HomeMy WebLinkAbout75B - PH ABANDONMENT BREEDEN STREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JANUARY 15, 2019
CLERK OF COUNCIL USE ONLY:
TITLE: APPROVED
PUBLIC HEARING - ABANDONMENT ❑ As Recommended
As
NO. 18-03 TO VACATE BREEDEN ElOr
Amended
❑ Ordinance on 1 Reading
STREET AND A PORTION OF THIRD ❑ Ordinance on 2nd Reading
STREET ❑ Implementing Resolution
{STRATEGIC PLAN NO. 3,2) ❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
CIV MANAGER
RECOMMENDED ACTION
Adopt a resolution vacating Breeden Street and a portion of Third Street.
2. In the event the resolution is adopted, authorize the City Manager and Clerk of the Council to
execute an agreement, subject to nonsubstantive changes approved by the City Manager and
City Attorney, for the conveyance of the City's fee interest in the excess right-of-way to Shirlee
L. Heidler, Trustees of the Heidler Family Trust dated April 25, 1994, in exchange for the
dedication of Standard Avenue.
DISCUSSION
On December 4, 2018, Council adopted a resolution declaring the City's intent to vacate Breeden
Street and a portion of Third Street (Exhibit 1). The subject street vacation (Exhibit 2) along with the
dedication of Standard Avenue by the Tom's Trucks Center residential development (Tom's Trucks)
project will allow for the realignment of Standard Avenue, greatly improving vehicular circulation and
access along Standard Avenue between First Street and Fourth Street. The realignment is consistent
with the City's Specific Plan Street Alignment No. 56 adopted by City Council in 1995.
Third Street and the west half of Breeden Street is owned in fee, and the land (approximately
15,544 square feet) will be granted to Shirlee L. Heidler, Trustees of the Heidler Family Trust dated
April 25, 1994, and incorporated into the Tom's Trucks project, pursuant to the Purchase and Sale
Agreement (Exhibit 3). The additional land area minimizes the site's constraints and improves
overall site function, such as setbacks, building location, and site accessibility. The Tom's Trucks
project will dedicate approximately 16,100 square feet of right-of-way to the City and build street
improvements to complete Standard Avenue.
The City -owned street easement over the east half of Breeden Street will revert to Extra Space
Storage as the underlying fee title owner and owner of the property at 1030 East Fourth Street.
7513-1
Public Hearing - Resolution to Vacate Breeden Street and Third Street
January 15, 2019
Page 2
While the City has not received a site plan for the expanded Extra Space Storage property, any
expansion proposed for the site would be subject to City development requirements.
Utilities, other government agencies, and City agencies have been advised of the street vacation.
Southern California Edison, Southern California Gas, and the City's Water Resources Division
have indicated that facilities exist within the streets. Easements for utilities will be reserved in the
resolution of vacation. During the course of construction of the Tom's Trucks project, as utilities are
removed for Breeden Street and Third Street or relocated to the new Standard Avenue extension, the
utility easements will be quitclaimed or narrowed as appropriate to serve any remaining utilities. To
ensure that the street connectivity between Third Street and Fourth Street is accomplished, the Tom's
Trucks project developer will be required to dedicate the right-of-way and provide a bond to build
Standard Avenue, and coordinate with Extra Space Storage to remove remnants of Breeden Street
before the vacation of the streets becomes effective.
STRATEGIC PLAN ALIGNMENT
This item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create
new opportunities for business/job growth and encourage private development through new
General Plan and Zoning Ordinance policies).
fiscal impact associated with this action.
Fuad S. S eiss, PE, PLS
Executiveirector
Public Wor s Agency
FSS/EWG/TH
Exhibits: 1. Resolution
2. Street Vacation Area Map
3. Purchase and Sale Agreement
75B-2
jmf 1/4/19
RESOLUTION NO. 2019 -XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA VACATING ALL OF BREEDEN STREET AND A
PORTION OF THIRD STREET BETWEEN STANDARD
AVENUE AND BREEDEN STREET (ABANDONMENT NO. 18-
03)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. California Streets and Highways Code Section 8300 et seq. authorizes the
City of Santa Ana to vacate all or any portion of any street or highway within its boundaries
and under its jurisdiction to terminate the public's right to use such street.
B. The City Council of the City of Santa Ana desires to vacate its ownership
interest, if any, of all of Breeden Street and a portion of Third Street between Standard
Avenue and Breeden Street, as shown on Exhibit 1 attached hereto and incorporated
herein by this reference ("Vacation Area").
C. On December 4, 2018, the City Council adopted Resolution No. 2018-083
wherein it declared its intention to vacate the Vacation Area, pursuant to and in accordance
with the provisions of Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code.
D. Resolution No. 2018-083 gave notice that at its regular meeting of January
15, 2019, at 5:45 p.m. or as soon as possible thereafter, the City Council would hear any
and all persons interested in or objecting to the vacation described above.
E. The City Council finds that Resolution No. 2018-083 was published in the
manner prescribed by law.
F. The City Council further finds that the notices of said proposed vacation
stating the purposes of said Resolution and the time and place set for hearing were posted
as directed by the Council and required by law.
G. The City Council, at the time and place set for hearing, heard any and all
persons interested in or objecting to said proposed vacation of the Vacation Area and
received and considered all evidence submitted.
H. The City Council finds from all the evidence submitted that the Vacation Area
is unnecessary for present or prospective public use, based upon the following findings of
fact:
Resolu8on No. 2019 -XXX
Exhibit 1 Page 1 of
75B-3
The Vacation Area is not necessary to provide access to abutting
property owners; and
2. The Vacation Area is unnecessary for present or prospective public
use.
Section 2. This vacation is categorically exempt from the California
Environmental Quality Act under Class 1, Section 15301 (Existing Facilities) of the State
CEQA Guidelines.
Section 3. The Vacation Area is hereby vacated, except for the reservation of
easement described herein, upon the satisfaction of the following conditions:
A. The Tom's Trucks Center residential development (Tom's Trucks) shall
irrevocably offer for dedication the land for the extension of Standard Avenue (64' wide)
between Third Street and Fourth Street as depicted in Tentative Tract Map No. 2017-03,
in a form approved by the City Attorney.
B. Tom's Trucks shall provide to the City an improvement bond, in an amount
determined by the City Engineer and in a form approved by the City Attorney, to guarantee
the construction of all necessary roadway, utility and related improvements for the said
extension of Standard Avenue (64' wide) between Third Street and Fourth Street.
C. Tom's Trucks shall coordinate with the property owner of the property at 1030
East Fourth Street (Extra Space Storage) to remove the remnants of Breeden Street and
Third Street street features, including without limitation existing pavement, sidewalk, curb
and gutter, street trees and street lights. Alternatively, in the event that Tom Truck's does
not reach an agreement with Extra Space Storage to remove the remnant street features
within the area that is outside of Tom's Trucks control, Tom's Trucks may provide a bond,
in an amount determined by the City Engineer and in a form approved by the City Attorney,
to guarantee the removal of any segments of Breeden Street or Third Street not under its
control.
D. The City Engineer shall advise the Clerk of the Council that the above
conditions have been satisfied and that this vacation is therefore effective.
Section 4. The City hereby reserves and excepts from vacation, pursuant to
section 8340 of the California Streets and Highways Code, the easement and right at any
time, or from time to time, to remove street features including, but not limited to pavement,
curb and gutter, sidewalk, street trees, street light systems, and traffic signs, and construct,
maintain, operate, replace, remove, and renew sanitary sewers and storm drains and
appurtenant structures in, upon, over, and across a street or highway proposed to be
vacated and, pursuant to any existing franchise or renewals thereof, or otherwise, to
construct, maintain, operate, replace, remove, renew, and enlarge lines of pipe, conduits,
cables, wires, poles, and other convenient structures, equipment, and fixtures for the
operation of gas pipelines, telegraphic and telephone lines, railroad lines, and for the
Resolution No. 2019 -XXX
Page 2 of 5
75B-4
transportation or distribution of electric energy, petroleum and its products, ammonia, and
water, and for incidental purposes, including access to protect these works from all hazards
in, upon, and over the street or highway proposed to be vacated.
Section 5. The Clerk of the Council is hereby directed to cause a certified copy
hereof, attested under seal, to be recorded in the Office of the Recorder of Orange County.
Said recordation shall occur after the conditions in Section 3 of this resolution have been
completed to the satisfaction of the City Engineer.
Section 6. The Vacation Area shall not be deemed vacated until this Resolution
is recorded.
Section 7. The Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this 15th day of January, 2019.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By. k '�"
hn M. Funk
Assistant City Attorney
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Councilmembers
Councilmembers
Councilmembers
Councilmembers
Miguel A. Pulido
Mayor
75B-5
Resolution No. 2019 -XXX
Page 3 of 5
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Maria D. Huizar, Clerk of the Council, do hereby certify the attached Resolution No.
2019- to be the original resolution adopted by the City Council of the City of Santa
Ana on January 15, 2019.
Date:
Clerk of the Council
City of Santa Ana
75B-6
Resolution No. 2019 -XXX
Page 4 of 5
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75B-8
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75B-9
75B-10
PURCHASE AND SALE AGREEMENT
Property Address: Third Street between Standard Avenue and Breeden Street and
western half of Breeden Street, Santa Ana, California
THIS PURCHASE AND SALE AGREEMENT ("Agreement") dated, for
reference purposes only, as of January 15, 2019, is made and entered into by and between
the CITY OF SANTA ANA, a charter city and municipal corporation organized and
existing under the Constitution and laws of the state of California ("Seller"), and
SHIRLEE L. HEIDLER, TRUSTEE OF THE HEIDLER FAMILY TRUST
DATED APRIL 25, 1994 ("Buyer"), with reference to the following.
In consideration of the mutual covenants set forth herein, Buyer and Seller agree
as follows:
RECITALS
A. Seller owns that certain land consisting of Third Street between Standard
Avenue and Breeden Street, and the western half of Breeden Street, in the City of Santa
Ana, California, consisting of approximately 15,544 square feet and more specifically
described in Exhibit A attached hereto and incorporated herein by this reference
("Property").
B. The Property is being simultaneously vacated by the City Council of the
City of Santa Ana along with the sale of the same to Buyer.
C. The Property will be combined with two adjoining parcels owned by the
Buyer for a residential development consistent with Tentative Tract Map No. 2017-03.
D. Buyer and Seller have agreed to this Purchase and Sale Agreement so that
Seller may quitclaim any title it may have in the Property to Buyer.
1. Agreement to Sell and to Purchase. Subject to the terms and conditions
of this Agreement, Seller agrees to sell and Buyer agrees to purchase the Property.
2. Consideration. In full and complete payment for a fee interest in the
Property, Buyer shall irrevocably dedicate to the City the property consisting of
approximately 16,100 square feet for extension of Standard Avenue (64' wide) between
3 Street and 0 Street consistent with Tentative Tract Map No. 2017-03.
3. Ouitclaim Deed. The transfer of the Property shall be by quitclaim deed
conveyance from Seller to Buyer showing title vested in Buyer.
Page 1 of 7
758311
4. Transfer Costs. Buyer shall pay all recording fees and all fees and costs
for any new financing. Buyer shall pay the premium for the title insurance policy, should
it seek title insurance.
5. Condition of Property. Buyer acknowledges that Buyer is purchasing
the Property with full knowledge of its condition and that no representations or
warranties of any kind whatsoever, express or implied, have been made by Seller or by
Seller's agents. Buyer further agrees to purchase the Property in "AS IS" condition with
all faults.
6. As -Is Sale.
BUYER ACKNOWLEDGES AND AGREES THAT EXCEPT FOR
THE EXPRESS REPRESENTATIONS, WARRANTIES AND
COVENANTS OF SELLER SET FORTH IN THIS AGREEMENT,
SELLER HAS NOT MADE, DOES NOT MAKE, AND
SPECIFICALLY DISCLAIMS ANY AND ALL
REPRESENTATIONS, WARRANTIES, PROMISES,
COVENANTS, AGREEMENTS, OR GUARANTIES OF ANY
KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS
OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT, OR
FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO
THE PROPERTY, INCLUDING, BUT NOT LIMITED
TO: (A) THE NATURE, QUALITY, OR CONDITION OF THE
PROPERTY; (B) THE INCOME TO BE DERIVED FROM THE
PROPERTY; (C) THE SUITABILITY OF THE PROPERTY FOR
ANY AND ALL ACTIVITIES AND USES WHICH BUYER MAY
CONDUCT THEREON; (D) THE COMPLIANCE OF OR BY THE
PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES,
ORDINANCES OR REGULATIONS OF ANY APPLICABLE
GOVERNMENTAL AUTHORITY OR BODY, INCLUDING, BUT
NOT LIMITED TO, ANY STATE OR FEDERAL
ENVIRONMENTAL LAW, RULE OR REGULATION; (E) THE
HABITABILITY, MERCHANTABILITY, OR FITNESS OF THE
PROPERTY FOR A PARTICULAR PURPOSE; OR (F) ANY
OTHER MATTER WITH RESPECT TO THE PROPERTY.
NOTWITHSTANDING ANYTHING HEREIN TO THE
CONTRARY, SELLER IS CONVEYING THE PROPERTY TO
BUYER "AS IS, WHERE IS", AND WITH ALL FAULTS AND
SPECIFICALLY AND EXPRESSLY WITHOUT ANY
WARRANTIES, REPRESENTATIONS, OR GUARANTEES,
EITHER EXPRESS OR IMPLIED, OF ANY KIND, NATURE, OR
Page 2 of 7
75B-12
TYPE WHATSOEVER FROM OR ON BEHALF OF THE
SELLER, EXCEPT FOR THE REPRESENTATIONS,
WARRANTIES AND COVENANTS OF SELLER SET FORTH IN
THIS AGREEMENT.
7. Brokers. Buyer represents and warrants to Seller and Seller represents
and warrants to Buyer that it has not engaged or employed a broker to whom a
commission or finder's fee is payable in connection with this transaction. Buyer and
Seller each ("Indemnitor") agree to indemnify and hold the other harmless from and
against all liability, claims, demands, damages, or costs of any kind arising from or
connected with any broker's or finder's fees or commission or charge claimed to be due
any person arising from Indemnitor's conduct with respect to this transaction.
8. Assignment. Buyer and Seller agree that this Agreement shall be binding
upon their respective heirs, executors, administrators, successors or assigns and is
assignable by Buyer only by written consent of the City Manager, which consent the City
Manager may withhold in his or her sole and absolute discretion.
9. Notices. Any notice either party may or is required to give the other shall
be in writing, and shall be either personally delivered or sent by registered or certified
United States mail, return receipt requested. If by mail, service shall be deemed to have
been received by such party at the time notice is delivered to the address below. Either
party may designate by written notice to the other party another address for notice.
To Seller:
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
Attn: Clerk of the Council
10. Miscellaneous Provisions.
To Buyer:
Shirlee L. Heidler
Trustee of the Heidler Family Trust dated
April 25, 1994
18571 Rosenau Drive
Villa Park, Ca. 92861
Attn: KC. Heidler
10.1 Waiver. The waiver of any provision of this Agreement shall be
invalid unless evidenced by a writing signed by the party to be charged therewith. The
waiver of, or failure to enforce, any provision of this Agreement shall not be a waiver of
any further breach of such provision or of any other provision hereof. The waiver by
either or both parties of the time for performing an act shall not be a waiver of the time
for performing any other act or acts required hereunder.
10.2 Modifications. No change or addition to this Agreement or any
part hereof shall be valid unless in writing and signed by each of the parties.
Page 3 of 7
75B-13
10.3 Governing Law. This Agreement shall be governed by California
law. Venue for any dispute arising from or relating to this Agreement shall be the state
and federal courts located in Orange County, California.
10.4 Headings. The headings in this Agreement are for convenience
only and shall not be used to interpret this Agreement.
10.5 Further Acts. Each party agrees to take such further action and to
execute and deliver such further documents as may be necessary to carry out the purposes
of this Agreement.
10.6 No Attorneys' Fees. If either party incurs attorneys' fees to
enforce this Agreement or because of a breach of this Agreement by the other party, the
prevailing party shall not be entitled to recover attorneys' fees from the other party.
10.7 Time. Time is of the essence with respect to this Agreement.
10.8 Complete Agreement. This Agreement constitutes the entire
agreement between the parties hereto with respect to the subject matter herein. There are
no representations, agreements, arrangements, or understandings, verbal or written,
between the parties hereto, relating to the subject matter herein, that are not fully
expressed herein.
10.9 Authority to Execute Agreement. Each individual executing this
Agreement on behalf of an entity represents and warrants that he or she has been
authorized to do so by the entity on whose behalf he or she executes this Agreement and
that said entity will thereby be obligated to perform the terms of this Agreement.
10.10 Counterparts. This Agreement may be executed in counterparts,
including by facsimile or electronic mail, each of which so executed counterpart shall,
irrespective of the date of its execution and delivery, be deemed an original, and all such
counterparts shall constitute one and the same instrument.
Page 4 of 7
75B-14
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
of the date first above written.
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:. ��
JohrM. Funk
Assistant City Attorney
CITY OF SANTA ANA
Raul Godinez II
City Manager
By: _
Name:
Title:
Page 5 of 7
75B-15
PURCHASE AND SALE AGREEMENT EXHIBIT "A"
EXFIIBIT "A"
LEGAL DESCRIPTION
CITY OF SANTA ANA
STREET ABANDONMENT
PARCEL 1
THAT CERTAIM PARCEL OF LAND SITUATED IN THE CITY OF SANTA ANA
COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF 3RD
STREET'I'OGF..THF.R WITH BREEDEN STREET MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY RIGHT OF WAY
LINE OF 4TH STREET WITH THE WESTERLY RIGHT OF WAY LINE OF
BREEDEN STREET; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT OF
WAY LINE OF BREEDEN STREET SOUTH 0029'05" WEST 242.82 FEET TO ITS
INTERSECTION KITH THE NORTHERLY RIGHT OF WAY LINE OF 3RD
STREET; THENCE WESTERLY ALONG SAID NORTHERLY RIGHT OF WAY
LINE OF 3RD STREET NORTH 8903548" WEST 107.39 FEET TO ITS
INTERSECTION WITH THE NORT 14URLY PROLONGATION OF THE EASTERLY
RIGHT OF WAY OF NORTH STANDARD AVENUE; THENCE SOUTHERLY
ALONG SAID NORTHERLY PROLONGATION OF THE EASTERLY RIGHT OF
WAY OF NORTH STANDARD AVENUE SOUTH 01°04'46" WEST 60.00 FEET TO
ITS INTERSECTION WITHTHE HE SOUTHERLY RIGHT OF WAY LINE OF 3RD
STREET; THENCE EASTERLY ALONG SAID SOUTHERLY RIGHT OF WAY
LINE OF 3RD STREET SOUTH 8903548" EAST 138.01 FEET TO ITS
INTERSECTION WITH THE CENTERLINE OF BREEDEN STREET; THENCE
NORTHERLY ALONG SAID CENTERLINE OF BREEDEN STREET NORTH
0029'05" EAST 302.66 FEET TO ITS INTERSECTION WITH SAID SOUTHERLY
RIGHT OP WAY LINE OF 4TH STREET; THENCE WESTERLY ALONG SAID
SOUTHERLY RIGHT OF WAY LINE OF 4TH STREET NORTH 89018'07" WEST
30.00 FEET TO THE POINT OF BEGINNING.
CONTAINING: 0.357 ACRES MORE OR LESS
SUBJECT TO: COVENANTS, CONDITIONS, RESTRICTIONS, RIGHT OF WAY
AND EASEMENTS OF RECORD.
PREPARED UNDER THE SUPERVI OF:
GREGORYS
BORCHARD
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Page 6 of 7
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75B-18