HomeMy WebLinkAbout07 VACATE SDWLK ESMT 10-02-06
AGENDA REPORT
Agenda Item
Reviewed:
City Manager
Finance Director
N/A
MEETING DATE:
OCTOBER 2, 2006
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: PUBLIC WORKS DEPARTMENT/ ENGINEERING DIVISION
SUBJECT: SUMMARY VACATION OF A SIDEWALK EASEMENT ADJACENT TO 14381
FRANKLIN AVENUE (BRIGGS ELECTRIC)
SUMMARY
Construction of the Briggs Electric site at 14381 Franklin Avenue required removal of an existing
driveway and sidewalk, and construction of a new driveway and sidewalk. The new driveway and
sidewalk have now been constructed and a new sidewalk easement has been recorded. The old
driveway and sidewalk have been removed and there is no need for the adjacent sidewalk easement
associated with it.
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 06-78, to summarily vacate a sidewalk
easement over a portion of Lot 37 of Tract Map No. 8590, as described in the attached legal
description and plat.
FISCAL IMPACT
None
BACKGROUND
In 1997, an easement for sidewalk purposes was dedicated, per instrument no. 1997-0118157,
adjacent to a driveway on Franklin Avenue over a portion of Lot 37 of Tract Map No. 8590. The
approval of Design Review 05-002 for the construction of a new 20,725 square foot industrial
building at the site requires the relocation of the existing driveway and adjacent sidewalk.
Per the Conditions of Approval, the applicant must provide a new sidewalk easement adjacent to the
new driveway and abandon the existing sidewalk easement. The new easement has been approved
and recorded. The vacation documentation has been reviewed and approved by the City Attorney
for City Council consideration. The existing easement may now be vacated.
Tim D. Serlet
Director of Public Works/City Engineer
Dana R. Kasdan
Engineering Services Manager
TDS: Vacation of a portion of Franklin Avenue & Res06-78.doc
Attachment: Resolution No. 06-78
Legal description & plat
Location Map
RESOLUTION NO. 06-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, TO SUMMARILY VACATE A SIDEWALK EASEMENT OVER A
PORTION OF LOT 37 OF TRACT MAP NO. 8590
WHEREAS, in 1997 an easement for sidewalk purposes was dedicated, per Instrument
No 1997-0118157, adjacent to a driveway on Franklin Avenue over a portion of Lot 37 of Tract
Map No. 8590; and
WHEREAS, the applicant must relocate the existing driveway and adjacent sidewalk to
accommodate a new industrial building; and
WHEREAS, the new driveway and sidewalk have been constructed and a new sidewalk
easement has been recorded;
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 Chapter 3, Part 3, Division 9 (Section
8320, et. seq.) of the California Streets and Highways Code; and
2. Summarily vacate a sidewalk easement over a portion of Lot 37 of Tract Map No.
8590 as described in Exhibit "A" and shown on Exhibit "B," attached hereto and
incorporated herein by this reference, and as filed in the office of the City Clerk;
and
3. Make a finding that this portion of Lot 37 of Tract Map No. 8590 is unnecessary
for present or future public street purposes or as a non-motorized transportation
facility; and
4. Make a finding that the need for the existing sidewalk easement has been
superseded by relocation of the driveway and adjacent sidewalk, and there are no
other public facilities located within the easement; and
5. Make a finding that the project is categorically exempt from the requirements of
the California Environmental Quality Act (CEQA), Class 1, Section 15301:
Existing Facilities.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
held on the 2nd day of October 2006.
Doug Davert, Mayor
ATTEST:
City Clerk
EXHIBIT "A"
A VACATION OF A SIDEWALK EASEMENT PER INSTRUMENT NUMBER
1997-0118157 RECORDED MARCH 14, 1997 IN THE OFFICE OF THE
COUNTY RECORDER, OF ORANGE COUNTY, CALIFORNIA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF LOT 37 OF TRACT NO.
8590, IN THE CITY OF TUSTIN, COUNTY ORANGE, STATE OF CALIFORNIA,
AS PER MAP RECORDED IN BOOK 346, PAGES 19 THROUGH 24, OF
MISCELLANEOUS MAPS IN THE OFFICE OF SAID COUNTY RECORDER
RECORDED IN SAID COUNTY, SAID CORNER BEING ON THE WESTERLY
RIGHT OF WAY OF FRANKLIN AVE. 30.00 FEET MEASURED AT RIGHT
ANGLES FROM THE CENTER LINE OF SAID STREET, SAID CORNER ALSO
BEING ON A 1970 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, TO
WHICH A RADIAL LINE BEARS SOUTH 540 31' 11" EAST;
THENCE SOUTHWESTERLY ALONG SAID CURVE AND RIGHT OF WAY
89.34 FEET THROUGH A CENTRAL ANGLE OF 20 35' 54" TO A POINT TO
WHICH A RADIAL LINE BEARS SOUTH 510 55'17" EAST, SAID POINT BEING
THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTHWESTERLY ALONG SAID CURVE AND RIGHT
OF WAY 41.84 FEET THROUGH A CENTRAL ANGLE OF 1013'01" TO A
POINT TO WHICH A RADIAL LINE BEARS SOUTH 50042'16" EAST;
THENCE NORTH 50042'16" WEST ALONG SAID RADIAL LINE, 4.00 FEET TO
A POINT ON A NON-TANGENT 1966 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY TO WHICH A RADIAL LINE BEARS SOUTH 50042'16"
EAST;
THENCE NORTHEASTERLY ALONG SAID CURVE 41.76 FEET THROUGH A
CENTRAL ANGLE OF 10 13' 01" TO A POINT TO WHICH A RADIAL LINE
BEARS SOUTH 51055'17" EAST;
THENCE SOUTH 510 55'17" EAST ALONG SAID RADIAL LINE, 4.00 FEET TO
THE TRUE POINT OF BEGINNING.
THIS EASEMENT CONTAINS 167 S.F. (0.004 ACRES) MORE OR LESS
EXHISIT .S.
L:r'7 J'O,"
R=1970'
L=41.84'
T=20.92'
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LAND
DEVELOPMENT
DES/GN
CORPORA nON
DA TE: SCALE: SHEET:
2/9/06 1"=20' 1 OF 1
2313 E. Philadelphia St., Ste. F
ONTARIO, CA 91761
(909) 930-1466
FAX (909) 930-1468
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4092 VACA nON
SCALE: 1 "-20'
ON MAP
LOCATI __________