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Home My WebLink About77-143Book 12496 Page 726 December 16~ 1977 1:05 P.M. REL:nr 11-1-77 RESOLUTION NO. 77-143 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING A PORTION OF MCFADDEN AVENUE BETWEEN LYON STREET AND RITCHEY STREET AND A PORTION OF RITCHEY STREET BETWEEN MCFADDEN AVENUE AND WILSHIRE AVENUE IN THE CITY OF SANTA ANA WHEREAS, this Council heretofore adopted on November 7, 1977, a Resolution No. 77-126 , where it declared its inten- tion to vacate pursuant to and in accordance with the provisions of Part 3 of Division 9 of the Streets and Highways Code of the State of California, a portion of McFadden Avenue between Lyon Street and Ritchey Street and a portion of Ritchey Street bet- ween McFadden Avenue and Wilshire Avenue, said portions of said streets being specifically described in said Resolution and reference being made in said Resolution to a certain map on file in the office of the Clerk of the Council for full particulars as to such proposed vacation; and WHEREAS, said Resolution gave notice that on the 12th day of December, 1977, at 7:30 p.m. or as soon thereafter as the matter could be heard, in the Council Chambers of the City of Santa Ana, 20 Civic Center Plaza, Santa Aha, California, this Council would hear any and all persons interested in or objecting to said proposed vacation of the said portions of McFadden Avenue and Ritchey Street; and WHEREAS, this Council finds that said Resolution has been published in the manner prescribed by law for the publishing of ordinances of the City; and WHEREAS, this Council further finds that notices of said proposed street vacations, stating the purposes of said Resolution and time and place set for hearing, were posted as directed by the Council and required by law; and WHEREAS, this Council at the time and place set for hear- ing has heard any and all persons interested in or objecting to said proposed vacation of said portions of said streets and has received and considered all evidence submitted; and WHEREAS, this Council finds from all the evidence sub- mitted that the said portions of the said streets described in the abovementioned Resolution, and described more fully in "Exhi- bit A" attached hereto, are unnecessary for present or prospec- tive street purposes based upon the following findings of fact: 1. The said portions of the said streets were acquired for street purposes by dedication of the abutting landowner at a time when the planned ultimate widths of McFadden Avenue and Ritchey Street were forty-two feet (42') from center-line to property-line. 2. Subsequent to such acquisition the planned ultimate widths of the said streets were revised by the City of Santa Ana to establish a planned ultimate width for McFadden Avenue of forty feet (40') from center-line to property-line and a planned ultimate width for Ritchey Street of thirty feet (30') from center-line to property line. RESOLUTION NO. 77- 143 PAGE TWO 3. The owner of the land abutting the above-said portions of McFadden Avenue and Ritchey Street has installed street improvements based on the current planned ultimate widths of said streets. 4. The above-said portions of McFadden Avenue and Ritchey Street are not planned or improved for use for street purposes and are not necessary or convenient for such use. WHEREAS, pursuant to the provisions of Section 2381 of the Streets and Highways Code of the State of California, the City Council does hereby find and determine that none of said streets and alleys, nor parts thereof are useful as bicycle paths or routes; and WHEREAS, based upon the findings contained in Initial Study 77-222, on file with the Planning Director of the City of Santa Ana, the City Council hereby approves the finding of the Negative Declaration issued thereon that the said proposed vaca- tion will not have a significant effect on the environment. NOW, THEREFORE, the City Council of the City of Santa Aha does hereby order that the portion of McFadden Avenue between Lyon Street and Ritchey Street and the portion of Ritchey Street between McFadden Avenue and Wilshire Avenue, more fully described in "Exhibit A" attached hereto and made a part hereof by this reference, be and is hereby vacated; excepting and reserving to the City of Santa Ana, its successors and assigns, a permanent easement and right at any time, or from time to time, and pur- suant to any existing franchises or renewals thereof, or other- wise, to construct, maintain, operate, replace, remove, renew and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment and fixtures for the transportation and distribution of electric energy, and incidental purposes, in- cluding access and the right to keep the property free from in- flammable materials, and wood growth, and otherwise protect the same from all hazards in, upon and over the portions of the said streets hereby vacated. The Clerk of the Council is hereby directed to cause a certified copy hereof, attested by her under seal, to be re- corded forthwith in the Office of the Recorder of Orange County. 12th day of December , 1977, ADOPTED, this by the following vote: AYES: NOES: ABSENT: ATTEST: CLERK OF THE COUNCIL COUNCILMEN: Garthe, Ward, Bricken, 0rtiz, Yamamoto, Evans, Brandt COUNCILMEN: None v-- MAYOR APPROVED AS TO FORM: KEITH L. GOW CITY ATTORNEY 7?- -'O ~ LEGAL DESCRIPTION Vacation of portions pf McFadden St. and Rltchey St. Those certain parcels of land in the City of santa Ana, County of Orange, State of california, being portions of the southeast quarter of the southwest quarter of Section 17, Township 5 South, Range 9 West, S.B.M., more particularly described as follows: pARCEL Commencing at the intersection of the centerline of McFadden Street (40 feet wide) with the centerline of Rltchey Street (50 feet wide) as shown on Record of Survey Map recorded October 26, 1959 and filed in Book 45 at page 50 of Maps in the Office of the County Recorder of said County; thence along said centerline of Ritchey Street South 0°02'15'' East 42.01 feet to its intersection with the easterly prolongation of the proposed southerly line of said McFadden Street, said southerly street line is shown on said Survey Map as being parallel with and distant southerly 42 feet at right angles from the centarline of said McFadden Street; thence along said easterly prolongation SOuth 88°55'45" West 47.26 feet to the beginning of a non-tangent curve concave south- westerly havin~ ~ radius of 27.00 feet (a radial to said point bears North 21 07'15" East), said point being the true point of beginning for this description, which point is also herein- after referred to as Point "A"; thence from said true point of beginning southeasterly along said curve a distance of 32.44 feet to tangency with a line that is parallel with and distant westerly 30.00 feet at right angles from the centerline of said Ritchey Street; thence along said parallel line South 0°02'15" East 571.85 feet to the beginning of a tangent curve concave northwesterly having a radius of 17.00 feet; thence southwest- erly along said last mentioned curve a distance of 26.39 feet to tangency with the easterly prolongation of the northerly line of Wilshire Avenue (60 feet wide) described in the deed to the City of Santa Ana recorded as Document No. 3976 of January 11, 1960 in Book 5049 at page 27 of said Official Records, also shown on said Record of Survey Map as (proposed Wilshire Avenue); thence along said last mentioned easterly prolongation South 88053'45.. West 19.86 feet to the south- westerly terminus of the northwesterly curved line of said wilshire Avenue which is a curve concave northwesterly having a radius of 25.00 feet; thence northeasterly along said last mentioned curve a distance of 38.80 feet to tangency with a line that is parallel with and distant westerly 42.00 feet measured at right angles from the centerline of said Ritchey Street; thence along said last mentioned parallel line North Legal Description santa Aha Page 2 0°02'15" West 564.04 feet to the beginning of a tangent curve' concave southwesterly having a radius of 25.00 feet~ thence northwesterly along said last mentioned curve a distance of 39.72 feet to tangency with said easterly prolongation thence North 88°55'45" East thereon 20.20 feet to the true point of beginning. PARCEL 2: Beginning at Point "A" described in Parcel 1 above; thence along the easterly prolongation and the proposed southerly line of said McFadden Street mentioned in Parcel i above, South 88°55'45" West 1023.68 feet to the northeasterly terminus of the tangent southeasterly curved line of Lyon Street described in said above mentioned deed to the City of Santa Ana as having a radius of 25.00 feet and a length of 32.72 feet; thence southwesterly along said curve a distance of 32.72 feet to tangency with an easterly line of said Lyon Street described as having a bearing of South 13°55'45'' West and a length of 68.32 feet; thence along the northerly prolongation of said easterly street line North 13°55'45'' East 0.54 feet to the beginning of a tangent curve concave southeaste=ly having a radius of 27.00 feet; thence northeasterly along said last mentioned curve a distance of 35.34 feet to tangency with a line that is parallel with and distant southerly 40.00 feet at right angles from the centerline of said McFadden Street; thence along said last mentioned parallel line North 88~.55'45" East 1011.42 feet to the beginning of a tangent curve concave southwesterly having a radius of 27.00 feet; thence easterly along said last mentioned curve a distance of 10.46 feet to the point of beginning. EXCEPTING those portions of the hereinabove described Parcels 1 and 2 lying within that certain strip of land (50 feet in width) conveyed to San Bernardino and San Diego Railway Company, by deed recorded in Book 241 at page 202 of Deeds, records of Los Angeles County. EXHIBIT