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HomeMy WebLinkAbout95-056 - Vacating Portions of Poinsettia StreetRESOLUTION NO. 95- 056 REL: 8/4/95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING PORTIONS OF POINSETTIA STREET AND VALENCIA AVENUE NORTH OF SEVENTEENTH STREET WHEREAS, this Council heretofore adopted on July 17, 1995, Resolution No. 95-030, 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 Poinsettia Street and Valencia Avenue north of Seventeenth Street. WHEREAS, said Resolution gave notice that on August 21, 1995, at 6:00 P.M., or as soon thereafter as the matter could be heard, in the Council Chambers of the city of Santa Aha, 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 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 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 streets, and received and considered all evidence submitted; WHEREAS, this Council finds from all the evidence submitted that the said street portions described in "Exhibit A" attached hereto, 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 S 2381 of the Streets and Highway Code of the State of California, the City Council does hereby find and determine that neither said street portions nor part thereof, are useful as a nonmotorized transportation facility, as defined in S 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 portions, 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 those portions of Poinsettia Street and Valencia Avenue 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 said vacation the public service easements set forth hereinbelow. 189 RESOLUTION 95-056 Page 2 191 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, end 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 the streets hereby vacated, exclusive of the easterly ten (10) feet of Poinsettia Street. 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. ADOPTED this ATTEST: ~C~e~,C~e& t~UeYco'une 1~1 / COUNCILMEMBERS: Pulido Aye Richardson Absent Espinoza Aye Lutz Aye McGuigan Aye Mills Aye Moreno Aye APPROVED AS TO FORM: Edward ~ ~oo~e~ city Attorney CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution ~.~-~0~ to be the original resolution adopted by the City Council of the City of Santa Ana on Date: ~/7/~- Clerk of the Coun/cil ~ City of Santa Aha ( I RESOLUTION 95-056 ABANDONMENT NO. 95-A1 LEGAL DESCRIPTION Parcel 1: That certain portion of public street in the State of California, County of Orange, City of Santa Ana, known as Valencia Avenue, contained within Lots 2 and 3 in Block G of the Nob Hill Tract, recorded in Book 4, page 44 of Miscellaneous Maps Records of Orange County, California, described as follows: Commencing at the Northwest corner of said Lot 3; thence East along the North line of said Lot 3, a distance of 77.09 feet, to the Easterly corner of the land described in that certain Final Order of Condemnation, Superior Court Case No. 69 06 17, a certified copy of which was recorded October 27, 1993 as Instrument No. 93-0734293 of Official Records of said County, also being the point of beginning; thence Southeasterly along that certain line described in said Final Order of Condemnation South 53° 36' 02" East, 101.65 feet to a point in the East line of said Lot 2, said point 'being 3.26 feet Southerly from the Northeast corner of said Lot 2; thence North along the East lines of said Lots 2 and 3, a distance of 58.28 feet, to the Northeast corner of said Lot 3; thence North 88° 38' 37" West, along the North line of said Lot 3, a distance of 83.01 feet, to the Point of Beginning. parcel 2: That certain portion of public street in the State of California, County of Orange, City of Santa Ana, shown as Poinsettia Street on a Map of Nob Hill Tract, recorded in Book 4, page 44 of Miscellaneous Maps, Records of Orange County, California, described as follows: Beginning at the intersection of the East line of Lot 2 of said Nob Hill Tract, with that certain Northwest line described in that certain Final Order of Condemnation, Superior Court Cast No. 69 06 17, a certified copy of which was recorded October 27, 1993, as Instrument No. 93-0734293 of Official Records of said County, said intersection being 3.26 feet South of the Northeast corner of said Lot 2; thence South 53°36'02'East, 73.48 feet, to the East line of said Poinsettia Street; thence North 01°08'45'' East along said East line of Poinsettia, 97.72 feet, to the point in a non-tangent curve, concave Northerly, having a radius of 34.00 feet, a radial l g4 RESOLUTION 95-056 line bears North 60°47'21"West; thence Westerly along said curve through a central angle of 123°52'12'', an arc distance of 73.50 feet to the intersection with the east line of Lot 3 of said Nob Hill Tract, a radial line to said intersection bears North 63°04'51'' East, said intersection also being 3.26 feet south from the Northeast corner of said Lot 3; thence South 01"08'45 West, along the east line of said Lots 3 and 2, a distance of 55.30 feet, to the point of beginning.