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Home My WebLink About12A - ABANDON 17TH AND TUSTINREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 16, 2007 TITLE: ABANDONMENT NO. 07-O1-S: TO VACATE A PORTION OF TUSTIN AVENUE LOCATED SOUTH OF THE 17'"' STREET AND TUSTIN AVENUE INTERSECTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~aReading ^ Ordinance on 2 Reading ^ Implementing Resolution ^ Set Public Hearing For / ~, CONTINUED TO ~ 1'''~d FILE NUMBER CITY ANAGER RECOMMENDED ACTION Adopt a resolution vacating a portion of the east side of Tustin Avenue, between Tustin Centre and 17th Street. DISCUSSION On March 17, 2003, City Council approved Tentative Parcel Map 2002-164 for 1501 through 1551 North Tustin Avenue, and the map was recorded on May 30, 2003. With the recordation of the map, the City accepted an offer dedication for a future bus turnout just north of Tustin Centre (Exhibit 1). On June 15, 2006, however, the Orange County Transportation Authority (OCTA) staff gave written notice that the proposed location does not meet its current safety standards. City staff has determined that the existing bus stop at the northeast corner of 17th Street and Tustin Avenue is sufficient to satisfy the public demand in the vicinity of this location, and the removal of the bus stop at Tustin Centre would not reduce bus ridership. The applicant, The Muller Company, has requested that the City vacate this 600 square foot irregular shaped portion of excess right-of-way. The City will retain a portion of the dedicated area to be used for the future extension of the northbound right-turn lane at 17th Street and Tustin Avenue. In addition, the underlying land owner, Tustin Centre Tower LLC, will provide an irrevocable offer to dedicate a portion of the land north of the proposed vacated area for the future northbound right turn lane extension (Exhibit 2). The vacation will extinguish the City's street easement and the land will revert to the current owner, Tustin Centre Tower LLC. 12A-1 Abandonment No. 07-O1-S July 16, 2007 Page 2 This abandonment is being processed as a summary vacation, since the street right-of-way lies adjacent to a single property ownership and has not been utilized for street purposes for more than five consecutive years. All affected utility companies have been contacted and no objections to the vacation have been received. There are no existing overhead or underground utilities within the proposed vacated area. Therefore, a public utility easement is not needed in the proposed resolution. I3NVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption ER No. 2007- 104 will be filed for this project. FISCAL IMPACT There is no fiscal impact associated with this action. .~ R~ James G. Ross Executive Director Public Works Agency 12A-2 KO 7/10/07 RESOLUTION NO. 2007- A RESOLUTION APPROVING THE SUMMARY VACATION OF 600 SQUARE FOOT IRREGULAR SHAPED PORTION OF EXCESS RIGHT-OF-WAY ON THE EAST SIDE OF TUSTIN AVENUE BETWEEN TUSTIN CENTRE AND 17T" STREET 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 intends to vacate a 600 square foot irregular shaped portion of excess right-of-way on the east side of Tustin Avenue between Tustin Centre and 17th Street 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. B. The vacation of Tustin Avenue is a summary vacation because the street lies within property under one ownership pursuant to the provisions of section 8334 of the Streets and Highway Code of the State of California. All property adjacent to said street is owned in fee by Muller Company. Also, the strip of Tustin Avenue to be vacated has not been utilized for over five years. C. The portion of the east side of Tustin Avenue to be vacated is not necessary for traffic and/or pedestrian circulation. D. There are no existing overhead or underground utilities within the proposed vacated area and it is unnecessary to reserve an easement for public service purposes or for future street or alley purposes. E. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption ER No. 2007-104 will be filed for this project. Section 2. The City Council of the City of Santa Ana hereby approves the summary vacation of the 600 square foot irregular shaped portion of excess right-of-way of Tustin Avenue, as more particularly described in Exhibit 1 hereto, which is incorporated herein by reference. Resolution No. 2007-XXX Page 1 of 2 12A-5 Section 3. Said street shall not be deemed vacated until this resolution is recorded. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2007. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers: Councilmembers: Councilmembers: Councilmembers: Miguel A. Pulido Mayor CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2007- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of Council City of Santa Ana Resolution No. 2007-XXX Page 2 of 2 12A-6 EXHIBIT "A" STREET VACATION ~- z -o SCALE: 1"=100' ~ TUSTIN AVENUE - - __ _ N~0'28'33'E 367.90___ 1~_..'. ` D A m '° m LL ~ r Q N f 500'13'S6'W 31.06' Pj 8q (-_ w L ~~ ~ L ~" L•t i~..'.w ~~7. ~ V 'L• ~ ~~ w m `m w L- L v L In \ \ ~i I I LLL t~ ~~ I. L^ m D ~ LL m r LL NL, p9w SP~~~E~P~(1 s~ PME ~L D (7 m r W N00'13'12'E Vv LZ N2100 ~ y5 S~ P~~N\GN.TIP AGO WILLIAM E. SNOW P.L.S. N0. 4725 REG. EXP: 09/30 PENCO ENGINEERING, INC. SKETCH TO ACCOMPANY Civil Engineering p~ i A LEGAL DESCRIPTION Planning POn' surveying ~.Caiforria42618 CITY OF ceae>>s3-em SANTA ANA SHEET10F2 ~,! ~~j~> 3~i ,`1 )1~~ ~7l w \\> ~'. ~ 3 EXPIRES "~ ~-C SEPT. 30, 2007 A E n No. 4725 0 9\CF CA~~F ~~ DRAWN BY: GFM CHECKE DATE__Og-2g_O6 JOB No. 1723.01 H N a E a 0 M 0 0 0 3 v 0 .o U J HI fn T i 0 i 0 0 N i m 0 i EXHIBIT "A" STREET VACATION SHEET20F2 -------_-r-- ~ C3 I I I a a 0 M O N O O N N W ~-- x -~ 7 LEGEND: ~~~~1r ~ i t t'111 STREET VACATION PENCO ENGINEERING, INC. Civil Engineering p~ T Planning g~~ yeC'Y ~` Surveying ~, ~~ q26~ (caa)~ss-em SKETCH TO ACCOMPANY A LEGAL DESCRIPTION CITY OF SANTA ANA DRAWN BY: GEM CHECKED BY: WES DATE• JOB N 12A-8 U 3 C O .o ~~ M N n 0 i °o i m 0 Page 1 of 2 PENCO ENGINEERING, INC. ONE TECHNOLOGY PARK-BUILDING J-725 IRVINE, CA 92618 January 26, 2007 EXHIBIT "A" JN: 1723.01 LEGAL DESCRIPTION FOR STREET VACATION FOR A PORTION OF TUSTIN AVENUE THAT CERTAIN AREA OF LAND KNOWN AS TUSTIN AVENUE, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AS GRANTED TO THE COUNTY OF ORANGE BY PARCEL MAP 2002-164 RECORDED MAY 30, 2003 IN BOOK 331, PAGES 15 THROUGH 19 OF OFFICIAL RECORDS.IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID CERTAIN AREA DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTHERLY LINE OF PARCEL 3 AS SHOWN ON SAID PARCEL MAP WITH THE EASTERLY LINE OF SAID TUSTIN AVENUE; THENCE SOUTHERLY ALONG SAID EASTERLY LINE OF TUSTIN AVENUE, SOUTH 00°28'33" WEST 3.00 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 40.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 7.90 FEET THROUGH A CENTRAL ANGLE OF 11°18'36"; THENCE SOUTH 10°50'03" EAST 21.54 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 10°50'03" EAST 29.75 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 60.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 11.84 FEET THROUGH A CENTRAL ANGLE OF 11°18'36"; THENCE SOUTH 00°28'33" WEST 39.38 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 60.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 12.36 FEET THROUGH A CENTRAL ANGLE OF 11 °48'18"; THENCE SOUTH 12°16'51" WEST 38.35 FEET TO THE BEGINIING OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 100.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE 20.60 FEET THROUGH A CENTRAL ANGLE OF 11°48'18"; THENCE NORTH 00°28'33" EAST 141.67 FEET TO THE TRUE POINT OF BEGINNING F: V 0B~2006\01723\Survey\LegalDescriptionsV.,EGAL-ST-V ACATION.doc 12A-9 Page 2 of 2 CONTAINING: 602 SQUARE FEET, MORE OR LESS. EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. THIS DESCRIPTION W~REPARED BY ME OR UNDER MY DIRECTION. WILLIAM E. SNOVy'~ DA E F P.L.S. NO. 4725 ,,VV((p0 REG. EXP: 09/30 7 F:UOB\2006\01723\Survey\LegalDescrip[ions\[,EGAL-S T-V ACATION.doc 12A-10