HomeMy WebLinkAbout92-088 - Vacating Portions of Westwood Avenue and Towner Street North of Civic Center Drive595
RESOLUTION NO. 92-088
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA VACATING PORTIONS OF WESTWOOD
AVENUE AND TOWNER STREET NORTH OF CIVIC CENTER
DRIVE
WHEREAS, this Council heretofore adopted on September 8,
1992, Resolution No. 92-082, 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, portions of Westwood Avenue and Towner
Street north of Civic Center Drive;
WHEREAS, said Resolution gave notice that on October 5,
1992, 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 Aha, California, this Council would hear any
and all persons interested in or objecting to said proposed
vacation of the said streets; 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 vacations 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 streets and received and considered
all evidence submitted;
WHEREAS, this Council finds from all the evidence
submitted that the said streets are unnecessary for present or
prospective public use, based upon the following findings of fact:
1. Said streets are not necessary to provide access to
abutting property owners.
2. Said streets 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
Council does hereby find and determine that neither said streets
nor any part thereof, are useful as nonmotorized transportation
facilities, as defined in § 156 of said Code;
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RESOLUTION 92-088
PAGE 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SANTA ANA AS FOLLOWS:
1. This Council does hereby order that those portions of
Westwood Avenue and Towner Street more specifically described in
"Exhibit A" attached hereto and made a part hereof by this
reference, be, and the same are, 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 appurtenant
structures in, upon, over, and across said vacated streets 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, ammonia, and water,
and for incidental purposes, including access to protect such works
from all hazards in, upon, and over said vacated streets.
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 easements shall have been dedicated to the
City of Santa Aha by the owner or owners of the areas designated
for such easements:
(1)
An easement for street purposes for the cul-de-sacs
for Westwood Avenue and Towner Street pursuant to
plans approved by the City's Public Works Agency;
(2)
An easement for street purposes for the widening of
civic Center Drive to a distance of forty (40) feet
north of street centerline;
(3)
A twenty (20) foot wide easement for storm drain
purposes pursuant to plans approved by the City's
Public Works Agency.
(b) Either (i) the following street improvements shall have
been completed in accordance with plans approved by the city's
Public Works Agency:
(1) The cul-de-sacs on Westwood Avenue and Towner
Street;
(2) The closures of Westwood Avenue and Towner Street
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597
RES0LUTI0~ 92-088
PAGE 3
at civic Center Drive with curb, gutter, driveways
(where allowed by plans approved by the city),
pavement and full-width sidewalk;
(3) The construction of storm drains from the Westwood
Avenue and Towner Street cul-de-sacs to Civic
Center Drive;
or (ii) an agreement for the installation of such improvements
shall have been executed between FHP, Inc. and the city providing
for the subsequent installation of the abovesaid street
improvements by FHP, Inc. within a specified time period, which
agreement shall be secured by a faithful performance bond in the
amount of the estimated cost of the street improvements. The
Executive Director of the Public Works Agency is hereby authorized
to negotiate and execute such an agreement on behalf of the city,
subject to approval as to form by the City Attorney, and to accept
and release the said bond on behalf of the City.
3. No final map shall be approved pursuant to the Subdivision Map
Act which would, if recorded, have the effect of vacating those
portions of Westwood Avenue and Towner Street which are described
in Exhibit A of this resolution pursuant to section 66499.20~ of
the Subdivision Map Act until the conditions specified in section
2 of this resolution have been satisfied.
4. The abovesaid streets shall not be deemed vacated pursuant to
this resolution until this resolution is recorded. Closure of the
abovesaid streets to vehicular traffic, as appropriate to allow for
the construction of the abovesaid public improvements prior to
recordation of this resolution, is hereby approved pursuant to
section 21101 of the California Vehicle Code.
ADOPTED this 5th day of October , 199_2~.
ATTEST:
Mayor
COUNCILMEMBERS:
Young Aye
Pulido Aye
Acosta Aye
Griset Aye
McGuigan Aye
Norton Aye
Richardson Ay~
APPROVED AS TO FORM:
City Attorney
3
600
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
/0- ~-- ?~
City of Santa Ana
EXHIBll A , 601
Abandonment No, 91-A4
Legal Description
Wgetwood Avenue
That certain portion of public street in the City of Santa Aha, County of
Orange, State of California, shown ae Weetwood Avenue on that certain map
recorded in Book 30, page 8 of Records of Surveys of said County, said
portion being 60.00 feet wide, bounded Southerly by a line parallel with and
40.00 feet Northerly of the centerline of Eighth Street, now called Civic
Center Drive, as sho~ra on said map, and bounded Northerly by a nontangent
curve described as follows:
Beginning at a poinn of intersection of said curve with the West line of said
Westwood Avenue, said point being 162.15 feet North of the centerline of said
Civic Center Drive~ said cu~*e being concave Northerly, having a radius of
38.00 feet, a radial line through said point of intersection bears North
52°24'57" East (For the purposes of this description, the centerline of Civic
Center Drive bears South 89°42'40" West.); thence Easterly along said curve
through a central angle of 104~16'34'' an arc length of 69.16 feet to a point
of intersection with the East line of said Westwood Avenue.
Together with that certain spandrel-shaped area as granted to the City of
Santa Ana by deed recorded March 19, 1965 in Book 7452, page 657 as Document
No. 17246 in Official Records of Orange County, California.
ToWl~er St%est
That certain portion of public street in the City of Santa Aha, County of
Orange, State of California, shown as Towner Street on that certain map of
Tract No. 731 recorded in Book 21, page 47 of Miscellaneous Maps, records of
said County, said portion being 60.00 feet wide, bounded Souuherly by a line
parallel with and 50.00 feet Northerly of the csnterline of Eighth Street,
now called Civic Center Drive, aa shown on said map, and bounded Northerly by
the following described line:
Beginning au a point in the East line of said Towner Street, said point being
158.27 feet North of the centeriine of said Civic Center Drive, said poinn
being a point of tangency with a curve concave Northerly, having a radius of
38.00 feet, a radial line through said point bears North 89°59'40" East (For
the purposes of this description, the centerline of Civic Center Drive bears
South 89°42'40'' West.); thence Southwesterly along said curve through a
central angle of 125'22'16", an arc length of 83.15 feet to a point of
intersection wiuh the West line of said Towner Street.
Together with that certain spandrel-shaped area as granted to the City of
Santa Aha by deed recorded September 13, 1971 in Book 9800, page 872 as
Document No. 9492 in Official Records of Orange County, California.
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LD91A4