SR - RES-10829 - STREET VACATION NORTHEAST ANAHEIM WAY NORWEST OF STATE COLLEGE BOULEVARDAGENDA ITEM
.. a December 9, 2014
TO: Honorable Mayor and
Members of the City Council
THRU: John W. Sibley
City Manager
FROM: Joe DeFrancesco, c�
Public Works D' ector
ReviewedNeri d By:
City Manager
Finance Direct r
To Be Presented By: Joe
DeFrancesco
X Cons Calendar
City Mgr Rpts
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_ Legal Affairs
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Plan/Environ
1. SUBJECT 7
RESOLUTION NO. 10829 - A Resolution of the City Council of the City of Orange summarily
vacating Any and All Street Easements Northeast of Anaheim Way and Northwest of State
College Boulevard as excess street right of way that is no longer needed for street purposes and
ordering the vacation thereof reserving all public utility easements.
2. SUMMARY
Miscellaneous street and alley easements (i.e. State College Boulevard, Anaheim Way, etc.) may
exist on the vacant parcel located northeast of Anaheim Way and northwest of State College
Boulevard. Parts of the vacant parcel were formerly a portion of State College Boulevard and /or
a portion of Anaheim Way prior to the realignment years ago of the Interstate 5 Freeway and
State College Boulevard area. The City is authorized to summarily vacate street easements (i.e.,
notice is not required) which has been dedicated to it if the street easement is no longer needed
for street purposes and meets other specified criteria noted below.
3. RECOMMENDED ACTION/MOTION
Adopt Resolution No. 10829.
4. FISCAL IMPACT
Minor benefit to City by not having to maintain this parcel.
5. STRATEGIC PLAN GOAL(S)
2d. Be a fiscally healthy community — Effectively manage and develop City assets.
ITEM 3y 1 12/09/14
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. BACKGROUND and DISCUSSION
The subject property is a vacant parcel located northeast of Anaheim Way and northwest of State
College Boulevard. Parts of the vacant parcel were formerly a portion of State College
Boulevard and /or a portion of Anaheim Way prior to the realignment years ago of the Interstate 5
Freeway and State College Boulevard area. The owner of the property, The Successors or
Assignees of the Orange Redevelopment Agency, has requested the City to vacate the street
and /or alley easements crossing the vacant lot, thus removing the burden on the title of the
property.
The City is authorized to summarily vacate an easement for street purposes (i.e., notice is not
required) which has been dedicated to it i£ (1) the property is no longer needed for street
purposes; (2) the easement being vacated is totally within the property of one owner; and (3) the
easement does not touch upon the property of another property owner. These easements are not
needed for present or prospective road projects. The easement is totally within the ownership of
The Successors or Assignees of the Orange Redevelopment Agency. As such, staff recommends
the vacation of these street easements. The attached resolution will vacate any street interest the
City may have in the vacant parcel and will allow The Successors or Assignees of the Orange
Redevelopment Agency to develop and maintain it. Any underlying public utility easements are
being reserved.
8. ATTACHMENTS
• Resolution No. 10829.
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N:\ADMIN\ADMIN\LYoung \LYoung \Council Items \COUNCIL\Dec - 2014 \12 -09 \Agenda -State College Blvd vacation - UCI.doc
ITEM 2 12/09/14
RESOLUTION NO. 10829
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE SUMMARILY VACATING ANY
AND ALL STREET AND ALLEY EASEMENTS
NORTHEAST OF ANAHEIM WAY AND
NORTHWEST OF STATE COLLEGE BOULEVARD
AS 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 any and all street and alley easements 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 and is not needed for any prospective public street purposes; and
WHEREAS, the vacation of the street easements 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 any and all street and alley easements generally
depicted on the map attached hereto as Exhibit B and more particularly described on Exhibit A ,