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HomeMy WebLinkAbout86-058RESOLUTION NO. 86-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING A PORTION OF BIRCH STREET BETWEEEN FIRST STREET AND A LINE 75 FEET SOUTH OF THE SOUTH LINE OF THIRD STREET AND A PORTION OF SECOND STREET BETWEEN BIRCH STREET AND A LINE 100 TO 130 FEET WEST OF THE WEST LINE OF BROADWAY, AND AN ALLEY EXTENDING SOUTH 150 FEET FROM THE SOUTH SIDE OF THIRD STREET AND AN ALLEY BETWEEN BIRCH STREET AND BROADWAY NORTH OF FIRST STREET. REL :k-5 06/06/86 WHEREAS, this Council heretofore adopted on May 19, 1986, Resolution No. 86-39, 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 Birch Street between First Street and a line 75 feet south of the south line of Third Street and a portion of Second Street between Birch Street and a line 100 to 130 feet west of the west line of Broadway, and an alley extending south 150 feet from the south side of Third Street specifically described herein- below; and W/qEREAS, said Resolution gave notice that on June 16, 1986, at 7:30 P.M., or as soon thereafter as the matter could be heard, in the 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 the said street portion; and WHEREAS, this Council finds that said Resolution has been published in the manner prescribed by law for the publishing of ordinances of the City; and WHEREAS, this Council further finds that notices of said proposed street 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; and WHEREAS, on June 16, 1986, after 7:30 P.M., the City Council continued the said hearing to June 17, 1986 at 5:30 P.M. or as soon thereafter as the matter could be heard, in the said City Council Chambers; and WHEREAS, this Council at the time and place set for hearing as thus continued 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 RESOLUTION NO. 86-58 PAGE TWO WHEREAS, this Council finds from all the evidence submitted that the said street portions described in "Exhibit A" attached hereto, is unnecessary for present or prospective public use, based upon the following findings of fact: 1. Ail property adjacent to the said portions of said streets and the underlying fee of said street has been or will be acquired by the Community Redevelopment Agency of the City of Santa Ana, to be conveyed to a private developer for development as an apartment complex, except the property to the west of Birch Street which is held by the City of Santa Ana as a public park. 2. Said apartment complex will not require access to or from said portions of said streets. No other property requires access to or from said portions of said streets. 3. Said portions of said streets are not necessary or convenient for servicing the flow of traffic. WHEREAS, pursuant to the provisions of §2381 of the Streets and Highway Code of the State of California, the City Council does hereby find and determine that neither said street portion nor part thereof, is useful as a nonmotorized transportation facility, as defined in ~156 of said Code; and WHEREAS, pursuant to the provisions of ~8340(c) of the 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 IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. That this Council does hereby order that a portion of Birch Street between First Street and a line 75 feet south of the south line of Third Street and a portion of Second Street between Birch Street and a line 100 to 130 feet West of the west line of Broadway, and an alley extending south 150 feet from the south side of Third Street and an alley between Birch Street and Broadway north of First Street in the City of Santa Ana, described in "Exhibit A" attached hereto and made a part hereof by this reference, be, and the same is, hereby vacated, reserving and excepting from said vacation the public service easements set forth hereinbelow. 2. Reserved and excepted from the abovesaid vacation, with regard to Birch Street only, is easement and right at RESOLUTION NO. 86-~ PAGE THREE any time, or from time to time, to construct, maintain, operater replacer remover and renew sanitary sewers 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, and other convenient structures, equipment, and fixtures for the transportation and distribution of water, and for incidental purposes, including access to protect such works from all hazards, and a right of access for emergency vehicles, in the area of the Birch Street hereby vacated. 3. The findings of this Council in its Ordinance adopting Specific Development Plan No. 39 are incorporated herein by reference. 4. This resolution shall not be effective until recorded. 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 upon receipt of written notice from the Executive Director of the Community Redevelopment Agency of the City of Santa Ana that the said Agency is prepared to proceed with the removal of street improvements from the said portions of said streets. ADOPTED this 17th day of June , 1986 ATTEST: COUNCILMEMBERS: Acosta Aye Griset Aye Hart ~ Johnson Aye Luxembourger Aye MeGuigan Aye Young Aye APPROVED AS TO FORM: ~r~AtF~per EXHIBIT A-12 Site Abandonment Legal Description That portion of Birch Street, as shown on that certain map of The Park Tract Addition to Santa Ana filed in Book 1, page 30 of Records of Survey of Orange County, California, bounded Southerly by a line parallel with and 70 feet Northerly of the centerline of First Street, as said First Street is shown on said map, and bounded Northerly by the Westerly prolongation of a line parallel with and 25 feet Southerly of the North line of Lot 47 of said Park Tract; Together with that portion of Second Street, as shown on said map, bounded Westerly by the East line of said Birch Street, and bounded Easterly by a line from the Southeast corner of Lot 41 of said Park Tract, to the Northwest corner of Lot 36 of said park Tract; Together with the North 150 feet of that certain 10 foot wide alley extending Southerly from Third Street, as shown on said map, and bounded Southerly by the Westerly prolongation of the North line of Lot 42 of said Park Tract; Together with that certain 10 foot wide alley extending Easterly from said Birch Street and bounded Easterly by the West line of Broadway as shown on said map of the Park Tract; Together with that certain portion of Lot 31 of said Park Tract enclosed within a spandrel shaped area bounded Westerly by the East line of said Birch Street, bounded Southerly by said line parallel with and 70 feet Northerly of the centerline of First Street, a~d bounded Northeasterly by the arc of a curve concave Northeasterly, having a radius of 25 feet, being tangent to said Westerly and Southerly boundaries; Together with that certain portion of Lot 29 of said Park Tract enclosed within a spandrel shaped area bounded Easterly by the West line of said Birch Street, bounded Southerly by said line parallel with and 70 feet Northerly of the centerline of First Street, and bounded Northwesterly by the arc of a curve concave Northwesterly, having a radius of 25 feet, beieg tangent to said Easterly and Southerly boundaries.