HomeMy WebLinkAbout75A - VACATE PORTION BROADWAY PLACE WEST OF MAIN ST.
REQUEST FOR
COUNCIL ACTION
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CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
AUGUST 1, 2005
TITLE:
PUBLIC HEARING: ABANDONMENT NO.
03-05 VACATING A PORTION OF
BROADWAY PLACE AND BROADWAY WEST
OF MAIN STR T
APPROVED
o As Recommended
o As Amended
o Ordinance on 1st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
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MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
1. Adopt a resolution vacating a portion of Broadway Place and Broadway,
west of Main Street.
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 City's
fee interest in a portion of Broadway Place to the Santa Ana Unified
School District for $1.
DISCUSSION
The Santa Ana Unified School District has been working with the City to
complete the construction of the Manuel Esqueda Elementary School. To
facilitate the completion of this project and to improve student and
vehicular access, the school district has installed a student drop-off
zone with a 10 - foot wide school bus turnout lane on Broadway Place.
These improvements require the City's vacation of the southerly portion
of Broadway Place and Broadway adjacent to the school site (Exhibit 1).
The proposed street vacation will benefit the City and the School
District by improving bus and student circulation at the new school.
Additionally, vehicular and pedestrian access will still be maintained.
Utility companies, other government agencies and City departments were
advised of the partial street vacation. Existing overhead utilities and
street lighting in the vacated area were relocated outside of the new
School District property. The southerly end of Broadway was reconfigured
into a partial cul-de-sac on the east side of the street. Easements for
the City's storm drain facilities and the Orange County Sanitation
District sewer trunk facilities will be reserved in the resolution of
vacation.
75A-1
Abandonment No. 03-05
August 1, 2005
Page 2
The proposed resolution will abandon the City's street easement at this
location. In addition, execution of the agreement for the sale between
the City and the School District will allow conveyance of the City's
underlying fee interest in the portion of Broadway Place.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the proposed
project is exempt from further review. Categorical Exemption
Environmental Review No. 2003-260 will be filed with this report.
FISCAL IMPACT
The $1 land sale proceeds will be received into the General Fund for Sale
of Property Account (account no. 11-01-5721).
APPROVED AS TO FUNDS AND ACCOUNTS:
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James G. Ross
Executive Director
Public Works Agency
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Francisco Gutierrez ~.(
Executive Director rv
Finance & Mgmt. Services Agenc~
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ANAHURST PLACE
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PROPOSED
STREET VACATION
MANUEL ESQUEDA
ELEMENTARY SCHOOL
WARNER AVENUE
EXHIBIT 1
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JULY 5,2005
ABANDONMENT 03-5
PORTION OF BROADWAY PLACE AND
BROADWAY EAST OF MAIN STREET
75A-3
7/19/05 les
RESOLUTION NO. 2005--075
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA VACATING A PORTION OF BROADWAY PLACE
AND BROADWAY WEST OF MAIN STREET (ABANDONMENT
NO. 03-05)
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 Council of the City of Santa Ana adopted, on July 5,2005, Resolution
No. 2005-065 wherein it declared its intention to vacate, 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, a portion of Broadway Place and
Broadway west of Main Street in order to facilitate improved vehicular and student
circulation for the newly constructed Manuel Esqueda Elementary School.
B. Santa Ana Unified School district will purchase the underlying fee interest in
said portion of Broadway Place from the City in the amount of $1.00.
C. The width of the proposed abandonment area will vary, from 22 feet at the
new school bus and drop-off turn out to 32 feet at the full width sidewalk, as
shown on Exhibit A and B attached hereto and incorporated herein by this
reference.
D. Easements for the City's storm drain facilities and the Orange County
Sanitation District sewer facilities are hereby reserved.
E. Resolution 2005-065 gave notice that at its meeting of August 1,2005, at 6:00
p.m., or as soon thereafter as the matter could be heard, this Council would hear
any and all persons interested in or objecting to said proposed vacation.
F. This Council finds that said Resolution has been published in the manner
prescribed by law for the publishing of ordinances of the City.
G. This Council further finds that notices of said proposed vacation stating the
purposes of said Resolution and the time and place set for hearing were posted as
directed by the Council and required by law.
H. This Council at the time and place set for hearing, heard any and all persons
interested in or objecting to said proposed vacation of said portion of the street and
received and considered all evidence submitted.
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I. This Council finds from all the evidence submitted that said portion of the street
is unnecessary for present or prospective public use, based upon the following
findings of fact:
a. Said portion of said street is not necessary to provide access to abutting
property owners; and
b. Said portion of said street is unnecessary for present or prospective public
use.
J. Pursuant to the provisions of section 892 of the Streets and Highway Code of
the State of California, the City Council does hereby find and determine that
neither said street nor any part thereof is useful as non motorized transportation
facilities, as defined in section 887 of said Code.
Section 2 This Council does hereby order that that portion of Broadway Place
and Broadway west of Main Street as shown on the map labeled Exhibit A and B
attached hereto and made a part hereof by this reference, be, and the same is, hereby
vacated.
Section 3 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 Broadway Place and Broadway west of Main Street hereby vacated. The City
Council also reserves and excepts from the above vacation easements for the City's
storm drain facilities and the Orange County Sanitation District sewer trunk facilities.
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 4 In accordance with the California Environmental Quality Act, the
proposed project is exempt from further review. Categorical Exemption Environmental
Review No. 2003-260 will be filed for this report.
Section 5 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.
Section 6 Said portion of the street shall not be deemed vacated until this
resolution is recorded.
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75A-5
ADOPTED this
day of
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Lisa E. Storck
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
,2005.
Miguel A. Pulido
Mayor
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2005-075 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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75A-6
EXHIBIT" A"
LEGAL DESCRlPTION
BROADWAY AND BROADWAY PLACE
STREET VACATION
Those portions of the South Y2 of the South Y2 of the Southeast 1/4 of the Southeast 1/4 of
Section 24, Township 5 South, Range 10 West, San Bernardino Meridian, in the CITY of
SANTA ANA, COUNTY of ORANGE, STATE of CALIFORNIA, Together with a portion of
the land allotted to F. W. Koll as recorded in Book "B", Page 410 of Judgements of the District
Court ofthe 171h Judicial District in and for Los Angeles County, California, described as follows:
PARCEL 1: Broadway Place & Broadway
The VACATION of that portion of the existing right-of-way of Broadway and Broadway Place,
described as follows:
Beginning at the intersection of the centerlines of Main Street, 119 feet wide, and
Broadway Place, 92 feet wide; Thence North 66037'36" West along said centerline of Broadway
Place 60.83 feet; Thence at right angles South 23022'24" West 46.00 feet to the TRUE POINT
OF BEGINNING, being a point in the southwesterly right-of-way line of said Broadway Place,
per deed recorded December 6, 1940 in Book 1062, Page 451, of Official Records; Thence North
66037'36" West along said right-of-way line 414.35 feet to the beginning ofa tangent curve
concave northeasterly and having a radius of346.00 feet; Thence northwesterly along said curve
through a central angle of21029'16" an arc distance of 129.76 feet to a point of reverse curvature
with a curve concave southeasterly and having a radius of 10.00 feet; Thence westerly and
southwesterly along said curve through a central angle of 133029'16" an arc distance of23.30 feet
to a point of tangency with the easterly right-of-way line of Broadway, 85.00 feet wide, Thence
along said easterly line South 1022'24" West 24.54 feet to a point hereinafter referred to as
POINT "A", said point also being on a non-tangent curve concave northeasterly and having a
radius of92.00 feet, a radial line of said curve through said point bears South 45027'09" West;
Thence northwesterly along said curve through a central angle of39014'33" an arc distance of
63.01 feet; Thence North 24055'24" East 17.12 feet; Thence North 55009'06" East 17.35 feet;
Thence South 82000'51" East 23.12 feet to a point in a non-tangent curve concave southwesterly
and having a radius of 62.00 feet, a radial line of said curve through said point bears North 50049'
12" East; THENCE southeasterly along said curve through a central angle of 17024'16" an arc
distance of 18.83 feet to a point of reverse curvature with a curve concave northeasterly and
having a radius of78.00 feet; THENCE southeasterly along said reverse curve through a central
angle of27012'20" an arc distance of37.04 feet to a point of compound curvature with a curve
concave northeasterly and having a radius of324.00 feet, said compound curve being concentric
with and 22.00 feet northeasterly of said existing southerly right-of-way line; THENCE
southeasterly along said compound curve through a central angle of 17038'44" an arc distance of
99.78 feet; THENCE tangent to said curve South 66037'36" East 148.71 feet to the beginning of
a tangent curve concave northerly and having a radius of 108.00 feet; THENCE easterly along
said curve through a central angle of 18011'42" an arc distance of34.30 feet, to a point of reverse
curvature with a curve concave southerly and having a radius of92.00 feet; THENCE
southeasterly along said curve through a central angle of 18011'42" an arc distance of29.22 feet;
Thence tangent to said curve South 66037'36" East 192.86 feet; THENCE South 33039'18" East
75A-7
28.52 feet to a point in a non-tangent curve concave westerly and having a radius of92.00 feet, a
radial line of said curve through said point bears South 85022'56" East; THENCE southerly along
said curve through a central angle of 15035'04" an arc distance of25.02 feet to a point in a non-.
tangent curve concave southwesterly and having a radius of 25.00 feet, a radial line of said curve
through said point bears North 70034'47" East, said curve being in the existing southerly right-of-
way line of Broadway Place; THENCE northwesterly along said curve through a central angle of
47012'23" an arc distance of20.60 feet to the TRUE POINT OF BEGINNING.
The above described parcel contains 17,240.575 square feet = 0.3958 acres, more or less.
PARCEL 2: Broadway
The VACATION of that portion of the existing right-of-way of Broadway, described as follows:
Beginning at the hereinabove described POINT "A" in the easterly right-of-way of
Broadway; Thence South 1022'24" West along said right-of-way line 92.41 feet to THE TRUE
POINT OF BEGINNING; Thence continuing South 1022'24" West along said right-of-way line
7.44 feet to a point in the south right-of way line of Broadway; Thence North 88032'10" West
27.08 feet to the point of cusp with a tangent curve concave northwesterly and having a radius of
53.00 feet; Thence northeasterly along said curve through a central angle of30043'OO" an arc
distance of28.41 feet to THE TRUE POINT OF BEGINNING.
The above described parcel contains 65.134 square feet = 0.0015 acres, more or less.
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75A-8
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.IR AIL IPIHI & MANUEL ESQUEDA ELEMENTARY SCHOOL
rill AI!...Ib IE IN! SANTA ANA UNIFIED SCHOOL DISTRICT
IPAIRl"ii1Nl1E1R S 1601 E. CHESTNUT AVENUE
ARCHITECTS "'-IA.
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JOB NO. 8931
DATE 12-05-03
SHEET NO.
EXHIBIT uB11
75A-10