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HomeMy WebLinkAbout91-108REL: 10/31/91 047 RESOLUTION NO. 91- 108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING SIXTH STREET EAST OF GRAND AVENUE. WHEREAS, this Council heretofore adopted on October 21, 1991, Resolution No. 91-096, 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, Sixth Street east of Grand Avenue. WHEREAS, said Resolution gave notice that on November 18, 1991, at 6:00 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 transportation facility, as defined in § 156 of said Code; and RESOLUTION 91-108 Page 2 049 W~EREAS, 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 Sixth Street east of Grand 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 northerly sixty (60) feet of the area of Sixth Street east of Grand 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 RESOLUTION 91-108 Page 3 0 ~ ]~ forthwith in the office of the Recorder of Orange County. ADOPTED this 18th day of November , 1991, ATTEST: COUNCILMEMBERS: Young A.ye Acosta Aye Griset Aye ~i chardson Aye McGuigan Aye Norton Aye Pulido ~bstai ned APPROVED AS TO FORM: City Attorney CERTIFICATE OF ORIGINALITY State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution ~/--/6)~ to be the original resolution adopted by the City Council of the City of Santa Ana on I/- ~Cl/erk of th~ Co~ncl~,' Date City of Santa Ana RESOLUTIO~I 91-108 EXHIBIT "A" LEGAL DESCRIPTION SIXTH STREET ABANDONMENT That portion of Lots 8 and 9 of the East Side Addition to Santa Ana in the City of Santa Aaa, County of Orange, State of California, as shown on the map recorded in Book l, Pages 21 and 22 of Miscellaneous Maps in the office of the County Recorder of said County, described as follows: Commencing at the intersection of the centerline of Grand Avenue with the centerline of Sixth Street, formerly Central Avenue, as shown on said map; thence South 0°00'15'' East 64.84 feet along said centerline of Grand Avenue; thence North 89059'45'. East 50.00 feet to the TRUE POINT OF BEGINNING, said point being on a line parallel with and Easterly 50.00 feet from said centerline of Grand Avenue, said point being the beginning of a non-tangent curve concave Southeasterly having a radius of 25.00 feet, a radial line to said point bears South 89059'45'. West, said point being also on the Southerly line of Parcel 1 of the easement for public street purposes to the City of Santa Ana recorded July 2, 1984 as Instrument No. 84-273782 of Official Records in the office of said County Recorder; thence along the Southerly and Easterly lines of said Parcel 1, the followin~ courses: Northerly and Easterly 39.22 feet along said curve through a central angle of 89°52'47% North 89052'32'' East 390.60 feet and North 0005'45" East 10.00 feet to the Southerly line of said Sixth Street; thence North 89°52'32" East 116.00 feet along said Southerly line to a line parallel with and Westerly 30.00 feet from the centerline of McClay Street, 60.00 feet in width, as shown on the map of Tract No. 339 recorded in Book 16, Page 8 of Miscellaneous Maps in the office of said County Recorder; thence North 0005'45.. East 60.00 feet along said last mentioned parallel line to the Northerly line of said Sixth Street; thence along said Northerly line, the following courses: South 89052'32.. West 506.62 feet to the beginning of a tangent curve concave Northeasterly having a radius of 25.00 feet and Westerly and Northerly 39.32 feet along said curve through a central angle of 90°07'28'' to said first mentioned parallel line; thence along said first mentioned parallel line, the following courses: SOUTH 55.05 feet and South 0°00'15'. East 64.95 feet to the true point of beginning. I RESOLUTION LO-F '0 ~ 50OrH ~ 5.0°00'16"£. 6~. LO-F 6 EXHIBIT A I