HomeMy WebLinkAbout57 - PH-3 - For the Vacation of Right-of-Way at 970 - 9/1/2015CITY COUNCIL AGENDA REPORT
MEETING DATE: SEPTEMBER 1, 2015 ITEM NUMBER: PH -3
SUBJECT: PUBLIC HEARING FOR THE VACATION OF RIGHT-OF-WAY AT 970 WEST 16TH
STREET
DATE: AUGUST 20, 2015
FROM: PUBLIC SERVICES DEPARTMENT/ENGINEERING DIVISION
PRESENTATION BY: ERNESTO MUNOZ, PUBLIC SERVICES DIRECTOR
FOR FURTHER INFORMATION CONTACT: FARIBA FAZELI, CITY ENGINEER- (714) 754-5335
RECOMMENDATION:
1. Adopt Resolution ordering the vacation of excess Right -Of -Way (ROW) at 970 West 1611
Street (Attachment 1).
2. Authorize execution of the Quitclaim Deed by the Mayor and the City Clerk (Attachment 2).
BACKGROUND:
At the request of Taylor Morrison (property owner), the Engineering Division is preparing to
proceed with the vacation of excess right-of-way within the property located at 970 W. 16th Street
(Attachment 3). This request is in conjunction with the approved Tentative Tract Map No. 17747.
The excess right-of-way is within the southeasterly portion of the property and was originally
dedicated to the City of Costa Mesa (City) as a street and highway easement, Easement Deed
No. 19903 in Book 5086, Page 412 recorded on February 4, 1960 in the County of Orange
Recorder's Office.
On June 22, 2015, a report was presented to the Planning Commission outlining the proposed
vacation as required by Government Code Section 65402. Subsequently, the Planning
Commission adopted Resolution No. PC -15-38 (Attachment 4) finding that the proposed vacation
of excess right-of-way at 970 West 16th Street is consistent with the City's General Plan.
ANALYSIS:
It appears that the intent of the 1960 dedication of right-of-way was to at some point connect West
16th Street to Newhall Street which is located adjacent to the northeast portion of the
development. However, the right-of-way has remained unusable for the past 55 years, and the
Master Plan of Highways does not recognize it as a designated public right-of-way. Currently,
there are no utilities within this portion of the easement and therefore, a reservation for a utility
easement is not required.
The vacation of this portion of excess right-of-way is in conformance with the objectives of the
General Plan Circulation Element and it is also in conformity with the California Streets and
Highways Code, Chapter 4, Section 8334(a) which allows a local agency to summarily vacate
excess right-of-way of a street or highway not required for street or highway purposes. Therefore,
it is recommended that the proposed vacation continue to be processed for approval.
The Notice of Intention to vacate right-of-way was presented to the City Council at its regular
meeting of July 21, 2015. Resolution 15-39 was subsequently adopted setting this public hearing
(Attachment 5). The property has been posted and notices of this public hearing were published
as required by the Resolution. Staff has prepared the attached Resolution ordering the vacation
of excess right-of-way (Attachment 1). Staff also recommends that a Quitclaim Deed be executed
relinquishing the City of any interest in said excess right-of-way (Attachment 2).
After the proposed vacation is approved and recorded, the subject vacated property will revert
back to the property at 970 West 16' Street (the underlying fee owners, Taylor Morrison).
ALTERNATIVES CONSIDERED:
The City could retain the excess right-of-way and continue to be responsible for its liability and
maintenance. The alternative to retain excess right-of-way will result in the City's continued
involvement of unusable right-of-way. There are no future plans to construct this portion of right-
of-way.
FISCAL REVIEW:
Once the area is vacated it becomes taxable square footage, resulting in additional property taxes
to the adjacent property owner to which the land will revert. This will result in additional revenue to
the City.
LEGAL REVIEW:
The City Attorney's Office has approved the attached Resolution as to form.
CONCLUSION:
Staff recommends that the City Council adopt the Resolution ordering the vacation of excess
right-of-way at 970 West 1611 Street. In addition, staff recommends that the City Council authorize
execution of the Quitclaim Deed by the Mayor and the City Clerk.
ERNESTO MUNOZ FARIBA FAZELI
Public Services Director City Engineer
Attachments: 1. Resolution Ordering the Vacation of Excess Right -Of -Way
2• Quitclaim Deed
3. Site (Aerial & Street View)
4. Resolution PC -15-38
5. Resolution 15-39
DISTRIBUTION: Chief Executive Officer
Assistant CEO
City Attorney
City Clerk
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