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Home My WebLink About2011-059 - Vacating Two Portions of Santa Ana Boulevard Between Minter Street and Poinsettia StreetLss8/22/11 RESOLUTION NO. 2011 -059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING TWO PORTIONS OF SANTA ANA BOULEVARD BETWEEN MINTER STREET AND POINSETTIA STREET (ABANDONMENT NO. 2010 -01) 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, on August 1, 2011, adopted Resolution No. 2011 -048 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, portions of Santa Ana Boulevard between Minter Street and Poinsettia Street. B. The areas proposed for vacation include a strip of land along Santa Ana Boulevard, between Minter and Lacy, measuring 12 feet in width by 210 feet in length, identified as Area 1 on the map labeled Exhibit 1 attached hereto and incorporated by this reference; and a strip of land measuring 12 feet in width by 50 feet in length located along Santa Ana Boulevard between Garfield and Poinsettia, indentified as Area 2 on Exhibit 1. C. Resolution 2011 -048 provided notice that at a public meeting on September 6, 2011, following the 5:00 p.m. closed session, 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. 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 purpose of said vacation 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. G. This Council finds from all the evidence submitted that said portions of the street are unnecessary for present or prospective public use. Resolution No. 2011 -059 Page 1 of 3 H. Pursuant to the provisions of section 892 of the Streets and Highways Code of the State of California, the City Council does hereby find and determine that neither said portions of the street nor any part thereof are useful as nonmotorized transportation facilities, as defined in section 887 of said Code. 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. 2010 -119 will be filed for this report. Section 2. This Council does hereby order that the portion of Santa Ana Boulevard between Minter and Lacy, as shown on the map labeled Exhibit 1, and more fully described in Exhibit A, attached hereto and made a part hereof by this reference, be, and the same is hereby vacated. Section3. This Council does hereby order that the portion of Santa Ana Boulevard east of Garfield, as shown on the map labeled Exhibit 1 and more fully described in Exhibit B, attached hereto and made a part hereof by this reference, be, and the same is hereby vacated. Section 4. 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 in, upon, over and across the vacated portions of Santa Ana Boulevard, 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 these works from all hazards in, upon, and over the area of Santa Ana Boulevard hereby vacated. Section 5. 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. Section 6. Said portions of the streets shall not be deemed vacated until this resolution is recorded. Resolution No. 2011 -059 Page 2 of 3 ADOPTED this 6th day of September, 2011. APPROVED AS TO FORM: Joseph Straka Interim City Attorney r! By: ezc� aura Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinaiero, Pulido (7) None (0) ABSTAIN: Councilmembers: None 0 NOT PRESENT: Councilmembers: None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2011 -059 to be the original resolution adopted by the City Council of the City of Santa Ana on September 6, 2011. Date: ;;_-I'l �X f� Clerk of the Council J City of Santa Ana Resolution No. 2011 -059 Page 3 of 3 EXHIBIT "A" THAT PORTION OF LAND KNOWN AS SANTA ANA BOULEVARD, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AS CREATED BY THAT CERTAIN GRANT DEED TO THE COMMUNITY REDEVELOPMENT AGENCY FOR THE CITY OF SANTA ANA, A MUNICIPAL CORPORATION, RECORDED JULY 29, 2009, AS INSTRUMENT NUMBER 2009- 407882, OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 2 IN BLOCK F, AS SHOWN ON A MAP OF THE FRUIT ADDITION TO SANTA ANA EAST, RECORDED IN BOOK 5, PAGE 186 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, SAID POINT ALSO BEING ON THE SOUTH LINE OF SANTA ANA BOULEVARD; THENCE NORTHEAST ALONG SAID SOUTH LINE 100.00 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE A DISTANCE 210.00 FEET; THENCE SOUTHEAST A DISTANCE OF 12.00 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT 12.00 FEET SOUTHEAST, MEASURED AT RIGHT ANGLES TO THE THE SOUTH LINE OF SANTA ANA BOULEVARD; THENCE ALONG SAID PARALLEL LINE, SOUTHWEST A DISTANCE OF 210.00 FEET TO A POINT ON A LINE DISTANT 12.00 FEET SOUTHEAST, MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SANTA ANA BOULEVARD; THENCE NORTHWEST A DISTANCE OF12.00 FEET TO THE POINT OF BEGINNING, CONTAINING 2,520 SQ.FT SQUARE FEET (0.06 ACRES) OF LAND, MORE OR LESS. ALL AS PARTICULARLY SHOWN ON EXHIBIT "A -1" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. ENGINEER/SURVEYOR <„�`` �' pRZ PREPARED UNDER THE SUPERVISION OF: = ° o. 30790 h Exp. 3/31/12 CHARLES J. PRIOLO JR. R.C.E. 30790 DATE Jlq crvl�_ LICENSE EXP. 03/31/2012 �c pF CALVEO� SHEET 1 OF 1 • 27156 BURBANK STREET BY: TET FOOTHILL RANCH, CA VA CA TION DATE: 6-10-11 CONSULTING, INC. T. 949.9149,91 6.3800 CIVIL ENGINEERING F. 949.916.3805 SCALE: NONE LAND PLANNING & SURVEYING WVWV.CVC- INC.NET LEGAL DESCRIPTION EXHIBIT "A -1" SCALE: 1" = 80' •° ^: s P � S�Fz � to J f P.D.B. � 0 0 P.O. 10 00 2 o L�rz fFl /J /J LJr l \ ALLEY ATED BY THE CITY \ i L-07' � / 0 ANTA ANA CONCIL P � ESOLUTION NO 87- �'' \�� tt0 RECORDED SEPT 1, 1987 c,A AS INST. IN 7- 513900 O.R. ® STREET VACATION AREA SHEET 1 OF 1 BY: TET DATE, 8 -25 -11 SCALE: AS SHOWN CONSULTING, INC. CIVIL ENGINEERING LAND PLANNING 8 SURVEYING 27156 BURBANK FOOTHILL RANCH, CA 92610 T. 949.916.3800 F. 949.916.3805 WM.CVC- INC.NET SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOR STREET ACA TION 3 0 EXHIBIT "B" THAT PORTION OF LAND KNOWN AS SANTA ANA BOULEVARD, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AS DESCRIBED IN THE DEED FROM JOSE M. LUNA AND FLORENCIA LUNA TO THE CITY OF SANTA ANA, A MUNICIPAL CORPORATION, RECORDED NOVEMBER 23, 1976 IN BOOK 11971, PAGE 729 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 1 IN BLOCK 65 OF THE TOWN OF SANTA ANA EAST, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGES 43 AND 44 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, SAID POINT BEING ON THE SOUTH LINE OF SANTA ANA BOULEVARD AS SHOWN ON SAID MAP; THENCE NORTHEAST ALONG SAID SOUTH LINE 50.00 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE A DISTANCE OF 50.00 FEET TO A POINT ON SAID SOUTH LINE; THENCE SOUTHEAST A DISTANCE OF 12.00 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT 12.00 FEET SOUTHEAST, MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SANTA ANA BOULEVARD; THENCE ALONG SAID PARALLEL LINE, SOUTHWEST A DISTANCE OF 50.00 FEET TO A POINT ON A LINE DISTANT 12.00 FEET SOUTHEAST, MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SANTA ANA BOULEVARD; THENCE NORTHWEST A DISTANCE OF 12.00 FEET TO THE POINT OF BEGINNING. CONTAINING 600 SQ.FT SQUARE FEET (0.01 ACRES) OF LAND, MORE OR LESS. ALL AS PARTICULARLY SHOWN ON EXHIBIT "B -1" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. ENGINEERISURVEYOR ��``��5 �' PR PREPARED UNDER THE SUPERVISION OF: / ~ No. 30790 Exp. 3/31/12 CHARLES J. PRIOLO JR. R... 30790 DATE `�q� ci CA-�E��`� LICENSE EXP, 03/31/2012 SHEET 1 OF 1 • 27156 BURBANK STREET BY: TET FOOTHILL RANCH, CONSULTING, INC. C 92610 T. . 949.916.3800 VA CA TION DATE: 8-25 -11 SCALE: NONE CIVIL ENGINEERING LAND PLANNING & SURVEYING F. 949.916.3805 WWW.CVC- INC.NET LEGAL DESCRIPTION EXHIBIT "B -1" SCALE: 1" = 40' L�� Pao P� l LZ / �N �'� P.O.C. 07- \ STREET VACATION AREA I SHEET IOF1 BY: TET 1 DATE: s_25 -11 CONSULTING, INC. CIVIL ENGINEERING SCALE: AS SHOWN LAND PLANNING & SURVEYING U, 07'4 LINE TABLE NO. DISTANCE L1 50.00' L2 50.00' L3 12.00' L4 50.00' L5 12.00' 27156 BURBANK FOOTHILL RANCH, CA 92610 T. 949.916.3800 F. 949.916.3805 WWW.CVC- INC.NET -o G� SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOR STREET VA CA TION