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HomeMy WebLinkAboutSR - RES-10894 - VACATION EASEMENT THE CITY DRIVE GARDEN GROVE FREEWAY 22 PARK CENTRAL AVENUEAGENDA ITEM 9 ti�. a November 10, 2015 TO: Honorable Mayor and Members of the City Council THRU: Rick Otto, City Manager FROM: Joe DeFrancesco, P AQ ublic Works Di ector ReviewedNerilied City Manager Finance Directo To Be Presented By: Joe DeFrancesco X Cons Calendar City Mgr Rpts Council Reports _ _ Legal Affairs Boards /Cmtes Public Hrgs Admin Reports _ Plan/Environ 1. SUBJECT Resolution No. 10894 — A Resolution of the City Council of the City of Orange summarily vacating any easement for slope purposes adjacent to the westerly boundary of The City Drive, between the Garden Grove Freeway (22) and Park Central Avenue. 2. SUMMARY Summarily vacate any easement for slope purposes adjacent to the westerly boundary of The City Drive (formerly known as Manchester Avenue), between the Garden Grove Freeway and Park Central Avenue. Currently, there is no slope in the easement area as a result of the expansion of the Garden Grove Freeway (22) and the relocation of on and off ramps for the freeway. There is no need for a City slope easement and no need is anticipated in the future. This resolution will eliminate any slope easement in favor of the City from the property owner's title report. 3. RECOMMENDED ACTION Adopt Resolution No. 10894. 4. FISCAL IMPACT None. 5. STRATEGIC PLAN GOAL(S) 2d. Be a fiscally healthy community — Effectively manage and develop City assets. ITEM �Lg 1 11/10/15 C Printed on Recycled Paper 6. GENERAL PLAN IMPLEMENTATION Land Use Element Goal 1.0: Meet the present and future needs of all residential and business sectors with a diverse and balances mix of land uses. Policy 1.4: Ensure that new development reflects existing design standards, qualities, and features that are in context with nearby development. 7. DISCUSSION and BACKGROUND As part of the original development of the Garden Grove Freeway (22), Caltrans purchased property in fee and also obtained an easement for slope purposes on the westerly side of Manchester Avenue (now The City Drive) in 1963 (recorded document 12005, book 6434, pages 802 -808). Upon completion of the freeway, Caltrans relinquished excess property to the City on Caltrans Relinquishment No. 350 (recorded March 28, 1966, book 7882, pages 121 -123) that included the easement for slope purposes. Subsequently, Caltrans has recently expanded the freeway and relocated the on and off ramps. The easement for slope purposes for the on and off ramp is no longer needed and the area has been graded level. A developer has proposed to build a senior living complex (Oakmont Senior Living) at the northwest corner of The City Drive and Park Central Avenue. A portion of the site is encumbered with the unnecessary easement for slope purposes. The developer desires to have the easement removed from the title report and has paid the $1,000 fee to the City to have the easement vacated. Streets and Highways Code Section 8333 states "The legislative body of a local agency may summarily vacate a public service easement [in the case] ... (a) The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation... " Therefore, the easement for slope purposes adjacent to The City Drive may be summarily vacated by Resolution No. 10894. 8. ATTACHMENTS • Resolution 10894 JD;mw;ly NAPublic Works \ADMIN \LYoung \Council Items \COUNCIL \Nov - 2015 \11- 10- 15\Agenda - Reso 10894- Vacation of Slope Easement- The City Drive.doc ITEM 2 11/10/15 .s �MPrinted on Recycled Paper RESOLUTION NO. 10894 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE SUMMARILY VACATING THE PUBLIC SERVICE EASEMENT (SLOPE EASEMENT) ALONG WESTERLY SIDE OF THE CITY DRIVE BETWEEN THE 22 FREEWAY AND PARK CENTRAL AVENUE WHICH IS NO LONGER NEEDED BY THE CITY. WHEREAS, pursuant to Streets and Highways Code Section 8333, the City may summarily vacate a public service easement (slope easement) if the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation. WHEREAS, the City Council of the City of Orange now hereby finds and determines that that the public service easement (slope easement) is no longer required for City purposes and has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation, as described in a legal description as Exhibit A and shown on the map attached hereto as Exhibit B ; and WHEREAS, the City Council finds and determines, based upon the existing uses of the subject real property, that the proposed vacation of the public service easement (slope easement) will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not, therefore, subject to the California Environmental Quality Act ( "CEQA ") pursuant to Section 15060 of the State CEQA Guidelines. NOW THEREFORE, the City Council resolves, on the basis of the facts set forth in the agenda report presented to it and any testimony received at the meeting at which this matter was considered, as follows: Section 1. The foregoing recitals are true and correct. Section 2. Pursuant to Division 9, Part 3, Chapter 4 of the Streets and Highways Code (commencing at Section 8330), the public service easement (slope easement) along the westerly side of the City Drive is no longer required for City purposes and has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation as described in Exhibit A , and shown on the map attached as Exhibit B hereto, is hereby vacated effective upon recordation of this Resolution in the Official Records of the County of Orange, State of California (the "Official Records "). Section 3. The City Clerk is hereby authorized and directed to cause a certified copy of this Resolution, attested by the City Clerk under seal, to be recorded without acknowledgement, certificate of acknowledgement, or further proof in the Official Records.