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HomeMy WebLinkAbout87-041Recorded on June 9, 1987 at 2:30 p.m. ~O~ Recorded No. 87-325001 REL:jJ(27) DEED 7392 4/30/87 RESOLUTION NO. 87-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUMMARILY VACATING AN UNUSED UTILITY EASEMENT LOCATED AT 1202 EAST AVALON AVENUE W=HEREAS, a portion of Hathaway Street to the south of Avalon Avenue was dedicated to the City of Santa Ana for street purposes by the final subdivision map for Tract No. 4528, re- corded in 1962; and WHEREAS, said portion of Hathaway Street was thereafter vacated by Resolution No. 66-135 of this Council, dated October 3, 1966, with the reservation of a utility easement; and WHEREAS, the utility easement thereby reserved to the City of Santa Ana, has never been used for the purpose for which it was dedicated and acquired; and WHEREAS, said utility easement constitutes a "public service easement" under Section 8306 of the Street and Highways Code of the State of California; and WHEREAS, pursuant to Section 8333 of the said Streets and Highways Code, the City Council may summarily vacate, without notice and hearing, a public service easement which has not been used for the purpose for which it was dedicated or acquired for at least five consecutive years immediately preceding the pro- posed vacation; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: 1. Pursuant to the provisions of Chapter 4 of Part 33 of Division 9 of the Streets and Highways Code of the State of California, and, in particular, Section 8333 thereof, that public service easement on property located in the City of Santa Ana, County of Orange, State of California, specifically described in Exhibit A, attached hereto and incorporated herein by reference, is, under the facts hereinabove recited, hereby vacated, and from the date this resolution is recorded in the office of the Recorder 208 RESOLUTION NO. 87-41 Page two of Orange County, shall no longer constitute a public service easement. 2. 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 ]st day of June , 1987. ATTEST: ~C~e~ir~eo~' t~Ycoun/:~ COUNCILMEMBERS: Young Aye McGuigan Absent Acosta bye Griset Aye Hart A e May ~ Pulido ~w gMayor ~/ APPROVED AS TO FORM: R~wa-rd~. ~oper City A~ey ' BU??A£ 0 VENUE , ~¢A L . I'.'100' 11 AVALON. '~ AVENUE 30 3~ £ASEMENT TO ~£ VA~ATEO 2-X td lL~ I T ,~ 2 .0 Beginning at the Southwest corner of Lot 1 of Tract 4528 as shown on a map thereof, recorded in Book 162, pages 3 and 4, Migcellaneous Maps, records of Orange County, California; thence North 0 09' 19" West 119.80 feet along the West line of said Lot 1 to the beginning of a tangqnt curve concave Southeasterly and having a radius of 15.00 feet; thence Northeasterly along said curve through a central, angle of 90 08' ~0" an arc distance of 23.60 feet to a tangent line; thence South 89 39' 20" West 45.11 fee. t alongUsaid tangent line to the Northeast corner of Lot 57 of Tract 5910 as shown on a map thereof, recorded in Book 217, pages 49 and 50, Mi~cellaneous Maps, records of Orange County, California; thence South 0 09' 19" East and along the East line of said Lot 57 and its Southernly prolongation a distance of 134.83 feet; thence South 89° 58' 59" East 30.00 feet to the point of beginning. HISIT A