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HomeMy WebLinkAbout75B - PH ABANDONMENT 06-04 GRAND AVEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 5, 2007 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED ^ As Recommended PUBLIC HEARING - ABANDONMENT ^ As Amended NO. 06 - 04 : TO VACATE A PORTION OF ^ Ordinance on 1St Reading ^ Ordinance on 2"d Reading GRAND AVENUE AND FAIRHAVSN AVENUE ^ Implementing Resolution INTERSECTION ^ Set Public Hearing For_ /~ CONTINUED TO ~ / ~~~~- FILE NUMBER CITY MANAGER ', i' RECOMMENDED ACTION 1. Adopt a resolution vacating a portion of land at the northeast corner of Grand Avenue and Fairhaven Avenue. 2. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement for the sale of the City's fee interest in a portion of the street to SCP Avondale, LLC for $1.00. DISCUSSION On September 17, 2007, the Council drafted a resolution declaring the city's intent to vacate a portion of land at the northeast corner of Grand Avenue and Fairhaven Avenue. The applicant, The Bergman Companies, has received entitlements to construct a retail project on a vacant site at 2701 North Grand Avenue. The project involves the construction of a new 2,700 square foot building, including a 1,700 square foot Starbucks and a 1,000 square foot space for a future retail tenant. The City owns a 35-foot by 45-foot corner cutoff at the northeast corner of Grand Avenue and Fairhaven Avenue (Exhibit 1). As a condition of the project, the City required the developer to process a street vacation for the portion of right of way in excess of a 25-foot by 25- foot corner cut-off, which is required by Santa Ana Municipal Code to ensure site visibility and safety. The right of way to be vacated is approximately 352 square feet in area, quadrilateral-shaped, and adjacent to the concrete access ramp landing at the subject corner. The right of way was acquired by Caltrans on April 30, 1964, relinquished by Caltrans, and became City right of way by annexation June 3, 1969, per Resolution 69-80. 75B-1 Abandonment No. 06-04 November 5, 2007 Page 2 A submitted preliminary title report identified the City of Santa Ana as fee owner of the land. According to an appraiser retained by Public Works Agency, the land is of nominal value due to its substandard size. Utility companies, other government agencies and City departments were advised of the street vacation, and do not object to the abandonment. There are existing overhead utilities within the proposed vacated area. Therefore, a public utility easement will be reserved in the proposed resolution. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from further review per section 15315. Categorical Exemption ER No. 2007-63 will be filed for this project. FISCAL IMPACT The $1.00 land sale proceeds will be received into the General Fund for Sale of Property Account (account no. 11-O1-5721). APPROVED AS TO FUNDS AND ACCOUNTS: i~~ G~~ ~ ~ James G. Ross Executive Director Public Works Agency Francisco Gutierrez Executive Director G~ Finance & Mgmt. Services Agency 75B-2 i - - - - - PROLONGATION OF PROPERTY LINE SCALE: 1" = 30' EXHIBIT 1 °NT" Ah~A Title: City Council ~ ' ~~~~~; ,~ Agenda Date: November 5, 2007 ~~~~ ~~ ~oRK, e~~~~, PUBIC HEARING -ABANDONMENT NO. 06-04: TO VACATE A PORTION OF GRAND AVENUE AND FAIRHAVEN AVENUE INTERSECTION J4P.''....-."M ~9 ~~ \~r ~' ~. u~ ~~ 75B-3 `t`'t"°: FAIRHAVEN AVENUE AREA TO BE ABANDONED RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING A PORTION OF LAND AT THE NORTHEAST CORNER OF GRAND AVENUE AND FAIRHAVEN AVENUE AT 2701 NORTH GRAND AVENUE (ABANDONMENT NO. 06-04) KO 10/29/07 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 Council of the City of Santa Ana adopted, on September 17, 2007, Resolution No. 2007-067 wherein it declared its intention to vacate with conditions, 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 land at the northeast corner of Grand Avenue and Fairhaven Avenue. B. The proposed abandonment area, approximately 352 square feet in area, quadrilateral-shaped, and adjacent to the concrete access ramp landing at the northeast corner of Grand Avenue and Fairhaven Avenue at 2701 North Grand Avenue, is shown on Exhibits A & B attached hereto and incorporated herein by this reference. C. Resolution 2007-067 gave notice that at its meeting of October 15, 2007, at 6:00 p.m., or as soon thereafter as the matter could be heard, this Council would hear any and all persons interested in or objecting to said proposed vacation. On October 1, 2007 the City Council continued the October 15, 2007 hearing to November 5, 2007. D. This Council finds that said Resolution has been published in the manner prescribed by law for the publishing of ordinances of the City. E. This Council further finds that 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. F. 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 portions of the streets and received and considered all evidence submitted. 75B-4 G. This Council finds from all the evidence submitted that said portions of the streets are unnecessary for present or prospective public use, based upon the following findings of fact: 1. Said portions of said streets are not necessary to provide access to abutting property owners; and 2. Said portions of said streets are unnecessary for present or prospective public use. H. Pursuant to the provisions of section 892 of the Streets and Highway Code of the State of California, the City Council does hereby find and determine that neither said portions of the streets nor any part thereof are useful as nonmotorized transportation facilities, as defined in section 887 of said Code. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review per California Code of Regulations Title 14, section 15315. Categorical Exemption Environmental Review No. 2007-63 will be filed for this report. Section 2. This Council does hereby order that that portion at the northeast corner of Grand Avenue and Fairhaven Avenue at 2701 North Grand Avenue as shown on the legal description and map labeled Exhibit A and B, respectively, attached hereto and made a part hereof by this reference, be, and the same is, hereby vacated. A. Pursuant to section 8340 of the California Streets and Highways Code, the City Council reserves and excepts from the above vacation an 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 these works from all hazards in, upon, and over the area of Sycamore Street hereby vacated. The City Council also reserves and excepts from the above vacation an easement for future street or highway purposes. Moreover, if there are any in-place public utility facilities that are in use, the City Council reserves and excepts from the above vacation an easement and right necessary to maintain, operate, replace, remove or renew the public utility facilities. Section 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 75B-5 County. Section 4. Said portions of the streets shall not be deemed vacated until this resolution is recorded. ADOPTED this day of November, 2007. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the 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 the Council City of Santa Ana 75B-6 EXHIBIT ~A" LEGAL DESCRIPTION STREET ABANDONMENT 1N THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PARCEL OF LAND DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 2 AS SHOWN BY MAP ON FILE IN BOOK 4, PAGE 45 OF PARCEL MAPS, RECORDS OF SAID COUNTY: THENCE N 88°59'38" W 79.35 FEET, ALONG THE SOUTHERLY LINE OF SAID PARCEL 2, BEING THE NORTHERLY LINE OF FAIRHAVEN AVENUE, HAVING A HALF WIDTH OF 40.00 FEET, TO AN ANGLE POINT IN SAID LINE AND THE TRUE POINT OF BEGINNING OF THE LAND DESCRIBED HEREIN; THENCE CONTINUING N 88°59'38" W ALONG THE WESTERLY PROLOGATION OF SAID LINE 15.34 FEET; THENCE N 50°07'12' W 44.08 FEET, TO THE BEGINNING OF ANON-TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 1950.00 FEET, A RADIAL LINE TO SAID POINT BEARS S 78°33'36' W; THENCE NORTHERLY ALONG SAID CURVE, BEING THE SOUTHERLY CONTINUATION OF THE EAST LINE OF GRAND AVENUE, HAVING A HALF WIDTH OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 00°11'22', AN ARC LENGTH OF 6.45 FEET TO A POINT ON SA[D EASTERLY LINE, A RADIAL THROUGH SAID POINT BEARS S 78°44'58' W; THENCE S 55°21'07' E 61.30 FEET, ALONG THE EXISTING CORNER CUTBACK TO THE TRUE POINT OF BEGINNING. THIS PARCEL HAS AN AREA OF 349.48 SQUARE FEET MORE OR LESS. ATTACHED HERETO IS A PLAT LABELED EXHIBIT'B' AND BY THIS REFERENCE IS MADE A PART HEREOF. THIS DOCUMENT, CONSISTING OF EXHIBITS "A' AND "B", WAS PREPARED BY ME OR UNDER MY DIRECTION ON OCTOBER 21, 2006. THOMAS M. THOMSEN, P.L.S. 7200 EXPIRES 12-31-2007 75B-7 i i ~! 0 ~ EXHIBIT "B" y STREET ABANDONMENT 1 00, (RAD.) 1 15a. N81' 28, 44 E 50' L=92.89' R=1950.00' ~~ ~~ D= 02'43' 46" o ~ ~ij ° a V~ Q ~° Qo t ` FtAD R=1950.00' _57$ 44 5a "W (~~ D=00'11'22" 5733 36 AREA OF VACATION `~S~~, IS 349.48 S.F. HS°o , °~£ ~7?~ 6y~, P.O.E ~C~p, --- N88'S9'38"Y41 79.35' Nt3~59'38"W 15.34' T.P.O.B. b FA/RHA VE/V ~ A 1/EHIIE M g~~ ~ eG tp~ 5 µ ~ Ty 'pL O o~~ ~o A ~ REGISTRATIpN Z EXPIRES 1231-07 ~'~ ~ 72~ ~? ~O~ystm J~^ ~ ~ ~`~' Eo-24-ae THOMAS N. THOMSEN DATE: P.L.S. N0.7200 ~~~~ C/VlL ©NGMfEFJt1NG COMPANY, tNC. •LANDPL~4NNNYG 2587 SAN JACA~ib AVE SAN JAgMO, CA 92M3 PHOI~(~il}925070 FAX(55i}925.74M YVE~wMwon~ampetryoom a a 0 u~ CV N O O a z o' sa so' 1'30' Drawn Ely: T.M.T. Checked By: T.M.T. SHT. ND. Date:10-24-2006 OF ~ SHEEfS 75B-8