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Home My WebLink About11 - Vacation of Sewer Easement at 715 St James RoadCITY OF � SEW PORE. NEWPORT REACH C9� ORN`P City Council Staff Report Agenda Item No. 11 October 25, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949- 644 -3311, sbadum @newportbeachca.gov PREPARED BY: Rodi Almendralo, Associate Civil Engineer APPROVED: A TITLE: VACATION OF A SEWER EASEMENT AT 715 ST. JAMES ROAD ABSTRACT: The property owner of 715 St. James Road, Jeff Furtwangler, has submitted a request to the City to vacate an existing 10 -foot wide sewer easement that is located in the middle of his property. RECOMMENDATIONS: 1. Conduct a public hearing to propose vacating said sewer easement. 2. If desired, adopt a Resolution ordering the vacation of a 10 -foot wide sewer easement at 715 St. James Road, direct staff to process the vacation, and direct the City Clerk to have the Resolution recorded by the Orange County Recorder's Office. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: The property owner of 715 St. James Road, Jeff Furtwangler, has requested the City vacate the remaining portion of an existing 10 -foot wide sewer easement that runs across the middle of his property. The property owner has made the request in order to fully use his property to expand his existing single family residence. This easement is legally described in Exhibit "A" and shown in Exhibit "B" of the attached resolution. it VACATION OF A SEWER EASEMENT AT 715 ST. JAMES ROAD October 25, 2011 Page 2 A City sewer now exists in St. James Road and the properties fronting the road now connect to this public sewer. There in no longer a need for this portion of the former sewer easement that runs mid property. In 1997, the sewer easement located to the west of 715 St. James Road was vacated per Resolution 97 -21. In 2007, the property owners of 721 & 725 St. James Road, located to the east of 715 St. James Road, constructed a new single family residence. As a part of that development, a City sewer main was abandoned and the easement that ran approximately through the middle of those properties was vacated by Resolution No. 2007 -13. As a result of that action, new sewer laterals were installed for that development, as well as for 715 St. James Road. The remaining residual sewer easement at 715 St. James Road, as shown on Exhibit "B ", was proposed for the location of a sewer manhole for the previous sewer main that ran easterly of the property. This remaining sewer easement is no longer needed since there is no existing City sewer main now or in the future proposed to go through the easement. 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). In addition, Public Hearing Notices were posted along the proposed vacation site on October 11, 2011 and posted in the Daily Pilot. Submitted by Badum s Director Attachments: A. Resolution B. Letter from Property Owner Requesting the Easement Vacation C. Area Map `a 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. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE VACATION OF AN EXISTING 10 -FOOT WIDE SEWER EASEMENT AT 715 ST. JAMES ROAD; 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 property owner of 715 St. James Road to vacate a 10 -foot wide-sewer easement legally described in Exhibit "A" and shown in Exhibit "B "; and WHEREAS, the City has abandoned the sewer main in this easement at 715 St. James Road; and WHEREAS, said property is already connected to the existing 8 -inch sewer line on St. James Road; 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 on the property and has determined that the proposed vacation is consistent with the General Plan; and Attachment A ki WHEREAS, with the vacated sewer easement is unnecessary for future sewer line 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 St. James Road. 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 easement 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 storm drain easement legally described in Exhibit "A" and shown in Exhibit "B" of the attached Grant of Easement for Storm Drain 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 day of 2011. ATTEST: City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation Mayor for the City of Newport Beach EXHIBIT "A" SEWER EASEMENT VACATION LEGAL DESCRIPTION The easterly 10.00 feet of a 10 -foot wide sewer easement granted to the City of Newport Beach, California, by deed recorded in Book 3237, Pages 464 -467, of Official Record of Orange County, California, described in said deed as: "Being five feet (5) on each side of the following described center line: Beginning at a point in the westerly line of Lot 12, Tract 1218 as shown upon a map recorded in Book 37, Pages 47, 48, 49, of Miscellaneous Maps, Records of Orange County, California, said point being northerly of and distant 80.00 feet from the southwesterly corner of said Lot 12; thence north 80 30'00" east, a distance of 42.00 feet to an angle point; thence in a straight line from said angle point to a point in the northeasterly line of Lot 12, said point being north westerly of and distant 76.00 feet from the southeasterly corner of said Lot 12." C1 r_ VICINITY MAP PORTION PER O.R. 1 >_ RESIDUAL SEWER EASEMENT AT 715 ST. JAMES RD N PORTION VACATED PER RESOL. 97 -21 cH 5 5 6 7 B 2 9 I ST. JAMES n 52 51 50 49 53 cg �N 1 54 a7 41 - -- PORTION VACATED PER RESOL. 007 -13 1S'STOR PAIN EASEMENT 14 r u 121 3 EAS E :� 10 11 12 38 40 39 37 STORM DRAIN EASEMENT AREA TO BE VACATED PER RESOL. 97 -21 SEWER EASEMENT AREA TO BE VACATED PER RESOL. 97 -21 EXHIBIT "B" 6 Rodi Almendralo, P.E. Associate Civil Engineer City of Newport Beach Public Works Department 3300 Newport Blvd Newport Beach, CA 92663 Dear Rodi, I am the owner of the home at 715 St. James Road in Newport Beach, CA and I am planning a remodel of the structure. As part of this remodel I will most likely be extending the back portion of the home. This note is being sent as a request for your assistance with the vacation of an existing sewer easement in the rear of the property. This easement is no longer being used as part of the sewer system and the majority of the easement has already been removed on other lots by their property owners. Can you offer your advice on how I can work with the city to approve the removal of the remaining easement? Thank you in advance for your assistance! Sincerely, JeffTFurtzvang(er Jeff Furtwangler 715 St. James Road Newport Beach, CA 92663 Attachment B M 0 3 CD A N E P-MIM-Awarill 745 rq 715 St. James Rd u p0 09 ST jaj4ES RD 190, Sig p 10$ 1>04. f,5 51, 60 t i'67> 505' IT7 '15*6 617 600 '97 419 -Tol lba SpS, 1301. 41s 415 415 500 g 412 407 N 497 4oa E + 401 400 clj DR s, sAs loil 32A 321 1�0 267ft P-MIM-Awarill 745 rq 715 St. James Rd u Notice is hereby given that the City Council of the City of Newport Beach will consider the vacation of a sewer 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 sewer easement proposed to be vacated is described below. Being a portion of Lot 12 of Tract 1218, as shown on a map recorded in Book 37, Pages 47 through 49 inclusively of Miscellaneous Maps, in the office of the County Recorder of Orange County described as follows: The easterly 10.00 feet of a 10 -foot wide sewer easement granted to the City of Newport Beach, California, by deed recorded in Book 3237, Pages 464 -467, of Official Record of Orange County, California, described in said deed as: "Being five feet (5') on each side of the following described center line: Beginning at a point in the westerly line of Lot 12, Tract 1218 as shown upon a map recorded in Book 37, Pages 47, 48, 49, of Miscellaneous Maps, Records of Orange County, California, said point being northerly of and distant 80.00 feet from the southwesterly corner of said Lot 12; thence north 80 30'00" east, a distance of 42.00 feet to an angle point; thence in a straight line from said angle point to a point in the northeasterly line of Lot 12, said point being north westerly of and distant 76.00 feet from the southeasterly corner of said Lot 12." NOTICE IS FURTHER GIVEN HEREBY that the City Council of the City of Newport Beach has set Tuesday, October 25, 2011 at the hour of 7:00 p.m. as the time, and the Council Chambers, (Building A) at 3300 Newport Boulevard, Newport Beach, 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. The agenda, staff report, and documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663, or at the City of Newport Beach website at www.newportbeachca.gov on the Friday prior to the hearing. For more information please call 949 - 644 -3311. �dE R 6 AL ) oal-� o Leilani I. Brown, City Clerk City of Newport Beach C,[IFORr'' RECEIVED CITY CLERK'S Q, E M n: 27 AFFIDAVIT OF POS I OFFICE OF THE CITY CLERK D l CfTYOF',Ft,PORTBEACH On 2011, 1 posted the Notice of Public Hearing regarding: NOTICE OF VACANCY — 715 ST. JAMES ROAD Date of City Council Public Hearing: October 25, 2011 ,S. bit- -� Sdc4m)1;, ahn�lc- ! I IlosAngeles ('hags CLASSIFIED ADVERTISING Printed by: 0602 Patricia Gan Salesperson: Phone: Oct 7, 2011, 10:30 am � f Ad N 34626410 II®S Angeles Times r —� - Ad Information Start dale: 10 -11 -11 Size 1x113.470 Stop date' 10 -11 -11 Billed Site' 11.50 TCN Inch " Insertions 1 Keyword, Rate code., &Legal Newport Beach Ad type; Liner Taken by 10602 Patricia Gamino 1i Class: 13000 Legal Notices Gros price: $ 109.25 - f}S Pubs. TCN Daily Pilot Net price: $109.2 5 17 YYY , I Amt Due: k $ 109.25 e y 4 1 Nola: Amount Duo is SubIont to chit t e lhae to oiscouws, rnisLelLT neuu fans, or ,finer ehnoes, Ad Copy: NOTICE Of VACATION Notice is hereby given that the City Council of the City of Newport Beach will consider the vacation of a sewer easement. The vacation process will be con. ducted pursuant to the California Street and Highways Code Section 8300 - Public Streets, Highways and Service Easements Vacation Law. The sewer ease. ment proposed to be vacated Is described below. Being a portion of Lot 12 of Tract 1218, as shown on a map re- corded In Book 37, Pages 47 through 49 inclusively of Miscella. neous Maps, in the office of the County Recorder of Orange County described as follows: The easterly 10.00 feet of a 10 -fool . wide sewer easement granted to the City of Newport Beach, California, by deed recorded in Book 3237, Pages 464.467, of Offi. cial Record of Orange County, California, described in said deed as 'Being five feet (5') on each side of the fol- lowing described center ine: Beginning at a point in the westerly line of Lot 12, Tract 1218 as shown upon a map recorded in Book 37, Pages 47, 48, 49, of Miscellaneous Maps, Records of Orange County, California, said point being northerly of and distant 81100 feet from the southwesterly corner of said Lot 12; thence north 80 30'00' east. a distance of 42.00 feet to an angle point: thence in.a straight-line, from said angle point to -ad proof pg.l --- Account Information - -�_ Phone 0: (949) 644 -3005 Name: CITY OF NEWPORT BEACH- AG12622 i Address: 3300 Newport Blvd Accl0: C000072031 4 Client: - CITY CLERK_S OFFICE -CITY OF NEWPORT Placed by: Leper! Brown a Fox 0: At a;•l� Oct 7, 2011, 10:30 am � f Ad N 34626410 II®S Angeles Times r —� - Ad Information Start dale: 10 -11 -11 Size 1x113.470 Stop date' 10 -11 -11 Billed Site' 11.50 TCN Inch " Insertions 1 Keyword, Rate code., &Legal Newport Beach Ad type; Liner Taken by 10602 Patricia Gamino 1i Class: 13000 Legal Notices Gros price: $ 109.25 - f}S Pubs. TCN Daily Pilot Net price: $109.2 5 17 YYY , I Amt Due: k $ 109.25 e y 4 1 Nola: Amount Duo is SubIont to chit t e lhae to oiscouws, rnisLelLT neuu fans, or ,finer ehnoes, Ad Copy: NOTICE Of VACATION Notice is hereby given that the City Council of the City of Newport Beach will consider the vacation of a sewer easement. The vacation process will be con. ducted pursuant to the California Street and Highways Code Section 8300 - Public Streets, Highways and Service Easements Vacation Law. The sewer ease. ment proposed to be vacated Is described below. Being a portion of Lot 12 of Tract 1218, as shown on a map re- corded In Book 37, Pages 47 through 49 inclusively of Miscella. neous Maps, in the office of the County Recorder of Orange County described as follows: The easterly 10.00 feet of a 10 -fool . wide sewer easement granted to the City of Newport Beach, California, by deed recorded in Book 3237, Pages 464.467, of Offi. cial Record of Orange County, California, described in said deed as 'Being five feet (5') on each side of the fol- lowing described center ine: Beginning at a point in the westerly line of Lot 12, Tract 1218 as shown upon a map recorded in Book 37, Pages 47, 48, 49, of Miscellaneous Maps, Records of Orange County, California, said point being northerly of and distant 81100 feet from the southwesterly corner of said Lot 12; thence north 80 30'00' east. a distance of 42.00 feet to an angle point: thence in.a straight-line, from said angle point to -ad proof pg.l --- !t 4Tme An else �iee�ee CLASSIFIED ADVERTISING Printed by0602 Patricia Gan Salesperson: Phone: jri��r a point in the north. easterly line of Lot 12, said point being north westerly of and distant 76.00 lest gram the southeasterly corner of said Lot 12.' NOTICE IS FURTHER GIVEN HEREBY that the City Council of the Cias ty of Newport Beach h sat Tuesday, October 25, 2011 a1 the hour of 7:00 P.M. as the time, and the Council Chambers, (Building A) at 3300 Newport Boulevard, Nowport Beach, as the place far the hearing of ell persons Interested in/ or oblacting to the Proposed vacation, and said City Council at the same time and place will hear Iho ovi ponce oHerad by any parson Interested In the pro- posed vacation hera- Waro described. Tho agenda, staff report, and documents may be reviewed at the City Clark's Offlco (Building B), 3300 Newport Boulevard, Newport Beach, Cali- fornia, 92663, or at the City of Newport Beach wobsito at wwwnowport600shcvgw on the Friday prior to the hearing. For more information please call 949. 644.3311. /s/ Leilani I. Brown, City Clerk City of Newport Beach Published Newport Beach/ Costa Mesa Daily Pilot October 11, 2011 - -- ad proof pg. 2 - -- o 10:30 am Ad k 34626410 11che Anjoelee gimu z PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I am a citizen of the United States and a resident of the County of Los Angeles; I am over the age of eighteen years, and not a party to or interested in the notice published. I am a principal clerk of the NEWPORT BEACH /COSTA MESA DAILY PILOT, which was adjudged a newspaper of general circulation on September 29, 1961, case A6214, and June 11, 1963, case A24831, for the City of Costa Mesa, County of Orange, and the State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): Tuesday October 11, 2011 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on October 12, 2011 at Los Angeles, California Signature --- F- NOW OF VACATION Notice is hereby given that the City Council of the City of Newport Beach will consider the vacation of a sewer easement. The vacation process will be con -, ducted pursuant to the California Street and Highways Code Section 8300 - Public Streets, Highways and Service Easements Vacation Law. The sewer ease- ment proposed to be vacated is described below. Being a portion of Lot 12 of Tract 1218, as shown on a map re- corded in Book 37, Pages 47 through 49 inclusively of Miscella- neousMaps, in the of- fice of the County Re. corder of Orange County described as The easterly 10.00 feet of a 10 -fool wide sewer easement granted to Official Record of Orange County, Califor. nia, described in said "Being five feet (5') on each side of the follow. ing described center line: Beginning at a point in the westerly line of Lot 12, Tract 1218 as shown upon a map re- corded in Book 37, Pages 47, 48, 49, of Miscellaneous Maps, Records of Orange County, California, said point being northerly of and distant 80.00 feet from the southwesterly corner of said Lot 12; thence north 80 30'00" east, a distance of 42.00 feet to an angle paint; thence In a straight line from said angle point to a point in the northeasterly line of Lot 12, said point being north westerly of and distant 76.00 feet from the southeasterly corner of said Lot 12." NOTICE IS FURTHER GIVEN HEREBY that the City Council of the City of Newport Beach has set Tuesday, Octo- ber 25 2011 of the hour of 7:00 p.m. as the time, and the Council Chambers, (Building Al at 3500 Newport Boulevard, Newport Beach as the piece for the {rearing of all persons inter - "red in /or oblerting to the proposedd Were- tic", and sold City Council at the sans time and place will hear the evidann of- fered by any person interested in the pro- posed vacation here - toFore descNbed. The agenda, staff re- port, and documents may be reviewed at tomia, 97403, or a this City of Newport Beach website at www.newportbeachco. gw on the Friday prior to the hearing. For more information please Leilani I. Brown, City Clerk RECEIVED 7011 OCT 17 AM 10: 32 OFFICE OF THE CTY CLERK CITY C= f'.7iPORT BEACH