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Home My WebLink About02 ADOPT RESOLUTION 11-51AGENDA REPORT MEETING DATE: JULY 19, 2011 TO: WILLIAM A. HUSTON, INTERIM CITY MANAGER Agenda Item Reviewed: City Manager Finance Director FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER SUBJECT: ADOPT RESOLUTION NO. 11-51 ORDERING THE VACATION OF A PORTION OF THE PROPERTY ADJACENT TO EL CAMINO REAL BETWEEN RED HILL AVE. AND NEWPORT AVE SUMMARY Adoption of Resolution No. 11-51 will order the vacation of a portion of real property adjacent to EI Camino Real and a portion of a street easement between Red Hill Avenue and Newport Avenue that are no longer needed for public roadway or utility purposes. The adjacent commercial property owners at 1450 EI Camino Real have requested the opportunity to purchase the property from the City to expand their existing parking lot. RECOMMENDATION It is recommended that the City Council conduct the public hearing and adopt Resolution No. 11-51 ordering the vacation of a portion of real property adjacent to EI Camino Real and a portion of a street easement between Red Hill Avenue and Newport Avenue. FISCAL IMPACT Fair market value land sale proceeds are to be expected from the sale of Parcel F and the street easement will revert back to the underlying fee owner at no cost. DISCUSSION In January 2011, the City received a letter from the property owners at 1450 EI Camino Real requesting to purchase adjacent City property to expand their parking lot to accommodate employee and customer parking needs. Acquisition of property from Caltrans and the City of Tustin is necessary to accommodate the additional parking. A boundary survey depicting the property orientation at the intersection of Red Hill Avenue and EI Camino Real is attached, along with an enlargement of the portion of City property under consideration. On June 21, 2011, the City Council adopted Resolution No. 11-43 declaring the City's intent to vacate the subject property and set a public hearing for the vacation of the property for July 19, 2011 at 7:00 p.m. in the Council Chambers. It has been determined that the City property is no longer needed for public roadway or utility purposes. At their meeting of July 12, 2011, the Planning Commission adopted Resolution No. 4176 determining that the location, purpose, and extent of the proposed vacation of public right-of-way adjacent to EI Camino Real is in conformance with the Tustin General Plan. The vacation of the subject City property furthers Land Use Element Policy No. 1.3, which is to facilitate the development of vacant and underutilized freeway parcels with commercial uses where appropriate and compatible with surrounding uses to capitalize on their freeway access and visibility. Vacate Property Adjacent to EI Camino Real July 19, 2011 Page 2 It has been determined that the project is categorically exempt from CEQA requirements pursuant to Section 15312 of the California Government Code. A Notice of Exemption will be executed and filed with the County Recorder's Office following Council action. las .Stack, P.E. ror f Public Works/City Engineer Attachments: Resolution No. 11-51 Property Boundary Survey & Parcel Descriptions S:\City Council Items\2011 Council ItemsWdopt Reso -Vacation of Property Adj to ECR.docx RESOLUTION NO. 11-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ORDERING THE VACATION OF A PORTION OF REAL PROPERTY ADJACENT TO EL CAMINO REAL AND A POTION OF AN EASEMENT BETWEEN RED HILL AVENUE AND NEWPORT AVENUE WHEREAS, the City Council of the City of Tustin, California, does hereby resolve as follows: The City Council finds and determines: a. The City Council duly adopted its Resolution No. 11-43 declaring its intention to vacate a portion of real property adjacent to EI Camino Real and a portion of an easement between Red Hill Avenue and Newport Avenue as described in Exhibit "A" and shown on Exhibit "B" attached hereto and incorporated herein by this reference and on file in the office of the City Clerk. b. Said resolution has been duly published according to law; and c. Said notices of said hearing have been posted as required by law; and d. A public hearing has been duly called, noticed and held according to law, and all persons interested in or objecting to the proposed vacation appearing at said hearing were heard. e. Said portions of real property are not necessary for present or prospective public street or utility purposes. The project is categorically exempt from California Environmental Quality Act (CEQA) requirements pursuant to Section 15312 of the California Government Code. g. The Planning Commission, at its July 12, 2011 meeting, adopted Resolution No. 4176 determining that the location, purpose, and extent of the vacation of a portion of real property adjacent to EI Camino Real and a potion of an easement between Red Hill Avenue and Newport Avenue is in conformance with the Tustin General Plan. 2. The City Council hereby orders the vacation of a portion of real property adjacent to EI Camino Real and a portion of an easement between Red Hill Avenue and Newport Avenue described in Exhibit "A" and shown on Exhibit "B" attached hereto. 3. The City Clerk is directed to cause a certified copy of this Resolution, duly attested by the City Clerk under seal of the City, to be recorded in the office of the County Recorder of the County of Orange. PASSED AND ADOPTED at a regular meeting of the City Council held on the 19th day of July 2011. 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CML ENGINEERING do LANp SURVEYCO~ ~~ LOCATION ANN'IdM, I'', PALINA AVE. ~ SURE 202 ~ - CAUFORNIA 92805 ^^ ATE _ E ~~ '(774-1763 FiV(;(714)774_4690 ~ OIM~y ~~ a0acal0anacalengineering.com r~ N ~E. _ OWNER: JOB N0. - SHEET N0. 1 OF 1 EXHIBIT 'A' BEING A PORTION OF LOT 31, BLOCK 12 OF THE IRVINE'S SUBDIVISION PLAT N0. 1 OF THE RANCHOS SANTIAGO DE SANTA ANA AND SAN JOAQUIN, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 5, PAGE 7 OF MISCELLANEOUS RECORDS OF SAID ORANGE COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF RED HILL AVENUE AND EL CAMINO REAL AS SHOWN ON SAID IRVINE'S SUBDIVISION PLAT N0.1; THENCE ALONG THE CENTERLINE OF EL CAMINO REAL NORTH 49' 19'05" WEST 45.16 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 500.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19'17'37" A LENGTH OF 168.37 FEET TO A POINT OF TANGENCY; THENCE NORTH 68'36'39" WEST 280.23 FEET; THENCE LEAVING SAID CENTERLINE SOUTH 21'23'21 " WEST 40.40 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID EL CAMtNO REAL AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 68'36'39" EAST 169.87 FEET ALONG SAID SOUTHWESTERLY LINE TO A POINT ON A STREET EASEMENT RECORDED JANUARY 24, 1968 IN BOOK 8500, PAGE 658 O.R.; THENCE LEAVING SAID SOUTHWESTERLY LINE NORTH 78' 13'43" WEST 121.31 FEET ALONG SAID NORTHEASTERLY LINE TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE OF THE SANTA ANA FREEWAY (INTERSTATE 5); THENCE NORTH 46'37'21 " WEST 54.13 FEET ALONG SAID NORTHEASTERLY LINE TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF EL CAMINO REAL AND THE TRUE POINT OF BEGINNING. SEE EXHIBIT 'B' ATTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF. C QUEYREL LS, 9 8 i ~~~ G~, 4UErq~ `mss. 5~~ AND S~9 ~ 9 No. 2968 *. Exp. 06/30/10 `~~OF CAUFO~ EXHIBIT 'B' , . 8 ~ h~. i ~~ ~; .~ ~ ; ~ ,~ , ; ~ .. ~ ; o ~; / ~' ;, ~ ~'`~' ~ ~ ,; ~ ~ ~ ~ i ~ ,~ ~, - ~, i o ;' i ~ry i /li /~ ~' ~~ / "PJ ~ I ~ r p~EE~ ~~~~~^~ ~~ ~ BSgp_`~ Ifs ~ ~ ~ oR~ ~ .~ lc"' ~ '~' :^ ~ ~ ~w ~~ ' '~. N ~~ / !l EXHIBIT 'A' BEING A PORTION OF STREET EASEMENT RECORDED JANUARY 24, 1968 IN BOOK 8500, PAGE 658 OFFICIAL RECORDS AND A PORTION OF LOT 31, BLOCK 12 OF IRVINES SUBDIVISION PLAT N0. 1 OF THE RANCHOS SANTIAGO DE SANTA ANA AND SAN JOAQUIN IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA AS FILED IN BOOK 5, PAGE 7 OF MISCELLANEOUS RECORDS, RECORDS OF SAID ORANGE COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF RED HILL AVENUE AND EL CAMINO REAL; THENCE ALONG THE CENTERLINE OF EL CAMINO REAL NORTH 49' 19'05" WEST 45.16 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 500.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19' 17'37" A LENGTH OF 168.37 FEET TO ANON-TANGENT LINE; THENCE LEAVING SAID CENTERLINE SOUTH 21'2318" WEST 40.00 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF EL CAMINO REAL, AND THE TRUE POINT OF BEGINNING, SAID POINT BEING THE BEGINNING OF ANON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 460.00 FEET, A RADIAL LINE THROUGH SAID CURVE BEARS NORTH 21'23'21 " EAST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09'37'04" A LENGTH OF 77.22 FEET TO A POINT OF TANGENCY SAID LINE BEING THE SOUTHWESTERLY LINE OF A STREET EASEMENT RECORDED JANUARY 24, 1968 IN BOOK 8500, PAGE 658 OF OFFICIAL RECORDS; THENCE NORTH 78' 13'43" WEST 133.92 FEET TO THE NORTHEASTERLY RIGHT OF WAY LINE OF THE SANTA ANA FREEWAY (INTERSTATE 5); THENCE NORTH 46'37'22" WEST 22.90 FEET ALONG SAID FREEWAY RIGHT OF WAY LINE TO THE NORTHEASTERLY LINE OF SAID STREET EASEMENT; THENCE LEAVING SAID FREEWAY RIGHT OF WAY LINE SOUTH 78' 13'43" EAST 121.31 FEET ALONG SAID NORTHEASTERLY LINE TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF EL CAMINO REAL; THENCE SOUTH 68'36'39" EAST 110.52 FEET ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING. SEE EXHIBIT 'B' ATTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF. ~-WD Vv V` ~ O~ `' No. 2988 * Exp.Ofi/3W10 *, trj, 2~Q' 9~OF CAL\~OP C.J. EYREL S 88 EXHIBIT 'B' ,, i ~', i ~" ~ ,~^ / / ~ ,~ ~ ~ i / ~ '` ~ / ~ ~ ^g~ / ~~~/ // / ~ / ~ `~~~~ T.P•0•B• / ~ A ~,y /~ _ C~~2~~ / ~. 1 ; :=j 11 1.= I ~ ~~ / ,~ I ~ P~~ l ~ ~ ~ e,~~E~~ / ~cr ' ~ ~ ~ D R, ~r ~~ ~ ~~ _ ~' ~ ~ ~ ~ ~/ ~ M / ~ ~ / ~ ~ ~ ~' ~/ ~ '~ ~ ~ / 37 22'Wi / ~ / ~ ~ ~ ~ 22.90' / i / / I ~ ./' ~d .\ 9p "<' y ~'~ ~~ '~~ SAND S ~ ~~5~o nuEy,9~9`F ~~' V' ACC ~- °~ ~Q. No. 2988 y.,~. ~• OR/30/10 ..~N~,~~o FoP~\~ FCAL1~