HomeMy WebLinkAbout06 - CC-10 - Notice of Intent for the Vacation of St. - 4/19/2011CITY COUNCIL AGENDA REPORT
MEETING DATE: APRIL 19, 2011
ITEM NUMBER:
SUBJECT: NOTICE OF INTENT FOR THE VACATION OF A PORTION OF SAINT CLAIR STREET
RIGHT-OF-WAY
DATE: APRIL 7, 2011
FROM: PUBLIC SERVICES DEPARTMENT, ENGINEERING DIVISION
PRESENTATION BY: PETER NAGHAVI, DIRECTOR, PUBLIC SERVICES DEPARTMENT
FOR FURTHER INFORMATION CONTACT: ERNESTO MUNOZ, CITY ENGINEER -
(714-754-5335)
RECOMMENDATION
Set a public hearing on May 17, 2011, for the vacation of a portion of Saint Clair Street
Right -Of -Way.
2. Adopt Resolution of Intent to vacate a portion of Saint Clair Street Right -Of -Way.
BACKGROUND
The Engineering Division is processing the request of Mr. Mark Kaplan, for the vacation of a
portion of Saint Clair Street right-of-way. This portion of Saint Clair Street is adjacent to Mr.
Mark Kaplan's property at 766 Saint Clair Street.
The proposed vacation area is surplus right-of-way from the Corona Del Mar 73 freeway
expansion circa 1974. As a result of the freeway alignment, Saint Clair Street was transformed
into a cul-de-sac street which produced the surplus right-of-way (See Attachment 1).
This portion of Saint Clair Street varies in width due to the conversion from a street to a cul-de-
sac. Saint Clair Street was originally created from a right-of-way dedication in 1960 by Tract
Map No. 3897 as recorded in Book 138, Pages 5 and 6 of Miscellaneous Maps of the County
Recorders Office.
Currently, there are no overhead power lines or underground utilities located within this portion
of the public right-of-way and therefore, a reservation for a utility easement is not required. The
excess right-of-way has been reviewed by the Engineering and Transportation Services
Divisions who have determined that this portion of Saint Clair Street is not necessary for public
street and highway purposes. Therefore, it is recommended the proposed vacation continue to
be processed and forwarded to the City Council for approval. After the proposed vacation is
approved and recorded, the subject vacated property will revert back to the owner of 766 Saint
Clair Street, Mr. Kaplan.
On March 14, 2011, a report was submitted to the City of Costa Mesa Planning Commission
outlining the proposed vacation as required by Government Code Section 65402. Subsequently,
the Planning Commission adopted Resolution PC -11-06 finding that the proposed abandonment of
a portion of excess right-of-way of Saint Clair Street is consistent with the General Plan (See
Attachment 2).
ANALYSIS
This portion of Saint Clair Street is not required for any ingress and egress purposes to private
property. There are no additional underground and overhead utilities that run the length of the
proposed area to be vacated. The excess right-of-way has been reviewed by the Engineering
and Transportation Services Divisions and determined this portion of Saint Clair right-of-way to
be unnecessary for public street and highway purposes.
Therefore, it is recommended the proposed vacation continue to be processed and forwarded to
the City Council for approval. After the proposed vacation is approved and recorded, the
subject vacated property will revert back to the adjacent owner at 766 Saint Clair, Mr. Kaplan.
The City sees no future need for the use of the property as a public right-of-way. The proposed
area is no longer accessible to vehicles. The vacation of public right-of-way would eliminate the
City's responsibility for its maintenance. Once the right-of-way is vacated, the land will revert to the
underlying fee title owners (adjacent property owners) and become private property. (See
Attachment 3).
ALTERNATIVES CONSIDERED
The City could retain the portion of public right-of-way and continue to be responsible for the
maintenance and the safety issues as surplus right-of-way. However, this portion of right-of-way
serves no public purpose.
FISCAL REVIEW
The City does not own the subject area in fee; therefore, there will be no fair market value
compensation to the City in exchange for vacating this excess right-of-way. Once the area is
vacated, it becomes taxable square footage, resulting in potential additional property taxes to the
adjacent property owner to which the land will revert. This could potentially result in additional
revenue to the City.
LEGAL REVIEW
The City Attorney's Office has approved the attached resolution as to form.
CONCLUSION
Staffs recommends the City Council set a public hearing for May 17, 2011, and adopt the attached
Resolution of Intent to vacate a public a portion of Saint Clair Street Right -of -Way at 766 Saint Clair
Street (See Attachment 4).
ERNESTO MUIVOZ
City Engineer
PETER NAGHAVI, Director
Public Services Department
Attachment: 1 — Location Maps
2 — Planning Commission Resolution No. PC 11-06
3 — Legal Descriptions and Exhibit
4 — Resolution of Intent to Vacate a Portion of Saint Clair Street Right -Of -Way
Distribution: Chief Executive Officer
City Attorney
Development Services Director
File
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ATTAC,H I<NT
RESOLUTION NC. PC-11-06
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF COSTA MESA FINDIING THAT THE CITY OF COSTA ME '
VACATION OF A PORTION OF SAINT CLAIR STREET TO THE
UNDERLYING FEE TITLE OWNERS OF 766 SAINT GLAIR
STREET IS IN CONFORMANCE WITH THE CITY OF COSTA
MESA 2000 GENERAL PLAN
THE PLANNING COMMISSION OF THE CITE' OF COSTA MESA HEREBY
RESOLVES AS FOLLOWS:
VVI IEREAS, [lie City est Costa Mesa 2000 G- eneral Plan was dnpted on .Jamjary
VVI IE REAS, the C:alifomia Cavern molt Cocip 85402, the City t-af CoAa
Chea shall 1101 acquire, U-50. of chi{;tA)tw of any rear property until the USO Of the Property
11s�r; 1)(,o[s fot4nd 1n conformance with thr} CIty's Clone .11 P1or1;
WHEREAS,WHE-REAS, t tsi proposed ,i , -cit-Way vacation has been mviewcs�.i try tE1€:
Friyin4-eriny and Transportation Divisions. u:id based on the existing land Lige
and treaway confE llr'rltinn, it is no lodger regUiFed for puhlic, {,nd h1gll ay
purpuE� es,
W-11FREA , Lhe subject hght-of-ova adj,-ire',t tri 766 Saint Clair Street is shown
in Exhibit "A'' ((;ity Engine is mento dated Fabfuary U. 2011);
WHEREAS, the Costa Mesa Flaming Commission has reviewed [lie proposed
t bandonr
NOW. . THEREFORE, BE IT RESOLVED that the Planning Cornrnission does
hereby find the propoged varvation of excess right-of-way in conformont-�e io lire City of
alta Mese 2000 GeneFal Plan
PASSED AND ADOPTED this 14'h day of March 2011.
I1CGA R THY
Char. Costa Mora Planning C mission
TATF OF CAI- IFc IA)
}�s
COUNTY OF ORANGE )
I, Khan] G f yuy"i, sk3� etary to Ihwc Plarm1l ig Commi--.', K ;FI of Lhf� My of os i ( -sa,
cic, hereby ce tify that the foregoing resolution was passers Find adopted at a me ting of
Iho' (:iter of t ,,a Planning C ummissiorl hold on M,.irc h 14, 2011, by the following
vulet;.
AYFS : OOh+if IbSIOF S MCCARTHY, Cl ARK, DICKSON, FIT PA` RIC K, SAI.CFDC)
NOL} 3: COMMISSIONERS: NON
ABSENT: COMMISSIONERS. NONE
ABSTAIN. COMMISSIONERS. NONE
S crotary, costa m - a inning commission
EXHIBIT ""A"
"LEGAL DESCRIPTION"
OF VACATION OF A PORTION OF
ST. CLAIRE STREET - CITY OF COSTA MESA
BIIWJ3MENT 3
SHEET 1 OF
THAT PORTION OF ST. CLAIRE S7RFET, DEDICATED TO THE CITY OF COSTA MESA PER
TRACT NO_ J697, IN THE Cl TY OF COSTA MESA, C0UNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAF RECORDED IN 500K 138 PAGES 5 AND 6 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS
FOLLOWS;
BEGININGATAP INTDISIT IEWES7FRLYL)NEOFLOT 2 OF SAIDTRAGTNO, 3897,
NORTH 01W19" EASTA D. STANCE OF 31,39 FEET FROM TffE SOU THWESTERLY
CORNER THEREOF. SAID POINT ALSO BEING A POINT ON THE NORTHEASTERLY
CALTRANS RIGHT-OF-WAY, BEING THE '73" FREEWAY, THENCE SOUTH 38*0926, EAST
ALONG LAST MENTUNED RIGHT-OF-WAY A 0 fSTANCE OF 40,49 FEET TO A POINT ON
THE SOUTHERLY LINE OF SAID L 0 T 2, BEING 0ISTANT SOUTH 88 0597 7" EAT 5.57 FEET
FROM THE SOUTHWESTERLY CORNER THEREOF, ,SAJD LAST MENTIONED POINT Al,SO
BEING THE *TRUE POWT OF BEGINNING'. THENCE SOUTH 88'8927" EAST ALONG T14F
SOUTHERLY LIME OF SAII3 407 2 AND THE 3OUTHERL Y ZINE Or LOT f OF SAID TRACT
NO. 3897A DISTANCE OF ?05.60 FFA TO THE BE0 NWG DFA NON -TANGENT CUR VE
BEING A POINT OF CLASP CONCAVE TO THE S0UTHEASTHAVING A RADIUS OF 50.00
FEETAND TO WHICH A RADIAL UNE REARS NDRTH 01 VC. 3" EASTANDALSO BIrINGA
POINT ON THE EXF TING NORTHER -LY RIGHT -CF- VVA Y OF ST, GLAIRFSTREET' THENCE
SOUTHWESTERLY A DISTANCE OF 68.4 7 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 78"27' 2" TO THE INTERS F C 77ON OF rHE CENTERLINE OF ST,
CLARE STR ET AND SAID CAL TPANS DIGHT -OF -WAY; THENCE NORTH 88".5927" Z EST
ALONG THE EXTENSION OF SAA CENTERLWE ANL) ALONG SAID CAL TRANS
RIGHT-OF-WAYA DISTANCE OF 2.3.84 FEET TO AN ANGLE P<)I T IN LAST MENTIONED
I IGHT-OF-WAY, THENCE NORTH 3SQ19U8" WEST CONTINUING ALONG LAST MENTIONED
RIGHT--OF-WAY A DISTANCE OF 5 1, 71 FEET TO THE TRUE POINT OF BEGINNfNO,
THE ABOVE DESCRIBED VA CA TION CON MNING AN AREA OF 2.102 SQUARE FEET.
SEE EXHIBIT "S" ATTA C HED HERE TO AND 8Y TH1 REFERENCE MADEA
PART HEREOF.
THIS DOCUMENT CONSISTING OF 7Y10 FAG ES, {E NISITS "A"AND "8"} WAS PREPARED
BY ME OR UNDER MY SUPERVISION.
PREPARED BY:
STEPHEN HAY -06132 EXPIRES 6-30-11
1/1, 1 f4
DATE
EXHIBIT ■fB ljpSHEET 2 OF
MAP TO ACCOMPANY LEGAL DESCRIPTION of
VACATION OF A RT(ON OF "ST CLAIRE STREET"
x
LEGEND
r AREA TO SE "VACATED"
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r CAL TRANS R;Ot4T—OF—WAY
NO ACCESS
T-P-OA3, FRUL— POINT OF 13EGINNING
P.O.5- POINT OF BEGINNING
NOTE: THE BEARINGS AND LNS IANCFS
SHOWN HEREON HAVE BEEN � � •# �f I
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EXPORE
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RESOLUTION NO. 11-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA. DECLARING ITS
INTENTION TO ORDER THE VACATION OF A PORTION
OF SAINT GLAIR STREET AT 766 SAINT DLAIR STREET
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES
AS FOLLOWS:
ECT 10 N 1., TIie City C 0vrrciI of the City of Costa Mena does hereby declare its
intention to uacale its interest of a particn of Saint C:laif Street located at 766 Saint Clair
Street and being more parthcularly des0bed in Exhibit A and B attach ed hereto_
FC;'T ION 2 Tuesday. the 171" day of May. 2011, at 7;00 p w , in thG COLIII&
harnburs of City Hail, 77 Fair Drive, Costa Mesa, California, is hereby fixed as the time
and place fof hearing all persona interested in or objecting to the proposed vacation.
SECTION 3. These proceedings stall be ooriducted pursuant to the prcvisions
of Section 8800 et seal of the Streets and H€gh7ways Code of the State of California.
SECTIO! 4_ The City Manager of the City of Costa Mesa is hereby diirected to
cause notices of the said proposed vacation to be conspicuously posted along said strip
of land for at least two {} weeks before the date of said hearing. Said notices shall be
posted not more than three hundred (300) feet apart, but irr no event shall fewer than
three (3) notices be posted.
SECTION 5. This Resolution shall be Published-hviice :n -3 newspaper of general
circulation, printed aTtd published in the CiTy of Costa, Mesa, Orange County, California_
PASSED, APPROVED, AND ADC}PTSD ,hIs 17t' day of April, 2011_