HomeMy WebLinkAbout09 - Summary Vacation of Existing Sewer Easement at 128 Kings PlaceCTY OF
F
NEWPORT BEACH
" City Council Staff Report
June 23, 2015
Agenda Item No. 9
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director- (949) 644 -3330,
dawebb @newportbeachca.gov
PREPARED BY: Kathryne Cho, Civil Engineer
PHONE: (949) 644 -3014
TITLE: Summary Vacation of Existing Sewer Easement at 128 Kings Place
ABSTRACT:
The property owners of 128 Kings Place (Owners) are requesting that the City summarily vacate an
existing 10 -foot wide sewer easement (Easement) within the property at 128 Kings Place.
RECOMMENDATION:
a) Adopt Resolution No. 2015 -58, A Resolution of the City Council of the City of Newport Beach,
California, Ordering the Summary Vacation of an Existing 10 Foot Wide Sewer Easement at 128 Kings
Place (Lot 9 of Block D, Tract 1219) 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 documents recorded by the Orange
County Recorder.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
A new home construction project is located at 128 Kings Place. There is an existing 6" City sewer and
sewer easement that crosses the property which the Owners are now requesting the City to summarily
vacate. During the plan check process, the Owners proposed relocating the existing 6" sewer main to
increase the property's buildable area.
As part of the allowance to relocate the sewer main, the owners were conditionally approved with the
requirement that the existing City easement across their property be vacated. In accordance with the
conditions and as part of their project, the Owners granted the City a new 10 -ft wide sewer easement and
9 -1
main. The old 6 -inch sewer main that crossed their property was then abandoned in place within the
existing easement (see Attachment B — Map of easement to be vacated).
According to City records and the Wastewater Master Plan, there are no other active City utilities nor are
there future plans to build within said Easement. Pursuant to the California Streets and Highway Code
Section 8333, the City Council may summarily vacate a City easement if any of the following conditions
exist: (a) The easement has not been used for the purpose for which it was dedicated or acquired for five
consecutive years immediately preceding the proposed vacation; (b) The date of dedication or acquisition
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; or (c) The easement has been superseded by
relocation, or determined to be excess by the easement holder, and there are no other public facilities
located within the easement. The proposed sewer easement to be summarily vacated satisfies the
previously mentioned condition (c) of the California Streets and Highways Code. The existing easement to
be summarily vacated is legally described in Exhibit "A" and shown in Exhibit "B" of the attached
Resolution. Staff recommends the vacation of this easement that is no longer needed.
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 - Area Mao
Attachment B - Mao of Easement to be Vacated
Attachment C - Grant of Easement (O.R. 2013000409091)
Attachment D - Resolution
M
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ATTACHMENT A
COAST HWY W
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CITY OF NEWPORT BEACH
128 KINGS PLACE PUBLIC WORKS DEPARTMENT
AREA MAP MAY 26, 2015
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KINGS RD <?i
COAST HWY W
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CITY OF NEWPORT BEACH
128 KINGS PLACE PUBLIC WORKS DEPARTMENT
AREA MAP MAY 26, 2015
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128 KINGS PLACE
EASEMENT TO BE VACATED
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
MAY 26, 2015
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ATTACHMENT C lr
RECORDING REQUESTED AND TwCoorded in Official Records, Orange County
WHEN RECORDED RETURN T(?�; ,': 15 t 10: � Illlll11�111l1 III 11�11111111111111111jj�JI �J�I1 $111111 1�1111111 11111I NO FEE
*$ R 0 0 0 6 0 1 4 4 1 6$
CITY OF NEWPORT BEACH - = -
�` 20130004090912:12 pm 07/08/13
CITY CLERK ;,_• .,; - . __ 47 422 E01 5
P.O. BOX 1768 :000 0.00 0.00 0.00 12.00 0.00 0.00 0.00
Newport Beach, CA 92658 -1768
!�
Recording Fee: Exempt (Space above this line for Recorder's use)
(Government Code - Section 6103)
GRANT OF EASEMENT FOR
SANITARY SEWER LINE PURPOSES
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Hazem H.
and Nadine T. Haddad, owners of certain real property commonly known as 128 Kings Place
in the City of Newport Beach, County of Orange, State of California, hereinafter referred to as
"OWNERS," hereby grant to the CITY OF NEWPORT BEACH, a California Municipal
Corporation and Charter City, hereinafter referred to as "CITY," an exclusive easement for
sanitary sewer purposes and the construction, re- construction, relocation, operations,
maintenance and repair of sewer mains, 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:
Signature
Print Name Haz—&njH. Haddad
OWNER
Signature
Print Name Nadine T. Haddad
OWNER
�ID
ATTACHMENT C
ACKNOWLEDGMENT
State of California
County of ss.
On D(, - 14 - 2-0 t3 before me, GHR,S-MAMUL scu,r sutA,eA,J Notary
Public, personally appeared tQ4o1ui I+ApoAo� NA2Er, RAJCIA0
,who
proved to me on the basis of satisfactory evidence to be the personw whose name(s) Ware
subscribed to the within instrument and acknowledged to me that he /she /they executed the
same in his/her/their authorized capacity(ies), and that by hisffier /their signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
lgnature
ACKNOWLEDGMENT
State of California
County of ) ss.
On
Public, personally appeared
before me,
0 CHRISTOPHER SCOTT SHIRRAN
Commission # 1----
a =,s Notary Public - California z
-' Orange County s
"" My Comm. Expires Sep 26.2014
(seal)
Notary
,who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the
same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
M.
ATTACHMENT C
BEING THAT PORTION OF LOT 9 OF BLOCK D, TRACT 1219 IN THE CITY OF NEWPORT BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED IN BOOK 38, PAGES 26 AND 27 OF
MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THE SOUTHERLY 10.00 FEET OF THE EASTERLY 146.00 FEET OF SAID LOT 9.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
rVWSOC &
SOCIATES
CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS
2552 WHITE ROAD, SUITE B -IRVINE, CA 92614 -6236
(949) 660 -0110 PAX: 660 -0418
" No. 7914
Exp. 12 -31 -13
EXHIBIT "A"
LEGAL DESCRIPTION
FOR SEWER EASEMENT
W.O.No. 1697- 369 -002
Engr. J.W. Chk'd. J.W.
Date 04/02/2013
Sheet 1 of 2
CURVE TABLE
CURVE
DELTA
RADIUS
LENGTH
Cl
9°00'OC"
180.00'
1 28.27'
ATTACHMENT C
LINE TABLE
LINE
BEARING
DISTANCE
L7
N 10° 57' 00" W
21.44'
L2
N 210 36' 30" W
85.00'
u
SCALE 1 " =50'
ALDEN &
SSOCIATES
CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS
2552 WHITE 120AD, SUITE B IRVINE, CA 92614 -6236
(949) 660 -0110 FAX: 660 -0418
V No. 7914
Exp. 12 -31 -13
EXHIBIT "B"
SKETCH FOR SEWER EASEMENT
W.O. No. 1697- 369 -002
Engr. J.W. Chk'd. J.W.
Date 04/02/2013
Sheet 2 of 2
M
ATTACHMENT C
CERTIFICATE OF ACCEPTANCE
This CERTIFICATE OF ACCEPTANCE is to certify that the interest in real property
conveyed by Grant of Easement at 128 Kings Place from HAZEM H. AND NADINE T.
HADDAD, as Grantor and the City of Newport Reach, a_ California municipal
corporation, as Grantee, is hereby accepted on j u e 2V , 2013, by the
undersigned officer on behalf of the City of Newport Beach pursuant to authority
conferred by Resolution No. 1992 -82 of the City Council adopted on July 27, 1992. The
City consents to the recordation of said document in the Office of the Recorder of
Orange County, State of California.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: S Ilf-//3
By: l Fa r
Aaron C. Harp
City Attorney h�
ATTEST:
Date: IT Z' I 3
By: a& J.
Leilani I. Brown
City Clerk
State of California )
County of ORANGE )
CITY OF NEWPORT BEACH
A California municipal corporation
Date:
By: c� G.,f
Dave Kiff"
City Manager
RECOMMENDED FOR ACCEPTANCE:
PUBLIC WORKS rD�EPARTMENT
Date�� O
David A. Webb
Public Works Director
On J Uh e 1?, ,2oP -22 before me, Ki i ✓t �t Notary
Public, personally appeared DAVE KIFF, who proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity(ies), and that by his
signature on the instrument the person, or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature/ aIEFF Commission # 1967536
(Seal) Notary Public - California i
// Orange County »
M Comm. _x Tres Jan 26, 2016'
C
ATTACHMENT D
RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
PUBLIC WORKS DEPARTMENT
CITY OF NEWPORT BEACH
POST OFFICE BOX 1768
NEWPORT BEACH, CA 92659 -1768
Space above this line for Recorder's use only.
RESOLUTION NO. 2015-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH ORDERING THE SUMMARY VACATION OF AN EXISTING 10
FOOT WIDE SEWER EASEMENT AT 128 KINGS PLACE (LOT 9 OF
BLOCK D, TRACT 1219) 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 Public Streets, Highways and Service Easements Vacation Law
(Section 8330 et seq. of the Streets & Highways Code), is authorized to vacate public
service easements; and
WHEREAS, pursuant to Streets & Highways Code Section 8333 (Public service
easement; vacation), the City Council is authorized to vacate a public service easement
when the easement has been superseded by relocation, or determined to be excess by
the easement holder, and there are no other public facilities located within the
easement;
WHEREAS, the City Council of the City of Newport Beach has received a
request from the property owner of 128 Kings Place to summarily vacate a 10 -foot
easement legally described in Exhibit "A" and shown in Exhibit "B "; and
MR
WHEREAS, in 2013, the property owner granted, to the City, a new 10 -foot wide
sewer easement along the property's southerly property line; and
WHEREAS, in 2014, the property owner constructed a new 6 -inch sewer main
within the new 10 -foot easement and connected to a manhole along Dover Drive
thereby rerouting the sewer system; and
WHEREAS, there are no public facilities within the sewer easement being
summarily vacated; 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 summarily vacate the easement on this property and has
determined that the proposed summary vacation is consistent with the General Plan;
and
WHEREAS, the summarily vacated sewer easement is unnecessary for future
sewer line purposes as the sewer main was relocated along the property's southerly
property line and there are no other sewer facilities within said easement; and
NOW, THEREFORE, be it resolved by the City Council of the City of Newport
Beach that the portion of public sewer easement legally described in Exhibit "A," and
depicted on the map attached as Exhibit "B" based on the evidence submitted, that the
public sewer easement has been superseded by the relocation of existing sewer main
to the property's southerly property line and that there are no other public facilities
located within the public sewer easement. By this resolution, the public sewer
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 sewer easement described in Exhibit "A"
and depicted on Exhibit "B" shall be summarily vacated and no longer constitute public
sewer easement.
9 -11
Adopted this 9ch day of June, 2015.
ATTEST:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
m
Edward D. Selich
Mayor
for the City of Newport Beach
9 -12
BEING THAT PORTION OF THE 10.00 FOOT EASEMENT AS SHOWN IN THE RESOLUTION OF ACCEPTANCE
RECORDED OCTOBER 7, 1955 IN BOOK 3237, PAGE 507 OF OFFICIAL RECORDS, LYING WITHIN LOT 9 OF
BLOCK D, TRACT 1219 IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SHOWN ON THE MAP FILED IN BOOK 38, PAGES 26 AND 27 OF MISCELLANEOUS MAPS IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEING 10.00 FEET IN WIDTH, FIVE FEET (5') ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE;
BEGINNING AT A POINT IN THE SOUTHERLY LINE OF SAID LOT 9, SAID POINT BEING EASTERLY OF AND
DISTANT 80.00 FEET FROM THE SOUTHWESTERLY CORNER OF SAID LOT 9; THENCE NORTH 04 °12'00" WEST,
A DISTANCE OF 35.00 FEET TO AN ANGLE POINT; THENCE IN A STRAIGHT LINE TO A POINT IN THE
NORTHERLY LINE OF SAID LOT 9, SAID POINT BEING NORTHEASTERLY OF AND DISTANT 95.00 FEET FROM
THE NORTHWESTERLY CORNER OF SAID LOT 9.
EXCEPTING THEREFROM THE NORTHERLY 7.05 FEET OF SAID 10.00 FOOT EASEMENT AS MEASURED ALONG
SAID CENTER LINE.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
ALDEN &
SSOCIATES
CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS
2552 WHITE ROAD, SUITE 13 -IRVINE, CA 92614 -6236
(949) 660-0110 17AX: 660-0418
No. 7914
Exp. 12 -31 -13
EXHIBIT "A"
LEGAL DESCRIPTION
FOR SEWER EASEMENT VACATION
W.O. No. 1697 - 369 -002
Engr. J.W. Chk'd. J.W.
Date 04/02/2013
Sheet 1 of 2
CURVE TABLE
CURVE
DELTA
RADIUS
LENGTH
Cl
I 9°00'00"
1 180.00'
28.27'
SCALE 1 " =50'
LOT 8
BLOCK D
LOT OT 9 TRACT 1219
10.00' EASEMENT PER BOOK
3237, PAGE 507, O.R. _
24,
N
111 LOT 10
M INDICATES PORTION OF EASEMENT TO BE VACATED
ALDEN &
SSOCIATES
CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS
2552 WI WIT ROAD, SUITE 13 -IRVINE, CA 92614 -6236
(949)660 -0110 FAX: 660 -0418
Y No. 7914
Exp. 12 -31 -13
EXHIBIT "B"
SKETCH FOR SEWER EASEMENT VACATION
W.O. No. 1697 - 369 -002 Date 04/02/2013
Engn J.W. Chk'd. J.W. Sheet 2 of 2
9 -14
LINE TABLE
LINE
BEARING
DISTANCE
L1
N
10°
57'
00"
W
21.44'
L2
N
210
36'
30"
W
85.00'
L3
N
040
12'
00"
W
35.00'
L4
N
02°
53'
16"
E
24.00'
L5
N
02°
53'
16"
E
7.05'
LOT 8
BLOCK D
LOT OT 9 TRACT 1219
10.00' EASEMENT PER BOOK
3237, PAGE 507, O.R. _
24,
N
111 LOT 10
M INDICATES PORTION OF EASEMENT TO BE VACATED
ALDEN &
SSOCIATES
CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS
2552 WI WIT ROAD, SUITE 13 -IRVINE, CA 92614 -6236
(949)660 -0110 FAX: 660 -0418
Y No. 7914
Exp. 12 -31 -13
EXHIBIT "B"
SKETCH FOR SEWER EASEMENT VACATION
W.O. No. 1697 - 369 -002 Date 04/02/2013
Engn J.W. Chk'd. J.W. Sheet 2 of 2
9 -14