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Anaheim, CA 92805
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CITY COUNCIL AGENDA REPORT
City of Anaheim
DEPARTMENT OF PUBLIC WORKS
DATE: AUGUST 13, 2024
FROM: DEPARTMENT OF PUBLIC WORKS
SUBJECT: PROPOSED VACATION/ABANDONMENT OF PORTIONS OF
EXCESS STREET RIGHT-OF-WAY LYING WEST OF ANAHEIM
BOULEVARD AND DIRECTLY SOUTH OF MIDWAY DRIVE
(ABANDONMENT NO. ABA2019-00390)
ATTACHMENT (Y/N): YES ITEM # 23
GOVERNMENT CODE § 84308 APPLIES:
RECOMMENDATION:
That the City Council, following a public hearing:
1. By Resolution, approve the proposed vacation/abandonment of portions of excess street right-of-way lying west of Anaheim Boulevard and directly south of Midway Drive;
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 Encore Anaheim, LLC, a Delaware limited liability company, its successors, and assigns (“Owner”), in the purchase price of $1,600,000; authorize and direct the Public Works Director to execute the Agreement and authorize the Mayor to sign the Quitclaim Deed;
3. By Motion, authorize changes to the Agreement that do not substantially change the terms and conditions of the Agreement, so long as such changes are determined to be de minimis by the City Attorney’s Office;
4. 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;
5. By Motion, authorize and direct the City Clerk to deliver the Resolutions and Quitclaim Deed to escrow for recordation in the Orange County Recorder’s Office.
DISCUSSION:
On September 13, 2021, the Planning Commission approved a 156 single-family attached dwelling “Residential Project.” This abandonment has been requested by the developer, Encore Anaheim, LLC, in order to clear title to construct the Residential Project. If vacated, the City would reserve a public utility easement over the entirety of the portions of excess street right-of-way to be vacated. At a later date, public utility facilities lying within the portions of the excess street right-of-way may be removed by the developer at such time, and by a separate Resolution, the public utility easement reserved can be considered for summary vacation.
Proposed Vacation/Abandonment of portions of excess street right-of-way lying west of Anaheim Boulevard and directly south of Midway Drive (Abandonment No. ABA2019-00390)
August 13, 2024
One of the portions of the excess street right-of-way, commonly known as Zeyn Street, shares access with two adjacent properties. To the east of Zeyn Street lies the Housing Authority Midway Affordable Apartments, and to the south of Zeyn Street is Golden Skies Mobile Home Park. On June 22, 2021, the City Council approved the Midway Affordable Apartments request to abandon the east half of Zeyn Street, subject to preserving access rights for the abutting properties. On May 5, 2022, a reciprocal easement agreement was recorded that secured access to Zeyn Street as a private street for all three abutting properties.
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 Section 8324 (b) of the Streets and Highways Code. The public hearing was scheduled for July 23, 2024 and continued to the August 13, 2024 City Council meeting.
City Council Policy No. 5.5 contemplates compensation to the City for fair market value for any applicant requesting the abandonment or vacation of any easement, right-of-way, or other property interest. An appraisal of the portion of the excess street right-of-way 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 the demolition cost associated with the removal of road material, a fair market value of $1,600,000 was determined.
IMPACT ON BUDGET:
Sale proceeds of $1,600,000 will be deposited into the City’s General Fund account upon receipt.
Respectfully submitted,
Rudy Emami
Director of Public Works
Attachments:
1. Resolution
2. Purchase and Sale Agreement
3. Quitclaim Deed
4. Aerial Photo Map