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Home My WebLink About2011-086 - Vacate a Portion of Street Right-Of-Way Adjacent to 719. North Concord StreetWhen recorded, please mail this instrument to:' Clerk of the Council City of Santa Ana 20 Civic Center Plaza M -30 Santa Ana, CA 92701 Free recording requested by THE CITY OF SANTA ANA PER GOVERNMENT CODE SECTION 6103 Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder jj III jj jj 11111 jjj jj jj j 11111 jjj I FEE *$ R 0 0 0 4 7 0 0 2 0 6$* 2012000193308 9:27 am 04/05112 227 415 R28 7 0.00 0.00 0.00 0.00 18.00 0.00 0.00 0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE CANCEL AGENCY(IES) APPROVED BY DESCRIPTION DESCRIPTION A.P. R/W MAP PROJECT TAXES PUBLIC WORKS DIRECTOR WRITTEN BY CHECKED -O.K. NUMBER NUMBER NUMBER 400- 181 -29 NE 223 Abandonment 10 -03' Concord Street Between Fruit Street and Santa Ana (1 -5) Freeway 8412 I (Address /Approximate Location) DEED NUMBER RESOLUTION NO. 2011-086 T_ J % f ROH 10/10/11 RESOLUTION NO. 2011 -086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO VACATE A PORTION OF STREET RIGHT - OF -WAY ADJACENT TO 719 NORTH CONCORD STREET (ABANDONMENT NO. 2010 -03) 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 proposed vacation is for an excess right -of -way that was formerly Concord Street in order to incorporate the property as part of a proposed housing development at 719 North Concord Street. The proposed project site is located on the southeast terminus of Concord Street, a cul -de -sac street, south of Fruit Street, and north of the Santa Ana (I -5) Freeway. The site is comprised of two landlocked remnant parcels totaling approximately 13,754 square feet. The northern parcel (Parcel 1) is approximately 7,250 square feet in size and the southern parcel (Parcel 2) is approximately 6,504 square feet in size. The remnant parcels are roughly rectangular in shape and are currently vacant. In addition, the area to be vacated and conveyed back to the property owners is approximately 3,714 square feet. This area is an unimproved portion of Concord Street, south of Fruit Street and is irregularly shaped (Exhibits 1, 2 and 3). Exhibits 1 , 2 and 3 are attached herewith and incorporated herein by this reference. B. The subject parcels and a portion of Concord Street were acquired by the State of California (Caltrans) to accommodate the widening of the Santa Ana Freeway (I -5). At this location, only portions of the lots and street were used for freeway widening purposes, leaving the remaining pieces of the parcels and street as excess property. As part of the freeway widening project, Caltrans improved the end of Concord Street by constructing a cul -de -sac. The excess parcels were acquired by the Agency for future development and are currently vacant. As owners of the excess parcels, the Agency also holds the underlying fee ownership to the excess street right of way, with an easement in favor of the City for street purposes. With the street abandonment, the easement will be extinguished. The development parcels, combined with the area of the street being vacated will result in a developable parcel. Resolution No. 2011 -086 Page 1 of 7 C. Habitat for Humanity is proposing to develop two single - family residences on two parcels. Each parcel will be combined with the adjacent area to be vacated, and will be reconfigured through a Lot Line Adjustment into two legal lots. D. The area of the proposed street vacation has a General Plan land use designation of Low Density Residential (LR) and a corresponding zoning designation of Single Family Residence (R1), which allows residential development. The proposed street abandonment, once merged with the adjacent lots, will benefit the project by eliminating the adjacent site's constraints, specifically by providing street frontage to the existing landlocked lots. Additionally, the abandonment will eliminate the city's liability over unimproved property. The public utilities, other government agencies, and City Departments have been advised of the street vacation. The city owns a sewer facility within the area that will be vacated and within a portion of the landlocked parcels. An easement to preserve the city's sewer facilities will be granted by a separate document and recorded. An easement for drainage purposes will be reserved in favor of the city through the resolution of vacation. E. The proposed street abandonment is consistent with the general plan. The proposal will provide and maintain a comprehensive circulation system that facilitates the efficient movement of people and goods through the City (Circulation Element Goal 1) and fully coordinates transportation and land use planning activities in the City (Circulation Element Goal 4), as the area to be vacated is excess land and no longer part of the street system. Further, the project is consistent with goals that preserve and improve the character and integrity of neighborhoods (Land Use Element Goal 3), and ensure that impacts of development are mitigated (Land Use Element Goal 5), by improving an area that otherwise would remain unimproved and create a blight condition for the neighborhood. Therefore, staff recommends that the Planning Commission recommends that the City Council approve Abandonment No. 201 0 -03. F. Pursuant to the provisions of section 892 of the Ca /ifornia Streets and Highway Code, the City Council does hereby find and determine that neither said portion of the street nor any part thereof is useful as non - motorized transportation facilities, as defined in section 887 of said Code. G. In accordance with the California Environmental Quality Act, the proposed project is categorically exempt from CEQA review per Section 15303, Class 3. The Class 3 exemption allows new construction of up to three single - family residences in urbanized areas. A Notice of Exemption for Environmental Review No. 2011 -140 will be filed for this project. Section 2. This Council does hereby order that the unimproved excess right -of- way on Concord Street, south of Fruit Street, adjacent to 719 North Concord Street, as Resolution No. 20'1'1 -086 Page 2 of 7 shown on Exhibit 1 , 2 and 3 attached hereto and made a part hereof by this reference, be, and the same is, hereby vacated. A. Pursuant to section 8340 of the Ca /ifornia 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 Concord Street hereby vacated. The City Council also reserves and excepts from the above vacation an easement for future street or highway purposes. 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 3. Said portions of the street shall not be deemed vacated until this resolution is recorded. 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. ADOPTED this 5th day of December, 20'1'1 iguel A. ulido Mayor APPROVED AS TO FORM: Joseph A. Straka Interim Attorney i By: R dge Assi ant ity Attorney Resolution No. 20'1'1 -086 Page 3 of 7 YES: Councilmembers: Alvarez, Benavides, Bustamante, Martinez, Tinaiero, Sarmiento (6) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: Pulido (1) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2011- 086 to be the original resolution adopted by the City Council of the City of Santa Ana on December 5, 2011 . Date: � s aori �� Grp" �� f7�� Clerk of the Council City of Santa Ana Resolution No. 20'1'1 -086 Page 4 of 7 SEVENTEENTH OH�6i1LA0AQLILFY.Lf 5T- 001.9MBa/1L 1>E,9DBliUaL Rt s J . . `� . a. .� JLJ s . s . s � �+ WVSfJMBJi@R63 rt _- _- _ _ _ InR n. ODMMHiDAL 90lfTF1MAIN M1 a i ,,.s ` cs "� cs CS ;e i � f i C OOI�,IMWIT`/OOMMHa/.l I C4 � Y CS FAMILYf�09VCE C1�1D Oa.M.001NMHaN /MU�JM OISIRGT �� .. 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Al OH�6i1LA0AQLILFY.Lf Oi 001.9MBa/1L 1>E,9DBliUaL Rt 9NQEFAMILVR ®D@/TAL -B FMGFq MOOIFIG4TION � WVSfJMBJi@R63 R2 lNtI FAMIIYF ®OBiOc C9r1 ODMMHiDAL 90lfTF1MAIN M1 lJO/T INDUSITiAL R3 MLLIIRE OB.L4NMUlTPiE C OOI�,IMWIT`/OOMMHa/.l M2 FIEAW Npl6RiAL FAMILYf�09VCE C1�1D Oa.M.001NMHaN /MU�JM OISIRGT MO MRJD1Fd(OPBiAT015 Rl S1BUfS WAfT1aMBJ15 C2 O91Bi0L0.]MMHiDAL O OFBl� AE R ®DBlIIAL SATE b O'NIRrL RlJ9M� P P�ONAL � �F1C OEi/liOFMBVT b-A Bf1R�1LS19NEffiAf31STMl1A(£ fm RNi�! ®CUr1MlNNOLiIIiOFw19Y! � � ®FIC R/W CA RNJN ®SiOPf�G@ITHi Ffa R/1Ml�R ®OBJTNLOLilEiO1T1@f� OS ARIHi/1L 07NME3i0gL ABN 201 O -3/VA 201 1 -1 O � HABITAT FOR HUMANITY HOMES 719 NORTH CONCORD STREET — �DDFa =T ,- = 700o FffT P L A N N I N G A N D B U I L D I N G oA G r'.E. rN.. Sn�lf nsxa VICINITY MAP Page 5 of 7 EXHIBIT 1 ABN 201 O -3/VA 201 1 -1 O HABITAT FOR HUMANITY HOMES I� 7'19 NORTH CONCORD STREET �,, P L A N N I N G A N D B U I L D I N G A G E N C V Resolution No. 2011 -086 LAND USE MAP Page 6 of 7 EXHIBIT 2 ... ... S I N G L E F A M I °C P A R K R E S I D E N C E � FRUIT S T R E E T W SINGLE FA ILY SINGL FAMILY � R E IDEN E RESIDENCE "' L F A I L Y o R E S I D 0 v z 0 BROW N v STREET �2J, SINGLE FAMILY � -9 m � SIN LE FA ILY '9 RE IDEN E � � '� �F� SI GLE FAMILY ESI ENC L A D E L L CIRCLE "'9i- C O N C O R D S T R E E T SINGLE FA ILY RE IDEN E ABN 201 O -3/VA 201 1 -1 O HABITAT FOR HUMANITY HOMES I� 7'19 NORTH CONCORD STREET �,, P L A N N I N G A N D B U I L D I N G A G E N C V Resolution No. 2011 -086 LAND USE MAP Page 6 of 7 EXHIBIT 2