HomeMy WebLinkAbout55DD - RESO - VACATE CUSTER STREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 21, 2014
TITLE:
ABANDONMENT NO. 14 -01 -S TO
SUMMARILY VACATE CUSTER STREET
RIGHT -OF -WAY NORTH OF WASHINGTON
AVENUE (STRATEGIC PLAN NO. 3,2)
CITY IVIANAGgk
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
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1. Adopt a resolution vacating excess Custer Street right -of -way north of Washington 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 the excess right -of -way to Naser
Kianfard and Marjan Hariri, Trustees of the 2005 Naser Kianfard and Marjan Harid Revocable
Trust dated January 20, 2005, for $2,500.00.
DISCUSSION
The applicant, Naser Kianfard, is requesting that the City vacate a portion of Custer Street north of
Washington Avenue (Exhibit 1). The area proposed to be vacated would be combined with two
adjoining parcels owned by the applicant for a residential development.
The area proposed to be vacated became remnant public right -of -way as a result of the widening of
the Santa Ana Freeway (1 -5) by the State of California ( Caltrans). As part of the widening project,
Caltrans improved the terminus of Custer Street with the construction of a cul -de -sac, which created
approximately 1,361 square feet of excess street right -of -way. The area serves as parking space and
driveway to the applicant's property.
This abandonment is being processed as a summary vacation since the excess right -of -way is not
required for public street purposes. City staff recommends the action because the excess right -of-
way offers no present or prospective use to the City. Utilities, other government agencies, and City
departments have been advised of the street vacation. Easements for gas lines and fire hydrant will
be reserved over the area being vacated through the resolution. The City of Santa Ana is identified
as the fee owner of the land according to the title company retained by the applicant. The sale price
is based on a comparative market analysis prepared by a real estate appraiser retained by the
applicant.
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Abandonment No. 14 -01 -S — Summarily Vacate Custer Street
Right -of -way North of Washington Avenue
October 21, 2014
Page 2
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #3 Economic Development, Objective #2
(create new opportunities for business /job growth and encourage private development through new
General Plan and Zoning Ordinance policies),
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the proposed project /action is exempt
from further review per section 15305. Categorical Exemption No. ER 2014 -091 will be filed for this
project/action.
FISCAL IMPACT
Land sale proceeds in the amount of $2,500 will be received into the General Fund Sale of Land
Account (No. 01102002 - 57071).
Public Works Agency
FM /EWG /AC
Exhibits: 1. Location Map
2. Agreement
3. Resolution
APPROVED AS TO FUNDS & ACCOUNTS:
Francisco Gutie rez
Executive Director
Finance & Management Services Agency
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PURCHASE AND SALE AGREEMENT
Property Address: Custer Street right of way north of Washington Avenue,
Santa Ana, California
THIS PURCHASE AND SALE AGREEMENT (the "Agreement ") dated, for
identification purposes only, as of 2014, is made and entered into by and
between the CITY OF SANTA ANA, a charter city and municipal corporation
( "Seller "), and NASER KIANFARD AND MARJAN HARIRI, TRUSTEES OF THE
2004 NASER I0ANFARD AND MARJAN HARIRI REVOCABLE TRUST
DATED JANUARY 20, 2005 ( "Buyer "), with reference to the following.
In consideration of the mutual covenants set forth herein, Buyer and Seller agree
as follows:
RECITALS
A. Seller owns that certain lot of land consisting of approximately 1,361.
square feet at the end of the cul -de -sac on Custer Street, north of Washington Avenue, ,
Santa Ana, California and more specifically described in Exhibit "A" attached hereto and
incorporated herein by this reference (the "Property ");
B. The Property is adjacent to the Santa Ana Freeway (I -5) and is being
simultaneously vacated by the City Council of the City of Santa Ana along with the sale
of the same to Buyer.
C. The Property will be combined with two adjoining parcels owned by the
Buyer for a residential development.
D. Buyer and Seller have agreed to this Purchase and Sale Agreement so that
Seller may quit claim any title it may have in the Property to Buyer,
1. A reement to Sell and to Purchase. Subject to the terms and conditions
of this Agreement, Seller agrees to sell and Buyer agrees to purchase the Property.
2. Purchase Price. The "Purchase Price" for the Property is TWO
THOUSAND, FIVE HUNDRED DOLLARS ($2,500.00).
3. Quit Claim Deed. The transfer of the Property shall be by quit claim
deed conveyance from Seller to Buyer showing title vested in Buyer.
4. Transfer Costs. Buyer shall pay all recording fees and all fees and costs
for any new financing. Buyer shall pay the premium for the title insurance policy, should
it seek title insurance.
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5. Condition of Property. Buyer acknowledges that Buyer is purchasing
the Property with fill Imowledge of its condition and that no representations or
warranties of any kind whatsoever, express or implied, have been made by Seller or by
Seller's agents. Buyer further agrees to purchase the Property in "AS IS" condition with
all faults.
6. As -Is Sale.
BUYER ACKNOWLEDGES AND AGREES THAT EXCEPT FOR
THE EXPRESS REPRESENTATIONS, WARRANTIES AND
COVENANTS OF SELLER SET FORTH IN THIS AGREEMENT,
SELLER HAS NOT MADE, DOES NOT MAKE, AND
SPECIFICALLY DISCLAIMS ANY AND ALL
REPRESENTATIONS, WARRANTIES, PROMISES,
COVENANTS, AGREEMENTS, OR GUARANTIES OF ANY
KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS
OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT, OR
FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO
THE PROPERTY, INCLUDING, BUT NOT LIMITED TO;
(A) THE NATURE, QUALITY, OR CONDITION OF THE
PROPERTY; (B) THE INCOME TO BE DERIVED FROM THE
PROPERTY; (C) THE SUITABILITY OF THE PROPERTY FOR
ANY AND ALL ACTIVITIES AND USES WHICH BUYER MAY
CONDUCT THEREON; (D) THE COMPLIANCE OF OR BY THE
PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES,
ORDINANCES OR REGULATIONS OF ANY APPLICABLE
GOVERNMENTAL AUTHORITY OR BODY, INCLUDING, BUT
NOT LIMITED TO, ANY STATE OR FEDERAL
ENVIRONMENTAL LAW, RULE OR REGULATION; (E) THE
HABITABILITY, MERCHANTABILITY, OR FITNESS OF THE
PROPERTY FOR A PARTICULAR PURPOSE; OR (F) ANY
OTHER MATTER WITH RESPECT TO THE PROPERTY.
NOTWITHSTANDING ANYTHING HEREIN TO THE
CONTRARY, SELLER IS CONVEYING THE PROPERTY TO
BUYER "AS IS, WHERE IS ", AND WITH ALL FAULTS AND
SPECIFICALLY AND EXPRESSLY WITHOUT ANY
WARRANTIES, REPRESENTATIONS, OR GUARANTEES,
EITHER EXPRESS OR IMPLIED, OF ANY KIND, NATURE, OR
TYPE WHATSOEVER FROM OR ON BEHALF OF THE
SELLER, EXCEPT FOR THE REPRESENTATIONS,
_2_
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WARRANTIES AND COVENANTS OF SELLER SET FORTH IN
THIS AGREEMENT.
7. Brokers, Buyer represents and warrants to Seller and Seller represents
and warrants to Buyer that it has not engaged or employed a broker to whom a
commission or finder's fee is payable in connection with this transaction. Buyer and
Seller each ( "Indemnitor ") agree to indemnify and hold the other harmless from and
against all liability, claims, demands, damages, or costs of any kind arising from or
connected with any broker's or finder's fees or commission or charge claimed to be due
any person arising from Indemnitor's conduct with respect to this transaction.
8. Assignment. Buyer and Seller agree that this Agreement shall be binding
upon their respective heirs, executors, administrators, successors or assigns but is
assignable by Buyer only by written consent of the City Manager, which consent the City
Manager may withhold in his sole and absolute discretion,
9. Notices. All notices, demands and requests which may be given by either
party to the other shall be in writing and shall be deemed to be given upon personal
delivery or forty -eight (48) hours after deposit in the United States mail, certified, return
receipt requested, postage prepaid, addressed to the party to be notified at their respective
headquarters. Either party may designate by written notice to the other party in the
manner set forth in this Agreement another address for notice.
10. Miscellaneous Provisions.
10.1 Waiver. The waiver of any provision of this Agreement shall be
invalid unless evidenced by a writing signed by the party to be charged therewith. The
waiver of, or failure to enforce, any provision of this Agreement shall not be a waiver of
any further breach of such provision or of any other provision hereof. The waiver by
either or both parties of the time for performing an act shall not be a waiver of the time
for performing any other act or acts required hereunder.
10.2 Modifications. No change or addition to this Agreement or any
part hereof shall be valid unless in writing and signed by each of the parties,
10.3 Governing Law. This Agreement shall be governed by California
law.
10.4 headings. The headings in this Agreement are for convenience
only and shall not be used to interpret this Agreement.
10.5 Further Acts. Each party agrees to take such further action and to
execute and deliver such further documents as maybe necessary to carry out the purposes
of this Agreement.
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10.6 No Attorneys' Fees, If either party incurs attorneys' fees to
enforce this Agreement or because of a breach of this Agreement by the other party, the
prevailing party shall not be entitled to recover attorneys' fees from the other party.
10.7 Time. Time is of the essence with respect to this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
of the date first above written.
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City A44y I
By
Ryan O.
CITY OF SANTA ANA
David Cavazos
City Manager
BUYER
By: _
Name:
Title:
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SHEET 1 OF 2
EXHIBIT "A"
LEGAL DESCRIPTION FOR THE VACATION OF A PORTION OF CUSTER STREET
PARCEL I:
A PORTION OF CUSTER STREET, 40 FEET IN WIDTH, IN THE CITY OF SANTA ANA, COUNTY OF
ORANGE, STATE OF CALIFORNIA, LYING SOUTHWESTERLY OF THE RIGHT -OF -WAY OF
INTERSTATE HIGHWAY 5 AND NORTHWESTERLY OF THE CUL -DE -SAC OF CUSTER STREET AS
SHOWN ON PAGE 5 OF RECORD OF SURVEY 2002 -1059 RECORDED IN BOOK 194 PAGES 28 -36 IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, EXCEPTING THEREFROM THAT PORTION
OF CUSTER STREET LYING SOUTH OF THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE
OF THE NORTH 50 FEET OF THE WEST 180 FEET IN BLOCK 18 OF THE TOWN OF SANTA ANA EAST,
IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAP
RECORDED IN BOOK 10, PAGES 43 AND 44 OF MISCELLANEOUS RECORDS OF LOS ANGELES
COUNTY, CALIFORNIA AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTH 50 FEET OF THE WEST 180 FEET OF
BLOCK 18 AS PERMAP RECORDED IN BOOK 10, PAGES 43 AND 44 OF MISCELLANEOUS RECORDS
OF LOS ANGELES COUNTY, CALIFORNIA, THENCE NORTH 50 FEET ALONG THE EAST LINE OF THE
NORTH 50 FEET OF THE WEST 180 FEET OF BLOCK 18 TO THE NORTH LINE OF BLOCK 18, THENCE
EAST ALONG THE NORTH LINE OF BLOCK 18, 18.79 FEET, TO THE RIGHT -OF -WAY LINE OF
INTERSTATE HIGHWAY 5 AS SHOWN ON RECORD OF SURVEY 2002.1059 RECORDED IN BOOK 194
PAGES 28 -36 IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF ORANGE, STATE OF
CALIFORNIA, THENCE SOUTH 89 021'20" EAST, 3.20 FEET MORE OR LESS, ALONG THE RIGHT -OF-
WAY OF INTERSTATE HIGHWAY 5, THENCE SOUTH 57 °56'06" EAST, 21.25 FEET, ALONG THE RIGHT-
OF-WAY OF INTERSTATE HIGHWAY 5, THENCE SOUTH, 12.76 FEET, ALONG THE EAST RIGHT -OF-
WAY OF CUSTER STREET TO A POINT ON A NON - TANGENT CURVE, SAID CURVE BEING CONCAVE
SOUTHEASTERLY AND HAVING A RADIUS OF 45.00 FEET, A RADIAL LINE TO SAID POINT BEARS
SOUTH 09 °07'46" EAST, THENCE SOUTHWESTERLY ALONG SAID CURVE, 43.51 FEET THROUGH A
CENTRAL ANGLE OF 55 024'12 ", THENCE SOUTH 18 °36'38" WEST, 0.89 FEET MORE OR LESS, TO THE
INTERSECTION WITH THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF THE NORTH 50
FEET OF THE WEST 180 FEET OF BLOCK 18, THENCE WEST, 6.23 FEET MORE OR LESS, TO THE POINT
OF BEGINNING.
THE ABOVE DESCRIBED PARCEL HAS AN AREA OF 1,304 SQUARE FEET, MORE OR LESS.
PARCEL 2:
A PORTION OF CUSTER STREET, 40 FEET IN WIDTH, IN THE CITY OF SANTA ANA, COUNTY OF
ORANGE, STATE OF CALIFORNIA, LYING SOUTHWESTERLY OF THE RIGHT -OF -WAY OF
INTERSTATE :HIGHWAY 5 AND NORTHWESTERLY OF THE CUL -DE -SAC OF CUSTER STREET AS
SHOWN ON PAGE 5 OF RECORD OF SURVEY 2002 -1059 RECORDED IN BOOK 194 PAGES 28.36 IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, EXCEPTING THEREFROM THAT PORTION
OF CUSTER STREET LYING NORTH OF THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE
OF THE NORTH 50 FEET OF THE WEST 180 FEET IN BLOCK 18 OF THE TOWN OF SANTA ANA EAST,
IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAP
RECORDED IN BOOK 10, PAGES 43 AND 44 OF MISCELLANEOUS RECORDS OF LOS ANGELES
COUNTY, CALIFORNIA AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTH 50 FEET OF THE WEST 180 FEET OF
BLOCK 18 AS PER MAP RECORDED IN BOOK 10, PAGES 43 AND 44 OF MISCELLANEOUS RECORDS
OF LOS ANGELES COUNTY, CALIFORNIA, THENCE EAST, 6.23 FEET MORE OR LESS, TO THE
INTERSECTION OF THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF THE NORTH 50
FEET OF THE WEST 180 FEET OF BLOCK 18 AND THE CUL -DE -SAC OF CUSTER STREET, THENCE
SOUTH 18 °36'38" WEST, 19.52 FEET MORE OR LESS, TO THE INTERSECTION OF THE CUL -DE -SAC OF
CUSTER STREET AND THE WEST RIGHT -OF -WAY OF CUSTER STREET, THENCE NORTH, 18.50 FEET
MORE OR LESS, TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL HAS AN AREA OF 57 SQUARE FEET, MORE OR LESS
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SHEET 2 OF 2
ATTACHED HERETO AND MADE A PART THEREOF IS A MAP ENTITLED EXHIBIT "B ". THIS MAP IS
FOR INFORMATIONAL PURPOSES ONLY AND IS SUBORDINATE IN ALL RESPECTS TO THE ABOVE
DESCRIPTION.
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN
CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.
CHRISTIAN T. FOSTER
L.S. 9001
DATE
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a " No. 9001
1 Exp. 9 -?0 -1
SHEET 1 OF 1
LEGEND:
�\ AREA TO BE
VACATED
EXHIBIT "B"
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NORTHERLY LINE BLOCK 18
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SOUTHERLY LINE OF THE
NORTH 50 FEET OF THE EAR
WEST 180 FEET IN BLOCK 18 6.23'
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EAST 180.00' r
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225606, LIMITS OF STATE
\PARCEL 1\ F RIGHT -OF -WAY AS
1,304 S.F\� SHOWN ON SHEET 5
MORE OR LESS
\ \� OF R.S.B. 194/28 -36
LIMITS OF CUSTER `
S1836'38 "W STREET CUL -DE -SAC
0.89' AS SHOWN ON SHEET \
S18'36 38"W 5 OF R.S.B. 194/28 -36,
19.52
I- PARCEL 2
UJ 57 S.F. '
�i W MORE OR LESS LOT 19
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WASHINGTON 'AVENUE
THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS SUBORDINATE
IN ALL RESPECTS TO THE ATTACHED DESCRIPTION.
55DD -11
No. 9001
Exp. 9 -30 -15
55DD -12
ROH 10/21/144
RESOLUTION NO. 2014-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA TO SUMMARILY VACATE A PORTION OF
CUSTER STREET RIGHT -OF -WAY NORTH OF
WASHINGTON AVENUE (ABANDONMENT NO. 2014 -01 -S)
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 applicant is requesting that the City vacate a portion of Custer Street
north of Washington Avenue (Exhibit 1). Exhibit 1 is attached herewith
and incorporated herein by this reference. The area being vacated will be
combined with two adjoining parcels owned by the applicant for a
residential development.
B. The area being vacated became remnant public right -of -way as a result of
the widening of the Santa Ana Freeway (1 -5) by the State of California
(Caltrans). As part of the widening project, Caltrans improved the
terminus of Custer Street with the construction of a cul -de -sac, which
created approximately 1,361 square feet of excess street right -of -way.
The Area serves as parking space and driveway to the applicant's
property.
C. This abandonment is being processed as a summary vacation since the
excess right -of -way is not required for public street purposes. This
abandonment is being processed as a summary vacation since the excess
right -of -way is not required for public street purposes. The excess right -
of -way offers no present or prospective use to the City. Utilities, other
government agencies, and City departments have been advised of the
street vacation. Easements for gas lines and a fire hydrant are hereby
reserved over the area being vacated through this resolution. The City of
Santa Ana is identified as the fee owner of the land according to the title
company retained by the applicant.
D. The proposed street abandonment, once merged with the adjacent lots,
will benefit the project by eliminating the adjacent site's constraints,
specifically by providing street frontage to the existing landlocked lot.
Resolution No. 2014 -
Page 1 of 3
55DD -13
Additionally, the abandonment will eliminate the city's liability over
unimproved property.
E. The proposed street abandonment is consistent with the general plan.
The proposal will provide and maintain a comprehensive circulation
system that facilitates the efficient movement of people and goods through
the City (Circulation Element Goal 1) and fully coordinates transportation
and land use planning activities in the City (Circulation Element Goal 4),
as the area to be vacated is excess land and no longer part of the street
system. Further, the project is consistent with goals that preserve and
improve the character and integrity of neighborhoods (Land Use Element
Goal 3), and ensure that impacts of development are mitigated (Land Use
Element Goal 5), by improving an area that otherwise would remain
unimproved and create a blight condition for the neighborhood.
F. Pursuant to the provisions of section 892 of the California Streets and
Highway Code, the City Council does hereby find and determine that
neither said portion of the street nor any part thereof is useful as non -
motorized transportation facilities, as defined in section 887 of said Code.
G. In accordance with the California Environmental Quality Act, the proposed
project is exempt from further review per Section 15305. Categorical
Exemption No. 2014 -091 will be filed for this project.
Section 2. This Council does hereby order that the unimproved excess right -of-
way on Custer Street, north of Washington Avenue, as shown on Exhibit 1 attached
hereto and made a part hereof by this reference, be, and the same is, hereby vacated.
A. Pursuant to section 8340 of the Califomia 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 Custer
Street hereby vacated. 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.
Resolution No. 2014 -
Page 2 of 3
55DD -14
Section 3. Said portions of the street shall not be deemed vacated until this
resolution is recorded.
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.
ADOPTED this _ day of 2014.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:
Ryan O. Hodge
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2014- 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
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Resolution No. 2014 -
Page 3 of 3
55DD -16