HomeMy WebLinkAbout91-108REL: 10/31/91
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RESOLUTION NO. 91- 108
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA VACATING SIXTH
STREET EAST OF GRAND AVENUE.
WHEREAS, this Council heretofore adopted on October 21,
1991, Resolution No. 91-096, 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, Sixth Street east of Grand Avenue.
WHEREAS, said Resolution gave notice that on November 18,
1991, at 6:00 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; 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, 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 portion 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 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
RESOLUTION 91-108
Page 2
049
W~EREAS, 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 Sixth
Street east of Grand 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 abovesaid vacation is
the easement and right at any time, or from time to time, to
construct, maintain, operate,replace, remove, and renew sanitary
sewers and storm drains 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, conduits, cables, wires, poles, and other convenient
structures, equipment, and fixtures for the operation of gas
pipelines, telegraphic and telephone line, railroad lines, and for
the transportation or distribution of electric energy, petroleum
and its products, ammonia, and water, and for incidental purposes,
including access to protect such works from all hazards in, upon,
and over the northerly sixty (60) feet of the area of Sixth Street
east of Grand 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
RESOLUTION 91-108
Page 3 0 ~ ]~
forthwith in the office of the Recorder of Orange County.
ADOPTED this 18th day of November , 1991,
ATTEST:
COUNCILMEMBERS:
Young A.ye
Acosta Aye
Griset Aye
~i chardson Aye
McGuigan Aye
Norton Aye
Pulido ~bstai ned
APPROVED AS TO FORM:
City Attorney
CERTIFICATE OF ORIGINALITY
State of California
County of Orange
I, JANICE C. GUY, Clerk of the Council, do hereby certify the
attached Resolution ~/--/6)~ to be the original resolution
adopted by the City Council of the City of Santa Ana on
I/-
~Cl/erk of th~ Co~ncl~,' Date
City of Santa Ana
RESOLUTIO~I 91-108
EXHIBIT "A"
LEGAL DESCRIPTION
SIXTH STREET ABANDONMENT
That portion of Lots 8 and 9 of the East Side Addition to Santa Ana in the City of Santa
Aaa, County of Orange, State of California, as shown on the map recorded in Book l,
Pages 21 and 22 of Miscellaneous Maps in the office of the County Recorder of said
County, described as follows:
Commencing at the intersection of the centerline of Grand Avenue with the centerline of
Sixth Street, formerly Central Avenue, as shown on said map; thence South 0°00'15'' East
64.84 feet along said centerline of Grand Avenue; thence North 89059'45'. East 50.00 feet
to the TRUE POINT OF BEGINNING, said point being on a line parallel with and
Easterly 50.00 feet from said centerline of Grand Avenue, said point being the beginning of
a non-tangent curve concave Southeasterly having a radius of 25.00 feet, a radial line to
said point bears South 89059'45'. West, said point being also on the Southerly line of
Parcel 1 of the easement for public street purposes to the City of Santa Ana recorded
July 2, 1984 as Instrument No. 84-273782 of Official Records in the office of said County
Recorder; thence along the Southerly and Easterly lines of said Parcel 1, the followin~
courses: Northerly and Easterly 39.22 feet along said curve through a central angle of
89°52'47% North 89052'32'' East 390.60 feet and North 0005'45" East 10.00 feet to the
Southerly line of said Sixth Street; thence North 89°52'32" East 116.00 feet along said
Southerly line to a line parallel with and Westerly 30.00 feet from the centerline of McClay
Street, 60.00 feet in width, as shown on the map of Tract No. 339 recorded in Book 16,
Page 8 of Miscellaneous Maps in the office of said County Recorder; thence North
0005'45.. East 60.00 feet along said last mentioned parallel line to the Northerly line of said
Sixth Street; thence along said Northerly line, the following courses: South 89052'32..
West 506.62 feet to the beginning of a tangent curve concave Northeasterly having a radius
of 25.00 feet and Westerly and Northerly 39.32 feet along said curve through a central
angle of 90°07'28'' to said first mentioned parallel line; thence along said first mentioned
parallel line, the following courses: SOUTH 55.05 feet and South 0°00'15'. East 64.95
feet to the true point of beginning.
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RESOLUTION
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EXHIBIT A
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