HomeMy WebLinkAbout- CC-10 - Vacation of Portion Alley No. 54A Right- - 4/17/2012CITY COUNCIL AGENDA REPORT
MEETING DATE: APRIL 17, 2012
ITEM NUMBER: CC -10
SUBJECT: NOTICE OF INTENT FOR THE VACATION OF A PORTION OF ALLEY NO. 54A RIGHT-
OF-WAY
DATE: APRIL 5, 2012
FROM: PUBLIC SERVICES DEPARTMENT, ENGINEERING DIVISION
PRESENTATION BY: RAJA SETHURAMAN, ACTING DIRECTOR OF PUBLIC SERVICES
FOR FURTHER INFORMATION CONTACT: FARIBA FAZELI, INTERIM CITY ENGINEER AT (714)
754-5335
RECOMMENDATION
1. Set a Public Hearing on May 15, 2012 for the vacation of a portion of public Alley No. 54A
Right -Of -Way (ROW).
2. Adopt Resolution of intent to vacate a portion of public Alley No. 54A Right -Of -Way
(ROW).
BACKGROUND
The Engineering Division is processing a request from Mr. Peter Desforges of West Port
Square LLC, for the vacation of a portion of Alley No. 54A. This portion of Alley No. 54A is
adjacent to Mr. Desforges's properties, 353-369 East 17th Street, and Pinkley Park property,
360 Ogle Street (Attachment 1).
Alley No. 54A is located between Santa Ana Avenue and Tustin Avenue. The portion of Alley
No. 54A being considered for vacation is approximately 375 -feet long by 20 -feet wide. The Alley
No. 54A was created from individual ROW dedications at no cost to the City by the previous
property owners at 353-369 East 17th Street and by dedication of a portion of Pinkley Park (City
Resolution 77-43) by the City. The City dedicated portion of alley is currently unimproved.
Record documents for the dedications are as follows:
Instrument No. / Book and Page
1) Book 4360, Page 522 OR.
2) Book 10611, Page 170 OR.
3) Book 11384, Page 1096 OR.
4) Book 14234, Page 863 OR.
Northerly Portion
Southerly Portion
Instrument No. / Book and Page
1) Book 12325, Page 375 OR. (City Reso. 77-43)
Date Recorded
July 24, 1958
March 26, 1973
April 23, 1975
September 25, 1981
Date Recorded
August 5, 1977
Mr. Desforges has expressed interest in acquiring the section of the alley right-of-way adjacent to
his properties and adjacent to Pinkley Park to increase parking capacity in the area. In exchange,
Mr. Desforges has agreed to fund improvements to Pinkley Park equal in value to the vacated
land area adjacent to Pinkley Park.
The southerly ten -foot portion of the alleyway is unimproved and the northerly ten -foot portion is
paved with asphalt (Attachment 2). Mr. Desforges proposes to pave the unimproved portion to
allow for additional parking behind his property and adjacent to the park. The improved portion of
the alley is currently being used for parking. However, the parking is limited because the paved
portion is only ten -feet wide. Improving the entire alley section would also benefit Pinkley Park
patrons as it would allow for additional off-street parking. Vacating this alley segment will further
benefit the City by removing the maintenance liability for a dead-end alley section with limited use
by the public due to its partially improved condition. Mr. Desforges has agreed to construct
improvements to Pinkley Park (Attachment 3), which includes a new decorative wrought iron
fence, additional tree planting, and strategically placed pedestrian openings to the park to allow
safe access from the parking area.
On March 12, 2012, 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 -12-02 finding that the proposed vacation of a portion of
excess Right -of -Way of public Alley No. 54A is consistent with the General Plan (Attachment 4).
ANALYSIS
The proposed alley vacation segment is not required for any ingress and egress purposes to
private property. There are existing underground and overhead utilities that run the length of the
alley. It is intended that Alley No. 54A be vacated of street and highway purposes and a public
utility easement be retained over the subject area for access and maintenance of the said
utilities. The excess right-of-way has been reviewed by the Engineering and Transportation
Services Divisions and determined that this portion of Alley No. 54A is unnecessary for public
street and highway purposes. Therefore, it is recommended that the City Council approve the
necessary steps for the proposed vacation.
After the proposed vacation is approved and recorded, the subject vacated property will revert
back to the adjacent properties. Staff will subsequently prepare a Lot Line adjustment to transfer
the Pinkley Park portion of the vacated alley to Mr. Desforges's properties.
ALTERNATIVES CONSIDERED
The City could retain the alley and continue to be responsible for the maintenance and the safety
issues as a substandard size alley. However, the alley serves no public purpose except as an
easement for above- and below -ground utility facilities.
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 whom 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 of Intent as to form
2
CONCLUSION
Staff recommends that City Council set a public hearing for May 15, 2012, and adopt the attached
Resolution of Intent to vacate a portion of public Alley No. 54A (Attachment 5).
RAJA S THURAMAN, Acting Director
Public Services Department
Attachment: 1 — Location Map
(I �, 3
FARIBA FAZELI
Interim City Engineer
2— Existing Alley Limits
3 — Improvement Plans
4 — Planning Commission Resolution No. PC 12-02
5 — Resolution of Intent to Vacate Alley No. 54A
Distribution: Chief Executive Officer
Assistant CEO
City Attorney
Acting Deputy City Clerk
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ATTACHMENT ?
Proposed Alley Abandonment Area
NORTHEAST END OF PINKLY/OGLE ST. PARK AND ALLEY No. 54A LOOKING WESTERLY
ALLEY No. 54A LOOKING WESTERLY
Page 2 of 2
AMCMW 3
ATTACJJNtFNT $
RESOLUTION NO. PC -12. 02
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 ALLEY NO. 54A TO THE
UNDERLYING FEE TITLE OWNERS OF 353 AND 369 EAST 17TH
STREET IS IN CONFORMANCE WITH THE CITY OF COSTA
MESA 2000 GENERAL PLAN
THE PLANNING COMMISSION OF THE CITY OF COSTA MESA HEREBY
RESOLVES AS FOLLOWS:
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 353 AND 369 East 17th Street
is shown in Exhibit A (City Engineer's memo dated February 14, 2012);
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 12th day of March 2012.
COLIN MCCARTHY
Chair, Costa Mesa Planning ommission
STATE OF CALIFORNIA )
)ss
COUNTY OF ORANGE )
I, Claire Flynn, 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 3-12-12, by
the following votes:
AYES: McCarthy, Clark, Dickson, Fitzpatrick, Salcedo
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
"7
Secretary, Co to Mesa
Planning Commission
STATE OF CALIFORNIA )
)ss
COUNTY OF ORANGE )
I, Claire Flynn, 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 03-12-12, by
the following votes:
AYES: McCarthy, Clark, Dickson, Fitzpatrick, Salcedo
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Secretary, Costa Mesa
Planning Commission
ATTACHMENT 5
RESOLUTION NO. 12 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, DECLARING ITS
INTENTION TO ORDER THE VACATION OF A PORTION
OF ALLEY NO. 54A BETWEEN SANTA ANA AVENUE AND
TUSTIN AVENUE
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 in Alley No. 54A between Santa Ana Avenue and Tustin
Avenue, but reserving there -from a public utility easement for all existing underground
and overhead public utilities, being more particularly described in Exhibit A and B
attached hereto.
SECTION 2. On Tuesday, the 15th day of May, 2012, 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,
and any other applicable laws.
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 17th day of April, 2012.
Eric R. Bever, Mayor
ATTEST: APPROVED AS TO FORM:
Christine Cordon, City Clerk Tom Duarte, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, CHRISTINE CORDON, Acting Deputy City Clerk of the City of Costa Mesa, DO
HEREBY CERTIFY that foregoing Resolution No. 12- was duly passed and adopted
by the City Council of the City of Costa Mesa at a regular meeting held on the 17th day
of April, 2012, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 18th day of April, 2012.
(SEAL)
CHRISTINE CORDON, ACTING DEPUTY
CITY CLERK
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EXHIBIT A
THAT PORTION OF CIT`( OF COSTA MESA 20.00 FOOT WIDE ALLEY NO, 54 TO BE VACATED,
THAT PORTION AS DESCRIBED IN BOOK 4,360 PAGE 522 RECORDED JULY 24, 1958, BOOK
11384 PAGE 1096 RECORDED APRIL 23, 1975, BOOK 1.0611 PAGE 170 RECORDED MARCH
26, 1973, AND RESOLUTION 77-43, BOOK 12325 PAGE 375 OF OFFICIAL RECORDS.
RECORDED AUGUST 5, 1977 IN THE CITY OF COSTA MESA, OFFICIAL RECORDS OF THE
COUNTY OF' ORANGE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 86 OF NEWPORT HEIGHTS, IN THE CITY
OF COSTA MESA, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 83, MISCELLANEOUS
MAPS, RECORDS OF SAID ORANGE COUNTY.
THENCE NORTH 40'00'28" EAST, A DISTANCE OF 10.00 FEET;
THENCE SOUTH 49'59'31" EAST, A DISTANCE OF 390,20 FEET;
THENCE SOUTH 40'00'30" WEST, A DISTANCE OF 10.00 FEET TO THE NORTHWEST CORNER OF
THE SOUTHEAST 240 FEET OF SAID LOT 86
THENCE NORTH 49'59'31" WEST, A DISTANCE OF 15»00 ALONG THE CENTERLINE OF SAID
ALLEY NO, 54;
THENCE SOUTH 4900'30" WEST, A DISTANCE OF 10.00 FEET;
THENCE NORTH 49"59'31" WEST, A DISTANCE OF 375.20 FEET TO THE NORTHWEST LINE OF
LOT 76 OF NEWPORT HEIGHTS, IN THE CITY OF COSTA MESA, AS SHOWN ON A MAP
RECORDED IN BOOK 4, PAGE 83, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY.
THENCE NORTH 40'00'28" EAST, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING,
SAID POINT BEING THE NORTHWESTERLY CORNER OF LOT 86 OF NEWPORT HEIGHTS.
RESERVING THEREFROM A PUBLIC UTILITY EASEMENT FOR ALL EXISTING UNDERGROUND AND
OVERHEAD PUBLIC UTILITIES AS SHOWN ON THE ATTACHED EXHIBIT, FOR THE RIGHT OF
INGRESS AND EGRESS FOR THE PURPOSE OF MAINTAINING, REPLACING AND UPGRADING SAID
EXISTING PUBLIC UTILITIES.
THE ABOVE DESCRIBED VACATION CONTAINING AN AREA OF 7,464 SQUARE FEET.
SEE EXHIBIT 'B' ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
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