200 S. Anaheim Blvd.
Suite #276
Anaheim, CA 92805
Tel: (714) 765-5176
Fax: (714) 765-5161
www.anaheim.net
CITY COUNCIL AGENDA REPORT
City of Anaheim
DEPARTMENT OF PUBLIC WORKS
DATE: FEBRUARY 27, 2024
FROM: DEPARTMENT OF PUBLIC WORKS
SUBJECT: PROPOSED SUMMARY VACATION OF A PORTION OF A PUBLIC SERVICE EASEMENT LOCATED WITHIN 7651, 7671 & 7673 EAST
CORTO ROAD, AND 370 & 371 SOUTH TIMKEN ROAD (ABA2020-
00402) AND RETURN PARK AND RECREATION IMPACT FEES IN
CONSIDERATION OF A SUPPLEMENTAL MULTI-USE TRAIL
EASEMENT
ATTACHMENT (Y/N): YES ITEM # 25
GOVERNMENT CODE § 84308 APPLIES: YES
RECOMMENDATION:
That the City Council:
1. By Resolution, vacate a portion of a public service easement, located within 7651, 7671, and 7673 East Corto Road and 370 and 371 South Timken Road, in the City of Anaheim, County of Orange, State of California, pursuant to California Streets and Highway Code section 8330 et seq., for equestrian and hiking trail purposes as shown dedicated on Parcel Map No. 87-108 recorded filed in Book 232, Pages 24- through 25 of Parcels Maps, in the Office of the Orange County Recorder, more particularly described in Exhibit A of the attached Resolution for Summary Vacation; and
2. By Motion, authorize and direct the City Clerk to hold the recordation of Resolution until a new multi-use trail easement deed is (1) accepted by the Director of Public Works, in accordance with Resolution No. 2021-042, and (2) recorded in Official Records of the Office of the Orange County Recorder; and
3. By Motion, the City Council approves the return of all Park and Recreation Impact Fees related to this development in consideration of a supplemental multi-use Trail Easement segment filling in a trail gap.
DISCUSSION:
Community Services and the developer/applicant (ALINO) of a four Single Family Residences Development have requested the vacation of a public service easement of a 10-foot wide equestrian and hiking trail easement dedicated to the City (“Trail Proposed Summary Vacation of a Portion of a Public Service Easement Located Within 7651, 7671 & 7673 East Corto Road, and 370 & 371 South Timken Road (ABA2020-00402) and Return Park and Recreation Impact Fees in Lieu of a Multi-use Trail Easement February 27, 2024
Easement”). The Trail Easement was recorded on May 11, 1988, by Parcel Map No. 87-108; however, the City never constructed the trail.
Due to the area’s topography and grading requirements, ALINO requested the building of two retaining walls within a portion of the Trail Easement. Community Services proposed a solution where ALINO would construct a 5-foot wide multi-use trail to City standards that would supersede the Trail Easement and grant a new multi-use trail easement.
In addition, Community Services requested that ALINO construct and dedicate a supplemental trail easement in consideration of the City’s returning Park and Recreation Impact Fees. The supplemental easement would fill a gap in the existing trail system and serve a fundamental role in improving trail connectivity. The supplemental easement will connect the 5-foot wide multi- use trail easement described above to Corto Road (private right-of-way) and continue along the northside of Corto Road to the easterly boundary of ALINO’s Development.
The recommended vacation meets the criteria for a Summary Vacation in accordance with the California Street and Highway Code, Section 8330, 8333(a) and 8333(c), because (1) the Trail Easement has not been used for the purpose for which it was dedicated for over five consecutive years, (2) shall be superseded by relocation, and (3) there are no other public facilities within the equestrian and hiking trail easement dedicated on Parcel Map No. 87-108. The Community Services Department and Public Works reviewed the request, and there are no objections to the proposed vacation. Additionally, Community Services recommends returning the Park and Recreation Impact Fees totaling $27,775.84 in lieu of a supplemental easement because it benefits the City’s system of trails and aligns with the goals described in the Green Element of the General Plan.
IMPACT ON BUDGET:
There is no budgetary impact. City Council Policy No. 5.5 waives the requirements of compensation to the City when the abandonment meets the criteria for a summary vacation.
Therefore, the City has no compensable interest in the easements.
Respectfully submitted, Concurred by,
Rudy Emami Sjany Larson-Cash
Director of Public Works Director of Community Services Attachments:
1. Resolution
2. Multi-use trail easement
3. Aerial image of trail easements