Item 28 - Resolution rescinding Resolution No. 94-031

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Summary Vacation of Hesperian Street, Cubbon Street, and Public Alley Right of Way January 21, 2025 Page 2 4 7 2 9 de sac bulb at the south end of Hesperian Street and a new connecting east-west alley were constructed (Exhibit 1). In 1994, the Santa Ana City Council adopted Resolution 94-031 (Exhibit 2) approving vacation of the portions of streets and alley as depicted therein. Subsequently, as allowed by the resolution, SAUSD closed portions of the streets and alley and constructed the school and public improvements. However, as stipulated in the resolution, the streets and alley were deemed not vacated until the document was recorded. Based on staff and title company research, the resolution was not recorded, and therefore, did not fully take effect. In 2023, the City was awarded funds to build the Project from the California Natural Resources Agency’s Urban Greening Grant Program. The Project will transform approximately 1.25-acres of vacant parcels at the southwest corner of Bristol Street and Tolliver Street into a new urban green space and public park, which will include a stormwater treatment system that will capture stormwater runoff from the surrounding neighborhood for reuse to irrigate park landscaping. During implementation of the Project, staff determined that the City did not have the expected easement rights necessary to construct a pipe between Hesperian Street and the park site through an apparent public alley, and conversely, the City public street rights of way still exist within King Elementary. City staff is working with SAUSD staff to obtain approvals to resolve the right of way inconsistencies for both agencies by SAUSD granting street easement rights to the City and the City rescinding and replacing the 1994 street vacation resolution. The replacement documents will correct the limits of the City’s street right of way. Rescind and Replace Resolution 94-031 After review of the unrecorded Resolution 94-031, staff determined that the limits defined therein are inconsistent with the constructed street improvements, and recordation of the resolution would have vacated portions of the Hesperian Street right of way that still contain public street improvements. To refine the area to be vacated, staff commissioned a field survey which determined the limits of the Hesperian Street cul de sac sidewalk and the alley improvements. The resulting street vacation legal description and map define portions of Hesperian Street, Cubbon Street, and alley right of way which no longer contain any public street features (Exhibit 3). A title report identified the SAUSD as fee owner of the portion of streets and alley “which would pass by operation of law…”, meaning the ownership in the property will revert automatically to the SAUSD upon completion of the vacation. California Government Code Section 65402 requires the planning agency to review and approve certain actions related to City property. Actions related to acquiring, using, or disposing of public property require the planning agency to review the proposed use for