HomeMy WebLinkAboutPH 1 "C" ST. VACATION 02-01-82 PUBLIC HEARINGS
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21, 1982 Inter-Corn
TO:
FROM:
SUBJECT:
WILLIAM HT3STCN, CITY MAN~ER
BCi~ L~DENDE(/(ER, DIRECTCR OF PUBLIC WOI~S/CITY 5~IGINEER
"C" STREET VACATICN AND ~
RECQ~4ENDATI CN:
Upon c~mpletion of the public hearing and if the City Council desires to vacate
and abandon a portion of "C" Street between Main Street and Sixth Street, it is
rec~,u,ended that the attached resolution be passed and adooted by the City Council
subject to the execution of the Construction and Maintenance Agreement by both the
City and the developer.
BACKGRO3ND:
At their meeting of January 4, 1982, the City Council adopted Resolution No. 82-4
(copy attached) declaring_ its intention to vacate and abandon a portion of "C"
Street between Main Street and Sixth Street and fixed a time and place for the
public hearing thereof.
The public hearing has been set for February~ 1, 1982 at 7:30 PM. After this
public hearing has been c~,[~leted and the cohncil so desires to vacate and abandon
this portion of "C" Street, the attached resolution will require adoption by the
City Council.
This resolution provides for permanent easements per Section 8330 of the Street
and Highways Code for all of the existing public utilities within the portion of
"C" street to be vacated and abandoned.
In conjunction with this vacation and abandonment proceeding, an agreement must be
executed by both the City and Gfeller Development Co. regarding the construction
and maintenance of the parking structure and the "C" Street plaza project. At
this time, it is not known whether this agreement will be completed by the legal
counsel of each party prior to Februaz7 1, 1982. In the event the agreement is
not ready for execution at the tim~ of the hearing, it is suggested that the
hearing be opened as scheduled, testimony taken and that it be continued until the
next City Council meeting on February 15, 1982.
In addition to the vacation and abandonment procccdings, and the execution of the
Construction and Maintenance Agreement, it will be necessary for the City Council
to accept various easements for street purposes, vehicle access, pedestrian access
and water main installation to be granted by the Gfeller Development Co. These
"C" STREET VACATI(/~ AND ABANDflq~ENT
JANUAR~ 21, 1982
PAGE TWO
easement items will be presented as a separate agenda item for the City Council's
action.
BC8
DIRECTCR CF PUBLIC k~D~KS/
CITY ENGINEER
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Attachment
cc: James Rourke
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RESOLUTION NO. 82-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, C~LIFORNIA, VACATING A PORTION OF
"C" STREET.
WHEREAS, the City Council of the City of Tustin, California,
on January 4, 1982, passed and adopted Resolution No. 2014, a
Resolution of the City Council Declaring its Intention to
Vacate a Portion of "C# Street as mcr particularly described
therein; and
WHEREAS, pursuant to the provisions of said Resolution a
public hearing was set, the Resolution was duly published and
notices of hearing were duly posted alohg the portion of the
street to be vacated, all as required by law; and
WHEREAS, on the 1st day of February , 1982, at 7:30
p.m., a public hearing has been duly held and all persons
interested in the proposed vacation have been heard by the
City Council.
NOW, THEREFORE, the City Council of the City of Tustin,
California, does hereby resolve as follows:
Section 1. That the City Council of the City of Tustin,
California, finds from all of the evidence submitted that the
portion of "C" Street located between Main Street and Sixth
Street in the City of Tustin, California, more particularly
described on Exhibit "A" attached hereto and incorporated
herein by this reference, and shown on the plat attached
hereto and marked Exhibit "B", is unnecessary for present or
prospective use, except as reserved as hereinafter provided.
Section 2. That the vacation of said portion of "C"
Street has been determined to be a project which will not have
a significant effect upon the environment and Notice of
Preparation of Negative Declaration has been properly published
and that after consideration of the Negative Declaration,
a copy of which is attached hereto, together with comments
receive during public review, the Negative Declaration is
approved.
Section 3. That the above-described portion of "C"
Street be and the same hereby is, vacated to the extent that
its character and use are changed from a regular public street
to a pedestrian and vehicular traffic mall and plaza.
Said vacation is subject to the reservation and exemption
from this vacation of permanent easements, rights and rights
of way for pedestrian and vehicular traffic and other public
uses within limitations and upon conditons prescribed from
time to time by the City Council of the City of Tustin, and
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reservation of a permanent easement or easements and right
at any time and from time to time to construct, maintain,
operate, replace, remove and renew aboveground and under-
ground facilities and appurtenant structures under franchise
to and/or owned by Orange County Sanitation District No. 7,
Southern California Gas Company, Tustin Water Works, Pacific
Telephone and Telegraph Company, Southern California EdiSon
Company, the City of Tustin and the Tustin Community Redevel-
opment Agency and all other public agencies and public utilities
in, on, over, through and across said street and all portions
thereof and the rights to construct, maintain, operate,
replace, remove and 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 lines, railroad lines and for the transportation
or distribution of electric energy, petroleum and its products,
ammonia, water and incidental purposes, including access to
keep the property free from inflammable materials and otherwise
protect the same from all hazards in, upon and over said
street or part thereof; there are further reserved and exempted
from this vacation a permanent easement of all rights to the
public, to the City of Tustin and to the Tustin Community
Redevelopment Agency for use, access, ingress, egress, and
to cross over as set forth in that certain agreement by and
among the City of Tustin, the Tustin Community Redevelopment
Agency, ~ens Square and Stevens Square Associaton, a copy
of which~C~ttached hereto marked Exhibit "C" and incorporated
herein by this reference as though set forth in full hereat.
Section 4. The City Clerk is hereby ordered to have
recorded in the office of the Recorder of the County of
Orange, a certified copy of this Resolution. The City Clerk
is further ordered to file a Notice of Determination con-
sistent with this resolution with the Clerk of the County of
Orange.
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Tustin, California, held on the 1st
day of February , 1982.
ATTEST:
MAYOR
CITY CLERK
RLL:lw:D:l/13/82
JGR:se:R:l/21/82 (B)
"C" STREET VACATION
Ail that portion of "C" Street lying between Blocks 16 an 17 as
shown on the Map of a Part of Tustin City filed in book 4, pages
218 and 219 of Miscellaneous records of Los Angeles County
California and that portion of "C" Street as dedicated for public
use on a map of Tract 10979, filed in Book 495, pages 32 and 33,
of Miscellaneous Maps, records of Orange County, California,
described as follows:
Beginning at a point in the West right-of-way line of said "C"
Street that is distant thereon S. 0" 10' 37" E. 88.40 feet from
the Southerly terminus of that certain 22.00 foot radius curve in
the boundary of said Tract No. 10979; thence continuing S. 0" 10'
37" E. 79.86 feet along said West line to a point on a
non-tangent 20.00..foot radius curve that is concave Northerly, a
radial to said point bears S. 20" 39' 51" E.; thence Westerly
7.15 feet along said curve through a central angle of 20° 29'
14"; thence non-tangent S. 0" 10' 37" E. 28.00 feet to a point on
a non-tangent 20.00 foot radius curve that is concave Southerly,
a radial to said point bears N. 0" 10' 37" W.; thence Easterly
7.15 feet along said curve through a central angle of 20" 29'
14"; to said West right-of-way line; thence non-tangent S. 0" 10'
37" E. 81.57 feet along said line; thence N. 89" 49' 23" E. 40.50
feet to the beginning of a 34.00 foot radius curve that is
concave Southwesterly; thence Southeasterly 28.83 feet along said
curve through a central angle of 48" 35' 25" to ~ point of cusp
with the East right-of-way line of said "C" Street; thence N. 0"
10' 37" W. 213.57 feet along said line; thence S. 89" 49' 23" W.
0.54 feet to a point on a non-tangent 35.00 foot radius curve
that is concave Northerly;. a radial to said point bears S. 80"
03' 25" E.; thence Southwesterly and Northwesterly 86.88 feet
along said curve through a central angle of 142° 13' 10" to the
point of beginning.
EXHIBIT "A"
SUBJECT HOWEVER to the reservation and exemption.of
permanent easements, rights and rights of way for pedestrian
and vehicular traffic and other public uses within limitations
and upon conditons prescribed from time to time by the City
Council of the City of Tustin, and reservation of a permanent
easement or easements and right at any time and from time to
time to construct, maintain, operate, replace, remove and
renew aboveground and underground facilities and appurtenant
structures under franchise to and/or owned by Orange County
Sanitation District No. 7, Southern California Gas Company,
Tustin Water Works, Pacific Telephone and Telegraph Company,
Southern California Edison Company, the City of Tustin and
the Tustin Community Redevelopment Agency and all other
public agencies and public utilities in, on, over, through
and across said street and all portions thereof and the
rights to construct, maintain, operate, replace, remove and
renew and enlarge lines of pipe, conduits, cables, wires,
poles and other convenient structures, equipment and fixtures
for th~ operation of gas pipelines, telegraphic and telephone
lines, railroad lines and for the transportation or distribution
of electric energy, petroleum and its products, ammonia,
water and incidental purposes, including access to keep the
property free from inflammable materials and otherwise protect
the same from all hazards in, upon and over said street or
part thereof; there are further reserved and exempted from
this vacation a permanent easement of all rights to the
public, to the City of Tustin and to the Tustin Community
EXHIBIT "A"
Redevelopment Agency for use, access, ingress, egress, and
to cross over as set forth in that certain agreement by and
among the Cit~ of Tustin, the Tustin Community Redevelopment
Agency, Stevens Square and Stevens Square Associaton, a copy
of which is attached hereto marked Exhibit "C" and incorporated
herein.by this reference as though set forth in full hereat.
EXHIBIT "A"
YAH DELL AND ^SSOC[ATES.
EXHIBIT B
AGREEMENT FQR USE OF STEVENS SQUARE PLAZA
EXHIBIT C
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RESOLUTION NO. 82-4
A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, DECLARING ITJ I~iTE~TION TO
VACATE A PORTION OF "C" STREET AND FIXI. NG A TIME
AND 'PLACE FOR PUBLIC HEARING THEREON.
The City Council of the City of Tustin, California, does
hereby resolve:as follows:
Section 1. It is the intention of the City Council.to
vacate that certain portion of "C" S~reet located between Main
Street and Sixth Street in the City of Tastin, California., more
particularly shown and described on Exhibit "A" attachgd hereto
and incorporated herein by this reference, and on file.%n the
the office of the City Clerk.
Section 2. An Initial Study has been conducted with
respect to this project and it is determined upon the basis of
that Initial Study that the project will not have a significant
effect on the environment.
Section 3. This vacation proceeding is conducted under
the provisions of Division 9, Part 3, Chapter 3 of the Streets
and Highways Code commencing at Section 8320 thereof.
Section 4. A public hearing is hereby set at the Chambers
of the City Council, located at Centennial and Main Street,
Tustin, California, on February 1, 1982, at ~ p.m., for
hearing by all persons interested in the proposed vacation.
Section 5. This resolution and a Notice of Preparation
of ~egative Declaration shall be published once in the Tustin
News, a newspaper of general circulation published in the ~-i-~y
o--~ustin, not less than 15 days before said hearing. Not fewer
than three notices of, vacation of said portion of "C" Street
shall be posted along the line of said street, not more than
300 feet apart, not fewer than two weeks before said hearing.
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Tustin, California, held on the 4th day of
January , 19 82.
MAYOR ~
ATTEST:
RLL:sl:D:9/ll/81 (O-1)
RLL: sl: R: 9/24/81
"C" STREET VACATION
Ail that portion of "C" Street lying between Blocks 16 an 13 as
shown on the Map of a Part of Tustin City filed in book 4, pages
218 and 219 of Miscellaneous records of Los Angeles County
California and that portion of "C" Street as dedicated for public
use on a map of Tract 10979, filed in Book 495, pages 32 and 33,
of Miscellaneous Maps, records of Orange County, California,
described as follows:
Beginning at a point in the West right-of-way line of said "C"
Street that is distant thereon S. 0° 10' 37" E. 88.40 feet from
the Southerly terminus of that certain 22.00 foot radius curve in
the boundary of said Tract No. 10979; thence continuing S. 0° 10'
37" E. 79.86 feet along said West line to a point on a
non-tangent 20.00 foot radius curve that is concave Northerly, a
radial to said point bears S. 20° 39' 51" E.; thence Westerly
7.15 feet along said curve through a central angle of 20° 29'
14"$ thence non-tangent S. 0° 10' 37" E. 28.00 feet to a point on
a non-tangent 20.00 foot radius curve that is concave Southerly,
a radial to said point bears N. 0° 10' 37" W.; thence Easterly
7.15 feet along said curve through a central angle of 20~ 29'
14"; to said West right-of-way line; thence non-tangent S. 0° 10'
37" E. 81.57 feet along said line; thence N. 89° 49' 23" E. 40.50
feet to 'the beginning of a 34.00 foot radius curve that is
concave Southwesterly; thence Southeasterly 28.83 feet along said
curve through a central angle of 48~ 35' 25" to a point of cusp
with the East right-of-way line of said "C" Street; thence N. 0~
10' 37" W. 213.57 feet along said line; thence S. 89° 49' 23" W.
0.54 feet to a point on a non-tangent 35.00 foot radius curve
'-that is concave Northerly; a radial to said point bears S. 80°
03' 25" E.; thence Southwesterly and Northwesterly 86.88 feet
along said curve through a central angle of 142" 13' 10" to the
point of beginning.
Reserve and exempt from this abandonment an easement or easements
and right to maintain, operate, replace, ~emove and renew all now
existing aboveground and underground facilities under franchise
to Orange County Sanitation District No. 7, Southern California
Gas Company, Tustin Water Works, Pacific Telephone and Telegraph
Company, Southern California Edison Company and the City of
Tustin in, on, over through and across said street and all
portions thereof, and pursuant to any existing franchise or
renewal thereof to maintain, operate, replace, remove, renew and
enlarge all now existing facilities and other convenient
structure, equipment and fixtures for the operation of the said
utilities.
MA/A/ ~7'BE~T
VAN DELL AND ASSOCIATES,
SURVETOR~ LANO
"C" STREET
VACATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
MARY E, WYNN, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, does hereby certify that the whole n,~mher of the members of
the City Council of the City of T~stin is five~ that the above and foregoing
Resolution No. 82-4 was duly and reg%llarly introduced, passed and adopted at a
regular meeting of the City Council held on the 4 .t~.. day of January, 1982 by the
following vote:
AYES :
NOES :
ABSENT:
COUNCTT,PERSONS: Sharp, Edgar, Saltarelli
COUNCILPEP~ONS: Kennedy
COUNCILPERSONS: Hoesterey
MARY E. WYNN, City Clerk
City of Tustin, California
PUBLISH TUSTIN NEWS:
January 14, 1982