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Home My WebLink About2011-073 - Vacating a Portion of the Street at 1114 South Cypress AvenueLss10/18/11 RESOLUTION NO. 2011-073 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING A PORTION OF THE STREET AT 1114 SOUTH CYPRESS AVENUE (ABANDONMENT NO. 2010-02) 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 October 3, 2011, adopted Resolution No. 2011-064 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 the street at 1114 South Cypress Avenue. B. The area proposed for vacation is a triangular shaped unimproved portion of land, consisting of approximately 1809 square feet at the southeast corner of South Cypress Avenue and McFadden Avenue, identified as "Vacation" on the map labeled Exhibit 1, attached hereto and incorporated by this reference. C. Resolution 2011-064 provided notice that at a public meeting on November 7, 2011, 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. D. Said Resolution 2011-064 has been published in the manner prescribed by law for the publishing of ordinances of the City. E. 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 the 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. 2011-073 Page 1 of 7 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. 2011-16 will be filed for this report. Section 2. This Council does hereby order that the portion of the street at 1114 South Cypress Avenue, 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. Pursuant to section 8340 of the California Streets and Highways Code, the City Council reserves and excepts from the above vacation the easements and rights necessary at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew gas lines, public sewer lines and irrigation lines and appurtenant structures in, upon, over and across the vacated portions of 1114 South Cypress Avenue, as described in Exhibit A, pursuant to any existing franchise or renewal thereof, and for incidental purposes, including access to protect these works from all hazards in, upon, and over the area of 1114 South Cypress Avenue hereby vacated. Section 4. 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 5. Said portions of the streets shall not be deemed vacated until this resolution is recorded. ADOPTED this 7th day of November, 2011 Mayor Resolution No. 2011-073 Page 2 of 7 APPROVED AS TO FORM: By:., aura Sheedy Assistant City Attorney AYES: NOES ABSTAIN Councilmembers: Alvarez, Benavides, Bustamante, Martinez Pulido, Tinajero, Sarmiento (7) Councilmembers Councilmembers: NOT PRESENT: Councilmembers: None (0) None (0) 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. 2011-073 to be the original resolution adopted by the City Council of the City of Santa Ana on November 7, 2011. Date: ??- Clerk of the Council City of Santa Ana Resolution No. 2011-073 Page 3 of 7 EXHIBIT A Legal description for the vacation of a portion of Cypress Avenue That portion of Cypress Avenue in the City of Santa Ana, County of Orange, State of California as shown upon a map of Realty Subdivision of Lot 1, of the Mcfadden Wilson Tract per map thereof recorded in Book 3, Page 35 of Miscellaneous Maps in the Office of the Recorder of said Orange County. Said portion are also shown on Record of Survey 2006-1156 recorded in Book 224, pages 27 through 31 of Records of Surveys in the Office of said County Recorder described as follows: COMMENCING at a point in the centerline of Cypress Avenue, 80.00 feet in width as shown on said record of survey, distant thereon North 1°17"26" East 192.75 feet from the centerline of Old Mcfadden Avenue, 40.00 feet in width as shown on said record of survey; Thence, departing from said centerline, North 88°42'34" West 40.00 feet to the west right of way line of said Cypress Avenue and the TRUE POINT OF BEGINNING; Thence along said right of way line North 1017'26" East 87.93 feet to a point in a curve in the southerly right of way line of Mcfadden Avenue, 80.00 feet in width as shown on said Record of Survey, the radius point of which bears South 24°17'00" West 660.00 feet from said point; Thence southeasterly along said curve 63.30 feet through a central angle of 5029'44"; Thence departing from said right of way line South 1 °17'26" West 6.54 feet to the beginning of a non-tangent curve in the right of way line in said Cypress Avenue as shown on said Record of Survey, the radius point of which bears South 4°28'32" West 54.00 feet from said beginning: Thence southwesterly along said curve 87.82 feet through a central angle of 93°11'05" to the TRUE POINT OF BEGINNING. The above described parcel contains 1809 square feet, more or less. The above described parcel is more particularly shown on Exhibit B, attached hereto and by reference made a part hereof. See sheet 2 of 3 and sheet 3 of 3 of Exhibit A for legal descriptions of easements reserved through this Resolution Sheet 1 of 3 Resolution No. 2011-073 Page 4 of 7 EXHIBIT A Legal descriptions of easements reserved through this Resolution Those portions of Cypress Avenue in the City of Santa Ana, County of Orange, State of Califomia as shown upon a map of Realty Subdivision of Lot 1, of the Mdbdden Wilson Tract per map thereof recorded in Book 3, Page 35 of Miscellaneous Maps in the Office of the Recorder of said Orange County. Said portion are also shown on Record of Survey 2006- 1156 recorded in Book 224, pages 27 through 31 of Records of Surveys in the Office of said County Recorder described as follows: PARCEL 1, GAS COMPANY FACILITIES COMMENCING at a point in the centerline of Cypress Avenue, 80.00 feet in width as shown on said record of survey, distant thereon North 1 °17"26' East 192.75 feet from the centedine of Old Mcfadden Avenue, 40.00 feet in width as shown on said record of survey; Thence, departing from said centerline, North 88°42'34' West 40.00 feet to the west right of way line of said Cypress Avenue and the TRUE POINT OF BEGINNING and to a point to be known as POINT A; Thence northeasterly along a non-tangent curve in the right of way line in said Cypress Avenue as shown on said Record of Survey, the radius point of which bears South 88°42'34° East 54.00 feet from said POINT A, a distance of 38.62 feet through a central angle of 40°58'20'; Thence departing from said curve North 88°42'34' West 13.23 feet to the west right of way line of said Cypress Avenue; Thence South 1°17'26' West along said west line 35.41 feet to the POINT OF BEGINNING. The above described parcel contains 148 square feet, more or less. PARCEL 2, CITY PUBLIC SEWER FACILITIES A strip of land, 20.00 feet in width, lying 10.00 feet on each side of the folkywing described Line; Commencing at the above described POINT A; Thence northeasterly along the above described 54.00 foot radius curve in the right of way line of said Cypress Avenue 70.66 feet through a central angle of 74°58'27' to the TRUE POINT OF QEGINNING of said strip; Sheet 2 of 3 Resolution No. 2011-073 Page 5 of 7 Thence North 1 °17'26° East 17.21 feet to a point in curve in the southerly right of way line of Mcfadden Avenue, 80.00 feet in width as shown on said Record of Survey and the terminus of said line. The above described parcel contains 350 square feet, more or less. PARCEL 3, CITY IRRIGATION FACILITIES. A strip of land, 7.00 feet in width, the easterly line of said strip lying parallel with and distant easterly 7.00 feet from the east line of the above described Parcel 2. The above described parcel contains 59 square feet, more or less. The above described three parcels are more particularly shown on Exhibit B, attached hereto and by reference made a part hereof. Prepared in the Office of ' Leonard C. Stiles PLS 5023 License Expires 12/31/2011 September 2, 2011 Sheet 3 of 3 Resolution No. 2011-073 Page 6 of 7 EXHIBIT B 0 20' C,c'40 ?? SCALE 9"-40' N ? I B ?N ° fS? Y?w•L.! / '1rr+w f•?:L^t r'?.riw"'i J ''r 4] f; :?•3 i •.ti,.'i.:.,.3'• r 1 .a r. =s} i f's' :%• ; 2-I O4j . ?' CD VACATION C12 =N, b' LINE BEARING HORIZ DIST 1809 &F. C13 2 L1 S88'42'34'E 13.23' Z Cq C14.- : L2 N1'1T26"E 25.94' `.1 ;O --? •L4 3 '•.-'a L3 N1'lr26"E 1721' to L5%. L4 N1'17'26'E 10.35' C10 L5 N7'1726"E 6.54' 3y; •°???? ?? It Ce CURVE RADIUS ARC DELTA ? T.P.O.B' o •'?d•W / C1 54.00' 38.62' 40°58'20" L1 : aC2 54.00' 87.87 93°1105' i C3 54.00' 70.66' 74°58'2T w C1i°? / C4 660.00' 63.30' 5°29'44' N C5 660.00' 28.54' 2'28'40' }y , ?'? ?• C6 54.00' 26.18' 27'46'53' C7 54.00' 21.34' 22638'25" Z Z / C8 54.00' 10.71' 11 °21'42' ;? I I C9 %00' 7.00' 7.25'Sr POINT A C10 54.00' 10.16' 10°46'41' 1 C11 660.00' 32.95' 2°51'38" / C12 660.00' 11.16' O'58'OT i_ 1 % ! 40.00' i 14.00' ?- C13 660.00' 11.25' 0°58'37" --.__---_-_ _ __ I -_-_J/ W C14 660.00' 7.94' 0°41'21' N88°42'34'W red. 54.00' .EGEND - • :i= Denotes boundary of vacation W CO J'•? LL Easement Easement reserved for Gas Co. facilities z i 06 2O Easement reserved for City public sewer facilities Q w ' O p O3 Easement reserved for City irrigation facilities CO) 14 i Q N zI g w on- Z ? U ? i Ai --- ?1- - OLD MCFADDENA VENUE ! SHEET 1 OF 1 Traumas PC Resolution No. 2011-073 Page 7 of 7