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HomeMy WebLinkAbout96-070 - Vacating a Portion of Lyon Street South of St. Andrew PlaceRESOLUTION NO. 96-070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING A PORTION OF LYON STREET SOUTH OF ST. ANDREW PLACE WHEREAS, this Council heretofore adopted on May 6, 1996, Resolution No. 96-045, wherein it declared its intention to vacate, pursuant to and in accordance with the provisions of Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code of the State of California, a portion of Lyon Street south of St. Andrew Place; WHEREAS, said Resolution gave notice that on June 3, 1996, at 6:00 p.m., or as soon thereafter as the matter could be heard, in the Council Chambers of the city of Santa Ana, 20 Civic Center Plaza, Santa Ana, California, this Council would hear any and all persons interested in or objecting to said proposed vacation of the said street; and WHEREAS, on June 3, 1996, said public hearing was continued to July 1, 1996; and WHEREAS, this Council finds that said Resolution has been published in the manner prescribed by law for the publishing of ordinances of the City; and WHEREAS, this Council further finds that notices of said proposed street 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; and WHEREAS, this Council at the time and place set for hearing heard any and all persons interested in or objecting to said proposed vacation of said street and received and considered all evidence submitted; WHEREAS, this Council finds from all the evidence submitted that the said street is unnecessary for present or prospective public use, based upon the following findings of fact: 1. Said street is not necessary to provide access to abutting property owners. 2. Said street is not necessary or convenient for servicing the flow of traffic. WHEREAS, pursuant to the provisions of § 2381 of the Streets and Highway Code of the State of California, the city Council does hereby find and determine that neither said street nor any part thereof, is useful as nonmotorized transportation 217 RESOLUTION 96-070 Page 2 facilities, as defined in § 156 of said Code; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. This Council does hereby order that that portion of Lyon Street more specifically described and shown in Exhibits A and B, attached hereto and made a part hereof by this reference, be, and the same is, hereby vacated, reserving and excepting from said vacation the public service easements set forth hereinbelow. 2. Reserved and excepted from the abovesaid vacation is 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, 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 line, 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 such works from all hazards in, upon, and over the area of Lyon Street hereby vacated. 3. The Clerk of the Council is hereby directed to cause a certified copy hereof, attested by her under seal, to be recorded in the office of the Recorder of Orange County at such time as the Executive Director of the Public Works Agency provides the Clerk of the Council with written notification that the conditions set forth in Exhibit C, attached hereto and incorporated herein, have been satisfied. The Executive Director of the Public Works Agency is hereby authorized to modify any of the said conditions as he deems appropriate, subject to the consent of the property owner or tenant responsible for the satisfaction of the condition. 4. The abovesaid street shall not be deemed vacated pursuant to this resolution until this resolution is recorded. Closure of the abovesaid street to vehicular traffic, as appropriate to allow for the construction of the abovesaid public improvements prior to recordation of this resolution, is hereby approved pursuant to section 21101 of the California Vehicle Code. 5. The Mayor is authorized to execute, on behalf of the City, a quitclaim deed or deeds of any right, title or interest of the City in the area hereby vacated or adjacent to said area (excluding the public service easements specified in section 2 of this resolution) to the owner of the affected property. 2 RESOLUTION 96-070 Page 3 ADOPTED this 1st ATTEST: Clerk of the Council~/ COUNCILMEMBERS: Pulido Ave Richardson Aye Espinoza Aye Lutz Aye McGuigan Mills Aye Moreno Ay~ day of July , 1996. APPROVED AS TO FORM: CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution ~3;/~ .-O 759 to be the original resolution adopted by the City Council of the City of Santo Ana on 3 fi--Clerk of the Co~nci~"--~ City of Santa Ana< ,' EXHIBIT 'A' LYON STREET ABANDONMENT LEGAL DESCRIPTION FHAT PORTION OF LYON STREET, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE AMENDED PARCEL MAP NO. 85-226, FILED IN BOOK 210, PAGES 6 THROUGH 11, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS; BEGINNING AT THE CENTERLINE INTERSECTION OF ST. ANDREW PLACE AND LYON STREET, AS SHOWN ON SAID PARCEL MAP, SAID POINT BEING ON A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 1700.00 FEET, SAID CURVE ALSO BEING ON SAID CENTERLINE OF LYON STREET, A RADIAL BEARING THROUGH SAID POINT BEARS NORTH 80° 10'52" WEST; THENCE SOUTHERLY 74.10 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02°29'51" TO THE TRUE POINT OF BEGINNING, A RADIAL BEARING THROUGH SAID POINT BEARS NORTH 82°40'43" WEST; THENCE RADIAL TO SAID CURVE, NORTH 82040'43'' WEST, 33.00 FEET TO A POINT ON A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 1733.00 FEET, SAID CURVE BEING 33.00 FEET WESTERLY AND PARALLEL WITH SAID CENTERLINE OF LYON STREET; THENCE ALONG SAID PARALLEL LINE THE FOLLOWING TWO COURSES: SOUTHERLY 201.49 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06°39'42", AND THENCE SOUTH 00°39'35'' WEST, 416.54 FEET TO A POINT ON A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 99.00 FEET; THENCE SOUTHERLY 47.75 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27°38'12'. TO A POINT ON A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 50.00 FEET, A RADIAL BEARING THROUGH SAID POINT BEARS NORTH 61°42'13" WEST; THENCE SOUTHERLY 66.62 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 76°20'12'' TO A POINT ON THE SOUTHERLY LINE OF SAID LYON STREET; THENCE NON - TANGENT TO SAID CURVE, ALONG SAID SOUTHERLY LINE, SOUTH 89020'25'' EAST, 66.00 FEET TO A POINT ON A NON - TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 50.00 FEET, A RADIAL BEARING THROUGH SAID POINT BEARS SOUTH 40°38'25" EAST; THENCE NORTHERLY 66.62 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 76°20'12" TO A POINT ON A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 99.00 FEET, A RADIAL BEARING THROUGH SAID POINT BEARS NORTH 63°01'23" EAST; THENCE NORTHERLY 47.75 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27°38'12.' TO A POINT ON A LINE 33.00 FEET EASTERLY AND PARALLEL WITH SAID CENTER LINE OF LYON STREET; THENCE ALONG SAID PARALLEL LINE THE FOLLOWING TWO COURSES: NORTH 00°39'35" EAST, 416.54 FEET TO A POINT ON A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 1667.00 FEET AND THENCE NORTHERLY 193.82 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06°39'42"; THENCE ALONG SAID RADIAL LINE SHOWN AS, NORTH 82°40'43'' WEST, 33.00 FEET TO SAID TRUE POINT OF BEGINNING. AS SHOWN MORE PARTICULARLY ON EXHIBIT 'B' ATTACHED HERETO AND MADE A PART HEREOF.  6~'~-~' ' ' C:\WPDOCS\LEGALS\C 137-8 I'~' ~.'- rgo. cO~ L. "Zol. 4z5~ STI~I~E.T II !1 ff-.XH I1~1-1- ED L~'H-. Io' L¥OIq ~TI~F-E-T AIB, z~t,,IDOI,,IM_I=_.I,,IT EXHIBIT C The following are Conditions of the Public Works Agency: A. Prior to site plan approval, complete the following: Revise the site plan to depict and provide a traffic signal easement for the existing "present" traffic signal loops, equipment, and abandon the "advanced" traffic signal loops and associated conduits on the south leg of Lyon Street. 2 o Revise the site plan to depict 10' x 10' utility easement for the relocation of all existing utility facilities (fire hydrants, water meters, fire services, etc.) along the existing westerly curb line on Lyon Street to the new location along the new curb line, including the existing fire hydrant on the existing cul-de-sac. Revise the site plan to depict the pedestrian crossings across Lyon Street and proposed private drive to be disabled accessible. Revise the site plan to depict approved channelization onto St. Andrew Place from abandoned Lyon Street. 5 o Revise the site plan to depict the abandonment of the westerly and easterly catch basins and storm drain laterals. Revise the site plan to depict the relocation of the westerly storm drain catch basin. The catch basin and storm drain laterals from catch basin to the city storm drain trunk are to be private and maintained by the applicant. Revise the site plan to depict the southerly fire hydrant on the west side of Lyon to be relocated to a 10' x 10' area clear of proposed parking. 8 o Revise the site plan to remove "TO BECOME" notes for all fire hydrants along Lyon Street. Ail fire hydrants shall remain public. PL1 .sa/exhib0696 Exhibit C -2- Revise the site plan to depict the abandonment of the easement for sidewalk purposes dedicated to the City of Santa Ana on the east and west side of Lyon Street. 10. Revise the site plan to depict the complete abandonment of the easement for public utility purposes granted to Pacific Bell. 11. Revise the site plan to limit and restrict landscape planting to ground cover on the easement for sewer purposes, C.C.& R,'s must be recorded restricting landscape planting to ground cover on the easement for sewer purposes. 12. Revise the site plan to depict the match line for construction between the parking lot for 1610 E. St. Andrew Place and the improvements added by the Lyon Street abandonment. 13, Revise the site plan to depict the removal of the existing sidewalk and easement on the west side of Lyon Street from the beginning of curb radius at St. Andrew Place south the cul-de-sac. 14. Revise the site plan to note C.C.& R.'s to restrict landscape planting to ground cover over the City's easement for city storm drain and water line on Lyon Street. 15. Revise the site plan to clearly depict and identify all existing and proposed right-of-way and easements. 16. Revise the site plan to depict the restriping and signage for the south bound leg of Lyon Street at St. Andrew Place. Prior to release of abandonment documents for recording, complete the following: Remove Southern California Edison street lighting on Lyon Street. Restripe and install signage per approved channelization plan for Lyon Street and Lyon abandonment. PL1 .sa/exhibC/696 Exhibit C 8 o 10. Reconstruct Lyon Street to grade and improve Lyon Street per approved improvement plan, which is to include: reconstruction of curb and gutter on the west side of Lyon Street, raised median island mid block wheelchair ramps on west side of Lyon, new mid block drive approach on the west side of Lyon Street, relocation of existing fire hydrant, the reconstruction of existing westerly catch basin and storm drain lateral, the reconstruction of Lyon Street cul-de-sac, reconstruction of drive approach at the cul-de-sac for 1700 East St. Andrew Place, the relocation of the existing fire hydrant located at the cul-de-sac, the reconstruction of the northerly drive approach, the relocation of Middle Street light located on the east side of Lyon Street, the construction of a mid block wheelchair ramp, parking expansion, landscape, irrigation and lighting per approved improvement plan. Record the LLA 96-003 for consolidation of Parcel No. 11 of PM 85-226 and Parcel No. 1 of LLA 94-7. Record approved C.C. & R.'s. Record a traffic signal easement for Lyon Street. Record reciprocal drainage access and maintenance easement for the abandoned portion of Lyon Street for Ingram Micro and McDonnell-Douglas. Amend easement area to abandon westerly and easterly catch basins and storm drain laterals from city easement area. Amend the easement to abandon the sidewalk dedicated to the City of Santa Ana on the east and west side of Lyon Street. Amend the easement to abandon Pacific Bell public utility easement. PL1 .sa/exhibCJ696 Exhibit C -4- II. The following are Conditions of the Planning Division: A. Prior to site plan approval please resolve the items identified below: Since two parcels are effected by the abandonment of Lyon Street, a reciprocal access agreement between the adjacent property owners must be recorded prior to the abandonment of Lyon Street. Parking is also proposed off Lyon Street, so a reciprocal parking agreement will also be required to be approved and recorded. The new parking areas proposed must comply with the Development Agreement approved for PacifiCenter. 3 o Relocate all camphor trees removed along the west side of Lyon Street into the new configuration for the private drive aisle. Maintain a five foot minimum for all planter widths between the new driveway aisle and the parking areas. Show relocated camphor trees on preliminary landscape plan. B o Prior to release of abandonment documents for recordinq, complete the followinq: 1. Record Lot Line Adjustment 96-3.