HomeMy WebLinkAbout10 - PH-4 - Vacation of Excess Right of Way 766 St. - 5/17/2011CITY COUNCIL AGENDA REPORT
MEETING DATE: MAY 17, 2011 ITEM NUMBER:
SUBJECT: PUBLIC HEARING FOR THE VACATION OF EXCESS RIGHT-OF-WAY AT
766 SAINT CLAIR STREET
DATE: MAY 5, 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:
1. Adopt Resolution ordering the vacation of a portion of right-of-way at 766 Saint Clair Street
(see Attachment 1).
2. Authorize execution of the Quitclaim Deed by the Mayor and the City Clerk (see attachment
2).
BACKGROUND:
The Engineering Division is processing a request from Mr. Mark Kaplan, property owner of 766
Saint Claire Street, for the vacation of a portion of Saint Clair Street right-of-way adjacent to his
property.
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. 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 3). This
portion of Saint Clair Street varies in width due to the conversion from a street to a cul-de-sac.
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 4).
ANALYSIS:
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. Should City Council approve the proposed vacation of surplus
right-of-way, the subject vacated property will revert back to the owner of 766 Saint Clair Street,
Mr. Kaplan, after the execution and recordation of the vacation right-of-way documents.
The Notice of Intention to Vacate Right-of-way was presented to the City Council at its regular
meeting of April 19, 2011. Resolution 11-14 was subsequently adopted setting this public hearing
(see 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 (see Attachment 1). Staff also recommends that a Quitclaim Deed
be executed relinquishing the City of any interest in said excess right-of-way (see Attachment 2).
ALTERNATIVES:
The City could retain the excess right-of-way and continue to be responsible for its 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 widen Saint Clair Street in this area.
FISCAL REVIEW:
There is no fiscal impact associated with this item.
LEGAL REVIEW:
The City Attorney's Office has approved the attached resolution as to form.
CONCLUSION:
Staff recommends the City Council adopt the Resolution ordering the vacation of excess right-of-
way at 766 Saint Clair Street. In addition, staff recommends the City Council authorize execution
of the Quitclaim Deed by the Mayor and the City Clerk.
ERNESTO MUIVOZ
City Engineer
PETER NAGHAVI, Director
Department of Public Services
Attachment 1 — Resolution Orderina the Vacation of Excess Riaht-of-wa
2 — Quit Claim Deed
3 — Location Maps
4 — Resolution 11-06
5 — Resolution 11-14
Distribution: Chief Executive Officer
City Attorney
Development Services Director
City Clerk
Staff
E
RESOLUTION NO. 11-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, ORDERING THE VACATION
OF A PORTION OF SAINT CLAIR STREET RIGHT-OF-WAY
AT 766 SAINT CLAIR STREET
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS
FOLLOWS:
WHEREAS, the City Council of the City of Costa Mesa did, on the 19th day of
April 19, 2011, adopt Resolution No. 11-17, entitled: "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 CLAIR STREET
RIGHT-OF-WAY LOCATED AT 766 SAINT CLAIR STREET; AND
WHEREAS, pursuant to said Resolution of Intention, the time and place for
hearing all persons interested in or objecting to the proposed vacation was set for
Tuesday, the 17th day of May 2011, at 6:00 p.m., in the Council Chambers of City Hall,
77 Fair Drive, Costa Mesa, California; and
WHEREAS, notices of said proposed vacation were duly and regularly posted as
required by law, all pursuant to the provisions of Section 8300 et seq. of the Streets and
Highways Code of the State of California; and
WHEREAS, on said date of hearing, the proposed vacation came on regularly to
be heard; all persons appearing on the proposed vacation were heard; and said hearing
was closed on the 17th day of May, 2011; and
WHEREAS, the Costa Mesa City Council finds and determines from all the
evidence submitted that the hereinafter described right-of-way is unnecessary for
present or prospective street purposes;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA
DOES ORDER AND RESOLVE AS FOLLOWS:
1. That the hereinafter described right-of-way is unnecessary for present or
prospective street purposes:
All as more particularly described in legal description shown in Exhibit "A" and on map
shown in Exhibit "B", attached hereto and by this reference made a part hereof.
PASSED AND ADOPTED this 17th day of May, 2011.
ATTEST:
Julie Folcik, City Clerk
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
Gary Monahan, Mayor
APPROVED AS TO FORM
Tom Duarte, Attorney
I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, hereby certify that the
above and foregoing Resolution No. 11- was duly and regularly passed and
adopted by the said City Council at a regular meeting thereof held on the 17th day of
May, 2011, by the following roll call vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
the City of Costa Mesa this 18th day of May, 2011.
Julie Folcik, City Clerk
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RaGprding R(egLlested'Yy CITY OF COSTA MESA
When Recorded Mail to:
CITY OF COSTA MESA
Attention - City Clerk
P.O. BOJ{ 1200
COSTA MESA, CALIFORNIA 92828-1200
Mail Tax St,aternertts 'o;
Owner (s} of Record
;CPN 41Fi.191 o4
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Attachment 2
Ueed Na. ;; r';:
I.ouatlorl: 766 SpiIuCbiI Sit L:ul EzAmpt Rommi Pf, rlrpnr
GV%ei:niirieiil +_udl -- b 1(;3
QUITCLAIM DEE
TI Ir IINI]riz;;Ic,I.,i- .F., Ar, ', F14TARY TRANS FF.R TAX IS IV NE
FOR A VALUABLE C0NSI DEI AfI0N, receipt of which is hereby acknowledyed,
City of Costa Mesa, a Municipal Corporation
doldoes hereby remise, rrflease and forever quitclaim to 766 ST. GLAIR, LLC, a
California lirnited liability company. th8 following described real property
subject to reversion rights as recogn zed by State and local law, in the City of
Costa Mesa, CDLInty of grange, State of California;
SEE RESOLUTION NO, ADAPTED
AS INSTRUMENT NO, -- OF
OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY
RECORDER, ORANGE COUNTY. CALIFORNIA, ATTACHED
HERETO AND BY TH-S REFERENCE MADE A PART HEREOF.
THIS DEED IB BEING RECORDED DED TO PERFECT THE TITLE
THE SUBJECT PROPERTIES_
City Clerk of the
Gity of Costa Mesa
Mayor of the City of Costa Mesa
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Attachment 4
• • •IM910M
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF COSTA MESA FINDING THAT THE CITY OF COSTA MESA'S
VACATION OF A PORTION OF SAINT CLAIR STREET TO THE
UNDERLYING FEE TITLE OWNERS OF 766 SAINT CLAIR
STREET IS IN CONFORMANCE WITH THE CITY OF COSTA
MESA 2000 GENERAL PLAN
THE PLANNING COMMISSION OF THE CITY OF •
RESOLVES• •
WHEREAS, the City of Costa Mesa 2000 General Plan was adopted on January
22, 2002;
WHEREAS, the California Government Code 65402, requires the City of Costa
Mesa shall not acquire, use, or dispose of any real property until the use of the property
has been found in conformance with the City's General Plan;
WHEREAS, the proposed right-of-way vacation has been reviewed by the
Engineering and Transportation Services Divisions, and based on the existing land use
and freeway configuration, it is no longer required for public street and highway
purposes.
WHEREAS, the subject right-of-way adjacent to 766 Saint Clair Street is shown
in Exhibit "A" (City Engineer's memo dated February 9, 2011);
WHEREAS, the Costa Mesa Planning Commission has reviewed the proposed
abandonment.
NOW, THEREFORE, BE IT RESOLVED that the -Planning Commission does
hereby find the proposed vacation of excess right-of-way in conformance to the City of
Costa Mesa 2000 General Plan.
PASSED AND ADOPTED this 14th day of March 2011.
OLIN MCCARTHY
Chair, Costa Mesa Planning C mission
STATE OF CALIFORNIA)
)ss
COUNTY OF ORANGE )
I, Khanh Nguyen, secretary to the Planning Commission of the City of Costa Mesa,
do hereby certify that the foregoing Resolution was passed and adopted at a meeting of
the City of Costa Mesa Planning Commission held on March 14, 2011, by the following
votes:
AYES: COMMISSIONERS: MCCARTHY, CLARK, DICKSON, FITZPATRICK, SALCEDO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: NONE
Secretary, Costa Me
,Xa/y%lanning Commission
Attachment 5
RESOLUTION NO. 11-14
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 CLAIR STREET AT 766 SAINT
CLAIR STREET
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES
AS FOLLOWS:
SECTION 1. The City Council of the City of Costa Mesa does hereby declare its
intention to vacate its interest of a portion of Saint Clair Street located at 766 Saint Clair
Street and being more particularly described in Exhibit A and B attached hereto.
SECTION 2. Tuesday, the 17th day of May, 2011, at 7:00 p.m., in the Council
Chambers of City' Hall, 77 Fair Drive, Costa Mesa, California, is hereby fixed as the time
and place for hearing all persons interested in or objecting to the proposed vacation.
SECTION 3 These proceedings shall be conducted pursuant to the provisions
of Section 8300 et seq. of the Streets and Highways Code of the State of California.
SECTION 4. The City Manager of the City of Costa Mesa is hereby directed to
cause notices of the said proposed vacation to be conspicuously posted along said strip
of land for at least two (2) weeks before the date of said hearing. Said notices shall be
posted not more than three hundred (300) feet apart, but in no event shall fewer than
three (3) notices be posted.
SECTION 5. This Resolution shall be published twice in a newspaper of general
circulation, printed and published in the City of Costa Mesa, Orange County, California.
PASSED, APPROVED, AND ADOPTED this 19th day of April; 2011.
Gary. Monahal Mayor
El
ATTEST:
lle Folcik, City Clerk
APPROVED AS TO FORM:
Tom Duarte, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that foregoing Resolution No. 11-14 was duly passed and adopted by the City Council
of the City of Costa Mesa at a regular meeting held on the 19"' day of April, 2011, by
the following roil call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
MONAHAN, RIGHEIMER, BEVER, LEECE,
MENSINGER
IlEel 011
I►C67211�
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 20th day of April, 2011.
(SEAL)
11
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JU FOLCIK, OITY CLERK
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