HomeMy WebLinkAbout11 PUBLIC EASEMENT 01-19-99DATE:
JANUARY 19, 1998
NO. 11
..... i-19-99
Inter-Com
TO:
FROM-
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT
SUMMARY VACATION OF A PUBLIC EASEMENT LOCATED AT THE END OF
THE CUL-DE-SAC OF SAN SIMON STREET WITHIN TRACT NO. 15316
II ~ resolution to vacate a public easement for pedestrian access and utilityI
IPurposes to Heritage Park, known as Lot ~1 of Tract No. 15316, generally located at the endofI
]the cul-de-sac of San Simon Street within the developm'ent known as "Estrella'.
I
I Applicant: EstrellaHomeownersAssociation Owner: City of Tustin
RECOMMENDATION
That the City Council adopt resolution 99~02 summarily vacating the public easement
located on Lot A of Tract No. 15316.
FISCAL IMPACT
There would be no fiscal impact. The Estrella Homeowners Association propose to pay
for all costs associated with installing a lock on the pedestrian gate.
BACKGROUND
The easement to be vacated is at the end of San Simon Street cul-de-sac. The
easement to be vacated was originally intended for use as public ingress and egress to
Heritage Park and for public utility purposes. There are no existing utilities or future plans
to locate any public utilities within the easement. The Estrella Homeowners Association
requested permission to lock the existing pedestrian gate that is located within the
easement, which provides access to Heritage Park. Locking this pedestrian gate located
within the public easement restricts the intended public service to this easement;
therefore, the public easement must be vacated to accomplish this end. The Estrella
Homeowners Association is concerned that this gate will provide an access point
encouraging park users to use the streets within the Estrella community for parking
City Council Report
Summarily Vacating Public Easement
January 19, 1999
Page 2
purposes rather than using the parking lot located within Heritage Park. The Estrella
Homeowners Association is proposing to install a key pad lock to limit the access to its
residents. The easement area and gate will be maintained by the Estrella Homeowners
Association.
Under certain conditions such as this, a summary vacation procedure can be used. A
public hearing, publication and notice are not required. If approved, the adopted
resolution will be recorded with the County Recorder.
Lori A. Ludi Elizabeth A. Binsack
Associate Planner Director of Community Development
LL:ccrept.
Attachments:
Exhibit"A" - Resolution No. 99-02
Exhibit"B"- Legal Description
Exhibit"C"- Location Map
Letter from Estrella Community Residents
Letter from Estrella Community Association
RESOLUTION NO. 99-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN TO
VACATE SUMMARILY A PUBLIC EASEMENT KNOWN AS LOT A OF TRACT
NO. 15316 GENERALLY LOCATED AT THE END OF THE CUL-DE-SAC OF
SAN SIMON STREET
The City Council of the City of Tustin does hereby resolve as fOllows:
II.
The City Council finds and determines as follows:
A.
That the State of California Streets & Highway Code Sec. 8330 et seq.,
provides authority for the City Council to vacate summarily a public service
easement
S.
That Section 8333 of said Code specifically authorizes the City Council to
summarily vacate summarily a public service easement if the easement has
been superseded by relocation and there are not other public facilities
located within the easement.
C.
The public easement at issue provided access to Heritage Park for Estrella
residents and others. Vacating the easement and locking the pedestrian
gate maintains the original intent of the pedestrian access to Heritage Park
for the Estrella residents. There are no other public utilities located within
the easement.
D,
That the City's Engineer has determined that the public service easement,
as described in the attached Exhibit "A", and as shown on the attached map
entitled Exhibit "B", is an easement that has never been utilized for public
utility purposes and no public utilities exist or are proposed to be located
within the easement.
Eo
In accordance with Section 8333 of Chapter 3 of the California State &
Highway Code, the public service easement, as described in Exhibit "A"
attached hereto and made a part hereof, should be summarily vacated.
Pursuant to Section 15268 (Ministerial Projects) of the 'California Environmental
Quality Act (CEQA), this agency action 'is considered statutorily exempt from the
requirements of CEQA;
ExhibitA - Resolution No. 99-02
Vacating Public Easement
Page 2
III.
The City Council 'hereby vacates the public easement known as Lot A of Tract
15316, generally located at the end of the cul-de-sac of St. Simon Street in Tustin,
California, as shown on Exhibit A.
IV,'
That the City Clerk of the City of Tustin Shall cause a certified copy of this
Resolution to be recorded in the Office of the County Recorder of Orange County,
Califomia.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 19th
day of January, 1999.
THOMAS R. SALTARELLI
Mayor
PAMELA STOKER
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
CERTIFICATION FOR RESOLUTION NO. 99-02
PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, does hereby certify that the whole number of the members of the City Council of
the City of Tustin is 5; that the above and foregoing Resolution No. 99-02, was duly and
regularly introduced, passed, and adopted at a regular meeting of the Tustin City Council,
held on the 19th day. of January, 1999.
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
City Clerk
EXHIBIT "B"
Legal Description of Public Easement
Lot A of Tract No. 15316 in the City of Tustin, C.ounty of Orange, State of California, as
shown on a map filed in Book 747, pages 35-37 inclusive of miscellaneous maps,
records of said County.
(All as shown on the map marked Exhibit "C" attached hereto and by reference made a
part hereto)
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SEE SHEET 2 FOR BASIS OF BEARINGS,
SHEET INDEX AND BOUNDARY MAP
EASEMENT NOTES, MONUMENT No'J-Es
AND NOTES.
HUNSAKER AND ASSOCIA'
TOM R. McGANNON, R.C.F_ 23956
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September 7, 1998
Mayor Tom Saltarelli
Tustin City Council
300 Centennial Way
Tustin, CA 92780
Dear Mayor Saltarelli:
We are residents of the Estreila Community adjacent to the new Heritage
Park in Tustin Ranch. We believe that this park will be a great asset to the
community and its design provides a great array of amenities that will
serve the residents of Tustin Ranch well.
We are seeking your assistance to permit a minor modification to the
park's design that will greatly relieve concerns of many residents within the
adjacent community. Your design for the park includes a well located and
appropriately sized parking facility. There is, however, a pedestrian gate
in the wall that separates the park from the Estrella Community. This
access point serves no residents other than those within the Estrella
Community.
We are concerned that this gate will provide an access point encouraging
park users to crowd our streets for parking purposes rather than using the
parking lot located within the park as provided by the City of Tustin. This
in turn could result in unwanted foot traffic, vehicle traffic, noise, and the
possibility of vandalism in our neighborhood as late as 10 p.m. every night.
Your willingness to allow a lock to be placed on this pedestrian gate with
keys provided to the Estrella residents will completely eliminate this
parking dilemma. Because of the benefit this lock would provide to the
community, we would be delighted to pay all costs associated with this
modification and seek its installation in a timely manner prior to the
opening of the park for use by the community.
We would appreciate your consideration in this matter. The gate benefits
only the Estrella Community and would best serve our community if it
remains locked.
Very truly yours,
Estrella Community Residents
/
-_.
Name Address
ESTRELLA COMMUNITY
ASSOCIATION
January 7, 1999
Elizabeth Binsack
Community Development
300 Centennial Way
Tustin, CA 92780
RE: ESTRELLA COMMUNITY ASSOCIATION
Dear Ms. Binsack,
At the Board of Directors meeting held on January 6, 1999, the Board voted to pursue
having the City of Tustin vacate the easement over the land between Heritage Park and
the Estrella Community.
The Association will accept the responsibility for the maintenance and liability of the
park access gate.
If there any further concerns or questions, please contact our Association Manager,
Christine Gruninger, at Action Property Management at (949) 450-0202.
Sincerely,
On Behalf of the Board of Directors
Louise Turner, President
Estrella Community Association
cc: Board of Directors
Professionally Managed By Action ProperO; Management, Inc.
29B Technology Drive, Suite 100, lrvine, CA 92618
(949) 450-0202 (800) 400-2284 (949) 450-0303 ./"ax
www. action-online, corn