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HomeMy WebLinkAbout92-067 - Santa Ana Vacating an Excess Right-of-Way between Newhope Street and Gates Street[:OOK/?AG dO: ¢,,2 -. DESDNO._ ,7/~ - v../. oo 415 RESOLUTION NO. 92-067 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING AN EXCESS RIGHT-OF-WAY PORTION OF REGENT DRIVE BETWEEN NEWHOPE STREET AND GATES STREET WHEREAS, this Council finds and determines that a certain portion of Regent Drive, between Newhope Street and Gates Street, in the city of Santa Ana, more specifically described hereinbelow, is unnecessary for present or prospective public use, for the following reasons: (1) The said portion of Regent Drive has not been used for street purposes for a period in excess of five years; (2) The said portion of Regent Drive is not necessary to provide access to abutting property owners; and WHEREAS, for the above reasons, this Council further finds and determines that the said portion of Regent Drive is excess right- of-way not required for street purposes; and WHEREAS, pursuant to the provisions of § 2381 of the Streets and Highways Code of the State of California, this Council does find and determine that no part of the abovesaid portion of Regent Drive is useful as a nonmotorized transportation facility, as defined in § 156 of said Code; and WHEREAS, this Council finds and determines that there are no in-place public utility facilities in the abovesaid portion of Regent Drive that are in use and would be affected by the vacation of said portion of Regent Drive; 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 Division 9 of the Streets and Highways Code of the State of California, and, in particular, § 8334 thereof, that portion of Regent Drive in the city of Santa Ana specified in Exhibit A, attached hereto and incorporated herein, is, 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, reserving and excepting from the vacation 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 RESOLUTION 92-067 Page 2 '' 417 appurtenant structures in, upon, over, and across said vacated street 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 lines, 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 said vacated street. 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 6th day of July , 1992. ATTEST: ~_.a~ice-C. Guy ' ~'~/~-~ Clerk of the Council~ Mayor COUNCILMEMBERS: Young ~ Pulido ~y~ Acosta Ay~ Griset Ay~ McGuigan ~ Norton Aye Richardson Aye APPROVED AS TO FORM: CERTIFICATE OF ORIGIN~*f~ttorney State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution ~- O ~ 7 to be the original resolution adopted by the city Council of the city of Santa Ana on Counc~, Date City of Santa Aha [XHIBIT R That certain portion of Regent Drive, a public s~reet in t[,a City of Santa Ana, County of Orange, State of California, shown on that cernain map of Tract No. 1298, Las Palmas Rancho, recorded in Book 41, pages 1 and 2 of Miscellaneous Maps of said County, said portion lying Southwesterly and Southerly of a curve, concave Northerly, having a radius of 43 feet, being parallel to and concentric with the North line of Lots 22 and 23 of said Tract No. 1298; said right-of-way bounded by radial lines from the most Northerly corner of said Lot 22 to said curve and from the most Northerly corner of said Lot 23 to said curve. HL:j~e/X regen~ I ~0 ° ~G~NT ?0 65 EDING~ ¸lO PROPO3ED AL~ANDONMENT NO. 9Z-,~Z I