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HomeMy WebLinkAbout2007-060 - Vacating a Portion of Sycamore Street Between Washington Avenue bk:8/14/07 RESOLUTION NO. 2007-060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING A PORTION OF SYCAMORE STREET BETWEEN WASHINGTON AVENUE AND 10TH STREET WITH CONDITIONS (ABANDONMENT NO. 06-06) 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 May 7, 2007, Resolution No. 2007-038 wherein it declared its intention to vacate with conditions, 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 Sycamore Street between Washington Avenue and 10th Street. B. On August 2, 2004, the City Council approved various entitlements for the proposed One Broadway Plaza (OBP) office tower project. As part of the project, Caribou Industries is requesting that Sycamore Street from Washington Avenue to approximately 137 feet north of 10th Street be vacated and incorporated into the project boundary. A 12-story parking structure will be constructed within the vacated area. C. The proposed abandonment area, Sycamore Street from Washington Avenue to about 137 feet north of 10th Street, is shown on Exhibit 1 attached hereto and incorporated herein by this reference. D. Resolution 2007-038 gave notice that at its regular meeting of June 4, 2007, at 5:30 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. At that regular meeting, the matter was continued by the Council to 6:00 p.m. at the regular Council meeting of July 2, 2007, and at that time the matter was again continued by the Council to 6:00 p.m. at the regular Council meeting of August 20, 2007. All such notices have been given to and regular meetings have been held at the Council Chambers at 22 Civic Center Plaza. E. This Council finds that said Resolution has been published in the manner prescribed by law for the publishing of ordinances of the City. Resolution No. 2007-060 Page 1 of 5 F. 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. G. 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 portions of the streets and received and considered all evidence submitted. H. This Council finds from all the evidence submitted that said portions of the streets are unnecessary for present or prospective public use, based upon the following findings of fact: 1. Said portions of said streets are not necessary to provide access to abutting property owners; and 2. Said portions of said streets are unnecessary for present or prospective public use. I. 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 portions of the streets nor any part thereof are useful as nonmotorized transportation facilities, as defined in section 887 of said Code. Section 2. This Council does hereby order that those portions of Sycamore Street from Washington Avenue to approximately 137 feet north of 10th Street, as generally shown on the maps labeled Exhibit 1, attached hereto and made a part hereof by this reference, and the same are hereby vacated if and only if the following conditions have been completed to the satisfaction of the City's Engineer: A. OBP shall acquire underlying fee title to all of the area to be vacated by this resolution. B. OBP shall irrevocably offer for dedication the land within the street vacation area to the City in a form approved by the City Attorney. The term of the offer shall expire upon completion of the project parking structure as determined by the City's Building Official. C. OBP shall provide to the City an improvement bond, in an amount determined by the City Engineer and in a form approved of by the City Attorney, to guarantee the construction of all necessary improvements to restore the vacated area in the event the applicant fails to complete construction of the Parking Structure. The bond will be released following completion of the project parking structure. D. The City owned sewer and water lines in Sycamore Street serving the properties east of the area to be vacated shall be relocated to within those private properties, which shall become private and OBP will accept the future maintenance obligation of the sewer and water lines. Resolution No. 2007-060 Page 2 of 5 E. OBP shall provide an ingress and egress easement to the parking structure at 1200 North Main Street in a form acceptable to the City Attorney. Section 3. Final Environmental Impact Report No. 99-01, the Mitigation Monitoring Program, and the Statement of Overriding Considerations which came before the City Council on March 15, 2004, and was approved and adopted by resolution at the July 19, 2004 hearing. This resolution incorporates by reference, as though fully set forth herein, the Final Environmental Impact Report, Mitigation Monitoring Program, and Statement of Overriding Considerations, and all of their respective facts, findings and conclusions in support of this resolution and the findings made herein. 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. Said recordation shall occur after the conditions (Section 2) have been satisfied by OBP to the City's Engineer's satisfaction. The City's Engineer shall inform the Clerk of the Council when and if all of said conditions have been satisfied. Section 5. Said portions of the streets shall not be deemed vacated until this resolution is recorded. ADOPTED this 20th day of AUQust, 2007. APPROVED AS TO FORM: Joseph W. Fletcher City Attorney cQ~ c, -kt1) Miguel A. Pulido ( Mayor \. By: AYES: Councilmembers Alvarez. Benavides. Bustamante. Martinez. Sarmiento. Tinaiero (6) NOES: Councilmembers None (0) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers Pulido (1) Resolution No. 2007-060 Page 3 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2007-060 be the original resolution adopted by the City Council of the City of Santa Ana on August 20. 2007. Date: o/2~7 Resolution No. 2007-060 Page 4 of 5 (' ", '2) -. ~/ Patricia E. Healy Clerk of the Council City of Santa Ana WASHINGTON AVENUE ONE BROADWAY PLAZA 1209 N BROADWAY ~ HALESWORTH 3: o STREET ~ 0:: CD I 1200 N MAIN 1110 N MAIN IE) DRI\IEWAY TENTH STREET LEGEND ~I PROPOSED ABANDONMENT AREA EXHIBIT 1 SAN! A ANA 'p tCityCOunCil , W A , Agenda Dote: May 7. 2007 P\&( tCA~ IC(I(T Title: ABANDONMENT NO. 06-06: TO VACATE A PORTION OF SYCAMORE STREET BETWEEN 10TH STREET AND WASHINGTON AVENUE I- W W 0:: I- en z <C :; I Resolution No. 2007-060 Page 5 of 5