HomeMy WebLinkAbout04 ADOPT RES. 17-20 ORDERING SUMMARY VACATION OF "OLD" DEL AMO AVE• Agenda Item
AGENDA REPORT Reviewed:
City Manager
Finance Director �j / A
MEETING DATE: JUNE 6, 2017
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJECT: ADOPT RESOLUTION NO. 17-20 ORDERING THE SUMMARY VACATION OF
"OLD" DEL AMO AVENUE BETWEEN "NEW" NEWPORT AVENUE AND "NEW"
DEL AMO AVENUE
SUMMARY
The Newport Avenue/SR-55 Ramp Reconfiguration Project (CIP No. 70130) realigned Del Amo
Avenue, constructed Newport Avenue between Edinger Avenue and Valencia Avenue, and
relocated the northbound on/off ramp to SR -55. "Old" Del Amo Avenue is no longer needed as a
street and can be vacated.
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 17-20 ordering the summary
vacation of "Old" Del Amo Avenue between "New" Newport Avenue and "New" Del Amo Avenue.
FISCAL IMPACT
There is no fiscal impact to the City with this action.
CORRELATION TO THE STRATEGIC PLAN
The vacation of "Old" Del Amo Avenue contributes to the fulfillment of the City's Strategic Plan
Goal A: Economic and Neighborhood Development by supporting the implementation of Strategy
4, which is to develop a disposition and entitlement strategy for City -owned property in Pacific
Center East. Specifically, the vacation proceedings will make the respective portions of the
property available for consolidation into the adjacent City -owned parcel to the northwest and
SchoolsFirst Federal Credit Union—owned parcel to the southeast and allow for private
development.
DISCUSSION
Del Amo Avenue was realigned with the construction of the Newport Avenue/SR-55 Ramp
Reconfiguration Project (CIP No. 7130) such that a portion of Del Amo Avenue ("Old" Del Amo
Avenue) is no longer needed as a street. The California Streets and Highways Code, Division 9,
Part 3, Chapter 4 allows the legislative body of a local agency to summarily vacate a street that
has been superseded by relocation. It is proposed that this section of Del Amo Avenue be
summarily vacated.
Section 65402(a) of the California Government Code (Planning and Zoning Law) requires a
general plan conformity determination from the Planning Commission prior to vacation of a street
by the City. On July 27, 2010, the Planning Commission adopted Resolution No. 4150 determining
that the location, purpose, extent of the vacation of "Old" Del Amo Avenue between "New" Newport
Avenue and "New" Del Amo Avenue is in conformance with the City of Tustin General Plan.
Summary Vacation of "Old" Del Amo Avenue
June 6, 2017
Page 2
On October 6, 2003, the City Council adopted Resolution No. 03-116 finding that effects of the
proposed vacation of "Old" Del Amo Avenue were considered in the Final Environmental
Determination for the Newport Avenue/SR-55 Ramp Reconfiguration Project (CIP No. 7130) and
that no additional environmental review is required.
The Summary Vacation documentation has been reviewed and approved by the City Attorney for
City Council consideration. If the City Council so desires to vacate "Old" Del Amo Avenue, the
attached Resolution No. 17-20 will require adoption by the City Council and recordation at the
Orange County Recorder's Office.
bouVSrf
.Stack, P.E.
irc Public Works/City Engineer
Attachment(s): 1. Location Map
2. Resolution No. 17-20
SACily Coundl Items12017 Council IlounA6-06-201AVawlion of Old Del AmolSummary Vacafion of Old Del Amo.docx
ATTACHMENT 1
LOCATION MAP
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ATTACHMENT 2
RESOLUTION NO. 17-20
RESOLUTION NO. 17-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, TO SUMMARILY VACATE AND ABANDON "OLD" DEL AMO
AVENUE BETWEEN "NEW" NEWPORT AVENUE AND "NEW" DEL AMO
AVENUE
WHEREAS, the City Council of the City of Tustin has been requested to vacate "Old" Del
Amo Avenue between "New" Newport Avenue and "New" Del Amo Avenue; and
WHEREAS, the City Council of the City of Tustin is responsible for maintaining a
transportation and circulation system for the City of Tustin; and
WHEREAS, "Old" Del Amo Avenue between "New" Newport Avenue and "New" Del
Amo Avenue, as described in the attached Exhibit "A" and shown on the attached Exhibit "B", is
not an essential nor integral part of said transportation and circulation system; and
WHEREAS, the Planning Commission, at its July 27, 2010 meeting determined that the
vacation of "Old" Del Amo Avenue between "New" Newport Avenue and "New" Del Amo Avenue
is in conformance with the Tustin General Plan; and
WHEREAS, Division 9, Part 3, Chapter 4, Article 1 of the California Streets and
Highways Code permits the summary vacation of a street under certain circumstances; and
WHEREAS, Section 8330 of said Code specifically authorizes the legislative body of a
local agency to summarily vacate a street that has been superseded by relocation; and
WHEREAS, on October 6, 2003, the City Council of the City of Tustin adopted
Resolution No. 03-116, making a finding that effects of the proposed vacation of "Old" Del Amo
Avenue were considered in Final Environmental Impact Report 90-1 as revised by Final
Supplement #1 and that no additional environmental review is required.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Tustin,
California does hereby:
1. Elect to proceed under the provisions of Division 9, Part 3, Chapter 4, (Section 8330,
et seq.) of the California Streets and Highways Code.
2. Make a finding that "Old" Del Amo Avenue between "New" Newport Avenue and
"New" Del Amo Avenue has been superseded by relocation and is unnecessary for
present or prospective public street purposes or as a non -motorized transportation
facility.
3. Order the summary vacation of "Old" Del Amo Avenue between "New" Newport
Avenue and "New" Del Amo 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.
4. Reserve and except from the vacation a Southern California Edison easement for
electrical purposes 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, pursuant to Section 8340 of the California Streets and Highways Code.
724378.1
5. Direct the City Clerk 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 of the City of Tustin
held on the 6th day of June 2017.
Dr. Allan Bernstein, Mayor
ATTEST:
ERICA N. RABE,
City Clerk
APPROVED AS TO FORM:
David E. Kendig, City Attorney
724378.1
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PSOMAS
EXHIBIT 'A'
LEGAL DESCRIPTION
PARTIAL STREET VACATION DEL AMO AVENUE
In the City of Tustin, County of Orange, State of California, being that portion of Parcel 1 of
the land described in the Street Deed and Sewer Grant recorded June 3, 1965 in Book 7542,
Page 974, Official Records of said County, described as follows:
Commencing at the northeasterly terminus of that course in said Parcel 1 having a bearing
and distance of "South 39°48'47" West 2121.06 feet" (South 40°38'36" West 2121.07 feet
for purposes of this description), said course being the southeasterly line of Del Amo
Avenue, 70.00 feet wide; thence southwesterly along said southeasterly line
South 40°38'36" West 861.79 feet to the True Point of Beginning; thence continuing along
said southeasterly line South 40°38'36" West 996.10 feet to the easterly line of Proposed
Newport Avenue, variable width, as shown on the map filed in Book 236, Pages 21 through
23, inclusive, of Records of Survey, in the Office of the County Recorder of said County, and
the beginning of a non -tangent curve concave westerly having a radius of 1512.30 feet, a
radial line to said beginning bears South 59°13'47" East, said curve lying 68.70 feet easterly
of and concentric with that portion of the curved reference line "NE" having a radius of
440.009 meters (1443.60 feet, ground), as shown on said Record of Survey; thence northerly
along said curve and easterly line of Newport Avenue 270.78 feet through a central angle of
109532" to the northwesterly line of said Del Amo Avenue as described in said Deed;
thence non -tangent along said northwesterly line North 40°38'36" East 591.23 feet to the
southerly line of Proposed Del Amo Avenue, variable width, as shown on said Record of
Survey, and the beginning of a non -tangent curve concave northerly having a radius of
620.72 feet, a radial line to said beginning bears South 16°17'57" East, said beginning
hereinafter referred to as Point "A"; thence easterly along said curve and said southerly line
58.85 feet through a central angle of 05125'57" to the beginning of non -tangent curve
concave northerly having a radius of 542.42 feet, said curve lying 47.00 feet southerly of and
concentric with that portion of the curved reference line "DA" having a radius of
MA2TUS011301�SURVEY\LEGALSIX-LO-DEL AMO-REVERSION,Rev_4,doc Page 1 of
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PSOMAs
151.003 meters (495.42 feet, ground), as shown on said Record of Survey, a radial line to
said beginning bears South 20°33'31" East; thence easterly along said curve 101.40 feet
through a central angle of 10142'39" to the True Point of Beginning.
Containing 1.238 acres.
Reserving from the above described parcel of land the following variable width easement for
electrical purposes as shown on Sheet 12 of the Southern California Edison Drawing No.
00-254 dated February 3, 2006 on file with said City of Tustin, Department of Public Works,
described as follows:
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Commencing at said hereinabove described Point "A" and the beginning of a non -tangent
curve concave northerly having a radius of 620.72 feet, a radial line to said point bears
South 16°17'57" East; thence easterly along said curve and said southerly line of Proposed
Del Amo Avenue 13.05 feet through a central angle of 01 '12'15" to a line lying 7.00 feet
southeasterly of and parallel with the northerly line of Parcel 1 of said Book 7542, Page 974
and the True Point of Beginning, a radial line to said beginning bears South 17'30'12" East;
thence non -tangent along said parallel line South 40°38'36" West 27.00 feet; thence South
49021'24" East 15.00 feet; thence North 40038'36" East 14.00 feet; thence
North 49°21'24" West 10.00 feet; thence North 40038'36" East 21.19 feet to said southerly
line of Proposed Del Amo Avenue and the beginning of a non -tangent curve concave
northerly having a radius of 620.72 feet, a radial line to said beginning bears
South 18°23'20" East; thence westerly along said curve and said southerly line 9.59 feet
through a central angle of 00°53'08" to the True Point of Beginning;
Containing 295 square feet.
See Exhibit 'B' attached hereto and made a part hereof.
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PSOMAS
This legal description is not intended for use in the division and/or conveyance of land in
violation of the Subdivision Map Act of the State of California.
Prepared under the direction of:
Kari J. Laun6h. PLS 5679
Date
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THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA BEING THAT PORTION OF
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PSOMAS
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DATE 8/11/10
JOB
NUMBER 2TUS011301
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, ERICA N. RABE, 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. 17-20 was duly and
regularly passed and adopted at a regular meeting of the City Council held on the 6th
day of June, 2017 by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
ERICA N. RABE,
City Clerk
724378.1