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Home My WebLink About90-075RESOLUTION NO. 90- 075 REL:mb(7) 5/18/90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING HESPERIAN STREET BETWEEN SANTA ANA BOULEVARD AND FIFTH STREET. WHEREAS, this Council heretofore adopted on June4 , 1990, Resolution No. 90-57, 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, Hesperian Street between Santa Ana Boulevard and Fifth Street. WHEREAS, said Resolution gave notice that on J~y2, , 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, are 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 the Streets and Highway Code of the State of California, the City Council does hereby find and determine that neither said street nor part thereof, are useful as nonmotorized transportation facilities, as defined in ~ 156 of said Code; 272 RESOLUTION NO. 90-~5 PAGE TWO 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 Hesperian Street between Santa Ana Boulevard and Fifth Street, described in "Exhibit A" attached hereto and made a part hereof by this reference, be, and the same is, hereby vacated. 2. 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, but that the public convenience and necessity requires that all public utility facilities be re- moved from said street in order that the areas presently occupied by said street may be used as parts of the site of a school to be constructed by the Santa Ana Unified School Dis- trict. Therefore no public service easement is reserved from the abovesaid street vacation. 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 conditions set forth in Exhibit B, attached hereto and incorporated herein have been satisfied. 4. Hesperian Street between Santa Ana Boulevard and Fifth Street shall not be deemed vacated until this resolu- tion is recorded. ADOPTED this ATTEST: ~i~e C. Guy / ,~/ Clerk of the Council~/ COUNCILMEMBERS: 2nd day of Ju]~ , 1990. Young Ac os t a Ah~ta i Griset Aye, May McGuigan Norton Aye Pulido Aye APPROVED AS TO FORM: City Attorne~ Legal Description Abandonment No. 89-A3 That certain portion of public street called Hesperian Street, 60.0 femt wide, as shown on a map of the Pacific Electric Subdivision of the Ross Tract recorded in Book 4, page 14 of Miscellaneous Maps of Orange County, California, bounded Southerly by a line parallel with and distant Northerly 52.0 feet from the centerline of Fourth Street, now called Santa Ana Boulevard, and bounded Northerly by the South line of Fifth Street; Together with that certain spandrel-shaped area granted to the City of Santa Ana by deed recorded October 8, 1976, as Instrument No. 10384 in Book 11917, page 1451 in Official Records of said Orange County. HL:jwe/J7 274 5. 6. 7. EXHIBIT RgL:mb(19) 5/21/90 CONDITIONS TO RECORDATION OF RESOLU'FION VACATING HESPER[AN STREET BETWEEN SANTA ANA BOULE- VARD AND FIFTH STREET. The Santa Aha Unified School District ("District") shall dedicate for street purposes, the following: Santa Aha Boulevard for a width of 52 feet survey centerline to property line. b. A 27 foot radius property spandrel at the northeast corner of Santa Aha Boulevard and Pacific Avenue. A 17 foot radius property spandrel at the southeast corner of Fifth Street and Pacific Avenue. The District shall submit a Surface Drainage Plan showing the direction and means of flow to the adjacent streets to the Public Works Agency of the City of Santa ana ("PWA"). The plan is to include existing and proposed elevations at and adjacent to all property lines. Drainage routed to the street must be directed beneath the sidewalk and through the curb. The District shall submit Street Improvement Plans, prepared by a registered Civil Engineer, for Santa Aha Boulevard, Pacific Avenue and Fifth Street to the PWA. All existing and proposed water and sewer services must be shown on the improvement plans. The District shall submit a ChannelJzation and Signage Plan to the PWA. The District shall relocate the two existing fire hydrants in Hesperian Street per PWA approved improvement plans. The District shall abandon the existing water line in Hesperian Street per PWA approved improvement plan. The District shall pay the following fees established by City Council resolution at is made. in the amount the time payment a. Drainage Assessment Fee (Area XIII). Plan Checl< Fees - Surface Drainage, Improvement, Channelization, and Signage. -1- 275 10. The District shall also pay cost of water service and fire protection facilities' installation - deposit varies as to size and requirements (prior to applica- tion for service). Two sets of improvement plans are required at the time of application. The District shall arrange for installation of any needed new water service and/or fire protection facilities in the public right-of-way as required by the Public Works Agency. These facilities will be installed by City forces at District's expense. Proper plans are required. The District shall furnish ornamental street lighting with underground service on all fronting streets as directed by the City Engineer. The District shall construct street tree wells and plant minimum 24 inch box trees per City Standard #1124 on all fronting streets at locations in accordance with approved improvement plans. 11. The District shall improve Santa Ana Boulevard as follows: Remove all existing street improvements from curb to property line. Reconstruct the curb and gutter at 44 feet from the street centerline. Construct a full 8 foot wide sidewalk with street tree wells. Construct adjacent paving as required. d. Construct two drive approaches in accordance with approved improvement plan. Remove and construct all damaged asphalt pavement to join the existing. 12. The District shall improve Fifth Street as follows: Remove all damaged curb, gutter, and sidewalk. Construct new curb, gutter, and full width sidewalk including across former Hesperian Street. Remove and close all existing drive approaches with curb, gutter, and sidewalk. Ce Construct two drive approaches in accordance with approved Site Plan and per City Standard ~1112, Case 2. -2- 276 13. 14. The a. District shall improve Pacific Avenue as follows: Remove the curb return to be removed at the corner of Fifth Street and reconstruct the curb return with a 25 foot radius and wheelchair ramp. Construct adjacent paving as required. b. Remove all damaged curb, gutter, and sidewalk. Construct new curb, gutter, and full width sidewalk. Close all drive approaches with curb, gutter, and sidewalk. Construct a 35 foot radius curb return at the northeast corner of Santa Ana Boulevard with a wheelchair ramp and cross gutter. The District shall install street striping and signage per approved Channelization and Signage Plan. -3-