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Home My WebLink About90-092353 Recording Requested by and when Recorded Mail to: Clerk of the Council City of Santa Ana 20 civic Center Plaza Santa Ana, CA 92701 RESOLUTION N0.90-092 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUMMARILY VACATING EXCESS RIGHT-OF-WAY LOCATED ON THE NORTHEAST CORNER OF FIFTH STREET AND BROADWAY AND THE NORTHWEST CORNER OF FIFTH STREET AND SYCAMORE STREET WHEREAS, this Council finds and determines that certain portions of the northeast corner of Fifth Street and Broadway and the northwest corner of Fifth Street and Sycamore Street, more particularly described in Exhibit A, attached hereto and incorporated herein, are excess right-of-way street portions which are not required for street purposes for the following reason: (a) Those portions of the right-of-way hereby vacated are occupied by a building. (b) In the absence of this excess right-of-way vacation, the building would continue to encroach very slightly into the right-of-way at ground level at the northeast corner of Fifth Street and Broadway, and to encroach slightly more into the airspace over fourteen feet above ground level at both the northeast corner of Fifth Street and Broadway and the northwest corner of Fifth street and Sycamore Streets. (c) The areas to be vacated are unnecessary for the safe and convenient travel of the public on the adjacent sidewalks and do not serve any other public right-of-way need. WHEREAS, pursuant to the provisions of section 2381 of the Streets and Highways Code of the State of California, this Council does find and determine that the abovesaid street portions are not useful as a nonmotorized transportation facility, as defined in section 156 of said Code; and WHEREAS, this Council finds and determines that there are no in-place public utility facilities in the abovesaid street portions; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. Pursuant to the provisions of Chapter 4 of Part 33 of 354 RESOLUTION NO. 90-092 PAGE TWO Division 9 of the Streets and Highways Code of the State of California, and, in particular, Section 8334 thereof, those portions of the northeast corner of Fifth Street and Broadway and the northwest corner of Fifth Street and Sycamore Street in the City of Santa Ana, County of Orange, State of California, a specifically described in Exhibit A, attached hereto and incorporated herein by reference, are, under the facts hereinabove recited, hereby vacated, and from the date this resolution is recorded in the office of the Recorder of Orange County, shall no longer constitute a street or any portion thereof. 2. 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 4th day of September Daniel H. Young Mayor , 1990. ATTEST: COUNCILMEMBERS: Young Absent Acosta Griset Ave May Ave McGuigan Aye Norton Nay Pulido Aye APPROVED AS TO FORM: City Attorney REL:mb 90/08/29.RS2 EXHIBIT A Page 1 of 4 EXHIBIT A Abandonment of Fee Title Parcel 1 That certain portion of Lot 2 in Block 20 of the Town of Santa Ana, as shown on that certain map recorded in Book 2, page 51 of Official Records of Los Angeles County, California, and as further described in deed recorded June 25, 1985 as Instrument No. 85-232693, Official Records of Orange County, California, said portion being more particularly described in said deed as a spandrel shaped area bounded Southerly by the South line of said Lot 2; bounded Westerly by the West line of said Lot 2; bounded Northeasterly by the arc of a curve, concave Northeasterly, having a radius of 25.0 feet, being tangent to said Southerly and Westerly boundaries. Excepting therefrom that portion lying Southerly and Westerly of the furthest encroachment upon said spandrel shaped area of the outside face of the wall of the lowest story of the building upon said lot 2 as it currently exists, a portion of said outside face of wall being approximately described as follows: Commencing at the Southwest corner of said lot 2, thence along the Southerly line of said lot N 89°58'09"E 1~.56 feet; thence N O°04'3B"W 3.57 feet to an angle point in said outside face of wall, said point being the True Point of Beginning of this legal description; thence along said outside face of wall the following courses: N 0°04'38"W 5.03 feet; N 89°40'14"W 10.50 feet; N 0°16'00"E 10.48 feet; S 89°31'06"W 5.03 feet; thence leaving said outside face of wall, S 89°31'06"W .07 feet to the Westerly line of said lot 2; thence along said Westerly line, South 19.10 feet to said S.W. corner of lot 2. Abandonment of Air Rights Parcel 2 That certain portion of Lot 2 in Block 20 of the Town of Santa Ana, as shown on that certain map recorded in Book 2, page 51 of Official Records of Los Angeles County, California, as as further described in deed recorded June 25, 1985 as Instrument No. 85-232693, Official Records of Orangs County, California said portion being more particularly described in said deed as a spandrel shaped area bounded Southerly by the South side of said Lot 2; bounded Westerly by the West line of said Lot 2; bounded Northeasterly by the arc of a curve concave Northeasterly having a radius of 25.00 feet, being tangent to said Southerly and Westerly boundaries. Excepting therefrom that portion lying Southerly of the most Southerly face of the parking structure upon said Lot 2 as it currently exists, said portion being approximately described as the Southerly 3.50 feet of said spandrel shaped area. Also excepting therefrom that portion lying within the space between the finished surface of the existing concrete sidewalk within said spandrel shaped area as it currently exists and a plane laying parallel to and 14 feet above said finished surface; excepting from this exception those portions lying Northerly and Easterly of the furthest encroachment of the outside face of wall of the lowest story of the building as described in Parcel 1, attached herewith. 355 EXHIBIT A Page 2 of 4 356 Parcel 3 Together with that certain portion of Lot 1 am show~ on said map, and as further described in deed recorded Juns 25, 1985 as Instrumen~ No. 85-232693, Official Records of Orange County, California, said portion being more particularly described in said deed as a spandrel shaped area bounded Southerly by the South line of said Lot 1; bounded Easterly by the East line of said lo= 1; bounded Northwesterly by the arc of a curVe concave Northwwesterly having a radius of 25.00 feet, being tangent to said Sooutherly and Easterly boundaries. Excepting therefrom that portion lying Easterly of the most Easterly face of the parking structure upon said Lo= 1 as it currengly exists, said portion being approximately described as the Easterly 5.10 feet of said spandrel shaped area. Also excepting therefrom that portion lying Southerly of the most Southerly face of the parking structure upon said Lot 1 as it currently exists, said portion being approximately described as the Southerly 3.40 feet of said spandrel shaped area. Also exceptin~ therefrom that portion lyinE within the space between the finished surface of the existing co~crste sidewalk within said spandrel shaped area as it curren=ly exists and a plane lying parallel to and 14 feet above said finished surface. ( EXHIBIT A 3,5~' EDGE OF BUILDING A T GROUND FI O0.q Page-3 of 4 ~, EXHIBiI A Page 4 of 4 ~00 ?d ~NRON9 .L V ~ . II