HomeMy WebLinkAbout2014-065 - Summarily Vacate A Portion of Custer StreetROH 10/21/14
RESOLUTION NO. 2014 -065
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.
Additionally, the abandonment will eliminate the city's liability over
unimproved property.
Resolution No. 2014 -065
Page 1 of 3
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 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 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.
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.
Resolution No. 2014 -065
Page 2 of 3
ADOPTED this 215' day of October, 2014
APPROVED AS TO FORM:
Sonia R. Carvalho
City
AYES: Councilmembers: Arnezcua Benavides, Martinez, Pulido,
Sarmiento, Tinaiero (6)
NOES: Councilmembers:
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers: Revna (1)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2014 -065 to be the original resolution adopted by the City Council of the
City of Santa Ana on October 21, 2014.
Date: /(, ° ~(��r�:
Clete the Council ('
City of Santa Ana
Resolution No. 2014 -065
Page 3 of 3
When recorded, please mail this
instrument to:
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza M -30
Santa Ana, CA 92701
Free recording requested by
THE CITY OF SANTA ANA PER
GOVERNMENT CODE SECTION 6103
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk- Recorder
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20150000890551:34 pm 02119115
93 417 R28 8
0.00 0.00 0.00 0.00 21.00 0.00 0.00 0.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CANCEL
AGENCY(IES)
APPROVED BY
DESCRIPTION
DESCRIPTION
A,P,
R/W MAP
PROJECT
TAXES
PUBLIC WORKS
DIRECTOR
WRITTEN BY
CHECKED -O.K.
NUMBER
NUMBER
NUMBER
398 - 181 -12
398- 181 -13
NE 144
Abandonment 14 -01 -S
Custer Street North of Washington Avenue
8501
(Address /Approximate Location)
DEED NUMBER
RESOLUTION NO. 2014 -065
(41)
if
f
t< 9
ROH 10/21/14
RESOLUTION NO. 2014 -065
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.
Additionally, the abandonment will eliminate the city's liability over
unimproved property.
Resolution No. 2014 -065
Page 1 of 3
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 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 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.
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.
Resolution No 2014 -065
Page 2 of 3
ADOPTED this 21st day of October, 2014
APPROVED AS TO FORM:
Sonia R. Carvalho
City
�i
THE FOREGOING DOCUMENT IS A FULL, TRUE —&
'6 THE ORIGINAL ON FILE IN THIS OFFICE.
0 THE ORIGINAL ON FILE IN
at
AYES: Councilmembers: Amezcua, Benavides, Martinez, Pulido,
Sarmiento Tinaiero (6)
NOES: Councilmembers: None (0)
ABSTAIN: Councilmembers: None (0)
NOT PRESENT: Councilmembers: Reyna (1)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council,
Resolution No. 2014 -065 to be the original
City of Santa Ana on October 21, 2014.
Date: {( —0 Y
do hereby attest to and certify the attached
resolution adopted by the City Council of the
Clerk of the Council
City of Santa Ana
Resolution No. 2014 -065
Page 3 of 3
SHEET 1 OF 2
a,e3hA" III T "yg"
LEGAL DESCRIPTION FOR THE VACATION OF A PORTION OF CUSTER S T REET
PARCEL I:
A PORTION OF CUSTER STREET 46 FEET IN WIDTH, N THE CITY OF SAN FA ANA, COUNTY OF
ORANGE, Sl ATE OF CALIFORNIA, LYING SOUTHWESTERLY OF THE RIGHT-OF-WAY LINE OF
INTERSTATE HIGHWAY 5 AND NORTHWESTERLY OF THE CUL -DE -SAC OF CUSTER ST REET AS
SHOWN ON SHEET 5 OF RECORD OF SURVEY 2002 -1059 RECORDED IN BOOK 194 PAGES 28 -36,
INCLUSIVE, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, EXCEPTING THEREFRO:NI THAT
PORTION OF CUSTER STREET LYING SOUTHERLY OF THE EASTERLY PROLONGATION OF THE
SOUTHERLY LINE OF TFIE NORTH 50 FEET OF THE WEST 180 FEET IN BLOCK 18 OF THE TOWN OF
SANTA ANA CAST, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AS
PER MAP RECORDED IN BOOK IQ PAGES 43 AND 41 OF ;MISCELLANEOUS RECORDS OF LOS
ANGELES COUNTY, CALIFOR,iNLA AND DESCRIBED AS FOLLOWS:
BEGINNUNG AT THE SOUTHEAST CORNER OF THE NORTH 50 FEET OF THE WEST 180 FEET OF
BLOCK 18 AS PER NEAP RECORDED IN BOOK 10, PAGES 43 AND 44 OF MISCELLANEOUS RECORDS
OF LOS ANGELES COUNTY, CALIFORNIA, THENCE NORTH 00' 18'00" EAST, 50.00 FEET, ALONG THE
EASTERLY LINE OF THE NORTH 50 FEET OF THE WEST 180 FEE "F OF BLOCK [8 TO THE NORTHERLY
LINE, OF BLOCK 18, THENCE SOUTH 89'03'20" EAST ,ALONG THE NORTHERLY LINE OF BLOCK 18,
18 -79 FEET, TO THE SOUTHWESTERLY RIGHT -OF -WAY LINE OF INTERSTATE HIGHWAY 5 AS
SHOWN ON SHEET 5 OF RECORD OF SURVEY 2002 -1059, THENCE SOUTH 89 "03'20" EAST PER
RECORD OF SURVEY 2002-1059,320 FEET, ALONG THE SOUTHERLY RIGHT -OF -WAY LINE OF
INTERSTATE HIGHWAY 5, THENCE SOUTH 57 °38'06" EAST PER RECORD OF StJRV'EY 2002- 1059, 2L25
FEET, ALONG THE SOUTHWESTERLY RIGHT -OF -WAY LINE OF INTERSTATE HIGHWAY 5 TO THE.
EASTERLY RIGHT- OF -WAY LINE OF CUSTER STREET, THENCE SOUTH 00'13'00" WEST ALONG TFIE
EASTERLY RIGHT -OF -WAY LINE OF CUS "FER STREET, 12.76 FEET, TO A POINT ON A NON- TANGENT
CURVE, SAID CURVE BEING CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 45.00 FEET
PER RECORD OF SURVEY 2002 -1059, A RADLAL LINE TO SAID POINT BEARS NORTH 08'50'04" WEST
PER RECORD OF SURVEY 2002 -1059, THENCE SOUTHWESTERLY ALONG SAID CURVE, 43.51 FEET
THROUGH A CENTRAL ANGLE OF 552411" PER RECORD OF SURVEY 2002 -1059, TO A POINT ON A
NON-TANGENT LINE, A RADIAL LINE TO SAID PONT BEARS NORTH 64=14' I6" WES`I THENCE
SOUTH 13 °54`38" WEST PER. RECORD OF SURVEY 2002-4039,0.7d FEET, TO ITS RVTERSECTION WITH
THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF THE NORTH 50 FEET OF THE WEST
180 FEET OF BLOCK 18, THENCE NORTH 89'0320" WEST, 627 FEET, TO THE WESTERLY RIGHT -OF-
WAY LINE OF CUSTER STREET AND THE POINT OF BEGINNING.
TI HE ABOVE DESCRIBED PARCEL FLAS 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 ASIA, COUNTY OF
ORANGE, STATE OF CALIFORNIA, LYING SOUTHWESTERLY OF THE RIGHT -OF -WAY LINE OF
INTERS TA FE IFIGHWAY 5 AND NORTHWESTERLY OF THE CUL -DE -SAC OF CUSTER STREET AS
SHOWN ON SHEET 5 OF RECORD OF SURVEY 2002 -1059 RECORDED IN BOOK 194 PAGES 28 -36,
FNCLUSIVE, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, EXCEPTING THEREFROM THAT
PORTION OF CUSTER STREET LYING NORTHERLY OF THE EASTERLY PROLONGATION' OF THE
SOUTHERLY LINE; OF THE NORTH 50 FEET OF THE WEST 180 FEET IN BLOCK 18 OF THE TOWN OP
SANTA ANA EAST, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AS
PER MAP RECORDED IN BOOK I0, PAGES 43 AND 44 OF 4iISCELLANEOUS RECORDS OF LOS
ANGELES COUNTY, CALIFORNIA AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTH 50 FEET OF THE WEST 180 FEEL' OF
BLOCK 18 AS PER MAP RECORDED FN BOOK 10, PAGES I3 AND 44 OF .MISCELLANEOUS RECORDS
OF LOS ANGELES COUNTY, CALIFORNIA, T HENCE SOL FIT 89`03'20" EAST 6.1-7 FEET, TO THE
NTERSECTION' OF THE EASTERLY PROLONGATION OF [LIE SOUTHERLY LINE OF THE NORTH 50
FEET OF THE WEST 180 FEET OF BLOCK 13 AND THE CUL -DE -SAC OF CUSTER STREET AS SHOWN
ON SHEET 5 OF RECORD OF SURVEY '_002 -1059, THENCE SOUTH 13'54'38" WEST PER RECORD OF
SHLEI2OF_
SURVEY 2002 -105), 19.57 FEET, TO THE INTERSECTION OF THE CUL -DE -SAC OF CUSTER STREET
AND THE WESTERLY RIGHT'- OF -,VAY LINE OF CUFSTERS FREE 1, I HENCE NORTH 00' IT00" EAST
ALONG, THE WESTERLY RIGHT -OF -WAY LINE OF CUSTER STREET, [8.71 FEET, TO THE POINT OF
BEGINNING
THE ABOVE DESCRIBED PARCEL HAS AN AREA OF S9 SQUARE FEET, SCORE OR LESS,
ATTACHED HERETO AND MADE A PART THEREOF IS A MAP ENT[TLED EXHIBIT "B ". THIS MAP IS
FOR IN'FORMAFIONAL PURPOSES ONLY AND IS SUBORDINATE IN ALL RESPECTS TO THE ABOVE
DESCRIPTION'.
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY NIE, OR UNDER MY DIRECTION, DI
COtiP0R4L4NCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.
No. 900,
*\ ,'XP. 9--m L5 /*,
CHRISTIAN T.
FOSTER
DATE
L.S. 9001
No. 900,
*\ ,'XP. 9--m L5 /*,
SHEET 1 OF 1
LEGEND:
AREA TO BE
VACATED
EXHIBIT;qBll
iD
N89'03'20"W
N39'03' 0"W 3 20'
-
-- - - ---- ------------ I . I
18.79 Jq,
NORTHERLY LINE BLOCK 18 4, '1k- LIMITS OF STATE
Li PARCEL 06'- RIGhT-OF-WAY AS
1,304 S. FF SHOWN ON SHEET 5
MORE OR L OF R.S.B. 194/28-36
boo
- <
SOUTHERLY LINE OF THE Ln
NORTH 50 FEET OF THE z
WEST 180 FEET IN BLOCK 18 N39*0'2A,
6.27'
\ LIMITS OF CUSTER
- - - - - -- - - - - - - - - - - - - --
N 18*54'38"1: STREET CUI--DE-SAC
AS SHOWN ON SHEET
NOO* I 8'00"E N 1 854'38"E 5 OF R.S.B. 194/28-36L
18.7 V 19,67'
0 C)
0
1-009 i - o PARCEL 2
0 59 S.F.
n MORE OR LESS
uiZ
N89'03 20"W 130.00
- - - - - - - - - -
Ln
LLJ
U) -00
- - - - - - - -- - - - - - - - - -- -
-- - - - -- - - - - - - - - - - - - - -
20 20' t1
L A
fn
WASHINGTON �AVENUE
10- No, 9001 ;
Exp. 9- 0-15
THIS MAP S FOR !NFOMIONAL PURPOSES TIONLND IS SUBORDINATE
IN ALL RESPECTS TO THRE XiTA
ACHED DESCRIPON. Y A