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HomeMy WebLinkAbout92-088 - Vacating Portions of Westwood Avenue and Towner Street North of Civic Center Drive595 RESOLUTION NO. 92-088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING PORTIONS OF WESTWOOD AVENUE AND TOWNER STREET NORTH OF CIVIC CENTER DRIVE WHEREAS, this Council heretofore adopted on September 8, 1992, Resolution No. 92-082, 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, portions of Westwood Avenue and Towner Street north of Civic Center Drive; WHEREAS, said Resolution gave notice that on October 5, 1992, 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 Aha, California, this Council would hear any and all persons interested in or objecting to said proposed vacation of the said streets; 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 vacations 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 heard any and all persons interested in or objecting to said proposed vacation of said streets and received and considered all evidence submitted; WHEREAS, this Council finds from all the evidence submitted that the said streets are unnecessary for present or prospective public use, based upon the following findings of fact: 1. Said streets are not necessary to provide access to abutting property owners. 2. Said streets are 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 streets nor any part thereof, are useful as nonmotorized transportation facilities, as defined in § 156 of said Code; 1 RESOLUTION 92-088 PAGE 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. This Council does hereby order that those portions of Westwood Avenue and Towner Street more specifically described in "Exhibit A" attached hereto and made a part hereof by this reference, be, and the same are, hereby vacated, 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 appurtenant structures in, upon, over, and across said vacated streets 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 streets. 2. 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) The following easements shall have been dedicated to the City of Santa Aha by the owner or owners of the areas designated for such easements: (1) An easement for street purposes for the cul-de-sacs for Westwood Avenue and Towner Street pursuant to plans approved by the City's Public Works Agency; (2) An easement for street purposes for the widening of civic Center Drive to a distance of forty (40) feet north of street centerline; (3) A twenty (20) foot wide easement for storm drain purposes pursuant to plans approved by the City's Public Works Agency. (b) Either (i) the following street improvements shall have been completed in accordance with plans approved by the city's Public Works Agency: (1) The cul-de-sacs on Westwood Avenue and Towner Street; (2) The closures of Westwood Avenue and Towner Street 2 597 RES0LUTI0~ 92-088 PAGE 3 at civic Center Drive with curb, gutter, driveways (where allowed by plans approved by the city), pavement and full-width sidewalk; (3) The construction of storm drains from the Westwood Avenue and Towner Street cul-de-sacs to Civic Center Drive; or (ii) an agreement for the installation of such improvements shall have been executed between FHP, Inc. and the city providing for the subsequent installation of the abovesaid street improvements by FHP, Inc. within a specified time period, which agreement shall be secured by a faithful performance bond in the amount of the estimated cost of the street improvements. The Executive Director of the Public Works Agency is hereby authorized to negotiate and execute such an agreement on behalf of the city, subject to approval as to form by the City Attorney, and to accept and release the said bond on behalf of the City. 3. No final map shall be approved pursuant to the Subdivision Map Act which would, if recorded, have the effect of vacating those portions of Westwood Avenue and Towner Street which are described in Exhibit A of this resolution pursuant to section 66499.20~ of the Subdivision Map Act until the conditions specified in section 2 of this resolution have been satisfied. 4. The abovesaid streets shall not be deemed vacated pursuant to this resolution until this resolution is recorded. Closure of the abovesaid streets to vehicular traffic, as appropriate to allow for the construction of the abovesaid public improvements prior to recordation of this resolution, is hereby approved pursuant to section 21101 of the California Vehicle Code. ADOPTED this 5th day of October , 199_2~. ATTEST: Mayor COUNCILMEMBERS: Young Aye Pulido Aye Acosta Aye Griset Aye McGuigan Aye Norton Aye Richardson Ay~ APPROVED AS TO FORM: City Attorney 3 600 CERTIFICATE OF ORIGINALITY State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution ~~ to be the original resolution adopted by the City Council of the City of Santa Ana on /0- ~-- ?~ City of Santa Ana EXHIBll A , 601 Abandonment No, 91-A4 Legal Description Wgetwood Avenue That certain portion of public street in the City of Santa Aha, County of Orange, State of California, shown ae Weetwood Avenue on that certain map recorded in Book 30, page 8 of Records of Surveys of said County, said portion being 60.00 feet wide, bounded Southerly by a line parallel with and 40.00 feet Northerly of the centerline of Eighth Street, now called Civic Center Drive, as sho~ra on said map, and bounded Northerly by a nontangent curve described as follows: Beginning at a poinn of intersection of said curve with the West line of said Westwood Avenue, said point being 162.15 feet North of the centerline of said Civic Center Drive~ said cu~*e being concave Northerly, having a radius of 38.00 feet, a radial line through said point of intersection bears North 52°24'57" East (For the purposes of this description, the centerline of Civic Center Drive bears South 89°42'40" West.); thence Easterly along said curve through a central angle of 104~16'34'' an arc length of 69.16 feet to a point of intersection with the East line of said Westwood Avenue. Together with that certain spandrel-shaped area as granted to the City of Santa Ana by deed recorded March 19, 1965 in Book 7452, page 657 as Document No. 17246 in Official Records of Orange County, California. ToWl~er St%est That certain portion of public street in the City of Santa Aha, County of Orange, State of California, shown as Towner Street on that certain map of Tract No. 731 recorded in Book 21, page 47 of Miscellaneous Maps, records of said County, said portion being 60.00 feet wide, bounded Souuherly by a line parallel with and 50.00 feet Northerly of the csnterline of Eighth Street, now called Civic Center Drive, aa shown on said map, and bounded Northerly by the following described line: Beginning au a point in the East line of said Towner Street, said point being 158.27 feet North of the centeriine of said Civic Center Drive, said poinn being a point of tangency with a curve concave Northerly, having a radius of 38.00 feet, a radial line through said point bears North 89°59'40" East (For the purposes of this description, the centerline of Civic Center Drive bears South 89°42'40'' West.); thence Southwesterly along said curve through a central angle of 125'22'16", an arc length of 83.15 feet to a point of intersection wiuh the West line of said Towner Street. Together with that certain spandrel-shaped area as granted to the City of Santa Aha by deed recorded September 13, 1971 in Book 9800, page 872 as Document No. 9492 in Official Records of Orange County, California. HL:j~e LD91A4