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CITY COUNCIL AGENDA REPORT
City of Anaheim
DEPARTMENT OF PUBLIC WORKS
DATE: MAY 7, 2024
FROM: DEPARTMENT OF PUBLIC WORKS
SUBJECT: VACATION/ABANDONMENT OF A SEGMENT OF SHORT
STREET RIGHT-OF-WAY LYING NORTHWEST OF KELLOGG
DRIVE SOUTHEAST OF THE CITY BOUNDARY AND ABUTTING
5055 SHORT STREET (ABA2023-00425)
ATTACHMENT (Y/N): YES ITEM # 24
GOVERNMENT CODE § 84308 APPLIES: YES
RECOMMENDATION:
That the City Council, following a public hearing:
1. By Resolution, approve the proposed vacation/abandonment of a segment of Short Street right-of-way lying northwest of Kellogg Drive southeast of the city boundary and abutting 5055 Short Street;
2. By Motion, approve the Purchase and Sale Agreement ("Agreement") for the sale of excess right-of-way from the City of Anaheim ("City") to Dunbar Holdings Placentia, a Nevada limited liability company, its successors and assigns ("Buyer"); authorize and direct the Public Works Director to execute the Agreement and authorize the Mayor to sign the Quitclaim Deed;
3. By Motion, authorize and direct the Public Works Director or his designee to execute other documents on behalf of the City, including escrow documents, as required to close escrow; and
4. By Motion, authorize and direct the City Clerk to hold the recordation of Resolutions and Quitclaim Deed in the Orange County Recorder's until directed by the Public Works Director or his designee.
DISCUSSION:
On November 28, 2016, the Planning Commission unanimously approved a request to rezone the Buyer's property located at 5055 East Short Street from the "T" Transition Zone to the "RS-3" Single Family Residential Zone and also approved a parcel map (PM 2014- 176) to subdivide the property into four single-family residences lots. On January 24, 2017, the City Council introduced an Ordinance finalizing Reclassification No. 2014- 00275, rezoning the Buyer's property. As a condition of approval for Parcel Map 2014- 176 and prior to the filling the map in the Office of the Orange County Recorder, the Buyer was required to apply for an abandonment of this segment of Short Street, subject to Anaheim City Council approval, in order to assemble it with the Buyers abutting property.
Vacation/Abandonment of a segment of Short Street right-of-way lying northwest of Kellogg Drive southeast of the city boundary and abutting 5055 Short Street (ABA2023-00425)
May 7, 2024
This segment of Short Street proposed for abandonment is unimproved right-of-way lying outside the ultimate. If vacated, the City would reserve a public utility easement over the entirety of this segment of Short Street right-of-way for the continuity of existing public easements lying within the Buyer's abutting property.
Based on the foregoing, city staff has determined the right-of-way under consideration for abandonment is therefore considered to be excess right-of-way, unnecessary for present or prospective public street use within the contemplations of Sections 8324 (b) of the Streets and Highway Code.
An appraisal of this segment of Short Street under conversation for abandonment was conducted by Sharon A. Hennessey, MAI, a duly authorized appraiser retained by the City. As a result of the inspection and analysis of matters pertinent to the value and in consideration of $27,700.00 IMPACT ON BUDGET:
City Council Policy No. 5.5 contemplates compensation to the City for fair market value from any applicant requesting the abandonment or vacation of any easement, right-of-way, or other property interest. The Buyer will compensate the City for the fair market value of the excess street right-of-way in the amount of $27,700 as a result of the appraisal and consideration of the reserved public utility easement. At the close of escrow, the payment will be deposited into the City’s General Fund.
Respectfully submitted,
Rudy Emami
Director of Public Works
Attachments:
1. Resolution
2. Purchase and Sale Agreement
3. Aerial Map