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Home My WebLink About03 - Vacation of Public Safety Easement at 2128 & 2140 Mesa DriveCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 3 November 9, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949 - 644 -3313 or sbadum @newportbeachca.gov SUBJECT: SUMMARY VACATION OF A PUBLIC SAFETY EASEMENT — 2128 AND 2140 MESA DRIVE ISSUE City of Newport Beach Fire Department has requested that the City Council summarily vacate the subject Public Safety Easement as the easement is unnecessary for present or prospective public safety purposes RECOMMENDATION, Adopt Resolution 2010 - ordering the summary vacation of a 30 foot public safety easement over a private alley bounded between Mesa Drive and Birch Street.. DISCUSSION In August of 2008, the owners of 2128 and 2140 Mesa Drive, Lance & Maribeth Tennison and Richard Moriarty, dedicated a public safety easement to provide for emergency ingress, egress, access, and inspection. The public safety easement is 30' wide and overlays a private alley, commonly referred to as "Jackass Alley ", between Mesa Drive and the extension of Birch Street (see attached location exhibit). The City and County are processing an alternative access plan with the affected property owners and the current public safety easement will not be required. The property owners support the recommended summary vacation. ENVIRONMENTAL REVIEW This activity has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). This class of projects has been determined not to have a significant effect on the environment and is exempt from the provisions of CEQA. This activity is also covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment (Section 15061(b)(3) of the CEQA Guidelines. It can be seen with Summary Vacation of a Public Safety Easement -2128 and 2140 Mesa Drive November 9, 2010 Page 2 certainty that there is no possibility that this activity will have a significant effect on the environment and therefore it is not subject to CEQA. PUBLIC NOTICE No public notice is required. FUNDING AVAILABILITY No funding required. Prepared and Submitted by: adum, P.E. Director Attachments: Resolution and Exhibits RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE SUMMARY VACATION OF A 30 -FOOT PUBLIC SAFETY EASEMENT OVER AN ALLEY BOUNDED BETWEEN MESA DRIVE AND BIRCH STREET WHEREAS, the City Council of the City of Newport Beach, pursuant to the provisions of the Public Streets, Highways and Service Easements Vacation Law (Section 8300 et sea. of the Streets & Highways Code), is authorized to vacate public service easements; and WHEREAS, pursuant to Streets & Highways Code Section 8333 (Summary Vacation), the City Council is authorized to vacate a public service easement when the date of dedication is less than five years and more than one year, immediately preceding the proposed vacation and the easement was not used continuously since that date; WHEREAS, A Grant of Easement in Favor of the City of Newport Beach was recorded in the Official Records of the Orange County Clerk- Recorder on August 8, 2008 as Instrument No. 2008000379469 (the `Public Safety Easement'), WHEREAS, the Public Safety Easement granted the City, its officers, employees, agents, contractors and invitees an easement for emergency ingress, egress, access, inspection, testing and incidental purposes on, over and across an approximately 30 -foot wide unimproved road bounded between Mesa Drive and Birch Street as described in Exhibit "A" and depicted on Exhibit "B" attached hereto; and WHEREAS, the City of Newport Beach Fire Department has requested that the City Council summarily vacate the Public Safety Easement as the easement is unnecessary for present or prospective public safety purposes; and (A10- 003571 -1- i I WHEREAS, 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 Public Safety Easement and has determined that the proposed vacation is consistent with the General Plan which shows no future use of easement on any plans; and WHEREAS, the City Council of the City of Newport Beach desires to summarily vacate 30 -foot wide easement bounded between Mesa Drive and Birch Street as described in Exhibit "A" and depicted on Exhibit "B" attached hereto, the vacation to be processed pursuant to the provisions of the Street Vacation Act; and NOW, THEREFORE, be it resolved by the City Council of the City of Newport Beach that the easement 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 and that from and after the date this resolution is recorded the Public Service Easement shall be vacated This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this day of 2010. ATTEST: Leilani Brown, City Clerk (A10- 003571 Keith Curry, Mayor -2- EXHIBIT"A" IN THE CITY OF NEWPORT BEACH. COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING POR'HONS OF LOTS 118 TO 121, INCLUSIVE, OF TRACT 706, AS SHOWN ON A MAP THEREOF. FILED M BOOK 21, PAGE 25 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: F`kV1STRIP OF LAND, 30.00 FEET WIDE, THE SOUTHEASTERLY LINE OF SAID STRIP MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF MESA DRIVE AND CYPRESS STREET, THENCE N 490 22' 19" W ALONG THE CENTERLINE OF MESA DRIVE A DISTANCE OF 310.62 FEET TO THE MOST EASTERLY CORNER OF THE LAND DESCRIBED IN A DEED TO CARLA ZWART BROCKMAN, TRUSTEE, RECORDED FEBRUARY 26, 1998 AS INSTRUMENT # 19980107282, RECORDS OF SAID COUNTY; THENCE S 370 02'3 1" W ALONG THE SOUTHEASTERLY LINE OF SAID INSTRUMENT, 30.06 FEET, TO THE TRUE POINT OF BEGINNING OF THE LAND DESCRIBED HEREIN, THENCE CONTINUING ALONG SAID LINE S 370 02' 31" W 220.00 FEET TO THE MOST SOUTHERLY CORNER OF SAID INSTRUMENT, SAID CORNER REFER-RED TO HEREIN AS POINT "A ". THE SIDE LINES OF SAID SCRIP SHALL BE LENGTHENED OR SHORTENED AS TO INTERSECT THE SOUTHWESTERLY LINE OF MESA DRIVE AND THE SOUTHWESTERLY LINE OF SAID INSTRUMENT. THE BEARINGS SHOWN HEREON ARE BASED ON RECORD OF SURVEY 97 -1078 FILED IN R.S.B. 172, PAGE 27, RECORDS OF SAID COUNTY. }A STRIP OF LAND, 30.00 FEET WIDE, THE NORTHEASTERLY LINE, OF SAID `S RIP NA MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE AFOREMENTIONED POINT "A" IN PARCEI. I, THENCE N 49° 22'19" W ALONG THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN A DEED TO CARLA ZWART BROCKMAN, RECORDED FEBRUARY 26, 1998 AS INSTRUMENT # 19980107282, RECORDS OF SAID COUNTY, 162.10 FEET TO TI IE MOST NORTHERLY CORNER OF THE LAND DESCRIBED IN A DEED TO C.Z. BROCKMAN REVOCABLE TRUST RECORDED MAY 17, 1990 AS INSTRUMENT # 90- 263839, RECORDS OF SAID COUNTY, SAID CORNER REFERRED TO HEREIN AS POINT "B ". THE SIDE LINES OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED AS -10 INTERSECT THE SOUTHEASTERLY LINE OF SAID INSTRUMENT AND THE SOUTHEASTERLY LINE OF THE LAND DESCRIBED IN A DEED TO C. Z. BROCKMAN REVOCABLE TRUST RECORDED MAY 17, 1990 AS INSTRUMENT # 90- 263839, RECORDS OF SAID COLIN'1'Y. PAGE, I A -1 EXHIBIT "A" THE BEARINGS SHOWN HEREON ARE BASED ON RECORD OF SURVEY 97.1078 FILED IN R.S.B, 172, PAGE 27, RECORDS OF SAID COUNTY. MOCK: MR9A STRIP OF LAND, 30,00 FEET WIDE, THE NORTHEASTERLY LINE OF SAID STRIP MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE AFOREMENTIONED POINT "B "IN PARCEL 2, SAID POINT ALSO BEING THE MOST EASTERLY CORNER OF THE LAND DESCRIBED IN A DEED TO CHICAGO TRUST COMPANY OF CALIFORNIA. RECORDED JULY 18, 2000 AS INSTRUMENT' # 20000373866, RECORDS OF SAID COUNTY; THENCE N 49° 22' 19" W ALONG THE NORTHEASTERLY LINE OF SAID INSTRUMENT A DISTANCE OF 162.14 FEET TO THE MOST EASTERLY CORNER OF THE LAND DESCRIBED IN A DEED TO RICHARD A. MORIARTY, RECORDED FEBRUARY 13, 1998 AS INSTRUMENT # 19980083721, RECORDS OF SAID COUNTY. THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED AS TO INTERSECT THE SOUTHEASTERLY LINE OF SAID W STRUMENT # 20000373 86 AND THE SOUTHEASTERLY LINE OF SAID INSTRUMENT # 1998009372I, THE BEARINGS SHOWN HEREON ARE BASED ON RECORD OF SURVEY 97 -1078 FILED IN R.S.H. 172, PAGE 27, RECORDS OF SAID COUNTY. ATTACHED HERETO IS A PLAT LABELED EXHIBIT "B" AND BY THIS REFERENCE MADE A PART HEREOF. END OF DESCRIPTION THIS DOCUMENT, CONSISTING OF 3 PAGES, WAS PREPARED BY ME ON JULY 25, 2001. Sl I.0 Q 4 l.e- w'rs�..p c0 PAUL A. CUOMO, P.L.S. 4136 MY LICENSE EXPIRES 6/30/10 PAGE A -2 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 4 W THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA: BEING THE NORTHEASTERLY 30.00 FEET OF THE LAND DESCRIBED IN A DEED TO RICHARD A. MORIARTY, RECORDED FEBRUARY 13, 1998 AS INSTRUMENT NUMBER 19980083721, RECORDS OF SAID COUNTY. ATTACHED HERETO IS A PLAT LABELED EXHIBIT "B" AND BY THIS REFERENCE MADE A PART HEREOF. THIS DOCUMENT, CONSISTING OF EXHIBITS "A" AND "B" WAS PREPARED BY ME ON JUNE 26, 2008. �uu,�l! .Gad1�zU PAUL A. CUOMO, P.L.S. 4136 MY LICENSE EXPIRES 6/30!10 O n O p30/1a Q. T N0. 4136 FOF CAO\ j A -3 yp• M I I I INSTR..NO. 2003001162343 I' I' LANCE & MARIBETH TENNISON t I, I ay�'pdF � i ,g I ti. 3 o- t X Mn Alu EXHIBIT 088 mm fAmay Lt]471ER OF AobwY Z73 di W t a 3v K h W I g mw POW OF PMW AOM w R E S S STREET ti W 1-.-l� - t w z �i 0 a i I rn �o EXHIBIT "B" I I I 3 S- ,-oZC�N -- 90'0b' I j w N I 00'0£' Z: 00 0 � m I wm 0 z I �I z� I m 0 � I I �I I I� O N ^I J co U N CD 0 :z I �/ Zz 00'0£' I/ .y Iper/ o - - F , I l ArO N �d,� � r2b o /--�` Iq Qz to