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Home My WebLink About75B - PH ABANDONMENT ROSS STREET AND CIVIC CENTERREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 2, 2009 TITLE: PUBLIC HEARING FOR ABANDONMENT NO. 09-01: TO ABANDON A PORTION OF ROSS STREET AND A PORTION OF THE CIVIC CENTER ADJACENT TO THE STATE APPELLATE COURT ~•',, CITY MANAGER ~, RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S' Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution of the City Council of Santa Ana abandoning a portion of the west side of Ross Street north of Santa Ana Boulevard and a portion of the Civic Center northeast of the Civic Center Parking Structure. DISCUSSION In 2005, the City approved the sale of the property at the northwest corner of Santa Ana Boulevard and Ross Street to the State of California for the construction of a new appellate courthouse. This transaction coincided with the construction of the Civic Center Parking Structure just south of City Hall. At the time, the limits of the property boundary sold were based on preliminary layouts for both the parking structure and courthouse. Upon further development of these sites, it became clear that the property line needed to be modified to better fit the proposed sites. Abandonment of City right-of-way at two locations is required to better fit the final site layouts; one on Ross Street and the other to the northwest of the parking structure in the Civic Center (Exhibit 1) . The portion of Ross Street to be abandoned is located behind the sidewalk and is not necessary for traffic circulation. The State is proposing to use the abandoned land to accommodate access to their site which will enhance the existing pedestrian circulation. This abandonment will also provide a consistent street right-of-way width along Ross Street. All effected utility companies have been contacted and no objections to the abandonment have been received. There are existing underground utilities within the proposed abandoned area including a Southern California Edison (SCE) vault and conduits; Time Warner conduits and City fiber option conduits. The proposed resolution will abandon the City's portion of the street with easement reservations for SCE, Time Warner and City facilities. 75B-1 Abandonment No. 09-O1 February 2, 2009 Page 2 The portion of the Civic Center to be abandoned is located at the northwest corner of the Civic Center Parking Structure. This location is not necessary for traffic and/or pedestrian circulation. The area is just east of the new plaza area at the north end of the parking structure. This abandonment will allow the future landscaping for the courthouse planned for this area to be on State property for them to maintain. All effected utility companies have been contacted and no objections to the abandonment have been received. There is an existing City water main and fire hydrant within the proposed abandoned area. The proposed resolution will abandon the City's portion of the Civic Center with an easement reservation for the water main. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption ER No. 2008-248 will be filed for this report. FISCAL IMPACT There is no fiscal impact associated with this action. James G. ss Executive Director Public Works Agency 75B-2 VACATION ~k2 ~ i .... PARKING STRUCTURE APPELLATE COURT SITE ~. P~ ~' GJ ~. ~J ~ /~ PPP .~'. ~ 5 ~~ ~ ~ i I ~ I i FXHIRIT 1 W VJ O Q i i i i i i i L ~ 1 ~ ~ VACATION #1 I ~_ 5TH STREET i SANTA ANA Title CITY COUNCIL PUBLIC HEARING ABANDONMENT NO. 09-01 P W q AGENDA DATE TO ABANDON PORTIONS OF ROSS STREET AND FEBRUARY 2, 2009 PORTIONS OF THE CMC CENTER ADJACENT ~~ .~5 ~~r TO THE STATE APPELLATE COURT Z w J N ,. i ,; r,r it RESOLUTION NO. 2009- 1/27/09 BK A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO VACATE (1) A PORTION OF THE WEST SIDE OF ROSS STREET NORTH OF SANTA ANA BOULEVARD, AND (2) A PORTION OF THE CITY'S "CIVIC CENTER" WEST OF THE NEW COURT OF APPEAL (ABANDONMENT NO. 09-01) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council finds, determines and declares as follows: A. By adoption of Resolution No. 2009-001 on January 5, 2009, which was adopted pursuant to and in accordance with Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code of the State of California, the City Council declared its intention to vacate (1) a portion of the west side of Ross Street north of Santa Ana Boulevard, and (2) a portion of the City's Civic Center west of the new Court of Appeal and northwest of the new parking garage. B. The two proposed vacation areas are described on the legal descriptions labeled Exhibit A (as "City to State Ross Street Parcel" and "City to State Parcel", respectively) and shown on the maps labeled Exhibit B, respectively, and attached hereto and made a part hereof by this reference. C. Said resolution gave notice that, at the hour of 6:00 P.M. or as soon thereafter as the matter can be heard on February 2, 2009, in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, California, a public hearing would be held by this Council at which time any and all persons interested in or objecting to the proposed vacation hereinabove described may appear and be heard. D. This Council, at the time and place set for hearing, heard and considered any and all persons interested in or objecting to said proposed vacation of said alleys and received and considered all evidence submitted. E. The Council finds that the proposed vacations are not necessary for traffic circulation and are unnecessary for present or prospective public use. F. Pursuant to the provisions of § 892 of the Streets and Highway Code of the State of California, the proposed vacations are not useful as a nonmotorized transportation facility, as defined in § 887 of said Code. 75B-4 Section 2: The City Council of the City of Santa Ana hereby approves the vacations described above. Section 3: Pursuant to § 8340 of the Streets and Highways Code, the City Council reserves and excepts from the above vacations 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 said vacations 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 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. The City Council also reserves and excepts from the above vacations an easement for future street or highway purposes. Moreover, if there are any in-place public utility facilities that are in use, including but not limited to water mains and service, electrical facilities, fiber optic facilities, and cable TV facilities, the City Council reserves and excepts from the above vacations an easement and right necessary to maintain, operate, replace, remove or renew the public utility facilities. Section 4: 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. Section 5: The abovesaid portion of Ross Street shall not be deemed vacated until this resolution is recorded. Closure of the abovesaid street to vehicular and pedestrian traffic, as appropriate to allow for the construction of the public improvements prior to recordation of this resolution, is hereby approved pursuant to § 21101 of the California Vehicle Code. ADOPTED this day of , 2009. Miguel A. Pulido Mayor 75B-5 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief 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. 2009- 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 Page 1 of 2 PENCO ENGINEERING, INC. ONE TECHNOLOGY PARK-BUILDING J-725 IRVINE, CA 92618 JULY 17, 2008 JN: 01027.13 EXHIBIT "A" LEGAL DESCRIPTION CITY TO STATE-ROSS STREET PARCEL THAT PORTION OF LOTS 1 AND 10, BLOCK "B" OF ROSS ADDITION TO SANTA ANA, IN THE CITY OF SANTA ANA, COUNTY ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 3, PAGES 534 AND 535 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE RECORDER OF LOS ANGELES COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF SANTA ANA BOULEVARD, (WEST) AND ROSS STREET AS SHOWN ON RECORD OF SURVEY 95-1031, RSB 149/49-50, RECORDS OF SAID COUNTY; THENCE ALONG THE CENTERLINE OF SAID SANTA ANA BOULEVARD SOUTH 49°02'03" WEST 35.24 FEET; THENCE AT RIGHT ANGLES NORTH 40°57'57" WEST 54.00 FEET TO THE NORTHWESTERLY LINE OF SANTA ANA BOULEVARD AND THE TRUE POINT OF BEGINNING; SAID POINT ALSO BEING THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 25.00 FEET, A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARING NORTH 40°57'57" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE 21.67 FEET THROUGH A CENTRAL ANGLE OF 49°39'26" TO A LINE PARALLEL WITH AND 53.00 FEET WESTERLY OF SAID CENTERLINE OF ROSS STREET; THENCE ALONG SAID PARALLEL LINE NORTH 00°37'23" WEST 111.77 FEET: THENCE NORTH 47°32'35" EAST 17.45 FEET TO A LINE PARALLEL WITH AND 40.00 FEET WESTERLY OF SAID CENTERLINE OF ROSS STREET; THENCE ALONG SAID PARALLEL LINE SOUTH 00°37'23" EAST 112.83 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 24.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE 20.80 FEET THROUGH A CENTRAL ANGLE OF 49°39'26"; F:UOB\2 0 0410 1 02 7.01 \SUR VEY\LegalDescriptionslLEGAL-CITY-TO-STATE-ROSS-ST.doc 75B-7 Page 2 of 2 THENCE SOUTH 49°02'03" WEST 17.52 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING: 1,609 SQUARE FEET, MORE OR LESS. EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO: COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHT-OF-WAY OF RECORD, IF ANY. THIS DESCRIPTION 1~S PREPARED BY ME OR UNDER MY DIRECTION. WILLIAM E. SN 'DATE - P.L.S. NO. 47 ~~ NP~ t,q REG. EXP: 09 30/09 ~0 ate. No.44~ ~ ~ EXP' G ~ clj, \Q. qTF CF C A~~F~~~ F:UOB12004\0l 027.01 \SURV EY\LegalDescriptions\LEGAL-CITY-TO-STATE-ROSS-ST.doc 75B-8 Page 1 of 2 PENCO ENGINEERING, INC. ONE TECHNOLOGY PARK-BUILDING J-725 IRVINE, CA 92618 JULY 17, 2008 JN: 01027.13 EXHIBIT "A" LEGAL DESCRIPTION CITY TO STATE PARCEL THAT PORTION OF LOTS 4 AND 5, BLOCK "B" OF THE ROSS ADDITION TO SANTA ANA, IN THE CITY OF SANTA ANA, COUNTY ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 3, PAGES 534 AND 535 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE RECORDER OF LOS ANGELES COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF SANTA ANA BOULEVARD, (WEST) AND ROSS STREET AS SHOWN ON RECORD OF SURVEY 95-1031, RSB 149/49-50, RECORDS OF SAID COUNTY; THENCE ALONG THE CENTERLINE OF SAID SANTA ANA BOULEVARD SOUTH 49°02'03" WEST 248.90 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 800.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE 79.51 FEET THROUGH A CENTRAL ANGLE OF 05°41'39"; THENCE RADIAL TO SAID CURVE NORTH 35°16'18" WEST 54.00 FEET TO THE INTERSECTION OF THE NORTHWESTERLY LINE OF SAID SANTA ANA BOULEVARD AND THE WESTERLY LINE OF THE REAL PROPERTY DESCRIBED AS EXHIBIT "A" IN THE MEMORANDUM OF AGREEMENT RECORDED AS INSTRUMENT NO. 2006-000052301 OF OFFICIAL RECORDS; THENCE ALONG SAID WESTERLY LINE NORTH 00°37'23" WEST 342.65 FEET; THENCE NORTH 89°22'37" EAST 44.90 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING THE BEGINNING OF A NON TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 38.00 FEET, A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARING NORTH 80°42'02" WEST; THENCE NORTHERLY ALONG SAID CURVE 37.94 FEET THROUGH A CENTRAL ANGLE OF 57° 12'05"; THENCE NORTH 78°48'18" EAST 11.27 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 33.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE 26.84 FEET THROUGH A CENTRAL ANGLE OF 46°35'40"; THENCE SOUTH 00°37'23" EAST 51.08 FEET; F:UOB12004101027.011SUR VEY\LegalDescriptionsll,EGAL-CITY-TO-STATE-PARCEL. doc 75B-9 Page 2 of 2 THENCE SOUTH 89°22'37" WEST 21.10 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING: 981 SQUARE FEET, MORE OR LESS. EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO: COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHT-OF-WAY OF RECORD, IF ANY. THIS DESCRIPTION W EPARED BY ME OR UNDER MY DIRECTION. ~ _ d112.t lOtf WILLIAM E. SNOW ~ DATE P.L.S. NO. 4725 ~I,~ LA REG. EXP: 09/30/ 9 ~~~ E. ,,~, \;PM y~ 7 a. N 0 ~ Exp. cf' ~9T F of c F:UOB12004\01027.01\SURVEY\LegalDescriptions\LEGAL-CITY-TO-S"GA'T'E-PARCEL.doc ~i 75B-10 EXHIBIT 'B' SHEET 1 OF 1 CITY TO STATE-ROSS STREET PARCEL 5 4 3 2 1 40' U~ N47'3~'35"E 17.45' , .1 ~ ~ 0 A ~ ~ ~ O ' ` " %" ~ H S I ~ ,~ ~- _... ~ q q ~ ~~ ~ ~ N l N D ' p M ' ~Q[~~ T f` ,~ ~ v L / ~ r'~ ~ o i \ ~ / O ~ I N Q O i O Z Z 13' 6 7 8 9 o / MM 3~ ~ D= 49'39 26 ;.101 ; % 40' " ' ' ~ '`~~~ R=25.00 26 X49 39 L=21.67' R=24.00' ~~ L=20.80' 3 TPaB Hsu\s~ ~ S49'02'03"W 17.52' ~ Sj gyp" `l,~` ~ ',._ ... _ .. _ _._.__ _...._ __..__ ...__._ _.... __... ~ s F ~ FIFTH ST. ~~ A" ~ ' o 0~ S (ABANDONED) N ~ ~~~~" ~~~ , y ~, ~ 5 4 s ~~, i o ~'' 0~~~ ~ ~K q ~ SCALE: 1 "=60' ~ ~ s ~~ ~ a ~ ~ U L ~ y 1 v d X" ~ v ~J ~~ J } / ~p1. LAHa W ~ > / \~ s y~ ~ pM E , G~ ~ ~~. Sy L i. o 3~ EXPIRES ~~. ~ ~ N LEGEND o ~L ~ a SEPT. 30, 2009 m No. 4725 Q ~ a o ~% CITY TO STATE _ WILLIAM E. W DATE 9r Q~ ' ROSS STREET PARCEL. P.L.S. N0. 725 F v ~F° p 1609 SF, MORE OR LESS. REG. EXP: 9/30 09 F CAL o SKETCH TO ACCOMPANY SCALE: AS-SHOWN INC. PENCO ENGINEERING A LEGAL DESCRIPTION , DRAWN BY: REP Civil Engineering One Tea,naoey ~ Planning ~,~ J-TZ5 CITY O F CHECKED BY: WES Surveying ~, ~~ 926,E (949) 753-8711 SANTA A N A DATE: 06-11-08 CITY TO STATE-ROSS STREET PARCEL JOB No. 01027.13 75B-11 EXHIBIT 'B' CfTY TO STATE PARCEL 0= 46'35'40" ._ ......................... R=33 00' L=26.84' N78'48'18"E 11!.27' x=57"12'05" R=38.00' L=37.94' ,nn an=. ' 37"I ~V/1~ ~~~ rV~~/1'~ ~ rV1 W O W Z ~ ~ N /~ Z d F-1 Q r`] CO Q ~ ~ r7 N r Ml 0 z 00 z ~ O ~ N Z ~, w~ z~ ~o r I J ~ ~ O ~. w 1 pp N o~ 'n o %~ ~ 4 3 ,N89'22'37'4E 21.10' ~w ~ w 40' ~ ~ 53' ~ ~a i~ FIFTH ST. (ABANDONED) 5 _ _. _._ 4 _._ / ti ~°~ ~;~ ~ ~~ A 5~~~ ~ ~QO / ~~ ~ ~1~ ~' y 1 ~,5g ~ ~,~~. LEGEN D CITY TO STATE PARCEL 981 SF, MORE OR LESS. PENCO ENGINEERING, INC. Civil Engineering one Tedvido9Y Pa~c g J-T25 Surveying h~vr~e~, C~forr~ia 92618 (949) 753-8T11 WILLIAM E. S W DATE P.L.S. N0. 25 REG. EXP: 30 09 SKETCH TO ACCOMPANY A LEGAL DESCRIPTION CITY OF SANTA ANA CITY TO STATE PARCEL SHEET 1 OF 1 Q Q c~ N V W 0 N M J W U Q 2 W r 0 N r n U ,,,VIII 0 SCALE: 1 "=60' a i U v Q d N J r w y~O~pp L~ Ha SGT ~y ~ Sy L o ~' ,~~ EXPIRES o~ ~o 0 a SEPT. 30, 2009 ~ o \m No. 4725 ~ a 0 SCALE: AS-SHOWN DRAWN BY: REP CHECKED BY: WES DATE: 06-11-08 JOB No. 01027.13 ~~ 75B-12