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HomeMy WebLinkAbout90-005RESOLUTION NO. 90-005 REL:mb(7 11/27/89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING SISSON AVENUE. WHEREAS, this Council heretofore adopted on December 20 , 1989 , Resolution No. 89-12~ 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, Sisson Avenue. WHEREAS, said Resolution gave notice that on January 16, , 1990 , at 7:30 p.m., or as soon there- after as the matter could be heard, in the Council Chambers of the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, Cali- fornia, this Council would hear any and all persons interested in or objecting to said proposed vacation of the said street; and WHEREAS, this Council finds that said Resolution has been published in the manner prescribed by law for the publish- ing 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, 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, and received and considered all evidence submitted; WHEREAS, this Council finds from all the evidence submitted that the said street described in "Exhibit A" attached hereto, is unnecessary for present or prospective public use, based upon the following findings of fact: 1. Said street is not necessary to provide access to abutting property owners. 2. Said street is not necessary or convenient for servicing the flow of traffic. WHEREAS, pursuant to the provisions of § 2381 of U~e Streets and Highway Code of the State of California, tile City Council does hereby find and determine that neither said street nor part thereof, is useful as a nonmotorized transportation facility, as defined in ~ 156 of said Code; and 249 250 RESOLUTION NO. 90-005 PAGE TWO 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 for those in-place utility facilities which are required by the public convenience and necessity will hereby be reserved for said facilities, and that those in-place utility facilities for which easements are not reserved are not necessary for the public convenience and necessity. 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 Sisson Avenue, 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 westerly ten (10) feet of the abovesaid vacation is the easement and right at any time, or from time to time, and, pursuant to any existing fran- chise 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 telephone lines and for the transportation or distribution of electric energy, and for incidental purposes, including access to protect such works from all hazards in, upon, and over the area of Sisson Avenue hereby vacated. 3. 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 at such time as the Executive Director of the Public Works Agency provides the Clerk of the Council with written notification that the following conditions have been satisfied. (a) Sisson Avenue shall have been physically closed to vehicular traffic at Flintridge Drive with curb, gutter and sidewalk installed to City standards. (b) Ail pavement, sidewalk, curb and gutter on Sisson Avenue west of the improvement specified in (a) above shall have been removed, and such area shall have been repaved or graded to drain to Flintridge Drive. RESOLUTION NO. 90-005 PAGE THREE (C) Drainage facilities shall be constructed allowing for drainage from the parcel northwest of Sisson Avenue (A.P. No. 108-142-33) to Flintridge Drive and an easement to maintain such facilities shall have been granted by the owner(s) of the fee interest in the land where such drainage facilities are located to either the owner of the aforesaid parcel or to the City of Santa Ana. (d) The water line entering into Sisson Avenue from Flintridge Drive shall have been abandoned and capped at the point of entry. 4. Sisson Avenue shall not be deemed vacated until this resolution is recorded. ADOPTED this ]6th day of January , ]990. ATTEST: ~.a/nice C. Guy z ~ Clerk of the Council COUNCILMEMBERS: Young Aye Acosta Griset Aye M ay McGuiuan Ave Norton Aye Pulido A,ye b~-nie~ H. YoUng I Mayor ~ % APPROVED AS TO FORM: Edwar~. C~j~per City Attorney LEGAL DESCRIPTION Abandonment No. 89-A1 That certain public street shown as Sisson Avenue on a map of Tract No. 3652, recorded in Book 134, page 39 of Records of Orange County, California, said street being 60.0 feet wide, bounded Westerly by the West line of said Tract No. 3652, and bounded Easterly by the prolongation of the West line of Flintridge Drive as shown on said map of Tract No. 3652; Together with that certain spandrel-shaped area bounded Easterly by the West line of said Flintridge Drive, bounded Southerly by the prolongation of the North line of said Sisson Avenue, and bounded Northwesterly by the arc of a curve concave Northwesterly, having a radius of 15.0 feet, being tangent to said Easterly and Southerly boundaries; Together with that certain spandrel-shaped area bounded Easterly by the West line of said Flintridge Drive, bounded Northerly by the prolongation of the South line of said Sisson Avenue, and bounded Southwesterly by the arc of a curve concave Southwesterly, having a radius of 15.0 feet, being tangent to said Easterly and Northerly boundaries. ,.. ~ ~!$$0N PROPO&£D ~ ABANDONMENT EXHIBIT A MEMORANDUM Janice C. Guy Clerk of the Council ~ ~ject: Jim Ross, Executive Director Public Works Agency November 7, 1994 VACATION OF SISSON AVENUE WEST OF FLINTRIDGE DRIVE. RESOLUTION NO. 90-005 The conditions required by subject satisfactorily completed or bonded for. Please have subject resolution recorded. Thtk you Executive Director JR/PL/bl/073d resolution have been