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Home My WebLink AboutCC 8 VACATION FAIRGATE 09-05-89TO: FROM: SUBJECT: WILLIAM HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION ABANDONMENT/VACATION OF FAIRGATE DRIVE AND A PORTION OF RAWLINGS WAY RECOMMENDATION: That the Tustin City Council at their meeting of September 5, 1989, pass and adopt the attached resolution declaring the city's intention to vacate and abandon Fairgate Drive between Tustin Ranch Road and the northerly boundary of Tract No. 12870 and a portion of Rawlings Way between Fairgate Drive and a point approximately 150 feet easterly of Fairgate Drive, and setting a time and place of a public hearing thereon. BACKGROUND: On August 28, 1989, the Tustin Planning Commission passed and adopted a resolution recommending to the city council disposition of Fairgate Drive and a portion of Rawlings Way and finding that said abandonment/vacation is categorically exempt from the California Environmental Quality Act (CEQA) requirements. The abandonment/vacation of Fairgate Drive between Tustin Ranch Road and the northerly boundary of Tract No. 12870 and a portion of Rawlings Way between Fairgate Drive and a point approximately 150 feet easterly of Fairgate Drive is described and delineated on Exhibits A and B and attached to the resolution. The abandonment/vacation of these streets was requested by The Irvine Company so that the two streets could be converted from public street right-of-ways to private streets. These two streets were previously dedicated to the city as a result of the recordation of final Tract Map No. 12870. In order to provide guaranteed access to certain lots within Tract No. 12870, the map must be amended to provide for a separate Lot DDD which will proVide private access to the affected Lots 3, 4, 5, 6, 8 and 28 that abut the existing public streets. DISCUSSION: The proposed streets to be abandoned/vacated currently contain public utilities. Pursuant to Section 8330 of the Streets and Highways Code a permanent easement for these utilities will be maintained throughout the entire width of each street. The purpose for these street abandonments/vacations is to provide a private street system which will allow controlled access through guard gates. The adjacent land to each of these streets is vacant or undeveloped residential or school sites. The Irvine Company has indicated that they have contacted the Tustin Unified School District and that they have expressed no opposition to the proposed abandonments. J ABANDONMENT/VACATION OF FAIRGATE DRIVE AND PORTION OF RAWLINGS WAY AUGUST 29, 1989 PAGE 2 Following is the anticipated scheduling for the proposed abandonment/vacation procedure: September 5, 1989 - City Council adopts resolution declaring intention and setting date for public hearing September 6 through 21, 1989 - Notify all affected utilities September 14, 1989 - Resolution of Intent published in Tustin News September 18, 1989 - Properties adjacent to affected streets posted at 300-foot intervals October 2, 1989 - City Council holds public hearing and, pending results, adopts resolution ordering the abandonment/va cat i on October 3, 1989 - City Clerk causes resolution to be recorded at County Recorder's office. Immediately after the close of the public hearing and adoption of the resolution ordering the vacation, the city council needs to approve amended Tract Map No. 12870 which will designate Lot DDD as a private street to provide permanent access to Lots 3, 4, 5, 6, 8 and 28 of Tract No. 12870. Bob Ledendecker Director of Public Works/City Engineer BL:mv Attach. .- 2 3 4 5 6 7 RESOLUTION NO. 89-!35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING ITS INTENTION TO VACATE AND ABANDON FAIRGATE DRIVE BETWEEN TUSTIN RANCH ROAD AND THE NORTHERLY BOUNDARY OF TRACT NO. 12870 AND A PORTION OF RAWLINGS WAY BETWEEN FAIRGATE DRIVE AND A POINT APPROXIMATELY 150 FEET EASTERLY OF FAIRGATE DRIVE AND TO FIX A TIME AND PLACE OF PUBLIC HEARING THEREON. WHEREAS, the original dedication of Fairgate Drive and a portion of Rawlings Way was for access to Lots 3, 4, 5, 6, 8 and 28 of Tract No. 12870; and WHEREAS, The Irvine Company, owner of said lots, has requested abandonment/vacation of said public streets to accommodate their conversion to private streets; and WHEREAS, access to Lots 3, 4, 5, 6, 8 and 28 of Tract No. 12870 will be provided permanent access from said private streets per the amended Tract Map No. 12870; NOW THEREFORE, the City Council of the City of Tustin does hereby resolve as follows: ]6 1. It is the intention of the city council to vacate Fairgat~ Drive between Tustin Ranch Road and the northerly limits of ]7 Tract No. 12870 and a portion of Rawlings Way between Fairgate Drive and a point approximately 150 feet easterly ~8 of Fairgate drive shown on Exhibits A and B attached hereto and incorporated herein by this reference and on file in the ]9 office of the City Clerk. 20 2. A finding that the two streets are unnecessary for present or prospective public street purposes. 3. Reservation of easements per Section 8330 of the Streets and 22 Highways Code. 93 4. Categorical exemption from EIR requirements. 94 5. A public hearing is hereby set for October 2, 1989 at 7:00 p.m., in the chambers of the city council at 300 95 Centennial Way, Tustin, California for hearing all persons interested in, or objecting to, the proposed vacation. 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 6. This resolution shall be published once in the Tustin News, a newspaper of general circulation published in the City of Tustin, not less than fifteen (15) days before said hearing and notice of said hearing shall be posted conspicuously along the line of those streets proposed to be vacated not less than ten (10) days before said hearing, and not more than three hundred (300') apart and not less than three (3) copies shall be posted. 7. The city elects to proceed under the provisions of Chapter 2, Part 3, Division 9 (Sections 8320, et. seq.) of the California Streets and Highways Code. PASSED AND ADOPTED at a regular meeting of the city council, held on the 5th day of September, 1989. Mayor ATTEST: City Clerk EXHIBIT "A" LEGAL DESCRIPTION FOR THE VACATION OF FAIRGATE DRIVE AND A PORTION OF RAWLINGS WAY IN TRACT NO. 12870 Fairgate Drive and a portion of Rawlings way in the City of Tustin, in the County of Orange, State of California, as shown on a map filed in Book 601., pages I through 20, inclusive, of Miscellaneous Maps, in the Office of the County Recorder of said County, described as follows: Beginning at the southerly terminus of the course shown as "N.14°55'OO"W. 22.13'" along the westerly line of said Fairgate Drive; thence along the boundary of said Fairgate Drive and Rawlings Way the following courses: N.14°55'OO"W., 22.13 feet to the beginning of a tangent curve concave southwesterly having a radius of 270.00 feet, northwesterly 119.00 feet along said curve through a central angle of 25°15'09'' to a tangent reverse curve concave southeasterly having a radius of 330.00 feet, northerly and easterly 851.47 feet along said curve through a central angle of 147o50'09'', S.72°20'00"E., 210.00 feet to the begin- ning of a tangent curve concave northerly having a radius of 1170.00 feet, easterly 1735.73 feet along said curve through a central angle of 85°00'00'', N.22°40'OO"E., 136.00 feet to the beginning of a tangent May 4, 1989 Page I of 3 W.O. 278-13X H & A Legal No. 2382 HRF curve concave southeasterly having a radius of 830.00 feet, northeasterly 267.27 feet along said curve through a central angle of 18°27'00'' to a tangent reverse curve concave northwesterly having a radius of 770.00 feet, northeasterly 398.02 feet along said curve through a central angle of 29°37'00'', N.11°30'OO"E., 59.81 feet, N.85°25'OO"E., 62.44 feet, S.11°30'00"W., 77.11 feet to the beginning of a tangent curve concave northwesterly having a radius of 830.00 feet, southwesterly 429.03 feet along said curve through a central angle of 29°37'00'' to a tangent reverse curve concave southeas{erly having a radius of 770.00-feet, southwesterly 247.95 feet along said curve through a central angle of 18°27'00'', S.22°40'00"W., 136.00 feet to to the beginning of a tangent curve concave northwesterly having a radius of 1230.00 feet, southwesterly 343.74 feet along said curve through a central angle of 16°00'43'', non-tangent from said curve, S.§°17'08"E., 20.83 feet, S.49°15'00"E., 114.34 feet and southeasterly 73.00 feet along a tangent curve concave southwesterly having a radius of 730.00 feet through a central angle of 5°43'46"; thence leaving said boundary, S.46°28'46"W., 60.00 feet radially to a point on said boundary, said point being on a non-tangent curve concave southwest- erly having a radius of 670.00 feet; thence continuing along said boundary, northwesterly 67.00 feet along said curve through a central angle of 5°43'46'', N.49°15'OO"W., 114.34 feet, S.86°47'O8"W., 20.83. feet to a point on a non-tangent curve concave northerly having a radius of 1230.00 feet, a radial line to said point bears May 4, 1989 Page 2 of 3 W.O. 278-13X H & A Legal No. 2382 HRF S.47°10' 43"E. . , westerly 1392 (}7 feet along said curve through a cen- tral angle of 64°50'43'', N.72°20'OO"W., 210.00 feet to the beginning of a tangent curve concave southeasterly having a radius of 270.00 feet, westerly and southerly 696.66 feet along said curve through a central angle of 147°50'09'' to a tangent reverse curve concave south- westerly having a radius of 330.00 feet, southeasterly 145.44 feet along said curve through a central angle of 25°15'09'', and S.14°55'00"E., 21.59 feet; thence leaving said boundary S 74°34'06"W 60.00 feet to the Point of Beginning. As more particularly shown on Exhibit "B" attached hereto and made a part hereof. ceS R. Gill, L.S.~ 5780 ense expires' 6/30/92 May 4, 1989 Page 3 of 3 W.O. 278-13X H & A Legal No. 2382 HRF ~EET t OFq- EXHIBIT "B" SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOR THE VACATION OF' FAIRI3ATE DRIVE AND A PORTION OF RAWLINGS WAY IN TRACT NO. 12870 LO'? D '%.%~, / // VACATION OF FAIRoATE DRIVE - 4;34[0.2;3]PF, 12870 1;318 03-rlay-89 01,40 .~H~E'I' ?.. OF 4- EXHIBIT "B" SKETCH TO ACCOI'tPANY LEGAL DESCRIPTION FOR THE VACATION OF FAIRGATE DRIVE AND A PORTION RAI~LINGS ~/AY IN TRACT ~NO. 12870 OF e M AY IO~ ~o~ W.O. ~"/6-1~5 x HI~F .5 0 .i0 ,p COY ' ' kO-f 6 .LO','"' JA)4.~§ R. G IL/_. - [L. S. 5780 L ~ENSE EXP ! RES: §/30/9;~ VACATION OF FAIRGATE DRIVE SHT 2 - 4~[0,2~]PF~ 12870 1~19 0~-Ha¥-89 018~9 P~ i/ ~78-:3--6 N SHEET ~ OF 4- EXHIBIT "B" SKETCH TO ACOOHPAN¥ LEGAL DE$CRIF'TION FOR THE VACATION OF FAIRGATE DRIVE AND A PORTION OF' RAWLINGS WAY IN TRACT NO. ~2870 ~IA'( t915c) ~V.O. h'J,, A LEGAL. HRF U_'FF ~-{ LOT ' uJ L NSE EXPIRES: 6/;30/92 VACATION OF FAIRGAtE DRIVE 8HT 3 - 4~4[0,23]PF= 12870 1320 O~-Ma¥-Bg 02:07 PM EXHIBIT" SKETCH TO ACCOHPANY LEGAL DESCRIPTION FOR THE VACATION OF FAIRGATE DRIVE AND A PORTION OF RAWLINGS WAY IN TRACT NO. ~2870 N6r~ w.o. H { ALE 6 AL Z 5~- HI~F 5~. 1St' xx~'0· \ L ENSE EXPIRES: 6/30/9::' VACATION OF FAIRoATE DRIVE SHT 4 - 434[0,231PF: 12870 1321 g3-Mo¥-Bg 02,~2 PM / 278-3-6