HomeMy WebLinkAbout93-029 - Vacating an Unused Public Service Easement in a Portion of Former Birch StreetRESOLUTION NO. 93-029
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA VACATING AN UNUSED
PUBLIC SERVICE EASEMENT IN A PORTION OF
FORMER BIRCH STREET SOUTH OF THIRD
STREET
WHEREAS, this Council, by its Resolution No. 91-081, dated
August 19, 1991, vacated, as excess right-of-way, a portion of
Birch Street south of Third Street; and
WHEREAS, in taking such action, this Council reserved the
following public service easement:
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 street and, pursuant to any
existing franchise or renewals thereof, or other-
wise, to construct, maintain, operate, replace,
remove, renew, and enlarge lines of pipe, conduits,
cables, wires, poles, and other convenient struc-
tures, equipment, and fixtures for the operation of
gas pipelines, telegraphic and telephone lines,
railroad lines, and for the transportation or dis-
tribution 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;
WHEREAS, this Council finds and determines that the said
public service easement has been superseded by relocation and there
are no public facilities with the said public service easement; and
NOW, THEREFORE, BE IT RESOLVE 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 section 8333 thereof, the abovesaid
public service easement located in that portion of former Birch
Street south of Third Street in the city of Santa Ana speci~iSd 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 public service easement.
R SOLUT O 93-029 243
PAGE 2
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.
3. The Mayor is authorized to execute a quitclaim deed to the
owner of the property to the east of, and adjacent to, the
abovesaid public service easement with regard to any right, title
or interest the City of Santa Ana may have in the area of the above
described public service easement, and to cause the same to be
delivered to said owner.
ADOPTED this 5th day of April , 1993.
ATTEST:
COUNCILMEMBERS:
Young Aye
Pulido Aye
Lutz Aye
Mills Aye
Moreno Aye
Norton .Aye
Richardson Aye
APPROVED AS TO FORM:
CERTIFICATE OF
ul~y Attorney
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
~%erk of the Counc ll~/ Date
City of Santa Ana
2
245
Minter. House Abandonment
Legal Description
That portion of Birch Street, as shown on that certain map of the Park
Tract Addition to Santa A~a filed in Book 1, page 30 of Records of
Survey of Orange County, California, bounded Southerly by a lime parallel
with and 25 feet Southerly of the Westerly prolongation of the North line
of Lot 47 of said Park Tract, and bounded Northerly by the prolongation
of the South line of Third Street.
246 ~'
THIRD STREET
SECOND
STREET
0
{33
FIRST STREET
EXHIBIT 1