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Home My WebLink About06 - CC-7 - Acceptance of Storm Drain Easement - 1/20/2015CITY COUNCIL AGENDA REPORT MEETING DATE: JANUARY 20, 2015 ITEM NUMBER: CC -7 SUBJECT: ACCEPTANCE OF STORM DRAIN EASEMENT - CANYON PARK DATE: JANUARY 8, 2015 FROM: PUBLIC SERVICES DEPARTMENT/ENGINEERING DIVISION PRESENTATION BY: ERNESTO MUNOZ, PUBLIC SERVICES DIRECTOR FOR FURTHER INFORMATION CONTACT: FARIBA FAZELI, CITY ENGINEER (714) 754-5335 RECOMMENDATION Adopt the attached Resolution to dedicate a Storm Drain Easement within Canyon Park. BACKGROUND The City of Newport Beach has requested a storm drain easement be granted within Canyon Park for the repair, upgrade and ongoing maintenance of an existing storm drain inlet structure. "Newport Terrace", the adjacent housing tract to Canyon Park (which is within the City of Newport Beach limits) was constructed in 1973. The original storm drain construction plans mention the reservation of a storm drain easement although one was never recorded. ANALYSIS In 1973, the City of Newport Beach processed and approved Tract Map No. 7989 for a large townhome development adjacent to Canyon Park. The development included the construction of a storm drain system that collects runoff from both Canyon Park and the townhome development and conveys it in a westerly direction to the Santa Ana River. It appears that the original intent was to record a storm drain easement for access and maintenance by evidence of the original 1973 construction plans (Attachment 2). Staff from both cities (Newport Beach and Costa Mesa) have conducted a search for documents, information and/or evidence of an easement being recorded and none were located. Since the investigation, the City of Newport Beach has made major improvements to the subject storm drain inlet structure. The proposed new storm drain easement will provide legal access for the City of Newport Beach maintenance crews to adequately maintain the storm drain inlet structure in the future. ALTERNATIVES CONSIDERED No alternatives were considered for this Council action. FISCAL REVIEW There is no fiscal impact to the City. Once the easement is in place, the City of Newport Beach will provide the inlet's ongoing maintenance. LEGAL REVIEW The City Attorney's Office has approved the easement and intent as to form. CONCLUSION Staff recommends that the City Council adopt the attached Resolution for the proposed drainage easement within Canyon Park (Attachment 1) and authorize the Mayor and City Clerk to sign and record the easement deed. ERNESTO MUNOZ FARIBA FAZELI Public Services Director City Engineer ATTACHMENTS: 1 — Resolution to dedicate storm drain easement within Canyon Park 2 — Portion of original construction plan note DISTRIBUTION: Chief Executive Officer Assistant CEO City Attorney City Clerk F ATTACHMENT 1 RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DEDICATING AN EASEMENT FOR STORM DRAIN PURPOSES LOCATED WITHIN CANYON PARK a. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the City having fee simple title to said land; and WHEREAS, the City will dedicate a portion of fee title parcel of land as an easement for Storm Drain purposes to the City of Newport Beach; and 1. NOW, THEREFORE, the City Council of the City of Costa Mesa does hereby dedicate the parcel described in exhibit "A" and as depicted in exhibit "B", attached hereto and made a part hereof, to be an easement for Storm Drain purposes. SEE LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBITS HEREOF "A" AND "B" 2. The City Clerk shall cause a certified copy of this Resolution, attested by the City Clerk under seal, to be recorded without acknowledgment, certificate of acknowledgment, or further proof in the Office of the County Recorder, Orange County, California. PASSED AND ADOPTED THIS 20th day of January, 2015 Mayor of the City of Costa Mesa ATTEST City Clerk of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, BRENDA GREEN, City Clerk of the City Council of the city of Costa Mesa, hereby certify that the above and foregoing Resolution No. 15- was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 20th day of January, 2015. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 21 t day of January, 2015. City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa EXHIBIT "A" LEGAL DESCRIPTION EASEMENT FOR STORM DRAIN PURPOSES IN THE CITY OF COSTA MESA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF THE BANNING TRACT, AS FILED IN L.A. BOOK 1, PAGE 34 OF TRACT MAPS RECORDED IN BOOK 3, PAGE 160, INCLUSIVE, OF RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: POINT OF BEGINNING (POB) BEING THE NORTHEASTERLY TERMINUS OF A CERTAIN COURSE ON THE NORTHEASTERLY BOUNDARY OF TRACT 7989 DESCRIBED AS "NORTH 00000'02" EAST 1650.00 FEET" AS SHOWN ON SHEET 2 OF TRACT NO. 7989 MM 323 BOOK 323, PAGES 11-16 IN OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, STATE OF CALIFORNIA; THENCE ALONG THE SAID NORTHEASTERLY BOUNDARY OF SAID TRACT SOUTH 00000'02" EAST 179.02 FEET TO A POINT IN SAID NORTHEASTERLY BOUNDARY HEREIN TO BE KNOWN AS THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHEASTERLY BOUNDARY NORTH 89°59'58" EAST 14.00 FEET; THENCE SOUTH 00000'02" EAST 20.00 FEET; THENCE SOUTH 89°59'58" WEST 14.00 FEET, THENCE NORTH 00°00'02" WEST -20.00 FEET TO THE TRUE POINT OF BEGINNING; DISTANT 179.02 FEET FROM THE POB SOUTHERLY ALONG SAID NORTHEASTERLY BOUNDARY OF SAID TRACT NO. 7989. SAID STORM DRAIN EASEMENT CONTAINING, 280 SQUARE FEET, MORE OR LESS. SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF: THIS DOCUMENT CONSISTING OF TWO PAGES, (EXHIBITS "A" AND "B") WAS PREPARED BY ME OR UNDER MY SUPERVISION. SUBJECT TO ALL COVENANTS CONDITIONS, RESTRICTIONS, RESERVATIONS, RIGHTS, RIGHTS OF WAY, AND EASEMENTS OF RECORD, IF ANY. a�4,LAND DEREK J. McGREGOR P.L.S #6496 EXP. 6/30/2015 NO. 5496 j ' EXP. 6/30/15 fi C. PAGE 1 OF 2 EXHIBIT "B" NORTHEAST CORNER OF TRACT 7989 M.M. 323/11-16 CITY LIMITS OF COSTA MESA DISCOVERY DRIVE (PRIVATE STREET) ` I / I 0 0 I 30.00' g @ FOE co Z W I0 Q Z LINE TABLE ID. COURSE INCE Ll- N89' 59' 58"E 1-4. 00' L2- SO' 00' 02"E 20.00' L3- L4- S89' 59' 58"W NO 00' 02"W 14.00' 20.00' 0 40 80 SCALE' T=40' 41DNO. j4S3 LEGEND. LIMITS OF PROPOSED 4c� �� 4- ® STORM DRAIN EASEMENT. TPOB POB POINT OF BEGINNING. PL PROPERTY LINE. CL CENTER LINE. � 15' EASEMENT FOR PUBLIC UTILITIES PER TRACT NO. 7989 rf;�� N O of r w N O 0 0 0 0 W L-4- STORM -4STORM DRAIN L-3 EASEMENT I z o Z C Q P co O O Z 11 IUKM UKA114 GuRVE DAIA r K- 2Z° 7T 0 oer,tl APPROVED ASST. PUBLIC WORKS DIRECTOR R.E. N0, 12806 DATE4_-�? APP'D DESIGNED DRAWN G.A. _ 6.T-. CHECKED DATE b.G. S. 9-11,8-73 ATTACHMENT W _2 Z u1 W Z 0 N L ' Q Q uv Lu r 0 ?D1 o� LL U �. 0 1 "AS BU/ZT" .. NEWPORT CONDOMINIUMS STORM DRAIN LINE "AI CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TRACT W ° 7989 SHEET 18 - OF 2 ~