of 39.94 feet to an intersection
with the southwesterly line of said Lot 11, said point of the intersection being South 500 East and
distant 12.64 feet from the most westerly corner of said Lot 11, thence continuing South 81 °18'31"
West a distance of 3.99 feet to an angle point, thence South 87 033'50" West a distance 13.55 feet
to an intersection with the northwesterly line of said Lot 9, said point of intersection being South 400
West and distant 12.14 feet from the most northerly corner of said Lot 9.
Sidelines of said strip shall be lengthened or shortened so as to commence in said northeasterly line
of said Lot 11 and the northwesterly and southwesterly line of said northeasterly 14 feet of Lot 9
NOTICE IS FURTHER GIVEN HEREBY that the City Council of the City of Newport Beach has
set Tuesday, May 27, 2008 at the hour of 7:00 P.M. as the time, and the Council Chambers as
the place for the hearing of all persons interested inlor objecting to the proposed vacation,
and said City Council at the same time and place will hear the evidence offered by any
person interested in the proposed vacation heretofore described.
LaVonne M. Harkless, City Clerk
City of Newport Beach
NOTICE OF
VACATION
Notice is hereby given that the City Council of the City of Newport Beach will consider the
vacation of a storm drain easement. The vacation process will be conducted pursuant to the
California Street and Highways Code Section 8300 — Public Streets, Highways and Service
Easements Vacation Law. The storm drain easement proposed to be vacated is described
below.
Parcel 1 - Street Address — 431 Dahlia Avenue
A right of way easement, as recorded in Book 2596, Page 409 of Official Records, 10 feet in width,
over Lot 11 and the northeasterly 14 feet of Lot 9, Block 431, Corona del Mar Tract, as said tract is
laid out and shown upon a map recorded in Miscellaneous Maps, Book 3, Page 41 and 42, Records
of Orange County, California for the purpose of erection, laying and construction, of a pipe line to
convey storm water with the right of going in, under and over the property hereinafter described, for
the purpose of repairing, maintaining, and replacing said pipe line in, over and under described
center line as follows:
Being five (5) feet on each side of the following described center line
Beginning at a point in the northeasterly line of Lot 11 of said Block 431, Said point being South 500
East and distant 39.00 feet from the most northerly corner of said Lot 11, said point also being the
true point of beginning, thence South 81 018'31" West a Distance of 39.94 feet to an intersection
with the southwesterly line of said Lot 11, said point of the intersection being South 50° East and
distant 12.64 feet from the most westerly corner of said Lot 11, thence continuing South 81018'31"
West a distance of 3.99 feet to an angle point, thence South 87 033'50° West a distance 13.55 feet
to an intersection with the northwesterly line of said Lot 9, said point of intersection being South 400
West and distant 12.14 feet from the most northerly corner of said Lot 9.
Sidelines of said strip shall be lengthened or shortened so as to commence in said northeasterly line
of said Lot 11 and the northwesterly and southwesterly line of said northeasterly 14 feet of Lot 9
NOTICE IS FURTHER GIVEN HEREBY that the City Council of the City of Newport Beach has
set Tuesday, May 27, 2008 at the hour of 7:00 P.M. as the time, 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 offered by any
person interested in the proposed vacation heretofore described.
aV nne M. Harkless, City Clerk
City of Newport Beach
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
party 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:
May 17, 19, 2008
I declare, under penalty of perjury, that
the foregoing is true and correct.
Executed on May 19, 2008 at
Costa Mesa, California.
•
NOTICE OF VACATION
Notice is hereby given
that the City Council of
the City of Newport
Beach will consider
the vacation of a
sterol drain casement.
The v citian process
will be conducted pur-
suant to the California
Street and Highways
Code Section 8300 -
Public Streets, High-
ways and Service
Easements Vacation
Law. The storm drain
easement proposed to
be vacated is de-
scribed below.
Purul 1 - Street Ad
dress - 431 Dahlia Ave-
nue
A right of way ease-
ment, as recorded in
Book 2596, Page 409 of
Off icial Records, 10 feet
in width, over Lot 11
and the northeasterly
14 feet of Lot 9, Black
431. Corona del Mar
Tract, as said tract is
laid out and shown
upon a map recorded In
Miscellaneous Maps,
Book 3, Page 41 and 42,
Records of Orange
County, California for
the purpose of erection,
laying and construction,
of a pipe line to convey
storm water with the
right of going in. under
and over the property
hereinafter described.
for the purpose of re-
pairing, maintaining,
and replacing said pipe
line.in, over and under
described center line as
follows:
Being five (5) feet on
each side of the follow-
ing described center
line:
Beginning at a point in
the northeasterly line of
Lot 11 of said Block
431, Said point being
South 501 East and dis-
tant 39.00 feet from the
most northerly corner
of said Lot 11. said
Jy
point also being the true
point of beginning
thence South 8P 18'3"
West a Distance of
39.94 feet to an inter-
section with the
southwesterly line of
said Lot 11, said point
at the intersection being
South 50 East and
distant 12.64 feet from
the most westerly cor-
ner of said Lot 11,
thence continuing South
81" 18'31" West a dis-
tance of 3.99 feet to an
angle point, thence
South 87° 33'50 ' West
a distance 13.55 feet to
an intersection with the
northwesterly line of
said Lot 9, said point of
intersection being South
40- West and distant
1214 feet from the
most northerly corner
of said Lot 9.
Sidelines of said strip
shall be lengthened or
shortened so as to Core
mence 1n said'
northeasterly line of
said Lot 11 and the
northwesterly and
southwesterly line of
said northeasterly 14
feet of Lot 9
NOTICE IS. FURTHER
GIVEN HEREBY that
the City Council of the
City of Newport Bench
has set Tuesday, May
27, 2008 at the hour
of 7:00 P.M. as the
tlme, and the Council
Chambers as the Place
for the hearing of all
persons interested in/
or oblecting to the
proposed vacation,
and sold City Council
at the some time and
place will hear the evl-
dome offered by any
person interested in
the proposed vacatfan
haretolore described.
LoVonne M. Harkless,
City Clerk
City of Newport Beach
Published Newport
Beach /Costa Mesa Daily
Pilot May 17. 19, 2008
SaM497