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SR - RES-10814 - VACATION MEATS AVENUEAGENDA ITEM . September 9, 2014 ZAYTY TO: Honorable Mayor and Members of the City Council THRU: John W. Sibley, City Manager FROM: Joe DeFrancesco i' Public Works Di Vector Reviewed/Ver' ied B . City Manager Finance Direc r To Be Presen y: Joe DeFrancesco X Cons Calendar _ City Mgr Rpts Council Reports _ Legal Affairs Boards /Cmtes _ Public Hrgs Admin Reports Plan /Environ 1. SUBJECT Resolution No. 10814 — A Resolution of the City Council of the City of Orange Summarily Vacating a Portion of Meats Avenue, Southwest of Longridge Drive as Excess Right of Way That is No Longer Needed By The Public For Street Purposes and Ordering The Vacation Thereof and Reserving All Public Utility Easements. 2. SUMMARY Adoption of Resolution No. 10814 will remove a portion of Meats Avenue from the City Street System. 3. RECOMMENDED ACTION Adopt Resolution No. 10814. 4. FISCAL IMPACT Minimal savings to the City by not having to maintain this parcel anymore. 5. STRATEGIC PLAN GOAL(S) 1 d. 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. 6. GENERAL PLAN IMPLEMENTATION Infrastructure Elements Goal 3.0 Ensure adequate maintenance of public rights -of -way to enhance public safety and improve circulation. ITEM W° 1 9/9/14 Policy 3.1: Continue to maintain and repair sidewalks and pavement surfaces on public rights - of -way. 7. BACKGROUND and DISCUSSION This portion of Meats Avenue was dedicated as Lot A, of Tract 5671, recorded in 1976. At that time it was thought that this parcel was necessary to connect Meats Avenue with Featherhill Drive in the adjacent tract to the southeast. However, when that tract was built, Featherhill Drive was constructed as a cul -de -sac and not a through street. Thus, Lot A, of Tract 5671 was never needed and never built as a street. It has been a dirt lot since its formation and maintained by the City. Upon the vacation of the street easement, the City will have no interest in the parcel and will not be responsible for the maintenance. The underlying fee interest in the parcel will revert to the adjacent parcel property owner. The City is authorized to summarily vacate property (i.e., notice is not required) which has been dedicated to it if the property is no longer needed and has not been used in the last five years. Since this parcel is not needed for present or prospective road projects, staff recommends the vacation of any street easement that the City may have claim to on this parcel. 8. ATTACHMENTS • Resolution No. 10814 JD;mw;ly N:\ADMIN\ADMIN\LYoung\LYoung \Council Items \COUNCIL \Sept - 2014 \09- 09\Agenda - Reso 10814 - Meats Ave vacation.doc ITEM 9/9/14 2 RESOLUTION NO. 10814 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE SUMMARILY VACATING A PORTION OF MEATS AVENUE, SOUTHWEST OF LONGRIDGE DRIVE AS EXCESS RIGHT OF WAY THAT IS NO LONGER NEEDED BY THE PUBLIC FOR STREET PURPOSES AND ORDERING THE VACATION THEREOF AND RESERVING ALL PUBLIC UTILITY EASEMENTS. WHEREAS, pursuant to Streets and Highways Code Sections 8300 et seq., the City may summarily vacate a street easement if the street easement is not needed for public street purposes; and WHEREAS, the City Council of the City of Orange hereby finds and determines that that portion of Meats Avenue generally depicted on the map attached hereto as Exhibit B and more particularly described on Exhibit A is not being used for the purpose for which it was dedicated in 1976 and is not needed for any prospective public street purposes; and WHEREAS, the vacation of the street easement will not cut off access to any person's property which, prior to the adoption of this Resolution, had such access; and WHEREAS, all existing public utility easements shall be reserved; and WHEREAS, the City Council finds and determines, based upon the existing uses of the subject real property, that the proposed vacation of the subject real property 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; and WHEREAS, pursuant to Section 65402 of the California Government Code, the City Council finds and determines that the location, purpose and extent of the proposed vacation of the subject real property has been reported on by the Director of the Community Development Department of the City of Orange and that said proposed vacation of the subject real property conforms to the City's adopted general plan. 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), that portion of Meats Avenue generally depicted on the map attached hereto as Exhibit B and more particularly described on Exhibit A , is hereby