HomeMy WebLinkAbout91-081D~D ,~-_
RESbLUTION NO. 91- 081
313
REL: 8/9/91
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA VACATING AN EXCESS
RIGHT-OF-WAY PORTION OF BIRCH STREET
SOUTH OF THIRD STREET
WHEREAS, this Council finds and determines that a certain
portion of Birch Street, south of Third Street, in the City of
Santa Ana, more specifically described hereinbelow, is unnecessary
for present or prospective public use, for the following reasons:
(1) The said portion of Birch Street is not now used for
vehicular traffic and is not necessary for the smooth flow of
vehicular traffic;
(2) The said portion of Birch Street is not necessary to
provide access to abutting property owners; and
WHEREAS, for the above reasons, this Council further finds and
determines that the said portion of Birch Street is excess right-
of-way not required for street purposes; and
WHEREAS, pursuant to the provisions of § 2381 of the Streets
and Highways Code of the State of California, this Council does
find and determine that no part of the abovesaid portion of Birch
Street is useful as a nonmotorized transportation facility, as
defined in § 156 of said Code; and
WHEREAS, this Council finds and determines that there are no
in-place public utility facilities in the abovesaid portion of
Birch Street that are in use and would be affected by the vacation
of said portion of Birch Street;
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, § 8334 thereof, that portion of
Birch Street in the City of Santa Ana specified in Exhibit A,
attached hereto and incorporated herein, is, under the facts
hereinabove recited, hereby vacated and, from the date this
resolution is recorded in the office of the Recorder of Orange
County, shall no longer constitute a street or any portion thereof,
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
appurtenant structures in, upon, over, and across said vacated
street and, pursuant to any existing franchise or renewals thereof,
1
RESOLUTIOH 91-081
PAGE T~O
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, ammonia, and water,
and for incidental purposes, including access to protect such works
from all hazards in, upon, and over said vacated street.
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.
3. The Mayor is authorized to execute a quitclaim deed to the
owner of the property to the east of, and adjacent to, the
abovesaid street portion with regard to any right, title or
interest the City of Santa Ana may have in said street portion,
other, than the above described public service easement, and to
cause the same to be delivered to said owner.
ADOPTED this lg~h day of
August , 199~_.
ATTEST:
Mayor
COUNCILMEMBERS:
Young Aye
Pulido Aye
Acosta Aye
Griset Ave
McGuigan Ave
Norton AYe
Richardson Aye
APPROVED AS TO FORM:
City Attorney
2
CERTIFICATE OF ORIGINALITY
State of California
County of Orange
I, JANICE C. GUY, Clerk of the Council, do hereby certify the
attached Resolution 9/- ~/ to be the original resolution
adopted by the City Council of the City of Santa Ana on
Clerk of the Cou , Date
City of Santa Ana
[ A
Minter. House Abandonment
Legal Description
That portion of Birch Street, as shown on that certain map of the'Park
Tract Addition to Santa Ama filed in Book 1, page 30 of Records of
Survey of Orange County, California, bounded Southerly by a lime parallel
with and 25 feet Southerly of the Westerly prolongation of the North line
of Lot 47 of said Park Tract, and bounded Northerly by the prolongation
of the South line of Third Street.
~ ~18
THIRD STREET
!
~ [ Shonkle
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SECOND "~ STREET
FIRST STREET
A-12 SITE------
MINTER EXCHANGE PARCEL
MINTER HOUSE
PROPOSED
ABANDONMENT
EX:"tlBIT A