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Home My WebLink About2007-082 Nunc Pro Tunc Section 2, Subsection A correctly identifies the location vacated as shown in Exhibit "B" KO 10/29/07 RESOLUTION NO. 2007-082- Nunc Pro Tunc A RESOLUTION OF THE CITY COUNCil OF THE CITY OF SANTA ANA VACATING A PORTION OF LAND AT THE NORTHEAST CORNER OF GRAND AVENUE AND FAIRHAVEN AVENUE AT 2701 NORTH GRAND AVENUE (ABANDONMENT NO. 06-04) BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF SANTA ANA AS FOllOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City Council of the City of Santa Ana adopted, on September 17, 2007, Resolution No. 2007-067 wherein it declared its intention to vacate with conditions, 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, a portion of land at the northeast corner of Grand Avenue and Fairhaven Avenue. B. The proposed abandonment area, approximately 352 square feet in area, quadrilateral-shaped, and adjacent to the concrete access ramp landing at the northeast corner of Grand Avenue and Fairhaven Avenue at 2701 North Grand Avenue, is shown on Exhibits A & B attached hereto and incorporated herein by this reference. C. Resolution 2007-067 gave notice that at its meeting of October 15, 2007, at 6:00 p.m., or as soon thereafter as the matter could be heard, this Council would hear any and all persons interested in or objecting to said proposed vacation. On October 1, 2007 the City Council continued the October 15, 2007 hearing to November 5, 2007. D. This Council finds that said Resolution has been published in the manner prescribed by law for the publishing of ordinances of the City. E. This Council further finds that notices of said proposed 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. F. 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 portions of the streets and received and considered all evidence submitted. Resolution No. 2007-082 Page 1 of 5 G. This Council finds from all the evidence submitted that said portions of the streets are unnecessary for present or prospective public use, based upon the following findings of fact: 1. Said portions of said streets are not necessary to provide access to abutting property owners; and 2. Said portions of said streets are unnecessary for present or prospective public use. H. Pursuant to the provisions of section 892 of the Streets and Highway Code of the State of California, the City Council does hereby find and determine that neither said portions of the streets nor any part thereof are useful as nonmotorized transportation facilities, as defined in section 887 of said Code. I. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review per California Code of Regulations Title 14, section 15315. Categorical Exemption Environmental Review No. 2007-63 will be filed for this report. Section 2. This Council does hereby order that that portion at the northeast corner of Grand Avenue and Fairhaven Avenue at 2701 North Grand Avenue as shown on the legal description and map labeled Exhibit A and S, respectively, attached hereto and made a part hereof by this reference, be, and the same is, hereby vacated. A. Pursuant to section 8340 of the California Streets and Highways Code, the City Council reserves and excepts from the above vacation an 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 these works from all hazards in, upon, and over the area of Grand Avenue hereby vacated. The City Council also reserves and excepts from the above vacation an easement for future street or highway purposes. Moreover, if there are any in-place public utility facilities that are in use, the City Council reserves and excepts from the above vacation an easement and right necessary to maintain, operate, replace, remove or renew the public utility facilities. Section 3. 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. Resolution No. 2007-082 Page 2 of 5 Section 4. Said portions of the streets shall not be deemed vacated until this resolution is recorded. ADOPTED this 5th day of November, 2007. APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: 7 ./ AYES: Councilmembers: Benavides. Bustamante. Martinez. Pulido. Sarmiento. Tinaiero (6) NOES: Councilmembers: None (0) ABSTAIN: Council members: None (0) NOT PRESENT: Councilmembers: Alvarez (1) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2007-082 to be the original resolution adopted by the City Council of the City of Santa Ana on November 5. 2007. Date: / ;;.j ~ 7/ tJ 7 , I - atricia E. Healy Clerk of the Council City of Santa Ana Resolution No. 2007-082 Page 3 of 5 EXHIBrr MAw LEGAL DESCRlP110N STREET ABANDONMENT IN THE CITY OF SANTA ANA. COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PARCEL OF LAND DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 2 AS SHOWN BY MAP ON FILE IN BOOK 4, PAGE 45 OF PARCEL MAPS, RECORDS OF SAID COUNTY: THENCE N SS059'38" W 79.35 FEET, ALONG THE SOUTHERLY UNE OF SAID PARCEL 2, BEING THE NORTHERLY UNE OF FAlRHAVEN AVENUE, HAVING A HALF WIDTH OF 40.00 FEET, TO AN ANGLE POINT IN SAID UNE AND THE TRUE POINT OF BEGINNING OF THE LAND DESCRIBED HEREIN: THENCE CONTINUING N 88"59'38" W ALONG THE WESTERLY PROLOGATION OF SAID UNE 15.34 FEET; THENCE N 50"07'12" W 44.08 FEET, TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 1950,00 FEET, A RADIAL UNE TO SAID POINT BEARS S 78"33'38" W: THENCE NORTHERLY ALONG SAID CURVE, BEING THE SOUTHERLY CONTINUATION OF THE EAST UNE OF GRAND AVENUE, HAVING A HALF WIDTH OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 00"11'22", AN ARC LENGTH OF 8.45 FEET TO A POINT ON SAID EASTERLY UNE, A RADIAL THROUGH SAID POINT BEARS S 78044'58" W; THENCE S 55021 'or E 61.30 FEET, ALONG THE EXISTING CORNER CUTBACK TO THE TRUE POINT OF BEGINNING. THIS PARCEL HAS AN AREA OF 349.48 SQUARE FEET MORE OR LESS. ATTACHED HERETO IS A PLAT LABELED EXHIBIT "8" AND BY THIS REFERENCE IS MADE A PART HEREOF. THIS DOCUMENT. CONSISTING OF EXHIBITS"K AND "B", WAS PREPARED BY ME OR UNDER MY DIRECTION ON OCTOBER 21, 2008. 1 1-. - tJtL- 16~2Ar~ THOMAS M. THOMSEN. P.L.S. 7200 EXPIRES 12-31-2007 Resolution No. 2007-082 Page 4 of 5 \ \ \ , EXHIBIT "Bft STREET ABANDONMENT 00' tRAD.) 0" '50. Nll"'2.11'44.. 50' l~92.89' <Ii} R=1950.00' ~~ ~ b f(j ~~ 0 lI.=02'43'46" d ." ~ ~ ~ ~~~. l'" ~. '" '" b P (; z AREA OF VACATION IS 349.48 S.F. P.O.B. - N8ll"59'J8"W 79.J5' NlllI'59'J8'V/ b . -1L _... /Il.A, 4.. lCl-Z.~ooOlo 1HClIIM II. _ o.r.TI!: P.LI. NO. 72011 ..........CYIW[~..--. ,,'1 ~ . .......:-&1'ii:I1ll~- CfMPNlY,INC. .!r~ llIISoIIIlICII1ll/l1/E.INIJIl:If11l.CA.- _(II~_ fAt(lll)IlW. ---. . 1- ~ .- 0.- IlJ: 1....T. ~IlJ:UI.T. SHr. NO..!... ~..LSl<EE1S Da1c lG-24-lOOIl Resolution No. 2007-082 Page 5 of 5