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Anaheim, CA 92805
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CITY COUNCIL AGENDA REPORT
City of Anaheim
DEPARTMENT OF PUBLIC WORKS
DATE: MAY 21, 2024
FROM: DEPARTMENT OF PUBLIC WORKS
SUBJECT: VACATION/ABANDONMENT OF A SEGMENT OF ORANGE
AVENUE LYING WEST OF BROOKHURST STREET AND
DIRECTLY ADJACENT TO LOT 2 OF TRACT NO. 19192
(ABA2023-00414)
ATTACHMENT (Y/N): YES ITEM # 31
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 Orange Avenue lying west of Brookhurst Street and directly adjacent to Lot 2 of Tract No. 19192;
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 OrangeAveM 2024 LLC, a California limited liability company, its successors and assigns ("Buyer") in the amount of $85,000; authorize and direct the Public Works Director to execute the Agreement and authorize the Mayor to execute 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 Recorders until directed by the Public Works Director or his designee.
DISCUSSION:
On February 28, 2023, City Council approved Tentative Map No. 19192, in conjunction with General Plan Amendment No. 2023-012 and Conditional Use Permit No. 2023- 013, for a residential development consisting of 24 townhomes. On February 27, 2024, the Final Map and Subdivision Agreement were approved, and Tract No. 19192 was accepted and filed with the County Clerk-Recorder on March 28, 2024. The Buyer requested the abandonment of a portion of Orange Avenue right-of-way in order to assemble it with Lot 2 of Tract No. 19192 and meet certain development needs.
Vacation/Abandonment of a segment of Orange Avenue lying west of Brookhurst Street and directly adjacent to Lot 2 of Tract No. 19192 (ABA2023-00414)
May 21, 2024
This segment of Orange Avenue proposed for abandonment lies outside the ultimate Orange Avenue right-of-way. If vacated, the City would reserve access easements for emergency service and solid waste collection services over a portion of the abandoned right-of-way to maintain continuity with easements dedicated to the City on Tract No. 19192. The existing sidewalk meanders slightly north and is within the segment of right-of-way proposed for abandonment; however, upon abandonment, the Buyers, through its residential development, shall construct a new sidewalk per the City standards.
Based on the foregoing, city staff has determined that 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 Orange Avenue 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 $85,000.
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. As a result of the appraisal, the Buyer will compensate the City for the fair market value of the excess street right-of-way in the amount of $85,000. The payment will be deposited into the City's General Fund at the close of escrow.
Respectfully submitted,
Rudy Emami
Director of Public Works
Attachments:
1. Resolution
2. Purchase and Sale Agreement
3. Aerial Map