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HomeMy WebLinkAbout83-1233/88 EXHIBIT A NOT ATTACHED TO RESOLUTION REL:adg 10/3/83 RESOLUTION NO. 83-123 MOPOED:Ji: E00'GPAGE N0:- 3i DEED P:O..- 3 Q 1 6 A RESOLUTION OF THE CITY COUNCIL OF THETIMT: —. CITY OF SANTA ANA VACATING A PORTION OF LINCOLN AVENUE NORTH OF SANTA ANA BOULEVARD WHEREAS, this Council heretofore adopted on September 6, 1983, Resolution No. 83-103, 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, a portion of Lincoln Avenue north of Santa Ana Boulevard, as specifically described herein- below; and WHEREAS, said Resolution gave notice that on October 3, 1983, at 7:30 p.m., or as soon thereafter as the matter could be heard, in the City Council Chambers of the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California, this Council would hear any and all persons interested in or objecting to said proposed vacation of said street portion; and WHEREAS, this Council finds that notice of said hearing has been published and posted in the manner prescribed by law; and WHEREAS, on October 3, 1983 said hearing was continued to October 10, 1983 at the same time and place; and WHEREAS, this Council, at the time and place set for hear- ing, heard any and all persons interested in or objecting to said proposed vacation of said street portion, and received and considered all evidence submitted; and WHEREAS, this Council finds from all the evidence sub- mitted that the said street portion described in "Exhibit A" attached hereto, is unnecessary for present or prospective public use, based on the following findings of fact: 1. Said street portion is not necessary to provide access to the abutting property owner; 2. Said street portion is not necessary or convenient for servicing the flow of traffic; and WHEREAS, pursuant to the provisions of S 2381 of the Streets and Highways Code of the State of California, the City Council does hereby find and determine that said street portion is not useful as a nonmotorized transportation facility, as defined in S 156 of said code; and RESOLUTION NO. 83- 123 WHEREAS, pursuant to the provisions of § 8340(c) of 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 portion, and that easements will hereby be reserved for said facilities; and WHEREAS, based upon the findings contained in Initial Study No. 83-86, on file in the office of the Director of Planning and Development Service, the City Council hereby approves the Negative Declaration issued thereon, and its finding that the said vacation will not have a significant effect on the environment; 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 that portion of Lincoln Avenue north of Santa Ana Boulevard described in "Exhibit A" attached hereto and incorporated herein by reference, be, and the same is, hereby vacated, reserving and excepting from said vacation the public serv- ice easements set forth hereinbelow. 2. Reserved and excepted from the abovesaid vacation is the permanent easement and right at any time, or from time to time, to construct, maintain, operate, re- place, remove and renew sanitary sewers and storm drains and appurtenant structures in, upon, over, and across the hereinabove described real property, 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 transporta- tion or distribution of electric energy, petroleum and its products, ammonia, and water and for incidental pur- poses, including access to protect the same from all hazards in, upon, and over the hereinabove prescribed real property. RESOLUTION NO. 83-123 PAGE THREE 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 24th day of ATTEST: 6.%a-*, Janice C Guy _ Clerk of tohe Council COUNCILMEMBERS: October 19/983. R.W. Luxembourger Mayor Luxembourger Aye � Griset ye - Acosta -Tye APPROVED AS TO FORM: Bricken lye Johnson ` McGuigan �- Cooper Young Aye Edward J. Cooper City Attorney r- EXHIBIT "A" LEGAL DESCRIPTION All that certain real property situated in the City of Santa Ana, County of Orange, State of California, more particularly described as follows: That certain portion,of Lincoln Avenue, 50 feet wide, as shown on a Map of Hawkins Addition to Santa Ana, recorded in Book 13, page 26 of Miscellaneous Records of Los Angeles County, California, bounded northerly by the easterly prolongation of the north line of Lot 5, Block 'E" of said Hawkins Addition and bounded southerly by the easterly prolongation of the south line of Lot 5, Block 'E" of said Hawkins Addition, the westerly boundary of said Lincoln Avenue being also the east line of Lot 5, Block "E" of said Hawkins Addition. EXCEPTING therefrom that portion lying easterly of the following described line: Beginning at a point on the easterly prolongation of the north line of said Lot 5, said point being distant easterly 15.95 feet from the northeast corner of said Lot 5; thence southerly to a point on the easterly broiongation of the south line of said Lot 5, said point being distant easterly 14.00 feet from the sout'east corner of said Lot 5. - ALSO EXCEPTING therefrom that portion, lying within Santa ..-:a Boulevard, 104 feet in width. ALSO RESERVING and excepting therefrom the permanent 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 pursuant to existing franchises or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew and er.large lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment and fixtures—for the"operation of–gas-�ine�ZTes–t=_degraphiz --- and telephone lines, railroad lines, and for the transportation or distribution of electric energy, petroleum and its products, ammonia, water and incidental purposes, incluling access and the right to keep the property free C rom inflammable materials and wood growth, and otherwise protect the same from all. hazards, and for any other 7.:nicipal purposes, in, upon, over and under the hereinabove described real property.