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Home My WebLink About30A - STORM DRAIN EASEMENTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2019 TITLE: QUITCLAIM OF STORM DRAIN EASEMENT IN 317 E 17TH STREET, APN 003-163-48 (STRATEGIC PLAN NOS. 3, 2; 5,3) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 20d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a quitclaim deed relinquishing the City's interest in a drainage easement at 317 East 17th Street to AQUA HOUSING LP, a California limited partnership, subject to non -substantive changes by the City Manager and City Attorney. DISCUSSION On June 20, 2017, Council approved a general plan amendment, a specific development, and other actions to allow a 57-unit multi -family permanent supportive housing development at 317 East 17th Street. The City owns an obsolete five -foot -wide drainage easement within the property (Exhibit 1). To accommodate the project, the property owner, AQUA HOUSING LP, a California limited partnership, wishes to remove the easement so that property title is clear, and new development may occur. The applicant is requesting the City quitclaim the easement, which effectively relinquishes the City's rights over the private property to allow for the housing development to proceed. Generally, easements provide access or right of entry for specified purposes. In this case, an easement was granted to the City in 1926 so that the City could access private property for drainage maintenance purposes. The five -foot -wide easement, about 120 feet in length, was granted as part of a proposed private drainage facility, which no longer exists. The general surrounding area has since then been developed, and area drainage has been accommodated via public improvements adjacent to the 1-5 Freeway within the State of California right-of-way. Therefore, the City has no present nor prospective use for the subject easement. The City received an opinion of value for the easement to be quitclaimed of $2,700. The site is on a 0.89 acre lot, and the development will be required to provide for its drainage needs. The Public Works Agency has approved a standard drainage and grading plan as part of the proposed site plans. 30A-1 Quitclaim of Storm Drain Easement, 317 E. 17th Street June 4, 2019 Page 2 STRATEGIC PLAN ALIGNMENT Approval of 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) and Goal #5 — Community Health, Livability, Engagement & Sustainability, Objective #3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). FISCAL IMPACT Proceeds in the amount of $2,700 from the quitclaim of the easement at 317 East 17th Street will be received into the Local Drainage Area II account (No. 22217002-50500). APPROVED AS TO FUNDS AND ACCOUNTS: Fuad S. Sweiss, Kathryn Dowrfs, CPA Executive Director Executive Director Public Works Agency Finance and Management Services Agency Exhibits: 1. Map 2. Quitclaim Deed 30A-2 30A-3 30A-4 EXHIBIT 2 When recorded, please mail this Instrument to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M-30 Santa Ana, California 92701 Free recording requested by The City of Santa Ana per Government Code Section 6103. SPACE ABOVE THIS LINE FOR RECORDER'S USE Canwl Appowd ASTO Approved By Description DesctlpUon A.P. Number RN Map Number Project Taxes Form BY AUy. Director written BY Checkedo0 1 Number L.C. E.E. 003.153-48 NE 137 QUITCLAIM DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF SANTA ANA, a Charter City and Municipal Corporation of the State of California Does Hereby Remise, Release, and Forever Quitclaim to: AQUA HOUSING LP, a California limited partnership ALL RIGHTS, TITLE AND INTEREST in and to the real property in the City of Santa Ana, County of Orange, State of California, described in Exhibit "A" attached hereto and by this reference made a part hereof, and as shown on Exhibit "B", attached hereto and incorporated herein. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certficate is attached, and not the truthfulness, accuracy, or validity of that document. Dated: } STATE OF CALIFORNIA }SS. COUNTY OF ) before me, personally appeared For: The City of Santa Ana who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheithey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or entity upon which the person(s) acted, executed the instrument. By: Kristine Ridge City Manager, City of Santa Ana By: Norma Mitre -Ramirez Acting Clerk of the Council I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (This area for official notarial seal) Deed No. 8707 0 0 rn a m m an 30A-5 EXHIBIT QUITCLAIM OF PORTION OF PUBLIC UTILITY EASEMENT LEGAL DESCRIPTION A STRIP OF LAND, 5.00' IN WIDTH, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF EAST SEVENTEENTH STREET AND THE NORTHERLY EXTENDED EAST LINE OF FRENCH STREET; THENCE BEARING N 00°42'02" E 170 FEET TO THE TRUE POINT OF BEGINNING; THENCE N 00°42'02" E A DISTANCE OF 80 FEET, THENCE N 15°48'00° W A DISTANCE OF 45.00' MORE OF LESS, TO THE SOUTHWESTERLY BOUNDARY LINE OF THE SOUTHERN PACIFIC RAILROAD COMPANY S RIGHT OF WAY. THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED TO TERMINATE AT THE SOUTHWESTERLY BOUNDARY LINE OF THE SOUTHERN PACIFIC RAILROAD COMPANYS RIGHT OF WAY. CONTAINING:622 SQUARE FEET, MORE OR LESS. 04/29/19 NOTE: AS SHOWN ON THE ATTACHED EXHIBIT "B" AND BY THIS REFERENCE MADE A PART THEREOF. 10edelman JWPROJECT NAME: AQUA SHEET irvine, w 92618 I p 949.660.9128VW JOB NO.: IRV18-4013 DATE: 04/29/2019 waremalwmb.mm �MALCO� 1 OF 1 DRAWN: LC PA/PM: LC SCALE: 1" = 80' CIVIL ENGINEERING 8. SURVEYING 30A-6 EXHIBIT B MAP TO ACCOMPANY LEGAL DESCRIPTION IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA QUITCLAIM OF PORTION OF PUBLIC UTILITY EASEMENT PARCEL 1 \ BASIS OF BEARINGS: THE CENTERLINE OF E. \ 1 STREET AS PER 20 RECORD OF SURVEY NO. 2007-1026 RSB 220 / 32.43 BEING N 88037'46" W. NOTE: N88037'46'W THIS EXHIBIT DOES NOT REPRESENT A 33.00' MONUMENTED SURVEY. T IS INTENDED ONLY \ TO DEPICT THE ATTACHED DESCRIPTION, EXHIBIT "A", AND BY THIS REFERENCE MADE A PART THEREOF. 9 V20 T 7 WPARCEL4cp a6 N15°48'00"W 9� z 45' NO°42-02"E \ 80' \ T.P.O.B. N8803��a5�o`A DCR7F`o I 5000'7'46 W VQ5 O P �� EASEMENT No. 9073 �j N88°37' 6"W 98.17' \ AREA 0 n o \ sT9lF OF CAUE��\P I I I o 04/29/19 z Z Lu \ N N8803T46 W 8.00' z N N 880 37' 46" W E. 17TH STREET OL40 so �I z L i P.O.B. LL — — — — $ — — SCALE: 1" = 30' 30 ORIGINAL GRAPHIC SCALE 10edelman XAM PROJECT NAME: AQUA SHEET irvine, ra 82616 p 949.660.9128 JOB NO.: IRV18-4013 DATE: 04/29/2019 w mmalwmb.wm �$�0� 1 OF 1 DRAWN: LC PA/PM: LC SCALE: 1" = 80' CIVIL ENGINEERING & SURVEYING 30A-7 30A-8