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HomeMy WebLinkAbout75A - PH - VACATE PART OF CYPRESS AVEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 7, 2011 TITLE: PUBLIC HEARING - ABANDONMENT NO. 10 -02: TO VACATE A PORTION OF OF CYPRESS AVENUE SOUTH OF MCFADDEN AVENUE J• CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution vacating a portion of Cypress Avenue south of McFadden Avenue. DISCUSSION On October 3, 2011, the City Council adopted a resolution declaring the City's intent to vacate a portion of Cypress Avenue south of McFadden Avenue. In 2001, the City completed the McFadden Avenue Realignment Project between Main Street and Maple Street. Prior to the project, McFadden Avenue was offset by approximately 400 feet east and west of Main Street. The project involved the realignment of McFadden Avenue to connect the offset segments and the creation of new cul -de -sacs at Cypress Avenue. The right -of -way limits of Cypress Avenue were modified with the construction of a cul -de -sac, which resulted in excess public right -of -way. Prior to the realignment project, the right -of -way proposed to be vacated was improved with asphalt pavement, curbs and sidewalk, but is now unimproved (Exhibit 1). The City's Community Redevelopment Agency, in partnership with Habitat for Humanity, is proposing the development of two single - family residences on remnants of four lots acquired for the realignment project. The lots are vacant and, once combined with the area being abandoned, will be reconfigured to create two parcels (Exhibit 2). The proposed street abandonment, once merged with the adjacent lots, will benefit the City by reducing the adjacent site constraints, such as no direct street frontage on the current Cypress Avenue alignment. Further, the proposed abandonment and subsequent merger will increase the area of the developable land, thus creating feasibility for residential development on excess remnant parcels. Finally, the City's liability over unimproved property will be eliminated. The proposed resolution will abandon the City's street easement at this location. The utility companies, other government agencies, and City departments have been advised of the street vacation. Easements for gas lines and city sewer and irrigation facilities will be reserved in the resolution of vacation. 75A -1 Abandonment No. 10 -02: To Vacate a Portion of Cypress Avenue November 7, 2011 Page 2 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption ER No. 2011 -16 will be filed for this project. FISCAL IMPACT There is no fiscal impact associated with this action. Raul Godinez IU Executive Director Public Works Agency RG:TH Exhibits: 1. Location Map 2. Location Map 3. Resolution 75A -2 75A-4 75A -6 EXHIBIT 3 Lss10/18/11 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING A PORTION OF THE STREET AT 1114 SOUTH CYPRESS AVENUE (ABANDONMENT NO. 2010 -02) 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 October 3, 2011, adopted Resolution No. 2011 -064 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 the street at 1114 South Cypress Avenue. B. The area proposed for vacation is a triangular shaped unimproved portion of land, consisting of approximately 1809 square feet at the southeast corner of South Cypress Avenue and McFadden Avenue, identified as "Vacation" on the map labeled Exhibit 1, attached hereto and incorporated by this reference. C. Resolution 2011 -064 provided notice that at a public meeting on November 7, 2011, 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. D. Said Resolution 2011 -064 has been published in the manner prescribed by law for the publishing of ordinances of the City. E. 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 the proposed vacation of said portions of the streets and received and considered all evidence submitted. Resolution 2011 - Page l of 3 75A -7 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. 2011 -16 will be filed for this report. Section 2. This Council does hereby order that the portion of the street at 1114 South Cypress Avenue, 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. 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 1114 South Cypress Street, 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 1114 South Cypress Street hereby vacated. 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. Section 5. Said portions of the streets shall not be deemed vacated until this resolution is recorded. Resolution 2011 - Page 2 of 3 ADOPTED this day of November, 2011. APPROVED AS TO FORM: Joseph Straka Interim City Attorney Laura Sheedy Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers Miguel A. Pulido Mayor 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 75A -9 Resolution 2011 - Page 3 of 3 75A -10 EXHIBIT A Legal description for the vacation of a portion of Cypress Avenue That portion of Cypress Avenue in the City of Santa Ana, County of Orange, State of California as shown upon a map of Realty Subdivision of Lot 1, of the Mcfadden Wilson Tract per map thereof recorded in Book 3, Page 35 of Miscellaneous Maps in the Office of the Recorder of said Orange County. Said portion are also shown on Record of Survey 2006 -1156 recorded in Book 224, pages 27 through 31 of Records of Surveys in the Office of said County Recorder described as follows: COMMENCING at a point in the centerfine of Cypress Avenue, 80.00 feet in width as shown on said record of survey, distant thereon North 1 °17 "26" East 192.75 feet from the centerline of Old Mcfadden Avenue, 40.00 feet in width as shown on said record of survey; Thence, departing from said centerline, North 88 °42'34" West 40.00 feet to the west right of way line of said Cypress Avenue and the TRUE POINT OF BEGINNING; Thence along said right of way line North 1017'26" East 87.93 feet to a point in a curve in the southerly right of way line of Mcfadden Avenue, 80.00 feet in width as shown on said Record of Survey, the radius point of which bears South 24 017'00" West 660.00 feet from said point; Thence southeasterly along said curve 63.30 feet through a central angle of 5 °29'44 "; Thence departing from said right of way line South 1 °17'26" West 6.54 feet to the beginning of a non - tangent curve in the right of way line in said Cypress Avenue as shown on said Record of Survey, the radius point of which bears South 4 °28'32" West 54.00 feet from said beginning: Thence southwesterly along said curve 87.82 feet through a central angle of 93 011'05" to the TRUE POINT OF BEGINNING. The above described parcel contains 1809 square feet, more or less. The above described parcel is more particularly shown on Exhibit B, attached hereto and by reference made a part hereof. See sheet 2 of 3 and sheet 3 of 3 of Exhibit A for legal descriptions of easements deserved through this Resolution Sheet 1 of 3 75A -11 EXHIBIT A Legal descriptions of easements reserved through this Resolution Those portions of Cypress Avenue in the City of Santa Ana, County of Orange, State of California as shown upon a map of Realty Subdivision of Lot 1, of the Mcfadden Wilson Tract per map thereof recorded in Book 3, Page 35 of Miscellaneous Maps in the Office of the Recorder of said Orange County. Said portion are also shown on Record of Survey 2006- 1156 recorded in Book 224, pages 27 through 31 of Records of Surveys in the Office of said County Recorder described as follows: PARCEL 1, GAS COMPANY FACILITIES COMMENCING at a point in the centerline of Cypress Avenue, 80.00 feet in width as shown on said record of survey, distant thereon North 1 °17"26" East 192.75 feet from the centerline of Old Mcfadden Avenue, 40.00 feet in width as shown on said record of survey; Thence, departing from said centerline, North 88 042'34" West 40.00 feet to the west right of way line of said Cypress Avenue and the TRUE POINT OF BEGINNING and to a point to be known as POINT A; Thence northeasterly along a non - tangent curve in the right of way line in said Cypress Avenue as shown on said Record of Survey, the radius point of which bears South 88 °42'34" East 54.00 feet from said POINT A, a distance of 38.62 feet through a central angle of 40 °58'20 "; Thence departing from said curve North 88 °42'34" West 13.23 feet to the west right of way line of said Cypress Avenue; Thence South 1 °17'26" West along said west line 35.41 feet to the POINT OF BEGINNING. The above described parcel contains 148 square feet, more or less. PARCEL 2, CITY PUBLIC SEWER FACILITIES A strip of land, 20.00 feet in width, lying 10.00 feet on each side of the following described Line; Commencing at the above described POINT A; Thence northeasterly along the above described 54.00 foot radius curve in the right of way line of said Cypress Avenue 70.66 feet through a central angle of 74 058'270 to the TRUE POINT OF BEGINNING of said strip; Sheet 2 of 3 75A -12 Thence North 1017'26" East 17.21 feet to a point in curve in the southerly right of way line of Mcfadden Avenue, 80.00 feet in width as shown on said Record of Survey and the terminus of said line. The above described parcel contains 350 square feet, more or less. PARCEL 3, CITY IRRIGATION FACILITIES. A strip of land, 7.00 feet in width, the easterly line of said strip lying parallel with and distant easterly 7.00 feet from the east line of the above described Parcel 2. The above described parcel contains 59 square feet, more or less. The above described three parcels are more particularly shown on Exhibit B, attached hereto and by reference made a part hereof. Prepared in the Office of o No. PLS 5023 Leonard C. Stiles * ; EV. 12/31/11 PLS 5023 License Expires 12/31/2011 September 2, 2011 OF CA�rF Sheet 3 of 3 75A -13 75A -14 c' EXHIBIT B 0 20' 114% �' , SCALE 1 "x-40' FN v° P Thriam PC 75A -15 3 •..t'i.�i.1 3 i fiw �af:L�t S fi�•w :r •'� t ev M AV' €' ; 2. OD VACATION c12 ry;b RI LINE BEARING HORIZ DIST 1809 &F. C13 ? 2ry I L1 S88'42'34'E 13.23' L2 N1 °1 T26'E 25.94' 2 r M C_14. J 'a °1T26'E O- L4 3 ` L3 N1 17.21' c� �o• ' L4 N1 °1T26'E 10.35 p ; C10 L5 N1'1T26'E 6.54' ���i1:2 C2t�'•j ce C7 ' :w, total ---.j4 S , CURVE RADIUS ARC DELTA 1 T.P.O.B C1 54.00' 38.62' 40 °58'20" L1 I o• C2 54.00' 87.82' 93 °11'05" C1i 6 C3 54.00' 70.66' 74 °58'27" I •� '7sr� C4 660.00` 63.30' 5 "29'44" N W © C5 660.00' 28.54' 2'28'40" C6 54.0(Y 26.18' 27 °46'53" _ °D C7 54.00' 21.34' 22 °38'25" Z C8 54.00' 10.71' 11 °21'42" u) C9 54.00' 7.00' 7 °2557" POINT A C10 54.00' 10.16' 10'46'41" / C11 660.00' 32.95' 2 °51'38" C12 660.00' 11.16' 0 °58'07" ; 1 I I / �: C13 660.00' 11.25' 0 °583T = ' _ _40_.0_0' _ _ _ I 14.00 y �- - - _ C14 660.00' 7.94' 0 °41'21' _ - - N88 °42'34"W rad. ' 7 54 00• j _EGEND -..- Denotes boundary of vacation �•- 1O Easement reserved for Gas Co. facilities j � I LL W _� LL (p 2O Easement reserved for City public sewer facilities � CO N N O3 Easement reserved for City irrigation facilities OU i � Uj z U I 1i - -- = 1----- - - - - -- j OLD MCFADDEN AVENUE SHEET 1 OF 1 Thriam PC 75A -15 75A -16