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11/05/90.RS7
RESOLUTION NO. 90-116
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA VACATING
BEWLEY STREET NORTH OF WASHINGTON
AVENUE.
WHEREAS, this Council heretofore adopted on
November 19 , 1990 , Resolution No. 90-103 , 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, Bewley Street
north of Washington Avenue.
WHEREAS, said Resolution gave notice that on
Oe£~mber ]7 ,199~_, at 4:30 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; 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 as thus continued heard any and all persons interested in
or objecting to said proposed vacation of said street, and received
and considered all evidence submitted;
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. Said street is not necessary to provide access to
abutting property owners.
2. Said street is 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
Council does hereby find and determine that neither said street
portion nor part thereof, is useful as a nonmotorized
118 RESOLUTION
PAGE TWO
transportation facility, as defined in § 156 of said Code; and
WHEREAS, pursuant to the provisions of § 8340(c) of the
said Streets and Highways Code, the City Council does hereby find
and determine that there are in-place utility facilities that are
in use in said street portion, and that easements will hereby be
reserved for said facilities.
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 Bewley
Street north of Washington Avenue, 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 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 appurtenant structures, 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 line, railroad lines, and for
the transportation or distribution of electric energy, petroleum
and its products, ammonia, and water, and for incidental purposes,
including access to protect such works from all hazards in, upon,
and over the area of Bewley Street north of Washington Avenue
hereby vacated.
3. 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 at such
time as both of the following conditions have been satisfied:
(a) The Clerk of the Council has received written
notification from the Executive Director of Community Development
that The John Delulco Trust has acquired title to all parcels
taking access off of Bewley Street north of Washington Avenue.
(b) The Clerk of the Council has received written
notification from the Executive Director of Public Works that the
following street improvements have been completed in accordance
with plans and specifications approved by the City:
(1) Reconstruction of Bewley Street north of Washington
Avenue and the intersection of Bewley Street and
Washington Avenue.
(2) Removal of existing deteriorated A.C. pavement on
Washington Avenue and its replacement by new pavement.
RESOLUTION NO. 90-116 tt,~
PAGE THREE
(c) The Clerk of the Council has received written notifi-
cation from the Executive Director of Planning and Building Safety
that a recordable subdivision map has been filed with the City
showing the merger of all parcels owned by The John Delulco Trust
into a single parcel.
4. Bewley Street north of Washington Avenue shall not
be deemed vacated until this resolution is recorded. Closure of
Bewley Street north of Washington Avenue to vehicular traffic, as
appropriate to allow for the construction of the abovesaid public
improvements prior to the recordation of the resolution, is hereby
approved pursuant to section 21101 of the California Vehicle Code.
ADOPTED this ]Tth day of December , 1990.
ATTEST:
Clerk of the Coun~i/1
COUNCILMEMBERS:
ae
Young ay~__ee
Acosta
Griset ~ye
Ri~ards0n Aye
McGuigan Aye
Norton Ah~nt
Pulido Aye
Daniel
Mayor
APPROVED AS TO FORM:
Edw~r~. ~Q~er
City Attorney
i20
CERTIFICATE OF ORIGINALITY
State of California
County of Orange
I, JANICE C. GUY, Clerk of the Council, do hereby certify the
attached Resolution ~ -- //~ to be the original resolution
adopted by the City Council of the city of Santa Ana on
~le~rk of the Co~n~, Date
City of Santa Ana
Bewley Street Abandonment
Legal Description
Ail that certain real property shown as Bewley Street on a map of Tract
No. 5695 recorded in Book 208, page 39, Records of Orange County,
California, bounded Southerly by a line parallel with and 30.00 feet
Together with the following-described real property:
Beginning at the Northeast corner of Lot 6 of Tract No. 5695 recorded in
Book 208, pages 39 and 40 of said Miscellaneous Maps; thence North
02°30'25" East 19.27 feet to the beginning of a nontangent curve concave
Southerly having a radius of 29.00 feet a radial to said curve bears
South 89°32'06" West; thence Northerly, Easterly and Southerly 91.11 feet
along said curve through a central angle of 180°00'00" to a nontangent
line; thence South 03"24'10" East 19.50 feet along said nontangent line
to the Northwest corner of Lot 7 of said Tract No. 5695; thence South
89°45'18" West 60.00 feet along the Northerly boundary of said tract to
the Point of beginning, as granted to the City of Santa Ana by deed
recorded December 20, 1973 in Book 11034, page 103, as Document No. 15150
in Official Records of Orange County, California.
EXHIBIT A
R.S. ~£ - 3
I "-- I00'
.%,032 .~C (C.)
H~HBOR
P. S 78 - /4
3, 057AC
BOULEVARD
L
PROPDdED ABt~NDONMENT SHOWH THUS
ABANDONMENT 90-A4
EXHIBIT A