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Home My WebLink About55C - ABANDONMENT 07-02-S FLOWER STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 5, 2007 TITLE: ABANDONMENT NO. 07-02-S: TO VACATE A PORTION OF FLOWER STREET AND WARNER AVENUE INTERSECTION -? CITY MANAGER ~ ~~ CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on is` Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution vacating a portion of land at the northwest corner of Flower Street and Warner Avenue. DISCUSSION The applicant, Neighborhood Housing Services of Orange County, Inc., has received entitlements to construct a residential project on a vacant site at 2238 and 2242 South Flower Street. The project involves construction of two new single-family homes. As a condition of the project, the City required the developer to process a street vacation for a portion of street right of way which is in excess of the area needed for a City standard curb ramp. The right-of-way to be vacated is an irregular shaped parcel approximately 116 square feet in area (Exhibit 1). This abandonment is being processed as a summary vacation, since the street right-of-way lies adjacent to a single property ownership and has not been utilized for street purposes for more than five consecutive years. All affected utility companies have been contacted and no objections to the vacation have been received. There is an existing power pole support cable owned by Southern California Edison (SCE) within the proposed vacated area. A public utility easement has been granted and recorded for SCE. Therefore, a public utility easement is not needed in the proposed resolution. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from further review per section 15315. Categorical Exemption ER No. 2007-188 will be filed for this project. 55C-1 Abandonment No. 07-02-5 November 5, 2007 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. ~v,o James G. Ross Executive Director Public Works Agency 55C-2 U ~_ W w W J f ~ CURB WARNER AVENUE LEGEND: AREA TO BE ABANDONED _I EXHIBIT 1 ~ SCALE: 1" = 30' O JG pt 1 O ly ~~~~ SANTA ANA ~ ~J ~ a TITLE: 1 P^ ~ Council ~ ,!~ I ends Date: ABANDONMENT NO. 07-02-5: TO VACATE u November 5, 2007 A PORTION OF FLOWER STREET AND WARNER AVENUE INTERSECTION 55C-3 KO 10/29/07 RESOLUTION NO. 2007- A RESOLUTION APPROVING THE SUMMARY VACATION OF 116 SQUARE FOOT IRREGULAR SHAPED PORTION OF EXCESS RIGHT-OF-WAY ON THE NORTHWEST CORNER OF FLOWER STREET AND WARNER AVENUE (ABANDONMENT NO. 07-02-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 City of Santa Ana intends to vacate a 116 square foot irregular shaped portion of excess right-of-way on the northwest corner of Flower Street and Warner Avenue 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. B. The vacation of the northwest corner of Flower Street and Warner Avenue is a summary vacation because the street lies within property under one ownership pursuant to the provisions of section 8334 of the Streets and Highway Code of the State of California. All property adjacent to said street is owned in fee by Neighborhood Housing Services of Orange County, Inc. C. The strip of Flower Street and Warner Avenue to be vacated has not been utilized for street purposes for over five years. D. The portion of Flower Street and Warner Avenue to be vacated is not necessary for traffic and/or pedestrian circulation. E. There are no existing overhead or underground utilities within the proposed vacated area and it is unnecessary to reserve an easement for public service purposes or for future street or alley purposes. F. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption ER No. 2007-188 will be filed for this project. Resolution No. 2007-XXX Page 1 of 4 55C-4 Section 2. The City Council of the City of Santa Ana hereby approves the summary vacation of the 116 square feet irregular shaped portion of excess right-of-way on the northwest corner of Flower Street and Warner Avenue, as more particularly described in Exhibit 1 hereto, which is incorporated herein by reference. Section 3. Said street shall not be deemed vacated until this resolution is recorded. Section 4. 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 day of , 2007. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: Resolution No. 2007-XXX Page 2 of 4 55C-5 CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do Resolution No. 2007- to be the original the City of Santa Ana on Date: Resolution No. 2007-XXX Page 3 of 4 hereby attest to and certify the attached resolution adopted by the City Council of Clerk of Council City of Santa Ana 55C-6 U F" W LlJ f... W J LL CURB J WARNER AVENUE LEGEND: AREA TO BE ABANDONED SCALE: 1" = 30' EXHIBIT 1 SANTA ANA TITLE: j/ City Council ABANDONMENT NO. 07-02-S: TO VACATE I r ),I P~ Agenda Date: A PORTION OF FLOWER STREET AND November 5, 2007 WARNER AVENUE INTERSECTION R6lC MPo(5 ~GEN[r 55C-7 STREET EASEMENT AREA TO BE VACATED LEGAL DESCRIPTION THAT PORTION OF LOT 1 OF TRACT NO. 581, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 19, PAGE 37 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAIb COUNTY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF SAID LOT 1 AND THE NORTH LINE OF THE EASEMENT FOR STREET PURPOSES RECORDED IN A DEED ON APRIL 25, 1966 IN BOOK 7910, PAGES 734 AND 735 OF OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER; THENCE EASTERLY ALONG SAID NORTH LINE SOUTH 89° 22' 15" EAST 95.11 FEET TO A NON- TANGENTCURVE, CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 25.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 84° 08' 14" EAST, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG SAID CURVE, BEING THE NORTHWESTERLY LINE OF SAID STREET EASEMENT, THROUGH A CENTRAL ANGLE OF 77° 13' 30", AN ARC LENGTH OF 33.70 FEET TO A POINT ON THE WEST LINE OF SAID STREET EASEMENT, SAID WEST LINE BEING ANON-TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 410.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 79° 47' 44" WEST; THENCE SOUTHWESTERLY ALONG ANON-TANGENT LINE SOUTH 44°28' 40" WEST 31.20 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS: 116 SQ. FT. 0.003 ACRES ROBERT M. WADA L.S. 3090 STATE OF CALIFORNIA ~~ AND S~9 ~~5 ~~RZ M.:~L,9 L~ ~~ ~ ~~ ~ ~ Exp. 6-30.08 ~'.~ No. 3090 ~~ q~F OF CAL~F~~~ 55C-8 SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOR STREET EASEMENT VACATION I N 89'22' 15"W 123.00' ~ ~ ~~ - - - - - - - ~0~11O e~ 30 SCALE: 1'=30' ~ ~O I O c I z ~~ ° ~ ~ ~~ ^I .. ~ ~~ ~~ o~ ~ ~° I .. ~ I~~ ~ ~,~ ~ ~, I l ,o ~~ I I '~y~~~1 I N ~ 47~~ =W ~~~ ~. ~ry~~~ IR=410.00' e=03.12'21" _ _ S &'08'14"E -~`~ ~ L=22.94' S 89'22'15" ~ 95.11' -~' _ _a - H ~~3R1p T=11.47' _ - - _ - _ _.__ 17.17' ?3 P.O.C. T.RQR SIREfT EASE2'/O~T TO If/E GYI)' A~ S~WTA.4K4 PER 6~ 73~>0 PAGE' 7.~ 7.~T5; QiP., REC. (/25/66 ~' TYA1~N~R ~1 Il~'NU~ ~R ~~ O~ 70 ~~ ~~ O '* Exp. 6-30-OS ~' ~~,~ J'~ No. 3090 "9~ ~~P ROBERT 1.1. WADA ~ CAUF~ LS 3090 STATE OF CALIFORNIA 55C-10