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Home My WebLink About24 - Provide Direction to Staff on Further Review of Existing Easements & Conditions Associated with the Prior Vacation of Ticonderoga StreetCTY OF F NEWPORT BEACH City Council Staff Report June 23, 2015 Agenda Item No. 24 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director- (949) 644 -3330, dawebb @newportbeachca.gov PREPARED BY: David A. Webb, Public Works Director PHONE: (949) 644 -3330 TITLE: Provide Direction to Staff on Further Review of Existing Easements & Conditions Associated with the Prior Vacation of Ticonderoga Street ABSTRACT: Council Member Petros has asked that the Council discuss and give direction on this item. RECOMMENDATION: Offer specific direction regarding: Should City staff and City Council undertake further review and possible modifications /relief of the existing easements & conditions that were included as part of the prior vacation of Ticonderoga Street in 1984? FUNDING REQUIREMENTS: There is no fiscal impact related to this specific decision item, but depending on the direction Council takes, some expense could be incurred to research and process the desired action. DISCUSSION: On Tuesday, May 26, 2015, Council Member Petros asked that the City Council vote on whether to undertake further review and possible modifications /relief of the existing easements and /or conditions that were included as part of the prior vacation of Ticonderoga Street in 1984 (Resolution 84 -38, attached). Such items included future allowance for extending Ticonderoga to the West, and maintaining a bikeway easement along the southern side of the street. ENVIRONMENTAL REVIEW: 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. 24 -1 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 - Location Mao Attachment B - Resolution 84 -38 24 -2 ATTACHMENT A LEGEND ® PROJECT LOCATION A 15TH STREET WEST d TICONDEROGA ST - N.T.S. O� O Je 5 / � C�gST N /GHwgY PRIOR LOCATION OF CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TICONDEROGA ST LOCATION MAP 06/23/2015 24 -3 WHEREAS, the Public Works Director of the City of Newport Beach has presented to the City Council of the City of Newport Beach that certain legal description and map, copies of which are attached hereto as Esbiblts 'A" and "Bn and incorporated herein by reference, which describe and depict that portion of Ticonderoga St., proposed to be vacated; and WHEREAS, the City Council of the City of Newport Beach has approved and adopted said map and legal description and directed the City Clerk file same in proceedings for the vacation of Ticonderoga St.; and WHEREAS, on April 23, 1984, the City Council adopted Resolution No. 84 -35, declaring the City's intention to vacate Ticonderoga St., and thereby set May 14, 1984 as the date of the public bearing to receive testimony from all persons interested in, or objecting to, the proposed vacation of Ticonderoga; WHEREAS, the City of Newport Beach has fully complied with the provisions of the Public Streets, Highways and Service Basements Vacation law (Streets and Highways Code 98300, et.seq.) in the processing of the proposed vacation of Ticonderoga Street; WEEMS, subject to the conditions of vacation set Forth below, the City Council finds, from all of the evidence "submitted, that Ticonderoga St. is unnecessary to present or prospective public use. NOW, TGEREPORE, BE IT RESOLVED by the City Council of the City of Newport Beach that Ticonderoga Street be vacated subject to the satisfaction of the conditions set forth below; 24 -4 cr..., ..1- ;• -,..� n. -a..rn ra n......mu..h_Vnar n....Tn loan Ann95n ne..n- t ..f R From: 714 800 -4749 To: Paul Page: 2114 Date: 402002 2:11:30 PM ATTACHMENT B 84-400254 tease ROHM To �.. �' City Gzrk qty of Newport Beach CCORnn 3300 Newport BW. OFORANGECOFFIrIL • Newport Beach, CA 92663 -M EXEMPT. •100gM SFP 26'84 C10 NO MNMM G xeca 0 �at. " RESOLUTION NO. _ 9 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE VACATION OF TICONDEROGA STREET AND DIRECTING THE CITY CLERK TO RECORD SAID RESOLUTION WITH THE ORANGE COUNTY RECORDER WHEREAS, the Public Works Director of the City of Newport Beach has presented to the City Council of the City of Newport Beach that certain legal description and map, copies of which are attached hereto as Esbiblts 'A" and "Bn and incorporated herein by reference, which describe and depict that portion of Ticonderoga St., proposed to be vacated; and WHEREAS, the City Council of the City of Newport Beach has approved and adopted said map and legal description and directed the City Clerk file same in proceedings for the vacation of Ticonderoga St.; and WHEREAS, on April 23, 1984, the City Council adopted Resolution No. 84 -35, declaring the City's intention to vacate Ticonderoga St., and thereby set May 14, 1984 as the date of the public bearing to receive testimony from all persons interested in, or objecting to, the proposed vacation of Ticonderoga; WHEREAS, the City of Newport Beach has fully complied with the provisions of the Public Streets, Highways and Service Basements Vacation law (Streets and Highways Code 98300, et.seq.) in the processing of the proposed vacation of Ticonderoga Street; WEEMS, subject to the conditions of vacation set Forth below, the City Council finds, from all of the evidence "submitted, that Ticonderoga St. is unnecessary to present or prospective public use. NOW, TGEREPORE, BE IT RESOLVED by the City Council of the City of Newport Beach that Ticonderoga Street be vacated subject to the satisfaction of the conditions set forth below; 24 -4 cr..., ..1- ;• -,..� n. -a..rn ra n......mu..h_Vnar n....Tn loan Ann95n ne..n- t ..f R From: 714 800 -4749 To: Paul Page: 3114 Date: 412/2002 2:11:30 PM 84- 400254 tp BE IT FURTHER RESOLVED that the vacation of Ticondecoga St. is conditioned upon the satisfaction and /or completion of the followings 1. That the Newport Crest-Romeowner's Association enter into an agreement with the City of Newport Beach, whereby the Association agrees toa (a) Maintain a policy of insurance, with the City as a named insured, that provides coverage in the sum of one million dollars or more, with respect to any loss, damage or injury, which arises out of, or is in anyway related to, the use of Ticonderoga St. subsequent to the date on which the Resolution of Vacation is recorded; (b) Indemnify, hold harmless, and defend the City of Newport Beach with respect to any loss, or injury that arises out of, or is in anyway related to the use of Ticonderoga St. subsequent to the date of vacation; (c) Maintain Ticonderoga St. in good condition and repair; (d) Pay 25% of the cost of a traffic signal to be constructed at the intersection of Ticonderoga St. and Superior Ave. and, prior to vacation, the Association shall deposit, or bond for, the amount of $20,000, which represents approximately 25% of the cost of the signal; (e) Allow Ticonderoga St. to be extended westerly and connected with 15th Et., at such time as 15th St. and Bluff Rd. are constructed; (f), Obtain approval of the City through the Public iPOrka Department for the design and 2 n 24 -5 i From: 714 800 -4749 To: Paul Page: 4114 Date: 4/212002 2:11:30 PM 64- 400254 Installation of a guard gate or gates on Ticonderoga St.; 2. The City hereby reserves, and excepts from this vacation, an easement over Ticonderoga for the purposes of providing public services such as police, fire, trash and other Municipal services; 3. The City reserves, and excepts from vacation, an easement and right, at any time, or from time to time, to construct, maintain, operate, replace, remove and renew, sanitary sewers, storm drains and all pertinent structures in, upon, over, and across Ticonderoga St., and pursuant to any existing franchise or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew or enlarge lines of pipe, conduit, cables, wires, poles and other convenient structures, equipment, fixtures for the operation of gas pipelines, telegraphic and telephone lines, street lighting facilities, and the transportation or distribution of electric energy or water, and for incidental or related purposes in, upon and over Ticoderoga St.; d. The City also reserves and excepts from vacation, an easement for bikeway purposes across and over the existing bikeway along the southerly parkway of Ticonderoga St., and a right of access to allow the construction, maintenance and repair of the bikeway. BE IT FURTHER RESOLVED that the City Clerk be, and hereby is ordered, to cause a certified copy of this Resolution and attachments, to be recorded in the Office of the County Recorder of the County of Orange, after such time such time that all conditioas imposed upon the vacation are satisfied. 3 rA n... -rn loge AnmsA oe..e a ..0 4 24 -6 From: 714 800 -4749 To: Paul Page: 5114 Date: 4/2/2002 2:11:30 PM L 0 .� i raa 84- 400254 4S ADOPM this Pay of HAY 14 1984. M / F 4 24 -7 n__Tn Ioaa ennose o,..e n .,a < From: 714 800 -4749 To: Paul Page: 6114 Date: 4/2/2002 2:11:30 PM i _ 84- 400254 . EXN /B1T 'A" All of that certain street k w as Ticonderoga Street. 62.00 feet wide, as sham on a map of Tract No. 7852 filed in Book 302, Pages 7, 8.and 9 of Miscellaneous Maps, Records of Orange County, California. - Reserving therefrom a blanket easement for public utility purposes. i 3 4 EXHIBIT A 24 -8 From: 714 800 -4749 To: Paul Page: 7114 Dale: 41212002 2:11:30 PM 84- 400254 `Y Y r t A E—L.1_L T-- --- /v- -f EXHIBIT B 1. 24 -9