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HomeMy WebLinkAbout2014-065 - Summarily Vacate A Portion of Custer StreetROH 10/21/14 RESOLUTION NO. 2014 -065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO SUMMARILY VACATE A PORTION OF CUSTER STREET RIGHT -OF -WAY NORTH OF WASHINGTON AVENUE (ABANDONMENT NO. 2014 -01 -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 applicant is requesting that the City vacate a portion of Custer Street north of Washington Avenue (Exhibit 1). Exhibit 1 is attached herewith and incorporated herein by this reference. The area being vacated will be combined with two adjoining parcels owned by the applicant for a residential development. B. The area being vacated became remnant public right -of -way as a result of the widening of the Santa Ana Freeway (1 -5) by the State of California ( Caltrans). As part of the widening project, Caltrans improved the terminus of Custer Street with the construction of a cul -de -sac, which created approximately 1,361 square feet of excess street right -of -way. The Area serves as parking space and driveway to the applicant's property. C. This abandonment is being processed as a summary vacation since the excess right -of -way is not required for public street purposes. This abandonment is being processed as a summary vacation since the excess right -of -way is not required for public street purposes. The excess right - of -way offers no present or prospective use to the City. Utilities, other government agencies, and City departments have been advised of the street vacation. Easements for gas lines and a fire hydrant are hereby reserved over the area being vacated through this resolution. The City of Santa Ana is identified as the fee owner of the land according to the title company retained by the applicant. D. 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 lot. Additionally, the abandonment will eliminate the city's liability over unimproved property. Resolution No. 2014 -065 Page 1 of 3 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. F. Pursuant to the provisions of section 892 of the California 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 exempt from further review per Section 15305. Categorical Exemption No. 2014 -091 will be filed for this project. Section 2. This Council does hereby order that the unimproved excess right -of- way on Custer Street, north of Washington Avenue, as shown on Exhibit 1 attached hereto and made a part hereof by this reference, be, and the same is, hereby vacated. A. 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, 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 Custer Street hereby vacated. 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. Resolution No. 2014 -065 Page 2 of 3 ADOPTED this 215' day of October, 2014 APPROVED AS TO FORM: Sonia R. Carvalho City AYES: Councilmembers: Arnezcua Benavides, Martinez, Pulido, Sarmiento, Tinaiero (6) NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: Revna (1) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2014 -065 to be the original resolution adopted by the City Council of the City of Santa Ana on October 21, 2014. Date: /(, ° ~(��r�: Clete the Council (' City of Santa Ana Resolution No. 2014 -065 Page 3 of 3 When 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 Hugh Nguyen, Clerk- Recorder �IjjII II[jIIIjjI 1[I jjII JIII �� 11I11I 1] I JI 1I 1 III NO FEE *$ 8 0 0 0 7 3 0 3 6 1 2$* 20150000890551:34 pm 02119115 93 417 R28 8 0.00 0.00 0.00 0.00 21.00 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 398 - 181 -12 398- 181 -13 NE 144 Abandonment 14 -01 -S Custer Street North of Washington Avenue 8501 (Address /Approximate Location) DEED NUMBER RESOLUTION NO. 2014 -065 (41) if f t< 9 ROH 10/21/14 RESOLUTION NO. 2014 -065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO SUMMARILY VACATE A PORTION OF CUSTER STREET RIGHT -OF -WAY NORTH OF WASHINGTON AVENUE (ABANDONMENT NO. 2014 -01 -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 applicant is requesting that the City vacate a portion of Custer Street north of Washington Avenue (Exhibit 1). Exhibit 1 is attached herewith and incorporated herein by this reference. The area being vacated will be combined with two adjoining parcels owned by the applicant for a residential development. B. The area being vacated became remnant public right -of -way as a result of the widening of the Santa Ana Freeway (1 -5) by the State of California (Caltrans). As part of the widening project, Caltrans improved the terminus of Custer Street with the construction of a cul -de -sac, which created approximately 1,361 square feet of excess street right -of -way. The Area serves as parking space and driveway to the applicant's property. C. This abandonment is being processed as a summary vacation since the excess right -of -way is not required for public street purposes. This abandonment is being processed as a summary vacation since the excess right -of -way is not required for public street purposes. The excess right - of -way offers no present or prospective use to the City. Utilities, other government agencies, and City departments have been advised of the street vacation. Easements for gas lines and a fire hydrant are hereby reserved over the area being vacated through this resolution. The City of Santa Ana is identified as the fee owner of the land according to the title company retained by the applicant. D. 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 lot. Additionally, the abandonment will eliminate the city's liability over unimproved property. Resolution No. 2014 -065 Page 1 of 3 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. F. Pursuant to the provisions of section 892 of the California 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 exempt from further review per Section 15305. Categorical Exemption No. 2014 -091 will be filed for this project. Section 2. This Council does hereby order that the unimproved excess right -of- way on Custer Street, north of Washington Avenue, as shown on Exhibit 1 attached hereto and made a part hereof by this reference, be, and the same is, hereby vacated. A. 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, 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 Custer Street hereby vacated. 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. Resolution No 2014 -065 Page 2 of 3 ADOPTED this 21st day of October, 2014 APPROVED AS TO FORM: Sonia R. Carvalho City �i THE FOREGOING DOCUMENT IS A FULL, TRUE —& '6 THE ORIGINAL ON FILE IN THIS OFFICE. 0 THE ORIGINAL ON FILE IN at AYES: Councilmembers: Amezcua, Benavides, Martinez, Pulido, Sarmiento Tinaiero (6) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: Reyna (1) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, Resolution No. 2014 -065 to be the original City of Santa Ana on October 21, 2014. Date: {( —0 Y do hereby attest to and certify the attached resolution adopted by the City Council of the Clerk of the Council City of Santa Ana Resolution No. 2014 -065 Page 3 of 3 SHEET 1 OF 2 a,e3hA" III T "yg" LEGAL DESCRIPTION FOR THE VACATION OF A PORTION OF CUSTER S T REET PARCEL I: A PORTION OF CUSTER STREET 46 FEET IN WIDTH, N THE CITY OF SAN FA ANA, COUNTY OF ORANGE, Sl ATE OF CALIFORNIA, LYING SOUTHWESTERLY OF THE RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 5 AND NORTHWESTERLY OF THE CUL -DE -SAC OF CUSTER ST REET AS SHOWN ON SHEET 5 OF RECORD OF SURVEY 2002 -1059 RECORDED IN BOOK 194 PAGES 28 -36, INCLUSIVE, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, EXCEPTING THEREFRO:NI THAT PORTION OF CUSTER STREET LYING SOUTHERLY OF THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF TFIE NORTH 50 FEET OF THE WEST 180 FEET IN BLOCK 18 OF THE TOWN OF SANTA ANA CAST, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK IQ PAGES 43 AND 41 OF ;MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFOR,iNLA AND DESCRIBED AS FOLLOWS: BEGINNUNG AT THE SOUTHEAST CORNER OF THE NORTH 50 FEET OF THE WEST 180 FEET OF BLOCK 18 AS PER NEAP RECORDED IN BOOK 10, PAGES 43 AND 44 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, THENCE NORTH 00' 18'00" EAST, 50.00 FEET, ALONG THE EASTERLY LINE OF THE NORTH 50 FEET OF THE WEST 180 FEE "F OF BLOCK [8 TO THE NORTHERLY LINE, OF BLOCK 18, THENCE SOUTH 89'03'20" EAST ,ALONG THE NORTHERLY LINE OF BLOCK 18, 18 -79 FEET, TO THE SOUTHWESTERLY RIGHT -OF -WAY LINE OF INTERSTATE HIGHWAY 5 AS SHOWN ON SHEET 5 OF RECORD OF SURVEY 2002 -1059, THENCE SOUTH 89 "03'20" EAST PER RECORD OF SURVEY 2002-1059,320 FEET, ALONG THE SOUTHERLY RIGHT -OF -WAY LINE OF INTERSTATE HIGHWAY 5, THENCE SOUTH 57 °38'06" EAST PER RECORD OF StJRV'EY 2002- 1059, 2L25 FEET, ALONG THE SOUTHWESTERLY RIGHT -OF -WAY LINE OF INTERSTATE HIGHWAY 5 TO THE. EASTERLY RIGHT- OF -WAY LINE OF CUSTER STREET, THENCE SOUTH 00'13'00" WEST ALONG TFIE EASTERLY RIGHT -OF -WAY LINE OF CUS "FER STREET, 12.76 FEET, TO A POINT ON A NON- TANGENT CURVE, SAID CURVE BEING CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 45.00 FEET PER RECORD OF SURVEY 2002 -1059, A RADLAL LINE TO SAID POINT BEARS NORTH 08'50'04" WEST PER RECORD OF SURVEY 2002 -1059, THENCE SOUTHWESTERLY ALONG SAID CURVE, 43.51 FEET THROUGH A CENTRAL ANGLE OF 552411" PER RECORD OF SURVEY 2002 -1059, TO A POINT ON A NON-TANGENT LINE, A RADIAL LINE TO SAID PONT BEARS NORTH 64=14' I6" WES`I THENCE SOUTH 13 °54`38" WEST PER. RECORD OF SURVEY 2002-4039,0.7d FEET, TO ITS RVTERSECTION WITH THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF THE NORTH 50 FEET OF THE WEST 180 FEET OF BLOCK 18, THENCE NORTH 89'0320" WEST, 627 FEET, TO THE WESTERLY RIGHT -OF- WAY LINE OF CUSTER STREET AND THE POINT OF BEGINNING. TI HE ABOVE DESCRIBED PARCEL FLAS AN AREA OF 1,304 SQUARE FEET, MORE OR LESS, PARCEL 2: A PORTION OF CUSTER STREET, 40 FEET IN WIDTH, IN THE CITY OF SANTA ASIA, COUNTY OF ORANGE, STATE OF CALIFORNIA, LYING SOUTHWESTERLY OF THE RIGHT -OF -WAY LINE OF INTERS TA FE IFIGHWAY 5 AND NORTHWESTERLY OF THE CUL -DE -SAC OF CUSTER STREET AS SHOWN ON SHEET 5 OF RECORD OF SURVEY 2002 -1059 RECORDED IN BOOK 194 PAGES 28 -36, FNCLUSIVE, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, EXCEPTING THEREFROM THAT PORTION OF CUSTER STREET LYING NORTHERLY OF THE EASTERLY PROLONGATION' OF THE SOUTHERLY LINE; OF THE NORTH 50 FEET OF THE WEST 180 FEET IN BLOCK 18 OF THE TOWN OP SANTA ANA EAST, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK I0, PAGES 43 AND 44 OF 4iISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA AND DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTH 50 FEET OF THE WEST 180 FEEL' OF BLOCK 18 AS PER MAP RECORDED FN BOOK 10, PAGES I3 AND 44 OF .MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, T HENCE SOL FIT 89`03'20" EAST 6.1-7 FEET, TO THE NTERSECTION' OF THE EASTERLY PROLONGATION OF [LIE SOUTHERLY LINE OF THE NORTH 50 FEET OF THE WEST 180 FEET OF BLOCK 13 AND THE CUL -DE -SAC OF CUSTER STREET AS SHOWN ON SHEET 5 OF RECORD OF SURVEY '_002 -1059, THENCE SOUTH 13'54'38" WEST PER RECORD OF SHLEI2OF_ SURVEY 2002 -105), 19.57 FEET, TO THE INTERSECTION OF THE CUL -DE -SAC OF CUSTER STREET AND THE WESTERLY RIGHT'- OF -,VAY LINE OF CUFSTERS FREE 1, I HENCE NORTH 00' IT00" EAST ALONG, THE WESTERLY RIGHT -OF -WAY LINE OF CUSTER STREET, [8.71 FEET, TO THE POINT OF BEGINNING THE ABOVE DESCRIBED PARCEL HAS AN AREA OF S9 SQUARE FEET, SCORE OR LESS, ATTACHED HERETO AND MADE A PART THEREOF IS A MAP ENT[TLED EXHIBIT "B ". THIS MAP IS FOR IN'FORMAFIONAL PURPOSES ONLY AND IS SUBORDINATE IN ALL RESPECTS TO THE ABOVE DESCRIPTION'. THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY NIE, OR UNDER MY DIRECTION, DI COtiP0R4L4NCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. No. 900, *\ ,'XP. 9--m L5 /*, CHRISTIAN T. FOSTER DATE L.S. 9001 No. 900, *\ ,'XP. 9--m L5 /*, SHEET 1 OF 1 LEGEND: AREA TO BE VACATED EXHIBIT;qBll iD N89'03'20"W N39'03' 0"W 3 20' - -- - - ---- ------------ I . I 18.79 Jq, NORTHERLY LINE BLOCK 18 4, '1k- LIMITS OF STATE Li PARCEL 06'- RIGhT-OF-WAY AS 1,304 S. FF SHOWN ON SHEET 5 MORE OR L OF R.S.B. 194/28-36 boo - < SOUTHERLY LINE OF THE Ln NORTH 50 FEET OF THE z WEST 180 FEET IN BLOCK 18 N39*0'2A, 6.27' \ LIMITS OF CUSTER - - - - - -- - - - - - - - - - - - - -- N 18*54'38"1: STREET CUI--DE-SAC AS SHOWN ON SHEET NOO* I 8'00"E N 1 854'38"E 5 OF R.S.B. 194/28-36L 18.7 V 19,67' 0 C) 0 1-009 i - o PARCEL 2 0 59 S.F. n MORE OR LESS uiZ N89'03 20"W 130.00 - - - - - - - - - - Ln LLJ U) -00 - - - - - - - -- - - - - - - - - -- - -- - - - -- - - - - - - - - - - - - - - 20 20' t1 L A fn WASHINGTON �AVENUE 10- No, 9001 ; Exp. 9- 0-15 THIS MAP S FOR !NFOMIONAL PURPOSES TIONLND IS SUBORDINATE IN ALL RESPECTS TO THRE XiTA ACHED DESCRIPON. Y A