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HomeMy WebLinkAbout2019-042 - Abandonment No.19-02jmf 5/28/19 RESOLUTION NO. 2019-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING A PORTION OF MAINPLACE DRIVE BETWEEN MAIN STREET AND BEDFORD ROAD (ABANDONMENT NO. 19-02) 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 a portion of Mainplace Drive between Main Street and Bedford Road, as shown on Exhibit 1 attached hereto and incorporated herein by this reference ("Vacation Area"). C. On May 7, 2019, the City Council adopted Resolution No. 2019-024 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. 2019-024 gave notice that at its regular meeting of June 4, 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. 2019-024 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: Resolution No. 2019-042 Page 1 of 5 1. 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. In 1983, the City Redevelopment Agency certified the Final Environmental Impact Report ("1983 EIR") for the Fashion Square Commercial Center Project ("Originally Approved Plan"). In 1996, Addendum ER 96-033 (' 1996 Addendum") to the 1983 EIR was prepared and approved to evaluate a then -proposed expansion of the Originally Approved Plan's commercial uses. On June 4, 2019, the City Council adopted the Addendum to the Fashion Square Commercial Center Final Environmental Impact Report for the MainPlace Mall Transformation Project (SCH No. 1983021103), which included the vacation of the Vacation Area, and re -adopted the Mitigation Monitoring and Reporting Program. The City Council concurrently found that an addendum is the appropriate document for disclosing the changes to the MainPlace Mall Property, and that none of the conditions identified in Public Resources Code section 21166 and State CEQA Guidelines section 15162 requiring subsequent environmental review had occurred. Section 3. The Vacation Area is hereby vacated, except for the reservation of easement described herein, upon the satisfaction of the following conditions: A. MainPlace Shoppingtown, LLC shall irrevocably offer for dedication the land within the street vacation area to the City in a form approved by the City Attorney. The term of the offer shall expire upon completion of the primary structure (Structure) proposed within Parcel 1 of Tentative Map 2018-139. Completion of the Structure shall be determined by the City's Building Official. B. MainPlace Shoppingtown, LLC shall provide to the City an improvement bond, in an amount determined by the City Engineer and in a form approved of by the City Attorney, to guarantee the construction of all necessary improvements to restore the vacated area in the event the applicant fails to complete construction of the Structure. The bond will be released following completion of the Structure. C. MainPlace Shoppingtown, LLC shall relocate all existing public utility lines from within the street vacation area to within the to -be constructed private driveway between Main Street and Bedford Road. MainPlace Shoppingtown LLC shall grant an easement to the utility owner for maintenance and operation for any relocated utility lines which will become public. 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 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, Resolution No. 2019-042 Page 2 of 5 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 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. 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 4th day of June, 2019. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: (John M. Funk Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas(6) Councilmembers Councilmembers Councilmembers *Ward 4 Representative Vacant None (0) None (0) None (0) Resolution No. 2019-042 Page 3 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2019-042 to be the original resolution adopted by the City Council of the City of Santa Ana on June 4, 2019. Date: 20 9 tea ( 6 ' Norma Mitre Acting Clerk of the Council City of Santa Ana Resolution No. 2019-042 Page 4 of 5 LEGEND f -ABANDONMENT AREA ANA mmPWAmm INS, �rI imm1��00 A VACATE -- 'LACE DRIVE Rr�-, a.19-02 PAGE I OF t Resolution No. 2019-042 Page 5 of 5