The URL can be used to link to this page

Home My WebLink About05 VACATE PREBLE DR 09-05-06AGENDA REPORT MEETING DATE: SEPTEMBER 5, 2006 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: ADOPTION OF RESOLUTION NO. 06-102 ORDERING THE VACATION AND ABANDONMENT OF A PORTION OF PREBLE DRIVE BETWEEN EAST MAIN STREET AND EAST THIRD STREET SUMMARY Resolution No. 06-102 will order the vacation and abandonment of a portion of Preble Drive between East Main Street and East Third Street. This portion of Preble Drive is necessary to construct the Tustin Library Project. Resolution No. 06-73 was adopted by the City Council on August 7, 2006 declaring the City's intention to vacate and abandon this segment of Preble Drive. RECOMMENDATION It is recommended that the City Council adopt Resolution No. 06-102 ordering the vacation and abandonment of a portion of Preble Drive between East Main Street and East Third Street. FISCAL IMPACT None BACKGROUND The City of Tustin has identified the Tustin Library Project as a top priority and is proposing the vacation of Preble Drive between East Main Street and East Third Street for the purpose of assembling a site for the new library project located at 345 East Main Street. The proposed library design necessitates the vacation of Preble Drive and the possible relocation of existing utilities. New utility easements will be shown on the construction drawings and the City Engineer shall ensure compliance with all applicable City Codes. Preble Drive is a low volume local street and is not on the City's Arterial Highway Plan. The street is not necessary for present or prospective public street purposes or as a non- motorized transportation facility. Although the segment of Preble Drive proposed to be vacated does provide access to Second Street and the segment of Preble Drive between Third Street and Second Street, there are two other access routes to this area. The subject street segment is approximately 16,600 square feet in area. The vacated street segment will be combined with parcels recently acquired on both sides of Preble Drive to form the area for the Tustin Branch Library Project. Resolution Ordering the Vacation and Abandonment of a Portion of Preble Drive between East Main Street and East Third Street September 5, 2006 Page 2 On July 10, 2006 the City of Tustin Planning Commission adopted Resolution No. 4027 determining that the location, purpose, and extent of the vacation of Preble Drive between East Main Street and East Third Street is in conformance with the Tustin General Plan. The proposed vacation is exempt from the California Environmental Quality Act (CEQA) requirements (Section 65402(1) of the California Government Code). At their meeting of August 7, 2006, the City Council adopted Resolution No. 06-73 declaring its intention to vacate and abandon a portion of Preble Drive between East Main Street and East First Street. The public hearing has been duly posted and noticed. The attached resolution provides for permanent easements per Section 8330 of the Streets and Highways Code for all existing pubic utilities within the portion of Preble Drive to be vacated and abandoned. After the public hearing has been completed, and if the City Council so desires to vacate and abandon the section of Preble Drive between East Main Street and East First Street, the attached resolution will require adoption. Once the adopted resolution is recorded at the Orange County Recorder's office, the proceedings of this vacation and abandonment are complete. Tim D. Serlet Director of Public Works/City Engineer Dana R. Kasdan Engineering Services Manager Attachments: Resolution No. 06-102 TDS. DRK. ccg: Ordering vacation & abandonment of Preble & Reso. Q6-102.doc RESOLUTION NO. 06-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ORDERING THE VACATION AND ASANDONMENT OF A PORTION OF PRESLE DRIVE SETWEEN EAST MAIN STREET AND EAST THIRD STREET 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. 06-73 declaring its intention to vacate and abandon a portion of Preble Drive between East Main Street and East Third Street as described in Exhibit "A" and shown on Exhibit "S" attached hereto and incorporated herein by this reference, and fixing a time and place of pubic hearing thereon. 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 and abandonment appearing at said hearing were heard. e. Said portions of said street are not necessary for present or prospective public street purposes, except for public utilities. f. The project is categorically exempt from California Environmental Quality Act (CEQA) requirements of Section 65402 (1) of the California Government Code. g. The Planning Commission, at its July 10, 2006 meeting, adopted Resolution No. 4024 determining that the location, purpose, and extent of the vacation of Preble Drive between East Main Street and East Third Street is in conformance with the Tustin General Plan. 2. The City Council hereby orders the vacation and abandonment of a portion of Preble Drive between East Main Street and East Third Street described in Exhibit "A" and shown on Exhibit "S" attached hereto, subject to and reservation of easements per Section 8330 of the Streets and Highway code. 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. Resolution 06-102 Page 2 PASSED AND ADOPTED at a regular meeting of the City Council held on the 5th day of September 2006. Doug Davert, Mayor ATTEST: City Clerk EXHIBIT "A" Portion of Preble Drive to be Vacated That portion of Preble Drive, in the City of Tustin, County of Orange, State of California. as dedicated on the map of Tract No. 2187 recorded in Book 105. Pages 37 and 38 of Miscellaneous Maps, in the Office of the County Recorder of said County. bounded as follows: Southerly by Northerly line of Main Street, 80 feet wide; Northerly by the Southeriy line of Third Street, 60 feet Wide As shown all Exhibit "B" attached herero and by this reference made a part . hereof Prepared under my supervision: David O. Knell PLS 5301 Date June 20, 2OD6 ClwpdocslTusllnlpreble.doc EXHIBIT II B II THAcT NO. 2187 l\!!D ~ = i1!E: i9) o '" Ii' IX! D ~ IQ) ~'ii'~~[g'ii' o '" ,~ "" LOT b ~. . 'v. LOT J7 , 54' LOT ::; LOT la LOT 4 '" '" LOT 19 '" '" ....,.' VI reM;: r;&. I!!J!J I.OT 3 g I_OT 20 ~. '" 54' ,~ M.M. ., ~. <7. , f\ M J05/37-38 o '" ~t.\\,DiNI ~1I'IHl[g[gir , o '" I I INDICATES AREA , OF" VACATION , . ... .. ... . i WilJd.n WIlLDAN SCAlE ,-,. 80' /DAlE JIJt 11. 1000 SKETCH TO ACCOMPANY 1\W ENijJNtE~S 0 ~l~HNlij~ DRAIN 8" D. BF'TER8J.CH VACllIOH.DGN 131il cPt!S$1I01.OS P,ulIt"U GT"'. WIT( -to! LEGAL DESCRIPTION I-mU~:~V: CA'_,,~~:."~J.'J7 )f(CKfD BY D.lHEll ruSfJH/PnEaLE (~. I 9'>>-& CO