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HomeMy WebLinkAbout99-017 - Vacating the Alley North of the McFadden Coupletli~'~: ~ ', o"~. P r~ .... RESOLUTION NO. 99- 017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING THE ALLEY NORTH OF THE MCFADDEN COUPLET BETWEEN MAIN STREET AND CYPRESS AVENUE AND AUTHORIZINGTHE MAYOR TO EXECUTE A DEED, WHEREAS, the City Council of the City of Santa Ana adopted, on March 1 , 1999, Resolution No. -_Lg_9_9_raZLI~ 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, the alley north of the McFadden couplet and between Main Street and Cypress Avenue; and WHEREAS, said Resolution gave notice that on April 5, 1999, 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 alley; 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 notice of said proposed alley 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 heard any and all persons interested in or objecting to said proposed vacation of said alley and received and considered all evidence submitted; and WHEREAS, this Council finds from all the evidence submitted that the said alley is unnecessary for present or prospective public use, based upon the following findings of fact: Said alley is not necessary to provide access to abutting property owners; and Said alley is not necessary or convenient for servicing the flow of traffic. WHEREAS, pursuant to the provisions of section 892 of the Streets and Highway Code of the State of California, the City Council does hereby find and determine that neither said alley nor any part thereof is useful as nonmotorized 62 transportation facilities, as defined in section 887 of said Code; WHEREAS, this Council finds and determines that a remnant portion of the property being vacated has real value only to the adjacent property owner and could be used by other persons only for the purpose of nuisance to such property owners of adjoining or abutting property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. This Council does hereby order that the alley north of the McFadden couplet and between Main Street and Cypress Avenue, more specifically described in "Exhibit 1" attached hereto and made a part hereof by this reference, be, and the same are, hereby vacated. 2. Pursuant to §8340 of the Streets and Highways Code, the City Council reserves and excepts from the above vacation an 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 these works from all hazards in, upon, and over the areas hereby vacated. The City Council also reserves and excepts from the above vacation an easement for future street or highway purposes. Moreover, if there are any in- place public utility facilities that are in use, the City Council reserves and excepts from the above vacation an easement and right necessary to maintain, operate, replace, remove or renew the public utility facilities. 3. 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. 4. The abovesaid alley shall not be deemed vacated until this resolution is recorded. Closure of the abovesaid alley 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. 5. The Mayor is authorized to execute a sale agreement, if applicable, and deed to the owner of the property adjacent to the remnant land being offered for sale, more particularly depicted in Exhibit ~2" attached hereto and 2 63 incorporated herein by reference, with regard to any right, title or interest the City of Santa Ana may have in said remnant land, other than the above described public service easement, and to cause the same to be delivered to said owner. ADOPTED this 5th day of April ,1999. ATTEST: Ma~or COUNCILMEMBERS: Pulido Ab s e nt Lutz Aye Bist Aye Christy Ave Franklin Aye McGuigan hya Moreno Absent APPROVED AlS TO FORM: Joseph W. Fletcher, City Attorney Cristine L. Shaw Deputy City Attorney CERTIFICATE OF ORIGINALITY ~ PUBLICATION I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution No. ¢;,. ~,-7 to be th~ original resolution adopted by the City Council of the City of Santa Ar~a on tf/$~,/q q ._ Date: /-f/~/~ ~-~---~'/' ~ / I /~.e~k of the Council / f/~ ~ CiW of Santa Ana ~ 3 EXHIBIT 'A ' ABANDONMENT OF ,4 T.T. Ey THAT PORTION OF LOT A OF REALTY SUBDIVISION RECORDED IN MISCELLANEOUS MAP BOOK 5 PAGE 55 IN THE OFFICE OF THE COUNTY RECOROER OF ORANGE COUNTY, STATE QF CALIFORNIA, DESCRIBED AS FOLLOWS;- BEGINNING AT THE NORTHWEST CORNER QF LOT 16 ; THENCE SOUTH 00"20'00" WEST 10.66 FEET TQ A POINT ON A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 740.00 FEET ; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE QF 01"24'22" AND AN ARC DISTANCE OF 18.16 FEET TQ A POINT ON THE EASTERLY LINE QF LOT 1 ; THENCE NORTH 00'20'00" EAST 7.85 FEET TO THE NORTHEAST CORNER OF LOT 1 ; THENCE SOUTH 89"08'00" WEST, 149.99 FEET TQ THE EASTERLY RIGHT-OF-WAY OF MAIN STREET; THENCE NORTH 00"20'00" EAST $5.90 FEET ALONG THE EASTERLY RIGHT-OF-WAY OF MAIN STREET; THENCE SOUTH 45'16'00" EAST, 21.00 FEET; THENCE NORTH 89'08'00" EAST, 184.98 FEET; THENCE SOUTH 00"20'00" WEST, 1.11 FEET ; THENCE NORTH 89"08'00" EAST, 109.59 FEET TQ A POINT QN CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 46.00 FEET; THENCE SOUTHEASTERLY ALONG SAIO CURVE THROUGH A CENTRAL ANGLE OF 25"45'44" AND ARC DISTANCE OF 20.68 FEET TQ A POINT ON THE NORTHERLY LINE QF LOT 16 ; THENCE SOUTH 89"08'00" WEST , 1.]1.74 FEET TQ THE POINT OF BEGINNING . SHEET I OF 2 ;C SHEET 2 OF 2 UJ MACMAIN PROJECT SITE MCFADDEN AVENUE \, Z LU Z ABANDONMENT AREA 67 68 MCFADDEN AVENUE MACMNN PROJ~T8~ ,/ LU L~ ------ --= ~ --= --=-- ==1 REMNANT LAND SANTA ANA City Council Agenda Date EXHIBIT 2 REMNANT LAND BETWEEN THE ALLEY AND MCFADDEN AVENUE