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HomeMy WebLinkAbout85-001REL:adg 12/6/84 RESOLUTION NO. 85-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING A PORTION OF WRIGHT STREET BETWEEN FIRST STREET AND FOURTH STREET WHEREAS, this Council heretofore adopted on December 17, 1984, Resolution No. 84-15~, 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 Wright Street between First Street and Fourth Street, as specifically described hereinbelow; and WHEREAS, said Resolution gave notice that on January 7, 1985, 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, 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 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 § 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 RESOLUTION NO. 85~ 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 Dortion, 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 that portion of Wright Street between First Street and Fourth Street described in "Exhibit A" attached hereto and incorporated herein by ref- 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, to construct, maintain, operate, replace, remove and re- new sanitary sewers and storm drains and appurtenant structures in, upon, over, and across the hereinabove described real prop- erty, and pursuant to any existing franchise or renewals there- of, or otherwise, to construct, maintain, operate, replace, re- move, 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 distribu- tion of electric energy, petroleum and its products, ammonia, and water and for incidental purposes, including access to protect the same from all hazards in, upon, and over the herein- above prescribed real property. RESOLUTION NO. 85'1 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 7th day of January , 1985. Daniel E. Griset Mayor ATTEST: ~/nice C. Guy / ~'~/ ~lerk of the Council / COUNCILMEMBERS: Griset Aye Acosta Aye Hart Aye Johnson Aye Luxembourger Aye McGuigan Aye Young Aye APPROVED AS TO FORM: ~w~r~J~ Co~per City Attol-r~y Legal Description All that certain real property in the City of Santa Aha, County of Orange, State of California, described as follows: A strip of land 5.0 feet wide, bounded Westerly by th~ East line of J.W. King's Subdivision as shown on that certain Pap recorded in Book 2, page 2 of Miscellaneous. Maps of said County, and bounded Northerly and Southerly by the South line of Fourth Street and the North line of First Street respectively. of the arc Excepting therefrom that portion lying Northeasterly , of a curve having a radius of 25.0 feet and being tangent~said South line of Fourth Street, and the East line of said 5.0 feet wide strip. Also excepting therefrom the portion lying Southeasterly of the arc of a curve having a radius of 27.0 feet and being tangent to said North line of First Street, and the .East line of said 5.0 feet wide strip. £XflIBIT A