HomeMy WebLinkAbout55A - SUGAR AVENUE - MCFADDEN AVENUE .
REQUEST FOR -
COUNCIL ACTION
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CITY COUNCIL MEETING DATE: ~ " ~ ~ CLERK OF COUNCIL USE ONLY:
DECEMBFsR 21, 2 0 0 9
TITLE: APPROVED
ABANDONMENT NO . 0 8 - 01- S : ? As Recommended
STJMMARY VACATION OF SUGAR ? As Amended
? Ordinance on 1St Reading
AVENUE RIGHT OF WAY EAST OF ? Ordinance on 2nd Reading
SUSAN STREET AND NORTH OF ? Implementing Resolution
MCFADDEN AVENUE ? Set Public Hearing For
CONTINUED TO
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,/~.L„_.~._ FILE NUMBER
C TY MANAGER
RECOMMENDED ACTION
Adopt a resolution vacating excess right of way for roads, railroads and
ditches for Sugar Avenue east of Susan Street and north of McFadden
Avenue.
DISCUSSION
In 2008, the City reconstructed roadway pavement within the Santa Anita
Neighborhood as part of the Residential Street Repair program. At that
time, it was determined that the City did not own the full width of
Susan Street adjacent to 629 South Susan Street. The property owners,
Enecon and Eduarda Velasquez, granted a street easement over a portion
of their property to the City to allow for full width improvement of the
street (Exhibit 1).
During the street easement transfer process, it was discovered that a
separate portion of the Velasquez' property is encumbered by a City-
owned 20 foot wide easement for roads, railroads, and drainage ditches
(Exhibit 2). The property rights were created as a reservation of
easements in favor of the Stearns Rancho Company in 1905, later conveyed
to the County of Orange, and finally transferred to the City in 1959 as
part of the West Santa Ana Territory Annexation. The right of way was
intended to be used to bridge Sugar Avenue, now McFadden Avenue, over
the Santa Ana River. Instead, McFadden Avenue was realigned and
constructed further south.
The property owners have requested that the City to vacate the 1,616
square-foot easement. City staff recommends the actions because the
dead-end strip offers no present or prospective use to the City. City
records indicate that the Sugar Avenue right-of-way area has not been
improved as a street while within the City's jurisdiction. The area
serves as the Velasquez' a driveway. In addition, nearby portions of
Sugar Avenue right-of-way were vacated in the past.
55A-1
Abandonment No. 08-O1-S
December 21, 2009
Page 2
This abandonment is being processed as summary vacation, since the
right-of-way lies adjacent to a single property ownership, has not been
utilized for roads, railroads and ditches purposes, and no public funds
been expended to maintain the area for more than five consecutive years.
Utility companies, other government agencies and City departments were
advised of the street vacation, and do not object to the abandonment.
There are no existing overhead or underground utilities within the
proposed vacated area.
13NVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the
proposed project is exempt from further review. Categorical Exemption
ER No. 2009-158 will be filed for this project.
FISCAL IMPACT
There is no fiscal impact associated with this action.
v
Raul Godine II
Executive Di ector
Public Works Agency
55A-2
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SANTA ANA Title=
P 1 ' ~ city coi.ici AEANDONMENT N0. 08-01-S= TO SUMMARILY VACATE
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December 21, 2009
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AREA TO BE ABANDONED
EXHIBIT 2
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P I'i ~ city co~,~c~ AgAN0ONMENT N0. 08-01-S~ TO SUMMARILY VACATE m
VV 'undo DOte• SUGAR AVENUE RIGHT OF WAY EAST OF SUSAN
December 21, 2009
PU&IC ronKS AGENCY STREET AND NORTH OF MCFADDEN AVENUE
Iss12/09/09
RESOLUTION NO. 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA APPROVING THE SUMMARY
VACATION OF SUGAR AVENUE PUBLIC SERVICE
EASEMENT ON THE EAST SIDE OF SUSAN STREET
AND NORTH OF MCFADDEN AVENUE
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 20-foot public service easement
on the east side of Susan Street and north of McFadden, bordering 629
South Susan 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 summary vacation of this easement is appropriate because the
easement has not been used for the purpose for which it was dedicated
for at least five consecutive years, pursuant to the provisions of California
Streets and Highways Code § 8333. The easement was reserved in favor
of Stearns Rancho Company in 1905 and has not been utilized for roads,
railroads or drainage ditches since it was transferred to the City of Santa
Ana in 1959.
C. 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.
D. In accordance with the California Environmental Quality Act, the proposed
project is exempt from further review. Categorical Exemption ER No.
2009-158 will be filed for this project.
Section 2. The City Council of the City of Santa Ana hereby approves the
summary vacation of the 1616 square foot public service easement, as legally
described in Exhibit A and depicted in Exhibit B, attached hereto and incorporated
herein by reference.
Section 3. The City Council of the City of Santa Ana hereby directs the Clerk
of the Council to prepare a certified copy of this Resolution, and the Executive Director
of Public Works, or his designated representative, to record the certified copy in the
office of the Orange County Recorder.
55A-5
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 , 2009.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Laura Sheedy
Assistant City Attorney
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers:
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of 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 Council
City of Santa Ana
55A-6
EXHIBIT A
LEGAL DESCRIPTION OF PARCEL
55A-7
EXHIBIT "A"
LEGAL DESCRIPTION FOR STREET ABANDONMENT
IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA
THE SOUTH 20.00 FEET OF THE EAST HALF OF THE SOUTHEAST QUARTER OF
THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 5 SOUTH, RANGE 10
WEST, IN THE RANCHO LAS BOLSAS, AS PER MAP RECORDED IN BOOK 51,
PAGE 12 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY LYING WESTERLY OF THE WESTERLY BOUNDARY
LINE OF THE 400 FOOT RIGHT OF WAY OF NEWBERT PROTECTION DISTRICT,
EXCEPTING THEREFROM THE WEST 32.87 FEET OF SAID SOUTH 20.00 FEET.
TOGETHER WITH THE FOLLOWING PORTION OF THE SAID EAST HALF:
BOUNDED ON THE SOUTH BY THE NORTH LINE OF SAID SOUTH 20.00 FEET;
BOUNDED ON THE WEST BY A LINE PARALLEL WITH AND DISTANT 32.87 FEET
EAST FROM THE WEST LINE OF SAID EAST HALF;
BOUNDED ON THE EAST BY A LINE PARALLEL WITH AND DISTANT 43.00 FEET
EAST FROM THE WEST LINE OF SAID EAST HALF TO A POINT LYING 7.00 FEET
NORTH OF SAID NORTH LINE AT RIGHT ANGLE TO SAID NORTH LINE;
BOUNDED ON THE NORTH BY A LINE AND A CURVE, SAID LINE BEING PARALLEL
.AND DISTANT 7.00 FEET NORTH FROM THE NORTH LINE OF SAID SOUTH 20.00
I=FFY; THENCE WESTERLY ALONG SAID LINE A DISTANCE OF 5.00 FEET FROM
SAID POINT ON SAID EAST LINE TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 15.00 FEET; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
20°01'06" A DISTANCE OF 5.24 FEET, TO A POINT ON A LINE PARALLEL AND
DISTANT 32.87 FEET FROM THE WEST LINE OF SAID EAST HALF.
SAID ABANDONMENT CONTAINS AN AREA OF 1,616 SQUARE FEET, MORE OR
LESS.
EXHIBIT "B" ATTACHED HERETO FOR REFERENCE ONLY.
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55A-8
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EXHIBIT B
MAP DESIGNATING EASEMENT TO BE
SUMMARILY VACATED
55A-9
EXHIBIT "B"
SKETCH TO ACCOMPANY A LEGAL
DESCRIPTION FOR STREET ABANDONMENT
FOR REFERENCE ONLY
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SOUTH LINE OF THE NORTHWEST
WEST LINE OF THE EAST HALF QUARTER OF SECTION 15-5S-10W
OF THE SOUTH EAST QUARTER PER MM 51/12
OF THE NORTHWEST QUARTER
OF SECTION 15
LEGEND:
® AREA TO BE ABANDONED (PORTION OF VACATED
SUGAR AVENUE RIGHT OF WAY)
55A-10