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Home My WebLink About2023-085 - Summarily Vacating a Portion of a Public Right-of-Way Easement Adjacent to 1117 South Standard Ave.RESOLUTION NO. 2023-085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUMMARILY VACATING A PORTION OF A PUBLIC RIGHT-OF-WAY EASEMENT ADJACENT TO 1117 SOUTH STANDARD AVENUE (ABANDONMENT NO. 2023- 03) WHEREAS, Chapter 4 of the California Streets and Highways Code section 8330 et seq. provides for summary vacation of streets and public service easements; and WHEREAS, California Streets and Highways Code section 8333 authorizes the City Council to summarily vacate public service easements when the easement has been superseded by relocation, or determined to be excess, and there are no other public facilities located within the easements; and WHEREAS, following an earlier finding of conformity with the City's General Plan by the Planning Commission, as reported by the Planning Commission and required under California Government Code section 65042(a), the City desires to vacate its interest in the southerly 4,484- square foot section of the alley adjacent to 1117 South Standard Avenue, as shown on Exhibit A ("Vacation Area"); and WHEREAS, as part of the Planning Commission's approval, they made a stipulation requiring additional community outreach which took place on November 15, 2023 at Kennedy Elementary School; and WHEREAS, the property located at 1117 South Standard Avenue in Santa Ana was deeded to the City for the purpose of developing a park; and WHEREAS, on September 19, 2023, the City Council awarded a construction contract to Legion Contractors, Inc. in the amount of $3,366,625 for the construction and completion of the public park; and WHEREAS, the residential apartment complexes located to the north will not be landlocked and have sufficient access from Wakeham Avenue and McFadden Avenue; and WHEREAS, the Vacation Area constitutes an excess right-of-way not required for street purposes; and WHEREAS, the Public Works Agency has conducted an analysis of the subject abandonment and has determined that there are no issues with summarily vacating the Vacation Area presently or in the future, as the Vacation Area will not eliminate public access and will be redesigned/replaced approximately 20 feet to the east and will provide equivalent circulation and function. Resolution No. 2023-085 Page 1 of 4 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The recitals set forth above are adopted as findings in support of this Resolution. Section 2. The public service easement described in ExhibitA is hereby ordered vacated. Section 3. From and after the date of recordation of this resolution, the public service easement described in Exhibit A will no longer constitute a street easement. Section 4. Except for the reservation of the easement described herein, the Vacation Area, as shown on Exhibit A, is hereby vacated pursuant to Chapter 4 of Part 3 of Division 9 of the streets and Highways Code. Section 5. The vacation of the Vacation Area is exempt from review under the California Environmental Quality Act pursuant to section 15378pf the State CEQA Guidelines because it can be seen with certainty that there is no possibility that it will have a significant impact of the environment. Section 6. All entities having any right, title, or interest in the public service easement being vacated have been notified of this action. Section 7. The City hereby reserves and excepts from vacation, pursuant to section 8340 of California Streets and Highways Code, 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 a street or highway proposed to be vacated 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, pole, 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 incidental purposes, including access to protect these works from all hazards in, upon, and over the street or highway proposed to be vacated. Section 8. The Clerk of the Council is hereby directed to cause a certified copy hereof, attested under seal, to be recorded in the Office of the Recorder of Orange County. Section 9. The Vacation Area shall not be deemed vacated until this Resolution is recorded. Resolution No. 2023-085 Page 2 of 4 Section 10. 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 21" day of November, 2023. zx� al ri Ame ua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: lawza- 441Jose Montoya Assistant City Attorney AYES: Councilmembers Amezcua Bacerra Hernandez Lopez, Penaloza Phan Vazquez 7 NOES: Councilmembers None (0) ABSTAIN: Councilmembers None 0 NOT PRESENT: Councilmembers None 0 Resolution No. 2023-085 Page 3 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Resolution No. 2023-085 to be the original resolution adopted by the City Council of the City of Santa Ana on November 21 2023. Date: d� Agrk' City of Santa A Resolution No. 2023-085 Page 4of4 LEGAL DESCRIPTION FOR ALLEY VACATION BEING A PORTION OF THE 20.00 FOOT WIDE ALLEY OF TRACT NO. 3293, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 104, PAGES 30 AND 31 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 20 OF SAID TRACT, SAID POINT ALSO BEING THE NORTHEAST CORNER OF PARCEL 1 OF LOT MERGER NO. 2020-09, RECORDED AS INSTRUMENT NO. 20220QO102008, RECORDS OF SAID COUNTY, THENCE SOUTH 84° 48'40EAST 20.00 FEET TO THE WESTERLY LINE OF LOT "A` OF SAID TRACT; THENCE ALONG SAID WESTERLY LINE SOUTH 00011'20" WEST 209.04 FEET; THENCE SOUTH 45017'20" EAST 14.03 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF MCFADDEN AVENUE (FORMER MCFADDEN STREET) AS SHOWN ON SAID TRACT; TH(NC( ALONG SAID NORTHERLY RIGHT OF WAY LINE SOUTH 89' 14 35 WEST 40.00 FEET TO THE SOUTHEASTERLY CORNER OF LOT 17 OF SAID TRACT, SAID POINT ALSO BEING THE SOUTHEASTERLY CORNER OF SAID PARCEL; THENCE NORTH 44042'57" EAST 14.26 FEET; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 1, NORTH 000 11'20" EAST 209.37 FEET TO THE POINT OF BEGINNING. CONTAINING APPROXIMATELY 4,484 SQUARE FEET. SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. CHR PREPARED BY ME OR UNDER MY DIRECTION: No. 9215 ANDERSON CHRYSOSTOMO PLS 9216 DATE V 9T� of TO� PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR ALLEY VACATION N W J a U n S45017'20"E 14.03' cpl CD 0 L N'LY RIGHT OF WAY LINE �10.00' MCFADDENJAVENUE (MCFADDEN STREET) �� N89014'35"E 209.30'(CALC'D FROM RECORD) NOTE: BEARINGS AND DISTANCES ARE BASED ON TRACT NO. 3293 LEGEND: ) - PER TRACT NO. 3293 PROPOSED ALLEY VACATION AREA = 4,484 SF PAGE 1 OF 1