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Home My WebLink About83-038RESOLUTION NO. 83-38 REL:adg 3/3/83 Dom: -i -e3 EOOK/f'A6E N0: - � DEED N0. TIMT:_.__P.' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING ROE DRIVE BETWEEN MAIN STREET AND ARNETT DRIVE WHEREAS, this Council heretofore adopted on February 22, 1983, Resolution No. 83-24, wherein it declared its intention to vacate, pursuant to and in accordance with the provisions of Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code of the State of California, Roe Drive between Main Street and Arnett Drive as specifically described hereinbelow; and WHEREAS, said Resolution gave notice that on March 21, 1983, 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 Ana, California, this Council would hear any and all persons interested in or objecting to said proposed vacation of the said street portion; 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 vacation stating the purposes of said Resolution and the 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 hearing heard any and all persons interested in or objecting to said proposed vacation of said street portion and received and considered all evidence submitted; and WHEREAS, this Council finds from all the evidence submitted that the said street portion described in "Exhibit A" attached hereto, is unnecessary for present or prospective public use, based upon the following findings of fact: 1. Due to the planned extension of Broadway northward over the Santa Ana Freeway and the extension of Owens Drive west of Main Street, Roe Drive is no longer necessary or convenient for servicing the flow of traffic. RESOLUTIOt.'NO. 83- 38 PAGE TWO 2. Roe Drive is notnecessary to serve abutting property owners due to the availability of access off Main Street and the westerly extension of Owens Drive. WHEREAS, pursuant to the provisions of S 2381 of the Streets and Highways Code of the State of California, the City Council does hereby find and determine that neither said street portion nor part thereof, is useful as a nonmotorized transportation facility, as defined in 5 156 of said code; and WHEREAS, pursuant to the provisions of S 8340(c) of the said Streets and Highways Code, the City Council does hereby find and determine that there is one in-place public utility facility that is in use in said street portion, being a natural gas pipeline, and that an easement will hereby be reserved for said facility. WHEREAS, based upon the findings contained in Initial Study No. 82-97, on file in the office of 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 vacation will not have a significant effect on the environment; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. That this Council does hereby order that Roe Drive between Main Street and Arnett Drive in the City of Santa Ana, described in "Exhibit A" attached hereto and made a part hereof by this reference, be, and the same is, hereby vacated, reserving and excepting from said vacation the public service easements set forth hereinbelow. 2. Reserved and excepted from the abovesaid vacation is the exclusive underground and non-exclusive surface easement and right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew sanitary sewers and appurtenant structures, and to construct, maintain, operate, replace, remove, renew and enlarge lines of pipe and other convenient structures, equipment, and fixtures for the transportation and distribution of water, and for incidental purposes, including access to protect such works from all hazards, in the area of the street hereby vacated. RESOLUTION NO. 83- 38 PAGE THREE 3. Further abovesaid vacation is from time to time, to remove, and renew that pipeline as described April 18, 1956 in Book Orange County, and for to protect such works reserved and excepted from the the easement and right at any time, or construct, maintain, operate, replace, United States government fuel in that certain document recorded 3479, page 136 of Official Records of incidental purposes, including access from all hazards. 4. Further reserved and excepted from the abovesaid vacation is the easement and right at any time, or from time to time, to construct, maintain, operate, replace, remove, renew and enlarge line of pipe and other convenient structures, equipment, and fixtures for the operation of natural gas pipelines, and for incidental purposes, including access to protect such works from all hazards, in the Easterly 360.0 feet of the area of the street hereby vacated. 5. The Clerk of the Council is hereby directed to cause a certified copy hereof, attested by her under seal, to be recorded forthwith in the office of the Recorder of Orange County. ADOPTED this 21st day of March , 1983. ATTEST: L_ anice C. Guy Clerk of the Council COUNCILMEMBERS: Gordon Bric en Mayor Bricken Absent Luxembourgery� Acostay7C—e APPROVED AS TO FORM: Serratoy7�e Griset y7C §-- Markelyye""-ak. McGuigan Ty —e ward J: rooL5er City Attorney Lr0'i :, DT SAF;1 !'J 1 L)A 'rrOr^SED Fc-: JO::"E�T OF ROE PRIME FROX M_z,3N STREET TO ARNET'T D=.IVE A11 that certain public street right of way known as Roe Drive in the City of Santa Ana, as shown on that certain Map of Tract No. 511, recorded in Book 18, page 29,. and as shown on that certain Yap of Tract No. 512, recorded in Book 19, page 16, of Miscellaneous Maps of Orange County, California. Together with Lots W and X of said Tract No. 512. Excepting therefrom: the Easterly 19.0 feet of that portion of Roe Drive shown on said Map of Tract No. 511. Also excepting therefro, that portion of Roe Drive lying Southwesterly of the Northeasterly line of State of California Depart7r.ent of Transportation Relln;uishiment NO. 490, .as shown on that certain State Highway Map Book 3, page 43, in the Office of the Orange County Recorder. Also excepting therefrom that portion of Roe Drive and portions of Lots W and X bounded Westerly by the Southerly prolongation of that certain course defined as South 06001155" West 112.27 feet, in a deed to the City of Santa Ana recorded in Official Records of Orange County on January 15, 1982, as document No. 82-017688, and bounried Easterly by the Southerly prolongation of that certain course defined as North 01054113" West 48.52 feet in last said deed to the City of Santa Ana. Together with that portion of Lot 1 in Block B of said Tract No. 511, described as follows: A spandrel shaped area bounded Easterly by a line parallel with and distant Westerly 19.0 feet, measired at right angles, from the East line of said Lot 1; bounded Northerly by the North line of said Lot 1; bounded Southwesterly by the arc of a curve concave South- westerly having a radius of 25.0 feet, being tangent to said East and North boundaries. Together with that portion of said State of California Depart- menf of Transportation Relinquishment No. 490, described as follows: Beginning at'the Southerly terminus of that segment of the Easterly sideline shown on aforesaid Map of Relinguish- sent !:o. 490, as S 33110'59" E 56.85'; thence S 70055122" E 23.72'; thence S 39040'13" E 42.85'; thence S 19004146' W 24.48'; thence N 33110'59" W to the Point of Beginning. DAT A