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HomeMy WebLinkAbout90-107RESOLUTION NO. 90-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING A PORTION OF BROOK STREET EAST OF BRISTOL STREET AND A NORTH-SOUTH ALLEY EAST OF BRISTOL STREET BETWEEN BROOK AND CUBBON STREETS. WHEREAS, this Council heretofore adopted on October 15 , 1990, Resolution No. 90-10~ 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, a portion of Brook Street east of Bristol Street and a north-south alley east of Bristol Street between Brook and Cubbon Streets. WHEREAS, said Resolution gave notice that on November 19 , 1990, 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 been published in the manner prescribed by of ordinances of the City; and said Resolution has law for the publishing WHEREAS, this Council further finds that notices of said proposed street and alley 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 and alley, and received and considered all evidence submitted; WHEREAS, this Council finds from all the evidence submitted that the said street and alley described in "Exhibit A" attached hereto, is unnecessary for present or prospective public use, based upon the following findings of fact: 1. Said street and alley are not necessary to provide access to abutting property owners. 2. Said street and alley are not necessary or convenient for servicing the flow of traffic. WHEREAS, pursuant to the provisions of ~ 2381 of the Streets and Highway Code of the State of California, the City 03_'1 RESOLUTION NO. 90-107 PAGE TWO Council does hereby find and determine that neither said street or alley nor part thereof, is useful as a nonmotorized transpor- tations facility, as defined in § 156 of said Code; 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 a portion of Brook Street east of Bristol Street and a north-south alley east of Bristol Street between Brook and Cubbon Streets 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 the vacation the easement and right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew sanitary sewers and storm drains and appurte- nant structures in, upon, over, and across said vacated street and alley and, pursuant to any existing franchise or renewals thereof, or otherwise, 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 operation of gas pipelines, telegraphic and telephone lines, railroad lines, and for the transportation or distribution of electric energy, petroleum and its products, amonia, and water, and for incidental purposes, including access to protect such works from all hazards in, upon, and over said vacated street and alley. 2. The Clerk of the Council is hereby directed to cause a certified copy hereof, attested by her under seal, to be recorded in the office of the Recorder of Orange County at such time as the Executive Director of the Public Works Agency provides the Clerk of the council with written notification that the following conditions have been satisfied: (a) The following dedications to the City of Santa Ana for right-of-way purposes shall have been made: 1) Bristol Street for a width of 60 feet from street centerline to property line from Brook Street to Cubbon Street. 2) The Brook Street cul-de-sac. 3) A 27-foot radius property line spandrel at the northeast corner of Bristol Street and Cubbon Street. (b) The following public improvements shall have been completed with regard to the Brook Street cul-de-sac in accordance 03,3 RESOLUTION NO. 90-107 PAGE THREE with City requirements: driveways walk, and (1) Removal of existing curb, gutter, pavement and and construction of new cul-de-sac curb, gutter, side- pavement. (2) Construction of fire access driveway. (3) Construction of trash enclosure area driveway. (4) Installation of ornamental street lighting. (5) Construction of tree wells and installation of street trees. (6) Installation of fence around cul-de-sac including emergency vehicle access gate. (7) Installation of a new water main. (8) Installation of a new fire hydrant. 4. The abovesaid portion of Brook Street and the abovesaid alley shall not be deemed vacated until this resolution is recorded. Closure of Brook Street between Bristol Street and said alley and of said alley to vehicular traffic, as appropriate to allow for the construction of the abovesaid public improvements prior to the recordation of this resolution, is hereby approved pursuant to section 21101 of the California Vehicle Code. ADOPTED this ]9th day of November , 1990. ATTEST: ~--a/~ice C. Guy ' f~7 Clerk of the Counc'il~ Mayor COUNCILMEMBERS: Young Aye Acosta Aye Griset Aye May Aye McGuigan Aye Norton Aye Pulido Aye APPROVED AS TO FORM: City Attorney EXHIBIT A A portion of Brook Street, 60.00 feet wide, adjoining the Northerly line of Lot 1 of Tract No. 543, in the city of Santa Ana, county of Orange, state of California, as per map recorded in Book 18, page 16 of Miscellaneous Maps in the office of the County Recorder of said county and described as follows: Commencing at the Northwest corner of Lot 1 of said Tract No. 543, thence along the Northerly line of said Lot 1, South 89°36'54'' East, 20.00 feet to the True Point of Beginning; thence continuing along the said Northerly line, South 89°36'54'' East, 80.15 feet to a point in a nontangent curve concave to the East having a radius of 45.00 feet; thence Northerly along the said curve, 8.04 feet, through a central angle of 10°14'25'' to a point of compound curve concave to the Southeast having a radius of 52.00 feet; thence Northeasterly along the said curve 81.68 feet through a central angle of 90°00'00'' to a point of cusp on the Northerly line of Brook Street, 60.00 feet wide; thence along the said Northerly line of Brook Street, North 89°36'54'' West, 107.25 feet to the beginning of a tangent curve concave to the Northeast having a radius of 25.00 feet; thence Northerly along the said curve 39.03 feet through a central angle of 89°26'59'' to a point of cusp on the Easterly line of Bristol Street, 100.00 feet wide; thence along last said Easterly line, South 00°09'55'' East, 84.76 feet to the True Point of Beginning; Excepting from the foregoing: all that portion of Brook Street to the west of a line parallel to and 60.00 feet east of the centerline of Bristol Street; Together with a portion of an alley, 12.50 feet wide, adjoining the Easterly line of Lots 1 through 5, inclusive, of Tract No. 543, in the city of Santa Ana, county of Orange, state of California, as per map recorded in Book 18, page 16 of Miscellaneous Maps in the office of the County Recorder of said county, and described as follows: Beginning at the Northeast corner of said Lot 1, Tract No. 543, thence along the Northerly line of said Lot 1, South 89°36'54'' East, 10.16 feet to a point in a nontangent curve concave to the East having a radius of 45.00 feet; thence Southerly along the said curve, 8.87 feet through a central angle of 11°17'29'' to a point on the Westerly line of Lots 6 and 26 of said Tract No. 543; thence along the said Westerly line South 00°10'08'' East, 267.33 feet to the Southwest corner of said Lot 6, Tract No. 543, said Southwest corner also being on the Northerly line of Cubbon Street, 50.00 feet wide; thence along the said Northerly line, North 89°38'55'' West, 12.50 feet to the Southeast corner of said Lot 5 of Tract No. 543; thence along the Easterly line of said Lots 1 through 5, Tract No. 543, North 00°10'09'' West, 275.85 feet to the Point of Beginning. Exhibit A A portion of Brook Street, 60.00 feet wide, adjoining the Northerly line of Lot 1 of Tract No. 543, in the city of Santa Aha, county of Orange, "state of California, as per map recorded in Book 18, page 16 of Miscellaneous Maps in the office of the County Recorder of said county, and described as follows: Commencing at the Northwest corner of Lot 1 of said Tract No. 543 along the Northerly line of said Lot 1, South 89°36'54" East, 20 fe~t to the True Point of Beginning; thence continuing along the saJ Northerly line, South 89°36'54" East, 80.15 feet to a point a nontangent curve concave to the East having a radius of 45. feet~ thence Northerly along the said curve, 8.04 feet, throu central angle of 10°14'25" to a point of compound curve concave to a radius of 52.00 feet; thence Northeasterly along feet through a central angle of 90°00'00" to a point Northerly line of Brook Street, 60.00 feet wide Northerly line of Brook Street, North 89°36'54 beginning of a tangenU curve concave to 25.00 feet; thence Northerly along .the central angle of 89°26'59`' to a point of Bristol Street, 100.00' feet wide; South 00°09'55" East, 84.76 feet having curve 81.68 cusp on the along the said 107.25 feet to the having a radius of 39.03 feet through a the Easterly line of ong last said Easterly line, Point of Beginning: Together with a portion of ~n a: 12.50 feet wide, adjoining the Easterly line of Lots 1 throu .nclusive, of Tract No. 5A3, in the city of Santa Aha, mge, state of California, as per map recorded in Book 18, Miscellaneous Maps in the office of the County Recorder of said ~, and described as follows: Beginning at the t corner of said Lot 1, Tract No. 543, thence along the Northerly of said Lot 1, South 89°36'54" East, 10.16 feet to a point in a ent curve concave to the East having a radius of 45.00 feet; thenc along the said curve, 8.87 feet through a central angle to a point on the Westerly line of Lots 6 and 26 of said No. 543; thence along the said Westerly line South 00°10'08" Ea~ 267.33 feet to the Southwest corner of said Lot 6, ~ract No. 543, s~fd Southwest corner also being on the Northerly line of cubbon St[eet, 5~.00 feet wide[ thence along the said Northerly line, North 89 38'5y~ West, 12.50 feet to the Southeast corner of said Lot 5 of Tract No. 5~ thence a}ong the Easterly line of said Lots 1 through 5, Tract No.~3, North OO 10'09" West, 275.85 feet to the Point of Beginning. / 035