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SR - RES-10784 - SALE SURPLUS LAND WASHINGTON AVENUE HAMLIN STREETof UNTY AGENDA ITEM 13 TO: Honorable Mayor and Members of the City Council THRU: John W. Sibley City Manager FROM: Joe DeFrancescJ'ector Public Works D 1. SUBJECT ReviewedNerifie k nag Ma � nce Di ctor To Be Presented By: J DeFrancesco X Cons Calendar _ City Mgr Rpts Council Reports _ Legal Affairs Boards /Cmtes _ Noticed Hrgs Admin Reports Plan/Environ Resolution No. 10784 - A Resolution of the City Council of the City of Orange finding that a portion of the alley located on the south side of Washington Avenue, east of Hamlin Street is no longer needed by the public and is hereby declared exempt surplus land with a reservation of all public utility easements. 2. SUMMARY The subject property was acquired in fee by the City with a grant deed recorded August 30, 1972 as a portion of the access alley from the dead end of Washington Street to the Orange County Flood Control District channel. The subject property is only 1,613 square feet and is not needed as part of the access alley. 13. RECOMMENDED ACTION Adopt Resolution No. 10784. 14. FISCAL IMPACT I The City will benefit financially in the future by not having to maintain this property. 15. STRATEGIC PLAN GOAL(S) I id. Provide for a safe community — Assure the development of the City occurs in a fashion that maximizes public safety. 2d. Be a fiscally healthy community — Effectively manage and develop City assets. ITEM # OAS p 1 5/13/14 QtPrinted on Recycled Paper 6. GENERAL PLAN IMPLEMENTATION Infrastructure Element Goal 3.0 Ensure adequate maintenance of public rights -of -way to enhance public safety and improve circulation. Policy 3.1: Continue to maintain and repair sidewalks and pavement surfaces on public rights - of -way. 7. DISCUSSION and BACKGROUND The subject property was acquired in fee by the City with a grant deed recorded August 30, 1972 (Book 10302, Page 447) as a portion of the access alley from the dead end of Washington Street to the Orange County Flood Control District channel. The subject property is 1,613 square feet. The City Engineer has determined the subject property is excess land that is not needed for the access alley. With the removal of the subject property, the remaining width of the access alley is 30 feet which is adequate for access purposes. Section 54221 of the Government Code authorizes the City Council to: 1. Surplus land which is less than 5,000 square feet in area, 2. Less than the minimum legal residential building lot size for the jurisdiction in which the parcel is located. The subject property that is no longer needed for access alley purposes will be declared surplus. Upon any transfer of the surplus property, the City will retain any underlying public utility easements it or some other entity may have. 18. ATTACHMENTS • Resolution No. 10784. JD;mw;ly NA\Public Works\ADMIN\ADMIN \LYoung \Council Items \COUNCIL\May - 2014 \5- 13\Agenda - Washington St surplus (2).docx ITEM # 2 5/13/14 1 00Printed on Recycled Paper RESOLUTION NO. 10784 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE FINDING THAT A PORTION OF THE ALLEY LOCATED ON THE SOUTH SIDE OF WASHINGTON AVENUE, EAST OF HAMLIN STREET IS NO LONGER NEEDED BY THE PUBLIC AND IS HEREBY DECLARED EXEMPT SURPLUS LAND WITH A RESERVATION OF ALL PUBLIC UTILITY EASEMENTS. WHEREAS, pursuant to Government Code Section 54221, the City may dispose of exempt surplus land, that which is less than 5,000 square feet in area, and no longer needed for public purposes; and WHEREAS, the City Council of the City of Orange hereby finds and determines that the subject property was originally purchased as a portion of the access alley from the dead end of Washington Street to the Orange County Flood Control District channel and that this 1,613 square feet portion, generally depicted on the map attached hereto as Exhibit B and more particularly described on Exhibit A , is no longer needed as part of this access; and WHEREAS, all existing public utility easements shall be reserved; and 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 Government Code Section 54221, that the subject property generally depicted on the map attached hereto as Exhibit B and more particularly described on Exhibit A , is no longer needed and hereby declared exempt surplus land. Section 3. The City retains, reserves and excepts from surplus: (1) all existing easements for public utility facilities line purposes and any right necessary to maintain, operate, replace, remove or renew such public utilities or other public improvements underlying the subject easement. Section 4. 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.