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Home My WebLink About30A - APPROVE ACCES FOR N KING STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2020 TITLE: APPROVE QUITCLAIM OF ACCESS EASEMENT AT 1102 NORTH KING STREET, APN 405-214-04 (GENERAL FUND) /s/ Kristine CITY MANAGER 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 FILE NUMBER RECOMMENDED ACTION Authorize the City Manager to execute a quitclaim deed relinquishing the City's interest in an access easement at 1102 North King Street to Ana Mesa Investment Group, LLC, a California Limited Liability Company. DISCUSSION On September 18, 2018, the City Council approved Tentative Tract Map 2018-03 and Variance No. 2018-08 at 1102 North King Street to allow subdivision of a single parcel into five single-family residential lots. According to a title report submitted by the project developer, the City owns a 10- foot wide access easement within the property. To accommodate the project, the property owner, Ana Mesa Investment Group, LLC, wishes to remove the easement in order for the property title to be clear and a new development to move forward. The applicant is requesting the City quitclaim the easement, which effectively relinquishes the City's rights over the private property to allow for the housing development to proceed (Exhibit 1). The 10-foot wide easement, about 300 feet in length, was created in 1957 prior to the existence of Fairview Street to allow a landlocked parcel access to King Street through the property at 1102 North King Street (Exhibit 2). With the creation of Fairview Street (Exhibit 3) in the early 1960s, the easement was no longer necessary for its original purpose and quitclaimed to the City. The easement received by the City did not include public use rights. Consistent with previous practice, the City can relinquish its rights to this easement through a quitclaim deed. In reviewing historical aerial photographs and recorded street improvement drawings, it is apparent that the original pathway providing access to the formerly landlocked parcels was not used after Fairview Street was completed in the 1960s. The Fairview Street project installed a fence,later replaced by a block wall, along the eastern right-of-way, precluding use of the former path. Aerial photographs beginning in 1970 show the path increasingly being overtaken by vegetation indicating a lack of use. Therefore, the City has no present, nor prospective use for the subject easement. The City received an opinion of value of $2,900 for the easement to be quitclaimed. 30A-1 Quitclaim of Access Easement September 15, 2020 Page 2 The new five -unit single-family residential subdivision site is on a 1.0-acre lot. The development will take access from King Street through a new private street as shown on previously approved Tentative Tract Map 2018-03. FISCAL IMPACT Proceeds in the amount of $2,900 from the quitclaim of the easement at 1102 North King Street will be deposited into the General Fund, Public Works, Sale of Land revenue account (No. 01117002-57071). Fiscal Impact Verified By: Kathryn Downs, CPA, Executive Director— Finance and Management Services Agency Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Exhibit(s): 1. Quitclaim of Easement 2. Depiction of Easement 3. Depiction of Fairview Street 30A-2 When recorded, please mail this Instrument to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M-30 Santa Ana, California 92701 Free recording requested by The City of Santa Ana per Government Code Section 6103. 27383. SPACE ABOVE THIS LINE FOR RECORDER'S USE Cancel Approved AS TO Approved By Description Description A.P. Number RNV Map Number Project Taves Form BY Atty, Director Written BY Checked-O. K. 1 Number HTN AC 405-214-04 NW 247 QUITCLAIM DEED (EASEMENT) FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF SANTA ANA, a Charter City and Municipal Corporation of the State of California Does Hereby Remise, Release, and Forever Quitclaim to: Ana Mesa Investment Group, LLC, a California Limited Liability Company ALL RIGHTS, TITLE AND INTEREST in and to the real property in the City of Santa Ana, County of Orange, State of California, described in Exhibit "A" attached hereto and by this reference made a part hereof, and as shown on Exhibit "B", attached hereto for reference. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Dated: } STATE OF CALIFORNIA }SS. COUNTY OF } On personally appeared before me, For: The City of Santa Ana who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the persons) or entity upon which the persons) acted, executed the instrument. By: Kristine Ridge City Manager, City of Santa Ana By: Daisy Gomez Clerk of the Council I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (This area for official notarial seal) Deed No. 8772 TV m c Y EIjkT31 EXHIBIT "A" LEGAL DESCRIPTION QUITCLAIM OF EASEMENT FOR TRANSPORTATION BY VEHICLES AND ON FOOT, INCLUDING TRANSPORTATION OF LARGE AND HEAVY TRACTOR EQUIPMENTOVERTHAT PORTION OF LOT OF LANDS OF S. H. FINLEY, PER QUIT CLAIM DEED RECORDED IN BOOK 6458, PAGE 37, OFFICIAL RECORDS IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA A STRIP OF LAND WHICH IS DESCRIBED AS FOLLOWING: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT OF LANDS OF S. H. FINLEY, IN THE CITY OF SANTA ANA, AS SHOWN ON A LICENSED SURVEYOR'S MAP RECORDED IN BOOK 2, PAGE 9, RECORDS OF SURVEY, IN THE OFFICE OF THE COUNTY RECORDER OF COUNTY OF ORANGE, SAID POINT BEING ON THE WESTERLY LINE OF KING STREET, 50.00 FEET WIDE; RUNING THENCE SOUTH 27030, WEST 26.00 FEET LONG ALONG THE EASTERLY LINE OF SAID LOT 9, BEING ALONG THE WESTERLY LINE OF SAID KING STREET; THENCE, NORTH 52025'17" WEST 9.10 FEET; THENCE, NORTH 63032'39" WEST 6.33 FEET; THENCE, NORTH 79032'35" WEST 12.73 FEET; THENCE, SOUTH 89005'00" WEST 12.50 FEET; THENCE, NORTH 87041'22" WEST 25.03 FEET; THENCE, SOUTH 88025'16" WEST 25.00 FEET; THENCE, SOUTH 88052'45" WEST 25.00 FEET; THENCE, SOUTH 89006'30" WEST 25.00 FEET; THENCE, SOUTH 89034'00" WEST 25.00 FEET; THENCE, NORTH 89044'44" WEST 25.00 FEET; THENCE, SOUTH 89034'00" WEST 25.00 FEET; THENCE, NORTH 88049'45" WEST 25.01 FEET; THENCE, NORTH 88036'01" WEST 25.01 FEET; THENCE, NORTH 88057'35" WEST 27.21 FEET; THENCE, SOUTH 80003'56" WEST 5.61 FEET, MORE OR LESS, TO A POINT ON THE WESTERLY LINE OF SAID LOT 9, SAID POINT BEING LOCATED 11.80 FEET SOUTH 27030'WEST FROM THE NORTHWEST CORNER OF SAID LOT 9; THENCE, NORTH 27030' EAST 11.80 FEEET ALONG THE WESTERLY LINE OF SAID LOT 9 TO THE NORTHWEST CORNER THEREOF; THENCE, NORTH 89034' EAST 302.20 FEEET ALONG THE NORTH LINE OF SAID LOT 9 TO THE POINT OF BEGINNING. CONTAINING 3,637 SQUARE FEET MORE OR LESS. ATTACHED HERETO AND MADE A PART HEREOF IS A MAP ENTITLED EXHIBIT "B". THIS LEGAL DESCRIPTION IS PREPARED BY ME OR UNDER MY SUPERVISION 08/18/2020 HUYTHAI NGO Date P.L.S. No. 8765 EX P: 12/31/2020 30A-4 SHEET 1 OF 1 Q z OR * b / NCO w 0 ozwzz0=o N h � zUm 4 Q O Z0 O O Q Z CV -> z a a o��W q mom wdsa d d m N 0 W W f X .9 Z W J I(� W <� N �•oo sg� O z0z�w m 0, Z� v 2 ��OQ41 Z O Q O Z <ZN O m Wm= Q O r� O Z w J Q � U 0o O H O I� w Q H ( N N N m m 0 S I� ►t !! FORMERLY f i LAND-LOCKEDL I , , J PARCEL C F w.14) • '•, •• ' 10' ACCESS EASEMENT Q 4j I ail 1 e. FRONTAGE la 1� a SANTA ANA 97 IL LSEP EMBAGENDER 15,2( PUBLIC WORKS AGENCY PROPERTY 1102 N. KING ST T��-- 1' ! mnvl1 a i' ilffi ' ! AERIAL PHOTOGRAPHY 1960 (ORANGE COUNTY ARCHIVES) EXHIBIT 2 1102 N. KING STREET SANTA ANA