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CITY COUNCIL AGENDA REPORT
City of Anaheim
DEPARTMENT OF PUBLIC WORKS
DATE: MARCH 7, 2023
FROM: DEPARTMENT OF PUBLIC WORKS
SUBJECT: PROPOSED VACATION/ABANDONMENT OF AN IRREVOCABLE
OFFER FOR DEDICATION OF A LOT IN FEE FOR PARK
PURPOSES PER TRACT NO. 17703 AND ACCEPTANCE OF A
GRANT DEED
ATTACHMENT (Y/N): YES ITEM # 12
GOVERNMENT CODE § 84308 APPLIES: YES
RECOMMENDATION:
That the City Council, by Resolutions:
1. Approve the proposed summary vacation/abandonment of an Irrevocable Offer for Dedication in fee Lot B for park purposes made in the Ownership Certificate of Tract No. 17703 and authorize the City Clerk to cause said Resolution to be recorded in the Office of the Orange County Recorder; and
2. Accept a Grant Deed, in fee, of a parcel of a lot line adjustment to replace the above Irrevocable Offer for Dedication and authorize the City Clerk to cause the Grant Deed to be recorded in the Office of the Orange County Recorder.
DISCUSSION:
The applicant/owners of the Lennar A-Town development have requested the abandonment/summary vacation of an Irrevocable Offer for Dedication (IOD) made to the City in order to clear the chain of title. The IOD under consideration for summary vacation was made in the Ownership Certificate of Tract Map No. 17703 (TM 17703) for public park purposes as Lot B. In 2016, TM 17703 was recorded; at that time, the park was not yet constructed; therefore, the City did not accept the IOD. Then in 2020, the owners of the Lennar A-Town development processed a lot line adjustment of Lot B and an adjoining lot to the west. The recording of the lot line adjustment (LLA) lawfully adjusted the lots’ property lines, effectively creating two new parcels. The LLA effectively mapped over Lot B of Tract Map No. 17703 and created a new park parcel which is 1,750 square feet larger than the aforementioned Lot B. Community Services supported the new configuration of the park parcel as it increased the park’s size at no cost or expense to the City.
In consideration of the abandonment/summary vacation, a Grant Deed for the larger- sized park parcel is offered for dedication by the owners. The Grant Deed shall supersede Proposed Vacation/Abandonment of an Irrevocable Offer for Dedication of a Lot in Fee for Park Purposes per Tract 17703 and Acceptance of a Grant Deed
March 7, 2023
the initial Lot B dedication, and the City’s acceptance of the Grant Deed will acknowledge all park conditions have been fully met or otherwise have occurred and determined that:
1. The public improvements have been completed to the satisfaction of the Community Services Director.
2. The private property owner will continue to maintain the public park pursuant to the Covenant, Conditions, and Restrictions, and the Maintenance Covenant of record.
3. The private property owner has provided the required insurance certificates and endorsements pursuant to the Maintenance Covenant of record.
4. The City Council named the park “Aloe Promenade” on March 1, 2016.
The City’s acceptance of the Grant Deed shall terminate the IOD previously rejected, thereby deeming it excess per Government Code Section 66477.2 and according to California Streets and Highways Code Section 8330 et seq. Therefore, it is recommended to approve the proposed abandonment/summary vacation and accept said Grant Deed for Aloe Promenade as part of the Lennar A-Town development, subject to the maintenance, insurance, and indemnification requirements as set forth in the Maintenance Covenant of record.
IMPACT ON BUDGET:
There is no budgetary impact.
Respectfully submitted, Concurred by, Rudy Emami Sjany Larson-Cash
Director of Public Works Director of Community Services Attachments:
1. Resolution – Summary Vacation/Abandonment
2. Resolution – Accepting a Deed
3. Maintenance Covenant
4. Property Sketch