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Home My WebLink About75B - PH - ABANDONMENT SA BLVD BETWEEN MINTER AND POINSETTIAREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 6, 2011 TITLE: PUBLIC HEARING - ABANDONMENT NO. 10 -01: TO VACATE PORTIONS OF SANTA ANA BOULEVARD BETWEEN MINTER AND POINSETTIA STREETS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution vacating portions of Santa Ana Boulevard between Minter and Poinsettia Streets. DISCUSSION On August 1, 2011, the Council adopted a resolution declaring the city's intent to vacate portions of Santa Ana Boulevard between Minter and Poinsettia Streets. The Related Companies of California (Related) is working with the Community Redevelopment Agency to develop courtyard housing as part of the Station District project. As part of the development, Related is requesting that portions of Santa Ana Boulevard at two locations be vacated. Those portions of right -of -way are unimproved strips of land situated behind the southerly sidewalk of Santa Ana Boulevard. Area 1 is between Minter Street and Lacy Street, and Area 2 is between Garfield Street and Poinsettia Street (Exhibit 1). Both locations are rectangular- shaped, with Area 1 measuring 12 feet in width by 210 feet in length and Area 2 measuring 12 feet in width by 50 feet in length. The right -of -way width for Santa Ana Boulevard between Poinsettia Street and Mortimer Street fluctuates between 80 feet and 92 feet. The variance is mostly due to 12- foot -wide dedications and reservations made along the south side of the street. The purpose of the accumulation of right -of- way was to provide for future widening of the street. However, the street has not experienced the anticipated additional traffic and is not expected to experience the traffic volumes to justify the widening. With the vacation, the street right -of -way width will measure 80 feet and will align with adjacent segments of the street. The street curbs will remain in place. Additionally, this segment of Santa Ana Boulevard is being studied as a potential route for the fixed guideway transit system. The right -of -way being vacated is not needed for the transit system. The areas to be vacated will be incorporated into the adjacent Station District project. The additional land area reduces the site's constraints and improves overall site function, such as setbacks, building locations, and site accessibility. 75B -1 Abandonment No. 10 -01 To Vacate Portions of Santa Ana Boulevard September 6, 2011 Page 2 Utilities, other government agencies, and City departments have been advised of the street vacation. Easements for power, telephone, and cable lines will be reserved over Area 1 in the resolution of vacation. According to a recent Preliminary Title Report, the City of Santa Ana is identified as the fee owner of the land at both locations. The land will be conveyed to the Community Redevelopment Agency as owner of the adjacent development sites. The sale price is based on a comparative market analysis prepared by a real estate consultant retained by the City. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption ER No. 2010 -119 will be filed for this project. FISCAL IMPACT There is no fiscal impact associated with this action. Raul 6odinez II Executive Director Public Works Agency RG/TH Exhibit 1: Location Map Exhibit 2: Resolution 75B -2 Lss8/22/11 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING TWO PORTIONS OF SANTA ANA BOULEVARD BETWEEN MINTER STREET AND POINSETTIA STREET (ABANDONMENT NO. 2010 -01) 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, on August 1, 2011, adopted Resolution No. 2011 -048 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, portions of Santa Ana Boulevard between Minter Street and Poinsettia Street. B. The areas proposed for vacation include a strip of land along Santa Ana Boulevard, between Minter and Lacy, measuring 12 feet in width by 210 feet in length, identified as Area 1 on the map labeled Exhibit 1 attached hereto and incorporated by this reference; and a strip of land measuring 12 feet in width by 50 feet in length located along Santa Ana Boulevard between Garfield and Poinsettia, indentified as Area 2 on Exhibit 1. C. Resolution 2011 -048 provided notice that at a public meeting on September 6, 2011, following the 5:00 p.m. closed session, 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. D. This Council finds that said Resolution has been published in the manner prescribed by law for the publishing of ordinances of the City. E. This Council further finds that notices of said proposed vacation stating the purpose of said vacation and the time and place set for hearing were posted as directed by the Council and required by law. F. 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. Exhibit 2 Resolution No. 2011 - Page 1 of 3 75B -4 G. This Council finds from all the evidence submitted that said portions of the street are unnecessary for present or prospective public use. H. Pursuant to the provisions of section 892 of the Streets and Highways Code of the State of California, the City Council does hereby find and determine that neither said portions of the street nor any part thereof are useful as nonmotorized transportation facilities, as defined in section 887 of said Code. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review per California Code of Regulations Title 14, section 15315. Categorical Exemption Environmental Review No. 2010 -119 will be filed for this report. Section 2. This Council does hereby order that the portion of Santa Ana Boulevard between Minter and Lacy, as shown on the map labeled Exhibit 1, and more fully described in Exhibit A, attached hereto and made a part hereof by this reference, be, and the same is hereby vacated. Section3. This Council does hereby order that the portion of Santa Ana Boulevard east of Garfield, as shown on the map labeled Exhibit 1 and more fully described in Exhibit B, attached hereto and made a part hereof by this reference, be, and the same is hereby vacated. Section 4. 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 in, upon, over and across the vacated portions of Santa Ana Boulevard, 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 lines, 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 Santa Ana Boulevard hereby vacated. 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. Resolution No. 2011 - Page 2 of 3 75B -5 Section 6. Said portions of the streets shall not be deemed vacated until this resolution is recorded. ADOPTED this day of September, 2011. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph Straka Interim City Attorney in Laura Sheedy Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2011 -_ 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 Resolution No. 2011 - Page 3 of 3 75B -7 EXHIBIT "A" THAT PORTION OF LAND KNOWN AS SANTA ANA BOULEVARD, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AS CREATED BY THAT CERTAIN GRANT DEED TO THE COMMUNITY REDEVELOPMENT AGENCY FOR THE CITY OF SANTA ANA, A MUNICIPAL CORPORATION, RECORDED JULY 29, 2009, AS INSTRUMENT NUMBER 2009 - 407882, OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 2 IN BLOCK F, AS SHOWN ON A MAP OF THE FRUIT ADDITION TO SANTA ANA EAST, RECORDED IN BOOK 5, PAGE 186 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, SAID POINT ALSO BEING ON THE SOUTH LINE OF SANTA ANA BOULEVARD; THENCE NORTHEAST ALONG SAID SOUTH LINE 100.00 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE A DISTANCE 210.00 FEET; THENCE SOUTHEAST A DISTANCE OF 12.00 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT 12.00 FEET SOUTHEAST, MEASURED AT RIGHT ANGLES TO THE THE SOUTH LINE OF SANTA ANA BOULEVARD; THENCE ALONG SAID PARALLEL LINE, SOUTHWEST A DISTANCE OF 210.00 FEET TO A POINT ON A LINE DISTANT 12.00 FEET SOUTHEAST, MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SANTA ANA BOULEVARD; THENCE NORTHWEST A DISTANCE OF12.00 FEET TO THE POINT OF BEGINNING. CONTAINING 2,520 SQ.FT SQUARE FEET (0.06 ACRES) OF LAND, MORE OR LESS. ALL AS PARTICULARLY SHOWN ON EXHIBIT "A -1" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. ENGINEER/SURVEYOR PREPARED UNDER THE SUPERVISION OF: A. 30790 Exp. 3/31/12 CHARLES J. PRIOLO JR. R.C.E. 30790 DATE `�,� Ci CAUF��`�`! LICENSE EXP. 03/31/2012 SHEET 1 OF 1 . 27156 BURBANK BY: TET FOOTHILL RANCH, STREET CA VA CA TiON DATE: 6-10-11 CONSULTING, INC. T. 949.9149-91 6.3800 CIVIL ENGINEERING F. 949.916.3805 SCALE: NONE LAND PLANNING & SURVEYING WWW.CVC- INC.NET LEGAL DESCRIPTION EXH I BIT "A -1 " SCALE: 1" = 80' �Fom 21000 d Lor / 0 J / P.O.B. ` \\ Lary � 100 0� 200 �! ✓�fT �" P.O.C. LOT 2 Ft7 ✓/3C,�aarr /o 7 7' 9 ALLEY ATED BY THE CITY \ 2� �� -0 NTA ANA CONCIL P Coll NO 87— \� p0 RECORDED SEPT 1, 1987 AS INST. N 7- 513900 40��c� �� LOT f' O.R. ® STREET VACATION AREA SHEET 1 OF 1 • 27156 BURRANK FOOTHILL RANCH, CA 92610 CONSULTING, INC. T. 949.916.3800 CIVIL ENGINEERING F. 949.916.3805 LAND PLANNING & SURVEYING WWW.CVC- INC.NET SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOR STREET /nn/� ��O Y nA/ VA CA BY: TET DATE: 8-25-11 SCALE: AS SHOWN 75B -9 EXHIBIT "B" THAT PORTION OF LAND KNOWN AS SANTA ANA BOULEVARD, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AS DESCRIBED IN THE DEED FROM JOSE M. LUNA AND FLORENCIA LUNA TO THE CITY OF SANTA ANA, A MUNICIPAL CORPORATION, RECORDED NOVEMBER 23, 1976 IN BOOK 11971, PAGE 729 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 1 IN BLOCK 65 OF THE TOWN OF SANTA ANA EAST, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGES 43 AND 44 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, SAID POINT BEING ON THE SOUTH LINE OF SANTA ANA BOULEVARD AS SHOWN ON SAID MAP; THENCE NORTHEAST ALONG SAID SOUTH LINE 50.00 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE A DISTANCE OF 50.00 FEET TO A POINT ON SAID SOUTH LINE; THENCE SOUTHEAST A DISTANCE OF 12.00 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT 12.00 FEET SOUTHEAST, MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SANTA ANA BOULEVARD; THENCE ALONG SAID PARALLEL LINE, SOUTHWEST A DISTANCE OF 50.00 FEET TO A POINT ON A LINE DISTANT 12.00 FEET SOUTHEAST, MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SANTA ANA BOULEVARD; THENCE NORTHWEST A DISTANCE OF 12.00 FEET TO THE POINT OF BEGINNING. CONTAINING 600 SQ.FT SQUARE FEET (0.01 ACRES) OF LAND, MORE OR LESS. ALL AS PARTICULARLY SHOWN ON EXHIBIT "B -1" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. ENGINEER/SURVEYOR PREPARED UNDER THE SUPERVISION OF: 3- PR No. 30790 Exp. 3/31/12 CHARLES J. PRIOLO JR. R... 30790 DATE IF aF A1. LICENSE EXP. 03/31/2012 C ki��`! SHEET 1 OF 1 • 27156 BURBANK BY: TET FOOTHILL RANCH, STREET CA VA CA TION DATE: 8-25-11 CONSULTING, INC. T. 949.9149.91 6.3800 CIVIL ENGINEERING F. 949.916.3805 SCALE: NONE LAND PLANNING s SURVEYING WWW.CVC- INC.NET LEGAL DESCRIPTION 75B -10 EXH I BIT "B-111 SCALE: 1" = 40' 0 O�V- c PA l -° / o G P.O.B. P.O.C. s ® STREET VACATION AREA SHEET IOF1 BY: TET DATE: 8-25-11 1 CONSULTING, INC. CIVIL ENGINEERING SCALE: AS SHOWN LAND PLANNING & SURVEYING LINE TABLE NO. DISTANCE L1 50.00' L2 50.00' L3 12.00' L4 50.00' L5 12.00' 27156 BURBANK FOOTHILL RANCH, CA 92610 T. 949.916.3800 F. 949.916.3805 WVWV.CVC- INC.NET 75B -11 1 SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOR STREET VA CA TION 75B -12