HomeMy WebLinkAbout03 ADOPT RESOLUTION 11-51 VACATION OF A PORTION OF PROPERTY ADJACENT TO EL CAMINO•
AGENDA REPORT Reveweld.m
1~
City Manager
Finance Director
MEETING DATE: AUGUST 2, 2011
TO: WILLIAM A. HUSTON, INTERIM CITY MANAGER
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
AVENUE AND NEWPORT AVENUE
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. This item was continued by the City Council from
July 19, 2011.
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
Vacate Property Adjacent to EI Camino Real
August 2, 2011
Page 2
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.
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.
This item was continued by the City Council at their meeting of July 19, 2011 to clarify issues in the
preliminary title report for the City property.
Stack, P.E.
Public Works/City Engineer
Attachments: Resolution No. 11-51
Property Boundary Survey 8 Parcel Descriptions
S:\City Council Items\2011 Council Items\Adopt 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 PORTION 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:
1. 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.
f. 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 2nd
day of August 2011.
Jerry Amante, Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council is
five; that the above and foregoing Resolution No. 11-51 was duly and regularly passed
and adopted at a regular meeting of the City Council held on the 2"d day of August,
2011 by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER,
City Clerk
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EXIiIBIT '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
40.00 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID EL CAM~NO 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.
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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
21'23' 18" 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.
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