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Home My WebLink About2024-040 - 1601 and 1607 North Bristol as Exempt Surplus LandRESOLUTION NO. 2024-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTAANA DECLARING PROPERTY NEAR 1601 AND 1607 NORTH BRISTOL AS EXEMPT SURPLUS LAND AND DIRECTING THE CITY MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE SURPLUS LAND ACT, CALIFORNIA GOVERNMENT CODE SECTION 54220, ET SEQ., AS AMENDED, FOR THEIR DISPOSITION 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. The City of Santa Ana (the "City") is the owner in fee simple of a real property asset which was acquired for Bristol Street improvement project now completed, as described on Exhibit A (referred to as the "Property"). B. The Property is a remnant parcel from a full parcel acquisition that was made following the City's environmental analysis that the project impacts could not be adequately mitigated if only a partial acquisition was made. C. On November 12, 2019, the Property was a portion of a larger parcel which was designated as public street right of way through recordation of a grant deed. D. The Property lies outside of the Bristol Street improvements. E. On July 16, 2024, the City summarily vacated the public street right of way over the Property. F. The Property remains vacant. G. The City's Public Works Agency has ongoing fencing and cleanup costs associated with maintenance and security of the Property. H. Proceeds from the sale of the Property will benefit the Bristol Corridor or other Right -of -Way projects, and the property tax generated may provide funding to enhance City services. Future development of the Property would also eliminate blight and promote neighborhood liability and sustainability. Resolution No. 2024-040 Page 1 of 4 I. The Property has become surplus within the meaning of the California Surplus Land Act ("SLA"), Government Code section 54220 et seq., as amended, and is not necessary for the City's use. J. The Property is "exempt" under the SLA. Exempt Properties may be declared "exempt surplus land" and must be supported by written findings before a local agency may take any action to dispose of the Property consistent with statutory requirements, SLA guidelines, and/or a local agency's policies or procedures. K. The Property qualifies under Government Code section 54221(f)(1)(B). Specifically, the exempt Property is less than one-half acre in area and is not contiguous to land owned by a state or local agency that is used for open -space or low- and moderate -income housing purposes. L. The Property qualifies under Government Code section 54221(f)(1)(E). Specifically, the exempt Property is Surplus land that is a former street, right of way, or easement, and will be conveyed to an owner of an adjacent property. M. The exempt Property shall be sold to a contiguous land owner of the Property, otherwise the Property shall not be considered "exempt" under 54221(f)(1)(E). N. None of the characteristics listed under Government Code section 54221, subdivision (f)(2) apply to the Property. Specifically, the Property is not within a Coastal Zone, nor is it Adjacent to a historical unit of the State Parks System, nor is it listed on, or determined by the State Office of Historic Preservation to be eligible for, the National Register of Historic Places, nor is it Within the Lake Tahoe region as defined in Government Code section 66905.5, otherwise the City would be required to provide a written notice of availability for open -space purposes to entities described in Government Code section 54222, subdivision (b). O. The City is determining that the Property identified in Exhibit A is, in fact, exempt surplus land under the SLA and City will notify the Department of Housing and Community Development no less than thirty (30) days prior to the disposing of any exempt surplus land. Section 2. The City Council hereby finds and declares that the Property is no longer necessary for the City's use and is therefore exempt surplus land, as the terms are defined in California Government Code section 54221, et seq., as amended, based on the true and correct written findings found in Section 1, incorporated herein by this reference. Section 3. The City Council hereby authorizes the City Manager to send written notices of availability of the Property as described in California Government Code section 54222, to negotiate the terms of any proposed sale of the Property with the owner of the adjacent property, and to otherwise follow the procedures of the Surplus Land Act, Resolution No. 2024-040 Page 2 of 4 California Government Code section 54220, et seq., as amended, with respect to the disposition of the Property. Section 4. Any proposed agreements for the sale of the Property shall be subject to the approval of the City Council. Section 5. Sale of the Property as surplus is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15312 (Surplus Government Property Sales). However, if development was proposed on the Property by a subsequent buyer, then that development would be reviewed under CEQA. Section 6. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution. ADOPTED this 16"' day of July, 2024. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney :A ffl I �W W, Jonathan T. Martinez Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers ABSENT: Councilmembers Amezcua, Bacer-a, Hernandez Lopez P_enaloza, Phan, Vazquez (7) None (0) None (0) None (0) Resolution No. 2024-040 Page 3 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Resolution No. 2024-040 to be the original resolution adopted by the City Council of the City of Santa Ana on July 16, 2024. Date: Resolution No. 2024-040 Page 4 of 4 EXHIBIT "A" LEGAL DESCRIPTION IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING THOSE PORTIONS OF LOTS 3 AND 5, OF SURVEYOR'S MAP, PER MAP FILED IN BOOK 3, PAGE 12 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ALSO BEING A PORTION OF THAT CERTAIN PARCEL CONVEYED TO THE CITY OF SANTA ANA BY DEED FOR PUBLIC STREET PURPOSES RECORDED NOVEMBER 12, 2019 PER INSTRUMENT NO. 2019000448315, OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS; COMMENCING AT A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF LOT 7 OF SAID SURVEYOR'S MAP, AND A LINE PARALLEL WITH AND 64.00 FEET EASTERLY OF THE CENTERLINE OF BRISTOL STREET, SAID POINT BEING THE SOUTHEAST CORNER OF SAID PARCEL CONVEYED TO THE CITY OF SANTA ANA; THENCE PARALLEL WITH SAID CENTERLINE OF BRISTOL STREET, NORTH 01 °32'07" EAST, A DISTANCE OF 87.83 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY, AND HAVING A RADIUS OF 100.00 FEET, BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND TO BE DESCRIBED; THENCE NORTHERLY ALONG SAID CURVE 40.66 FEET THROUGH A CENTRAL ANGLE OF 23'17'43"; THENCE NORTH 24049'50" EAST, CONTINUING ALONG SAID PARCEL CONVEYED TO CITY OF SANTA ANA, A DISTANCE OF 11.87 FEET TO THE BEGINNING OF A NON- TANGET CURVE CONCAVE NORTHWESTERLY, AND HAVING A RADIUS OF 100.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE 37.47 FEET THROUGH A CENTRAL ANGLE OF 21028'15" TO A POINT ON THE NORTH LINE OF SAID LOT 3, A RADIAL LINE TO THE BEGINNING OF CURVE BEARS SOUTH 65005'14" EAST, SAID POINT LYING DISTANT 85.00 FEET EASTERLY AND PERPENDICULAR TO SAID CENTERLINE OF BRISTOL STREET; THENCE NORTH 89°11'43" WEST ALONG THE NORTHERLY LINE OF SAID LOT 3, ALSO BEING THE NORTHERLY LINE OF SAID PARCEL CONVEYED TO CITY OF SANTA ANA. A DISTANCE OF 9.89 FEET TO THE BEGINNING OF A NON-TANGET CURVE CONCAVE NORTHWESTERLY, AND HAVING A RADIUS OF 185.00 FEET, A RADIAL LINE TO THE BEGINNING OF CURVE BEARS SOUTH 87013'16" EAST; THENCE SOUTHERLY ALONG SAID CURVE 27.88 FEET THROUGH A CENTRAL ANGLE OF 8°38'09"; THENCE SOUTH 11 °24'53" WEST, A DISTANCE OF 42.82 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY, AND HAVING A RADIUS OF 72.00 FEET; Page 1 of 2 THENCE SOUTHERLY ALONG SAID CURVE 12.41 FEET THROUGH A CENTRAL ANGLE OF 9052'46" TO A LINE PARALLEL WITH AND 64.00 FEET EASTERLY OF THE CENTERLINE OF SAID BRISTOL STREET; THENCE SOUTH 1032'07" WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 4.41 FEET TO THE POINT OF BEGINNING. CONTAINING 392 SQUARE FEET, MORE OR LESS. SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RETRICTIONS, RIGHTS OF WAY AND EASEMENTS OF RECORD, IF ANY. THE BEARING USED FOR BRISTOL STREET IS NORTH 1032'07" EAST, PER RECORD OF SURVEY 2011-1081 FILED IN BOOK 253, PAGES 17 THROUGH 20, OF RECORDS OF SURVEY, IN THE OFFICE OF SAID COUNTY RECORDER OF ORANGE COUNTY. ALL AS SHOWN ON EXHIBIT "B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF. --? PREPARED BY ME OR UNDER MY DIRECTION STEFAN'C, LANTHIER, PLS DATE Page 2 of 2 EXHIBIT H SKETCH TO ACCOMPANY LEGAL DESCRIPTION _ YA 17H STREET 90°43'50" PER RS 2011-1081 1 _ S87°13'16"E(R) g W I �� W i ,sss os � Q N co � W � I W Q � 30' I oZ C'CQ '43"W PER RS 2011-1 o, N86°33 29"W(R� NORTH LINE OF LOT 3 N LOT 3 0 N LJJ NNE I C' to , o N cO R=72.00' a o �S A=9°52'46: L=12.41' S1 °32'07"W 4.41 ' w P.0.B 6 4' i_1 N NOTE: BEARINGS ARE BASED ON THE CENTERLINE OF BRISTOL STREET WHICH BEARS N01'32'07'E R.S. SCALE 1 "=20' 201 1-1081 FILLED IN B. 253, P. 17-20. CITY OF SAN TA AN A, COUNTY OF ORANGE, CALIFORNIA to C� N I,- M 00 ° z STREET VACATION 392 SQ./FT. L�0 T 7 N89'11'43"W PER RS 2011-108 LAND SCR LEGEND C. Lq v�`o DENOTES STREET �P tiny VACATION AREA ~� 01 Cornerstone Land Surve in Inc. L.S. 7259 Civil •Surveying• Planning * 20730 Knob Place Perris, CA 92570 sT9j�o CA PH 951-736-0200 SHEET 1 OF 1 �,✓cl v 12-01-23 STEFAN C.'LANTHIER, PLS 7259 DATE