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HomeMy WebLinkAbout84-151REL:adg 11/2/84 RESOLUTION'NO. 84-t51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING A PORTION OF CENTRAL AVENUE BETWEEN MAIN STREET AND CYPRESS AVENUE WHEREAS, this Council heretofore adopted on November 5,' 1984, Resolution No. 84-130, 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 Central Avenue between Main Street and Cypress Avenue, as specifically described hereinbelow; and WHEREAS, said Resolution gave notice that on December :3, 1984, at 7:30 p.m., or as soon thereafter as the matter could be heard, in'the City council Chambers of the City ~f San~a Ana, 20 Civic 'Center Plaza, Santa Ana, California, t'his Council would hear any and all persons interested in or objectin~ ~o said proposed vacation of said street, portion; and WHEREAS, this Council finds that notice of safd hearing has been published and posted in the manner prescribed by law; 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 consid- ered 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 to the abutting property owner; 2. Said street portion is not servicing the flow of traffic; and WHEREAS, pursuant to the provisions of ~ 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 ~ 156 of said code; and necessary to provide access necessary or convenient for RESOLUTION NO. 84-151 PAGE TWO 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; NOW, THEREFORE, BE'I~iRE$OLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. That this Council does hereby order that that portion of Central Avenue between Main Street and Cypress Avenue described in "Exhibit A" attached hereto and incorporated herein by r~f- erence, be, and the same is, hereby vacated, reserving and excePt- ing from said vacation the public service easements set forth hereinbelow. 2. Reserved and excepted from the abovesaid vacation is the permanent easement and right at any time, or from time to time, pursuant to any existing franchise or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment and fixtures for the operation of telegraphic and telephone lines, including access to protect the same from all hazards, in, upon, and Over the hereinabove described real property. certified copy hereof, attested by her under seal, to be forthwith in the office of the Recorder of Orange County. The clerk of the council is hereby directd to cause a recorded ATTEST: ADOPTED this 10th day of December . . Daniel E. Griset Mayor , 1984. ~nice C. Guy. Clerk of the CounciI COUNC!LMEMBER$: Luxembourger Aye Griset Aye Acosta Aye Hart Aye Johnson Aye McGu igan Ay~ Young Aye APPROVED AS TO FORM;. ~d-~ar~. 9ooper- City ~kt~ney of Abandonment of a Portion Central Avenue, Main to Cypress Legal Description Ail 'that certain real property'in the City of Santa Aha, County of Orange, State of California, described as the Southerly 10.00 feet of Central Avenue, as shown on that certain Map of South Santa Aha recorded in Book 5, page 43 of Miscellaneous Maps of said Orange County, bounded Easterly by the West line of Cypress Avenue, as shown on said Map, and bounded Westerly by a line parallel with and distant Easterly 11.00 feet from the East line of Main Street, as shown on said map. Excepting therefrom that portion lyinG Northwesterly of a curve concave Southeasterly, having a radius of 25.00 feet, being tangent to the North line of said Southerly 10.00 feet, and tangent to said parallel line. Also excepting therefrom that portion lying Northeasterly of a curve concave Southwesterly, having a radius of 15.00 feet, being tangent to the North line of said Southerly 10.00 feet, and tangent to said West line of Cypress Avenue. EXHIBIT A