SR - RES-10887 - VACATION OF ALLEY HIGHLAND 55 FREEWAY COLLINS AVENUE LOCUST AVENUE COLLINS CHANNELOF
AGENDA ITEM
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:4 October 13 2015
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TO: Honorable Mayor and
Members of the City Council
THRU: Rick Otto
City Manager
FROM: Joe DeFrancesco,
Public Works D' ecto
ReviewedNerified B .
City Manager
Finance Director
To Be Presented By: Joe DeFrancesco
X Cons Calendar
City Mgr Rpts
Council Reports
Legal Affairs
Boards /Crates
Noticed Hrgs
Admin Reports
Plan/Environ
1. SUBJECT
RESOLUTION NO. 10887 - A Resolution of the City Council of the City of Orange summarily
vacating a portion of the alley located between Highland Street and the 55 Freeway, and between
Collins Avenue and Locust Avenue (abandoned street) as excess street right of way that is no
longer needed for street purposes and ordering the vacation thereof reserving all public utility
easements and ingress /egress access rights to the City owned sewer and storm drain channel
property (Collins Channel).
2. SUMMARY
The subject property was dedicated to the City of Orange as an easement for alley purposes on
December 21, 1961 by Tract No. 3754. The alley is located on the west, south, and east sides of
the Orange Meadows Apartments. The property owner has requested the alley easement vacation
and has paid the $1,000 vacation fee. The property owner's intent is to use the vacated road
easement as a private alley. As such, he may have it striped for assigned parking spaces for his
apartment tenants. This item is linked to the lease agreement with Orange Meadows Apartments,
LLC on tonight's agenda.
3. RECOMMENDED ACTION/MOTION
Adopt Resolution No. 10887.
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 3. Q 1 1 10/13/15
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 an alley located on the west, south, and east sides of the Orange
Meadows Apartments. It is accessed from Highland Street. The property owner has requested the
alley easement to be vacated, thus making the alley private. As a private alley the property
owner's intention is to have it striped for assigned parking spaces for his apartment tenants. This
will help address the parking shortage in this area.
Under Section 8334 of the Streets and Highway Code, the City is authorized to summarily vacate
an easement for street purposes (i.e., notice is not required) which has been dedicated to it if. (1)
the property is no longer needed for public 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. This easement is not needed for present or prospective public road
projects. The easement is totally within the ownership of Orange Meadows Apartments, LLC.
As such, staff recommends the vacation of this alley easement. The attached resolution will
vacate the alley interest the City has on the west, south, and east side of the Orange Meadows
Apartments. Any underlying public utility easements are being reserved along with
ingress /egress access rights to the City owned sewer and storm drain channel property (Collins
Channel).
8. ATTACHMENTS
• Letter from property owner requesting alley vacation.
• Resolution No. 10887.
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N: \Public Works \ADMIN\LYoung\Council Items \COUNCIL \Oct - 2015 \10- 13- 15\Agenda - Reso 10887 - Alley at Highland St vacation.doc
ITEM 2 10/13/15
RESOLUTION NO. 10887
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE SUMMARILY VACATING
ALLEY EASEMENT EAST OF HIGHLAND
STREET AND NORTH OF COLLINS CHANNEL 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 8334 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
alley easement generally depicted on the map attached hereto as Exhibit B and more
particularly described on Exhibit A 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 8334), that alley easement generally depicted on the map